RES 2011-0386 - PO to Vulcan Aluminum for sign faces (614;*v.t.s.
,ii 'sRECEIVED Public Works Department
r > +�r ��.
•.:_meµ=/et,1 3 n �q p Omaha/Douglas Civic Center
f-M'Ar� ' .tW � _.April 5, 2011 Fill PM 1819 Farnam Street,Suite 601
o'• �~ Omaha,Nebraska 68183-0601
ASKA
�OQ ��ro (402)444-5220
�rFD FEB?'�r Fax(402)444-5248
City of Omaha CITY CLERK
( M&E� s �� Robert G.Stubbe,P.E.
Jim Suttle,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Bid Tabulation and a Resolution authorizing the Purchasing Agent to issue a
Purchase Order to Vulcan Aluminum on the bid for the purchase of aluminum sign faces and sign blanks
to be utilized by the Traffic Maintenance Division. •
The following bids were received on March 9,2011. A detailed bid tabulation is attached.
Contractor Total Bid
VULCAN ALUMINUM $21,914.50 (LOW BID)
Custom Products $22,242.00
Neuman Signs $23,945.00
Rocal $27,859.00
Iowa Prison Industries $30,345.00
A copy of the bid'documents is on file and available for inspection and review in the City Clerk's office.
The Contractor has a current Contract Compliance Report Form (CC-1) on file. As is City policy, the
Human Rights and Relations Department will review the contractor to- ensure compliance with the
Contract Compliance Ordinance.
The Finance Depai tiuent is authorized to pay the cost of the purchase of aluminum sign faces and sign
blanks to be utilized by the Traffic Maintenance-Division from the Street and Highway Allocation Fund
12131, Street Name Signs Program Organization 116185 in the amount of$4,198.00, and from Traffic
Control Signs Organization 116188 in the amount of$17,716.50,year 2011 expenditures.
The Public Works Depattiiient recommends the acceptance of the bid from Vulcan Aluminum in the
amount of$21,914.50, being the lowest and best bid received within the bid specifications, and requests
your consideration and approval of this Resolution. .
Respectfully submitted, Referred to City Council for Consideration:
3-/V- i Goan'.,i. 1 ,01\1kil 1_.kiI1i
Ro ert G. Stubbe,P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding: Approved:
a7--,---,--- ,-/6-Y
ith Q.A. Lif22-4/l L
Pam Spaccarotella Date uman Rights and Re ations Date
ciji) Finance Director Depas tinent
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roject not for the benefit of any other persons or entities. Neither Client nor
representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the
means, methods, techniques, sequences or procedures; for written consent of the other.
construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT
contractor(s')failure to perform its work in accordance with the contract
documents. These Terms and Conditions and the above-referenced Letter,
B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD
or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All
on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises
BMCD's employees or subcontractors. If any hazardous wastes not
and conditions relating to BMCD's services for the Project are
identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not
and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant,
part of this Agreement. Said purchase order documents, whether or
not signed by BMCD,shall be considered only as an internal document
contaminant,toxic,or hazardous substance at the site.
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
•
incurred to the date of receipt of notice of termination,plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet uneamed and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc
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roject not for the benefit of any other persons or entities. Neither Client nor
representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the
means, methods, techniques, sequences or procedures; for written consent of the other.
construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT
contractor(s')failure to perform its work in accordance with the contract
documents. These Terms and Conditions and the above-referenced Letter,
B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD
or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All
on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises
BMCD's employees or subcontractors. If any hazardous wastes not
and conditions relating to BMCD's services for the Project are
identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not
and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant,
part of this Agreement. Said purchase order documents, whether or
not signed by BMCD,shall be considered only as an internal document
contaminant,toxic,or hazardous substance at the site.
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
•
incurred to the date of receipt of notice of termination,plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet uneamed and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc
• FEB252011 ,I
,- DOUGLAS COUNTY +`
• ___. • REQUEST FOR BID AND BID SHEET `
ON: CITY OF OMAHA Aluminum Sign Faces and Sign Blanks f
RETURN BIDS TO: Published: February 23,2011 • Page 1
CITY CLERK,LC-1,OMAHA-DOUGLAS CIVIC CENTER
1819 Farnam Street BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT 5%
Omaha,Nebraska 68183-0011 IF THE TOTAL AMOUNT FOR THE ITEM OFFERED IS$20,000 OR MORE.
BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO
"CITY OF OMAHA"
NOT AN ORDER Bid Opening Time&Date: 11:00 A.M.on Wednesday,March 09,2011
IMPORTANT
1. Bid must be in the office of the CITY CLERK,LC-1,OMAHA-DOUGLAS CIVIC CENTER, 4. If Federal Excise Tax applies,show amount of same and deduct.
1819 Famam Street,Omaha,NE 68183.0011 by the closing date and time indicated Exemption certificates will be furnished. Do not include tax in bid.
in a sealed envelope marked:
BID ON:CITY OF OMAHA Aluminum Sign Faces and Sign Blanks 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES.
•
2. As evidence of good faith a bid bond or certified check must be submitted with bid. 6. When submitting bid on items listed,bidder may on a separate sheet,make '
Bid bond or certified check shall be made payable to"City of Omaha" suggestions covering reduction in costs wherever this is possible through '
FAILURE TO DO SO IS CAUSE FOR REJECTION. redesign,change of material or utilization of standard items or quantity change. •
3. Right is reserved to accept or reject any or all bids in their entirety and the bidders shall 7. If you do not bid,return sheets with reason for declining. Failure to do so will indicate
have the right to apptial any decision to the City Council. Right is also reserved to your desire to be removed from our mailing list.TABULATION SHEETS FOR THE BIDS
accept or reject any part of your bid unless otherwise indicated by you. SUBMITTED ARE AVAILABLE ON THE DOUGLAS COUNTY WEBSITE AT
www.douolascounjypurchasina,orq. DO NOT CALL FOR THIS INFORMATION.
Quote your lowest price,-best delivery and terms,F.O.B.delivery point on the item(s)listed below:
QUANTITY DESCRIPTION UNIT PRICE EXTENSION
Aluminum sign faces and sign blanks. See page two of '
bid sheets for item list.
TOTAL ALL OR NONE BID: $ 21,914 50
(5%Bid Bond is to be based
upon this amount)
'Questions regarding this bid should be directed to:
Tom Kraus at (402)444-5160
REQUIREMENTS FOR BID BOND: The surety company issuing the bid bond or the performance bond should be licensed by the State of
Nebraska and listed on the current edition of Circular 570 of the United States Department of the Treasury. A certified check, an official
bank check, or cashiers check drawn on a national bank or a bank chartered under the laws of the state, payable to the city, or lawful
money of the United States,or a United States Governement Bond(negotiable)are acceptable substitutes for bond requirements.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms 0 %Net 30 Firm: Vulcan Aluminum Incorporated In: Alabama
Delivery(or completion) Name: J.Todd Koniar Signature: � •
30-45 calendar days following Title: Sales Manager Phone: 888-846-2745 Fax: 251/943-7590
award Address: P.O. Box 1850 Foley, AL 36536-1850
Street/P.O.Box City State Zip
Email Address: vulcan1( vulcaninc.corn
I 0 1
- ' . . VAS rr 2: z
Lr.'.4 I Iiiiaj•iiii I 0 f 11
.
roject not for the benefit of any other persons or entities. Neither Client nor
representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the
means, methods, techniques, sequences or procedures; for written consent of the other.
construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT
contractor(s')failure to perform its work in accordance with the contract
documents. These Terms and Conditions and the above-referenced Letter,
B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD
or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All
on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises
BMCD's employees or subcontractors. If any hazardous wastes not
and conditions relating to BMCD's services for the Project are
identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not
and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant,
part of this Agreement. Said purchase order documents, whether or
not signed by BMCD,shall be considered only as an internal document
contaminant,toxic,or hazardous substance at the site.
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
•
incurred to the date of receipt of notice of termination,plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet uneamed and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc
•
} ,- ` M, .
j ' 1,
DOUGLAS COUNTY .•
REQUEST FOR BID & BID SHEET '
ON: CITY OF OMAHA ALUMINUM SIGN FACES & SIGN BLANKS
•
NOT AN ORDER Page
QUANTITY DESCRIPTION UNIT PRICE EXTENSION
(each)
50 36"Yield Face w/3M hip sheeting sign blanks (R1-2) BID/each: $ 7.73 $ 386.50
250 36"Square Sign Blank (F1) BID/each: $ 18.88 $ 4,720.00
300 30"Square Sign Blank (M1) BID/each: $ 13,08 $ 3 92d 00
300 24"x30" Rect Sign Blank (Q1) BID/each: $ 10.41 $ 3,123.00
300 18"x24" Rect Sign Blank (V1) BID/each: $ R 99 $ 1,697 00
. 200 30"x42" Rect Sign Blank (LL1) BID/each: $ 19 36 $ 3,676 00
200 9"x24" Extruded Street Name Sign (V3) BiD/each: $ 4.96 $ 992.00
200 9"x30" Extruded Street Name Sign (W3) BID/each: $ 6.17 $ 1,234.00
100 18"x48" Flat Street Name Sign (K3) BID/each: $ 19.72 $ 1,972.00
TOTAL ALL OR NONE BID: $ 21,914.50
(5 o Bid Bond is to be
based upon this
amount)
You are hereby on notice that as of October 1, 2009, Contractors are required to use E-Verify to determine work
eligibility of new employees who are physically performing services within the State of Nebraska.
If you have any questions go to the Department of Administrative Services website at www.das.state.ne.us
•
New Employee Work Eligibility Status(Neb. Rev. Stat. §4-108-114)
The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work
eligibility status of new employees physically performing services within Douglas County. A federal immigration
verification system means the electronic verification of the work authorization program authorized by the Illegal,
Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an
equivalent federal program designated by the United States Department of Homeland Security or other federal agency
authorized to verify the work eligibility status of a newly hired employee. ,
If the Contractor is an individual or sole proprietorship, the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department
of Administrative Services website at www.das.state.ne.us.
2. If the Contractor indicates on such at
testation form that he or she is a qualified alien, the Contractor agrees to
provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful
presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program.
3. The Contractor understands and agrees that lawful presence in the United States is required and the ,l
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev. Stat. §4-108. +i
SIGN ALL COPIES '
Firm V Ica Aluminum� f.
By
-q�
Title J.TodijKoniar t
alas Manager i
CONTINUATION SHEET
ts&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms 0 %Net 30 Firm: Vulcan Aluminum Incorporated In: Alabama
Delivery(or completion) Name: J.Todd Koniar Signature: � •
30-45 calendar days following Title: Sales Manager Phone: 888-846-2745 Fax: 251/943-7590
award Address: P.O. Box 1850 Foley, AL 36536-1850
Street/P.O.Box City State Zip
Email Address: vulcan1( vulcaninc.corn
I 0 1
- ' . . VAS rr 2: z
Lr.'.4 I Iiiiaj•iiii I 0 f 11
.
roject not for the benefit of any other persons or entities. Neither Client nor
representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the
means, methods, techniques, sequences or procedures; for written consent of the other.
construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT
contractor(s')failure to perform its work in accordance with the contract
documents. These Terms and Conditions and the above-referenced Letter,
B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD
or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All
on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises
BMCD's employees or subcontractors. If any hazardous wastes not
and conditions relating to BMCD's services for the Project are
identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not
and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant,
part of this Agreement. Said purchase order documents, whether or
not signed by BMCD,shall be considered only as an internal document
contaminant,toxic,or hazardous substance at the site.
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
•
incurred to the date of receipt of notice of termination,plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet uneamed and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
1
WHEREAS, bids were received on March 9, 2011 for the purchase of aluminum`sign
faces and sign blanks to be utilized by the Traffic Maintenance Division; and, =;
WHEREAS, Vulcan Aluminum submitted.a bid of$21, 914.50, being the lowest and best
bid received within the bid specifications, for the purchase of aluminum sign faces and sign
blanks.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the Purchasing Agent be authorized to issue a
Purchase Order to Vulcan Aluminum for the purchase of aluminum sign faces and blanks to be
utilized by the Traffic Maintenance.Division in the amount of$21,914.50; and, that the Finance
Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131,
Street Name Signs Program Organization 116185 in the amount of $4,198.00 and from the
Traffic Control Signs Organization 116188 in the amount of$17,716.50, year 2011 expenditures.
163411scp APPROVED AS TO FORM:
1-4,19 ,_-__ _.?-i.S-i/
6.2TY ATTORNEY DATE
By .,
.-Councilmember
Adopted
ry
�` _ City lerlw
Approved — 1
Mayor
sically performing services within the State of Nebraska.
If you have any questions go to the Department of Administrative Services website at www.das.state.ne.us
•
New Employee Work Eligibility Status(Neb. Rev. Stat. §4-108-114)
The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work
eligibility status of new employees physically performing services within Douglas County. A federal immigration
verification system means the electronic verification of the work authorization program authorized by the Illegal,
Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an
equivalent federal program designated by the United States Department of Homeland Security or other federal agency
authorized to verify the work eligibility status of a newly hired employee. ,
If the Contractor is an individual or sole proprietorship, the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department
of Administrative Services website at www.das.state.ne.us.
2. If the Contractor indicates on such at
testation form that he or she is a qualified alien, the Contractor agrees to
provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful
presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program.
3. The Contractor understands and agrees that lawful presence in the United States is required and the ,l
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev. Stat. §4-108. +i
SIGN ALL COPIES '
Firm V Ica Aluminum� f.
By
-q�
Title J.TodijKoniar t
alas Manager i
CONTINUATION SHEET
ts&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms 0 %Net 30 Firm: Vulcan Aluminum Incorporated In: Alabama
Delivery(or completion) Name: J.Todd Koniar Signature: � •
30-45 calendar days following Title: Sales Manager Phone: 888-846-2745 Fax: 251/943-7590
award Address: P.O. Box 1850 Foley, AL 36536-1850
Street/P.O.Box City State Zip
Email Address: vulcan1( vulcaninc.corn
I 0 1
- ' . . VAS rr 2: z
Lr.'.4 I Iiiiaj•iiii I 0 f 11
.
roject not for the benefit of any other persons or entities. Neither Client nor
representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the
means, methods, techniques, sequences or procedures; for written consent of the other.
construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT
contractor(s')failure to perform its work in accordance with the contract
documents. These Terms and Conditions and the above-referenced Letter,
B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD
or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All
on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises
BMCD's employees or subcontractors. If any hazardous wastes not
and conditions relating to BMCD's services for the Project are
identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not
and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant,
part of this Agreement. Said purchase order documents, whether or
not signed by BMCD,shall be considered only as an internal document
contaminant,toxic,or hazardous substance at the site.
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
•
incurred to the date of receipt of notice of termination,plus reasonable
costs incurred by BMCD in terminating the services. In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet uneamed and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc
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Exhibit "A"
Page 2 of 11
2011 2:26:19 PM, Bid Tabulation, Generated by: admin for project OPW 52124
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