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RES 2011-1494 - Amendment to agmt with Tetra Tech Inc for 26th and Corby sewer separation project, OPW 51778 , Oi OMAHA NF6 �`A.,-- � � Public Works Departmentterivl� x kw 1 rt►,_•. Omaha Douglas Civic Center r. ® r1 '.�f � December 13, 2011 � �a� w, t. 1819 Farnam Street,Suite 601 o' a� " d' Omaha,Nebraska 68183-0601 °A,tT J��`ro *'; (402)444 5220 FD FEal `t : , .j i a Fax(402)444-5248 4 City of Omaha �r y R Robert G.Stubbe,P.E. Jim Suttle,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving Amendment No. 1 to an Engineering Services Agreement with Tetra Tech, Inc. to provide additional professional design engineering services for the 26th & Corby Sewer Separation Project, known as Project OPW 51778. The original Engineering Services Agreement with Tetra Tech, Inc. was approved by Council Resolution No. 432 on April 13, 2010. The attached Amendment No. 1 to the Agreement authorizes Tetra Tech, Inc. to provide additional final design and bid phase services. The exact scope of services is included in Exhibit B of the attached Amendment. Approval of this Agreement will serve as authorization of Tetra Tech, Inc. to proceed with the work. Tetra Tech, Inc. has agreed to perform the services detailed in Exhibit C of the attached Amendment for a fee not to exceed $1,393,292 , which is payable from the Sewer Revenue Improvement Fund 21124, CSO Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. Tetra Tech, Inc. has filed the required Annual Contract Compliance Report, Form, CC-1, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Amendment to the Engineering Agreement. Respectfully submitted, Referred to City Council for Consideration: //—ZSf/ x) 1- ; 1 Leo>10.1k I)I3b ) / f. Ro ert G. Stub e, P.E. Date Mayor's Office Date Public Works Director Approved as to Funding: Approved: �l R //- r� < J2Jtii 3)hi rp Pam Spaccarotella Date Human Rights and Relations Date Finance Director Depaititient 1320htp 1 ance for twelve (12) erosion and sediment control measures.The new design guidance sections will replace the existing design guidance,if any, of control measures in Chapter 9.The twelve (12)new design guidance sections will include a general description, general application,advantages/disadvantages, design requirements, design tables,figures,and references. The twelve (12) erosion and sediment control measures will be determined by the CITY during Technical Review Meeting (Task 103). Inclusion of additional erosion and sediment control will required a supplemental agreement to this scope. COM B-3 C:\Seuer\Projects\Omaha BMP Manual\BudgeSAmendment\Exhibit B Scope of Services_final.doc w comments and additions described in Task 202 and 203 described above. CDM B-2 C:\Sauer\Projects\Omaha BMP Manual BudgetWnendment\Exhibit B Scope of Services final.doc 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 AMENDMENT NO. 1 TO THE AGREEMENT FOR ENGINEERING SERVICES FOR OPW 51778 -26TH & CORBY SEWER SEPARATION PROJECT The Professional Services Agreement between the City of Omaha,Nebraska(OWNER)and Tetra Tech,Inc. (ENGINEER)dated April 13,2010 for professional services to provide final design services is hereby amended as follows: PROJECT is defined as final design engineering and bidding services for the 26th and Corby. Phase I Sewer Separation Project as described in the Basis of Design Technical Memorandum, September 2011), by Tetra Tech. A detailed description of the scope of work and services to be performed is listed in Exhibit B. In summary, this amendment incorporates additional services for final design and bid phase services for the sewer separation for the 26th & Corby Phase 1 Sewer Separation Project (CSO)based on the preliminary design completed for the project. Compensation for the services in the Amendment shall be on an hourly basis as outlined in Section IV of the April 13, 2010 agreement. The estimated costs for this additional work are shown in Exhibit C. The maximum amount for the services covered by this amendment shall not exceed one million three hundred ninety three thousand two hundred ninety two Dollars ($1,393,292)without prior written authorization by the City of Omaha. This amendment does not change any of the provisions of the original contract. In accordancwith the provisions of the April 13, 2010 Agreement, this Amendment is executed on t)etewetr /5 2011. "OWNER" "ENGINEER" CITY OF OMAHA,NEBRASKA Tetra Tech, Inc. Omaha/Douglas Civic Center 12120 Port Grace Blvd, Suite 102 1819 Farnam St., Suite 601 Omaha,NE 68128 Omaha,NE 68183 It, ���,. /61// ayo John T.Killips,Sr.Project Manager ATTEST: APPROVED AS TO FORM: a../&r,er. Clerk Deputy City Attorney 1 Resolution and Amendment to the Engineering Agreement. Respectfully submitted, Referred to City Council for Consideration: //—ZSf/ x) 1- ; 1 Leo>10.1k I)I3b ) / f. Ro ert G. Stub e, P.E. Date Mayor's Office Date Public Works Director Approved as to Funding: Approved: �l R //- r� < J2Jtii 3)hi rp Pam Spaccarotella Date Human Rights and Relations Date Finance Director Depaititient 1320htp 1 ance for twelve (12) erosion and sediment control measures.The new design guidance sections will replace the existing design guidance,if any, of control measures in Chapter 9.The twelve (12)new design guidance sections will include a general description, general application,advantages/disadvantages, design requirements, design tables,figures,and references. The twelve (12) erosion and sediment control measures will be determined by the CITY during Technical Review Meeting (Task 103). Inclusion of additional erosion and sediment control will required a supplemental agreement to this scope. COM B-3 C:\Seuer\Projects\Omaha BMP Manual\BudgeSAmendment\Exhibit B Scope of Services_final.doc w comments and additions described in Task 202 and 203 described above. CDM B-2 C:\Sauer\Projects\Omaha BMP Manual BudgetWnendment\Exhibit B Scope of Services final.doc 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 EXHIBIT "A" RESERVED 2 �. cD cDw cp I 1 cu 1 cv C•,., �n i OCD 'C �' O aQ'b OCD. ; b � ° v' � z cD 0 G c~�i oo CD cr MI' N . ° O •ri ,rt 0 iP+ `< o ° fir.' a C7 . N Q. - p -• N n n v°i co p o ,• � � � O0 ° _ y ° biZt W \ ° t\o °O• ° 0 Cr ,n• ° fp CD ONO -- o N O O C°D °• 1,s \ ...► n W ° to (ND co p, CD ,-. = N C/) Q CD cn rr N 2HIUUI cu ?,'. ?y. `°� ,_,, '- �'—'• A 41D0 '-, .°1 '° p CD t ' -, CCDD `.3 0 CD A)CD ' ,C N maha p:\LAW-COUNCIL DOCUMENTS\2011\20073vIj 1 A EXHIBIT "B" SCOPE OF SERVICES AMENDMENT NO. 1 OPW 51778 26th & Corby Phase 1 Sewer Separation (CSO) ENGINEER shall provide final engineering design and bidding assistance to the CITY as outlined in the task descriptions described herein. Final design shall be based on the recently completed preliminary(30%) design plans and the Basis of Design Report, as approved by the CITY, along with all field investigations results and utility coordination information. An additional amendment may be prepared if services during construction, construction inspection and administration services are needed, as determined by the CITY. The PROJECT area shall be defined as the"Phase 1 Area" identified in the Basis of Design Report dated September 2011. This area consists of approximately 266 acres and is generally bounded by Lake Street to the south, Sprague Street to the north, 16th Street to the east, and 24th Street to the west. This area is shown in the attached Figure 1. Engineer shall perform the final engineering design services in accordance with CITY and CSO Program Plans, Protocols, Procedures, Standards, and Guidance Documents. These documents can be found on the CSO Web Portal in the following location: • http://www.omahacsopt.com/projects/Sha red%20Documents/Forms/Document%20Group.as px The following documents are hereby included in this Scope of Services by reference: Document Name • Document Date PLANS Combined Sewer Overflow Control Program Quality Management Plan 05/26/2010 Risk Management Plan 04/12/2010 PROTOCOLS Environmental Plan 12/11/2009 Sewer Separation Protocol Rev. 0.01 Updated 07/30/2010 PROCEDURES City of Omaha Manhole and Lamping Inspection Procedure Revision 2 Updated 03/04/2011 Design Phase Procedures Updated 07/23/2010 City of Omaha Pipeline Inspection Procedure Using Closed Circuit Television Updated 03/04/2011 Revision 2 Public Information Procedure for CSO and RNC Projects Updated 05/09/2011 ROW Management and Property Acquisition Procedure for(Non-Federal) Updated 09/16/2010 Projects 3 ublic Works Director Approved as to Funding: Approved: �l R //- r� < J2Jtii 3)hi rp Pam Spaccarotella Date Human Rights and Relations Date Finance Director Depaititient 1320htp 1 ance for twelve (12) erosion and sediment control measures.The new design guidance sections will replace the existing design guidance,if any, of control measures in Chapter 9.The twelve (12)new design guidance sections will include a general description, general application,advantages/disadvantages, design requirements, design tables,figures,and references. The twelve (12) erosion and sediment control measures will be determined by the CITY during Technical Review Meeting (Task 103). Inclusion of additional erosion and sediment control will required a supplemental agreement to this scope. COM B-3 C:\Seuer\Projects\Omaha BMP Manual\BudgeSAmendment\Exhibit B Scope of Services_final.doc w comments and additions described in Task 202 and 203 described above. CDM B-2 C:\Sauer\Projects\Omaha BMP Manual BudgetWnendment\Exhibit B Scope of Services final.doc 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 Geotechnical Investigations Procedure for Sewer Separation Projects Updated 06/30/2010 City of Omaha Smoke and Dye Testing Procedure(Revision 2) Updated 03/04/2011 Utility Coordination Procedure I Updated 08/17/2011 STANDARDS 03/15/2010 Omaha CSO Program CAD Standards with Update 04/26/2010 With 04/26/2010 Update InfoWorks Modeling Standard Updated 06/24/2010 Public Works Department Design Division Surveying Proposals Guidelines for 103/04/2011 Preparation and Presentation City of Omaha Regional Stormwater Design Manual April 2006 GUIDANCE DOCUMENTS Draft Deliverable Guidance Document Updated 10/20/2011 Sewer Separation Cost Estimate Template Guidance Updated 06/04/2010 Omaha Green Solutions Site Suitability Assessment and BMP Selection 12/21/2009 Process Guidance Document Private Property Investigation Guidance Updated 07/12/2010 Sanitary Sewer.Design Basis and Methodology Guidance Updated 06/27/2010 Storm Sewer Design Basis and Methodology Guidance Updated 06/27/2010 Sustainability Guidance Updated 01/04/2011 Urban Design Review Board Guidance • Updated 12/20/2010 Notes: 1. Any documents listed above may be updated during the duration of the project. In the event that a change is made to a document that affects the scope of work included herein, a contract change may be required. 2. City of Omaha Standard Specifications and Plates shall be used unless special conditions require modification. Modifications are to be approved by the CITY. 3. Preliminary (30%) design activities were completed using guidance document versions as identified in the Preliminary Design Scope of Work dated February 24, 2010. 4 Updated 07/23/2010 City of Omaha Pipeline Inspection Procedure Using Closed Circuit Television Updated 03/04/2011 Revision 2 Public Information Procedure for CSO and RNC Projects Updated 05/09/2011 ROW Management and Property Acquisition Procedure for(Non-Federal) Updated 09/16/2010 Projects 3 ublic Works Director Approved as to Funding: Approved: �l R //- r� < J2Jtii 3)hi rp Pam Spaccarotella Date Human Rights and Relations Date Finance Director Depaititient 1320htp 1 ance for twelve (12) erosion and sediment control measures.The new design guidance sections will replace the existing design guidance,if any, of control measures in Chapter 9.The twelve (12)new design guidance sections will include a general description, general application,advantages/disadvantages, design requirements, design tables,figures,and references. The twelve (12) erosion and sediment control measures will be determined by the CITY during Technical Review Meeting (Task 103). Inclusion of additional erosion and sediment control will required a supplemental agreement to this scope. COM B-3 C:\Seuer\Projects\Omaha BMP Manual\BudgeSAmendment\Exhibit B Scope of Services_final.doc w comments and additions described in Task 202 and 203 described above. CDM B-2 C:\Sauer\Projects\Omaha BMP Manual BudgetWnendment\Exhibit B Scope of Services final.doc 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 TASK 1 - PROJECT MANAGEMENT Objective: Provide for the overall project management and administration, project coordination, public involvement and neighborhood coordination throughout the duration of the PROJECT. Deliverables: Update Project Execution Plan; Certification of a Project Health and Safety Plan; Quality Control Plan; monthly invoices; monthly progress reports; e-mail • progress updates every two weeks; monthly schedule updates; progress meeting and other meeting minutes. Scope: 1.1. Project Management and Administration. ENGINEER to provide project management and administrative activities including: 1.1.1. Project Management and Administration. ENGINEER shall monitor progress and schedule and facilitate coordination of the PROJECT design elements; Prepare monthly invoicing with estimated percentage of work complete by contract task; prepare monthly progress reports; scope, schedule, and budget tracking; provide staffing management and contract administration; maintain communication with PMT; maintain Quality Control;provide monthly PROJECT schedule updates; If not on schedule or budget, explain reasons for deviations and mitigation plan to rectify. File project documents on the Project page of the Program Web Portal. 1.1.2. Quality Control Plan (QCP). ENGINEER will review and update the existing QCP prepared as part of the preliminary design. QCP will be updated in accordance with the CSO Program Quality Management Plan (QMP). QCP should address field data QC as required in Field Services Procedures. Maintain QCP throughout the duration of the project. 1.1.3. Project Health and Safety Plan (HSP). The ENGINEER is responsible for the health and safety of its employees and confirming that ENGINEER's subcontractors have a good understanding of all PROJECT health and safety requirements. The CITY and PMT put a high value on the safety of all personnel working on delivery of the CSO Program. ENGINEER will review and update the project specific HSP prepared as part of preliminary design. It will address safety in the office, site visits, and field investigations, shall include OWNER and PMT requirements and shall be consistent with the CSO Program Protocols. 1.1.4. Updated Project Execution Plan (PEP). ENGINEER will update the PEP that was created during preliminary design with all relevant final design information. 1.1.5. Initial Project Kickoff Meeting. ENGINEER will conduct the initial project kickoff meeting with PMT in conjunction with a regular progress meeting. The purpose of the meeting will be to review the project approach, PEP, project goals/objectives and preliminary design; establish project communication procedures; and establish the project schedule. ENGINEER 5 eeting (Task 103). Inclusion of additional erosion and sediment control will required a supplemental agreement to this scope. COM B-3 C:\Seuer\Projects\Omaha BMP Manual\BudgeSAmendment\Exhibit B Scope of Services_final.doc w comments and additions described in Task 202 and 203 described above. CDM B-2 C:\Sauer\Projects\Omaha BMP Manual BudgetWnendment\Exhibit B Scope of Services final.doc 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 will prepare minutes for the meeting and distribute electronically in Microsoft Word format. 1.1.6. Monthly PMT Meeting. ENGINEER will conduct monthly progress meetings with the PMT for the duration of the PROJECT to provide updates on project progress, budget and schedule status, current project issues,and public involvement activities. Anticipated future activities and PMT needs will be discussed. ENGINEER will be responsible for arranging the meeting, preparing an agenda, conducting the meeting, and taking and distributing meeting notes. Sixteen (16)progress meetings are assumed based on the preliminary schedule. 1.2. Agency and Project Coordination. ENGINEER will provide agency and project coordination and activities including: 1.2.1 Utility Coordination. ENGINEER will send utility requests directly to the utility companies with copies of the requests to the PMT utility coordinator. ENGINEER will be responsible for updating the utility tracking log that was prepared with preliminary design, maintaining it throughout the PROJECT, and taking and distributing meeting notes and incorporating utility information into the design of the PROJECT. 1.2.2 Agency Coordination and Permitting. Agency coordination will be conducted in conformance with the Environmental Plan and under the oversight of the PMT's Compliance Coordinator. Communication with the impacted agencies will be in conformance with the Environmental Plan. ENGINEER will be responsible for taking and distributing meeting notes and incorporating Agency information into the design of the PROJECT. Permitting scope, details and hours are included with Task 7. 1.2.3 CITY Agency Coordination. ENGINEER will provide for meetings with CITY Agencies including other divisions within the Public Works Department, Planning Department and Parks, Recreation and Public Property Department. Meetings will be held to maintain open lines of communication, obtain feedback on design elements that may impact other departments and allow for design reviews/comments(six meetings budgeted). Coordination with the City Planning Department regarding Urban Design Review Board approvals shall be in accordance with the Urban Design Review Board Guidance. 1.2.4 GIS Coordination. This task includes GIS coordination work for the ENGINEER as well as coordination with the CITY/PMT to manage and update CITY GIS information for the PROJECT. This includes providing necessary electronic files and information developed as part of the PROJECT to the CITY/PMT for updating the CITY's GIS database in accordance with CITY GIS standards. All GIS deliverables (in any task) should be created in ESRI's ArcGIS ArcMap v 10.0 software, be in a file geodatabase format (shapefiles or personal geodatabase formats are not acceptable), and the use of the City of Omaha's GIS metadata XML template to populate new data with required metadata. 6 ects\Omaha BMP Manual\BudgeSAmendment\Exhibit B Scope of Services_final.doc w comments and additions described in Task 202 and 203 described above. CDM B-2 C:\Sauer\Projects\Omaha BMP Manual BudgetWnendment\Exhibit B Scope of Services final.doc 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 1.2.5 Program Management and Technical Team Meetings. This task includes program management and technical team meetings anticipated during the course of the project. Meetings will be held between the ENGINEER, CITY, PMT, and SUBCONSULTANTS (six meetings budgeted). 1.3. Public Involvement and Neighborhood Coordination. ENGINEER shall communicate with the impacted property owners, businesses, schools, and neighborhood associations affected by the PROJECT; organize and conduct meetings to discuss the PROJECT scope and schedule; develop correspondence regarding PROJECT; and prepare exhibits. ENGINEER shall be responsible for the following: 1.3.1. Address Public Participation issues in the monthly progress meetings. 1.3.2. Conduct one (1) 65%Design Public Meeting. The ENGINEER will organize and conduct a public PROJECT 65%to 80%design level meeting in coordination with neighborhood associations and other stakeholders. The ENGINEER will determine the distribution list for the public meetings, prepare and distribute the public meeting notifications according to the Public Information Procedure, arrange for the meeting place, arrangements and logistics for the meetings and assist with preparation of the presentation, agenda, sign-in sheets, meeting notes and other items as necessary. The purpose of the "Open House" style meeting will be to review the overall PROJECT design plans, including proposed schedule, potential community enhancements discussions, and opportunities for public input. ENGINEER will prepare presentation materials including Power Point presentations, hardboards, maps, design drawings and handouts to present at the meeting, and take minutes for the meeting and distribute electronically in Microsoft Word format for draft and PDF format for final. 1.3.3. Conduct Stakeholder Communications 1.3.3.1. Identify impacted stakeholders such as neighborhood associations, businesses, schools, churches, organizations, elected officials, community leaders (in PROJECT area). 1.3.3.2. Create an email and mailing database of the impacted stakeholders. 1.3.3.3. Conduct one-on-one and small group meetings with impacted stakeholders, PMT, and CITY agencies to coordinate proposed improvements, green solutions, community enhancements, and construction impacts(12 meetings budgeted). 1.3.3.4. Develop the scheduling and logistics of stakeholder meetings and develop agendas,presentations, meeting notes and follow-ups. 1.3.4. Develop CSO Program Public Website Content 1.3.4.1. Write PROJECT description and provide photos or exhibits to the Program Public Facilitator(PPF)to be posted to the projects section of the CSO Program public website. 7 0.0 software, be in a file geodatabase format (shapefiles or personal geodatabase formats are not acceptable), and the use of the City of Omaha's GIS metadata XML template to populate new data with required metadata. 6 ects\Omaha BMP Manual\BudgeSAmendment\Exhibit B Scope of Services_final.doc w comments and additions described in Task 202 and 203 described above. CDM B-2 C:\Sauer\Projects\Omaha BMP Manual BudgetWnendment\Exhibit B Scope of Services final.doc 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 1.3.4.2. Provide all public meeting information to the PPF per the Public Information Procedure. 1.3.4.3. Provide a draft of any news opportunities to the PPF for coordination with the Program media communications and provide copies of any printed news items to be posted to the news archives on the public website. TASK 2 - FIELD WORK AND DATA ACQUISITION Objective: Obtain field data necessary to complete final design. Deliverables: Survey Data(both field books and electronic) Updated SCREAM Database Geotechnical Report(if needed) Additional CCTV information Private property sewer separation investigation results summary Scope: 2.1 Survey. Perform additional site survey in sufficient detail necessary to prepare final construction documents per City standards. Survey shall be performed in accordance with the CSO Program Survey Standards. Approximately 7,400 station feet of additional survey will be performed within the Phase 1 construction area, in the area outside of the original SA 107-2 area which was previously surveyed. Survey field book and all survey digital data shall be given to the CITY upon completion of final design. The area of additional survey required is shown in Figure 1. 2.2 Additional Field Investigations. Manhole and private property inflow investigations will be completed throughout the Phase 1 area, in areas which were outside of the original SA 107-2 area. The investigations will focus on areas where existing sewers are proposed to remain as sanitary sewers tributary to the proposed Phase 1 sanitary sewer system. These investigations will not include the area north of Sprague Street at this time, as this area will not become tributary to the Phase 1 project sewers as part of the current project. 2.2.1 Level 4 Manhole investigations will be completed along the proposed Phase 1 construction routes to gather information required for completion of final design. This will include manhole inventories and connectivity information. A total of 105 manholes have been included in this category. 2.2.2 Private property dye tests will be performed on 40 residential properties within the Phase 1 area to identify service lateral locations on corner lot properties and properties with multiple possible service lateral locations. 2.2.3 Private property inflow/infiltration checks at 120 residential properties will be completed via walk-by inspections as was done in the preliminary design phase for the SA107-2 area. On-site property investigations for inflow/infiltration and service lateral locations will be conducted at 10 commercial/institutional properties. 8 to be posted to the projects section of the CSO Program public website. 7 0.0 software, be in a file geodatabase format (shapefiles or personal geodatabase formats are not acceptable), and the use of the City of Omaha's GIS metadata XML template to populate new data with required metadata. 6 ects\Omaha BMP Manual\BudgeSAmendment\Exhibit B Scope of Services_final.doc w comments and additions described in Task 202 and 203 described above. CDM B-2 C:\Sauer\Projects\Omaha BMP Manual BudgetWnendment\Exhibit B Scope of Services final.doc 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 2.2.4 Smoke testing will be performed on sanitary sewers within the Phase 1 tributary area but outside of the Phase 1 construction area for the purpose of identifying public and private inflow sources that may be connected to the sanitary sewer system. Smoke testing will be performed on approximately 20,000 LF of sewer. Additionally,we assume that 40 dye tests (properties, inlet structures, etc.) and 5,000 LF of additional CCTV will be required to determine inflow sources. This effort is included under Task 8 Additional Services. 2.2.5 Level 3 manhole structure investigations will be performed on approximately 102 sanitary structures within the Phase 1 tributary area but outside of the Phase 1 construction limits to identify potential inflow issues related to the manhole frame, cover or riser, as discussed in Task 3.6.4. Pipe connection information or other condition evaluation will not be performed. 2.3 Sewer Televising (CCTV). Existing sewers will be retained for use as separate sanitary or storm sewers throughout the Phase 1 tributary area. Sewers within the Phase 1 construction area recommended for conversion to sanitary sewers will be televised and reviewed to determine rehabilitation/replacement needed to function properly as a sanitary sewer. This will include assessment of inflow and infiltration potential, as well as structural deficiency. Sewers to be converted for use as separate storm sewers will also be televised throughout the Phase 1 tributary area to both identify any active sanitary connections, and to identify structural deficiencies that may need attention in conjunction with the proposed construction (along proposed construction routes). A total of approximately 17,800 LF of storm and sanitary sewer televising will be required to complete the Phase 1 design. Areas requiring additional CCTV are shown on Figure 2. 2.4 Review Utility Drawings. Additional utility information for the Phase 1 area was requested as part of preliminary design. Final design will review utility location maps as additional drawings become available including, but not limited to sanitary sewer mains and services; street lights; traffic signals; gas main and services; water main and services; underground and overhead electric; telephone facilities; cable TV; and fiber optic cable. Utility information will be added to the topographic base map for the Phase 1 area. 2.5 Geotechnical investigations for the Phase 1 area are being performed as part of preliminary design in accordance with Geotechnical Protocol dated January 20, 2010. At this time, no additional geotechnical investigation is anticipated to be performed as part of final design. 2.6 . Street Corings. Perform street corings to determine composition and thickness of existing street surfacing and street base materials. Coring of the street section will include forty-five (45) locations as shown on the attached Figure 3 (locations to be reconfirmed with City prior to starting, may not need this many sites). Perform analysis of existing materials to determine bearing capacities and suitability for long term reliability. Investigation shall also address adjacent streets that may be used for access routes to the construction area. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 • cut into) so the ENGINEER can properly determine pavement removal/replacement areas in coordination with existing street and curb conditions and utility impacts. Include results of investigations and evaluations in the 60%Basis of Design addendum and the Final Design Report. 2.7 Subsurface Utility Exploration (SUE). SUE will be performed on approximately 2,000 LF of large diameter sewer within the Phase 1 area to more accurately identify horizontal and vertical locations of existing infrastructure. TASK 3 - 60% DESIGN Objective: Develop plans and specifications to 60% level of completion for review and utility coordination. The 60%design submittal is meant to be a substantially complete set of construction plans, with finalized sewer alignments and depths. The purpose of the 60%design submittal is to provide the CITY and PMT the opportunity to review the plans, specifications, and appurtenant material so that the ENGINEER can proceed in completing the plans, adding all necessary details, notes, etc. Information shall be summarized in an updated 60% Basis of Design Report. Deliverables: 60%Plans and Specifications 60%Basis of Design Report Opinion of Probable Cost(OPC) Urban Design Review Board (UDRB) submittal Draft Stormwater Pollution Prevention Plan (SWPPP) Draft Post Construction Stormwater Management Plan Draft Drainage Report Property acquisition and easement limits and descriptions Electronic copy of hydraulic model and output reports Storm and sanitary sewer sizing calculations Sewer Rehabilitation Technical Memorandum and Database Review meeting notes Updated risk register and sustainability plan Updated List of Permits and Environmental Clearances Scope: 3.1. 30% Walkthrough. Coordinate field review and walkthrough using 30%preliminary design plans. The focus of this walkthrough will be on planning, green solutions, traffic issues, and overall constructability. The CITY and PMT will identify staff to attend the field review. Provide transportation for the field review. Document walkthrough comments and outcomes for incorporation into the 60%design. The field walkthrough was held on November 3, 2011 with 8 City, PMT and Tetra Tech staff in attendance. 10 . Utility information will be added to the topographic base map for the Phase 1 area. 2.5 Geotechnical investigations for the Phase 1 area are being performed as part of preliminary design in accordance with Geotechnical Protocol dated January 20, 2010. At this time, no additional geotechnical investigation is anticipated to be performed as part of final design. 2.6 . Street Corings. Perform street corings to determine composition and thickness of existing street surfacing and street base materials. Coring of the street section will include forty-five (45) locations as shown on the attached Figure 3 (locations to be reconfirmed with City prior to starting, may not need this many sites). Perform analysis of existing materials to determine bearing capacities and suitability for long term reliability. Investigation shall also address adjacent streets that may be used for access routes to the construction area. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 3.2. Urban Design Review Board (UDRB) Submittal. The ENGINEER shall prepare the Urban Design.Review Board application and the 30% review submittal package required by the UDRB and the City Planning Department for review by City Planning and the UDRB. The UDRB submittal package will include plan-view drawings that clearly show impacts to Green Streets, Bicycle routes,Areas of Civic Importance (ACI), etc., as identified by the PMT, as well as the proposed mitigation of those impacts, showing sufficient details to convey the proposed work, but in a non-technical way. The submittal may require the services of a landscape architect to meet UDRB expectations; however, if this is required it will be part of Task 8—Additional Work. Examples of UDRB submittals will be provided to the ENGINEER for reference. A draft review submittal will be required (3 copies) and a final.Board submittal (17 copies). Urban Design Review Board (UDRB) review comments shall be addressed by the ENGINEER and incorporated into the 60%plans and specifications. 3.3. Finalize Sewer Design Calculations. Complete the hydrologic, hydraulic and final design calculations for the proposed storm, sanitary and combined sewer systems within the Phase 1 area. This will include sewer location, ultimate design tributary area, size and slope. A stormwater drainage inlet analysis will be included in areas of proposed construction per protocol. Storm sewer shall be designed in accordance with the City of Omaha Regional Stormwater Design Manual. Sanitary sewer shall be designed in accordance with the CSO Sanitary Sewer Design Basis and Methodology Guidance. Storm sewer inlet design will finalize new inlet locations, determine inlet type, finalize inlet hydrology, determine inlet gutter flow and sump capture hydraulics, enter inlets into the StormNET model and update results, and prepare and inlet design summary report. Storm sewer design will update the final StormNET model hydrology, determine elevation constraints for pipe design, run a storm sewer sizing routine, and confirm design pipe locations, slope and diameter. 3.4. Design of Intersection Improvements. Intersection improvements will include incorporation of minimum 25-foot radii upgrades at all arterial and collector street intersections along the proposed construction routes. A total of 33 intersections are included for radii upgrade design. Updated ADA curb ramps will be designed for all four corners at every intersection affected along the project alignment. Intersection and ramp improvements shall be in accordance with guidance the City will provide during final design. A total of 33 intersections are included for ADA ramp design. Intersection and ADA ramp details will be included with the 60%plans. 3.5. Private Property Separation. Owners of commercial/institutional and residential properties may need to separate sewage and stormwater flows on their properties. This task will identify and communicate to property owners the work to be completed in the ROW by the City, and summarize the work to be completed, if any, by the property owner(s) on private property to prepare for sewer separation. This work will be done in close coordination with City staff. 11 es to the construction area. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 3.5.1 Commercial/Institutional Properties - Prepare sewer separation letter and sketch for each commercial/institutional property that will become tributary to the Phase I separate sanitary sewer system. This letter will identify the current separation status of the property, and indicate the proposed separation plan for the property, including a summary of the proposed work in the ROW, and property owner responsibilities. Meet with representatives of properties which require separate to discuss the letter and incorporate requested changes to the private property separation plan with the 60%design plans. Approximately 55 commercial properties have been identified. Budget is provided for 55 commercial/institutional property letters and 20 meetings. 3.5.2 Residential Properties—Prepare a standard letter to inform property owners and tenants about the proposed sewer separation project and their responsibility to confirm/complete separation of stormwater and sewage flows on their property. This letter would be sent to properties that will discharge to the proposed Phase 1 separate sanitary sewer system. Provide site visits for up to 30 properties to address questions arising. 3.5.3 All Phase 1 properties within the construction limits will receive a general information letter about the project as part of the public involvement task. 3.6. Sewer Rehabilitation Recommendations for Phase 1 Tributary Area. Findings and recommendations will be summarized for City/PMT review based on Task 2 sewer televising and investigation results: 3.6.1 This task will recommend sanitary sewer and manhole rehabilitation and 1/I removal construction required to provide a serviceable sanitary sewer system for the Phase I area for City review. Approximately 33,000 LF of sewers and 230 manholes will be included in the recommendations, consisting of sewers located within and immediately adjacent to the Phased construction area. Sewers outside of this area may be televised for other purposes but rehabilitation recommendations will not be prepared for those reaches. Recommendations for follow up on non-critical sanitary sewer defects will also be provided. 3.6.2 For existing sewers to become separate storm sewers, this task will include: • identification of sanitary sewer connections recommended for disconnection throughout the Phase I tributary area to achieve separation of sewage and stormwater flows: • Identification of and recommendations for rehabilitation/repair of any critical structural defects throughout the Phase I tributary area. • Identification of and recommendations for rehabilitation/replacement/protection of sewers subject to damage during local sewer separation construction 3.6.3 A Sewer Rehabilitation Technical Memorandum and Database will be prepared that identifies recommendations and associated construction cost, if any, for 12 leted in the ROW by the City, and summarize the work to be completed, if any, by the property owner(s) on private property to prepare for sewer separation. This work will be done in close coordination with City staff. 11 es to the construction area. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 each sewer reach. The Database will be a Microsoft Excel/Access document that identifies each reach, anticipated future use, and potential and recommended rehabilitation options. 3.6.4 Inflow/Infiltration Reduction Requirements. Sewer separation projects will include a minimum amount of rehabilitation and new construction measures to minimize and eliminate some direct sources of storm and ground water inflow and infiltration in both sanitary and storm sewer manholes. These measures include: (1) installing external frame seals and solid manhole covers on all new manholes; (2) installing external frame seals on all existing manholes exposed during construction, which may include rebuilding risers; (3) cut out, expose, rebuild risers if necessary, and install external frame seals on all existing manholes which are on sanitary sewers or on pipes that are being changed from combined to sanitary sewers; (4) replace existing perforated manhole covers with solid covers(and new frame if necessary)on all existing sewers which are converted from combined to sanitary sewers,AND on existing sanitary sewers in tributary areas south of Sprague Street. This work will be included in the project plans and specifications for Phase 1 construction area. 3.7. Construction Sequencing/Phasing. ENGINEER shall prepare a recommended project sequencing/phasing to maintain sewage flow at all times, to maintain access to businesses, streets, etc. and to include traffic control, detour plans and pedestrian wayfinding, where appropriate. CITY will provide example sequencing/phasing plans and detailed notes. Phasing and sequencing will also consider appropriate methods for sediment and erosion control in conformance with Stormwater Pollution Prevention Plans and required NPDES permitting. 3.8. Prepare 60% Plans. 60%plan documents shall include the following draft items as identified in the Deliverable Guidance Document. Assumptions related to the number of drawings have been made after each item and are applicable for both 60%and 95% plans. • Cover sheet(1) • Note sheets (4) • Overall Project Quantities Table (1) • Sheet Layout Index Map(2) • Horizontal and Vertical Control Map and Information sheets (1) • Construction Staging plans including traffic control and pedestrian wayfinding (12) • Removal Sheets (20) • Plan and profile sheets including horizontal and vertical alignments of proposed system including manholes, sewers, inlet structures and other features (56) • Preliminary roadway design identifying paving limits, curb and sidewalk removals, driveway replacements and intersection improvements. (65) • ADA ramp details (8) • Preliminary community enhancements as identified by the City/PMT(1) • Project specific details (8) • City standard plates (2) • Right-of-Way Strip Maps (3) 13 sociated construction cost, if any, for 12 leted in the ROW by the City, and summarize the work to be completed, if any, by the property owner(s) on private property to prepare for sewer separation. This work will be done in close coordination with City staff. 11 es to the construction area. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 • Boring logs (7) • Stormwater Pollution Prevention Plan (SWPPP) (5) • Incorporation of UDRB comments • Temporary and permanent easements identified on plans • GIS Sewer Modification Schematic (1) 3.9. Prepare 60% Specifications. Prepare the front end documents, special provisions (including Temporary Controls and Permitting specification sections), and bid item narrative of what the bid item includes, including measurement and payment. The CITY is using the Engineers Joint Contract Documents Committee (EJCDC) contract documents. Special Provisions and Supplemental Specifications shall be provided for special items and work not covered in the City of Omaha Standard Specifications. The CITY and PMT may also provide some Technical Specifications and Plan Details to be utilized by the ENGINEER. 60% specifications shall include the following draft items as identified in the Deliverable Guidance Document. • Cover sheet • Table of contents • Division 00 specifications • Division 01 specifications • 700 Series technical specifications • Supplemental technical specifications 3.10. Prepare Basis of Design Report. A 60%Basis of Design Report will be prepared in accordance with the Deliverable Guidance Document. This report will utilize information from and refer the 26th and Corby Basis of Design TM but will focus specifically on the work to be performed within the Phase 1 area. The report will summarize the work to be performed in the Phase 1 area and discuss overall plan methodology,project assumptions, construction phasing or sequencing, field investigations, summary of permit activities, and summaries of the documents included with the 60% submittal. 3.11. Risk Management. The Project Team shall update the risk register and identify methods to mitigate the risks identified for the project per the Risk Management Plan. 3.12. Sustainability. The Project Team shall update sustainability strategies previously identified. 3.13. Prepare Preliminary Stormwater Pollution Prevention Plan (SWPPP). Prepare the preliminary SWPPP in accordance with the Environmental Plan and as identified in Task 7. 3.14. Prepare Preliminary Post-Construction Stormwater Management Plan. Prepare the preliminary Post-Construction Stormwater Management Plan in accordance with the Environmental Plan and as identified in Task 7. 3.15. Prepare Preliminary Drainage Report. Prepare Preliminary Drainage Report in accordance with the Environmental Plan and as identified in Task 7. 14 ther features (56) • Preliminary roadway design identifying paving limits, curb and sidewalk removals, driveway replacements and intersection improvements. (65) • ADA ramp details (8) • Preliminary community enhancements as identified by the City/PMT(1) • Project specific details (8) • City standard plates (2) • Right-of-Way Strip Maps (3) 13 sociated construction cost, if any, for 12 leted in the ROW by the City, and summarize the work to be completed, if any, by the property owner(s) on private property to prepare for sewer separation. This work will be done in close coordination with City staff. 11 es to the construction area. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 3.16. Prepare Preliminary List of Permits. Prepare the preliminary list of permits and schedule in accordance with the Environmental Plan and as identified in Task 7. 3.17. Draft Quantity Database and OPC. Establish quantity database using CITY standard bid items (exact wording and units shall be used as much as possible), and identify special pay items which may be required for the project. Perform initial quantity takeoff based on 60%plan documents to prepare the 60%OPC. Engineers Opinion of Probable Construction Cost shall be prepared and submitted per the Cost Estimate Template Guidance and the Deliverable Guidance Document. 3.18. Temporary and Permanent Easement Descriptions and Access Easements. ENGINEER shall prepare documents for easement acquisition. CITY personnel will perform title searches and negotiate the acquisition of the easements. Identify easements necessary for construction and provide information required per the ROW Management and Property Acquisition Procedure. 3.19. Submit 60% Documents for Review. Deliver the 60% submittal documents to the CITY and PMT for distribution and review by the CITY, PMT, agencies, and permitting agencies, as required. 60%documents include plans, specifications, 60% BODR, draft permits, etc. 3.20. On-site Field Review. Conduct an on-site field review following completion of 60% plans. Attendees will include the ENGINEER, CITY Project Manager, PMT Coordinator, Compliance Coordinator, CITY Construction Manager, PMT Utility Coordinator, and utility company representatives. The purpose of the meeting is to review constructability of the proposed sewers; review existing pavement and curb conditions and proposed intersection radii and curb ramp locations; verify extent of surface feature removals/replacements; discuss recommended utility relocations/replacements and utility phasing; identification potential private property conflicts; and identification of other issues that may impact construction. 3.21. Office Review Meeting: Approximately three weeks following the 60% field walkthrough, organize and attend an office review meeting with the CITY Project Manager, PMT Coordinator, Compliance Coordinator, PMT Utility Coordinator, Utility company representatives, CITY Construction Division staff,and other CITY and PMT staff as required to review the plans and specifications for completeness, constructability, etc. The ENGINEER will take and distribute meeting notes. 3.22. Address Plan and Specification Review Comments. CITY and PMT review comments will be compiled in one Quality Review Form (QRF) document per deliverable and will be submitted to the ENGINEER. ENGINEER will incorporate comments from the QRF into the design. 3.23. Migratory Bird Treaty Act (MBTA) Survey: ENGINEER will perform MBTA survey of the Project area to determine if any "Species of Significance" such as raptors, bald eagles, etc. are present in the Project area. The provisions of the MBTA are applicable to construction activities (clearing and grubbing, tree removal, etc.)that may result in the taking of migratory birds, eggs, or young and including active nests. The MBTA is applicable year round, but most migratory bird nesting activities occur between April 1 and July 15. 15 rea. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 3.23.1 Anticipated time period to conduct field surveys is between April 1 and July 15th. Three days of survey have been budgeted. 3.23.2 Efforts will be made to conduct surveys in the morning during the highest level of bird activity. 3.23.3 Reporting - Provide verbal results of MBTA surveys to the CITY within twenty- four hours of survey and a.written report of MBTA surveys within one week from completion of MBTA survey. - Provide photographic documentation of survey area and GPS location of areas observed to be providing nesting habitat. - Report to contain, surveyor name, date and time of survey,project location, field observations and results, weather conditions, bird species observed, location, number and species of active bird nests observed within the construction area, and recommended actions. TASK 4 - 95% DESIGN Objective: Develop plans and specifications to 95% level of completion for review and utility coordination. The 95%design submittal is meant to be a complete, bid- ready set of construction documents. The purpose of the 95% design submittal is to provide the CITY, PMT, and NDEQ the opportunity to review the plans, specifications, and appurtenant material prior to bidding the project for construction. Deliverables: Draft cover letter identifying changes from the LTCP 95%Plans and Specifications Final Design Report 95%Design OPC Rehabilitation approved by the CITY Final Draft SWPPP Final Draft Drainage Report Final Draft Post Construction Stormwater Management Plan Draft Permit Applications Updated List of Permits and Environmental Clearances NDEQ submittal UDRB submittal package Updated risk register and sustainability plan Small Business/Emerging Small Business (SB/ESB) Exhibit A Temporary and 1 permanent easement documents Scope: 4.1. Prepare 95% Plans. The 95%Plans are meant to be final, bid-ready plans, and at a minimum shall include the following items as identified in the Deliverable Guidance Document. • Cover sheet • Note sheets 16 esentatives, CITY Construction Division staff,and other CITY and PMT staff as required to review the plans and specifications for completeness, constructability, etc. The ENGINEER will take and distribute meeting notes. 3.22. Address Plan and Specification Review Comments. CITY and PMT review comments will be compiled in one Quality Review Form (QRF) document per deliverable and will be submitted to the ENGINEER. ENGINEER will incorporate comments from the QRF into the design. 3.23. Migratory Bird Treaty Act (MBTA) Survey: ENGINEER will perform MBTA survey of the Project area to determine if any "Species of Significance" such as raptors, bald eagles, etc. are present in the Project area. The provisions of the MBTA are applicable to construction activities (clearing and grubbing, tree removal, etc.)that may result in the taking of migratory birds, eggs, or young and including active nests. The MBTA is applicable year round, but most migratory bird nesting activities occur between April 1 and July 15. 15 rea. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 • Overall Project Quantities Table • Sheet Layout Index Map. • Horizontal and Vertical Control Map and Information sheets • • Construction Staging plans including traffic control and pedestrian wayfinding • Removal Sheets • Plan and profile sheets including horizontal and vertical alignments of proposed system including manholes, sewers, inlet structures and other features • Roadway design identifying paving limits, curb and sidewalk removals, driveway replacements and intersection improvements, pavement marking plan • ADA ramp details • Community enhancements as identified by the City/PMT • Project specific details • City standard plates • Right-of-Way Strip Maps • Stormwater Pollution Prevention Plan (SWPPP) • Incorporation of UDRB comments • Temporary and permanent easements identified on plans • GIS Sewer Modification Schematic • EPA Lead Remediation Program • Boring Logs • The 95%Plans will be delivered to the City and PMT as part of the 95%submittal. City/PMT comments will be addressed as part of Task 4.16 and the revised 95%Plans will be submitted as part of the NDEQ submittal package in Task 4.17. 4.2. Prepare 95% Contract Documents. Finalize the contract documents including all technical specifications, special provisions (including Temporary Controls and Permitting specification sections), bid item narrative of what the bid item includes, including measurement and payment, front end documents, construction constraints, utility schedule, and quality control review. Incorporate utility relocation work schedules as part of the specifications. The 95%Contract Documents will be prepared in accordance with the Deliverable Guidance Document and delivered to the City and PMT as part of the 95%submittal. City/PMT comments will be addressed as part of Task 4.16 and the revised 95%Contract Documents will be submitted as part of the NDEQ submittal package in Task 4.17. 4.3. Prepare Final Design Report(FDR). The FDR is a comprehensive compilation of the preliminary and 60% Basis of Design Report information and any additional modifications and/or calculations that support the final design of the project. The FDR will be prepared in accordance with the Deliverable Guidance Document and delivered to the City and PMT as part of the 95% submittal. City/PMT comments will be addressed as part of Task 4.16 and the revised FDR will be submitted as part of the NDEQ submittal package in Task 4.17. 4.4. Prepare Final Quantity Database. Prepare quantity takeoff using CITY standard pay items, and special pay items identified by the CITY, PMT or ENGINEER. Include contingency for certain items such as rock removal,pavement removal, railroad tracks, etc., as identified in the Cost Estimate Template Guidance. 17 "Species of Significance" such as raptors, bald eagles, etc. are present in the Project area. The provisions of the MBTA are applicable to construction activities (clearing and grubbing, tree removal, etc.)that may result in the taking of migratory birds, eggs, or young and including active nests. The MBTA is applicable year round, but most migratory bird nesting activities occur between April 1 and July 15. 15 rea. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 4.5. Risk Management. The Project Team shall update the risk register and identify methods to mitigate the risks identified for the PROJECT per the Risk Management Plan. 4.6. Sustainability. The Project Team shall finalize sustainability strategies and quantify anticipated benefits where applicable. 4.7. Submit a Final Stormwater Pollution Prevention Plan (SWPPP). Prepare the SWPPP in accordance with City of Omaha regulations,the Environmental Plan and as identified in Task 7. 4.8. Prepare Final Post-Construction Stormwater Management Plan. Prepare the Post-Construction Stormwater Management Plan in accordance with City of Omaha regulations, the Environmental Plan and as identified in Task 7. 4.9. Prepare Final Drainage Report and submit with 95% submittal. Prepare Drainage Report in accordance with the Environmental Plan and as identified in Task 7. 4.10. Utility Coordination Meeting. ENGINEER will conduct a utility coordination meeting. ENGINEER will be responsible for organizing the meeting location, inviting the impacted utilities, taking meeting notes, and distributing meeting notes. The meeting will be coordinated with PMT. Utilities to provide a schedule and locations of agreed-upon relocation work,which shall be included in the 95% specifications. Request utility schedule at least four weeks before plan and specification review distribution to enable incorporation in 95% specs. 4.11. Small and Emerging Small Businesses Utilization Form. Follow the requirements of the Small and Emerging Small Business Program (SB/ESB) as outlined on the City of Omaha Human Rights and Relations Department website and as directed by the CITY, to determine and define portions of the construction project that could be done by SB/ESB companies. This includes but is not limited to review of the latest CITY certified SB/ESB company listing, identification of sufficient number of companies for each construction task, , and completion of EXHIBIT A "UTILIZATION OF SMALL AND EMERGING SMALL BUSINESSES" in the project specifications/contract documents. A Construction Phase SB/ESB Utilization Technical Memorandum shall be prepared that summarizes the evaluation performed by the ENGINEER to identify the portions of the Project that can reasonably be designated for construction by Small Business (SB)/Emerging Small Business (ESB) contractors. The areas identified for SB/ESB subcontractors are specifically designated in the contract documents. 4.12. Prepare Final OPC. Finalize the bid item list in accordance with the CITY standard bid items. Number new bid items in accordance with CITY policy. Prepare Engineers Opinion of Probable Construction Cost in accordance with the Cost Estimate Template Guidance and Deliverable Guidance Document. 4.13. Permit Applications. Per Task 7, ENGINEER will prepare applications for the necessary permits for the PROJECT per the scheduled provided with the 60% submittal and submit to the PMT for review and comment. Based on comments received from the PMT, the ENGINEER shall revise and prepare the applications for 18 ncluding active nests. The MBTA is applicable year round, but most migratory bird nesting activities occur between April 1 and July 15. 15 rea. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 • execution by the CITY in accordance with the Environmental Plan. All permits will be in the name of the CITY and the CITY will pay directly for any associated permit application fees. 4.14. Submit 95% Contract Documents for Review. Deliver the 95%submittal documents to the CITY and PMT for distribution and review by the CITY, PMT, agencies, and permitting agencies, as required. 95%documents include plans, specifications, 95%BODR, permits, etc. Environmental,permitting, and regulatory issues shall be addressed in accordance with the Environmental Plan and coordinated with the Compliance Team Lead or designated representative. Approximately three weeks following plan submittal, organize and attend an office review meeting with the CITY Project Manager, PMT Coordinator, Compliance Coordinator, PMT Utility Coordinator, Utility company representatives, CITY Construction Division staff, and other CITY and PMT staff as required to review the plans and specifications for completeness. The ENGINEER will take and distribute meeting notes. 4.15. UDRB Submittal. The ENGINEER shall prepare the Urban Design Review Board application and the 95%review submittal package required by the UDRB and the City Planning Department for review by City Planning and the UDRB. In general,the UDRB submittal package will include plan-view drawings that clearly show impacts to Green Streets, Bicycle routes,Areas of Civic Importance(ACI), etc., as identified by the PMT as well as the proposed mitigation of those impacts, showing sufficient details to convey the proposed work, but in a non-technical way. The submittal may require the services of a landscape architect to meet UDRB expectations. Examples of UDRB submittals will be provided to the ENGINEER for reference. A draft review submittal will be required (3 copies) and a final Board submittal (17 copies). Urban Design Review Board (UDRB)review comments shall be addressed by the ENGINEER and incorporated into the Final plans and specifications. 4.16. Address Contract Document Review Comments. City and PMT review comments will be compiled in one Quality Review Form (QRF)document per deliverable and will be submitted to the ENGINEER. ENGINEER will incorporate comments into the Bid Documents. 4.17. NDEQ Submittal. ENGINEER shall prepare a submittal package to the NDEQ for a Construction Permit. Submittal items include: A cover letter summarizing the project and the project's relationship to the LTCP (CITY representative will sign) Complete, signed Application for NDEQ Construction Permit Three(3)copies of sealed/signed Plans, with City/PMT comments addressed/incorporated Three(3)copies of sealed/signed Specifications with City/PMT comments addressed/incorporated One (1) copy of sealed/signed Final Design Report with City/PMT comments addressed/incorporated. 19 e PROJECT per the scheduled provided with the 60% submittal and submit to the PMT for review and comment. Based on comments received from the PMT, the ENGINEER shall revise and prepare the applications for 18 ncluding active nests. The MBTA is applicable year round, but most migratory bird nesting activities occur between April 1 and July 15. 15 rea. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 TASK 5 - BID DOCUMENTS Objective: Finalization of the bid documents and preparation of the plans and specifications for bidding. Deliverables: Signed and Sealed Final Plans and Specifications Final opinion of probable cost Project Advertisement Form Final Bid Item List and Quantities Field books, electronic copy of plans, Contract Documents, Civil 3D data Scope: 5.1. Signed and Sealed Contract Documents. The plans and specifications shall be signed and sealed by the ENGINEER project manager and the appropriate disciplines, including a Coordinating Professional if necessary. Submit project advertisement form, final quantity database, opinion of probable cost(without any Contingency), and one copy of signed plans & specifications (with CITY signed cover sheet)to CITY for advertisement/bidding Quality Control check per Sewer Separation Protocol Design Phase Procedures. Allow for 5 business days for CITY to complete QC check. This QC check will not be for design or technical aspects of the project, but will be for administrative/bidding purposes. 5.2. ENGINEER shall incorporate quality control changes based on comments received during Quality Control check, sign and seal revised plans and specifications. Provide one original and twenty (20) copies of final signed and sealed plans and specifications (contract books)to CITY. Final plans and specifications (contract books) shall be delivered to the CITY no later than the day before the project is advertised for bid. 5.3. Document Submittal. Submit copies of all survey field books, Civil 3D and CAD drawings in electronic format, final drainage files/models, GIS files, and Contract Documents in Microsoft Word format. TASK 6 - BIDDING ASSISTANCE Objective: Provide assistance to the CITY during the bidding process. • Deliverables: Addenda Other items identified by the CITY during the bidding phase Scope: 6.1. Transition Meeting. Attend a Transition meeting with the Program Management Team and City Construction Management(CM) staff for the ENGINEER to provide project design background information and specific design related issues/information to the CM staff in preparation for the pre-bid meeting and the construction phase. 20 EQ Submittal. ENGINEER shall prepare a submittal package to the NDEQ for a Construction Permit. Submittal items include: A cover letter summarizing the project and the project's relationship to the LTCP (CITY representative will sign) Complete, signed Application for NDEQ Construction Permit Three(3)copies of sealed/signed Plans, with City/PMT comments addressed/incorporated Three(3)copies of sealed/signed Specifications with City/PMT comments addressed/incorporated One (1) copy of sealed/signed Final Design Report with City/PMT comments addressed/incorporated. 19 e PROJECT per the scheduled provided with the 60% submittal and submit to the PMT for review and comment. Based on comments received from the PMT, the ENGINEER shall revise and prepare the applications for 18 ncluding active nests. The MBTA is applicable year round, but most migratory bird nesting activities occur between April 1 and July 15. 15 rea. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 6.2. Pre-Bid Meeting. Attend Pre-bid meeting organized by the CITY. No more than two personnel from the ENGINEER shall attend the pre-bid meeting. 6.3. Prepare Addenda. Prepare addenda as required to address questions raised at the pre- bid meeting,written questions from bidders, or other Contract Document clarifications. One copy of the addenda will be provided to the CITY. 6.4. Bid Evaluation. ENGINEER shall provide assistance in the evaluation of the bids, such as review of the bid-tab or recommendation of award, as requested. TASK 7 - PERMITTING SERVICES Objective: Identify and prepare permits for review by the CITY and PMT and submit the final permits to the City for agency submittal. Deliverables: List of permits and environmental clearances Permit applications for review by the PMT Final permits for submittal Scope: 7.1. Environmental permitting and regulatory issues shall be addressed in accordance with the Environmental Plan and coordinated with the PMT Compliance Team. 7.2. As part of the 60%Design Submittal,the ENGINEER will provide technical specifications to the PMT that address environmental issues associated with the PROJECT including,but not limited to, management of hazardous or contaminated wastes likely to be found onsite,permitting specification and temporary environmental controls. This may include appropriate modifications of technical specifications developed by the PMT to address environmental issues. The ENGINEER will work with the PMT to continue to identify other regulatory criteria or requirements. 7.3 As part of 95%design submittal, the ENGINEER will update the list(including schedule) and include it in the 95%design submittal. A copy of the list of permits (with the status of and responsible party for each permit) and a copy of all permits in hand will be included in the 95% Contract Documents along with a copy of all permit applications to be obtained by the contractor. Unless otherwise determined by the PMT, any permits, mitigation plans, or similar developed by the ENGINEER shall be reviewed by the PMT Compliance Team prior to submission of the final information to the CITY for submission to the appropriate agency. 7.4 Stormwater Construction/City of Omaha Grading Permits. A SWPPP will be developed that meets NDEQ's Stormwater Construction Permit requirements as well as the City's Grading Permit requirements. In addition, a CSW-NOI permit application for submission to the NDEQ will be developed. The ENGINEER will incorporate erosion and sediment control statements and details into plans and specifications for the 60%, 95%and Bid Documents, and other relative portions of the SWPPP. A draft SWPPP will be included with the 60% design submittal. 21 One (1) copy of sealed/signed Final Design Report with City/PMT comments addressed/incorporated. 19 e PROJECT per the scheduled provided with the 60% submittal and submit to the PMT for review and comment. Based on comments received from the PMT, the ENGINEER shall revise and prepare the applications for 18 ncluding active nests. The MBTA is applicable year round, but most migratory bird nesting activities occur between April 1 and July 15. 15 rea. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 TASK 8 - ADDITIONAL SERVICES Additional services shall be provided only if approved by the CITY. Scope, schedule and compensation will be negotiated for these items as necessary. These additional services may include the items listed below, as well as Engineering During Construction and Construction Administration. Authorization to proceed shall be in the form of an Amendment to this AGREEMENT specifying the work to be performed, schedule, and additional compensation. Additional services currently identified that may be performed include: 8.1 Dye tests in the Phase 1 tributary area to identify inflow sources to the existing sanitary sewers. Assume 40 dye tests. 8.2 Additional CCTV in the Phase 1 tributary area to identify inflow sources to the existing sanitary sewers. Assume 5,000 LF of CCTV. 8.3 Heavy cleaning prior to CCTV in the Phase 1 area. Assume 10 hours of heavy cleaning. 8.4 Provide Landscape Architect services for preparation of drawings for the UDRB submittal. Assume 8 hours of landscape architecture services. SCHEDULE ENGINEER agrees to complete by December 31, 2012,the necessary final design services listed in this Exhibit, and includes bid ready plans and specifications. The schedule of Bid Phase services shall be coordinated with the CITY during the bid phase. Services beyond the final design phase and bid phase, if included by amendment, shall be completed as necessary in context to the actual construction timing. The CITY recognizes that completion of the design work listed in this Exhibit within this deadline is contingent upon timely response from utilities and CITY or their authorized representatives. 22 list(including schedule) and include it in the 95%design submittal. A copy of the list of permits (with the status of and responsible party for each permit) and a copy of all permits in hand will be included in the 95% Contract Documents along with a copy of all permit applications to be obtained by the contractor. Unless otherwise determined by the PMT, any permits, mitigation plans, or similar developed by the ENGINEER shall be reviewed by the PMT Compliance Team prior to submission of the final information to the CITY for submission to the appropriate agency. 7.4 Stormwater Construction/City of Omaha Grading Permits. A SWPPP will be developed that meets NDEQ's Stormwater Construction Permit requirements as well as the City's Grading Permit requirements. In addition, a CSW-NOI permit application for submission to the NDEQ will be developed. The ENGINEER will incorporate erosion and sediment control statements and details into plans and specifications for the 60%, 95%and Bid Documents, and other relative portions of the SWPPP. A draft SWPPP will be included with the 60% design submittal. 21 One (1) copy of sealed/signed Final Design Report with City/PMT comments addressed/incorporated. 19 e PROJECT per the scheduled provided with the 60% submittal and submit to the PMT for review and comment. Based on comments received from the PMT, the ENGINEER shall revise and prepare the applications for 18 ncluding active nests. The MBTA is applicable year round, but most migratory bird nesting activities occur between April 1 and July 15. 15 rea. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 gill' � a c E M N_ O Ny g <a r _ LL — N N ILL m 1 - 8' 68 U , 1 , p 1 Z I d v O O - E N n i 1 1 E U i _ Y O 1 .1--k0--41/4 a I I N — 1 a W Ps. 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Based on comments received from the PMT, the ENGINEER shall revise and prepare the applications for 18 ncluding active nests. The MBTA is applicable year round, but most migratory bird nesting activities occur between April 1 and July 15. 15 rea. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 »r I fan f 1 a o E M n? NQ O- md 8 • 7 40 • In in 2 I -0 O Qm ? n' E a 1n ` m N n d' 0 1 (7 O u •Lior fO 1 4 1 NZ I p.o //111AA' �1�A� I • 1 o • 1 E 1 1 F E i t • E • ` � 15 a ... ,, 5,4' - , y , .... , tl, _______,,, i , , g, o a a a° v 0 7 2 a LL O a a' • ÷ ' ÷ a > j a° ¢ z � 1 N tv N N fV N N N N N n N N N N N N N N N _ _ 5, F : O O O O O O O O O O O O N a N a N C a M ` d V ` j� C c c c c c c c c c c Oc c ` c c O c c cg 9 Cg c c ; ;; ; ; N !: : ° c° N ry N _ N N N _ . 5 O o 0 0 0 0 0 0 0 0 a s „5.5' 3 E a 5 5 5 al, N • m d w O N O O N 2 u O N w a' w N N N N w ^ ai N a, " c N O 2 c V- ~ F ~ 1- ~�'- F !-~ F- /-�'- 1- F 1-1-F- f 1- F F F- 1- 1- F~I-- f F V- 1- Y-~�'-1- Y- f§ F 1- !� §, O ai v o a o y v Na oitiiiff v a a'a v rn ' I'' L N m o N n < e e '' ,n n o 0 o O r n ✓ m • • o v 3 ¢ a O• W c u O 2' - c c w 1.1 a a c '.e. ¢ E E E a N c A€ a d m 'y '' < c c 3'O c 2 n o €a co E_O _ � O E c, d E " ^,4' ` 0 0 A d a m h a m 1i O. m �m � � '- c1 .� - .. o .� a u' o E >,a ` g ' n n m E rn 1 O m m I �° in € a'a` A Z"d .5 a 'm rn' c saoo 2oyLL a Ev a2 cw ` h. '' N c 'f muo A A g.: o P! d _a O1a' tin .3 = AS c`ova y E Ja A a a a 0 E a N m n o A a a I y e, 0 a. O - C E m E(7 ° .n n v € i E n E aa` a` a` u min iiLLuo � mN= f%1 ma81 ` am a'a w`a a` a Z n n .n m n M M r, n .i d V< a v v o v v e v a a a v v v .n U) x`c m m e r r n N f 1- H 1131 3 r m orommmmmm 3, o,.t 2 o00 � � -.' ° Nrvry 2 2 N 2 2 M M 44 2 4 e. 4 4 4 4 4 A v, 44 f2 4 A A A m m Io 4 A m m w m 2 r.r r r e 60% submittal and submit to the PMT for review and comment. Based on comments received from the PMT, the ENGINEER shall revise and prepare the applications for 18 ncluding active nests. The MBTA is applicable year round, but most migratory bird nesting activities occur between April 1 and July 15. 15 rea. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 • ______ imrAsif h� Z LaNmore Ave illi -®�■ maT..meions, aq limmtigaluiLig S4DNbMeredith Averimmingiiii.,A Amos -tea I aimmerovii 1 rirlillir same"' Sehler St Aler St ® �, Sehler St .■!1.■. ---_Sprague St .•■ nj°!! 1M S2 ,IIIPPI1 w'H .•wldlnH St ■■1^ I I andorson St ■ _• Pratt St �� i � • ■ EvansSt® gig' s St1Evans StI- I��raiiiir= ■ IPlnkney St �I Emmef St if„mii ��..' Lothrop Sf I _�t w a Lothrop S• ���. Lo fhrop•t N w w ro D S $ � mill Spencer Sf I la I/ it 1Irais; IPliffISZAalici, �iiiii - � gloothyste.r.tgaititc:!'�� MIamI St �®'+Ohio St �.. .. fiirillammentsisse Itow,,„„,,,,„,...... iiir Wi117sAve MIriam BdS■ urdofte St St gm MI IIBU,dotto lir' 2 1 YatosStLlndsaYAvo S„114 ya Blondo S _ Grace St s, „Isms • ■ .■Parker St I. ... Iiimanoce.still1111..---sismoi i.■ ■n w =NFronkiln S• gSyy' A mall! SowardS »'� o TesroharlesFLM . -- -- PROECT NMME: b CSC)! D26 aIArne Additional Survey ADDITIONAL m 26TH AND CORBY SURVEY �261handCorbyStudyAreal Needed SEWER TETRA TECH GSA107.2Area SEPARATION FIGURE 1 a Solutions forOmaha OPotential Sanilury Tdbulary Area CSO PN CSOP02.02.2G00 OPW#: 5177810ATE: 1111 6 2 011 a c '.e. ¢ E E E a N c A€ a d m 'y '' < c c 3'O c 2 n o €a co E_O _ � O E c, d E " ^,4' ` 0 0 A d a m h a m 1i O. m �m � � '- c1 .� - .. o .� a u' o E >,a ` g ' n n m E rn 1 O m m I �° in € a'a` A Z"d .5 a 'm rn' c saoo 2oyLL a Ev a2 cw ` h. '' N c 'f muo A A g.: o P! d _a O1a' tin .3 = AS c`ova y E Ja A a a a 0 E a N m n o A a a I y e, 0 a. O - C E m E(7 ° .n n v € i E n E aa` a` a` u min iiLLuo � mN= f%1 ma81 ` am a'a w`a a` a Z n n .n m n M M r, n .i d V< a v v o v v e v a a a v v v .n U) x`c m m e r r n N f 1- H 1131 3 r m orommmmmm 3, o,.t 2 o00 � � -.' ° Nrvry 2 2 N 2 2 M M 44 2 4 e. 4 4 4 4 4 A v, 44 f2 4 A A A m m Io 4 A m m w m 2 r.r r r e 60% submittal and submit to the PMT for review and comment. Based on comments received from the PMT, the ENGINEER shall revise and prepare the applications for 18 ncluding active nests. The MBTA is applicable year round, but most migratory bird nesting activities occur between April 1 and July 15. 15 rea. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 rillilleall\WEM5111111.111 i i IiMIL.111111111 N11111r to• is LeAmore Aw 1111111 Templeton St owlerA Fowler Ave Fowler Ave Z Fowler Ave _ g S 2 . ' " III Meredith Avem i ith Avewart. ‘ilz;M111111� nom aYlor,■ ~ Z 2 Taylor St *a a e Cornish Blvd n m cs v Mill H u 6 2 t Sahler St • W. a �` � Sto Sehler5iiSahlemir 111111,161 Sahler St , 1 ro coo St . ��- - L� Sprague St SP g_„ iW !_ILSI Pauding S II• paulding St Mandorson Sfandorson St EMI II ■■ ^+ _ aril Evans St -artroS, Evans St �, Evans StLm Evans S . ILHT11' _ • ��■.' Lofhrop St ntrogen i LothroP S, '_110 LothroP.f 2 m w $ w L ■ �MMI. p D. � � Spencer St iii umi 6.1111111111111111111111101111 Sponcor StN� � N7rt St H intalmam BMnoY St -■ Locust St .- aPla St ® _ _ EMI 'n- rim �cornySt Ma rigaO 111111 Ohio St ,eigI Miami St M - ON N1<tASt O oSt Z �� Cady Ave "Ohio St � r . .' -�_ •herwoodAve iiiiiiiiillin - ..VicrtorrAAvee■111101141111111GranfSIPri 1111 _j Burdette S urdeeStsurdettaStillI v L Patrick Av En 2 Yates St Lindsll ay Ave I 1Mill Blonde St A • Z. Blonde S Z Ell" Greco St E ■ 3. Parker St -■ IIIIII I____ . Parker Cr4 5;recS SyClarkStum e Z ro Franklin S� Z 5 N •e S � S ' o A i Z o +as no Teo hales• 5,2 IMN �� i M� rr 1—I Add60nal Televising FRoJECTNMIE: C Sof O Needed r�Pha26U1 a 1 Area 26TH AND CORBY TELEWE SEWER m © smoke Testing p 261h and Corby sWdyAreal SEWER TETRA TECH -Smrtn C.eededSAenkaI Area SEPARATION FIGURE 2 Clean Solutions for Omaha Tt'n!ng Needed =Potential Sanitary TdbutaryArea cso PN: CSOP.p2.02.2G00 o: OPW a: 61776!DATE: 11/162011 I m 2 r.r r r e 60% submittal and submit to the PMT for review and comment. Based on comments received from the PMT, the ENGINEER shall revise and prepare the applications for 18 ncluding active nests. The MBTA is applicable year round, but most migratory bird nesting activities occur between April 1 and July 15. 15 rea. This information will help to determine which streets will or will not hold up to construction activities (especially if the pavement is 9 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. gular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only, are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor,each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary or Trustee shall be party,unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: Tammy Barrett, Member, Nu-Style Holding LLC for Livestock Exchange Building Managing Member, LLC, Livestock Exchange Building,LLC,514 Walker Street,Woodbine,IA 51579 6 Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust,or do any act Trustor agreed not to do,Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and (b)pay, purchase, contest or compromise any encumbrance,charge or lien,which in its judgment is or appears to be prior or superior hereto, and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary. IT IS MUTUALLY AGREED THAT: 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 . 7.-nur--- ----- is- mil I'm ' — wg ow wow. •=..-,..._,.._.._ ._.i., rat sr. 1,..1.111011=1111 j...q. .,.... .-• ,,- IIIIII um Milsellilttgf,„ -._ igallig ink -11:11 WI bal —Viol 2 11111111rall Sig a WI =I 1111 --i ......10"1 m Wili _ tz gen NEE an 4 ra, =is ms mom i MI • IIII..,, Eli 1611 MI INE irs;I t), vEg - • In Ni" 'w EN Ir•wog NW I 1 rell t ra Ilu-- IN a wa ,,i,, .r..1 - sw ca-,rd:st -de ., .... „ . _ ,...,.... ... , - . . , ...... , e - - IIIIII MN Me .. 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Mt L.„. .13.11.j.It--S1 ,ar VI,MP is Eva IMMIII____i IIIM tag ilipt_2.. mill 22 u111. 25 I 1.51111111 ..1E 001110 .17iIIIM 11“431! =MN ns_St _ :•%. r-, I x 10 11113 °it 11111111 111110.11 -- int =1111111 11111111 011111111 EME El11111111 i 1 en 'I'm I low ma, sict_si „,......„40 ,PANNam Pinkney-St e 0 4> 0 o ..., 0 111 11011011 I TA e' r' - Inliiiiosninti_a iimo wog snow ""-Essany,, -t\nr.-.11,", mom orm IIMS:. in Emmet Still una ,_ P1111111 011101, , _ ,si TON 3 lit IIIIIII IMIN luau gm al . • -mu m on ma sm ne [Lars-Li .1.1 i IIM-1 1; II Illi 1111 III Lbthrop St r 1 ‘ . . o moms.agil\ouum um ow Ft ; ... ,— If i 1 z .. ,,,, us— — . s, ,.. 3. ow . ; 11.11 "IIMII, IMP '-'' ',I:jinn° lin ;Ili 1 — .th = 1' 1=1 rife IN m qvivimill III um, smilThpencer_st— ..,.. , is II u , , __ ,,_ ..... ,, k.§ NM 11 7"111 °mi..- (1'iiiii‘ 15111. 47111 0,..tiortoliiiiilii 11_111111 _11n paungi im . -41111111m11 Imo ;,_,...1...11111. 11111111111 1111111K-11111 NM 1101 2, lai MI NI NM 11 i III 'OMNI allillow 11111111, SIM 111111101111111 MIN Mum IfignIE. is 11111.__ ____ „, Binfr I 1-13-;I a 1 R.,11.11 1111111111111 Mill als,.!botimor4111111 Vat 1111 INK II,i 11 111 Ill 111 1111, a Illil . ,,r, unip-70L111111110111111111 11111111111111111 Ili11111 inioggivii I I- air_ so.... otilm i si, —I ..- ..„,,,,m, ,...,- ....., LocostAt 2 IN 111111U101111,.,, — •,-C i its air: 1 golim um E Illie IRO a a z m aiwi,-__ , 'z s,zct • mu= mu Hie r-- iim of ma It En z Will 111111 11111111#41111116 i.111 I No.. ---:..- — Maple ._ ..z. ---- ----. suil,:! lig is nas::=9. 1 St 1 n ii Immo= - nim .,,, • Corby-St ., c 0 , k,-,,_-_-_-‘-----: 11111Fil 1"6 1111111 1 I 6 In Ca10 .°'m.21 1 1 Will i z 1111 NM l' i fillatliti lat —111111 It'll 4 lialli: AliPl"k"I Inii MEI i .._ z mi,,,,, •r-j2----- Ed • L . -.• :,--„. ,,,eunnung ...., „. , . ei 1111111.0mo'st "M '14;-111111111111.0MA ;___11 lizn, onio_s_t Ns. unw 11 6.11 - ' ililliM 1111.01111111 MI) vv. 1111111°\''111-11Mililli phio.st,wit_-,.: ',.„-, NI z in Si u i ..6-. 17mm ‘ IN 1 _ociammoimis \ .., ,- NE* .W. -n 74 a i ;:7.7.4. MIL_ CadyAve a, IL:mim ISIA W.."' i,ibi El mal',,,%.iii (I: gilt N • Ilk' MI Mt. is' c(l') rum vil-di silillTIMI ,4,,,, . ,..........n •.—•-• 0,'''.-05... o rim_..n A 1°Iiin611&111.70.11'.".:- lila 1111111.1C1'it' fillrall 1,16141114%.111-111n1"1,1 riill Il 1 NM 3 0 150 300 600 0... ..Z.—.Pmr."."'nt-- al 1 mosEINIIIIIIMI. liffill ' • 1"11111111101ARIKO OM MI N 11 INNE Feet Wi I I i s_Av_e,.IIMIII III c.N . C Phase!Area Conceptual Piping Inventoried Pipes ......_ppProrrooppp000ssseeeddd itoeoronroidbeitnyed PROJECT NAME: 26TH AND CORBY SEWER <c' C SO' ....-.- sStaonrirotaty —Combined becomes Sanitary (... rib) SEPARATION STREET CORINGS S' il TETRA TECH -et-Combined 7 Combined becomes Storm Clean Solutions for Omaha FIGURE 3 ,i.. roposed Proposed -Ir. Force Main ..: Abandoned ri UP CPore Location (10 Core Location Proposed 108"(By Others) CSO PN: CSOP.02.02.2G00 'au 'ou e OPW#: 51778 DATE: 10/31/2011 1/1 r proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 EXHIBIT ".C" BREAKDOWN OF COSTS 23 �. cD cDw cp I 1 cu 1 cv C•,., �n i OCD 'C �' O aQ'b OCD. ; b � ° v' � z cD 0 G c~�i oo CD cr MI' N . ° O •ri ,rt 0 iP+ `< o ° fir.' a C7 . N Q. - p -• N n n v°i co p o ,• � � � O0 ° _ y ° biZt W \ ° t\o °O• ° 0 Cr ,n• ° fp CD ONO -- o N O O C°D °• 1,s \ ...► n W ° to (ND co p, CD ,-. = N C/) Q CD cn rr N 2HIUUI cu ?,'. ?y. `°� ,_,, '- �'—'• A 41D0 '-, .°1 '° p CD t ' -, CCDD `.3 0 CD A)CD ' ,C N maha p:\LAW-COUNCIL DOCUMENTS\2011\20073vIj 1 A Exhibit C Summary The Breakdown of Costs that comprises this amendment consists of two parts. The first part consists of Fees for Additional Services which were approved and documented in Work Change Acknowledgements(WCAs)during the execution of the April 13, 2010 agreement. The second part consists of Fees for the Final Design Services, which are presented in more detail following this summary. Part 1: Work Change Acknowledgement items. Additional Aerial Mapping(WCA 1) This work consisted of aerial mapping of areas to the north of the original project area that appeared to be tributary to the 26th and Corby area after some initial investigation. CCTV heavy cleaning(WCA 2) This work consisted of heavy cleaning and jetting of sewer lines that needed to be televised for this project. The heavy cleaning was necessary to allow for televising of the sewer lines. Concept Plan Change (WCA 3) This work was related to the refining of the project scope after the conceptual plan was reviewed. The total cost of the additional services provided is$83,880. Part 1 Total amount: $83,880 Part 2: Final Design Schedule of Services. The Schedule of Fees for Final Design is included as the remainder of Exhibit C. Part 2 Total amount: $1,309,412 Total Contract Amendment Amount $1,393,292 24 M 1111111 Fr. 4' ...No ..,gm 0 sa • e ,, --,----, ,, ..:.....,k •'' ..-.--. Mt L.„. .13.11.j.It--S1 ,ar VI,MP is Eva IMMIII____i IIIM tag ilipt_2.. mill 22 u111. 25 I 1.51111111 ..1E 001110 .17iIIIM 11“431! =MN ns_St _ :•%. r-, I x 10 11113 °it 11111111 111110.11 -- int =1111111 11111111 011111111 EME El11111111 i 1 en 'I'm I low ma, sict_si „,......„40 ,PANNam Pinkney-St e 0 4> 0 o ..., 0 111 11011011 I TA e' r' - Inliiiiosninti_a iimo wog snow ""-Essany,, -t\nr.-.11,", mom orm IIMS:. in Emmet Still una ,_ P1111111 011101, , _ ,si TON 3 lit IIIIIII IMIN luau gm al . • -mu m on ma sm ne [Lars-Li .1.1 i IIM-1 1; II Illi 1111 III Lbthrop St r 1 ‘ . . o moms.agil\ouum um ow Ft ; ... ,— If i 1 z .. ,,,, us— — . s, ,.. 3. ow . ; 11.11 "IIMII, IMP '-'' ',I:jinn° lin ;Ili 1 — .th = 1' 1=1 rife IN m qvivimill III um, smilThpencer_st— ..,.. , is II u , , __ ,,_ ..... ,, k.§ NM 11 7"111 °mi..- (1'iiiii‘ 15111. 47111 0,..tiortoliiiiilii 11_111111 _11n paungi im . -41111111m11 Imo ;,_,...1...11111. 11111111111 1111111K-11111 NM 1101 2, lai MI NI NM 11 i III 'OMNI allillow 11111111, SIM 111111101111111 MIN Mum IfignIE. is 11111.__ ____ „, Binfr I 1-13-;I a 1 R.,11.11 1111111111111 Mill als,.!botimor4111111 Vat 1111 INK II,i 11 111 Ill 111 1111, a Illil . ,,r, unip-70L111111110111111111 11111111111111111 Ili11111 inioggivii I I- air_ so.... otilm i si, —I ..- ..„,,,,m, ,...,- ....., LocostAt 2 IN 111111U101111,.,, — •,-C i its air: 1 golim um E Illie IRO a a z m aiwi,-__ , 'z s,zct • mu= mu Hie r-- iim of ma It En z Will 111111 11111111#41111116 i.111 I No.. ---:..- — Maple ._ ..z. ---- ----. suil,:! lig is nas::=9. 1 St 1 n ii Immo= - nim .,,, • Corby-St ., c 0 , k,-,,_-_-_-‘-----: 11111Fil 1"6 1111111 1 I 6 In Ca10 .°'m.21 1 1 Will i z 1111 NM l' i fillatliti lat —111111 It'll 4 lialli: AliPl"k"I Inii MEI i .._ z mi,,,,, •r-j2----- Ed • L . -.• :,--„. ,,,eunnung ...., „. , . ei 1111111.0mo'st "M '14;-111111111111.0MA ;___11 lizn, onio_s_t Ns. unw 11 6.11 - ' ililliM 1111.01111111 MI) vv. 1111111°\''111-11Mililli phio.st,wit_-,.: ',.„-, NI z in Si u i ..6-. 17mm ‘ IN 1 _ociammoimis \ .., ,- NE* .W. -n 74 a i ;:7.7.4. MIL_ CadyAve a, IL:mim ISIA W.."' i,ibi El mal',,,%.iii (I: gilt N • Ilk' MI Mt. is' c(l') rum vil-di silillTIMI ,4,,,, . ,..........n •.—•-• 0,'''.-05... o rim_..n A 1°Iiin611&111.70.11'.".:- lila 1111111.1C1'it' fillrall 1,16141114%.111-111n1"1,1 riill Il 1 NM 3 0 150 300 600 0... ..Z.—.Pmr."."'nt-- al 1 mosEINIIIIIIMI. liffill ' • 1"11111111101ARIKO OM MI N 11 INNE Feet Wi I I i s_Av_e,.IIMIII III c.N . C Phase!Area Conceptual Piping Inventoried Pipes ......_ppProrrooppp000ssseeeddd itoeoronroidbeitnyed PROJECT NAME: 26TH AND CORBY SEWER <c' C SO' ....-.- sStaonrirotaty —Combined becomes Sanitary (... rib) SEPARATION STREET CORINGS S' il TETRA TECH -et-Combined 7 Combined becomes Storm Clean Solutions for Omaha FIGURE 3 ,i.. roposed Proposed -Ir. Force Main ..: Abandoned ri UP CPore Location (10 Core Location Proposed 108"(By Others) CSO PN: CSOP.02.02.2G00 'au 'ou e OPW#: 51778 DATE: 10/31/2011 1/1 r proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 • $ 8 Iww ue aa ION)u !�ads N ry al!IPPM']snua°5 _ V • $ (yog•seon!e9a,9) e i •+ C 'CI ,alemw,olS•,aa4u3 a 8 laue!o - m 8 8 • . 8 'pton)ane1s!u!9PV • - x ;? • 4 $ e 8 (a3!W•oosg!a) "' m m $ • g 4 N SI9•ue°!uyaal m . a • . 8 (Ale9•!4PaS) e m m 8 9 pe.l AtoinuyoajJ519 $ • • (PPol•MoaQualloH) V. S S g .r. ut .p-• $ •9• >!uyaal OVJ $ g (°o,.V u!a!al ue°!uyoal OVa (oy5'l - . . o X o 8 n m m m . . c $ 7,• A 9 . m . 8 u Pad)m uP!saa Jamas-,aau!au3 ., 8 (a!oo!N u ' ., m • uos,sydoYV)u9!oa ^ ,ama5 ,...4u3,s a V q o pOl lle,aua9)Da • 8 (ueo•uesu0..1,eal w, N m ga,nPnpseyuluaa,9 .. . 8 r o. « " ^ " . ^ ^ ., 4. m ry e e . 8 (uyor•ed!n!a) m m N $ ,apeal weal Oleo 8 (a3!W*105)Alpeal n ^ . •" r ,. < < m $ m ,ammw,ols`doa ma!n CO 8 (Io,q•labeulnN) m m m . o r aa,eyau!!ednuud w of . - 8 N!,.al!•s!nl,p(9p5. r .n . w m N a . m m R. .1 ..Aalo,d im m m 8 . . ry N .ki ma . e g , .. ry . ry g r 0 1— N N O $ n . d 7 ~ O 2 E .. F ,n N W F C O, O N c p s N R5 c t t V1 ii o 0 — a Q. N ¢ - - ° _ r Z' I.. L oL < - .Q _ - - - — E c $ w E us .. q - , U . x 0 a ^' .12 u7 O -y E c t� « E o f - E - E.E d J o s c U 11 E H \ C e _ - '' _ 2 u L— m m C ¢ - C a a p 3 y h - q > "a 'c Z r. E T. 0 o q _ . '• u S. E w LE _ F v U E T L •O C •j - - Z'5 - _ _7. 6- _ m E E t. E ; w X 3 ..li E 7, ,. - E W N pi N ^� 'n¢ a` r m� E 2, __ ,,_ ..... ,, k.§ NM 11 7"111 °mi..- (1'iiiii‘ 15111. 47111 0,..tiortoliiiiilii 11_111111 _11n paungi im . -41111111m11 Imo ;,_,...1...11111. 11111111111 1111111K-11111 NM 1101 2, lai MI NI NM 11 i III 'OMNI allillow 11111111, SIM 111111101111111 MIN Mum IfignIE. is 11111.__ ____ „, Binfr I 1-13-;I a 1 R.,11.11 1111111111111 Mill als,.!botimor4111111 Vat 1111 INK II,i 11 111 Ill 111 1111, a Illil . ,,r, unip-70L111111110111111111 11111111111111111 Ili11111 inioggivii I I- air_ so.... otilm i si, —I ..- ..„,,,,m, ,...,- ....., LocostAt 2 IN 111111U101111,.,, — •,-C i its air: 1 golim um E Illie IRO a a z m aiwi,-__ , 'z s,zct • mu= mu Hie r-- iim of ma It En z Will 111111 11111111#41111116 i.111 I No.. ---:..- — Maple ._ ..z. ---- ----. suil,:! lig is nas::=9. 1 St 1 n ii Immo= - nim .,,, • Corby-St ., c 0 , k,-,,_-_-_-‘-----: 11111Fil 1"6 1111111 1 I 6 In Ca10 .°'m.21 1 1 Will i z 1111 NM l' i fillatliti lat —111111 It'll 4 lialli: AliPl"k"I Inii MEI i .._ z mi,,,,, •r-j2----- Ed • L . -.• :,--„. ,,,eunnung ...., „. , . ei 1111111.0mo'st "M '14;-111111111111.0MA ;___11 lizn, onio_s_t Ns. unw 11 6.11 - ' ililliM 1111.01111111 MI) vv. 1111111°\''111-11Mililli phio.st,wit_-,.: ',.„-, NI z in Si u i ..6-. 17mm ‘ IN 1 _ociammoimis \ .., ,- NE* .W. -n 74 a i ;:7.7.4. MIL_ CadyAve a, IL:mim ISIA W.."' i,ibi El mal',,,%.iii (I: gilt N • Ilk' MI Mt. is' c(l') rum vil-di silillTIMI ,4,,,, . ,..........n •.—•-• 0,'''.-05... o rim_..n A 1°Iiin611&111.70.11'.".:- lila 1111111.1C1'it' fillrall 1,16141114%.111-111n1"1,1 riill Il 1 NM 3 0 150 300 600 0... ..Z.—.Pmr."."'nt-- al 1 mosEINIIIIIIMI. liffill ' • 1"11111111101ARIKO OM MI N 11 INNE Feet Wi I I i s_Av_e,.IIMIII III c.N . C Phase!Area Conceptual Piping Inventoried Pipes ......_ppProrrooppp000ssseeeddd itoeoronroidbeitnyed PROJECT NAME: 26TH AND CORBY SEWER <c' C SO' ....-.- sStaonrirotaty —Combined becomes Sanitary (... rib) SEPARATION STREET CORINGS S' il TETRA TECH -et-Combined 7 Combined becomes Storm Clean Solutions for Omaha FIGURE 3 ,i.. roposed Proposed -Ir. Force Main ..: Abandoned ri UP CPore Location (10 Core Location Proposed 108"(By Others) CSO PN: CSOP.02.02.2G00 'au 'ou e OPW#: 51778 DATE: 10/31/2011 1/1 r proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 • 0 S a N N . v a n n m n •V 2 m g 2, m mmm H In m S ▪ S S N m m S m m N m $ m .it . • S $ S m" " m a8 x nm m m m •., n m •1N n mm " $ m N ., s " m n n n " " g o n " ry " m " a • • m o N N ) 0 N a m m m m o n na m a m o m m .» n n n ,.. .. N a n e m A F. m v N n V .. v $ m ti N 2 m m 2 m m ry 2 N m m a • N • m ry n r v •o • FL; 8 2m e ry A. n ry n .. n • ry .31 n m .. n .. m n ' $ n• ry 2 N e4 i9 p. -r u1 • N N 0 I- tz ° a y ;m u W _ c p m c W c o r 3 ` E o 0 • `o m E a a _ - 0 00E o o c w i 6 ii _ m w E v m e F. i o" 9 A a, • 3 a _ c m Z ` c O A o 3 r - ° v c ud, E ' « N ° ° u m • A N ; E d E ° y c o 5g 3 _ m m a a A E L a v 12 a aE E E g ° a ¢ w v _ c `c \ E m a a v ° m - u ° o •.. Z u '^ •� U° c c 3 0 ii w a °i •., ' L• t., o 'a - _ °+ E N y I. a ° f n g E E ` o m X m 2 '- - - o L n al' E a o v cl v a E II;._ 92 € w _ 'E a vv ° o ao` ,2 •' 0 `0a2 mg. _ _ '° 5a ,', � az m _ 'm r. _ o 'O ¢ t Z . , m m m m m m m m m m m m m m m m m .ac a c v v e a o c o a v 6 6 " a a s °,• �, •° •° •° � � � m m 00 d - F- 0 a ^' .12 u7 O -y E c t� « E o f - E - E.E d J o s c U 11 E H \ C e _ - '' _ 2 u L— m m C ¢ - C a a p 3 y h - q > "a 'c Z r. E T. 0 o q _ . '• u S. E w LE _ F v U E T L •O C •j - - Z'5 - _ _7. 6- _ m E E t. E ; w X 3 ..li E 7, ,. - E W N pi N ^� 'n¢ a` r m� E 2, __ ,,_ ..... ,, k.§ NM 11 7"111 °mi..- (1'iiiii‘ 15111. 47111 0,..tiortoliiiiilii 11_111111 _11n paungi im . -41111111m11 Imo ;,_,...1...11111. 11111111111 1111111K-11111 NM 1101 2, lai MI NI NM 11 i III 'OMNI allillow 11111111, SIM 111111101111111 MIN Mum IfignIE. is 11111.__ ____ „, Binfr I 1-13-;I a 1 R.,11.11 1111111111111 Mill als,.!botimor4111111 Vat 1111 INK II,i 11 111 Ill 111 1111, a Illil . ,,r, unip-70L111111110111111111 11111111111111111 Ili11111 inioggivii I I- air_ so.... otilm i si, —I ..- ..„,,,,m, ,...,- ....., LocostAt 2 IN 111111U101111,.,, — •,-C i its air: 1 golim um E Illie IRO a a z m aiwi,-__ , 'z s,zct • mu= mu Hie r-- iim of ma It En z Will 111111 11111111#41111116 i.111 I No.. ---:..- — Maple ._ ..z. ---- ----. suil,:! lig is nas::=9. 1 St 1 n ii Immo= - nim .,,, • Corby-St ., c 0 , k,-,,_-_-_-‘-----: 11111Fil 1"6 1111111 1 I 6 In Ca10 .°'m.21 1 1 Will i z 1111 NM l' i fillatliti lat —111111 It'll 4 lialli: AliPl"k"I Inii MEI i .._ z mi,,,,, •r-j2----- Ed • L . -.• :,--„. ,,,eunnung ...., „. , . ei 1111111.0mo'st "M '14;-111111111111.0MA ;___11 lizn, onio_s_t Ns. unw 11 6.11 - ' ililliM 1111.01111111 MI) vv. 1111111°\''111-11Mililli phio.st,wit_-,.: ',.„-, NI z in Si u i ..6-. 17mm ‘ IN 1 _ociammoimis \ .., ,- NE* .W. -n 74 a i ;:7.7.4. MIL_ CadyAve a, IL:mim ISIA W.."' i,ibi El mal',,,%.iii (I: gilt N • Ilk' MI Mt. is' c(l') rum vil-di silillTIMI ,4,,,, . ,..........n •.—•-• 0,'''.-05... o rim_..n A 1°Iiin611&111.70.11'.".:- lila 1111111.1C1'it' fillrall 1,16141114%.111-111n1"1,1 riill Il 1 NM 3 0 150 300 600 0... ..Z.—.Pmr."."'nt-- al 1 mosEINIIIIIIMI. liffill ' • 1"11111111101ARIKO OM MI N 11 INNE Feet Wi I I i s_Av_e,.IIMIII III c.N . C Phase!Area Conceptual Piping Inventoried Pipes ......_ppProrrooppp000ssseeeddd itoeoronroidbeitnyed PROJECT NAME: 26TH AND CORBY SEWER <c' C SO' ....-.- sStaonrirotaty —Combined becomes Sanitary (... rib) SEPARATION STREET CORINGS S' il TETRA TECH -et-Combined 7 Combined becomes Storm Clean Solutions for Omaha FIGURE 3 ,i.. roposed Proposed -Ir. Force Main ..: Abandoned ri UP CPore Location (10 Core Location Proposed 108"(By Others) CSO PN: CSOP.02.02.2G00 'au 'ou e OPW#: 51778 DATE: 10/31/2011 1/1 r proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 0 Z, t o e 8 e , 8 m - $ a 3 " ," m a a, 8 °i 8 & - " .N CO F 3 n „ .. " « N E e en E I- 3 (A a. u 0. 888 8 IIHN3tl1)ePui1 S 1 , S og.a).All.m lu,Py . ((NN3N1) o ' 8 dlnb3/^u..JAll7) '`" .+ ^ 8 ,a,ogei ole,ado • e,a.3D All) 8 (I3N3111)d!nb3/3,30 $ • • • M . • F. oeApaq m,ogel '" ♦,we,ado,ewla( 8 ((HN381) e ' ' w 8 'i AallaV'!W'aluadp.H) 8Plald-3eulu4,31 m 319-uePlu3931 m 1.3,43D),alleue W PPIj S ((NN3tl0uoy'uuewoyl) 2 , p a e m • • • F. uBeneW PIPId . 8 (INN3N1)11!17 n $ e $ ea 4 " „ m 'aleD)Peal uolpadsul a,npnnseyul 8 ((WH75)WI'a,a!,./31) e0 `.$ " . r anpulslu!wpy 8 IIWH75I ''.2. , 4 1,d''V!)1oAan,nS . 1 8 MUDS)•Vo7'sso ) e m 1314J m4,7-,0Aa,vnS 8 ((WH75) m ' ' .s 8 • N,eW'uosl>upa,3) ^ pa,alsl83d.,2-,oAa,vns O a, • u 8 IIWH751I , 0 • v 8uuo J-u¢°ryyoal a 1(W14)513H30 e v a m m , 8 '4aouN)suo!padzul v .. „ °, PIald-ueplu4,31 • 8 IIWH75),f o,g'ue,aB) '^^ en n $ 8' ^ v 8 g 8, 8 S F. Pe31 PI8!d-433,3eu3 • m ti v ,N m , 8 (IWH]S)aue45'a udom5) M sue,1-nao,Hu3 - ' 8 ((WH 4' DS)8noaIP " H) ti „ v v F. m ' • l ,sue, -aau18u3.,S VI 0 . . C 8 ((WHJS) 9 n " (5 0 se,o1'uuew,alsolN) F. d ^ sue,1/339-,as ule113%IS K • 0 o $ o " V. eo 2 m " " " e 2 m o v e a S (imps)HJS)33315'Io4431U (I � ,a2eueW palo,d'lss,, J IL „ m ((WHJSI v w ' 8 AI,e4J'uols3IPP3H) `V ,., (luau,anpnul ,11934'Ie,3u39)Vt. C 0.0 in -- a) • - a) C • p � N • . (5 c = .,< _c .o I° E _ 1. _ E a Cl. 0. >' ~ « ° E eE. Esn O E t cA _ u - E A - c E a Y -• m• _ 9 •E _ m c D - _(,) 0 3 -LI w £ °8 ` mE E ° ° _ ro - c E - _ _ - _ m c ° c = _ e _ _ __Si a c p > ° u L d o - _ Z _ z o E _ € 3 `l 11 X ' m _ _ a,43 15 « a LL •E ti • • t $8 0 r. 3 Y N ry ,p< v a I- I— Mum IfignIE. is 11111.__ ____ „, Binfr I 1-13-;I a 1 R.,11.11 1111111111111 Mill als,.!botimor4111111 Vat 1111 INK II,i 11 111 Ill 111 1111, a Illil . ,,r, unip-70L111111110111111111 11111111111111111 Ili11111 inioggivii I I- air_ so.... otilm i si, —I ..- ..„,,,,m, ,...,- ....., LocostAt 2 IN 111111U101111,.,, — •,-C i its air: 1 golim um E Illie IRO a a z m aiwi,-__ , 'z s,zct • mu= mu Hie r-- iim of ma It En z Will 111111 11111111#41111116 i.111 I No.. ---:..- — Maple ._ ..z. ---- ----. suil,:! lig is nas::=9. 1 St 1 n ii Immo= - nim .,,, • Corby-St ., c 0 , k,-,,_-_-_-‘-----: 11111Fil 1"6 1111111 1 I 6 In Ca10 .°'m.21 1 1 Will i z 1111 NM l' i fillatliti lat —111111 It'll 4 lialli: AliPl"k"I Inii MEI i .._ z mi,,,,, •r-j2----- Ed • L . -.• :,--„. ,,,eunnung ...., „. , . ei 1111111.0mo'st "M '14;-111111111111.0MA ;___11 lizn, onio_s_t Ns. unw 11 6.11 - ' ililliM 1111.01111111 MI) vv. 1111111°\''111-11Mililli phio.st,wit_-,.: ',.„-, NI z in Si u i ..6-. 17mm ‘ IN 1 _ociammoimis \ .., ,- NE* .W. -n 74 a i ;:7.7.4. MIL_ CadyAve a, IL:mim ISIA W.."' i,ibi El mal',,,%.iii (I: gilt N • Ilk' MI Mt. is' c(l') rum vil-di silillTIMI ,4,,,, . ,..........n •.—•-• 0,'''.-05... o rim_..n A 1°Iiin611&111.70.11'.".:- lila 1111111.1C1'it' fillrall 1,16141114%.111-111n1"1,1 riill Il 1 NM 3 0 150 300 600 0... ..Z.—.Pmr."."'nt-- al 1 mosEINIIIIIIMI. liffill ' • 1"11111111101ARIKO OM MI N 11 INNE Feet Wi I I i s_Av_e,.IIMIII III c.N . C Phase!Area Conceptual Piping Inventoried Pipes ......_ppProrrooppp000ssseeeddd itoeoronroidbeitnyed PROJECT NAME: 26TH AND CORBY SEWER <c' C SO' ....-.- sStaonrirotaty —Combined becomes Sanitary (... rib) SEPARATION STREET CORINGS S' il TETRA TECH -et-Combined 7 Combined becomes Storm Clean Solutions for Omaha FIGURE 3 ,i.. roposed Proposed -Ir. Force Main ..: Abandoned ri UP CPore Location (10 Core Location Proposed 108"(By Others) CSO PN: CSOP.02.02.2G00 'au 'ou e OPW#: 51778 DATE: 10/31/2011 1/1 r proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 5� 5� 5� 5Q� 0 25 25 8 0 5 F, e F m 5 25 6 m m S N o o $ u e gn N V. mNn MN y I?, c . a` g • • • $ ' g F. R F. 82 N • g S m E • a m `o a • LI m rn N a $ ., N a N .. r N N N $ ^ 2 $ N a a m a N m . . a N N N N a a . N g N N O H t, N C '' ry d 3 o d o _ n N O O .•' c Y H 'v g L. ; y o C a� o m N o n E m ; o _ 6 gill' o o ' q v w e v m c .. h E A A d u ` m , - E u _ , _ y, '0 u E ` 2 E t `m a 74 c c v r E a E 6 g o e ; 3 9 o a c v o o i w r a '' ' '« a c E `° A ,E x a a V v g X y _ m$ LL - ,25z8 ae a,, _ E _ i _ a E E 8 - ¢ w v o c 5 c c ,_ ,_ v o A v 5 .. :' a q 8 °i `� 'U c c N u A u° m a s „ ' C a S c `° a '.' E J y i ° U A a A E.E v' a on is N z f '- _ o° S l u n E E m O a n ti E a ._ _ i ` - "E .. .. L ? m L i o t- ,'n o` O a E °' _ _ _ _ E 5 o. �'n D a z m _ N - n < w Q t u O a ~ m F m m M m m m m m m m m rv' m m en m m Ya a a a a a a a a a a a a a a a a N ✓ 0 Y o 0 'G N nn n n Y co co N . N f f f f F d H 0 se,o1'uuew,alsolN) F. d ^ sue,1/339-,as ule113%IS K • 0 o $ o " V. eo 2 m " " " e 2 m o v e a S (imps)HJS)33315'Io4431U (I � ,a2eueW palo,d'lss,, J IL „ m ((WHJSI v w ' 8 AI,e4J'uols3IPP3H) `V ,., (luau,anpnul ,11934'Ie,3u39)Vt. C 0.0 in -- a) • - a) C • p � N • . (5 c = .,< _c .o I° E _ 1. _ E a Cl. 0. >' ~ « ° E eE. Esn O E t cA _ u - E A - c E a Y -• m• _ 9 •E _ m c D - _(,) 0 3 -LI w £ °8 ` mE E ° ° _ ro - c E - _ _ - _ m c ° c = _ e _ _ __Si a c p > ° u L d o - _ Z _ z o E _ € 3 `l 11 X ' m _ _ a,43 15 « a LL •E ti • • t $8 0 r. 3 Y N ry ,p< v a I- I— Mum IfignIE. is 11111.__ ____ „, Binfr I 1-13-;I a 1 R.,11.11 1111111111111 Mill als,.!botimor4111111 Vat 1111 INK II,i 11 111 Ill 111 1111, a Illil . ,,r, unip-70L111111110111111111 11111111111111111 Ili11111 inioggivii I I- air_ so.... otilm i si, —I ..- ..„,,,,m, ,...,- ....., LocostAt 2 IN 111111U101111,.,, — •,-C i its air: 1 golim um E Illie IRO a a z m aiwi,-__ , 'z s,zct • mu= mu Hie r-- iim of ma It En z Will 111111 11111111#41111116 i.111 I No.. ---:..- — Maple ._ ..z. ---- ----. suil,:! lig is nas::=9. 1 St 1 n ii Immo= - nim .,,, • Corby-St ., c 0 , k,-,,_-_-_-‘-----: 11111Fil 1"6 1111111 1 I 6 In Ca10 .°'m.21 1 1 Will i z 1111 NM l' i fillatliti lat —111111 It'll 4 lialli: AliPl"k"I Inii MEI i .._ z mi,,,,, •r-j2----- Ed • L . -.• :,--„. ,,,eunnung ...., „. , . ei 1111111.0mo'st "M '14;-111111111111.0MA ;___11 lizn, onio_s_t Ns. unw 11 6.11 - ' ililliM 1111.01111111 MI) vv. 1111111°\''111-11Mililli phio.st,wit_-,.: ',.„-, NI z in Si u i ..6-. 17mm ‘ IN 1 _ociammoimis \ .., ,- NE* .W. -n 74 a i ;:7.7.4. MIL_ CadyAve a, IL:mim ISIA W.."' i,ibi El mal',,,%.iii (I: gilt N • Ilk' MI Mt. is' c(l') rum vil-di silillTIMI ,4,,,, . ,..........n •.—•-• 0,'''.-05... o rim_..n A 1°Iiin611&111.70.11'.".:- lila 1111111.1C1'it' fillrall 1,16141114%.111-111n1"1,1 riill Il 1 NM 3 0 150 300 600 0... ..Z.—.Pmr."."'nt-- al 1 mosEINIIIIIIMI. liffill ' • 1"11111111101ARIKO OM MI N 11 INNE Feet Wi I I i s_Av_e,.IIMIII III c.N . C Phase!Area Conceptual Piping Inventoried Pipes ......_ppProrrooppp000ssseeeddd itoeoronroidbeitnyed PROJECT NAME: 26TH AND CORBY SEWER <c' C SO' ....-.- sStaonrirotaty —Combined becomes Sanitary (... rib) SEPARATION STREET CORINGS S' il TETRA TECH -et-Combined 7 Combined becomes Storm Clean Solutions for Omaha FIGURE 3 ,i.. roposed Proposed -Ir. Force Main ..: Abandoned ri UP CPore Location (10 Core Location Proposed 108"(By Others) CSO PN: CSOP.02.02.2G00 'au 'ou e OPW#: 51778 DATE: 10/31/2011 1/1 r proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 0 N N p N C 'C a • .Ni o V r�l C i ry e 6 g EA o m y p e 'y C m a R ry ;F. n n m . n n v ry - oi C pi o « « M . o d �- m m . _ m Y ti C ei N A . y p pp1. N M m „ T C I!), ~ E . J co U it N 8 S RI $ ' O • $ '`R R ' m . g ? G O c ^ 01 ., ° ,X m Y _LL N yy 3 v • $ a T m e S o N p - V O :u ' - v n ry N m r Q a " ry .. r ., a m � , ry m O. LL P. v.) o n eas a Ps „ morn n Rsa ,.. . .N N 71 ° ` N o nF 7 rn 0 o ' . 1 8 g 8 • o g LL of CC o ~.0 u 110 O N M , g S a . o R § u a ry a gs $ _ N erf:PH- ti . . . , m n ' R . . . . ' . . e n F. m O F C C ° OA VI - 01 c° Cl i RI °i o Y N C e o /p — v 3is VI C J 5 - ` o _ r n nn. G (p ° a c - . . c - o L o 0 E " A N o d CI. o. Pi a = . 'a y - _ ` = y, c >_ _ V c g - o - M1. u E E. - 9 a a E 8 a" A e E. e , .Q o . c - - _ - - .. V E , m t E _ E c E a c - c m CU s. `w o 2 m m E - - = d _ - - y c = = c - _ .1' o o - .m d a = c i oei V V t,, U H o - .E a - 6 m o c > ui d f c = 6 r - S o _ - _ o A A = v - = - _ w E 3 E _ - ' o ci. C v0 — E L °' C & 6 - S = _ ; E co t E E ; Lu Q 3 E - - _ _ U � U N V .- 4 i .o u a d t v ' o L' $ $ o _ m - ; - N U L ¢ A u ry . .. -. ., N o 'a „ ' rv : N tg Y J LL o d m °1 .Y .. H ry ry N � m m m .n m _z c S r m N ,o Tr ° ' i N ,n¢ u a .2 g F E - _ _ - _ m c ° c = _ e _ _ __Si a c p > ° u L d o - _ Z _ z o E _ € 3 `l 11 X ' m _ _ a,43 15 « a LL •E ti • • t $8 0 r. 3 Y N ry ,p< v a I- I— Mum IfignIE. is 11111.__ ____ „, Binfr I 1-13-;I a 1 R.,11.11 1111111111111 Mill als,.!botimor4111111 Vat 1111 INK II,i 11 111 Ill 111 1111, a Illil . ,,r, unip-70L111111110111111111 11111111111111111 Ili11111 inioggivii I I- air_ so.... otilm i si, —I ..- ..„,,,,m, ,...,- ....., LocostAt 2 IN 111111U101111,.,, — •,-C i its air: 1 golim um E Illie IRO a a z m aiwi,-__ , 'z s,zct • mu= mu Hie r-- iim of ma It En z Will 111111 11111111#41111116 i.111 I No.. ---:..- — Maple ._ ..z. ---- ----. suil,:! lig is nas::=9. 1 St 1 n ii Immo= - nim .,,, • Corby-St ., c 0 , k,-,,_-_-_-‘-----: 11111Fil 1"6 1111111 1 I 6 In Ca10 .°'m.21 1 1 Will i z 1111 NM l' i fillatliti lat —111111 It'll 4 lialli: AliPl"k"I Inii MEI i .._ z mi,,,,, •r-j2----- Ed • L . -.• :,--„. ,,,eunnung ...., „. , . ei 1111111.0mo'st "M '14;-111111111111.0MA ;___11 lizn, onio_s_t Ns. unw 11 6.11 - ' ililliM 1111.01111111 MI) vv. 1111111°\''111-11Mililli phio.st,wit_-,.: ',.„-, NI z in Si u i ..6-. 17mm ‘ IN 1 _ociammoimis \ .., ,- NE* .W. -n 74 a i ;:7.7.4. MIL_ CadyAve a, IL:mim ISIA W.."' i,ibi El mal',,,%.iii (I: gilt N • Ilk' MI Mt. is' c(l') rum vil-di silillTIMI ,4,,,, . ,..........n •.—•-• 0,'''.-05... o rim_..n A 1°Iiin611&111.70.11'.".:- lila 1111111.1C1'it' fillrall 1,16141114%.111-111n1"1,1 riill Il 1 NM 3 0 150 300 600 0... ..Z.—.Pmr."."'nt-- al 1 mosEINIIIIIIMI. liffill ' • 1"11111111101ARIKO OM MI N 11 INNE Feet Wi I I i s_Av_e,.IIMIII III c.N . C Phase!Area Conceptual Piping Inventoried Pipes ......_ppProrrooppp000ssseeeddd itoeoronroidbeitnyed PROJECT NAME: 26TH AND CORBY SEWER <c' C SO' ....-.- sStaonrirotaty —Combined becomes Sanitary (... rib) SEPARATION STREET CORINGS S' il TETRA TECH -et-Combined 7 Combined becomes Storm Clean Solutions for Omaha FIGURE 3 ,i.. roposed Proposed -Ir. Force Main ..: Abandoned ri UP CPore Location (10 Core Location Proposed 108"(By Others) CSO PN: CSOP.02.02.2G00 'au 'ou e OPW#: 51778 DATE: 10/31/2011 1/1 r proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 a • a • m 3 u m m YI F. ry mn � n ry mm ry mrvn .. ry § mmry m � g 8 N S • m m .. m m n 74 m m n ry N ry ry g N {p O CD 4l C 8 • m u N I- f C E 3 • n E o E 2 N o oo V m - - oi _ EIF" dmm n�oE.. _ HoN ca t u os ' 371 :1fgz.11- ':?! :1 ; 76`° & .1.. ; ' Nto « ' X - - neE c YE _ _ am FNV '` ° m cv cola mcom a - a d o ' 6,' '8 '¢ f m - - - _ : a .1 2 a z m _ '° " _ a v a c A u m o ., - - m 3 - .�. aol n _f h m rn 0 o ' . 1 8 g 8 • o g LL of CC o ~.0 u 110 O N M , g S a . o R § u a ry a gs $ _ N erf:PH- ti . . . , m n ' R . . . . ' . . e n F. m O F C C ° OA VI - 01 c° Cl i RI °i o Y N C e o /p — v 3is VI C J 5 - ` o _ r n nn. G (p ° a c - . . c - o L o 0 E " A N o d CI. o. Pi a = . 'a y - _ ` = y, c >_ _ V c g - o - M1. u E E. - 9 a a E 8 a" A e E. e , .Q o . c - - _ - - .. V E , m t E _ E c E a c - c m CU s. `w o 2 m m E - - = d _ - - y c = = c - _ .1' o o - .m d a = c i oei V V t,, U H o - .E a - 6 m o c > ui d f c = 6 r - S o _ - _ o A A = v - = - _ w E 3 E _ - ' o ci. C v0 — E L °' C & 6 - S = _ ; E co t E E ; Lu Q 3 E - - _ _ U � U N V .- 4 i .o u a d t v ' o L' $ $ o _ m - ; - N U L ¢ A u ry . .. -. ., N o 'a „ ' rv : N tg Y J LL o d m °1 .Y .. H ry ry N � m m m .n m _z c S r m N ,o Tr ° ' i N ,n¢ u a .2 g F E - _ _ - _ m c ° c = _ e _ _ __Si a c p > ° u L d o - _ Z _ z o E _ € 3 `l 11 X ' m _ _ a,43 15 « a LL •E ti • • t $8 0 r. 3 Y N ry ,p< v a I- I— Mum IfignIE. is 11111.__ ____ „, Binfr I 1-13-;I a 1 R.,11.11 1111111111111 Mill als,.!botimor4111111 Vat 1111 INK II,i 11 111 Ill 111 1111, a Illil . ,,r, unip-70L111111110111111111 11111111111111111 Ili11111 inioggivii I I- air_ so.... otilm i si, —I ..- ..„,,,,m, ,...,- ....., LocostAt 2 IN 111111U101111,.,, — •,-C i its air: 1 golim um E Illie IRO a a z m aiwi,-__ , 'z s,zct • mu= mu Hie r-- iim of ma It En z Will 111111 11111111#41111116 i.111 I No.. ---:..- — Maple ._ ..z. ---- ----. suil,:! lig is nas::=9. 1 St 1 n ii Immo= - nim .,,, • Corby-St ., c 0 , k,-,,_-_-_-‘-----: 11111Fil 1"6 1111111 1 I 6 In Ca10 .°'m.21 1 1 Will i z 1111 NM l' i fillatliti lat —111111 It'll 4 lialli: AliPl"k"I Inii MEI i .._ z mi,,,,, •r-j2----- Ed • L . -.• :,--„. ,,,eunnung ...., „. , . ei 1111111.0mo'st "M '14;-111111111111.0MA ;___11 lizn, onio_s_t Ns. unw 11 6.11 - ' ililliM 1111.01111111 MI) vv. 1111111°\''111-11Mililli phio.st,wit_-,.: ',.„-, NI z in Si u i ..6-. 17mm ‘ IN 1 _ociammoimis \ .., ,- NE* .W. -n 74 a i ;:7.7.4. MIL_ CadyAve a, IL:mim ISIA W.."' i,ibi El mal',,,%.iii (I: gilt N • Ilk' MI Mt. is' c(l') rum vil-di silillTIMI ,4,,,, . ,..........n •.—•-• 0,'''.-05... o rim_..n A 1°Iiin611&111.70.11'.".:- lila 1111111.1C1'it' fillrall 1,16141114%.111-111n1"1,1 riill Il 1 NM 3 0 150 300 600 0... ..Z.—.Pmr."."'nt-- al 1 mosEINIIIIIIMI. liffill ' • 1"11111111101ARIKO OM MI N 11 INNE Feet Wi I I i s_Av_e,.IIMIII III c.N . C Phase!Area Conceptual Piping Inventoried Pipes ......_ppProrrooppp000ssseeeddd itoeoronroidbeitnyed PROJECT NAME: 26TH AND CORBY SEWER <c' C SO' ....-.- sStaonrirotaty —Combined becomes Sanitary (... rib) SEPARATION STREET CORINGS S' il TETRA TECH -et-Combined 7 Combined becomes Storm Clean Solutions for Omaha FIGURE 3 ,i.. roposed Proposed -Ir. Force Main ..: Abandoned ri UP CPore Location (10 Core Location Proposed 108"(By Others) CSO PN: CSOP.02.02.2G00 'au 'ou e OPW#: 51778 DATE: 10/31/2011 1/1 r proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, an Engineering Services Agreement with Tetra Tech, Inc. to provide professional design engineering services for the 26th & Corby Sewer Separation Project, known as project OPW 51778 was approved by Council Resolution No. 432 on April 13, 2010; and WHEREAS, additional services are required for the final design and bidding phases of this project; and, WHEREAS, Tetra Tech, Inc. has agreed to perform the additional services needed as detailed in the attached Amendment No. 1 to the Agreement, which by this reference is made a part hereof, for an additional fee not exceed $1,393,292 to be paid from Sewer Revenue Improvement Fund 21124, CSO Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, Amendment No. 1 to the Engineering Services Agreement with Tetra Tech, Inc. for the provision of additional final design and bid phase services for the 26th& Corby Sewer Separation Project, known as project OPW 51778, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the additional fee not to exceed $1,393,292 for these engineering services from the Sewer Revenue Improvement Fund 21124, CSO Implementation Organization 116918, Sewer Revenue Bonds will be issued to finance this project. 1319htp APPROVED AS TO FORM: J I, // z8-(i QpCITY ATTORNEY DATE By lairet0 Co ci member Adopted ii,v)EC 1 3 2011 .8 C k /1//sl�� Approved (2vOkaMayor o. Pi a = . 'a y - _ ` = y, c >_ _ V c g - o - M1. u E E. - 9 a a E 8 a" A e E. e , .Q o . c - - _ - - .. V E , m t E _ E c E a c - c m CU s. `w o 2 m m E - - = d _ - - y c = = c - _ .1' o o - .m d a = c i oei V V t,, U H o - .E a - 6 m o c > ui d f c = 6 r - S o _ - _ o A A = v - = - _ w E 3 E _ - ' o ci. C v0 — E L °' C & 6 - S = _ ; E co t E E ; Lu Q 3 E - - _ _ U � U N V .- 4 i .o u a d t v ' o L' $ $ o _ m - ; - N U L ¢ A u ry . .. -. ., N o 'a „ ' rv : N tg Y J LL o d m °1 .Y .. H ry ry N � m m m .n m _z c S r m N ,o Tr ° ' i N ,n¢ u a .2 g F E - _ _ - _ m c ° c = _ e _ _ __Si a c p > ° u L d o - _ Z _ z o E _ € 3 `l 11 X ' m _ _ a,43 15 « a LL •E ti • • t $8 0 r. 3 Y N ry ,p< v a I- I— Mum IfignIE. is 11111.__ ____ „, Binfr I 1-13-;I a 1 R.,11.11 1111111111111 Mill als,.!botimor4111111 Vat 1111 INK II,i 11 111 Ill 111 1111, a Illil . ,,r, unip-70L111111110111111111 11111111111111111 Ili11111 inioggivii I I- air_ so.... otilm i si, —I ..- ..„,,,,m, ,...,- ....., LocostAt 2 IN 111111U101111,.,, — •,-C i its air: 1 golim um E Illie IRO a a z m aiwi,-__ , 'z s,zct • mu= mu Hie r-- iim of ma It En z Will 111111 11111111#41111116 i.111 I No.. ---:..- — Maple ._ ..z. ---- ----. suil,:! lig is nas::=9. 1 St 1 n ii Immo= - nim .,,, • Corby-St ., c 0 , k,-,,_-_-_-‘-----: 11111Fil 1"6 1111111 1 I 6 In Ca10 .°'m.21 1 1 Will i z 1111 NM l' i fillatliti lat —111111 It'll 4 lialli: AliPl"k"I Inii MEI i .._ z mi,,,,, •r-j2----- Ed • L . -.• :,--„. ,,,eunnung ...., „. , . ei 1111111.0mo'st "M '14;-111111111111.0MA ;___11 lizn, onio_s_t Ns. unw 11 6.11 - ' ililliM 1111.01111111 MI) vv. 1111111°\''111-11Mililli phio.st,wit_-,.: ',.„-, NI z in Si u i ..6-. 17mm ‘ IN 1 _ociammoimis \ .., ,- NE* .W. -n 74 a i ;:7.7.4. MIL_ CadyAve a, IL:mim ISIA W.."' i,ibi El mal',,,%.iii (I: gilt N • Ilk' MI Mt. is' c(l') rum vil-di silillTIMI ,4,,,, . ,..........n •.—•-• 0,'''.-05... o rim_..n A 1°Iiin611&111.70.11'.".:- lila 1111111.1C1'it' fillrall 1,16141114%.111-111n1"1,1 riill Il 1 NM 3 0 150 300 600 0... ..Z.—.Pmr."."'nt-- al 1 mosEINIIIIIIMI. liffill ' • 1"11111111101ARIKO OM MI N 11 INNE Feet Wi I I i s_Av_e,.IIMIII III c.N . C Phase!Area Conceptual Piping Inventoried Pipes ......_ppProrrooppp000ssseeeddd itoeoronroidbeitnyed PROJECT NAME: 26TH AND CORBY SEWER <c' C SO' ....-.- sStaonrirotaty —Combined becomes Sanitary (... rib) SEPARATION STREET CORINGS S' il TETRA TECH -et-Combined 7 Combined becomes Storm Clean Solutions for Omaha FIGURE 3 ,i.. roposed Proposed -Ir. Force Main ..: Abandoned ri UP CPore Location (10 Core Location Proposed 108"(By Others) CSO PN: CSOP.02.02.2G00 'au 'ou e OPW#: 51778 DATE: 10/31/2011 1/1 r proceeding purporting to affect such property,whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation so to do,to commence,appear in or defend any such action,whether brought by or against Trustor,Beneficiary or Trustee,or with or without suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action or proceeding;and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes,may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee,including costs of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to any action for the condemnation or partition of such property. 3 I pci . � °. c .cs c v9 .n b .� ¢ cu 0 �CD CD 77 o- $11CD CD cD -. O * Q' — co I. 'S n n P "C 0 T \\ cw $4. 1-ri cp cD .0 ,,.--P• .-r- 0 \ p. O N�' _. N ' Q ai. r C�. f . O Ef3 .�. Cp Or N g a BCD 0" (7 j 0 — N N O P.. N R° cm 0 n C4 C/] N P A' O CDC) 0 O () 0 t< ..+ O O n N A.7 O • • • v. . N. = N C/) Q CD cn rr N 2HIUUI cu ?,'. ?y. `°� ,_,, '- �'—'• A 41D0 '-, .°1 '° p CD t ' -, CCDD `.3 0 CD A)CD ' ,C N maha p:\LAW-COUNCIL DOCUMENTS\2011\20073vIj 1 A