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RES 2012-1358 - Contracts for residential street snow plowing services t,,1AHA,/y U4 `„ � ' # `- Public Works Department "�. . �+ OCTgi tl Cie # Omaha/Douglas Civic Center ®�vf�tr �r =o OctoNI0ber 16, 2012 1819 Famam Street,Suite 601 o F}a �- Omaha,Nebraska 68183-0601 660 A ^ CC I k & t-. (402)444-5220 oA Fax(402)444-5248 City of Omaha Robert G.Stubbe,P.E. Jim Suttle,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith are a Bid Tabulation and a Resolution approving contracts with the following bidders to furnish residential street snow plowing services within the City of Omaha for the 2012-2013 winter season: Elkhorn Lawn Care, Pond Pros, C&S Roofing, Inc., Dana Enterprises, Inc., Thorson Brothers Lawn Care, Blademasters, Alexander Lawns, Action Demolition, Josh Tedders Construction, Inc., Hardscapes Contractors LLC, BladeMasters Ground Maintenance, Inc., Choppers Lawn Service, DPS LLC, DIY Holding Company LLC, JC Construction, Nebraska's Best Lawn and Landscape, Goslin Contracting, Inc., Precision Enterprises, Inc., First Choice Builders Consulting LLC, Neon Green, JSW Contractors LLC, and Affordable Construction. These bids were received on August 22, 2012. The proposed contractors have a current Contract Compliance Report (CC-1) on file. As is City policy, the Human Rights and Relations Department will review the contractors to ensure compliance. The Finance Department would be authorized to pay the costs of these contracts from the Street and Highway Allocation Fund 12131, Snow and Ice Control Organization 116154, year 2012 expenditures. The Public Works Department recommends the approval of the contracts with the contractors listed above, as being the lowest and best bids received, and requests your consideration and approval of this Resolution. Respectfully submitted, Referred to City Council for Consideration: 9 Z/-,Z� A z "2_ Ro ert G. Stubbe, P.E. Date Mayor's -ic" Date Public Works Director Approved as to Funding: Approved: ,,,,;______ 62 9- �� [0141k, /°/a-kz. . Pam Spaccarotella Date Human Rights and Relations Date Finance Director Department 198312scp ar of the van above the rear doors. Other or Comment Aerial Bucket Lift. Page 3 of 5 s 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 i ofp -'>f� f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • • AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this day of , 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of 9 Omaha" and /9/p; . 3,— l�/J. , or"Contractor." WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Depaitnient reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of ,Z� A z "2_ Ro ert G. Stubbe, P.E. Date Mayor's -ic" Date Public Works Director Approved as to Funding: Approved: ,,,,;______ 62 9- �� [0141k, /°/a-kz. . Pam Spaccarotella Date Human Rights and Relations Date Finance Director Department 198312scp ar of the van above the rear doors. Other or Comment Aerial Bucket Lift. Page 3 of 5 s 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 i ofp -'>f� f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F ✓ a . the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his•equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 Public Works Director Approved as to Funding: Approved: ,,,,;______ 62 9- �� [0141k, /°/a-kz. . Pam Spaccarotella Date Human Rights and Relations Date Finance Director Department 198312scp ar of the van above the rear doors. Other or Comment Aerial Bucket Lift. Page 3 of 5 s 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 i ofp -'>f� f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the followingweek excepting that weeks with holidays p g or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, q these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported • immediately. • 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 Firm i ofp -'>f� f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F t 1n 13. GOVERNING LAW: This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 ctor owes liquidated damages, q these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported • immediately. • 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 Firm i ofp -'>f� f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this /O A' day of ;filer-, 2012. CITY OF OMAHA, a Municipal corporation, By: ,p ./. _._.._ Jim Sutt ,-, ayor Attest: i er • APPROVED AS TO FORM: /0551: Deputy City Attorney Executed by the Contractor this day of , 2012: Printed name of Contractor By: �_ J✓ /�C � �"'C A orized officer of Contractor 5 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: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 ctor owes liquidated damages, q these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported • immediately. • 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 Firm i ofp -'>f� f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F f EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act.of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion,color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited'to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F (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 Contract Compliance Officer. 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. 7 employment without regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this / day of 24/f er- , 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and Soh M4sie%5 a:R. or"Contractor." WITNESSETH, • WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to 'the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall, remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of s available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 ascertain compliance with the program provided for herein. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: • This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. • 18. WORK ELIGIBILITY: 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 pf a newly hired employee. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us • 4 s, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 ascertain compliance with the program provided for herein. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F f. b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this ' •day of � 2012. CITY OF OMAHA, a Municipal corporation, Jim Suttl or Attest: Ci Clerk APPROVED AS TO FORM: A f De City Attorney Executed by the Contractor this / day of eV, 2012: /ex rcy 66747 Printed dame of Contractor • BY /e" ,jAutl(orized officer o ontractor 5 es 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 pf a newly hired employee. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us • 4 s, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 ascertain compliance with the program provided for herein. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act.of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 in. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F "a • I (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 Contract Compliance Officer. 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. 7 out regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 in. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F i • AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this day of 2012, byand , between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of ' Omaha" and 04'S Rooft i1d.Lnc. or "Contractor." WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of s and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 in. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The,City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person,. 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 r shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 in. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 rovided for herein. 6 in. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.d.as.state.ne.us 4 sed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 rovided for herein. 6 in. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this g A-- day of aNi6teg..... , 2012. CITY OF OMAHA, a Municipal corporation, By: �. Jim r ayor Attest: ity lerk • APPROVED AS TO FORM: 45f�Depaty-City Attorney Executed by the Contractor this day of , 2012: c. (4 )4o,; Printed name of Contactor By: Aut orized officer of Contractor • f 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: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.d.as.state.ne.us 4 sed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 rovided for herein. 6 in. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act.of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 6 in. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F (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 Contract Compliance Officer. 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. • regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 6 in. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this a2S' day of c, 2 f-t i; 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and(I'mppdps t_ikh/ , S „iii`-e or"Contractor." WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 6 in. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION . The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 urnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 6 in. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • it 'V The City .of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 6 6 in. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 stances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 6 6 in. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F r b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this gik day of odder", 2012. CITY OF OMAHA, a Municipal corporation, By: Jim Attest: i lerk • APPROVED AS TO FORM: 14SSr Deptr7City Attorney Executed by the Contractor this c2 day of 4ovember , 2012: i&th-1 C7 rag Printed nanf Contractor r By: i Authorized facer ontractor 5 ation 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: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 stances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 6 6 in. • f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F . f (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 Contract Compliance Officer. 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. 7 oyment without regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this ,Z(tday of 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and Qct.., Ei kipcisif JhI. or"Contractor." WITNES SETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. • b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of conspicuous places available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F i the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 hall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS • All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 or herein. 6 f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. • 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 ed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS • All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 or herein. 6 f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this ill day of eyei' , 2012. CITY OF OMAHA, a Municipal corporation, By: I;.i tle, ay. Attest: Ci Clerk APPROVED AS TO FORM: AZ-- A A0-5T I rty City Attorney Executed by the Contractor this 2. day of 2012: Printed name of Contractor By: Autho ized officer of Contractor • 5 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: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 ed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS • All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 or herein. 6 f� ��► ,(� , i pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act.of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 0 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F I (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 Contract Compliance Officer. 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 theprovisions of Paragraphs (1) throu h (7) of this Section, g "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. 7 loyment without regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 0 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA i THIS AGREEMENT is made and entered this 1- 'day of ce14i 12..(2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and or"Contractor." WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of e in conspicuous places available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 0 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F . the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for. work covered under these specifications. 2 Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 0 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. • 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances mstances maycause the payment to p ym beprocessed later. If the Contractor owes liquidated damages, q g , these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: • This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us . 4 maycause the payment to p ym beprocessed later. If the Contractor owes liquidated damages, q g , these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this J g 0- day of Odder, 2012. CITY OF OMAHA, a Municipal corporation, By: • Jim S e(Mayor Attest: City . llerk APPROVED AS TO FORM: 4 7 DeHtrty'City Attorney Executed by the Contractor this day of , 2012: D P-5 Printed name of Contractor By: Aut orized fic r of Con c r 5 forming 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us . 4 maycause the payment to p ym beprocessed later. If the Contractor owes liquidated damages, q g , these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take • affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to arid 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 unds for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • • • • (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 Contract Compliance Officer. 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. 7 religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 unds for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this day of , 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and Af®Uetd4/ P for"Contractor." WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: • 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of s places available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 unds for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F ♦ tv the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 cer 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 Contract Compliance Officer 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. 6 unds for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F Y" The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will-be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION r` This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 ded for herein. 6 unds for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: • This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment -provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The-Ncontractor must complete the United States Citizenship Attestation Form,' available on the Department of Administrative Services website at www.das.state.ne.us 4 ges, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION r` This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 ded for herein. 6 unds for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F b) If.the Contractor in dicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this /! 'day of 606 , 2012. CITY OF OMAHA, a Municipal corporation, .. By. _._ Jim Suttl or Attest: / -.,.,- .,.. 411Appop. 1 perk ' APPROVED AS TO FORM: • /_1„..& A - -- '.' Ass r-Deptit City Attorney Executed by the Contractor this day of , 2012: Pi Y got-Pm/4 &4d/ Le,'. Printed name of Contractor 1 By: -4/4 Authorized icer of Contractor 5 egal 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: a) The-Ncontractor must complete the United States Citizenship Attestation Form,' available on the Department of Administrative Services website at www.das.state.ne.us 4 ges, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION r` This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 ded for herein. 6 unds for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (3) The Contractor ctor 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 contract compliance officer all Federal P 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 Contract Compliance Officer 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. 6 for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • (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 Contract Compliance Officer. 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 theprovisions 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. 7 religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (3) The Contractor ctor 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 contract compliance officer all Federal P 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 Contract Compliance Officer 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. 6 for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this '2.1 day of 5C4* , 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and ,+k.44&M t„ie% ale or "Contractor." WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the.Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. • 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of es and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer all Federal P 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 Contract Compliance Officer 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. 6 for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION . The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 ntract compliance officer all Federal P 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 Contract Compliance Officer 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. 6 for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F a The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and. employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. • 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 r herein. 6 for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F to 13. GOVERNING LAW: • This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors,. personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 tractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 r herein. 6 for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F . . • b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this t day of 65bitykL, 2012. CITY OF OMAHA, a Municipal corporation, By: J Suttle, ayor Attest: City ler • APPROVED AS TO FORM: 14557.- Deputy City Attorney Executed by the Contractor this day of , 2012: OW A fr- Printed name of ontractor By: c) k VIVC_ Authorized officer of Contractor 5 ebraska. 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: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 tractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 r herein. 6 for immediate early termination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 rmination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • tl (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 Contract Compliance Officer. 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. 7 mployment without regard to race, •religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 rmination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F t - AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this !s+. day of 0r.toL-r 2012, byand , between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and l,rzsT c 4 c c ,,t. or"Contractor." WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to 'the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of ployees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 rmination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F r the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 all furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 rmination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F I The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 certain compliance with the program provided for herein. 6 rmination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: • This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and. understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 s liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 certain compliance with the program provided for herein. 6 rmination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F ' b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this Jf7day of L 7 4 , 2012. CITY OF OMAHA, a Municipal corporation, B y' .ramAlf ttl-, a,or Attest: City erk • APPROVED AS TO FORM: 45-57 amity Attorney Executed by the Contractor this 1st day of Ot,Toi e 2 , 2012: Printed name of Contractor • By: Authorized officer of Contractor 5 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: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 s liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 certain compliance with the program provided for herein. 6 rmination for cause. 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F . ^r EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act.of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to 'ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F I (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 Contract Compliance Officer. 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. 7 or employment without regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F AGREEMENT FOR RESIDENTIA>t, SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this between the City of Omaha, a day of , 2012, by municipal corporation in Douglas Count nand and existing under the laws of the State of Nebraska, hereinafter y' Nebraska, organized Omaha" and 0,54A a referred to as "City" or "City of ark • �nG" or "Contractor." y WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Pl owing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to NOW THEREFOR, in consideration of the promises an herein and other good and valuable consideration t d mutual covenants stated acknowledged, the parties do hereby agree as follows: he sufficiency of which is hereby 1. GENERAL a. The Contractor shall provide his own equipment, labor, materials necessary to complete the required work. fuel and responsible for the maintenance and repair of its own e The Contractor shall be any other ipme availability, presence and supervision of its employees. quContr t or the T provide a garage or yard for maintenance and storage of equipment. Contractor shall q ent. b. The Contractor shall remain in communication a residential plowing operation. with city duringg operation shallto ben equipment with cella personnel at all times All equipment used in the Contractor's operator can be contracted at any time. phone or radio such that the 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of 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 Contract Compliance Officer 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. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 signed and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of 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 Contract Compliance Officer 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. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 4 The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS . All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 compliance with the program provided for herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: lies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS . All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 compliance with the program provided for herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F b) If the Contractor indicates on such attestation form that he or she is a • qualified alien, the Contractor agrees to provide the U.S. 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. • c) 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: • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this OK day of D C kat,- ,2012. CITY OF OMAHA, a Municipal corporation, 41P) By: Jim Sup r ayor Attest: • City ler APPROVED AS TO FORM: '/. Sf rae,puty City Attorney Executed by the Contractor this 2 day of )j t , 2012: • (cry t JA,„ ` .:16 s Printed name of Contractor • By: Authorized officer of Contractor 5 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: lies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS . All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 compliance with the program provided for herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F (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 Contract Compliance Officer. 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. • employment without regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F `�f a AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this at f day ofe r, 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and &ot 'd Coh-froefeS(-/-C. or "Contractor." WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's . plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of conspicuous places available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution.of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 th the program provided for herein. 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F ry 13. GOVERNING LAW: This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs; executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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 pf a newly hired employee. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us . 4 ractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 th the program provided for herein. 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 4 A < b) If the Contractor indicates on such attestation form that he or she is a • qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this I day of O , 2012. CITY OF OMAHA, a Municipal corporation, By Jim Su. kij ayor Attest: City erk 0 APPROVED AS TO FORM: • Depa City Attorney Executed by the Contractor this day of , 2012: Printed name of Contractor By. thorized officer of Contractor 5 es 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 pf a newly hired employee. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us . 4 ractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 th the program provided for herein. 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 4 11 1. t (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 su bcontractors,s bcontractors, 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 Contract Compliance Officer. 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. 7 tional origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 4 i AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this :4 day of -Crdcay bee, 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of•Nebraska, hereinafter referred to as "City" or "City of Omaha" and TIC L. G cl,' v. C 4-C or"Contractor." WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of s places available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 1 ' the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 ompliance officer 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 Contract Compliance Officer 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. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 rovided for herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F t 13. GOVERNING LAW: • This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us . 4 these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 rovided for herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this JYA day of Z,[%Z4,4 , 2012. CITY OF OMAHA, a Municipal corporation, By: Jim Sutt4/�ayor Attest: erk APPROVED AS TO FORM: .04 Asc De -City Attorney Executed by the Contractor this day of , 2012: AAA 111 6.5 ti ta Printed name of Contracto (77 ./j Bye/� -7 / Authorize ofir er of Contractor ,• i • / 5 raska. 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: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us . 4 these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 rovided for herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act.of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited'to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 or herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F (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 Contract Compliance Officer. 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. 7 egard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 or herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 4 AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA • THIS AGREEMENT is made and entered this! ''day of,Se kr!he";2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of •Omaha" and , ul,riStritt u�•-�''' or 11�•, d v "Contractor." WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of to the contract compliance officer 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 Contract Compliance Officer 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. 6 or herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 e contract compliance officer 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 Contract Compliance Officer 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. 6 or herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 for herein. 6 or herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supersedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to .this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us • 4 actor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 for herein. 6 or herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this 1 g r day of OhM , 2012. CITY OF OMAHA, a Municipal corporation, By: — Jim;,•As. ayor Attest: • ity Clerk • APPROVED AS TO FORM: Ass( De.liwty City Attorney ig- Executed by the Contractor this ,0 day ofjpdirn ber;2012: 32&k.. ehkc arts h-ta eyt v'C Printed name of Contractor By: y .�`� AutWorized officer of Contractor 5 onic 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: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us • 4 actor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 for herein. 6 or herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F (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 Contract Compliance Officer. 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. 7 without regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this a3 day of Seek- , 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and 51.3 (.csNksted-AZy w LLC or"Contractor." WITNES SETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: • 1: GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's • plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of uous places available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • i _ J the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. 'INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 to the contract compliance officer 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 Contract Compliance Officer 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. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will "process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. • 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. • 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this /f"day of gc ,41, 2012. CITY OF OMAHA, a Municipal corporation, By: Suttle, ayor Attest: Ci er APPROVED AS TO FORM: itsl7-Defitrtreity Attorney Executed by the Contractor this a 3 day of , 2012: 5 t3 Ca v.$oLc (—Lc- Printed name of Contracto i Au /,,v1, 5. br‘Acti orized officer of Contractor 5 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: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. • 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act.of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • ., (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 Contract Compliance Officer. 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. 7 hout regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F AGREEMENT FOR RESIDENTIAL SNOW PLOWING.IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this Z. day of ;I- , 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and 4v544,f /(fie" or "Contractor." WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and,. WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL • a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. • 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability• in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • J The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications.. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a.correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS • All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 6 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: • This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us . 4 r. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS • All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 6 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this )0 day of , 2012. CITY OF OMAHA, a Municipal corporation, C. By: / Jim ',i ttle, Ma • Attest: Ci lerk APPROVED AS TO FORM: -04 Depntt-City Attorney Executed by the Contractor this day of , 2012: 06540 A' Printed name of Contractor By: Authorized officer of Contractor • 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: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us . 4 r. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS • All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 6 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F Y i t (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 Contract Compliance Officer. 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. 7 religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this day of , 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and 11,? or"Contractor." WITNES SETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL. a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. • 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category g y of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 rogram provided for herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 rogram provided for herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F J • b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this /c 'day of �� 0 - , 2012. CITY OF OMAHA, a Municipal corporation, By: Jim Suttle,lrbr Attest: i lerk APPROVED AS TO FORM: 4 City Attorney c5 Executed by the Contractor this I day of Ocohe.r-, 2012: y 1 C as t. a ci Printed name of Contractor By: Wkie 1fficer i'Authorized of Contr tor 5 ation 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: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 rogram provided for herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 ided for herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F (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 Contract Compliance Officer. 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. 7 t regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 ided for herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F . c AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this ,9-7 day of S TOT , 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and PoEv:D ?iZoS /"C or"Contractor." WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, • WHEREAS, the Public Works Department reviewed the bids, and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and . other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of mployment. (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 ided for herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F c the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 ontract compliance officer 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 Contract Compliance Officer 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. 6 ided for herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out.of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 . 6 ided for herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: • 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 tractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 . 6 ided for herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this I g ay of 06/1)6er2012. CITY OF OMAHA, a Municipal corporation, c.• • — By: i . i Jim Su ,-, '.yor Attest: lerk APPROVED AS TO FORM: Detnrty-City Attorney Executed by the Contractor this oZ 7 day of sL I , 2012: Po wiD 1-des l(re S - -i ds telt- Printed name of Contractor By: Authorized-officer of Contractor 5 onic 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: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 tractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 . 6 ided for herein. 6 6 herein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F a EXHIBIT "A" EQUAL EMPLOYMENT OPPORTUNITY CLAUSE During the performance of this contract, the Contractor agfees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance p officer 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 Contract Compliance Officer 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. • rein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F (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 Contract Compliance Officer. 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. 7 employment without regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance p officer 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 Contract Compliance Officer 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. • rein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 1 AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this day of , 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and P(64.-i S;0,„) lfy ./ or"Contractor." WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS,bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to • the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of conspicuous places available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance p officer 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 Contract Compliance Officer 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. • rein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 (4) The Contractor shall furnish to the contract compliance p officer 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 Contract Compliance Officer 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. • rein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Depaitiuent. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this. contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 n compliance with the program provided for herein. • rein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 yment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 n compliance with the program provided for herein. • rein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F t b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. • EXECUTED by the City of Omaha this idzi day of C/'Cfibi-e , 2012. CITY OFOMAHA, a Municipal corporation, C.. _. .. . By: .;.. , i i.//.�i Jim Su! ', ayor Attest: :/ ty erk • APPROVED AS TO FORM: • 11114-- A4 � e -City Attorney Executed by the Contractor this .7 day of_-S • t' ba^, 2012: Pre-c-c i cyl 6.-1+-<4,-pr,..3'c Printed name of Contractor ,..1? . By: Authorized officer of Contractor 5 4a, 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: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 yment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 n compliance with the program provided for herein. • rein. 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F (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 Contract Compliance Officer. 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. 7 tion for employment without regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F `i AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this day of , 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of t e State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and %/,-);) f-2-7 'W: F74O/V/7e or"Contractor." WITESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of e 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 contract compliance officer 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 Contract Compliance Officer 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. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform ,to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours, 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State.Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment.mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION • This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 estigation to ascertain compliance with the program provided for herein. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: • This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 actor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION • This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 estigation to ascertain compliance with the program provided for herein. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City of Omaha this / day of Ce.A4 1 , 2012. CITY OF OMAHA, a Municipal corporation, By: Jim Sutt •yor Attest: At,:‘ City Clerk • APPROVED AS TO FORM: • - A 5,57 I aty-City Attorney Executed by the Contractor this day of , 2012: €'4, 416 4/(/ Painted name of Contractor -/ I By: ,, „,/// Authorized officer of Contractor 5 ns 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: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 actor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION • This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 estigation to ascertain compliance with the program provided for herein. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 rogram provided for herein. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F tiE (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 Contract Compliance Officer. 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. 7 sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 rogram provided for herein. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • 1 AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this day of , 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and i o rso v► .3I'05. Latlin Cate or"Contractor." WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of loyees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 rogram provided for herein. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 all furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 rogram provided for herein. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F The City of Omaha shall be named as an additional insured to the extent of the Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 rein. 6 rogram provided for herein. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • 13. GOVERNING LAW: • This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal employment provisions of this Contract with which the Contractor agrees to comply. • 18. WORK ELIGIBILITY: 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. • If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 s, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 rein. 6 rogram provided for herein. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED / � by the City of Omaha this / ?' day of��1 , 2012. !I CITY OF OMAHA, a Municipal corporation, By: Jim S , ayor '-� Attest: City Clerk APPROVED AS TO FORM: AS�r-ity Attorney • Executed by the Contractor this � day of 42) , 2012: Printed name of Contractor By: (.....;247#-g-:" Authorized officer of Contractor 5 tate 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: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 4 s, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 rein. 6 rogram provided for herein. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F I EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act.of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 in. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • r' (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 Contract Compliance Officer. 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. 7 ployment without regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 in. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F AGREEMENT FOR RESIDENTIAL SNOW PLOWING IN THE CITY OF OMAHA THIS AGREEMENT is made and entered this day of , 2012, by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City" or "City of Omaha" and -, ,r, or "Contractor." WITNESSETH, WHEREAS, the City solicited bids for Residential Snow Plowing for the 2012 / 2013 snow season; and, WHEREAS, bids were received on August 22, 2012 for residential street snow plowing; and, WHEREAS, the Public Works Department reviewed the bids and recommended acceptance of the bid by the Contractor; and, WHEREAS, the City Council has awarded a residential street snow plowing contract to the Contractor; and, NOW THEREFORE, in consideration of the promises and mutual covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. GENERAL a. The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of its own equipment and the availability, presence and supervision of its employees. The Contractor shall provide a garage or yard for maintenance and storage of equipment. b. The Contractor shall remain in communication with city personnel at all times during a residential plowing operation. All equipment used in the Contractor's plowing operation shall be equipment with a cell phone or radio such that the operator can be contracted at any time. 2. RESIDENTIAL AREAS The Contractor is responsible for plowing areas as assigned and listed in Appendix 1 of this agreement. Areas may be added or eliminated at the sole discretion of d shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 in. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F the City. The primary factor to cause the City to change the route assignment is the contractor's ability to complete an assignment in accordance with this contract. 3. SPECIFICATION The Specification for Residential Street Snow Plowing is attached and incorporated by reference. All requirements for plowing must conform to the specification. All equipment must meet the specification. Should there be any conflict between the specification, this contract, and state and local laws and regulation, the more stringent requirement shall apply. 4. WEATHER AND EQUIPMENT Residential street plowing will be done during inclement weather. The contractor shall maintain his equipment in such a manner that it will operate continuously in cold, high winds, freezing rain, sleet, and snow. The snow plowing equipment is expected to plow continuously for at least 24 hours. • 5. OPERATOR REQUIREMENTS The Contractor shall furnish trained, competent operators having sufficient knowledge of Omaha streets to follow routine instructions and/or maps. All operators shall be properly licensed. 6. PERFORMANCE GUARANTEE The Contractor shall provide a performance guarantee check, as required by the specification. The check shall be a certified check, cashier's check, or official bank check made out to "The City of Omaha." The City shall cash the check if the contractor fails to perform as herein required. The City will provide the contractor with a reasonable opportunity to remedy problems. 7. INSURANCE REQUIREMENTS The contractor shall furnish certificates of the following insurance prior to performing work under the specifications: a. Workmen's Compensation, Statutory b. Public liability in the minimum amount of $250,000.00 per person, 500,000.00 per accident and property damage in the amount of$500,000.00. All such liability insurance shall apply to liability for work covered under these specifications. 2 The Contractor shall furnish to the contract compliance officer 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 Contract Compliance Officer 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. 6 in. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F The City of Omaha shall be named as an additional insured to the extent of the. Contractor's operation under this contract. Certificates of Insurance shall be filed with the City Public Works Department. 8. INDEMNITY REQUIREMENTS The Contractor shall indemnify, save harmless and defend the City, it's officers and employees, from all damages, claims, suits and actions of any description, for or resulting from injuries or damages received or sustained by any party or parties, arising out of any act or failure to act, of said Contractor, or his agents, in the execution of work under this contract. 9. INSPECTION REQUIREMENTS The City reserves the right to make a rigid inspection as to mechanical and safety features of any and all plowing equipment dispatched to work sites at any time during the period of the contract. Such inspection shall in no way relieve the Contractor of the responsibility to furnish equipment in compliance with all requirements of the specifications and applicable State Law. The City's Inspector may order removal of any plowing equipment, which is in poor mechanical condition or otherwise does not comply with these specifications. 10. PAYMENT Payment will be based on the adjusted unit price for each category of residential street plowing performed as assigned and pursuant to this agreement. There shall be no premium time payment for overtime or holidays. Payment for work performed will be computed to the nearest one-hundredth-curb mile. The City will process a payment voucher each week for payment for the previous week's work (Sunday through Saturday) based on receipt of a correct and approved invoice. The payment voucher will be processed by the Finance Department that week and payment mailed to the contractor by the end of the following week excepting that weeks with holidays or other circumstances may cause the payment to be processed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 mpliance with the program provided for herein. 6 in. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 13. GOVERNING LAW: This Agreement shall be governed by construed and enforced in accordance with the laws of the State of Nebraska. 14. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior agreements, arrangements and understandings written or oral between the parties. 15. AMENDMENTS: Any amendment to modification of or supplement to this Agreement must be in writing and signed by the parties hereto. 16. BINDING EFFECTS: This Agreement shall inure to the benefit of and shall be binding upon the City of Omaha and its successors and upon the contractor and their heirs, executors, personal representatives, successors, entities and legal representatives. 17. EQUAL EMPLOYMENT OPPORTUNITY: Annexed hereto as Exhibit A and made a part hereof by reference are the equal.employment provisions of this Contract with which the Contractor agrees to comply. 18. WORK ELIGIBILITY: 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 pf a newly hired employee. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us . 4 essed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 mpliance with the program provided for herein. 6 in. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. c) 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by themselves or their proper officials thereunto duly authorized as of the dates below indicated. frOk EXECUTED by the City of Omaha this to day of 1, /0 ,2012. CITY OF OMAHA, a Municipal corporation, • By: Ji - le, May! Attest: City Clerk • APPROVED AS TO FORM: i‘,/K A , Asti. Drptrt City Attorney Executed by the Contractor this 2 '1 day of 6' , 2012: Printed name of Contractor By: ,`{ A th'orized officer of Contractor 5 tion 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 pf a newly hired employee. If the Contractor is an individual or sole proprietorship, the following applies: a) The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us . 4 essed later. If the Contractor owes liquidated damages, these will be deducted from the payment voucher. If the Contractor earns incentive monies, these will be paid on the monthly payments. 11. BREAKDOWNS All breakdowns lasting more than two hours must be reported to the City. Breakdowns which reasonably can be expected to last more than two hours shall be reported immediately. 12. TERMINATION This agreement will terminate on April 15, 2013; however, any material breach of this agreement, including any failure to provide the residential street snow plowing services as required in this agreement, shall be grounds for immediate early termination for cause. 3 mpliance with the program provided for herein. 6 in. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F EXHIBIT "A" 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, national origin, or disability as defined by the Americans With Disabilities Act.of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 6 in. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • • (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 Contract Compliance Officer. 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. 7 to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (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 contract compliance officer 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 Contract Compliance Officer 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. 6 6 in. 6 6 3 6 pq By Qfre,77 Title 4i� A2�Pi , CONTINUATION SHEET 6191 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_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F C) c 0 H W a 0 a a 0 0 0 0 0 0 0 0 0 a a 0 0 0 0 0 c0 c Z V ui O Iri ui Lc) ui O xi ui ui O Lc) Lc) Lc) Lri O tri Lri ui ui mco a ,r U EA69 in co EAER � � co co ERER 0 co U j o 0 o o 0 0 0 0 0 0 a) a• ) F- W 0 0 0 o 0 0 0 0 0 0 o. c Zv.(,� I . I . . . . . . I O Lf) O tr) O O 'xiO 6lO c coEA ER ER EF3 ER ER ER a, 6R. as 0 J _ . a`3 U F_ W a a 0 a 0 0 0 a a 0 0 a 0 0 0 0 0 0 0 0 2 Z V 75i c0 O c0 O Lri O N co N M c0 O ui to M co O Lc) O ca d � , ER EA i to E � co E E`i co co co ef, ER co U -oa °4 caa I— W 0 0 C) 0 0 0 0000 0 0 0 0 0 o 0 Lo 0 0 O oo o rn o 0 o a E 8 Z U c) to O O O N as r- O 6Oi (0 0) tri cM X V' d' Vr ID CS) MLi) N M M cr) Tr V' L to o a c D d to ER ER ER ER ER ER ER ER ER ER ER ER ER Q J c U EU O O O O O O o 0 0 0 0 O 0 0 0 0 O 0 0 0 0 H W o 0 0 0 0 0 0 0 0 0 0 0 o 0 o O O o 0 0 12 Z C3 Lr) O Lr) L(i O 6 O to Lei O Lr) O to to O Lr) O Lo Lr) O 0 C D ct co Lo CO (Y) c 't to (0 CO *I' At to c0 M "4- I LO (0 < o a ER ER ER ER ER ER to to ER ER EA ER EA OR EA ER ER CR ER 0 - C C.) _ 0 c ' F- W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :. Z v In Lri O Lei O tri 6 O Lci O Lri Lri O LC O ui Lri O Lri O Q c E ER CO (A ER ER � ER 69 EA ER ER � S ER E o d U Co ;it Ca Co o (Y) Zo Fa o "en 't Co co 0 Co tr b Co 0 d 1 1 I I n- 1 I 1 1 •-- I I I I 3-- 1 1 I I E = = ' _ _ _ I = = - _ _ _ _ I CD CD _(V .- A- .- = CV A-- A- A- = CV 1- 1- e- _ (V V- %- - _ `m r M 4 co c0 Eh 4 cp `— M O O co O co o 63 _ Z E o 'o C = rn 0 1 8 '7) 41:C 0 co :c; Z Nto'. v °LL 5 c y w co a J o w e = z sx JU ° co N M v S CT) u.m Z I- I- 2 Fc o Ill N _N 2 0 Z 9. c N a a 0 0 • O ° g O•E z F- CC cs. N aci ?' a7i m - N E I— c b w E co CO G 7 A w m '4 rn CO a1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F OL O O O O O O O O O O 0 0 0 0 O 0 0 0 0 0 O I- W O 0 0 0 0 O o 0 0 co O O O O O O O o Q 0 V ti Z 0 N O Lo In Lo 6 N O cO cO ui N O 06 tci tri N O o0 0Q 'C u) LCU CO N- v.) Lc, Lo Cfl M u) U) Co co L. U) CO N m = a fA tf? ER Ef) CR ER Ef3 69 69 69 69 Eft 64 ER ER ER ER 69 it, a) E as Q 0 0 0 0 Q O O O O O 0 0 0 O O C.) 1— W 0 0 0 0 0 O O O O O O 0 o 0 0 t z (,,) I 1 1 1 1 N f— N N O N N- C' CV O CV oi Oi" _se co M .4- LO CO M COV' LC) CO CDd ER 69 ER 64 69 CO 69 d3 ER CO ER 69- ER _J t O O O O O O O O O O 0 0 0 0 0 F_ W O co 0 0 0 0 0 0 0 0 0 o Q 0 >+ 0 i 1 1 1 1 Q O C�6 LC) L O u7 L() U') O 6 Q 6LC') Q 1 ? 2 Lo Co co 4- 4Lo CD CO CO V' LC) I- p 69 V4 69 69 ER ER ER ER 69 69 69 ER ER ER a O. O Q 0 0 0 O O Q O O O 0 0 0 0 I- W O O O O O o coop 0 0 0 0 0 Z V LO O to O Lo Lc; Q U) O Ln 1 1 1 1 1 M LE) tQ D M `Q' Lo Lo M d Lo Ln ER Ef3 ci 69 d a- , ER tR 69 69 Ef} Ef3 ER ER ER <f} O O C o 0 0 0 0 H W o 0 0 0 0 a 0 0 0 0 0 0 0 0 O _ O 0 0 0 o O O O O o = Z 0 M CO CO O U) M CO ti I 1 1 1 1 M co N t� 00 M co •c to } coEfk co co co 6 co ER ER ER 69 ER 0 a a) co U 00000 00000 2 '` F_ W �a Z (� 1 1 1 1 1 I 1 1 I 1 Q L() U Cp N- CL*) V' LO (D O Q ER ER ER 69- 69- ER 69- ER C a W r y co v io a6 o M io a6 o iv) d' io ao o i,) v io a6 0 �_ I I 1 I N- I I I I r I I 1 1 �' I_ _1 _1 _I ID a) N r r = CV N- 1- r- _ cV 1- A- e- _ N r 1- .) P M 4 CO 1— M 4 cD 1- M CO 6 4 CO co 00 m et O • 'o _ V 00 'N Q o cc Z o d a CO to_ 0 a , moo Si � r Mary N` ' 0 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F N 0 -- - -- - O O 0 CD 0 0 O 0 CD CD 0 O 0 0 0 0 0 0 0 0 0 L. W o 0 0 0 0 0 0 o o o O o 0 0 0 0 0 0 0 0 • ci) L Zoo 000 (� 0 0000 0 0000 co o000 M co N CO 4 to co r` co 4iC) t0 N M L) t0 r` � o � 0. U)to to to 64 � 64tfltfl to. � EA69 � tA6969tflEA 0 to 0 00000 v M H la0 0 0 0 0 Hz U i 1 I I I I I I 1 I I I I 1 I CD M o ct If) CO TA" Eft t9 • to to- 0 0 d -3 U , 3 W I— CI H W 0 cc cn Z V w EnV m w w co c U • 0 O H W 0 o000 o) to to o to Lc) u0) u0) 0 u0) uo) to to-) o to If) � U 2 • Z U 4 0 t>j v ao v 0 Ni: 0 0 0 v 0 con EE N N C'�) M N N M M M to N N M 2 M N N M M M O D. t» to 2to to 0 co U I 0 0 0 0 0 0 00 H W 0 0 0 0 0 co a Z 0 1 1 1 1 1 1 1 1 I1I o 4 (10 - o as C 0_ EA t o Ea 69 _ 0 a 0) V CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 H W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .O c`a Z 0 o 0 6tri ui o 0 Lri ui 6o ti cNi o 6O N cNi o ui 0o O ma2 as 2aaL � 2 � aa � 22 � � & . ) d CO (O O M kr CO a0 O M `. CO k) O M d tO CO O E - - - a ' - - - - ' ,- - - - ' - - - - N m N e- r e- N - CV •r- N ;- N c m w M d CD M CO cd t� M Occi M �l (D ai ci 0 E Z E o> CriQ 0 o C = rn 0 o 'NQO co p Z o co 2 d a' co0 ,o „C O c , H N C.) u_ a IPJ orkkd cc Ch itt o N p Q 0 0 0 0 g 1 g = 0 w N Ch N_ N e O Z - C N 3 0 0 0 0 0 0 w N .-, CO < O N E I— = m 0 D c Nt co ! m CO wa al a 2. c f i— 0 < 0 u) ` CV N- 1- r- _ cV 1- A- e- _ N r 1- .) P M 4 CO 1— M 4 cD 1- M CO 6 4 CO co 00 m et O • 'o _ V 00 'N Q o cc Z o d a CO to_ 0 a , moo Si � r Mary N` ' 0 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F Fes- W 0 0 0 0 0 0 0 0 0 0 Z (,) , , , , , I Q U) O in 0 O ,n O in O 69- ER ER ER ER ER 69 ER 69 ER a o 00000 00000 00000 0 0 0 0 0 •N F_ FL Q 0 0 0 0 00000 Q a o 0 0 00000 • ri Z 0 o (Ni c‘i aD 6 r) o o Cp a C o o CO o c, o o Ca D CL a SERER co (a � 69 CO ER ea co � � U - - O d 1.- W CD0 0 0 0 0 0 0 0 0 00000 Q O o 0 0 Z 0 , 1 , , , , , , I 1 C6 4 O) Cr; 6 6 4O) Q) C) v ' 1l) CO N Cr) Cr) d' 1C) C) .- cocoER EA ER ER ER 69. ER ER 69 ER 0_ c 0 a) 00000 I- W o 0 0 o 0 Z U , , , I . 6 Q) O lO O , , , , , , , , , , Cp = re ER Ef} ER 69 EA a) a z Q) od N 0 io c ° 0 0 0 0 0 0 0 O a 0 0 0 0 0 Co 0 o 0 a 0 0) 3 c0 H W o a o 0 0 O o 0 0 o O o a o 0 coo (0 J N Z O CC) O CO En a O O o Lt7 0 cO O o lri a co O Cn 6 O L -o C7 d' d' LX) CO M dY LC) CO CO d LO CO CO dr d' ,.f) CO Q 'J c = ER ER ER ER ER ER ER ER ER ER ER ER 69 ER ER EA ER ER ER Z WJ a CO CO 0 I— W O 0 0 0 0 Oo O O o O u > Z V , , , , , O In o tri N , , , , , 4 O dr U CO COa Z M 2 j X Lo (0 ER ER Ef} ER EH Q. N ch v to bo b c'� `Q' Zn b0 b. bo 4 iO b0 b ;1 `v Zo b0 0 _� , m d N x-- r = N a- x- r = N e- r' _' N .- r- r R :" M d CO M d CO M d CO M d O S O E r Co 06 co 'xi z r E Jb o C = _ 0 U g �y � O Z Ja -c) gc� °' O t0 y0. 0 Z (Ti CU w Q ILI E = al Z i a� coi- o o Q 0 0 v v o 0m z Ems- 1- ire F- 2 0w U) U) Cl) co to o 0 c N 0 0 0 " Q O 9 ,C TO Z F.. Ce D. Cy (/� o g o su E1- cal O M ) t w co E in m cy, a oC mt v I- 0Q0u~i � W 'o _ V 00 'N Q o cc Z o d a CO to_ 0 a , moo Si � r Mary N` ' 0 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F I- w Z 0 m Fe Iw Z 0 a I— w Z 0 D Ffe a H W Z 0 a c o co a) H_ W / C 0 0 0 0 b • (Q Z Q 1 1 I I . 1 I I I 1 1 , 1 1 1 I (N m v' CO H O 0 C Eft to 6R ER 69 CO HE a U) O 00100 0 C7, 000 O 00000 0 O Q 0 0 N •` F_ W O 0000 O 0000 0 0 0 0 0 0 0 0 0 0 N fl- Z C� LU N O i- 6 LUCNONU 6 N O N i.f) id N O N L) 0. CC N M d• CD 00 O (M (o 00 O M tl• CO 00 O M b 00 O 1 I I I r 1 1 I I r I I 1 0 al N r X r =� N c- X- Z. N N- r- c- _� (N L. r r• _� m P 6 4 Eo co 64 6 � M 4 ca CO Ei 4 O CO o 0 E z E C I _ o o a) C) g 'yQO m :0Z UW hi N .a,...- 0- w a w °' c w 0 E. = Z ix 3 0 O (/) T. N M .4. o � 0 < V V o V m Z 2 2 I- ii o co I o m 0 W 0 0 to (n O Z - E G 0 0 O 2 •= O H � aNZ m m O � • (NJE I— c too m c N r w co E H 0 < 0 cn _ . CO CO 0 I— W O 0 0 0 0 Oo O O o O u > Z V , , , , , O In o tri N , , , , , 4 O dr U CO COa Z M 2 j X Lo (0 ER ER Ef} ER EH Q. N ch v to bo b c'� `Q' Zn b0 b. bo 4 iO b0 b ;1 `v Zo b0 0 _� , m d N x-- r = N a- x- r = N e- r' _' N .- r- r R :" M d CO M d CO M d CO M d O S O E r Co 06 co 'xi z r E Jb o C = _ 0 U g �y � O Z Ja -c) gc� °' O t0 y0. 0 Z (Ti CU w Q ILI E = al Z i a� coi- o o Q 0 0 v v o 0m z Ems- 1- ire F- 2 0w U) U) Cl) co to o 0 c N 0 0 0 " Q O 9 ,C TO Z F.. Ce D. Cy (/� o g o su E1- cal O M ) t w co E in m cy, a oC mt v I- 0Q0u~i � W 'o _ V 00 'N Q o cc Z o d a CO to_ 0 a , moo Si � r Mary N` ' 0 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F c o f,, W o 0 0 0 o O O a a 0 to 0 0 po 0 0 0 0 0 0 0 o O 0 o Ct 2 U 0 ui tri. La tci o o a o 0 (Ai 0 M M mot' a CO co to CO N- V N 0 oo d Ef3 EH Ef} Ef3 Ef3 Ea Ea Ea ea fA Q Efl 69 U a) CA •V a) a) H W o 0 0 0 0 0 0 0 0 0 0 o C 69 69. Ea Ea Ea 69 0. a J a) .' O 0 0 0 0 0 0 0 0 0 0 0 • � W O O o Q a 0 0 0 0 0 O 0 0 0 Z 0 Ch Co E2 ica a 0) Cn O) LU uU O O LC) O ap (O O a _ 69 69 69 69 69 69 E EA 6 C4 a m a) a o O o 0 CD 0 0 0 0 0 21 W o) 0 0 0 0 0 0 0 0 0 0 C c Cn Z 0 CA N: CJ) l.n C'i 4 O N N O N I I 1 a. • a O 0 0 0 a) V H W O 0 0 0 CD CD 0 0 p p 0 0 a 0 (_3 O o 0 O CO `s V Cuff) a dam' U) C h CO CD x-- N e- N ( r- N N o coC = a ff) E/3 ER ER Efl EA Efl Ef} yq. EA Ef3 0 C 0 H W 0 0 0 0 0 0 0 0 0 0 0 0 O O o 0 0 0 0 0 0 0 o o 0 OO 2 2 Z 0 iti ui 0 tr) o O O o 0 0tri V j = M 't a tin (O v to CO N- CO 1 Q C o a EA Ef? Ef} Ef3 E19 Ea Ea Ea Ea Ea Ca CO U _ Cr) "v o bo o cf) `v i0 in o •c 0 iii �: i6 1 1 1 1 N- 1 1 1 I lc) 'C :-- A 4) , v) d a) c v) d (V c- CV = O C O CU h CDcci cti06 a CT g _3 C Q E 0 masz N rn _ ,. i tii T E . C S a C • : Q 3 .NQO Ca :0 Z t Oa a m O 0 U) a) �- a 0 E E .°.,) L O O co c ' r a N a) a) a) w a C c a ›. z a ca o � Ow Q � aaP a N = Z � E v3 Cl) Cl) C _ H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F V 0 0 O 0 0 0 O a) W 0 0 0 0 0 0 0 0 0 0 0 O co 0 • U Z V M a aii (0 ( rn 0 tri ui `�) ' 6 o _ N i m = a Eft Eft E9 Eft U Eft 69 EA Eft 6F3 N Ea- CV O LT- a) t I . W 0 0 0 0 0 0 0 0 0 O O O CD O 0 0. 0000 0 O Z O tl O N �- 0 D aD IC) 0 I = 66E 669 Il g ft Eft 69 U,a. J I— W O 0 0 0 0 0 O O O 0 O > Z V ui 0 LU u) 0 L0 LC) O o O6 a i tr) Lr) f� CO N O) r .r O = a 69 Eft 6A? Eft if, 69 Eft �y Ef3 o 0 0 0 0 o 0 0 -J1— W O 0 Z O . I i i p 0 0 6 N O O O O ui _ _ _ u) u) CI- DE2 609 to Ef3 69 Eft Eft CI a. 0) C_ O O O O O 0 O I- W 0 0 0 0 CD 0 0 0 O = Z O . I , i , COcri �O�• u) 4 06 u) O M 4 O >-- . 69 Eft Eft Eft 69 Eft 69 0 a ca •N I- IL o 0 0 0 0 a o 0 0 o O 0 0 0 g Z V L i 0 0 0 0 ui o ui o a 0 0 0 0 p a) m (2 CO CILO Eft w a V) � E9 � co v in ao b co 'kr Co ao b c r 1 I 1 I e- 3 .. . :-• >, a) a) 1 a) 0) ca)d r _ V C O C7 CO al7 4 c.d. cr. c O) m L N Z. :o c 2 > a) v '� s n o 'NQO a Z m 3 v .RCOa a CO O e=a CD w a Q. H N 0 m ` N .�' V F- Q W cu a a w O �_ G. r +� N • • Z E cn O O x O 0 in v U U o N CI J U as C H Z c c a) CMu_ Z H I H a) N :3 Z j nG ill N CO . 0 O Co C H CI O � V E. •w �'l O ' a> Q O N E 1- C nt . O c NtccE w :; .Cw -, y H cp C < Q ) `. = Z � E v3 Cl) Cl) C _ H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F ,. T 0 0 CD 0 0 0 0 CD 0 O 0 0 0 0 0 0 ) W a 0 0 0 CD 0 0 0 O 0 0 0 Z V O O O O O to to Or Or to 0 el M CO = d 64 6g 604 64 64 64 69 64 0 L.. C -o0 -o ' F' W O O o 0 0 O OOO O Hr Z V i , i , , to O t() O O tan ' ' , r 69 to 69 69 69 o a 0 w I al HW O0 Z U U p n 2 amw a. 2 C C 0 U I— O O O O O O o 0 0 o 0 - W O ix) to to to O to tl) tf) u) CD U Z V 4 O U) c0 O M o ,- , , i Cl) a ( 61 � o 0 a) N a 0 o 0 0 o 0 a o 0 0 o O 0 o 8 U F- 11.1c) 0 0 0 o O O o o 0 0 o 0 0 N ca Z V c‘i ci o ri 1.6 t(i o tri o 0 0i o — ER ER E ER Eft _ o a. U 0) C 0C j }-- W o o o 0 •0 . 0 0 O 0 (A 03 Z V , , , , , O (O O O 00 r co tri N A 0 cR 14 io bo o in- v i0 o c v , , , , , , . 3 n c C c a) - _ , +.+ (y r r r c CV r r r = C 0 N VM 4 co ' M c� 0 Q O c Q • a) P2 Z 0 E .��.. C N - cJ O (I) 0) `) C = 5 a) v t a 'y < O m Z ca a 3 eL co a a m 0 (ca a) 0 a) v0 il• � c�d a 0 E •E 2 L O O 0 v) a) a) �_ d ( is, V s C to - ' V j Q W 0 to m o. a 70 CTA _ o. N O• Z N U 0 cc OCD to cN) (° J o co 0Q 0 0 N F- Z C C (I)co m � d O (0 m E • 0 Z n a 0- o O z• OP CN G cC.) O (n (n 1-- D O W 0N C +v Q O N E tr.c c C ,A t w c E H o < a (CO � � - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 0 }' W o 0 0 0 0 0 0 0 0 0 0 o o 0 C3 Z V 0 `n 0 LU coo ton Co CO o o N o O N CV dER Eft Ef3 69 Ef} 69 69 Ea CO Ef} p H W O O O O O O O O O O O 0 0 0 0 O O O O O O .0 Z V Oca. M O O CO to O Uj LU to o ' ' to F.). aLO CD CD Ee EA 6/9 E 69 69 CO E CO 1— W 0 0 0 0 C) 0 0 0 0 0 O O O o 0 0 0 0 0 0 o Z V M M 3 � cri N C�e) O Ti 00) 0 CO = 269 t EA EH CO 69 EA 69 a a C a) a) 1— W tQ 0 o M to v} 69 a a Z 05 -Ca C a 0 0 0 0 0 0 0 0 0 0 0 0 MS F-• W o 0 0 0 0 0 0 0 o o o LU LU o ZU co 6 co tri O M O to O CO co; o `1N fM} Rd t tag d I-- .Q "'' ER En69 69- - co a J a.zC] O O 2 Fes- W 0 0 00 0 0 Zto i V , , , , , to to t() 6 N , , Z }(13 M re Ef3 coEA EA Efl. a. M CO o O M RI- CO a) O C) CV c- •r (V . . r- Z. a) C O a) • cM V CO ' M 4 CO ' d Q E 132 O o) c- U E 2 co Q) �o . •c Z E C2 a) V - '7 Z Q• 3 'y < 0 m •a It+ Z ca �' 3 w 0 (v2a a 'm i O c a � � a t O c , a) ,0 a) v 2 v n. e E E ,�,' CCI Ce a) c C c -L aTo- ... 0 � vw a w o co O. a c w y 7ZrY E N o o rx .E .E pgm Z I- 7 o a a 7 O p a V a) a O co cn H O Z c c4 • 0 O (7) .0 o W as N 2 a� cg ° NEW otaE Nw ._ RI m � d O (0 m E • 0 Z n a 0- o O z• OP CN G cC.) O (n (n 1-- D O W 0N C +v Q O N E tr.c c C ,A t w c E H o < a (CO � � - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F F- w Z U D cc F' w Z U a i I- w D re EL F- w a j c C 0 0 0 0 0 0 0 0 0 0 0 N h" w N 0 O O O O O O O O O Z 0 N cc; 4 v M O O to v cn "' 1 tU M M Efl CO aD O F- O a EA EA tf} 69 Ef? to Er). Ef-? En El) N CO 0 . Ell a) N F_ w 0 o o o o o O O O O O 00 0 O O O O O O o 0 a) e' Z O ui N d ti io N N cn ' a; N (a CNI N Q' d aER co Ef3 En. LU M V CO CO-- O (M CO E O c) It 7p I 1 1 I 1- I I I I �- .3 to W >. Q)) d N :� (NI = o w c o a) r r) v cfl w co t cd c aaa E o m in Z E T c as co Z ,- E • C = 5 m COS - 'T t a. ,N Q O con ,a Z 3 o EL o ?� v E E r O O w 0 w Ell En y to o C 7Z �. E to N o o c Uwe to a N J ~ rn Q? N 0 4- Z C C a) En O m as E dlu. Z 1- a a a o D Z O p c N p 0 O 0 0 I- CI !n W a1 N C p J 0 rj d fn w N E H = 0 O , t w c0 E I- O < 0cr) - ca �' 3 w 0 (v2a a 'm i O c a � � a t O c , a) ,0 a) v 2 v n. e E E ,�,' CCI Ce a) c C c -L aTo- ... 0 � vw a w o co O. a c w y 7ZrY E N o o rx .E .E pgm Z I- 7 o a a 7 O p a V a) a O co cn H O Z c c4 • 0 O (7) .0 o W as N 2 a� cg ° NEW otaE Nw ._ RI m � d O (0 m E • 0 Z n a 0- o O z• OP CN G cC.) O (n (n 1-- D O W 0N C +v Q O N E tr.c c C ,A t w c E H o < a (CO � � - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F Specifications for Residential Street Snow Plowing and Anti-icing General: The City of Omaha is soliciting bids for residential street plowing and anti-icing. Work will be done within the Omaha city limits. Contractors shall be responsible for complete curb to curb plowing of residential streets in assigned areas. Contractors are not required to haul snow. Spreading of anti-icing material whether salt, salt/sand mixture, or other similar material may be a separate operation or in addition to a plowing operation. Contractors must demonstrate the wherewithal to provide equipment and qualified personnel to plow and spread. Snow removal occurs during a wide range of weather conditions. Weather conditions are variable and difficult to predict. Snow removal operations are difficult and hazardous. The unpredictable nature of the work environment makes strict quantitative standards difficult to enforce. Nevertheless, standards are set forth here and every attempt shall be made to comply with them. Contractors shall plow residential streets after a snowfall that produces two inches or more of snow accumulation. For snowfalls of less than four inches,. plowing shall begin at the end of the accumulating snow. For snowfalls greater than four inches, plowing shall begin once an accumulation of four inches is reached. The City shall notify the Contractor when the conditions are such that residential plowing is to begin. Plowing shall begin within one hour of notification. Plowing of all assigned areas is to be complete within 24 hours of notice to begin plowing.. Contractors shall spread anti-icing material when slick conditions develop and when called for by the City. Material shall be spread at a rate specified by the City. The rate shall be specified for each storm. The rate shall be between 100 and 500 pounds of material per lane-mile. The City will provide the material at no cost to the Contractor. • Page I 1 y 7ZrY E N o o rx .E .E pgm Z I- 7 o a a 7 O p a V a) a O co cn H O Z c c4 • 0 O (7) .0 o W as N 2 a� cg ° NEW otaE Nw ._ RI m � d O (0 m E • 0 Z n a 0- o O z• OP CN G cC.) O (n (n 1-- D O W 0N C +v Q O N E tr.c c C ,A t w c E H o < a (CO � � - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F Contractors are required to monitor weather forecasts throughout the winter contract period. Contractors shall be prepared to plow and spread within the scheduled contract times. Plowingand spreading of residential areas shall be complete within 24 hours of p g p initiation of plowing. Plowing requirements: Plowing shall begin within one hour of notice to proceed. Plowing shall be complete within 24 hours of the notice to proceed. This requirement will be waived for lengthy events, windy conditions, or snow amounts exceeding eight inches. The Contractor is required to notify the appropriate supervisor when plowing begins in each assigned area. Notification shall be by time-stamped email or person-to-person phone call. Notification may not be thru voice mail. The City will provide detailed maps of each assigned area. Maps will show all streets to be plowed and all streets that are not included in the area. The Contractor is required to familiarize himself with assigned areas. Drivers should be familiar with the limits of the areas. Drivers should be familiar with private streets that are not to be plowed and routes within each area that are plowed by the City. Payment will not be made for plowing streets that are excluded. The plowing operation shall be continuous except for reasonable breaks for meals and short rest breaks. Contractors may not halt the plowing operation to perform other snow removal work. Contractors shall plow all streets curb to curb. The cleared path shall be as close to the curb as possible. In no case shall the cleared path be more than 18" from back of curb unless parked cars or other obstructions interfere. On uncurbed streets, the edge of the travelled pavement shall be used in lieu of the curb line. Page 12 ified for each storm. The rate shall be between 100 and 500 pounds of material per lane-mile. The City will provide the material at no cost to the Contractor. • Page I 1 y 7ZrY E N o o rx .E .E pgm Z I- 7 o a a 7 O p a V a) a O co cn H O Z c c4 • 0 O (7) .0 o W as N 2 a� cg ° NEW otaE Nw ._ RI m � d O (0 m E • 0 Z n a 0- o O z• OP CN G cC.) O (n (n 1-- D O W 0N C +v Q O N E tr.c c C ,A t w c E H o < a (CO � � - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F The Contractor must plow around parked cars and return to the curb in as short a distance as the plow vehicle will allow. The Contractor shall use appropriately sized equipment in areas where on-street parking is typical. Equipment shall be maneuverable enough to plow in and out of parked cars. Where parked cars prevent a plow to pass down the street, the Contractor shall report the location to the City. Snow shall be plowed to the right at all times. Snow shall be windrowed more or less evenly along the length of the curb. Cul-de-sacs and circles are the exception to this requirement. Intersections shall be cleared of windrows. Snow shall be more or less evenly distributed along the curb line at corners. Intersections shall not be cleared diagonally or in such a manner to produce large piles of snow on sidewalks and curb ramps. Cul-de-sacs must be plowed to the curb, not pushed to the middle of the cul-de- sac. Generally snow is not evenly distributed around the cul-de-sac but is stored in one or more piles behind the curb. Snow shall not be piled over fire hydrants. Snow piles shall be located away from drives and mailboxes. Circles are city streets with center islands as shown in the below illustration. ',A' zj i.:: /a * a `? ,q t '' :1 4) -4%, '*•- • * i , - '..iik 11 T r �y�ie 1. l ' ry i, .5,,,,- `, — A '' P.,'\ i ''.,' a ,, . ',6i.::,t,: 4- ' r,`,:v 1 0 :* Fjj A$ tx fi -P" _ pq q * 4, Page 13 the curb as possible. In no case shall the cleared path be more than 18" from back of curb unless parked cars or other obstructions interfere. On uncurbed streets, the edge of the travelled pavement shall be used in lieu of the curb line. Page 12 ified for each storm. The rate shall be between 100 and 500 pounds of material per lane-mile. The City will provide the material at no cost to the Contractor. • Page I 1 y 7ZrY E N o o rx .E .E pgm Z I- 7 o a a 7 O p a V a) a O co cn H O Z c c4 • 0 O (7) .0 o W as N 2 a� cg ° NEW otaE Nw ._ RI m � d O (0 m E • 0 Z n a 0- o O z• OP CN G cC.) O (n (n 1-- D O W 0N C +v Q O N E tr.c c C ,A t w c E H o < a (CO � � - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F Payment will be by the lane-mile for circles. No additional "cul-de-sac" payment will be made for circles. Snow may be plowed to the center island in circles. Snow plow equipment shall be of sufficient size and weight to remove snow down to pavement. The completed, plowed street shall have exposed pavement and hard, packed snow that cannot be removed by plowing with the full weight of the plow resting on the pavement. After the residential area is completely plowed, the Contractor shall promptly notify the City. (It is important to notify the City as soon as possible; the City will spread anti-icing material as soon as the area is plowed.) Contractors will be provided with names, phone numbers, and email contact information so that they may communicate directly with the snow operation supervisors for the area in which they are working. Supervisors are available 24 hours per day and seven days per week. Spreading requirements: The operational requirements for plowing apply equally to spreading. The Contractor will be supplied with a known quantity of material, measured by volume or by weight. The contractor may only apply City supplied material on city streets in assigned areas. The Contractor is required to reimburse the City for. material applied to non-city streets, parking lots and other areas. The Contractor is required to reimburse the City for material that is not accounted. A 20 percent overage is allowed. If the contractor uses excess material, the cost of the material, plus 10 percent, will be deducted from his payment. Example. A contractor is to apply 200 pounds per lane mile to 50 lane miles of residential streets. This requires five (5) tons of material. With 20 percent overage, the contractor is allotted six (6) tons for the spreading operation. The contractor picks up eight (8) tons of material and returns one (1) ton after the spreading operation is complete. He has used seven (7) tons, one (1) more than Page 14 the Contractor. • Page I 1 y 7ZrY E N o o rx .E .E pgm Z I- 7 o a a 7 O p a V a) a O co cn H O Z c c4 • 0 O (7) .0 o W as N 2 a� cg ° NEW otaE Nw ._ RI m � d O (0 m E • 0 Z n a 0- o O z• OP CN G cC.) O (n (n 1-- D O W 0N C +v Q O N E tr.c c C ,A t w c E H o < a (CO � � - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F l the allotment. The cost of one (1) ton of material will be deducted from his payment. Where the Contractor is plowing and spreading, the Contractor shall spread material only after plowing is complete. Material shall not be spread on partially plowed streets. Material may be spread as a separate pass or during the last plowing pass. Truck and equipment requirements: All equipment is subject to Public Works inspection and approval. The City reserves the right to waive any of the requirements set forth herein. Successful bidders must demonstrate that they have equipment of sufficient size and weight to plow. Equipment shall. be in good condition and repair so as to perform continuously throughout a typical snow plow operation. Equipment shall be legally licensed. Equipment shall be equipped with rotating or flashing, blue and amber lights. Lights shall be in use when plowing streets. Lights shall be in compliance with Nebraska Motor Vehicle Laws. Trucks less that 15,000 GVW shall be four wheel drive. Plow weight (not including vehicle mount weight) shall be at least 800 pounds. Plow shall be equipped with a steel cutting edge one-half inch (%2") in thickness or greater. Tractors, excavators, loaders, etc. must have trip plows. Plow configurations that could potentially damage public or private property will not be permitted. Non- truck mounted plows must be capable of plowing with a down-pressure equal or greater than that achieved with an 800 pound, eight (8) foot long plow. Plow shoes, rollers, or similar devices that raise the cutting edge above the pavement are not permitted. Spreaders must be in good working order. The contractor must demonstrate the ability to meter the amount of material placed. Spreaders must be adjustable at Page 15 one (1) ton after the spreading operation is complete. He has used seven (7) tons, one (1) more than Page 14 the Contractor. • Page I 1 y 7ZrY E N o o rx .E .E pgm Z I- 7 o a a 7 O p a V a) a O co cn H O Z c c4 • 0 O (7) .0 o W as N 2 a� cg ° NEW otaE Nw ._ RI m � d O (0 m E • 0 Z n a 0- o O z• OP CN G cC.) O (n (n 1-- D O W 0N C +v Q O N E tr.c c C ,A t w c E H o < a (CO � � - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F the chute to spread material evenly across the width of the street. Spreaders must have variable speed control. Spreaders must be at least six (6) feet in length so they can be loaded by a skid loader. Spreaders must have a minimum capacity of two (2) cubic yards. The City may require the Contractor to demonstrate his spreading equipment. Equipment that cannot operate reliably and effectively would not be approved for use under this contract. The City may provide magnetic signs indicating that equipment is an official contractor working for the City of Omaha. The signs may have a vehicle identification number. If signs are provided, the Contractor is required to affix signs to vehicles working under this contract. Contract period and availability: Contractors shall be available by phone and email 24 hours per day. The notice to begin work may be issued at any time of day, any day of the week, including weekends. The City will make every attempt to notify contractors of the anticipated operational plan. The duration of this contract will be from November 1 thru April 15. Contractors shall be available to plow throughout this time period. Contractors shall monitor weather conditions throughout the contract period so as to be prepared to commence work within one hour of notice to begin. Contract requirements: Successful bidders shall provide a certificate of insurance indicating (1) adequate workers compensation; (2) public liability in an amount not less than $250,000 for injuries including accidental death to any person and subject to the same limit to each person in an amount not less than $500,000 where more than one person is involved in any one accident; and (3) property damage insurance in an amount not less than $500,000; and naming the City of Omaha an additional insured. The Contractor shall report all accidents and damage that may result from the plowing operation. Such reports shall be made by phone to the City Supervisor. Page I 6 Page I 1 y 7ZrY E N o o rx .E .E pgm Z I- 7 o a a 7 O p a V a) a O co cn H O Z c c4 • 0 O (7) .0 o W as N 2 a� cg ° NEW otaE Nw ._ RI m � d O (0 m E • 0 Z n a 0- o O z• OP CN G cC.) O (n (n 1-- D O W 0N C +v Q O N E tr.c c C ,A t w c E H o < a (CO � � - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F Contractor shall report the location where the damage occurred, the time of the incident, and a description of the damaged item (mailbox, parked car, etc.). The Contractor shall handle all damage claims in a timely and professional manner. The Contractor and his insurer shall communicate with claimants regarding the status of the claim. The City will not intercede between the Contractor and claimants. However, failure to settle claims fairly and in a timely manner may be reason to recommend against future contract awards. In the event of an accident involving another driver, the City Supervisor and the Police shall be contacted. Notifying the Public Works Supervisor does not relieve the Contractor of his obligation to legally report accidents. Successful bidders shall provide a certified check in the amount shown in Table 1 as a performance guarantee. The check shall be deposited by the City. Should the contractor fail to perform satisfactorily under the residential snow plowing contract, the City shall keep the deposited funds as compensation for the damages resulting from failure to provide snow plowing and anti-icing services. Contractors are required to comply with all local, state, and federal regulations. The City will not provide oversight, supervision or monitoring of the contractor's employees. The City's contractual obligation is to pay for completed, plowed residential areas. The City only will pay for completed work. Partial payment will be made for work that is halted due to weather conditions that eliminate the need for plowing and spreading, e.g., warm temperatures and sun begin melting snow at such a rate that residential plowing is cancelled. Payment will be based on completed lane miles of street. Work on an hourly rate: The City has the sole discretion to initiate an operation that utilizes the contract work force in such a way that work cannot be measured and paid for on the basis of inches of snow per lane mile. Typically, payment for plowing will be on an hourly basis during blizzard conditions and extended snowfalls. Page 17 pgm Z I- 7 o a a 7 O p a V a) a O co cn H O Z c c4 • 0 O (7) .0 o W as N 2 a� cg ° NEW otaE Nw ._ RI m � d O (0 m E • 0 Z n a 0- o O z• OP CN G cC.) O (n (n 1-- D O W 0N C +v Q O N E tr.c c C ,A t w c E H o < a (CO � � - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F Hourly rates are based on the size of the plow truck. The following schedule will be used. Bidders agree to the reimbursement rates as listed below. Hourly Rates for Plow Trucks and Spreaders Pickups - Less than 1 ton $68.00 per hour Pickups - 1 ton and larger $75.00 per hour Trucks - 16,000-20,000 GVW $97.00 per hour Trucks - 20,000-35,000 GVW $111.00 per hour Trucks - Over 35,000 GVW $125.00 per hour The rates are based on the latest FEMA Schedule of Equipment Rates. The rates listed above include labor and profit. For equipment other than the pickups and trucks listed above, the rate shall be developed using the same procedure. Payment and performance guarantee: Payment is made for a residential area when it is plowed in its entirety. The payment is the agreed upon number of lane miles times the bid unit price for the actual depth of snow. For example, if the residential area contains 20 lane miles and the contract unit price for 2 to 4 inches of snow is $20.00, the Contractor would be paid $400.00 for satisfactorily plowing the area. Additional payment is made for each cul-de-sac. Payment is in addition to the lane miles calculated based on the length from the intersection of the cul-de-sac street with the intersecting street, to the center of the circle. A standard cul-de-sac is show below. Payment for this cul-de-sac would be based on 256 feet of two-lane street plus payment at the contract unit price for clearing a cul-de-sac. Page 18 k that is halted due to weather conditions that eliminate the need for plowing and spreading, e.g., warm temperatures and sun begin melting snow at such a rate that residential plowing is cancelled. Payment will be based on completed lane miles of street. Work on an hourly rate: The City has the sole discretion to initiate an operation that utilizes the contract work force in such a way that work cannot be measured and paid for on the basis of inches of snow per lane mile. Typically, payment for plowing will be on an hourly basis during blizzard conditions and extended snowfalls. Page 17 pgm Z I- 7 o a a 7 O p a V a) a O co cn H O Z c c4 • 0 O (7) .0 o W as N 2 a� cg ° NEW otaE Nw ._ RI m � d O (0 m E • 0 Z n a 0- o O z• OP CN G cC.) O (n (n 1-- D O W 0N C +v Q O N E tr.c c C ,A t w c E H o < a (CO � � - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • h 1 .4 • ti 258'. Ork • There are also bubble cul-de-sacs in some neighborhoods. These are as shown: 75. 1, k Payment for this cul-de-sac would be based on 75 feet of six lane street plus payment at the contract unit price for clearing a cul-de-sac. Alleys may be included as part of the lane mileage within an area. Alleys shall be cleared to a minimum width of 15 feet. Alleys may be plowed to the right, left, or both sides if conditions warrant. The City may halt the snow operation. This can be done at the City's sole discretion if weather and road conditions warrant. Payment will be made based on the mutually agreed upon percentage of completed area. Successful bidders will provide a certified check made out to the City of Omaha as a performance guarantee. This will be held in the City's account until the end of Page 19 nd the contract unit price for 2 to 4 inches of snow is $20.00, the Contractor would be paid $400.00 for satisfactorily plowing the area. Additional payment is made for each cul-de-sac. Payment is in addition to the lane miles calculated based on the length from the intersection of the cul-de-sac street with the intersecting street, to the center of the circle. A standard cul-de-sac is show below. Payment for this cul-de-sac would be based on 256 feet of two-lane street plus payment at the contract unit price for clearing a cul-de-sac. Page 18 k that is halted due to weather conditions that eliminate the need for plowing and spreading, e.g., warm temperatures and sun begin melting snow at such a rate that residential plowing is cancelled. Payment will be based on completed lane miles of street. Work on an hourly rate: The City has the sole discretion to initiate an operation that utilizes the contract work force in such a way that work cannot be measured and paid for on the basis of inches of snow per lane mile. Typically, payment for plowing will be on an hourly basis during blizzard conditions and extended snowfalls. Page 17 pgm Z I- 7 o a a 7 O p a V a) a O co cn H O Z c c4 • 0 O (7) .0 o W as N 2 a� cg ° NEW otaE Nw ._ RI m � d O (0 m E • 0 Z n a 0- o O z• OP CN G cC.) O (n (n 1-- D O W 0N C +v Q O N E tr.c c C ,A t w c E H o < a (CO � � - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F the contract period. The performance guarantee funds will be forfeited as liquidated damages for administrative costs, alternate performance and delay to the public (not for physical damage or injury) if the Contractor is grossly negligent in the performance of the contract. Gross negligence as the term is used herein includes but is not limited to: failure to plow when notified, a significant percentage of plowing that substantially fails to meet standards, excessive damage to private property, and failure to notify the City of start and completion times. The amount of the certified performance guarantee check is based on the number of areas assigned to the contractor as follows: Table 1 - Guarantee Amount Number of Residential Areas Guarantee Amount 1-2 $500.00 3-4 $1000.00 5-9 $2000.00 10+ areas and part thereof $4000.00 For example, if a contractor is awarded 10 areas, he shall provide a guarantee check of $4,000.00. For 11 thru 20 areas, he shall provide a guarantee check of $8,000.00. This guarantee check must be delivered to the City before a contract will be awarded. Instructions to bidders: Contractors shall be paid based on the total accumulation of snow for each snow event as measured at 96th & F Street using NOAA approved methodology. Payment shall be made for plowing 2 — 3"; 3 — 4"; 4 — 6"; 6 — 8"; 8 — 10". For larger storms and blizzard conditions, the hourly rate shall be used. Bidders may submit bids for spreading anti-icing material. Bids without spreading work will be accepted. Bidders who propose to spread anti-icing material shall Page 110 Payment will be based on completed lane miles of street. Work on an hourly rate: The City has the sole discretion to initiate an operation that utilizes the contract work force in such a way that work cannot be measured and paid for on the basis of inches of snow per lane mile. Typically, payment for plowing will be on an hourly basis during blizzard conditions and extended snowfalls. Page 17 pgm Z I- 7 o a a 7 O p a V a) a O co cn H O Z c c4 • 0 O (7) .0 o W as N 2 a� cg ° NEW otaE Nw ._ RI m � d O (0 m E • 0 Z n a 0- o O z• OP CN G cC.) O (n (n 1-- D O W 0N C +v Q O N E tr.c c C ,A t w c E H o < a (CO � � - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 1 submit two spreading bids. One bid is for spreading areas that have been plowed. This unit price will be paid in addition to the price for plowing. The other bid is for spreading only. Bidders may submit prices at a minimum for one district and cul-de-sac's. Payment for cul-de-sacs is in addition to payment for plowing per lane mile. Bids must be for all ranges of snow depth and hourly rates. The City will not accept incomplete bids. In other words, bids will not be accepted for either just the low range of snow events or just the high range. Bidders are expected to plow after and during all types of snow events, including severe and blizzard conditions. The unit price bid for each district and each range of snowfall is complete compensation for plowing one (1) lane mile of residential street in accordance with this document and for all labor, fuel, material (except salt and sand provided to contract spreaders), equipment costs, operating expenses, incidentals, overhead and profit. The unit price for each hourly rate in each district is complete compensation for plowingresidential streets for one hour in accordance with this document and for all labor, fuel, material (except salt and sand provided to contract spreaders), equipment costs, operating expenses, incidentals, overhead and profit. The unit price bid for cul-de-sacs and each range of snowfall is complete compensation for plowing one (1) cul-de-sac in accordance with this document and for all labor, fuel, material, equipment costs, operating expenses, incidentals, overhead and profit. Contractors will be awarded a contract for one or more residential areas. Residential areas vary in size and in the lane-miles of streets contained therein. Where two or more areas are awarded to a Contractor, the City will attempt to award adjacent areas. Throughout the course of this contract, the City may, with the agreement of the Contractor, adjust the number of areas assigned to a particular Contractor. Page 111 an hourly basis during blizzard conditions and extended snowfalls. Page 17 pgm Z I- 7 o a a 7 O p a V a) a O co cn H O Z c c4 • 0 O (7) .0 o W as N 2 a� cg ° NEW otaE Nw ._ RI m � d O (0 m E • 0 Z n a 0- o O z• OP CN G cC.) O (n (n 1-- D O W 0N C +v Q O N E tr.c c C ,A t w c E H o < a (CO � � - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F Multiple contracts will be awarded. Contracts will be awarded to lowest and best bidders. Contractors are to request the quantity of work they wish to undertake. Contractors must demonstrate that they possess the equipment and personnel to complete plowing in assigned areas within the time permitted. The minimum number of lane miles that will be assigned is 20. The City has sole discretion to assign a quantity of residential areas to a Contractor as is in the best interests of the City. The City may award more or fewer lane miles than requested. Bidders are required to familiarize themselves with work areas. In addition to the unit price bids, contractors must provide a list of equipment, including rented equipment, they will use under this contract. The contractor shall provide a work plan listing the personnel who will operate the equipment. Request for Bid — Residential Street Plowing Snow Plowing Cost per lane mile Inches of Snow 2„ _ 3„ 3" - 4" 4" - 6" 6" - 8" 8" - 10" District 1 District 2 District 3 District 4 District 5 Cul-de-Sac's Pagel 12 al streets for one hour in accordance with this document and for all labor, fuel, material (except salt and sand provided to contract spreaders), equipment costs, operating expenses, incidentals, overhead and profit. The unit price bid for cul-de-sacs and each range of snowfall is complete compensation for plowing one (1) cul-de-sac in accordance with this document and for all labor, fuel, material, equipment costs, operating expenses, incidentals, overhead and profit. Contractors will be awarded a contract for one or more residential areas. Residential areas vary in size and in the lane-miles of streets contained therein. Where two or more areas are awarded to a Contractor, the City will attempt to award adjacent areas. Throughout the course of this contract, the City may, with the agreement of the Contractor, adjust the number of areas assigned to a particular Contractor. Page 111 an hourly basis during blizzard conditions and extended snowfalls. Page 17 pgm Z I- 7 o a a 7 O p a V a) a O co cn H O Z c c4 • 0 O (7) .0 o W as N 2 a� cg ° NEW otaE Nw ._ RI m � d O (0 m E • 0 Z n a 0- o O z• OP CN G cC.) O (n (n 1-- D O W 0N C +v Q O N E tr.c c C ,A t w c E H o < a (CO � � - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F Bids for spreading anti-icing material are optional. Spreading Cost per lane mile - while plowing: Spreading Cost per lane mile - spreading only: Total miles of Residential Street Plowing requested: Page 113 -O'� Title 1�=LC-0— .p...As—,41). The equipment offered meets all specifications with the following exceptions: (Use separate attached sheet if more room is needed.) Failure to list exceptions may be cause for equipment to be rejected at time of delivery Name (print) Oat Signed A/t/frfh Title U Lea - C? O rr•: N `<nO z O O n CD O q �. 5- r . V 3 • ••• .•L , ,,,,c. • : f. ; ,. ,• .. ,,..„ •• . • V' . 1 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on August 22, 2012, to furnish residential street snow plowing services within the City of Omaha for the 2012-2013 winter season; and, WHEREAS, the following contractors submitted the lowest and best bids,within bid specifications, which are attached hereto and made a part hereof: Elkhorn Lawn Care, Pond Pros, C&S Roofing, Inc., Dana Enterprises, Inc., Thorson Brothers Lawn Care, Blademasters, Alexander Lawns, Action Demolition, Josh Tedders Construction, Inc., Hardscapes Contractors LLC, BladeMasters Ground Maintenance, Inc., Choppers Lawn Service, DPS LLC, DIY Holding Company LLC, JC Construction, Nebraska's Best Lawn and Landscape, Goslin Contracting, Inc., Precision Enterprises, Inc., First Choice Builders Consulting LLC, Neon Green, JSW Contractors LLC, and Affordable Construction. WHEREAS, the said bidders have complied with the City's Contract Compliance Ordinance No. 28885 in relation to civil rights-human relations; and, WHEREAS, the Mayor and the Public Works Department have recommended acceptance of these bids and approval of the attached proposed contracts for residential street snow plowing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the proposed contracts with Elkhorn Lawn Care, Pond Pros, C&S Roofing, Inc., Dana Enterprises, Inc., Thorson Brothers Lawn Care, Blademasters, Alexander Lawns, Action Demolition, Josh Tedders Construction, Inc., Hardscapes Contractors LLC, BladeMasters Ground Maintenance, Inc., Choppers Lawn Service, DPS LLC, DIY Holding Company LLC, JC Construction, Nebraska's Best Lawn and Landscape, Goslin Contracting, Inc., Precision Enterprises, Inc., First Choice Builders Consulting LLC, Neon Green, JSW Contractors LLC, and Affordable Construction to furnish residential street snow plowing services within the City of Omaha for the 2012-2013 winter season, are hereby accepted; and, the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Snow and Ice Control Organization 116154, year 2012 expenditures. 8412scp ; • APPROVED AS TO FORM: By a cilmember ;..21 Adopted aw Oj ...1...6..2.0 6—C ITY ATTORNEY DATE .� 'ty.C1erk,/U /8// Approved Mayor - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F . - . .. i • _ . 1 'CS•--, 0 ,--, A) AD 81'Ci (..) (-) to .-o t-, C4 C) t) (•-) ri:i ? " 7zi ,r, x0 . 0 — 00z -t - t. cp -tp0 2 F, 0 ' , 0 ,-0F) pzi f:).•0 c:i 5,- . c4 " ¢7., c72• - ,. 8. 6 ,9- 0 -6 ,.8 0 ,.. CD I .01., 0 ri• 0 5 p.), r.4 -• r- ,.. 0 fa. 2 -• to ,,, p 0 ,, -• 0 0, N aL C1) cm 0 p n .. — — • .-z1 o.. -, a- ,. ,>. ,..,,--,- -- .-. 0 ,. IN) 0 8- • o ,,'12)t 6' ID D CID 1-t ' ,-•- , c1) o " ci) 0041 .6' w - '7:3 En 0 a < a p CID o• t-, ,i 0 0-1-cs p. t&.) F," 8- cn 1-La c•4 ,4- n ; — ,-t CD Cr 4.< Z • %1:1 '.t C) ,,,,, o CD PD ,-- ‘< '—' C4 t't L7'..-'•'-': 0t., (-IPIPs' -• - 0- CD io, 0 0 ) 0 AD I-3 ,u) . .-'• •-•• -. c) 64 0 s) -_, c) 5_0 „,.(1) ..,H g. , {..,.. c-) a NP c4 • ,.. ,•-t-_, cn - ..-.1 ",t t7-1 ,-.'• ,--7' I---, 1.--1 c••6 CD .....CD .1 C.'s P.,*t t::%4• ' h 5 CZ) ,..+. cn •• 0-' - •".•-• CD t-4 CA 0 0 tli sa, ttj t.... CON.) ,..3 .., al .V) c , Ch ts•J " vaii n 1— 1— ' 0 • o .- w F-1,: w r -, 5- .) 0 (A VS ". ,..04 0.• ;jj . rri •-t , „ 0 H-1 g :ID 0 0 , ..p. 1.-, •-, CD ,-• ,.'. ,.... ". AD c4 ,.1-_-' hal •,..t, S -0 P P 0 f-4- > l't .-1- -• vs cp CI. •-••• " p r) `• C/D C4 ,-s ,.+, ,-t e+, 0 0 CD n.., 0 .5 ,c, v, ,, P . ‘,.._.. CD 0 pt " CD (1) H') CD GC? CA. 0 En 0 c•C ,f4 ° 0 o- o -t•c° ,9P (-) 4 ..z > 0(-) 0 51-, 00 ,-, -4, 0 IN) 0., Pa CA—•''' SID ('--D '' CD .: 0 ''•C 0 VI j. 0 g A) ..- CD:- • , .,---- '4:,`e•'''' r, (--- .,,,,-.. ,f,-'e'l;,..::.-1,•1‘,,-41±„.;',1,,,3 4i. ,lA .jL',' :,,j.,:'',,;', &;:‘''. ,—,.. ' i. . r ' • • . . „ . /8// Approved Mayor - - - - H Z C c a) alEi Q V GU 0 Cho N E m H 2 OI u.0Z N 3 aa. QQ O z liG 0a G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F