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RES 2012-0077 - Preplat, Batchelder Hills V)ISV2J83N 'AINf}00 SViof}00 'VHVWO (� }off) SIIIH a3a�3NO1V8 IVld r i i woo Ouse a1 MMM S 1VIJOSSVS' o 1 aVNlwn3ad 3�� � d1869Z'969'Z09 OOl 1�5 peoyaBpop�se%gOeLO NOSI3V3NA8 dWV1 1r o �I m — • i. a EXHIBIT "A" Page . I of_,__i_... LI f.=' •' '= Q og.b° B° 8-- $ g.q 6 ON o -14 g o o g - V°h 1LI 8a"lIl s = �_N;EWE s'o aG,'.,42 No --. e2 e� ¢ uos Y E.„ „ X — Ci W olli 9 'F_ mig$S $ 4 b $ t'�z gDII • wasZL Z NI i 0 (n '42, , J �, p L O 2O aZ Z .3 T W m�P i W JNO E. _•`Y„ o tt_ W =,5 , tt h- o$° z n b W5 .... o a$ ;n _ .3 a H1 ;off -ho � m U =o� � tNI "a`.t �<L °. EOM 0 14611•190d,99 X W C Q 1eeJ7s ';99 a a 0.'L2 V' :0 ,, N i . a§ m ml in 8 8 III 1 111 N® SPY III 1 W Nam.'.2 :1111*. �l.^'\Tn o Q� I a .0 ,olz ; Pa S `. ,00'Lzz ,,z a a M„SS,S 1.00N NO.g wEL S. N 0,6 s1 w ' L W3 a ; 9 W S 1 I • a .n.mm 9 uo.w.wa'.n'1:1....MG'rid VI:ro'l 11ouis i.W ooldololollaavn.+o's1olo,N. s ENGINEERING•PLANNING•FIELD SERVICES COVER SHEET 2011 PARK IMPROVEMENT PLANS cr•..se. oowuscaxm.,<ews«A NaM,402,. ..,. • ,000.00 and extending the period to September 30, 2012; and, By Councilmember Adopted City Clerk Approved Mayor The recipient shall periodically 'review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item.5(b)and (c) above. (e) Recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at httri://www.dol.cioviesa/contacts/whd/america2.htm e clause set forth in paragraph (b)(2)of this section. (4)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(b)(1) through (4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(b)(1)through (4)of this section. (c) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Recipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen,working on the contract. Such records shall contain the name and address of each such employee, social security • number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit, such representatives to interview employees during working hours on the job. 5. Compliance Verification (a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing a)(1). rentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed ontractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Recipient for transmission to • the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Exhibit"B" Conditions: 1. Obtaining NDEQ approval of on-site wastewater treatment systems for the proposed lot. 2. Placement of a note on the final plat indicating that any future activities on the site will comply with the North Hills Environmental Overlay District regulations of the Omaha Municipal Code. P1n2409ece I <t •N I. N � N 1N Q1_ 0 - w a 0 O 5N p CD x CD Cn CD o Q.Y' CD n o 0 \f o ° + g & o �T.0 - c • - o .— § pa w e o o § \ § kk .(1.. ( R \ * & & I CD _ . ; CI \ 15.Total EPA Amount Awarded To Date $4,999,056 � ITY COUNCIL DOCUMENTS\2011\30142dIm c-25a CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska January 24, 2012 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,preliminary plat entitled BATCHELDER HILLS,located,Northwest of c 66th and State Streets, attached hereto and made a part hereof as Exhibit"A",has been approved by the City of Omaha Planning Board,along with the conditions set out in Exhibit"B" attached hereto and made a part hereof; and, WHEREAS,Section 53-6 of the Omaha Municipal Code requires the submission of preliminary plats to the City Council for its consideration; and, WHEREAS,the acceptance of this preliminary plat is tentative in nature and does not constitute or require approval of the final plat of this subdivision. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the preliminary plat entitled BATCHELDER HILLS, located Northwest of 66th and State Streets,along with the attached conditions,is hereby accepted;and,the preparation of the final plat of this subdivision is hereby authorized. APPROVED AS TO FORM: 1 2Z14 7/- ,,, OGITY ATTORNEY DATE P1n2407ece B y C nc lmember Adopted LI . . ..2:.4..20 2 'l.-"a C' Clerk// %z v n Approved / //� ., / Mayor m ml in 8 8 III 1 111 N® SPY III 1 W Nam.'.2 :1111*. �l.^'\Tn o Q� I a .0 ,olz ; Pa S `. ,00'Lzz ,,z a a M„SS,S 1.00N NO.g wEL S. N 0,6 s1 w ' L W3 a ; 9 W S 1 I • a .n.mm 9 uo.w.wa'.n'1:1....MG'rid VI:ro'l 11ouis i.W ooldololollaavn.+o's1olo,N. s ENGINEERING•PLANNING•FIELD SERVICES COVER SHEET 2011 PARK IMPROVEMENT PLANS cr•..se. oowuscaxm.,<ews«A NaM,402,. ..,. • ,000.00 and extending the period to September 30, 2012; and, By Councilmember Adopted City Clerk Approved Mayor The recipient shall periodically 'review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item.5(b)and (c) above. (e) Recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at httri://www.dol.cioviesa/contacts/whd/america2.htm e clause set forth in paragraph (b)(2)of this section. (4)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(b)(1) through (4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(b)(1)through (4)of this section. (c) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Recipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen,working on the contract. Such records shall contain the name and address of each such employee, social security • number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit, such representatives to interview employees during working hours on the job. 5. Compliance Verification (a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing a)(1). rentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed ontractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Recipient for transmission to • the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc � , obd 7�E rn acn 7y(I) cn. o n o cu �* o..' .-i, v,-. cD d5' � Z ab o_ 0z O N N Z ]y. O C/] d u CD O (- Po� •o 4'• n ' 0 CD Q- rr, o- • f.,,,. - 41i t CD Cn CD o Q.Y' CD n o 0 \f o ° + g & o �T.0 - c • - o .— § pa w e o o § \ § kk .(1.. ( R \ * & & I CD _ . ; CI \ 15.Total EPA Amount Awarded To Date $4,999,056 � ITY COUNCIL DOCUMENTS\2011\30142dIm