The URL can be used to link to this page

RES 2011-0392 - Payment to Kiewit Institute Technology Development Corporation for caretaker house at Hummel Park Nature Camp K.t A i0MHA.^'�4A Parks, Recreation & ��'s� Public Property Department U ..l`s ' D Omaha/Douglas Civic Center 6oVh` ••••ili � PM 1 26 Omaha,Nebraska 68183 0701 o "~ a (402)444-5900 R�TFD FEBR3r �; " (; FAX(402)444-4921 City of Omaha O M A H A« 'N B R A S K A Melinda Pearson Jim Suttle,Mayor Director Honorable President and Members of the City Council, The purpose of this RESOLUTION is to authorize the Mayor to sign the attached Agreement between the City of Omaha and the Peter Kiewit Institute Technology Development Corporation, in the amount of$100,000.00, to furnish labor and materials to design and construct a new 900 square foot caretaker residence at the Hummel Park Nature Camp, located at 3033 Hummel 1 Road. The residence will be designed as a"Zneth"house—Zero Net Energy Test House. In accordance with the attached Agreement, the City will reimburse the Peter Kiewit Institute Technology Development Corporation $100,000.00 for the design and construction of this project. Peter Kiewit Institute Technology Development Corporation has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance. The Finance Department is authorized to pay for the construction of this project from the 2006 Parks & Recreation Bond Fund No. 13354 and Organization No. 117313, 2008 Issue Parks & Cultures Bond. The Parks, Recreation and Public Property Department requests your consideration and approval of the attached Resolution. Respectfully sub 'tted, ,21 Ulf eh da Pearson, Director Date Parks,Recreation and Public Property Department shed and ul u 1 in the Countyof Dou\ 1 tate of Nebraska. in genes c � �' g FL • . :'•l..Sy y+ �i�Q;:'GENERAi'••Fnj of Subscribed in presence and sworn to b re ��,� 23.9 j' rT r�L"D7vef ,„V i _ 4 me this 8th ay of A r 'tional Copies R EC$ April 0 11 fill �J '1 t�16 2(S,lk:3 40 (`,\,\F�`N� RpS� Notary P e of Nebras a oun y �Rrt Office or Commercial Use Sq.Ft. If you hav- - questions,bout is appip on, pleas contathe C en lanni Division at 444-5200. Owner's Signet re wner/ scant ignature f not t e p pe y owner,the applicant certificates with this signs re to be the authorized agent of the property owner.) 2/7/2011 Jerry G. Banks Date Submitted Print or Type Name of Applicant ature t b the authorized agent of the property owner.) / -- lv �- l1 r- ��d Date Submitted Print or Type Name of Applicant 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 Page -2- Honorable President and Members of the City Council Approved as to Funding: Approved: 31 Pam Spaccarotella v Date Human Rights and Relations Date Finance Director 40�3_I/ 3 Referred to City Council for Consideration: f4 4/ / Mayor's 6 ffice/Title Date p:1407tmb n \ _ a. C - og P1a al. .,, . � r) klt al CD i ,I Feu Cd n y co �. cn• L"1. k k \ ,.:„ (1\111 : • Ii l cr O p5 P� P ,� �, co CD c � CD co CD Q.. Q. P .-. - R � a c . k. \ "1 , f - 0 \ erated by: admin for project OPW 52124 r project OPW 52124 • ti AGREEMENT THIS AGREEMENT is hereby made and entered into this 5 day of March, 2011 by and between the CITY OF OMAHA, a municipal corporation organized and existing under the laws of the State of Nebraska located in Douglas County, Nebraska, (hereinafter referred to as "City") and PETER KIEWIT INSTITUTE TECHNOLOGY DEVELOPMENT CORPORATION, a Nebraska nonprofit corporation, with its principal place of business at The Peter Kiewit Institute at the University of Nebraska at Omaha, 1110 S 67th Street, Omaha,NE, 68182, (hereinafter referred to as "Corporation"). WHEREAS, the Corporation desires to build and monitor a zero net energy house for research and educational purposes; and, WHEREAS, the City desires a home to be constructed at Hummel Park for use by its park caretaker in conjunction with its renovation of the Hummel Park Day Camp facility and the construction of a Hummel Park Day Camp activities center; and, WHEREAS, the parties have agreed to collaborate on such project and desire to set forth their respective rights obligations and duties in connection therewith. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the City and the Corporation do hereby mutually undertake, promise, agree and contract each for itself and its successors and_assigns as follows: I. PURPOSE The purpose of this Agreement is to specify the terms and conditions upon which the Corporation will design, build and construct a zero net energy house ( hereinafter the "Hummel ZNETH ") at a site in Hummel Park, (hereinafter the "Site") which is more specifically designated on the attached Exhibit " A" which is incorporated herein by this reference. Such Hummel ZNETH shall be in substantial conformance with the plans and specifications (hereinafter the "Plans") which are attached hereto as Exhibit "B" and incorporated herein by this reference, and shall be developed and constructed substantially in accordance with the construction schedule, (hereinafter the "Schedule") which is attached hereto as Exhibit "C" and incorporated herein by this reference. Such Hummel ZNETH shall be constructed in accordance with the budget (hereinafter the "Budget") which is attached hereto as Exhibit "D" and incorporated herein by this reference. II. TERM The term of this Agreement shall be approximately three (3) years commencing on the date of execution and ending on December 31, 2014. - questions,bout is appip on, pleas contathe C en lanni Division at 444-5200. Owner's Signet re wner/ scant ignature f not t e p pe y owner,the applicant certificates with this signs re to be the authorized agent of the property owner.) 2/7/2011 Jerry G. Banks Date Submitted Print or Type Name of Applicant ature t b the authorized agent of the property owner.) / -- lv �- l1 r- ��d Date Submitted Print or Type Name of Applicant 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 III. RIGHTS,DUTIES AND OBLIGATIONS OF CORPORATION Corporation agrees to: 1. design and construct the Hummel ZNETH on the. Site in accordance with the Plans, Construction Schedule and Budget on or before October 1, 2011; 2. obtain any and all applicable permits, inspections, reviews, certificates of approval, certificates of occupancy or other similar approvals from any federal, state or local government, agency or authority with regulatory powers, including, but not limited to, the City of Omaha, which are necessary to construct and occupy the Hummel ZNETH; 3. coordinate with City to assure that construction of the Hummel ZNETH will not • materially negatively impact (a) City's construction of the Hummel Park Day Camp building/nature center on a location adjacent to the Site or (b) City's operation of the Hummel Park Day Camp youth program between June 1, 2011 and August 1, 2011; 4. submit timely detailed reimbursement requests in accordance with the Schedule of Values (hereinafter the "Schedule of Values") which is attached hereto as Exhibit "E" and incorporated herein by this reference; 5. participate with City representatives on a selection committee to determine all finishes, colors and materials for the interior and exterior of the Hummel ZNETH (to the extent that such finishes, colors and materials are consistent with the Plans); 6. provide City, for its review and approval, a list of all subcontractors to be utilized by Corporation on the Hummel ZNETH in advance of the initiation of construction; 7. provide lien waivers from all subcontractors on completion of the Hummel ZNETH; 8. coordinate with City to determine access to the Site, vehicle parking locations, and deliveries and equipment drop off locations and times. This is required due to concurrent road construction and repairs in Hummel Park and operation of the Hummel Park Day Camp program. No deliveries will be permitted between 8:00 a.m. and 9:30 a.m. Monday through Friday and 2:00 p.m. through 4:00 p.m. Monday through Thursday; 9. remove, at Corporation's cost, upon City's request the Hummel ZNETH or any partial construction thereof, if Corporation abandons the construction; 2 ce. II. TERM The term of this Agreement shall be approximately three (3) years commencing on the date of execution and ending on December 31, 2014. - questions,bout is appip on, pleas contathe C en lanni Division at 444-5200. Owner's Signet re wner/ scant ignature f not t e p pe y owner,the applicant certificates with this signs re to be the authorized agent of the property owner.) 2/7/2011 Jerry G. Banks Date Submitted Print or Type Name of Applicant ature t b the authorized agent of the property owner.) / -- lv �- l1 r- ��d Date Submitted Print or Type Name of Applicant 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 10. provide City with ownership and control of Hummel ZNETH upon completion of construction and payment of the reimbursement requests submitted by the Corporation in accordance with the Schedule of Values, except as otherwise specified herein, and relinquish any claim of ownership of the Hummel ZNETH - thereafter; 11. comply with the terms of the Section 0500 General Conditions of the Contract which are attached hereto as Exhibit "F" and incorporated herein by this reference; and, 12. Corporation may install temporary equipment, sheds or other devices for testing and experimentation of the Hummel ZNETH with the approval of the City,.which shall be removed at a mutually agreed date. Such equipment, structures, devices and installations shall be the property of the Corporation. Upon removal by the Corporation, the Corporation will restore the site to its original condition. 13. Corporation shall have sole ownership and right of use of any and all intellectual property rights developed or created with respect to the design, construction methodologies, and Plans for the Hummel ZNETH and with respect to any and all data collected or derived from the Corporation's monitoring of the Hummel ZNETH. Corporation may, without the prior consent of the City, publish information and research with respect to this Agreement, the services provided by the Corporation hereunder and the data and derivative works developed therefrom. IV. RIGHTS,DUTIES AND OBLIGATIONS OF CITY The City agrees to: 1. provide grading of the Site to the floor elevations specified in the Plans; 2. reimburse Corporation in an amount not to exceed $100,000 for the construction of the Hummel ZNETH in accordance with the Schedule of Values. Such reimbursements shall be made within thirty days of submission if approved by City after review; 3. provide Corporation with a sales tax exemption certificate for purchase of materials used in construction of the Hummel ZNETH; 4. provide fencing on the perimeter of the Site to provide a secure space for the construction of the Hummel ZNETH and provide security for the Site consistent with security provided by the City at Hummel Park; 5. provide inspection for general compliance with the Plans; 3 ncing on the date of execution and ending on December 31, 2014. - questions,bout is appip on, pleas contathe C en lanni Division at 444-5200. Owner's Signet re wner/ scant ignature f not t e p pe y owner,the applicant certificates with this signs re to be the authorized agent of the property owner.) 2/7/2011 Jerry G. Banks Date Submitted Print or Type Name of Applicant ature t b the authorized agent of the property owner.) / -- lv �- l1 r- ��d Date Submitted Print or Type Name of Applicant 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 6. waive all City of Omaha fees for building permits,plan review, and inspections; 7. timely participate on a selection committee to determine all finishes, colors, and materials for the interior and exterior of the Hummel ZNETH; 8. during the term of this Agreement and upon completion of the Hummel ZNETH permit Corporation periodic access to the mechanical room/control closet of the Hummel ZNETH, upon a minimum of 24 hours advance notice to City, to allow Corporation to take readings and make examinations of the controls therein, permit the Corporation to install and maintain certain monitoring devices and provide Corporation with all data with respect to energy and resource use at Hummel ZNETH; and, 9. provide sewer, water and septic stub outs to the Site and electrical service to the power box/ground mounted transformer to within ten feet (10') of the structure all at no charge to the Corporation; 10. provide electrical service to existing service panel; and, 11. agrees to accept ownership of the Hummel ZNETH upon completion of construction and retain ownership of same throughout the term of this Agreement. V. INDEMNIFICATION AND INSURANCE A. Corporation covenants and agrees to indemnify and hold harmless the City, its officers, agents and employees, their successors and assigns, individually or collectively from and against all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature asserted by Corporation or by anyone else, for personal injury or death, or property damage in any way arising out of or resulting from any activity or operation of Corporation in connection with its performance pursuant to this Agreement and Corporation further agrees to pay all expenses in defending against any claims made against the City; provided,however, that Corporation shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the City, its agents or employees. The City covenants and agrees to indemnify and hold harmless the Corporation, its officers, agents and employees,their successors and assigns,individually or collectively from and against all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature asserted by the City or by anyone else, for personal injury or death, or property damage in any way arising out of or resulting from any activity or operation of the City in connection with its performance pursuant to this Agreement and the City further agrees to pay all expenses in defending against any claims made against the Corporation;provided,however,that City shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the Corporation, its agents or employees. Corporation and the City shall give prompt and timely notice of any claim made or suit instituted which, in 4 lified 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 any way, directly or indirectly, contingently or otherwise, affects or might affect either party. B. Corporation shall procure and maintain in effect during the term of this Agreement, with companies licensed to do business in the State of Nebraska, public liability insurance with at minimum,policy limits of$1,000,000/$3,000,000 for bodily injury or death and property damage. Said policy shall expressly include the City as an additional named insured. Corporation may satisfy such requirement with self insurance. A certified copy of the policy or a certificate evidencing the existence thereof, shall be delivered to the City Finance Director within ten days after the execution of this Agreement. Each such copy shall contain a valid provision or endorsement that the policy may not be cancelled, terminated or materially changed or modified without giving thirty(30) days written advance notice thereof to the City. Each such policy shall contain an additional endorsement providing that the insured's carrier shall not, without obtaining express advance permission from the City, raise any defense involving in any way.the immunity of the City of Omaha, officers, agents or employees, the governmental nature of the City, or the provisions of any statutes -respecting suits against the City. C. Corporation shall furnish to the City satisfactory evidence that it carries Workers' Compensation Insurance in accordance with the laws of the State of Nebraska. D. Upon receipt of notice from the City, Corporation shall take such action as the City shall deem necessary and expedient to insure that the City of Omaha is held harmless from any liability from any cause whatsoever arising out of or resulting from any activity or operation of Corporation in connection with its performance pursuant to this Agreement to any person, individual or entity. E. Corporation shall procure and maintain in effect during the construction of the Hummel ZNETH,builders risk insurance with companies licensed to do business in the State of Nebraska. F. In the event the Corporation shall fail to obtain any such insurance, or shall permit any such insurance or other type of indemnity to lapse or become void,the City may terminate this Agreement. VI. INDEPENDENT CONTRACTOR It is understood and agreed by and between Corporation and City that any and all acts that Corporation or its personnel, employees, agents, contractors, or servants, perform pursuant to the terms of this Agreement shall be undertaken as independent contractors and not as employees of the City. The City and Corporation shall each act in their individual capacities and not as agents, employees, partners, joint venturers or 5 e or loss occasioned by the sole negligence or willful misconduct of the Corporation, its agents or employees. Corporation and the City shall give prompt and timely notice of any claim made or suit instituted which, in 4 lified 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 associates of the other. An employee or agent of one shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. Neither Corporation nor its personnel, employees, agents, contractors, or servants shall be entitled to any City benefits. The City shall not provide any insurance coverage to Corporation or its employees including, but not limited to, workers' compensation insurance. Corporation shall pay all wages, salaries and other amounts due its employees and shall be responsible for all reports, obligations, and payments pertaining to social security taxation, income tax withholding, workers' compensation, unemployment compensation, group insurance coverage, collective bargaining agreements or any other such similar matters. Corporation shall have no authority to bind the City by or with any contract or agreement, nor to impose any liability upon the City. All acts and contracts of Corporation shall be in its own name and not in the name of the City,unless otherwise provided herein. VII. RECORDS Corporation agrees to prepare, keep and maintain records, in a method, location and for a time period satisfactory to the City, necessary to determine that Corporation was in compliance with the terms of this Agreement. City shall have the right to audit and examine such records during usual business hours upon reasonable advance notice to Corporation. VIII. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE Annexed hereto as Exhibit "G" and made a part thereof by reference are the equal employment provisions of this Agreement. Refusal by Corporation to comply with any portion of this program as therein stated and described will subject the offending party to any or all of the following penalties: A. - Withholding of all future payments under the involved contracts to the contractor in violation until it is determined that Corporation is in compliance with the provisions of the contract; B. Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as Corporation demonstrates that it has established and shall carry out the policies of the program as herein outlined. IX. GENERAL CONDITONS A. NONDISCRIMINATION Corporation shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. 6 e undertaken as independent contractors and not as employees of the City. The City and Corporation shall each act in their individual capacities and not as agents, employees, partners, joint venturers or 5 e or loss occasioned by the sole negligence or willful misconduct of the Corporation, its agents or employees. Corporation and the City shall give prompt and timely notice of any claim made or suit instituted which, in 4 lified 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 B. CAPTIONS Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. C. APPLICABLE LAW Parties to this Agreement shall conform with all existing and applicable City ordinances, resolutions, state and local laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. D. INTEREST OF THE CITY Pursuant to section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial_ interest, direct or indirect, in any City contract. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the contract voidable by the Mayor or Council. E. INTEREST OF THE CONTRACTOR Corporation covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; it further covenants that, in the performance of this Agreement, no person having any such interest shall be employed. F. MERGER This contract shall not be merged into any other oral or written contract, lease or deed of any type. This is the complete and full agreement of the parties. G. MODIFICATION This Agreement contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth _ herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. H. APPROVAL OF AMENDMENTS The parties hereto acknowledge that, as of the date of the execution of this agreement, Section 10-142 of the Omaha Municipal Code provides as follows: 7 contracts with the City or any of its departments or divisions until such time as Corporation demonstrates that it has established and shall carry out the policies of the program as herein outlined. IX. GENERAL CONDITONS A. NONDISCRIMINATION Corporation shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. 6 e undertaken as independent contractors and not as employees of the City. The City and Corporation shall each act in their individual capacities and not as agents, employees, partners, joint venturers or 5 e or loss occasioned by the sole negligence or willful misconduct of the Corporation, its agents or employees. Corporation and the City shall give prompt and timely notice of any claim made or suit instituted which, in 4 lified 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 "Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a) by ten percent, if the original bid price is one hundred fifty thousand dollars ($150,000) or more, or(b)by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such - limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City Charter to approve immediate purchases." I. STRICT COMPLIANCE All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from an authorized representative. J. ASSIGNMENT Neither Corporation nor City may assign its rights under this Agreement without the express prior written consent of the other. K. SUCCESSORS AND ASSIGNS BOUND BY COVENANTS All covenants, stipulations and agreements in this Agreement shall inure to the benefit of the parties hereto and extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. L. AUTHORIZED REPRESENTATIVE In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for purposes of notice, including legal service of process, during the term of this Agreement and for the period of any applicable statute of limitations thereafter, the following named individuals shall be the authorized representatives of the parties: A. City of Omaha Melinda Pearson, Director Parks, Recreation and Public Property Department Omaha/Douglas Civic Center 8 A. NONDISCRIMINATION Corporation shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. 6 e undertaken as independent contractors and not as employees of the City. The City and Corporation shall each act in their individual capacities and not as agents, employees, partners, joint venturers or 5 e or loss occasioned by the sole negligence or willful misconduct of the Corporation, its agents or employees. Corporation and the City shall give prompt and timely notice of any claim made or suit instituted which, in 4 lified 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 1819 Farnam Street Suite 701 Omaha,NE 68183 B. Peter Kiewit Institute Technology Development Corporation Contract Representative Michael L. McGinnis 1110 S. 67th Street-PKI 301 Omaha,NE 68182 Technical Representative James Goedert, Associate Professor 1110 S. 67th Street-PKI 105A Omaha,NE 68182 EXECUTED this 70 day of March, 2011. ATTEST: PETER KIEWIT INSTITUTE TECHNOLOGY DEVELOPMENT GENERAL NOTARY-State of Nebraska CORPORATION b ARLYS K.BLAKEY .1 My Comm,Exp.Oct,26,2012 k1o_Slr- pONIL,g, i By It )/4-eg- Cl'(c-• 0---____ ec- %(-•e PprrCk /- Title jAls EXECUTED this day of March, 2011. CITY OF OMAHA, a Municipal Corporation ATTEST: -2' , `,City Cler ,. ity of Omaha Jim .. I e, a or of the City of Omaha _ APPROVED AS TO FORM: Cy f-'- C044-c_ 3-.71-i ( D y City Attorney p:\law-city council documents\2011\10075dae.doc 9 hall be made except upon written direction from an authorized representative. J. ASSIGNMENT Neither Corporation nor City may assign its rights under this Agreement without the express prior written consent of the other. K. SUCCESSORS AND ASSIGNS BOUND BY COVENANTS All covenants, stipulations and agreements in this Agreement shall inure to the benefit of the parties hereto and extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. L. AUTHORIZED REPRESENTATIVE In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for purposes of notice, including legal service of process, during the term of this Agreement and for the period of any applicable statute of limitations thereafter, the following named individuals shall be the authorized representatives of the parties: A. City of Omaha Melinda Pearson, Director Parks, Recreation and Public Property Department Omaha/Douglas Civic Center 8 A. NONDISCRIMINATION Corporation shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. 6 e undertaken as independent contractors and not as employees of the City. The City and Corporation shall each act in their individual capacities and not as agents, employees, partners, joint venturers or 5 e or loss occasioned by the sole negligence or willful misconduct of the Corporation, its agents or employees. Corporation and the City shall give prompt and timely notice of any claim made or suit instituted which, in 4 lified 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 Exhibit A Hummel Park ZNETH Site Plan ouncil Approved as to Funding: Approved: 31 Pam Spaccarotella v Date Human Rights and Relations Date Finance Director 40�3_I/ 3 Referred to City Council for Consideration: f4 4/ / Mayor's 6 ffice/Title Date p:1407tmb n \ _ a. C - og P1a al. .,, . � r) klt al CD i ,I Feu Cd n y co �. cn• L"1. k k \ ,.:„ (1\111 : • Ii l cr O p5 P� P ,� �, co CD c � CD co CD Q.. Q. P .-. - R � a c . k. \ "1 , f - 0 \ erated by: admin for project OPW 52124 r project OPW 52124 • ti �n (6 §,_ a U c 0- '' g 1.._ = , T., ., .., 1 Q8 t3 g F r, d piA\( ti lj df Fri `�'.41D 0.114 co ,gg 1 4 N d' ) 'oit s sg d pE s y co o m a � n =giasm 1is B n m 6 � 51 .lf gn;gg'Q o ' ier maNxx ggg €€ g 10 ri; 44 i .m"d : g 0'44 AEit$gt_°s s:se ) E `€ � fit ;' E b Z ups gg� €§��"�11 �_`' E�"lS�» $g�,�g1m1'€1x I LLJ `-'�w9Em ��`g�yeE42 ¢EE <'_s ��un�m.�� c� cs t CD ry 'Rx..4111mE£ rv>!1!1 F as 1 "4 ' w oo } I— „. } as O s§$ z 'R'iE L., ve5PE s3: Ow� .. ; �� B FA ;) 5 Pegg, 3� i i C i E 14 eg 4D 9 hall be made except upon written direction from an authorized representative. J. ASSIGNMENT Neither Corporation nor City may assign its rights under this Agreement without the express prior written consent of the other. K. SUCCESSORS AND ASSIGNS BOUND BY COVENANTS All covenants, stipulations and agreements in this Agreement shall inure to the benefit of the parties hereto and extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. L. AUTHORIZED REPRESENTATIVE In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for purposes of notice, including legal service of process, during the term of this Agreement and for the period of any applicable statute of limitations thereafter, the following named individuals shall be the authorized representatives of the parties: A. City of Omaha Melinda Pearson, Director Parks, Recreation and Public Property Department Omaha/Douglas Civic Center 8 A. NONDISCRIMINATION Corporation shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. 6 e undertaken as independent contractors and not as employees of the City. The City and Corporation shall each act in their individual capacities and not as agents, employees, partners, joint venturers or 5 e or loss occasioned by the sole negligence or willful misconduct of the Corporation, its agents or employees. Corporation and the City shall give prompt and timely notice of any claim made or suit instituted which, in 4 lified 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 Exhibit B Hummel Park ZNETH Construction Plan Approved as to Funding: Approved: 31 Pam Spaccarotella v Date Human Rights and Relations Date Finance Director 40�3_I/ 3 Referred to City Council for Consideration: f4 4/ / Mayor's 6 ffice/Title Date p:1407tmb n \ _ a. C - og P1a al. .,, . � r) klt al CD i ,I Feu Cd n y co �. cn• L"1. k k \ ,.:„ (1\111 : • Ii l cr O p5 P� P ,� �, co CD c � CD co CD Q.. Q. P .-. - R � a c . k. \ "1 , f - 0 \ erated by: admin for project OPW 52124 r project OPW 52124 • ti it z „VII Jw ~ d g r x O U !p • /di A • i a 1 g e o 6 h i l i i ? I I i 1 Mi lli • a i��i!WBI c a 111 ii 5 ii ffiliai111 / ie1i1I1I O DE®EI®IH®E®1E0®ONIl7INla 11111111 1....= Oi 111MM E 4 g ,gili4g.9. $ iHillei ill1 $ .k1 ili 1ii g ;.� dig a $ i .nti l li il D co O W :^mow- III esK i_. tld gniggi(fi e 4e3 ti &@Y. 6H,Jbltic aiod84eEi >0> 4a€eFt I x z I�� F i p w ct_ 1 iiiiiiiiiiihiiiithhIllibillikidialighdiddifilliiiiiiiIii . Z1—W W w- . z 2 s:*+t. I m g e J. O 1: i a .::01o173ries iic831.3�0 1i13i§ocg6Agao E@d13�ge9"gEce?ca3og345v is..fir N N = LL;,Jt i ge ;kI: �a k #gi g tl S €yR �i 8f �9� y 1 N : 1 4 Eg42e ¢ Ii i; yei! 1fllag tn I e { p 11 IN € , L !ih / �¢ ' I I IIi !IL. g 1 „i i1 !t F1 0 $ l. . 1 k , Al 1i 9 . _iI !h : : .i u aI Z1g : • a V $ . 6!g18! u 1I • ..,.` a®s o p b mil U 4 t [3 \ __ ___—,'l.+_°___�_.—. _. fd said cP U €a6 es hereto. L. AUTHORIZED REPRESENTATIVE In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for purposes of notice, including legal service of process, during the term of this Agreement and for the period of any applicable statute of limitations thereafter, the following named individuals shall be the authorized representatives of the parties: A. City of Omaha Melinda Pearson, Director Parks, Recreation and Public Property Department Omaha/Douglas Civic Center 8 A. NONDISCRIMINATION Corporation shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. 6 e undertaken as independent contractors and not as employees of the City. The City and Corporation shall each act in their individual capacities and not as agents, employees, partners, joint venturers or 5 e or loss occasioned by the sole negligence or willful misconduct of the Corporation, its agents or employees. Corporation and the City shall give prompt and timely notice of any claim made or suit instituted which, in 4 lified 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 O 8 I9"a �3 a p =Q N O ""e ? aam i & is r- 1/ W Fo:® Er zit 's d c gg�SQ as N O H�n�<=° g 0 g`8 hill l a W h : H d� 1 '> �� a»Kxx 0 % w� 8, a 8 ��2Th 3 • z H sw o .TA -? 3 „LLzrc Igg 3» gg og¢�u s6 SSw 7, -, ws 1 �Q ®uEaCN i �u s§ Z of p� ° Doi a 8 11 - W rc EL` a. as =°go% z ' W W W ,,, I 8 w I� 4 o I 8 d k____I IC _ w I Li I • 1 1 ocy .dD� 00 1---- ----- -71.: d t n�i +--�� '� <11 U_ luil 0 co IfM1O i C i _ ( , 9 a ® , „,., i� r . ,_ w • .,i, ,_ __,„ • f 2,,,,,1 ; , w 9 I h. / �¢ ' I I IIi !IL. g 1 „i i1 !t F1 0 $ l. . 1 k , Al 1i 9 . _iI !h : : .i u aI Z1g : • a V $ . 6!g18! u 1I • ..,.` a®s o p b mil U 4 t [3 \ __ ___—,'l.+_°___�_.—. _. fd said cP U €a6 es hereto. L. AUTHORIZED REPRESENTATIVE In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for purposes of notice, including legal service of process, during the term of this Agreement and for the period of any applicable statute of limitations thereafter, the following named individuals shall be the authorized representatives of the parties: A. City of Omaha Melinda Pearson, Director Parks, Recreation and Public Property Department Omaha/Douglas Civic Center 8 A. NONDISCRIMINATION Corporation shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. 6 e undertaken as independent contractors and not as employees of the City. The City and Corporation shall each act in their individual capacities and not as agents, employees, partners, joint venturers or 5 e or loss occasioned by the sole negligence or willful misconduct of the Corporation, its agents or employees. Corporation and the City shall give prompt and timely notice of any claim made or suit instituted which, in 4 lified 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 I aG a; �`t ; •g U m rC ° . - 2Y $ as LL N 2 N 3`4 @ 3 U NCQ -- C of . 5A=gs w =Fa vs z ` aa!L Q • W z4nm4 s ` ) Z .3 N pN ° T E "- @ t aNd DUI �rSSFv g8 I I I CC g fi e gg fi i § i 1 I li •• i 5p 1 € 6gY4¢E¢¢ g�pg gZ €_e� �S 9 A p n� p fiH t 4 is g' 1- °g g n 8 E g w I> 2 g u) 9 1 p. glli€pd !loll ,I p • 2� IR o o � z-F_ W � 111 s�gig 3°�a �� ' gig � �p`e-�g € e Hi w § 'w ? Ez-p 1- L H ln& fi°H^z" 6? 11'. R111' $ 1 ,a& 5 H Ig EfsE� 8 yea w P s NEag'8 • aL fi i.tsgrg bE ilt 0 _� - Fa ��- LL _ aZ—i W ,E<'via$a£i. �<a: Ef_ .,;;Eio. _7.II I -PLg c- .- c z E ;�• 4gIENUPSHEEWON as_E€ E€e:€. p Pp � ! Sx:"z :SFve@51 i� E€e_ YS : a _ E • oApt E ; S C E P! E P€ PE E F :// i pi F �4.P PH' P EL p ; L- :. P.ln-- @ @ E .. _ a P E !-a .Y P - §a= h`11- pE 1 C ./Eai rot ' opqqinitv @r. '4roe- °E -.iisi i# # #A # :,s Fp FuPep" 7 _ -1. 1.:c �I + P t t 4tzt `ai ytJJ f.. E - L ,.ti._ _ ylaWa + .@ :Ep lip ikt ;A_ + ti # Eigi - MP7 __grs1HEAiii+ . H eH aY! r e;P_ I ST - r . ,FI F Fa=tt.�. @P.z# " # � d = E, .°E.."� .,- ..E4.i� -_e4 PE@v@Ftl f.+^ 'EEe€: lii tEa lal I yy -` .@ 4r 141;illigliglIAAIi. .EtiE:Eir-PLS €!e €s L ;. _ ^+ii `� v s Pk.p 4 Hwy EE E .t=pJ c `f Ir I 0- I °e_ - '@-V.-a °e- Ili -Riga € a eagi § b b 1 1 I --�j P ---- o- - - iPs 6 , I s I� tee:....._,,. SE 'as: IEEM H: _....;—.. Eh I... EF.tirmi. �. II 1 • ita lEiiEiiqiEffiEiiiiiEE). 0fier SE "Bo iY , 1 'Eo EE"EEE __EE!iE"EEEIIEEEEMIIIIIIIIIIIE — a'sEi:Ek II 1 mi. �4 �a 4 b 4e • b b aD the Corporation, its agents or employees. Corporation and the City shall give prompt and timely notice of any claim made or suit instituted which, in 4 lified 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 8 f w.oscn4�c I a8 d Q C C 0 ;6.5- 2 ~ 0 $ fd e ' LL h Ea ao. E b w az 0 0 0p - bE op iOIq 0 f a I=III E S of LL I' III 1 I I r111 I III ./I II—If b IIII II— 4@ I <_W!IIII ullllll -1E ! !. 111 4D 'I~ - W111111111 >i! o L =III 111— iiaiCliL '1EI1T.=1l 1 g o— -- . . n . F o------------s. . ... -- �r ��`p EIS b V -II b EII1 lea § 0 0 LL�i Fi.lo ' § 21 ' 11 11 al , 1 I— 0-—— I •1=- , ti,1 M o- 551 N4 'p 11 -I y til4 11 ytl;1 I {—!I� I=11 1��II y ��III k i5 .94 TITa -IIIIII=• !iiñl 1-1II i I,14 "1 � El II Il 8 :,+,F,t-Ir III— :'^ II ` MITI ' ! '' V,e`'11.1111 it I' 111 04 x-s s• 5`K I a:I-I• i�' i-I, k I:..> IE 2 ?..41al;, ! �1n Ir F': lT— 4fl[`irir.II IIl`i G. J11= <.�.F sl, m1 4�tiI � ua I n. Hi •� ?. _T ' iF 7 Iew l •, `` I v. L 14 k 1141r! = : aiu! R l ,,4 I k : y 1 K7 ,M a 1L. 1= t till tI!I I -.6..1!..4§, 1 __ill i ,? I— w ,y - - 11I1 f=111 4 1-111 „^ IIIIIIH r, ,u, j - Em 4- o--- I!,I!,ti�,il i ii= I II-_ rali ,m @Ftl f.+^ 'EEe€: lii tEa lal I yy -` .@ 4r 141;illigliglIAAIi. .EtiE:Eir-PLS €!e €s L ;. _ ^+ii `� v s Pk.p 4 Hwy EE E .t=pJ c `f Ir I 0- I °e_ - '@-V.-a °e- Ili -Riga € a eagi § b b 1 1 I --�j P ---- o- - - iPs 6 , I s I� tee:....._,,. SE 'as: IEEM H: _....;—.. Eh I... EF.tirmi. �. II 1 • ita lEiiEiiqiEffiEiiiiiEE). 0fier SE "Bo iY , 1 'Eo EE"EEE __EE!iE"EEEIIEEEEMIIIIIIIIIIIE — a'sEi:Ek II 1 mi. �4 �a 4 b 4e • b b aD the Corporation, its agents or employees. Corporation and the City shall give prompt and timely notice of any claim made or suit instituted which, in 4 lified 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 a ry d J0 b N . ra LT1 CO Ha Y c Ssswl `'Or,6 O Q Z 11 112go ma-€v 0- C42 C S ��II owl 1,,I' Il s, a l..e #§ mg ii 0 0 ©p ! ! . c,' o . b $,. , ki ®-1 III I �' I.III IIII 14 0�' I F 4D em ml 2, . 3 1 LLI d Mal . 4 h Il _I ;; • 1 L Illia: MI! ,toi:1 NEU I zil -Ii 1 gii ., 12 �• 1 IA I. LLIb 0w °W ® 46 d by: admin for project OPW 52124 r project OPW 52124 • ti 8A ,, 0 w U c n ' = ° g z^ =a '.y Ea- Ili! 1 I 0 Q re N 0- c ggre :�sP a U €$ 1 hil 1 4a �o ,, s b €q]A�� Vim^ r` �I9 SIT mIm ml—I - o'c gI u o £ u I-Tit/F�lf—III. zx o'I u 1 I1—I I F—J 9I I-I H1=1I 11 -I I i l II i i I _ 1=TES I—'I IHII_ II IH11=IF 1—I- HIEll I -I I=11 �Tf i-111=I-1 I- I I )11 11= ' I�_ �l.III I' =- Ea ` �..�,,:.m;::.—,'11ow I=1I= o- — — ——z, ,,.,.moww:- '_:.; ' c. ' _ _ I��- •a TIEIHITI=III: / TI HI�T�I 1 �G .1=III IHTH 4� • 'aim. II IZ 1�1 �f .a 11 E�11 1- E 11111=T- ,mow I.11-I I--T j � . I1=�H VI =1ffI�H=1I In . IHI�I-I -1IIl�I�T1�]»>SInllu�ITIF-�� I -II-11 1111E4 T I I 1I- _I�IH -1I1�: II 1 11i- IH -i111� lllf-III:.. 11� I I- -IJ1�� ' Ill malIIHII =1EIElff I_Tfi- HII=r-I II„ I IIHII �f- ` � IIIII II III�II ¢ 1'II- 1HIF s§ H I- I I I II IT_I=1I I: 3 I HII -III I_I-1 _I=11L ,I I11 J{�'�1 ICI CD mi mm- 1 1 I I4 II I-k LLlIIE- III—II it coo ,, no T W '' TIIII IIEIH Iml 1 It II II IIL= .., 11—th'11—T=1f ill—Ili M— i 3 ILLS I- C—I I- I 1 I iH I Hm=I f- ,, I—I I- I I , I I m_ii=11-I I C :'k4 ,,, 11-1-I I I 11 ( I I I TII F I i•r THI I r= H I l-iTiq _ T—I I k 4r- . nkall�l IHE 0--- , _"�""" Ott-itt r 7r i I E —I I N.+ I 1-11 J1 I• 1 1 ►-- =�1!=.1 �� o I I I H111 I EI I E •,,��•! 1= I II=11E to 9�11 II-IIHI 4Tri I J1 1T1=1 - „14,41 E ' I Ira' ■Iki •i TEEyJn I- _TrM?yl�i' -iT I s j I E HI I I=1I- e `e, - I fir1 IEII�II Ilb jai I LI 1 �� - I�ItH I I�ili-I I1= y�• ® II I a� ir iq'y1►i +_ IIE11 TE I ga i„ In , IEU HH II;.L S S - I Ih n'-'�-I-� ,1I —1 I " . N, I I lit ,11 e - �i' E IE3T .u. i .- I�ak �� Ii l 111 0.. i..... :I �' 1111_111R . s 1_ _—Ill=„ •w e r""tiid4c' =THT- fin, � .I�li�l:1 1 ICI H =11E1_IIEI FL o i �44141 iS•'►� L 1 11 I. ..�d i am -III I I—th ,�� I l —I I I- v ,i` - - -I I m „H.,._ 0--------- ____ I II- e • J a1i� 4:fi4... •d— ,--L-E—T1- 11=1IEIHTH wn;14; " I I I I�I HMI E 1 I 1I I IL-1- 1 r r, E---1 IF :1 : I H II 11 I -T'il I I 1 1 AT t1 Art II 1 1 1 4D e 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 AQ a $ 6 U W U c y z a 1, Lam. a ?Y 3 € as t b3 U 00 1< a) o Ng age i LC) CO nivil z d @ A'^' aril Z N a o fsgFL Htr-Us° I i L' U /i sea Is 8„ I=71=1 -- I- � I- m I-Zi_T-II=III-L =] }_1I1-1III I}elTlf- • I-11=1 -11011-11- I -1 • I 11 f_- .ri „II ©- - 1 1 I-Ill=iliall-II 1 _TI-II11=11 1I-IF L - fl •fII 7-4I4T III�1 FTi f1d=III-Tl=i t A 16 i.88 4 h 5 my s_ °a 014 6, it 0 0 A i 1 a• -_ taTf7i-_"-IIfI=IIIII17i1Yb'sgl IItIII- m Q =II I111_I lEli _G T I H i m 11 —I —111 �11 - lll ll7_ 1 o I i 11 I I`-71 I-III .-=M=11- . =1 ' 111_11--- III --=ii i 11�11ffl a-H i tj llafft=i 0 IlI . i n I IHII II 1 rJTl-1 1L11.I-_-If�i1Cr�-±F��rI llalEik =11 U -I I I` —I I I N - 4B Ild ihh ! i; II -1H I I =iI1 11H11 Ig 1 -1-1-{I-41 1EITI-111=11I-1I r it I an 1 11=II-111J i 1 -1.i 1 III-LI IL 11 l i--U} 4-4 - - -J.1-11-11-I Ia I i-1 :.:. .;_ _; . 1 Ili-us TLIE!- 1-- •1 _ _J IIII1-11. 11=I 1II1=1I t'IUIi11 I �I--uk� 1- 11-I E.i 1 l l-1 I 111:l 1 -11 I i-H p-9, =1 • �I)-II lli u1 IT._111=I - - RI I1 � -IHs. 1=11 jIpT� 1= Lte 0 LL a o}E OV ) r 7r i I E —I I N.+ I 1-11 J1 I• 1 1 ►-- =�1!=.1 �� o I I I H111 I EI I E •,,��•! 1= I II=11E to 9�11 II-IIHI 4Tri I J1 1T1=1 - „14,41 E ' I Ira' ■Iki •i TEEyJn I- _TrM?yl�i' -iT I s j I E HI I I=1I- e `e, - I fir1 IEII�II Ilb jai I LI 1 �� - I�ItH I I�ili-I I1= y�• ® II I a� ir iq'y1►i +_ IIE11 TE I ga i„ In , IEU HH II;.L S S - I Ih n'-'�-I-� ,1I —1 I " . N, I I lit ,11 e - �i' E IE3T .u. i .- I�ak �� Ii l 111 0.. i..... :I �' 1111_111R . s 1_ _—Ill=„ •w e r""tiid4c' =THT- fin, � .I�li�l:1 1 ICI H =11E1_IIEI FL o i �44141 iS•'►� L 1 11 I. ..�d i am -III I I—th ,�� I l —I I I- v ,i` - - -I I m „H.,._ 0--------- ____ I II- e • J a1i� 4:fi4... •d— ,--L-E—T1- 11=1IEIHTH wn;14; " I I I I�I HMI E 1 I 1I I IL-1- 1 r r, E---1 IF :1 : I H II 11 I -T'il I I 1 1 AT t1 Art II 1 1 1 4D e 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 8= A ..._, ,,,.. i • W U c 0 1 ,•,, . >-ii. ., a `° o .2 s " " € �3 o Z=^ =Q o 1_m1 a10 1 Lo CI) LZ a t €oi � .. � a4Z N o v pp a e \ 11 1 c t fi §iac IhII! I Is o IA + I= - —'IAI Jllli I IIIII IH— T � I I I �ITgg 1E11 I=I 7= ITI= 1 k. II II 1 Hai 'mTla1=II-111-EII a . 11—III =11= -1=I R I I I L I F i r. — 1 =1 —m-HTEE I =) 1 —I TI—TB I I I l k r3 1 11 1 I-I�I I I =1UI 1=11 1=1 111=1T -1 I k e � 11 1EII 11 � fil=i1u11 Ii-1 IE p. ii —11T—I117 I1I T—III I £ i,40 0 §� 1 s �—IIC�=1��Ik �► I '�1 1 11 1 , =:� I • ` I �L ,.� �I ` I �� T � =1I • i IIII II�I�111 � � 41g F§ 4O iepcx, 34 / 1 g fit a14 I�¶ � -_ • RIM i 1 0 • I_§ 5 0 it I an 1 11=II-111J i 1 -1.i 1 III-LI IL 11 l i--U} 4-4 - - -J.1-11-11-I Ia I i-1 :.:. .;_ _; . 1 Ili-us TLIE!- 1-- •1 _ _J IIII1-11. 11=I 1II1=1I t'IUIi11 I �I--uk� 1- 11-I E.i 1 l l-1 I 111:l 1 -11 I i-H p-9, =1 • �I)-II lli u1 IT._111=I - - RI I1 � -IHs. 1=11 jIpT� 1= Lte 0 LL a o}E OV ) r 7r i I E —I I N.+ I 1-11 J1 I• 1 1 ►-- =�1!=.1 �� o I I I H111 I EI I E •,,��•! 1= I II=11E to 9�11 II-IIHI 4Tri I J1 1T1=1 - „14,41 E ' I Ira' ■Iki •i TEEyJn I- _TrM?yl�i' -iT I s j I E HI I I=1I- e `e, - I fir1 IEII�II Ilb jai I LI 1 �� - I�ItH I I�ili-I I1= y�• ® II I a� ir iq'y1►i +_ IIE11 TE I ga i„ In , IEU HH II;.L S S - I Ih n'-'�-I-� ,1I —1 I " . N, I I lit ,11 e - �i' E IE3T .u. i .- I�ak �� Ii l 111 0.. i..... :I �' 1111_111R . s 1_ _—Ill=„ •w e r""tiid4c' =THT- fin, � .I�li�l:1 1 ICI H =11E1_IIEI FL o i �44141 iS•'►� L 1 11 I. ..�d i am -III I I—th ,�� I l —I I I- v ,i` - - -I I m „H.,._ 0--------- ____ I II- e • J a1i� 4:fi4... •d— ,--L-E—T1- 11=1IEIHTH wn;14; " I I I I�I HMI E 1 I 1I I IL-1- 1 r r, E---1 IF :1 : I H II 11 I -T'il I I 1 1 AT t1 Art II 1 1 1 4D e 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 1 1 1111111 1 g gE 8 •I.i �. Ix, 4 l mq n N �il R = Hill" p i o g will 7 F. 1 CA , , R 4 1 firlr „ t a 411�� m _+'e q aI N7 N �In g Mill y n y i m }9 -°.v rg l@s _ � 'Ky�;:u"uvu —H fag g8 � c swn s Z Z g€€$€iggv-iggag 1= 4 s 3" '4"'-'gRgq 2, m oF �°P*g % q n9,,xm K%n p0 g € "� p _ .m § 0,0m ffig z ¢ sm� z $m $$l°gO AA =m m° g me g„ O i o8 —1 ��nn°°°°°°°n° s a F a m g `I' 8 m8 p) 080000000000o s mommno°ono y m m y o m 8» S 8 8 Cn 8 N n g g i a v R e sp $ $ A as -• g°o v uy p.m Da gg • ; 2 ' o x C 73c A0) f 4 � g aoa v g N m o p in O V / 1 g fit a14 I�¶ � -_ • RIM i 1 0 • I_§ 5 0 it I an 1 11=II-111J i 1 -1.i 1 III-LI IL 11 l i--U} 4-4 - - -J.1-11-11-I Ia I i-1 :.:. .;_ _; . 1 Ili-us TLIE!- 1-- •1 _ _J IIII1-11. 11=I 1II1=1I t'IUIi11 I �I--uk� 1- 11-I E.i 1 l l-1 I 111:l 1 -11 I i-H p-9, =1 • �I)-II lli u1 IT._111=I - - RI I1 � -IHs. 1=11 jIpT� 1= Lte 0 LL a o}E OV ) r 7r i I E —I I N.+ I 1-11 J1 I• 1 1 ►-- =�1!=.1 �� o I I I H111 I EI I E •,,��•! 1= I II=11E to 9�11 II-IIHI 4Tri I J1 1T1=1 - „14,41 E ' I Ira' ■Iki •i TEEyJn I- _TrM?yl�i' -iT I s j I E HI I I=1I- e `e, - I fir1 IEII�II Ilb jai I LI 1 �� - I�ItH I I�ili-I I1= y�• ® II I a� ir iq'y1►i +_ IIE11 TE I ga i„ In , IEU HH II;.L S S - I Ih n'-'�-I-� ,1I —1 I " . N, I I lit ,11 e - �i' E IE3T .u. i .- I�ak �� Ii l 111 0.. i..... :I �' 1111_111R . s 1_ _—Ill=„ •w e r""tiid4c' =THT- fin, � .I�li�l:1 1 ICI H =11E1_IIEI FL o i �44141 iS•'►� L 1 11 I. ..�d i am -III I I—th ,�� I l —I I I- v ,i` - - -I I m „H.,._ 0--------- ____ I II- e • J a1i� 4:fi4... •d— ,--L-E—T1- 11=1IEIHTH wn;14; " I I I I�I HMI E 1 I 1I I IL-1- 1 r r, E---1 IF :1 : I H II 11 I -T'il I I 1 1 AT t1 Art II 1 1 1 4D e 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 CID CD 1. /I1,/Lk . 1IiilEY \ i \\ Ili II WV!.ill fl'\2,, ED B© .11.1 r i )\\ MI 1� J r EID O© 1 n II I„ 11 . fi E'711111 liiiiiiit ; i ____. II y 5 i.-,J /''': R y u $ v ggp OilT 0m (D 9ti n P.az-8 I 0 P m �2m g DI " € ofjA< § om � rrO m < L Illia: MI! ,toi:1 NEU I zil -Ii 1 gii ., 12 �• 1 IA I. LLIb 0w °W ® 46 d by: admin for project OPW 52124 r project OPW 52124 • ti 5 I lQ (i)8 i i i i i i 7 i I j pS/ i!e 1 ■ m ` g 6 �� i j � �1 �' IITh \ � i .I ii 0._ ii 8 irli I ^b i RF ,1. , i x ,.s- X ,.s x ,.r x 1 i \'---1 LcI �. 1 \ I r I. • • I rl 1 %III I i / I i % /6. I ri i ''''./ II / • I II 0 I I .0I 1 I i 0-j I I I I _ . I i S em o- o- ` / Y' J� r - -- — 14t4ai°t:t844 "' o" n" -`am "' .§1mgr r »- ® o- a 0 /0` + Y W oo m 000 m �� , -m o Ap og02a n a 8 A 8r y°;g °�y g - o f m x gm � > m N;lig P g- 2Pg g'= m 13 C R 2_' 2= m mF g omAg o i g F g x y o y g o D g�m 2 Emg N� g�° qg,s g 3 �7 " g°0,R o g g $ o= . » o = ° g m P° 8So2T m i, P $ 4,, S i � S 1. mg a s o n n p o ° °m < c �r 1 0, $ n ° e ° r • °_ m "S 6mzm p � 0m — ? 3 y m m z ° �D7 w v F rill I " " x s = - !Mi $ ate' q "0 N s bill V; a, m CD m a r 33s ° "13 D= O e N g < & w TE ri = 7 0 r 0 V b g� j r� .+ I 1-11 J1 I• 1 1 ►-- =�1!=.1 �� o I I I H111 I EI I E •,,��•! 1= I II=11E to 9�11 II-IIHI 4Tri I J1 1T1=1 - „14,41 E ' I Ira' ■Iki •i TEEyJn I- _TrM?yl�i' -iT I s j I E HI I I=1I- e `e, - I fir1 IEII�II Ilb jai I LI 1 �� - I�ItH I I�ili-I I1= y�• ® II I a� ir iq'y1►i +_ IIE11 TE I ga i„ In , IEU HH II;.L S S - I Ih n'-'�-I-� ,1I —1 I " . N, I I lit ,11 e - �i' E IE3T .u. i .- I�ak �� Ii l 111 0.. i..... :I �' 1111_111R . s 1_ _—Ill=„ •w e r""tiid4c' =THT- fin, � .I�li�l:1 1 ICI H =11E1_IIEI FL o i �44141 iS•'►� L 1 11 I. ..�d i am -III I I—th ,�� I l —I I I- v ,i` - - -I I m „H.,._ 0--------- ____ I II- e • J a1i� 4:fi4... •d— ,--L-E—T1- 11=1IEIHTH wn;14; " I I I I�I HMI E 1 I 1I I IL-1- 1 r r, E---1 IF :1 : I H II 11 I -T'il I I 1 1 AT t1 Art II 1 1 1 4D e 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 ;; Q Q qG 1 rl...—.. I s ---------=i — :I- 1 I T - i i ki u I 1 1 i 1- 0 ----- 11 1 \ o , f \-- `� t\ irr ' -\\t ji� �P' �f ois113_ € , 1 j1 . ' --- - = r--i 1 ar a I • e - �.o W.o 1 1 I i 1 - 1 • f 1 I,I . 1 1 .. -jam— - j- 1 I 1 I I I Se8 'M13ai sae - .ms $o� I O N 0 m cs 3 ° °z214.1 m �E;, _ tea ° �0$ � e � a s �$� <ga� p P = ' TH. R 110 [1 pis`' e's li E _go az sa s`;g ggg 14-1 Z E INN 3g Ss N gli lE ; ale !H a !g it 3. `Mi. igo m 9 z 9 z g n 3 onnE3 8 8d . = Fig p Fana 1 i n - 3 ai01 g i q g �TT s gs [ d _g m ? 8= c S E. i ; _B A 0 a Z YY se S n1 F g q s =. 1! g'; - ' g ? s e ' i s y s m g m S - 3 1 a o a € i' ii c 1 Bx = g -< g $ v, o t• e& A go I— `a 1 m °"ag :a r I 0 6 $ r a� z - §§ I. $, Nc1 aa9_ O Ni' R 3 A "�� S3 x� Z CID CDg c m y R 8 m 0 r 5 5 " x s = - !Mi $ ate' q "0 N s bill V; a, m CD m a r 33s ° "13 D= O e N g < & w TE ri = 7 0 r 0 V b g� j r� .+ I 1-11 J1 I• 1 1 ►-- =�1!=.1 �� o I I I H111 I EI I E •,,��•! 1= I II=11E to 9�11 II-IIHI 4Tri I J1 1T1=1 - „14,41 E ' I Ira' ■Iki •i TEEyJn I- _TrM?yl�i' -iT I s j I E HI I I=1I- e `e, - I fir1 IEII�II Ilb jai I LI 1 �� - I�ItH I I�ili-I I1= y�• ® II I a� ir iq'y1►i +_ IIE11 TE I ga i„ In , IEU HH II;.L S S - I Ih n'-'�-I-� ,1I —1 I " . N, I I lit ,11 e - �i' E IE3T .u. i .- I�ak �� Ii l 111 0.. i..... :I �' 1111_111R . s 1_ _—Ill=„ •w e r""tiid4c' =THT- fin, � .I�li�l:1 1 ICI H =11E1_IIEI FL o i �44141 iS•'►� L 1 11 I. ..�d i am -III I I—th ,�� I l —I I I- v ,i` - - -I I m „H.,._ 0--------- ____ I II- e • J a1i� 4:fi4... •d— ,--L-E—T1- 11=1IEIHTH wn;14; " I I I I�I HMI E 1 I 1I I IL-1- 1 r r, E---1 IF :1 : I H II 11 I -T'il I I 1 1 AT t1 Art II 1 1 1 4D e 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 Exhibit C Hummel Park ZNETH Construction Schedule 1IiilEY \ i \\ Ili II WV!.ill fl'\2,, ED B© .11.1 r i )\\ MI 1� J r EID O© 1 n II I„ 11 . fi E'711111 liiiiiiit ; i ____. II y 5 i.-,J /''': R y u $ v ggp OilT 0m (D 9ti n P.az-8 I 0 P m �2m g DI " € ofjA< § om � rrO m < L Illia: MI! ,toi:1 NEU I zil -Ii 1 gii ., 12 �• 1 IA I. LLIb 0w °W ® 46 d by: admin for project OPW 52124 r project OPW 52124 • ti =I -E r i I 4 I I I I z '_ a .8 8- t 1 1 1 I 1 1 t o • ___ 2 F`_ Y .4 O ° I 1 1 I i 1 1 1 LL IB 18 _ To -1 T r -1 1 r r 7 g'- -Y_ 'Q- ' . Eii� - ' S'-2 E I t 1 I 1 L I _It. v�.,gti � ' N 11 1 L ®O I I I I 1 I IA % 1 I I I I I 1 .g ra - I- I iiiii, + Hiiii , -1 4 1- N-- - -II 2 ' - t--.. I 1 I I I i : I -p i 3 I 1 1 1 I T r 1 I I I 1 L 1 1 t Ito .4 41x I I I I .b I:, I I m I 1 1 I 1 a 81 `� I• c I I m 1 I i 1 I 101 3 2la.5- I I 0. . I 1 T r t 1 Z.4r__6_r 1 g� - • T 't-w•--r- - o 1 ! I I I ;I w a 1 I ti u I I I L I I IL� __V_ I J 1 �'_ -_L_I I I I - 1 2 R i m i I I 1 I 1 I I . Ti 1 .1-; 1 I d 8 . I ----! + F-----t 4--x .6.34--- _- -I-----•I +-T-8--.. -1-- - 1 I I t I c E 21 2 1 1 I g, .60 1 I I I I I 1 I Y A' I T r 1 1 r r 1 T mot r- - _III 1 I I I g - I I I I LL 1 J 1 L J 1 - _L-g- L J 1 0- - _t-_- I I t I i ..g k 1 6 I I t u- 1 t t I 1 : 1 I i i I 1 1 -g 1 1`g I 1 1 1 I 1 I i .$ I I Ir I 1 1 I 2 , -T r 1 - -T -. -1---T - , -1 T r -. i 1 I I 5 0I` 3 I 1 I t 1 _, 1 L ., g _�__JN_�_ ! L J 1 L _ I I 1 2' - : I p 1 1 1 I I I I I I e p l¢�-g 1 I I 1 I 1 O i ----� + 1------1 --�-g4 - ----4- h------4 + 1-- • p e6 I I I p - I I I I 1 Z a ! I 1 1.$ g i I I I I 1 to '� T r a, I r r 1 T r - I 1 I iw p - 1 I I I I I E co E J 1 I S-J _1 L L a J. L I I -eI m I � 1 I I l 1 I 7 = I I • CIE i1 I I t I I I t--�•g 41cT-5--- --1 t t t- -i t r- I I s 2q- gr I I I I I I ZZ 1 g -I 8___ 1 I I 1 I I I = N T Nii% _ i 1 r 1 -1 T r - 1 I £ a Ipa3 I I 1 1 I I 1 -E m - _ 7 ! 1 L L J 1 L 1.5 I a▪ - 1 I I I 1 I I Igw -ill ..I I I I I I I • -----ic----iti r----31 -t 1- 1- -I t r-- 1g ii 2 I tI I I I I I I QI I --I I I I I I I ;g ---r----Wu-t 1 r I -1 T r . IE m = LLI- 1 c1 I I ( 1 I I _Q..{cr d LL!L..g. L ,1 J. L L J 1 L - laA € 5.1 I NI I I I I I 1 IN mu_ a-Q I j I I I I I 1 I -- 0- y�'��Yt r-- _ 1 t t- r -1 t I.._. „ i a i t I I t I 1 I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 Exhibit D-Budget ZNETH Hummel Park CONTRACT ITEMS Section Description TOTAL Excavation/Foundation/Grade Beam $7,000 Slab $5,000 Framing $13,000 Drywall $7,000 Insulation $4,000 Misc.Thermal & Moisture $1,000 Windows& Exterior Doors $8,000 Cabinets, Interior Doors,Trim $13,000 Siding $6,000 Gutters $2,000 Flooring& Bathroom Accessories $9,000 Plumbing& Bathroom Units $4,000 Paint $4,000 Roof $3,000 Electrical $3,000 HVAC $11,000 TOTALS $100,000 ii ., 12 �• 1 IA I. LLIb 0w °W ® 46 d by: admin for project OPW 52124 r project OPW 52124 • ti Exhibit E-Schedule of Values ZNETH Hummel Park CONTRACT ITEMS Section Description %of TOTAL TOTAL Excavation/Foundation/Grade Beam 7% $7,000 Slab 5% $5,000 Framing 13% $13,000 Drywall 7% $7,000 Insulation 4% $4,000 Misc.Thermal & Moisture 1% $1,000 Windows& Exterior Doors 8% $8,000 Cabinets, Interior Doors,Trim 13% $13,000 Siding 6% $6,000 Gutters 2% $2,000 Flooring& Bathroom Accessories 9% $9,000 Plumbing& Bathroom Units 4% $4,000 Paint 4% $4,000 Roof 3% $3,000 Electrical 3% $3,000 HVAC 11% $11,000 TOTALS 100% $100,000 for project OPW 52124 r project OPW 52124 • ti Exhibit F SECTION 00500-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION PART 1—GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections,apply to work of this section. PART 2—GENERAL CONDITIONS OF THE CONTRACT 2.01 CONTRACT CONDITIONS: A. The Contractor agrees to furnish all tools, labor, mechanics for labor,equipment and materials to perform the work in a good substantial and workmanlike manner in accordance with the aforesaid plans, specifications and addenda. B. All provisions of aforesaid plans,specifications and addenda shall be strictly complied with and conformed to by Contractor, the same as if re-written herein, and no substitution or change in said plans, specifications and addenda shall be made except upon written consent or written direction (the form of either of which shall be a written"Change Order")of Owner and/or the Owner's Representative. Any such substitution or change shall in no manner be construed to release either party from any specified or implied obligation of the aforesaid plans, specifications and addenda except as specifically provided for in the Change Order. C. This Contract is entered into subject to the following conditions: 1. Contractor does hereby state, warrant and covenant that it has not retained or employed any company, or person, other than bona fide employees working for said Contractor, to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach of violation of this statement, warrant, and covenant, the City of Omaha shall have the right to annul this contract without liability. 2. Contractor shall comply with all Municipal Ordinances and State and Federal Laws relating to, or applicable to,this work. 3. Contractor shall maintain during the life of the Contract, Fire, Workmen's Compensation, Public Liability and Property Damage insurance, all as required in the aforesaid specifications and addenda. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-1 .$ g i I I I I 1 to '� T r a, I r r 1 T r - I 1 I iw p - 1 I I I I I E co E J 1 I S-J _1 L L a J. L I I -eI m I � 1 I I l 1 I 7 = I I • CIE i1 I I t I I I t--�•g 41cT-5--- --1 t t t- -i t r- I I s 2q- gr I I I I I I ZZ 1 g -I 8___ 1 I I 1 I I I = N T Nii% _ i 1 r 1 -1 T r - 1 I £ a Ipa3 I I 1 1 I I 1 -E m - _ 7 ! 1 L L J 1 L 1.5 I a▪ - 1 I I I 1 I I Igw -ill ..I I I I I I I • -----ic----iti r----31 -t 1- 1- -I t r-- 1g ii 2 I tI I I I I I I QI I --I I I I I I I ;g ---r----Wu-t 1 r I -1 T r . IE m = LLI- 1 c1 I I ( 1 I I _Q..{cr d LL!L..g. L ,1 J. L L J 1 L - laA € 5.1 I NI I I I I I 1 IN mu_ a-Q I j I I I I I 1 I -- 0- y�'��Yt r-- _ 1 t t- r -1 t I.._. „ i a i t I I t I 1 I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 4. Owner, its employees and representatives, and the Owner's Representative shall have access to the work wherever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and inspection by them. 5. The Contractor shall indemnify and save harmless the City of Omaha, its officers, employees, and agents from all claims, suits or actions of every kind and character made upon or brought against the said City of Omaha, its officers, employees and agents, for or on account of any injuries or damages received or sustained by any party or parties by or from the acts of the said Contractor or its servants, agents and subcontractors in doing the work herein contracted for, or by or in consequence of any negligence in guarding the same or any improper material used in its construction, or by or on account of any act or omission of said Contractor or its servants, agents, and subcontractors; and also from all claims of damage or infringement of any patent in fulfilling this Contract. 6. Contractor shall pay to the Unemployment Compensation Fund of the State of Nebraska unemployment contributions and interest due under the laws of the State of Nebraska on wages paid to individuals employed in the performance of this Contract, and shall submit to the City of Omaha a written clearance from the Commissioner of Labor of the State of Nebraska("Certification of Contribution Status"-form "NEBRUI Form 16") certifying that all payments due of contributions or interest which may have arisen under this Contract have been paid by the Contractor, or his subcontractor, to the State of Nebraska Unemployment Compensation Fund. Payment of the final ten percent(10%)of the total amount of this Contract shall be withheld until this provision has been complied with. 7. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion,color,sex, national origin or disability as defined by the Americans with Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, or national origin. The Contractor shall take all actions necessary to comply with the Americans with Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated"shall mean and include,without limitation,the following: Recruited,whether advertising or by other means;compensated;selected for training,including apprenticeship;promoted;upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 8. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin, or disability as recognized under 42 USCS 12101 et seq. 9. The Contractor shall send to each labor union or representative of workers with which they have a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers representative of the Contractor's commitments under the Equal Employment Opportunity Clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 10. The Contractor shall furnish to the Contract Compliance Officer all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations, and including the information required by Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs (7) through (13) of this subsection and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. 11. The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs(7)through (13) herein, including penalties and sanctions for noncompliance; however, in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division; and in the case of contracts receiving Federal assistance,the Contractor or the City may request the United States to enter into such litigation to protect the interest of the United States. 12. The Contractor shall file and shall cause their subcontractors, if any,to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with the Contract Compliance Officer. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and their subcontractors. 13. The Contractor shall include the provisions of Paragraphs (7) through (13) of this Section, "Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so -- that such provisions will be binding upon each subcontractor or vendor (refer to Part 2.37 of this specification section for more detail). 14. Contractor shall pay all just claims due for the payment of all employees and mechanics for labor that shall be performed, for the payment of all material and equipment furnished, and for the payment of material and equipment rental which is actually used or rented in the performance of the Contract. 15. The Contractor shall guarantee their work for material and workmanship for a period of two (2) years after the date of "substantial completion" of his Contract, and should any defect be discovered in any of the work included in this Contract within the period of two (2) years from the "substantial completion"of this Contract,the repair of such defect and the cost of such repairs shall be borne by the Contractor under their Contract. 16. Contractor shall maintain fair labor standards in accordance with any valid laws of the State of Nebraska in the execution of this Contract. D. Upon receipt of written notice by Owner and the Owner's Representative that the work is ready for final inspection and acceptance, the Owner's Representative shall promptly make such inspection and, when they find the work acceptable under the Contract and the Contract fully performed, they shall promptly issue a final certificate, over their own signature, stating that the work provided for in this Contract has been completed and is accepted by them under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 issuance of final certificate the Contractor shall submit evidence satisfactory to the Owner's Representative that all payrolls, material bills, and other indebtedness connected with the work have been paid. If, after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Owner's Representative so certifies, the Owner shall, upon certificate of the Owner's Representative and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 1. Standard forms to be used for project completion include,but may not be limited to: a. AIA Document G706-1994, "Contractor's Affidavit of Payment of Debts and Claims" or approved equivalent. b. AIA Document G706A-1994, "Contractor's Affidavit of Release of Liens" or approved equivalent. c. AIA Document G707-1994,"Consent of Surety to Final Payment",or approved equivalent. E. ' The Contractor shall procure a policy, or policies, of insurance which shall guarantee payment of compensation according to the Workers' Compensation laws of Nebraska for all workers injured in the scope of employment, and further agrees to keep said policy,or policies in full force and effect throughout the term of this Contract. In addition, all other forms of insurance referred to in the specifications shall be procured by the Contractor and kept in force and effect by it throughout the term of this Contract, and certificate or certificates of insurance shall be filed by Contractor with the City of Omaha. F. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official or any officer or employee of the City shall have a financial interest,direct or indirect, in any City Contract. Any violation of this section shall render the Contract voidable by the Mayor or City Council. G. Any subsequent agreement between the parties hereto or any matter whatsoever shall be in writing and executed by an authorized officer. 1. The parties hereto acknowledge that, as of the date of the execution of this contract, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a) by ten percent(10%), if the original bid price is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars($75,000)or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. 2. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City charter to approve immediate purchases. 2.02 THE CONTRACT AND CONTRACT DOCUMENTS: HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-4 ture, stating that the work provided for in this Contract has been completed and is accepted by them under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 A. The contract documents, each of which is an essential part of the contract by and between the parties hereto, shall consist of the advertisement, the requirements for bidding and instructions to bids, the accepted proposal,the general conditions of the contract, the City Council resolution and purchase order, together with all of these identified documents, plans and drawings in existence at the time of the issuance of the purchase order and which define and show the work to be done and requirements in connection therewith. 2.03 CORRELATION AND INTENT OF DOCUMENTS: A. The contract documents are complementary. What is required,shown or specified by any one shall be as binding as if required by all. It is intended that the provisions set forth in the contract documents shall include all labor, equipment, and materials necessary for the complete and proper execution of the contract and that such materials shall be of the quality best suited for the uses to which they are to be put. It is not intended that one document shall take precedence over another. 2.04 RIGHT TO TERMINATE CONTRACTS A. The City of Omaha may terminate the employment of the Contractor without prejudice to any other right or remedy, upon certificate of the Owner's Representative appointed by the Park Planning Division, that sufficient cause exists to justify such action and after giving the Contractor seven days'written notice,may take possession of the work and all materials, tools, and appliances thereon and thereat and may finish the work by whatever method it may deem expedient. B. This action may be taken for any of the following reasons: .-- 1. If the Contractor becomes insolvent or is adjudged bankrupt; if they make a general assignment for the benefit of creditors or if a receiver be appointed to administer their business and assets. 2. If they persistently or repeatedly refuses or fails to supply enough properly skilled workmen or proper materials as specified. 3. If they fail to make prompt payment of monies due to materials,men and to subcontractors. 4. If they persistently disregards laws, ordinances or instructions of the Owner or the Owner's Representative. 5. If they be guilty of a substantial violation of the contract. 6. If the rate of progress is not sufficient, in the opinion of the Owner or the Owner's Representative to ensure completion of the work within the contract time. C. In any such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the work, including the cost of supervision, the excess shall be paid to the Contractor. If the expense of finishing the work exceeds the unpaid balance of the contract,the Contractor shall pay the difference to the City of Omaha. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-5 purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City charter to approve immediate purchases. 2.02 THE CONTRACT AND CONTRACT DOCUMENTS: HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-4 ture, stating that the work provided for in this Contract has been completed and is accepted by them under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 D. The amount of the expense incurred by the Park Planning Division herein provided and of the damages incurred through the Contractor's default, shall be fixed by the certificate issued by the Owner or the Owner's Representative and approved by the Park Planning Division. 2.05 ACCESS AND INSPECTION OF WORK A. The Park Planning Division's appointed Representative shall hereinafter be referred to as the "PARK PLANNER AND/OR A&E." B. The Park Planner and/or A& E and their duly authorized assistants shall have free access to the work at all times, and shall be entitled to receive all necessary information from the Contractor. It is not intended that the Contractor shall divulge any process of manufacture or confidential information which they are entitled, legitimately,to keep secret. C. If the specifications,the Park Planner and/or A&Es instructions, laws,ordinances,or any public authority requires special tests or approval of any work, the Contractor shall give the Park Planner and/or A & E timely notice of its readiness for inspection and, if the inspection is by an authority other than the Park Planner and/or A & E, of the date fixed for such inspection. The Park Planner and/or A & E will make • inspections promptly. If any work is covered up without approval or consent of the Park Planner and/or A &E,it must be uncovered for examination, if so required,at the Contractor's expense. D. Re-examination of questioned work may be ordered by the Park Planner and/or A & E. If such work is found to be in accordance with the contract,the Park Planning Division will pay the cost of re-examination and replacement. If such work is found not in accordance with the contract,the Contractor by whose fault the defect exists shall pay the cost. E. Any work rejected or condemned by the Park Planner and/or A&E,shall be torn down and corrected with reasonable promptness at the Contractor's expense. 2.06 DUTY OF CONTRACTOR A. The Contractor shall keep themselves fully informed at all times, regarding all details of the work,including not only installation of the structure,but also the condition of the work in the shops,wherever materials are under construction for any portion of any structure involving in any manner the work being furnished under this contract and they shall be responsible for all delays that may result in their failure to install their own work in proper manner and proper time. They shall study and compare all drawings, specifications and other instructions and shall report at once to the Park Planner and/or A & E any error, inconsistency or omission which they discover. 2.07 CONTRACTOR'S RESPONSIBILITY A. The Contractor shall be responsible for the completion of the work according to the plans and specifications and their responsibility shall not cease until the whole work contracted for is completed and accepted. The Contractor shall be responsible for and shall hold the City of Omaha harmless from any claims, liabilities, or costs for any damage arising from injury to persons or property in any way or anywhere,occasioned by their operations. 2.08 RELATIONS OF CONTRACTORS AND SUBCONTRACTORS: HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-6 immediate purchases. 2.02 THE CONTRACT AND CONTRACT DOCUMENTS: HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-4 ture, stating that the work provided for in this Contract has been completed and is accepted by them under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 A. Names of subcontractors shall be submitted in writing to the Park Planner and/or A & E and approved before awarding the contract. The Contractor shall not employ any subcontractor not approved by the Park Planner and/or A&E. B. By their acceptance of the contract of which these conditions are a part and in consideration of the payments promised to be made thereunder,the Contractor agrees: 1. That they are as fully responsible to the City of Omaha for the acts and omissions of their subcontractors and of persons either directly or indirectly employed by them as they are for the acts and omissions of persons directly employed by themselves; 2. To bind every subcontractor to the terms of the Contract Documents as far as applicable to their work; 3. To be bound to the subcontractor by all the obligations that the City of Omaha assumes to the Contractor,under the Contract Documents; 4. To pay the subcontractor, upon issuance of certificates, the amount allowed to the Contractor on account of the subcontractors work,to the extent of the subcontractor's interest therein; 5. To pay the subcontractor, upon the issuance of certificates,so that at all times their total payments shall be as large in proportion to the value of the work done by them as the total amount certified to the Contractor is to the value of the work done by them; 6. To pay the subcontractor, on demand, for their work or materials as far as executed and fixed in place, less the retained percentage at the time the certificates should issue, even though the Park Planner and/or A&E fails to issue any certificate for any cause not the fault of the subcontractor; 7. To pay the subcontractor,as their interest may appear,a just share of any insurance money; 8. To make no demand for liquidated damages or penalty for delay in connection with work under a subcontract in any sum in excess of such amount as may be named specifically in the subcontract; 9. That no claim for services rendered or materials furnished by Contractor to the subcontractor shall be valid unless written notice is given thereof by the Contractor to the subcontractor during which the claim originated;and 10. To give the subcontractor an opportunity to be present and submit evidence in any controversy involving their rights. C. Subcontracts shall be drawn so that, for proper consideration and in legal manner, the Subcontractor agrees: 1. To be bound to the Contractor by the terms of the Contract Documents and to assume towards them all obligations and responsibilities that they, by these documents,assumes toward the City of Omaha;and HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-7 responsibility shall not cease until the whole work contracted for is completed and accepted. The Contractor shall be responsible for and shall hold the City of Omaha harmless from any claims, liabilities, or costs for any damage arising from injury to persons or property in any way or anywhere,occasioned by their operations. 2.08 RELATIONS OF CONTRACTORS AND SUBCONTRACTORS: HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-6 immediate purchases. 2.02 THE CONTRACT AND CONTRACT DOCUMENTS: HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-4 ture, stating that the work provided for in this Contract has been completed and is accepted by them under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 2. To make all claims for extras, for extensions of time, and for damage for delays, or otherwise, to the Contractor in the manner in the General Conditions for like claims by the Contractor upon the City of Omaha. D. Whenever practicable, the Park Planner and/or A & E will furnish, on request, to any subcontractor, evidence of the amount certified to on their account but nothing contained herein or in any of the Contract Documents shall create any contractual relation between any subcontractor and the City of Omaha of any obligation on the part of the City of Omaha to make or to cause to be made any payments to any subcontractor. 2.09 SEPARATE CONTRACTS AND COOPERATION: A. The City of Omaha reserves the right to let other Contracts, or to employ its own forces for doing work adjacent to or immediately connected with work to be done under this Contract. B. The Contractor shall afford reasonable opportunity to other Contractors and workers to deliver and store their materials and to perform their work and shall connect and coordinate the Contractor's work with theirs properly. They shall cooperate with all other contractors and workers employed by the City of Omaha in such manner and to such extent as to facilitate the completion of the entire project in the shortest possible time. C. If any part of the Contractor's work depends for proper execution or results upon the work of any other,the Contractor shall inspect and report to the Park Planner and/or A&E promptly, any defects or features in the work of others that make it unsuitable for the proper execution of their own work. Their failure so to inspect and report shall constitute an acceptance of the work of others as fit and proper for the reception • of their own work,except as to defects which may develop is the work of others after the execution of their work. To ensure proper execution of his subsequent work, the Contractor shall measure work already in • place and shall report to the Park Planner and/or A& E at once, any discrepancy between the executed work and the drawings. 2.10 ROYALTIES AND PATENTS: A. The Contractor, as one of these services to be performed for the consideration named in the Contract, binds themselves to pay all royalty and license fees and protect and save harmless the City of Omaha from any claims and suits that may arise from infringement of any patent right or from the manufacture, sale,or use of the articles furnished by the Contractor under this Contract. 2.11 PERMITS AND REGULATIONS: A. The Park Planning Division will issue permits to enter and use necessary areas for construction purposes, free of charge to the Contractor. B. The Contractor shall secure all permits, licenses and notices prior to construction operations and they shall notify the Park Planner and/or A&E in writing when same have been secured. City permits will be issued without fee. C. All work shall be done in accordance with Federal, State and Local Codes, Ordinances, Rules and Regulations. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-8 AND SUBCONTRACTORS: HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-6 immediate purchases. 2.02 THE CONTRACT AND CONTRACT DOCUMENTS: HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-4 ture, stating that the work provided for in this Contract has been completed and is accepted by them under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 D. If the Contractor observes that the drawings and specifications conflict with any such regulation,they shall notify the Park Planner and/or A & E promptly in writing. If any changes are made necessary by such conflict, adjustments on account thereof shall be made in accordance with the terms of the article herein, entitled"Changes in the Work." E. If the Contractor performs any work, knowing it to be contrary to such laws, rules, and regulations, and without such notices to the Park Planner and/or A & E, they shall bear all costs and penalties arising • therefrom. 2.12 ADVERTISING A. The Contractor is permitted to erect such usual "job" signs as are in accordance with the direction of the Park Planning Division, but no other advertising will be permitted on property under the jurisdiction of the said Park Planning Division. 2.13 SANITATION A. The Contractor shall enforce among their employees such regulations in regard to cleanliness and in regard to care of premises as will be conducive to their health and as will tend to prevent the inception and spread of contagious or infectious diseases. They shall provide an ample supply of good drinking water and shall prevent the creation of a nuisance on the premises or upon adjacent property,streets and alleys. B. Necessary sanitary conveniences for the use of employees, properly secluded, shall be constructed and maintained by the Contractor in such manner and at such points as the Park Planner and/or A& E may approve. Their use shall be enforced. 2.14 COMPETENT FOREMEN,SUPERINTENDENTS AND EMPLOYEES: A. The Contractor shall keep on the work at all times, during the progress thereof, a competent Foreman or Superintendent and any assistants necessary. All employees must be satisfactory to the Park Planner and/or A & E. Persons in charge of the work for the Contractor shall not be changed except with the consent of the Park Planner and/or A & E. This provision, however, does not abridge the right of the Contractor to discharge persons not satisfactory to them. B. The person in charge of work under the Contract shall represent the Contractor in their absence and all directions given to them shall be binding as if given to the Contractor. The Contractor shall give efficient personal supervision to the work and shall give it their best skill and attention. Any employee of the Contractor, who is considered incompetent or careless in their work, shall be removed on demand of the Park Planner and/or A&E and replaced by a competent person. 2.15 CONTRACTOR'S INSURANCE: A. The Contractor shall not commence work under Contract until they have obtained all insurance required in this article and until such insurance has been approved by the Park Planning Division, nor shall the Contractor allow the subcontractor to commence work on their subcontract until all similar insurance required of the subcontractor has been so obtained and approved. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-9 General Conditions Of The Contract For Construction 00500-8 AND SUBCONTRACTORS: HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-6 immediate purchases. 2.02 THE CONTRACT AND CONTRACT DOCUMENTS: HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-4 ture, stating that the work provided for in this Contract has been completed and is accepted by them under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 B. Compensation Insurance 1. The Contractor shall take out and maintain during the life of the Contract, insurance for all of their employees employed at the site of project protecting the Contractor from all liability that may be imposed under the Workers' Compensation Act, the Occupational Disease Act or other legislation of similar nature; and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide such insurance for all the letter's employees unless such employees are covered by the protection afforded by the Contractor. C. Public Liability and Property Damage Insurance for Projects Under$200,000.00 1. The Contractor shall take out and maintain, during the life of the Contract, such public liability and property damage insurance(including Contractor's contingent or protective insurance, if necessary, to protect the Contractor from damage claims arising from operation under the Contract) as shall protect them and their subcontractors from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under the Contract, including operations of automotive equipment used in making deliveries or in the work, whether such operations by themself or by any subcontractor or by anyone directly or indirectly employed by either of them. The amount of such insurance shall be as follows: 2. Public Liability Insurance in an amount not less than $250,000 for injuries, including accidental death to any one person and subject to the same limit for each person in an amount of not less than$500,000,where more than one person is involved in any one accident; and property damage insurance in an amount not less than $500,000 and naming the City of Omaha an additional insured. 3. The Contractor shall require subcontractors, if any, not protected under the Contractor's insurance policies to take out and maintain insurance of such nature in like amounts. D. Public Liability and Property Damage Insurance for Projects$200,000.00 and Over 1. The Contractor shall take out and maintain, during the life of the Contract, such public liability and property damage insurance(including Contractor's contingent or protective insurance, if necessary, to protect the Contractor from damage claims arising from operation under the Contract) as shall protect them and their subcontractors from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under the Contract, including operations of automotive equipment used in making deliveries or in the work, whether such operations by themself or by any subcontractor or by anyone directly or indirectly employed by either of them. The amount of such insurance shall be as follows: 2. Public Liability Insurance in an amount not less than $1,000,000 for injuries, including accidental death to any one person and subject to the same limit for each person in an amount of not less than $5,000,000, where more than one person is involved in any one accident; and property damage insurance in an amount not less than $500,000 and naming the City of Omaha an additional insured. 3. The Contractor shall require subcontractors, if any, not protected under the Contractors insurance policies to take out and maintain insurance of such nature in like amounts. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-10 m under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 E. Contingent Insurance 1. In order to protect the City of Omaha from damage in any way during the progress of the work hereunder, the Contractor shall secure an Owner's protective liability policy with limits of not less than $250,000 for injury to one person and $500,000 for one accident and in any amount not less than $250,000 for damage to property, or Contractor's policy shall be extended by endorsement to include the City of Omaha as an additional insured,so far as coverage on this project is concerned. F. Certificate of Insurance 1. The Contractor shall fumish the City of Omaha with a certificate of insurance indicating the required coverage's as specified in this section,fifteen(15)calendar days prior to the award of the Contract and at any time subsequent thereto when such evidence is required by the City of Omaha. Before cancellation or termination of any said insurance or coverage, the Contractor shall require the insurance company to notify the City of Omaha in writing at least ten(10)calendar days in advance of such cancellation or termination. 2.16 USE OF PREMISES A. The Contractor shall confine their apparatus, the storage of materials and the operations of their workers/employees to limits indicated by law,ordinance, permits and directions of the Park Planner and/or A&E. They shall not encumber the premises unreasonably with their materials. B. They shall not load or permit any part of any structure to be loaded with a weight that would endanger its safety. They shall enforce the instructions of the Park Planner and/or A & E regarding signs, fires and smoking. 2.17 CONTACT WITH ADJACENT PROPERTY AND STRUCTURES: A. The Contractor shall provide adequate lateral support, by shoring or otherwise, to prevent damage to adjacent property by reason of their operations. They shall prepare and leave their work in a condition fit to receive the work of others where such connecting work is shown in drawings and specifications, or is reasonably implied therefrom. No changing, cutting, patching or revision of their own or other work shall be done by the Contractor except by consent or direction of the Park Planner and/or A&E. 2.18 PROTECTION OF WORK AND PROPERTY: A. The Contractor shall maintain continuously, adequate protection against damage for all their work and shall protect the property of the Park Planning Division and all others from injury arising in connection with their acts. They shall make good any damage or injury to persons or property that may be occasioned directly or indirectly by their operations. Material or equipment and embankments or excavations on any thoroughfare shall be guarded with all necessary barricades and red lights. 2.19 MAINTENANCE OF ORDER: A. Good order shall be maintained at all times on the work and no intoxicated or disorderly persons shall be permitted on or about the site of the work. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-11 person in an amount of not less than $5,000,000, where more than one person is involved in any one accident; and property damage insurance in an amount not less than $500,000 and naming the City of Omaha an additional insured. 3. The Contractor shall require subcontractors, if any, not protected under the Contractors insurance policies to take out and maintain insurance of such nature in like amounts. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-10 m under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 2.20 PAYMENTS A. Payments will be made of ninety percent(90%) of the value of the work done in full compliance with the Contract during any calendar month, provided the progress made is such as to indicate the completion of all work under the Contract within the specified time. Contractor shall deliver to the Park Planner and/or A & E their estimate or work done and material delivered during any calendar month on or before the fifth day of the succeeding month. Ten(10)calendar days shall be allowed for checking Contractor's estimate, preparation of Park Planner and/or A&E's estimate,approval of Park Planning Division and issuing of pay voucher. The value of the work done and material delivered will be determined by the estimate of the Park Planner and/or A&E,approved by the Park Planning Division. B. The remaining ten percent (10%) shall be retained until the final completion of the work under the Contract,the issuance of final certificate by the Park Planner and/or A&E,approved by the Park Planning Division and its acceptance by the Park Planning Division and compliance with Part 2.01.C.6 of this Specification Section. In no case shall the Contractor be entitled to payment which, in the judgment of the Park Planner and/or A&E,will leave the balance withheld insufficient to complete the work. C. Standard forms to be used during construction and for payments include: 1. AIA Document G702, "Application and Certificate for Payment" (G702-1992) or approved equivalent. 2. AIA Document G703,"Continuation Sheet"(G703-1992)or approved equivalent. 2.21 CHANGES IN THE WORK: A. Without invalidating the Contract,the Park Planning Division may make any changes by altering,adding to or deducting from the work and adjusting the time and remuneration under the Contract accordingly. All such work shall be performed under the conditions of the original Contract except as to time and remuneration adjustments named above,which will be made at the time such changes are ordered. B. Except in cases of emergency, no change shall be made unless in pursuance of a written order from the City of Omaha, signed by the Parks, Recreation and Public Property Director, stating that the Park Planning Division has authorized the change. No claim for an addition to the remuneration under the Contract shall be allowed,except for work so ordered or authorized. C. Where such changes, additions or reductions, in the opinion of the Park Planner and/or A & E, may be classified and measured properly under the unit prices mentioned in the Contract for such work, the amount to be paid the Contractor shall be determined by the application of proper unit prices to the items of work involved in such changes,additions or omissions. D. In cases where such changes,additions or omissions involve work not covered by the unit prices specified in said Contract, but where, in the opinion of the Park Planner and/or A & E, accurate preliminary estimates of the cost thereof can be made,additions to or deductions from the payments to the Contractor shall be determined either by: 1. An agreed lump sum,or HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-12 dditional insured. 3. The Contractor shall require subcontractors, if any, not protected under the Contractors insurance policies to take out and maintain insurance of such nature in like amounts. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-10 m under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 2. Agreed unit prices. E. Prices agreed upon under (1) and (2) hereof shall not exceed those which, in the opinion of the Park Planner and/or A&E,cover the actual cost,as herein defined, plus not to exceed fifteen percent(15%)of such actual cost, to cover superintendence, general and incidental expense, profit, use of small tools and all other items not included in said actual cost. F. If payment or deduction for such changes, additions or omissions is made in any of the three manners previously described, no allowance or percentage whatsoever shall be allowed to the Contractor in addition to the payment or in modification of the deduction determined as herein before specified. G. In cases where such changes involve additions only and are of a character so distinct from other work under the Contract that their cost can be determined as the work progresses, payment for such work may be on the allowance to cover superintendence, general and incidental expense, profit, use of small tools and all other items not reflected in said actual cost. In no event, regardless of whether the work involved is done by the Contractor or by any of their subcontractors, shall such percentage or allowance added to the actual cost of the work exceed fifteen percent(15%) of such actual cost: The total cost of such work shall not exceed a predetermined maximum. H. Said actual cost shall mean the cost of material, labor and rental of equipment plus any taxes actually and necessarily paid in connection therewith. The cost of material shall be the actual cost thereof delivered at the site of the work together with sales tax thereon as shown by true copies of original invoices. The cost of labor shall be the amount actually paid to workmen therefor plus social security tax and premiums for workmen's compensation insurance actually paid in connection therewith. The cost of rental of equipment •- shall be determined by rates agreed upon by the parties hereto prior to the commencement of such additional work. In cases of emergency, if such price agreement is not practicable, the cost of rental of equipment shall be subject to the approval of the Park Planner and/or A&E. I. The Contractor shall keep accurate records and shall submit correct estimates of quantities and costs in connection with all changes herein discussed. The A& E will examine quantities and accounts and will certify to amounts due the Contractor for additional work or to amounts to be deducted from the Contract price. J. In the determination of actual costs, the following will apply. In no case will prices allowed for materials delivered to the site of the work be in excess of prices for which such materials could have been obtained and delivered if purchased by the Park Planning Division direct. In no case will the rate of pay allowed for each class of labor be in excess of the rate for such class as established in the Contract Documents for work under the Contract or when not shown in the Contract Documents, the local rates for such class established by current agreement with labor organizations. In no case, will the rate allowed for rental of equipment be in excess of the local rate customarily charged for rental of such equipment or the rate for which the use of such equipment could be obtained by the Park Planning Division. K. The Contractor shall submit correct estimates of quantities involved in all such changes, and where costs are involved shall keep and present accounts with vouchers in such form as the Park Planner and/or A& E may direct. The Park Planner and/or A & E will check quantities and accounts and will certify to amounts they find to be due the Contractor or the amounts to be deducted from the Contract price. When HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-13 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 the Park Planner and/or A& E's Certificates are approved by the Park Planning Division, payments shall be made to the Contractor in the same manner as provided for payments on the General Contract. 2.22 CLAIMS FOR EXTRAS: A. If the Contractor claims that any instructions given by drawings or otherwise, involve extra cost in connection with their work under the Contract, they shall give written notice thereof to the Park Planning Division before proceeding with the work and within two weeks after receiving such instructions. No claim for extra compensation will be considered unless so made. In case any claim for extras is allowed, the amounts allowed to the Contractor therefor and payments therefor shall be determined and made in accordance with the provisions of the foregoing section entitled"Changes in the Work." 2.23 EMERGENCIES: A. In an emergency endangering the safety of life or property, the Contractor is hereby permitted to act at their own discretion and without special instructions or authorization from the Park Planner and/or A& E, to prevent such threatened loss or injury. They shall act in such emergency as if so instructed or authorized by the Park Planner and/or A&E. 2.24 CORRECTIONS OF WORK BEFORE FINAL PAYMENT: A. The Contractor shall remove from the premises promptly, all material condemned by the Park Planner and/or A&E because of failure to conform to the Contract whether such material has been incorporated in the work or not. The Contractor shall replace and re-execute their own work promptly, in accordance with the Contract without expense to the Park Planning Division. Also,they shall bear the expense of making good all work of other contractors by revision of their own work. B. If the Contractor does not remove such condemned work and materials within a reasonable time,fixed by written notice,the Park Planning Division may remove them and store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal within five(5)calendar days after notice, the Park Planning Division, upon ten (10) calendar days' written notice, may sell such material at auction or at private sale and credit the Contractor with the net proceeds thereof, after deducting all costs and expenses which should have been borne by the Contractor. 2.25 CORRECTION OF WORK AFTER FINAL PAYMENT: A. Neither the final certificate, nor any payment nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship. They shall remedy any defects due thereto and shall pay for any damage to other work resulting therefrom, which appear within a period of two(2)years after the completion date reported to the Park Planning Division by the Park Planner and/or A&E. The Park Planner and/or A&E will give notice of observed defects with reasonable promptness. 2.26 DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION: A. The time for completion of the work contemplated will be specified in the proposal and contract and it is understood that the completion of the work within the time specified is an essential part of this contract. If the Contractor finds it impossible to complete the work on or before the time for completion specified in the Contract, then, not less than ten (10) calendar days prior to the expiration of the stipulated time for HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-14 E may direct. The Park Planner and/or A & E will check quantities and accounts and will certify to amounts they find to be due the Contractor or the amounts to be deducted from the Contract price. When HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-13 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 completion, they may make written request to the Park Planning Division for an extension of time. They shall set forth fully in their request the reasons which they believe justify the granting of their request. If the Park Planning Division finds that the work was delayed because of conditions beyond the control of the Contractor or that the quantities of work done are in excess of the estimated quantities by an amount sufficient to warrant additional time, they may grant an extension of time for completion to such date as appears reasonable and proper, which extension of time must be approved by the surety. The extended time for completion shall then be considered as in full force and affect the same as if it were the original time for completion. 2.27 FAILURE TO COMPLETE WORK ON TIME: • A. This Section Not Used. 2.28 LIENS AND SUITS A. Neither the Contractor nor any subcontractor, supplier or materials, nor any other person shall file or maintain against the Park Planning Division a lien, commonly called a mechanic's lien, for materials delivered for use in or work done in the performance of their contract and the right to maintain such lien for any or all of the above named parties is hereby expressly waived. • B. Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Park Planning Division, a complete release of all claims arising out of this Contract, or receipts in full in lieu thereof, and if requiring in either case, an affidavit that so far as they have knowledge or information,the releases and receipts include all the labor and material for which a lien could be filed, but if any subcontractor refuses to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the Park Planning Division against any lien or suit. --- - C. The Contractor shall and will indemnify, save harmless and defend the Park Planning Division and its agents and employees from any and all suits, actions, legal proceedings, claims, demands, damages, costs,expenses and attomey's fees in any manner caused by,arising from,incident to,connected with,or growing out of the performance of the work under this contract. 2.29 ASSIGNMENTS: A. No assignment by the Contractor of any principal construction contract or any part thereof,or of the funds to be received thereunder by the Contractor will be valid unless such,assignment has had the prior written approval of the Park Planning Division and the surety has been given due notice of such assignment in writing. B. No assignment will receive approval unless the instrument of assignment contains a clause to the effect that it is agreed that the funds are to be paid to the assignee under assignment, are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said Contract in favor of all persons,firms or corporations rendering such services or supplying such materials. 2.30 RIGHT TO DECIDE QUESTIONS: A. The Park Planning Division reserves the right to decide all questions as to the proper performance of the work and the quality and quantity of materials furnished hereunder and further reserves the right in cases HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-15 ZNETH General Conditions Of The Contract For Construction 00500-14 E may direct. The Park Planner and/or A & E will check quantities and accounts and will certify to amounts they find to be due the Contractor or the amounts to be deducted from the Contract price. When HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-13 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 of improper construction or of the furnishing of defective or inadequate materials or the noncompliance with any of the terms and conditions of this Contract on the part of the Contractor, to suspend the work and to reject such defective materials or if improperly performed, to order the partial or entire reconstruction of said work or to declare this Contract forfeited, and to determine the amount of damages which the Contractor shall pay to the Park Planning Division in case damage is suffered by reason of such defective materials, improper work or noncompliance with the terms of the Contract upon the part of the Contractor. 2.31 SAMPLES AND OR SHOP DRAWINGS: A. The Contractor shall furnish to the Park Planner and/or A & E samples and/or shop drawings of any materials which they propose to use in the progress of the work at the request of the Park Planner and/or A & E. All material used on the work and for which samples have been approved, shall fully conform to the samples. Refer to Division 1, Section 01300:"Submittals"for additional information. 2.32 INTERFERENCE: A. The Contractor shall conduct the work so that there will be no interference with the work of other work which may be in the progress. In case of dispute between Contractors in the project, the decision of the Park Planner and/or A&E shall be final and binding upon both parties hereto.The Contractor,at their own expense, shall repair any damage occasioned by them to machinery, equipment, masonry, building or other property of the Park Planning Division or other contractors or work under construction. 2.33 CHECKING PLANS: A. It is understood and-agreed that the Contractor shall check all plans, drawings and specifications furnished by the Park Planning Division and shall be fully responsible for dimensions, quantities, quality and coordination with other parts of the work under this Contract. 2.34 BREAKDOWN: A. The Contractor shall furnish the Park Planner and/or A&E a copy of the wages paid skilled and unskilled workmen (supervisors excluded). The Contractor shall also provide the Park Planner and/or A&E with a breakdown of unit prices used in the compilation of their bid. The sum of the items in this schedule shall equal the amount of the Contract price. 2.35 LINES AND GRADES: A. The Contractor shall set their own stakes for alignment and grade and check same with the Park Planner and/or A&E before proceeding with the work. Contractor will be held responsible for the lines and grades after same have been established and checked. Refer to Division 1, Section 01050, "Field Engineering- Surveying"for additional information. 2.36 CLEANING UP: A. The Contractor shall at all times keep the premises free from accumulations of waste material or rubbish caused by this work, and at the completion of the work they shall remove all their rubbish from and about HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-16 ials. 2.30 RIGHT TO DECIDE QUESTIONS: A. The Park Planning Division reserves the right to decide all questions as to the proper performance of the work and the quality and quantity of materials furnished hereunder and further reserves the right in cases HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-15 ZNETH General Conditions Of The Contract For Construction 00500-14 E may direct. The Park Planner and/or A & E will check quantities and accounts and will certify to amounts they find to be due the Contractor or the amounts to be deducted from the Contract price. When HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-13 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 the project site and all their tools, scaffolding, surplus materials and shall leave their work"broom clean," unless more exactly specified. 2.37 EQUAL EMPLOYMENT OPPORTUNITY: A. During the performance of this contract,the Contractor agrees as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion,color,sex,national origin,or disability as defined by the Americans with Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans with Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated"shall mean and include,without limitation,the following: Recruited,whether advertising or by other means;compensated;selected for training,including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion,color,sex,national origin,or disability as recognized under 42 USCS 12101 et seq. 3. The Contractor shall send to each labor union or representative of workers with which they have a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor's commitments under the Equal Employment Opportunity Clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall furnish to the contract compliance officer all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations, and including the information required by Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to their records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs (1) through (7) of this subsection and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5. The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs (1)through (7) herein, including penalties and sanctions for noncompliance; however, in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division; and in the case of contracts receiving Federal assistance,the Contractor or the City may request the United States. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-17 accounts and will certify to amounts they find to be due the Contractor or the amounts to be deducted from the Contract price. When HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-13 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 6. The Contractor shall file and shall cause their subcontractors, if any,to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with the Contract Compliance Officer. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and their subcontractors. 7. The Contractor shall include the provisions of Paragraphs (1)through (7) of this Section, "Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. 2.38 INTERPRETATION OF"OR APPROVED EQUIVALENT": A. The use of trade names, with a notation such as "or approved equivalent" in these specifications is to establish quality required; there is no attempt to limit competitive bidding, but in like manner, quality specified will be rigidly maintained. - B. The words or phrases "approved", "equivalent to", "as directed", etc. are interpreted and will be taken to mean"to the satisfaction of the Park Planner". C. Where three or more proprietary names are specified and the phrase "or approved equivalent" is omitted, no substitute products will be considered. Bids must be based on the named products. 2.39 SUBSTITUTIONS: A. - No substitution will be considered prior to the receipt of Bids unless written request for approval has been received by the Park Planner at least ten (10)calendar days prior to the date for receipt of Bids. B. No Substitutions will be considered after the Contract is awarded except under the following conditions. 1. The product specified is no longer available. Contractor shall furnish written proof that such a situation exists along with the appropriate submittals for the substitution. 2. Delay in obtaining the specified item will result in a long delay in the completion of the project. Contractor shall submit written proof from the manufacturer regarding the delay. 3. The substitution, if accepted will result in a"substantial"savings to the Owner. 4. In all three cases outlined above,the Owner will make the final decision. p C. Document each substitution request with complete data substantiating compliance of proposed Substitution with Contract Documents. D. A substitution request constitutes a representation that the Contractor: 1. Has investigated proposed Product and determined that it meets or exceeds the quality level of the specified Product. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-18 d for herein. 5. The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs (1)through (7) herein, including penalties and sanctions for noncompliance; however, in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division; and in the case of contracts receiving Federal assistance,the Contractor or the City may request the United States. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-17 accounts and will certify to amounts they find to be due the Contractor or the amounts to be deducted from the Contract price. When HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-13 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 2. Will provide the same warranty for the Substitution as for the specified Product. 3. Will coordinate installation and make changes to other "Work" which may be required for the "Work"to be complete with no additional cost to the Owner. 4. Waivers claims for additional costs or time extension,which may subsequently become apparent. 5. Will reimburse the Owner for review or redesign services associated with re-approval by authorities. E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. 2.40 HAZARDOUS MATERIAL: A. In the event the Contractor encounters material on site reasonably believed to be a CERCLA hazardous substance in concentrations that may constitute a substantial hazardous waste as defined in 40 CFR Part • 261 that has not be rendered harmless, the Contractor may test (at the Contractor's expense) the suspected material using the appropriate EPA technology. If the material is determined to be hazardous, the Contractor shall immediately stop work in the affected area, safely secure the work site, and immediately notify the Park Planner. The Contractor shall continue work in other areas of the project unless otherwise directed. B. The Contractor shall treat abnormal conditions with extreme caution. The Contractor shall meet the requirements and regulations of all applicable Local, State and Federal Agencies when handling, transporting and'disposing of hazardous material or toxic waste. C. Unless specifically addressed in the contractor documents, handling, processing, and/or disposing of such hazardous material shall be considered outside of the scope of the contract. Additional work associated with handling, processing and/or disposing of the hazardous waste or materials will constitute Extra Work and will be reimbursed as such. D. The City of Omaha shall not consider the Contractor the"Generator, Owner or Responsible Party"for any hazardous waste or hazardous material discovered in the normal performance of work associated with this contract, nor during the performance of any"Extra Work" unless such material has been brought to the site by the Contractor. E. The Contractor shall maintain sole responsibility for workers' health and safety including, but not necessarily limited to, interpreting monitoring or sampling results provided by the City or any other governmental agency,or performing Contractor's own monitoring or sampling to ensure worker health and safety. 2.41 OCCUPATIONAL SAFETY AND HEALTH ACT: A. The Contractor shall comply with the requirements of the Occupational Safety and Health Act of 1970 and the Construction Safety Act of 1969, including all standards and regulations which have been promulgated by the Governmental Authorities which administer such Acts and said requirements, standards and regulations are incorporated herein by reference. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-19 result of such directions by the City, the City will enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division; and in the case of contracts receiving Federal assistance,the Contractor or the City may request the United States. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-17 accounts and will certify to amounts they find to be due the Contractor or the amounts to be deducted from the Contract price. When HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-13 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 B. The Contractor shall comply with said regulations, requirements and standards and require and be directly responsible for compliance therewith on the part of their agents, employees, material men and subcontractors and shall directly receive and be responsible for all citations, assessments, fines or penalties which may be incurred by reason of his failing to so comply. C. The Contractor shall indemnify the City of Omaha and the Park Planner and save them harmless from any and all losses, costs and expenses, including fines and reasonable attorney's fees incurred by the City of Omaha and the Park Planner by reason of the real or alleged violation of such laws,ordinances, regulations and directives, federal, state and local, which are currently in effect or become effective in the future, by the Contractor,their subcontractors or material men. 2.42 AMERICANS WITH DISABILITIES ACT(ADA): A. The Contractor shall comply with the requirements of the Americans with Disabilities Act (ADA), including all standards and regulations which have been promulgated by the Governmental Authorities which administer such Act and said requirements, standards and regulations are incorporated herein by reference. . B. The Contractor shall comply with said regulations, requirements and standards and require and be directly responsible for compliance therewith on the part of his agents, employees, material men and subcontractors and shall directly receive and be responsible for all citations, assessments, fines or penalties which may be incurred by reason of their failing to so comply. C. The Contractor shall indemnify the City of Omaha and the Park Planner and save them harmless from any and all losses, costs and expenses, including fines and reasonable attorney's fees incurred by the City of Omaha and the Park Planner by reason of the real or alleged violation of such laws,ordinances, regulations and directives, federal, state and local, which are currently in effect or which become effective in the future, by the Contractor,their subcontractors or material men. 2.41 NEW EMPLOYEE WORK ELIGIBILITY STATUS(LB 403) A. 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. B. 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. C. 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 . HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-20 and in the case of contracts receiving Federal assistance,the Contractor or the City may request the United States. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-17 accounts and will certify to amounts they find to be due the Contractor or the amounts to be deducted from the Contract price. When HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-13 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE)Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. D. If you have any questions go to the Department of Administrative Services website at www.das.state.ne.us END OF SECTION HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-21 100% $100,000 for project OPW 52124 r project OPW 52124 • ti C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Peter Kiewit Institute Technology Development Corporation and the City of Omaha desire to enter into the attached Agreement to authorize the City to pay $100,000.00, to furnish labor and materials to design and construct a new 900 square foot caretaker residence at the Hummel Park Nature Camp, located at 3033 Hummel Road, for the Parks, Recreation and Public Property Depaitalent; and, WHEREAS, Peter Kiewit Institute Technology Development Corporation will design and construct the caretaker residence as a "Zneth" house— zero net energy test house; for research and educational purposes; and, WHEREAS, Peter Kiewit Institute Technology Development Corporation, has complied with the City's Contract Compliance Ordinance No. 28885 in relation to Civil Rights -Human Relations; and, WHEREAS, the Mayor recommends the approval of the Agreement, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the attached Agreement to pay the total amount of $100,000.00 to Peter Kiewit Institute Technology Development Corporation, to furnish labor and materials to design and construct a new 900 square foot caretaker house at the Hummel Park Nature Camp, 3033 Hummel Road, is hereby approved and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2006 Parks & Recreation Bond Fund No. 13354 and Organization No. 117313, 2008 Issue Parks & Cultures Bond. APPROVED AS TO FORM: r Al. ()- (JAA-tA__ ,9-.11 -I 1 ►r EP f CITY ATTORNEY DATE p:1408tmh. r , By - 047 Councilmember Adopted APR - 5 2014 - ---a - _Cit Cler / I Approved .,... ... . Mayor e future, by the Contractor,their subcontractors or material men. 2.41 NEW EMPLOYEE WORK ELIGIBILITY STATUS(LB 403) A. 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. B. 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. C. 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 . HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-20 and in the case of contracts receiving Federal assistance,the Contractor or the City may request the United States. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-17 accounts and will certify to amounts they find to be due the Contractor or the amounts to be deducted from the Contract price. When HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-13 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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 I z! ' 11HI mca) co� o W- M 5 , 00 O• 21, O m a ,-C 0 C.,. R. CAD Vv o rS cD cD 1 C1 �� 'ti �' Z too O c CA 0 '4' P 0 CD A o a gtr 1.--) N ' o ,� Ro a �ors `< 5' � 5 6• el CD ` C to N C w ,. O CD C7 V n vCD w cD o cD a 0 CD 0 ''b O . O' q na � n. � �oo 0 O CD cD C. °.8 O o CD ° C N 0 • O '4 POA, I., "d nAD o t CD 0 °01 CCDD U1Q 0 O i°t P• . • • • •-nt =ter`+ r_ x the Mayor recommends the approval of the Agreement, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the attached Agreement to pay the total amount of $100,000.00 to Peter Kiewit Institute Technology Development Corporation, to furnish labor and materials to design and construct a new 900 square foot caretaker house at the Hummel Park Nature Camp, 3033 Hummel Road, is hereby approved and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2006 Parks & Recreation Bond Fund No. 13354 and Organization No. 117313, 2008 Issue Parks & Cultures Bond. APPROVED AS TO FORM: r Al. ()- (JAA-tA__ ,9-.11 -I 1 ►r EP f CITY ATTORNEY DATE p:1408tmh. r , By - 047 Councilmember Adopted APR - 5 2014 - ---a - _Cit Cler / I Approved .,... ... . Mayor e future, by the Contractor,their subcontractors or material men. 2.41 NEW EMPLOYEE WORK ELIGIBILITY STATUS(LB 403) A. 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. B. 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. C. 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 . HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-20 and in the case of contracts receiving Federal assistance,the Contractor or the City may request the United States. HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-17 accounts and will certify to amounts they find to be due the Contractor or the amounts to be deducted from the Contract price. When HUMMEL PARK ZNETH General Conditions Of The Contract For Construction 00500-13 00500-3 0-2 - I I o w I I : 1 I I I I I I 5 - - I I t ' 1 I I I I t I • m in� I I I j l I I I 1 I 1 _ 1 L Li L L J J. L I I I I I I t 1 I I a` 1 I I I I I I I I I - 1,-- -, -- `-`- `- --r -- - - �" -- - - - - r - • og Y 3 ii3 g EE 2' e n $ t .4 . .4 6 E' ¢ d "- . w 1 HflHHb IHUD • $kSB aainw ' 8au6. ain . @ 2 a 8 2ai8r Y 2 2 2 w 2 2 ¢ gwam 8' a .g 2 2. 2 2 8 $ 22 i 0 m E c 4 a Z2 "" sigaigsgillig0000000 $ ogigsssg5s111s11331s111 ; ; IIII8I N g 0 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