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RES 2009-1334 - Agmt with HDR Engineering Inc for replacement of motor control center at Missouri River WWTP s r- Public Works Department i�``,� �� E �` Omaba/Douglas Gvic Center �t'�� _ 1819 Farnam Street,Suite 601 • ' 1� t1 Omaha,Nebraska 68183 0601 rA �! 1 November 24 200909 t Oti 13 p' o .=t'Iii =` I 1 [: 1,,l (402)444-5220 Ary Fax(402)444-5248 47'4DFEB09* Cr!~� Sf oi City of Omaha ` t't r ._,: Robert G.Stubbe,P.E. ",:; ; Y Jim Suttle,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an Engineering Services Agreement with HDR Engineering, Inc. for engineering design, plans and specifications for the replacement of the electrical motor control center and polymer mixing system and associated items for the solids processing building at the Missouri River Wastewater Treatment Plant. The attached agreement and resolution authorizes HDR Engineering, Inc. proceed with engineering work as detailed in Exhibit"D" of the Agreement. HDR Engineering, Inc. has agreed to perform the services in the attached agreement for a fee not to exceed $269,138.00 which is payable from the Sewer Revenue Improvement Fund 21124, Capital.Asset Replacement Organization 116913. HDR Engineering, Inc. has filed the required Annual Contract Compliance Form, CC-1, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City C uncil for Consideration: 4_, /0 -)-/-41 (eiqoacen • R ert G. S bbe, P.E. Date May 's ffic Date Pu lic Works Director Approved as to Funding: Approved: ft- C.Ji itt3 Pam Spaccarotella Date Human Rights an Relatio s r Date Finance Director WI' Department 1368hf M I — • . :,........ z 7--z,...zw7 . .. _ zz, :- . • 1 . m. . 0 1111N igIT 1 WO gJ PilirrM 111 )1Ag .4i00 i . \ I m§1q0 zi mi .nE If- A i° 8 g ° 1iigp 1 1;— 11 " IP ; gl R ,, 4 3a, : . dorommipmeasi A A ! IN tommielWiteik 1111011i111 . e.ta nal • plz --ih om„.17 ilo g g 1 ill I ,,, 111! 111111 1 . .' ) lial % q • RI $,v,-. . .N... 17_ ... °. . ._.., ....., .,. .. •: Iql HIGH POINT REPEAT 7 , Dynamic &Fluid Non-Profit Corporation (501(c)(3), Omaha Workforce Alliance,to handle management of workforce development that can respond to the needs of employees and employers, consisting of a seven (7)person Board(1-mayoral, 1- city council, 1- Omaha Chamber, 1-Omaha Federation of Labor, AFL-CIO, 1 Tri-County Workforce Investment Board Chair, 1-Metro Community College President, 1- from a 10 6 orkforce Investment Board to build upon. 4 vertising expenses in connection with the public offering of the Bonds and (b) all other expenses incurred by such Underwriter in connection with the public offering and distribution of 9 l affairs, are concerned, the Official Statement did not and does not contain an untrue statement of a material fact or omit to state a material 8 oration will deliver to the Underwriter the Bonds in definitive form (unless otherwise agreed by the Underwriter), bearing CUSIP numbers (provided that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP 4 inal issue discount which would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of a Discounted Obligation who purchase such Discounted Obligations after the initial offering. Owners of Discounted Obligations including purchasers of the Discounted Obligations in the 21 tive history of the market discount provisions of the Code indicate that the same prepayment assumption used to calculate original issue discount should be utilized. 18 n matters will be passed upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about November 19,2009 at DTC against payment therefor. DAVIDSON COMPANIES. D.A.D Davidson & Co. C member SIPC Dated: November 10,2009 TO Of .- 7 O U) CO W CO N M y y U7 .-O n O) W N • M N C 0 U N N O 0 CO O) N - W 0 O a) O Q N W O CO N U) O) .- I,- co W CO O) a) C co .- - '- M -- W O) N N- CO- G 0 Eft N fA fA 'O CO 0N (A EA CO N C4 N . Q N a) O0 a+ U W .c co C N CD CO G Z N cr) co CC V E a1 Cl) N LI, W U ❑ O .c-0N m w w U) a o 0 O o V c Ix ❑ ❑ ❑ o m w m C) rn ra o o E V. d „ ZZZm ; 0o Z R 0) s � 3 ta)y c a) co s y co a)0 CO > N o 4-.n m cn (a 03 y c c ❑2a j nr > O p a 0 co y U a) a, .0 a) U U U U a, '' o)as O `o c ` C E. a0i m to cu U (a N C v « 0 0 0 o aa)) a co ▪ c > W W a U a�i Z a) U C O 2 Z Z Z N U) O o O C a' @ 0)° y > N O co n a) 0 t T) t H E m N F is d' W m Z 0)° N U ce 0 = • to a) a) a) N a) O .5 7 O CC a) )V,� U a•2•F 2 ., Y n w O 03 «' w 2 O N a) d ' V a) y 7 tL 0. a W W M Z CO K c nO OO Z C 0 p X ❑ Dy 0 0 U Z C/j W . uch property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire. Page 3 of 6 Revised 1/31/06 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 10th day of November, 2009, by and between the City of Omaha, a municipal corporation located in Douglas County,Nebraska (hereinafter referred to as the "City"), and HDR Engineering, Inc. (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION Motor Control Center Replacement and Liquid Polymer System Replacement at the Missouri River Wastewater Treatment Facility Solids Dewatering Building Project consists of the design of the removal of the existing Solids Dewatering Building Motor Control Center equipment and installation of new motor control center equipment in a new electrical room in the Solids Dewatering Building. Additionally, this project includes the design of a liquid polymer system to replace the granular polymer system currently used and replacement of existing polymer batching and feeding equipment with new equipment located in a different location in the Sludge Dewatering Building. II. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in the Proposal attached hereto, for the City, relative to the above-referenced project which is illustrated in Exhibit "D" attached hereto. Such services shall be completed within a 165- day period after receipt of a purchase order from the City. B. Provider designates Ron Soya whose business address and phone number are HDR Engineering, Inc. , 8404 Indian Hills Drive, Omaha,NE 68116, (402)399-1335 as its project manager and contact person for this project. C. Provider agrees to maintain records and accounts, including personnel, fmancial and property records, sufficient to identify and account for all costs pertaining to the project and certain other records as may be required by the City to assure a proper accounting for all project funds. These records shall be made available to the City for audit purposes and shall be retained for a period of five(5)years after the expiration of this Agreement. D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all compensated providers, employees,and subcontractors. E. Provider agrees to complete, within 165 calendar days of receipt of a purchase order from the City, the necessary services. The City recognizes that completion within this deadline is contingent upon timely response from utilities and City input. F. Provider agrees to have a current Contract Compliance Form (CC-1) on file with the City's Human Rights and Relations Department prior to signing the agreement. III. DUTIES OF CITY A. City designates Rick Murch whose business address and phone number are Missouri River Plant, 5600 South 10th Street Omaha, NE 68107, (402) 444-3915, ext. 204 as its contact person for this project,who shall provide a notice to proceed and such other written authorizations as are necessary to commence for proceed with the project and various aspects of it. maha Federation of Labor, AFL-CIO, 1 Tri-County Workforce Investment Board Chair, 1-Metro Community College President, 1- from a 10 6 orkforce Investment Board to build upon. 4 vertising expenses in connection with the public offering of the Bonds and (b) all other expenses incurred by such Underwriter in connection with the public offering and distribution of 9 l affairs, are concerned, the Official Statement did not and does not contain an untrue statement of a material fact or omit to state a material 8 oration will deliver to the Underwriter the Bonds in definitive form (unless otherwise agreed by the Underwriter), bearing CUSIP numbers (provided that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP 4 inal issue discount which would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of a Discounted Obligation who purchase such Discounted Obligations after the initial offering. Owners of Discounted Obligations including purchasers of the Discounted Obligations in the 21 tive history of the market discount provisions of the Code indicate that the same prepayment assumption used to calculate original issue discount should be utilized. 18 n matters will be passed upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about November 19,2009 at DTC against payment therefor. DAVIDSON COMPANIES. D.A.D Davidson & Co. C member SIPC Dated: November 10,2009 TO Of .- 7 O U) CO W CO N M y y U7 .-O n O) W N • M N C 0 U N N O 0 CO O) N - W 0 O a) O Q N W O CO N U) O) .- I,- co W CO O) a) C co .- - '- M -- W O) N N- CO- G 0 Eft N fA fA 'O CO 0N (A EA CO N C4 N . Q N a) O0 a+ U W .c co C N CD CO G Z N cr) co CC V E a1 Cl) N LI, W U ❑ O .c-0N m w w U) a o 0 O o V c Ix ❑ ❑ ❑ o m w m C) rn ra o o E V. d „ ZZZm ; 0o Z R 0) s � 3 ta)y c a) co s y co a)0 CO > N o 4-.n m cn (a 03 y c c ❑2a j nr > O p a 0 co y U a) a, .0 a) U U U U a, '' o)as O `o c ` C E. a0i m to cu U (a N C v « 0 0 0 o aa)) a co ▪ c > W W a U a�i Z a) U C O 2 Z Z Z N U) O o O C a' @ 0)° y > N O co n a) 0 t T) t H E m N F is d' W m Z 0)° N U ce 0 = • to a) a) a) N a) O .5 7 O CC a) )V,� U a•2•F 2 ., Y n w O 03 «' w 2 O N a) d ' V a) y 7 tL 0. a W W M Z CO K c nO OO Z C 0 p X ❑ Dy 0 0 U Z C/j W . uch property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire. Page 3 of 6 Revised 1/31/06 • IV. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Service, shall be performed on an hourly basis,but in no event shall exceed$269,138.00. Detailed breakdown of costs shall be shown in Exhibit"E". B. Reimbursable expenses shall be billed to the City by the Provider. C. INCREASE OF FEES The parties hereto acknowledge that, as of the date of the execution of the Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increase the original fee as awarded (a) by ten percent,'if the original fee 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. 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 Charter to approve immediate purchases. V. OWNERSHIP OF INSTRUMENTS OF SERVICE The City acknowledges the Provider's construction documents, including electronic files, as instruments of professional service.Nevertheless,upon completion of the services and payment in full of all monies due to the Provider,the final construction documents prepared under this Agreement shall become the property of the City. The City shall not reuse at another site or make any modification to the construction documents without the prior written authorization of the Provider. The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider,its officers, directors,employees and subconsultants (collectively,Provider)against any damages, liabilities or costs,including reasonable attorneys'fees and defense costs, arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the City, regardless of whether such reuse or modification is for use at the Project site or another site. VI. ADDITIONAL SERVICES In the event additional services for the aforementioned project not covered under this Agreement are required,Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS Provider shall carry professional liability insurance in the minimum amount of one half million dollars and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. (402) 444-3915, ext. 204 as its contact person for this project,who shall provide a notice to proceed and such other written authorizations as are necessary to commence for proceed with the project and various aspects of it. maha Federation of Labor, AFL-CIO, 1 Tri-County Workforce Investment Board Chair, 1-Metro Community College President, 1- from a 10 6 orkforce Investment Board to build upon. 4 vertising expenses in connection with the public offering of the Bonds and (b) all other expenses incurred by such Underwriter in connection with the public offering and distribution of 9 l affairs, are concerned, the Official Statement did not and does not contain an untrue statement of a material fact or omit to state a material 8 oration will deliver to the Underwriter the Bonds in definitive form (unless otherwise agreed by the Underwriter), bearing CUSIP numbers (provided that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP 4 inal issue discount which would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of a Discounted Obligation who purchase such Discounted Obligations after the initial offering. Owners of Discounted Obligations including purchasers of the Discounted Obligations in the 21 tive history of the market discount provisions of the Code indicate that the same prepayment assumption used to calculate original issue discount should be utilized. 18 n matters will be passed upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about November 19,2009 at DTC against payment therefor. DAVIDSON COMPANIES. D.A.D Davidson & Co. C member SIPC Dated: November 10,2009 TO Of .- 7 O U) CO W CO N M y y U7 .-O n O) W N • M N C 0 U N N O 0 CO O) N - W 0 O a) O Q N W O CO N U) O) .- I,- co W CO O) a) C co .- - '- M -- W O) N N- CO- G 0 Eft N fA fA 'O CO 0N (A EA CO N C4 N . Q N a) O0 a+ U W .c co C N CD CO G Z N cr) co CC V E a1 Cl) N LI, W U ❑ O .c-0N m w w U) a o 0 O o V c Ix ❑ ❑ ❑ o m w m C) rn ra o o E V. d „ ZZZm ; 0o Z R 0) s � 3 ta)y c a) co s y co a)0 CO > N o 4-.n m cn (a 03 y c c ❑2a j nr > O p a 0 co y U a) a, .0 a) U U U U a, '' o)as O `o c ` C E. a0i m to cu U (a N C v « 0 0 0 o aa)) a co ▪ c > W W a U a�i Z a) U C O 2 Z Z Z N U) O o O C a' @ 0)° y > N O co n a) 0 t T) t H E m N F is d' W m Z 0)° N U ce 0 = • to a) a) a) N a) O .5 7 O CC a) )V,� U a•2•F 2 ., Y n w O 03 «' w 2 O N a) d ' V a) y 7 tL 0. a W W M Z CO K c nO OO Z C 0 p X ❑ Dy 0 0 U Z C/j W . uch property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire. Page 3 of 6 Revised 1/31/06 VIII. INDEMNIFICATION The Provider agrees,to the fullest extent permitted by law,to indemnify and hold harmless the City, its officers, directors and employees (collectively, City) against all damages,liabilities or costs, including reasonable attorneys'fees and defense costs,to the extent caused by the Provider's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Provider is legally liable. The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider, its officers,directors, employees and subconsultants(collectively,Provider) against all damages, liabilities or costs,including reasonable attorneys'fees and defense costs in connection with the Project,to the extent caused by the City's negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City nor the Provider shall be obligated to indemnify the other party in any manner whatsoever for the other parry's own negligence. IX. TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option,its property. X. GENERAL CONDITIONS A. Non-discrimination. Provider 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, sec, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89,political or religious opinions, affiliations or national origin. B. Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and 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 Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he 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; he further covenants that in the performance of this Agreement,no person having any such interest shall be employed. F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. upon. 4 vertising expenses in connection with the public offering of the Bonds and (b) all other expenses incurred by such Underwriter in connection with the public offering and distribution of 9 l affairs, are concerned, the Official Statement did not and does not contain an untrue statement of a material fact or omit to state a material 8 oration will deliver to the Underwriter the Bonds in definitive form (unless otherwise agreed by the Underwriter), bearing CUSIP numbers (provided that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP 4 inal issue discount which would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of a Discounted Obligation who purchase such Discounted Obligations after the initial offering. Owners of Discounted Obligations including purchasers of the Discounted Obligations in the 21 tive history of the market discount provisions of the Code indicate that the same prepayment assumption used to calculate original issue discount should be utilized. 18 n matters will be passed upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about November 19,2009 at DTC against payment therefor. DAVIDSON COMPANIES. D.A.D Davidson & Co. C member SIPC Dated: November 10,2009 TO Of .- 7 O U) CO W CO N M y y U7 .-O n O) W N • M N C 0 U N N O 0 CO O) N - W 0 O a) O Q N W O CO N U) O) .- I,- co W CO O) a) C co .- - '- M -- W O) N N- CO- G 0 Eft N fA fA 'O CO 0N (A EA CO N C4 N . Q N a) O0 a+ U W .c co C N CD CO G Z N cr) co CC V E a1 Cl) N LI, W U ❑ O .c-0N m w w U) a o 0 O o V c Ix ❑ ❑ ❑ o m w m C) rn ra o o E V. d „ ZZZm ; 0o Z R 0) s � 3 ta)y c a) co s y co a)0 CO > N o 4-.n m cn (a 03 y c c ❑2a j nr > O p a 0 co y U a) a, .0 a) U U U U a, '' o)as O `o c ` C E. a0i m to cu U (a N C v « 0 0 0 o aa)) a co ▪ c > W W a U a�i Z a) U C O 2 Z Z Z N U) O o O C a' @ 0)° y > N O co n a) 0 t T) t H E m N F is d' W m Z 0)° N U ce 0 = • to a) a) a) N a) O .5 7 O CC a) )V,� U a•2•F 2 ., Y n w O 03 «' w 2 O N a) d ' V a) y 7 tL 0. a W W M Z CO K c nO OO Z C 0 p X ❑ Dy 0 0 U Z C/j W . uch property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire. Page 3 of 6 Revised 1/31/06 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 sat 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. Assignment. The Provider may not assign its rights under this Agreement without the express prior written consent of the City. 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 authorized representative. J. LB 403 Contract Provisions. -NEW EMPLOYEE WORK ELIGIBILITY STATUS-The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a,known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship,the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such 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. K. Contract Compliance Ordinance No.35344,Section 10-192 Equal Employment Opportunity Clause During the performance of this contract,the contractor agrees as follows: 1) The contractor shall not discriminate against any employee 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 13-89. 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. ver to the Underwriter the Bonds in definitive form (unless otherwise agreed by the Underwriter), bearing CUSIP numbers (provided that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP 4 inal issue discount which would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of a Discounted Obligation who purchase such Discounted Obligations after the initial offering. Owners of Discounted Obligations including purchasers of the Discounted Obligations in the 21 tive history of the market discount provisions of the Code indicate that the same prepayment assumption used to calculate original issue discount should be utilized. 18 n matters will be passed upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about November 19,2009 at DTC against payment therefor. DAVIDSON COMPANIES. D.A.D Davidson & Co. C member SIPC Dated: November 10,2009 TO Of .- 7 O U) CO W CO N M y y U7 .-O n O) W N • M N C 0 U N N O 0 CO O) N - W 0 O a) O Q N W O CO N U) O) .- I,- co W CO O) a) C co .- - '- M -- W O) N N- CO- G 0 Eft N fA fA 'O CO 0N (A EA CO N C4 N . Q N a) O0 a+ U W .c co C N CD CO G Z N cr) co CC V E a1 Cl) N LI, W U ❑ O .c-0N m w w U) a o 0 O o V c Ix ❑ ❑ ❑ o m w m C) rn ra o o E V. d „ ZZZm ; 0o Z R 0) s � 3 ta)y c a) co s y co a)0 CO > N o 4-.n m cn (a 03 y c c ❑2a j nr > O p a 0 co y U a) a, .0 a) U U U U a, '' o)as O `o c ` C E. a0i m to cu U (a N C v « 0 0 0 o aa)) a co ▪ c > W W a U a�i Z a) U C O 2 Z Z Z N U) O o O C a' @ 0)° y > N O co n a) 0 t T) t H E m N F is d' W m Z 0)° N U ce 0 = • to a) a) a) N a) O .5 7 O CC a) )V,� U a•2•F 2 ., Y n w O 03 «' w 2 O N a) d ' V a) y 7 tL 0. a W W M Z CO K c nO OO Z C 0 p X ❑ Dy 0 0 U Z C/j W . uch property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire. Page 3 of 6 Revised 1/31/06 • 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 or national origin. 3) The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The contractor shall furnish to the contract compliance officer all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, and including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible-to the contract compliance officer shall be those which are related to paragraphs (1) through (7) of this subsection and only after reasonable notice is given the contractor. The purpose of 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 is necessary to protect the interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving federal assistance,the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States. 6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the contractor in the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the contract compliance officer. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. 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. ver to the Underwriter the Bonds in definitive form (unless otherwise agreed by the Underwriter), bearing CUSIP numbers (provided that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP 4 inal issue discount which would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of a Discounted Obligation who purchase such Discounted Obligations after the initial offering. Owners of Discounted Obligations including purchasers of the Discounted Obligations in the 21 tive history of the market discount provisions of the Code indicate that the same prepayment assumption used to calculate original issue discount should be utilized. 18 n matters will be passed upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about November 19,2009 at DTC against payment therefor. DAVIDSON COMPANIES. D.A.D Davidson & Co. C member SIPC Dated: November 10,2009 TO Of .- 7 O U) CO W CO N M y y U7 .-O n O) W N • M N C 0 U N N O 0 CO O) N - W 0 O a) O Q N W O CO N U) O) .- I,- co W CO O) a) C co .- - '- M -- W O) N N- CO- G 0 Eft N fA fA 'O CO 0N (A EA CO N C4 N . Q N a) O0 a+ U W .c co C N CD CO G Z N cr) co CC V E a1 Cl) N LI, W U ❑ O .c-0N m w w U) a o 0 O o V c Ix ❑ ❑ ❑ o m w m C) rn ra o o E V. d „ ZZZm ; 0o Z R 0) s � 3 ta)y c a) co s y co a)0 CO > N o 4-.n m cn (a 03 y c c ❑2a j nr > O p a 0 co y U a) a, .0 a) U U U U a, '' o)as O `o c ` C E. a0i m to cu U (a N C v « 0 0 0 o aa)) a co ▪ c > W W a U a�i Z a) U C O 2 Z Z Z N U) O o O C a' @ 0)° y > N O co n a) 0 t T) t H E m N F is d' W m Z 0)° N U ce 0 = • to a) a) a) N a) O .5 7 O CC a) )V,� U a•2•F 2 ., Y n w O 03 «' w 2 O N a) d ' V a) y 7 tL 0. a W W M Z CO K c nO OO Z C 0 p X ❑ Dy 0 0 U Z C/j W . uch property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire. Page 3 of 6 Revised 1/31/06 ik EXECUTED this 21 day of O‹.4t.obt°r , 2009 . Ht-. ErAcw rttr51 nr Provider i -/701".4- c'' By ATTEST V cce . re-Ive6,nt- (Title) EXECUTED this . day of /!/(J.//.€` 7,44 , �or ATTES ~''' CITY OF OMAHA,A Municipal Corporation By / . --i_ /n City Cleric Mayor APPROVED AS TO FORM: 1 * - 11/q f t CityA Deputy torney Revised: 10/2009 dba"Ruby's Nite Club", 623 South 16th Street. That,the cost of publication of notice of the hearing was $26.00. November 24, 2009 - Resolution No. 1331 - Motion to adopt. Carried 6-0. By 061:1712441 ..-° Councilmember Adopted NOV 242119 6 _0 42, ._, ity Clerk/VAC-4 Approved .. - . Mayor er's Discount). ` EXHIBIT"D" SCOPE OF SERVICES 1 , 2009 . Ht-. ErAcw rttr51 nr Provider i -/701".4- c'' By ATTEST V cce . re-Ive6,nt- (Title) EXECUTED this . day of /!/(J.//.€` 7,44 , �or ATTES ~''' CITY OF OMAHA,A Municipal Corporation By / . --i_ /n City Cleric Mayor APPROVED AS TO FORM: 1 * - 11/q f t CityA Deputy torney Revised: 10/2009 dba"Ruby's Nite Club", 623 South 16th Street. That,the cost of publication of notice of the hearing was $26.00. November 24, 2009 - Resolution No. 1331 - Motion to adopt. Carried 6-0. By 061:1712441 ..-° Councilmember Adopted NOV 242119 6 _0 42, ._, ity Clerk/VAC-4 Approved .. - . Mayor er's Discount). ` SCOPE OF SERVICES MOTOR CONTROL CENTER REPLACEMENT AND POLYMER SYSTEM REPLACEMENT SOLIDS DEWATERING BUILDING AT THE • MISSOURI RIVER WASTEWATER TREATMENT FACILITY TASK SERIES 100—PROJECT MANAGEMENT Task 110—Team Management and Project Control Task 120—Develop Production Guide Standards • Task 130—Meeting Attendance Task 140—Quality Control TASK SERIES 200—PREDESIGN ISSUES , Task 210—Project Initiation Task 220—Obtain Existing Information Task 230—Electrical Conduit and Conductor Field Investigation Task 240—Transformer Testing Task 250—Alternatives Brainstorming Workshop TASK SERIES 300—TECHNICAL MEMORANDUM DEVELOPMENT Task 310—Electrical Improvements Task 320—Polymer System Replacement Task 330—Building Layout Configurations Task 340—Alternatives Evaluation Workshop TASK SERIES 400—DESIGN DEVELOPMENT AND BIDDING DOCUMENTS Task 410—Development of Technical Specifications Task 420—Development of Bidding Documents Task 430—Development of Front-End Documents Task 440—Development of Opinion of Probable Construction Cost Task 450—Review of Bidding Documents TASK SERIES 500—BIDDING SERVICES(ELECTRICAL IMPROVEMENTS) Task 510—Bidding Assistance Task 520—Prebid Meeting TASK SERIES 600—POST DESIGN SERVICES Task 610—Bidding and Construction Phase Services Scope of Services ' Solids Dewatering Building at the Missouri River at the Wastewater Treatment Facility 10/20/2009 s 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 is necessary to protect the interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving federal assistance,the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States. 6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the contractor in the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the contract compliance officer. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. 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. ver to the Underwriter the Bonds in definitive form (unless otherwise agreed by the Underwriter), bearing CUSIP numbers (provided that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP 4 inal issue discount which would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of a Discounted Obligation who purchase such Discounted Obligations after the initial offering. Owners of Discounted Obligations including purchasers of the Discounted Obligations in the 21 tive history of the market discount provisions of the Code indicate that the same prepayment assumption used to calculate original issue discount should be utilized. 18 n matters will be passed upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about November 19,2009 at DTC against payment therefor. DAVIDSON COMPANIES. D.A.D Davidson & Co. C member SIPC Dated: November 10,2009 TO Of .- 7 O U) CO W CO N M y y U7 .-O n O) W N • M N C 0 U N N O 0 CO O) N - W 0 O a) O Q N W O CO N U) O) .- I,- co W CO O) a) C co .- - '- M -- W O) N N- CO- G 0 Eft N fA fA 'O CO 0N (A EA CO N C4 N . Q N a) O0 a+ U W .c co C N CD CO G Z N cr) co CC V E a1 Cl) N LI, W U ❑ O .c-0N m w w U) a o 0 O o V c Ix ❑ ❑ ❑ o m w m C) rn ra o o E V. d „ ZZZm ; 0o Z R 0) s � 3 ta)y c a) co s y co a)0 CO > N o 4-.n m cn (a 03 y c c ❑2a j nr > O p a 0 co y U a) a, .0 a) U U U U a, '' o)as O `o c ` C E. a0i m to cu U (a N C v « 0 0 0 o aa)) a co ▪ c > W W a U a�i Z a) U C O 2 Z Z Z N U) O o O C a' @ 0)° y > N O co n a) 0 t T) t H E m N F is d' W m Z 0)° N U ce 0 = • to a) a) a) N a) O .5 7 O CC a) )V,� U a•2•F 2 ., Y n w O 03 «' w 2 O N a) d ' V a) y 7 tL 0. a W W M Z CO K c nO OO Z C 0 p X ❑ Dy 0 0 U Z C/j W . uch property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire. Page 3 of 6 Revised 1/31/06 HDR will assist the CITY with ongoing Project implementation by conducting the following tasks: TASK SERIES 100—PROJECT MANAGEMENT Objective: Provide management activities over Project duration including planning, organizing and monitoring Project team activities,preparing and monitoring bidding document production standards,attending meetings and Project quality control. HDR Activities 110—Team Management and Project Control • Resource management and allocation based on Project schedule and activities. • Budget and invoice management. • Schedule monitoring and update for Project development. • Interfacing with subcontractor(Huffman). • Production coordination. 120—Develop Production Guide Standards • Develop guidance document(Project Guide)including the CITY specific design standards applicable for the Project. Guide will document personnel Project activities,constraints,guidelines,budgets and procedures. • Maintain Project Guide,distribute and update as activities dictate. 130—Meeting Attendance • Attend internal team Project coordination/status meetings. • Attend special meetings as requested by the CITY. 140—Quality Control • Conduct formal quality control reviews on all Technical Memorandum and on 30%,60%and 90%Bidding Documents. Meetings/Travel: Local travel. Task Deliverables: Monthly Project status reports submitted with monthly invoicing. Key Understandings and Assumptions: — HDR's Project Manager will be responsible for coordinating management and production activities. — All design activities covered by this scope will be completed in approximately 5 months from Notice to Proceed. — A total of 16 hours is assumed for the special meetings provided under this Task Series. — For the purpose of this Scope of Services,local travel is defined as travel in Omaha and plant site. — Invoicing procedures and level of detail on invoices will be per HDR's standard invoicing practices used on similar CITY projects. A brief description of services provided during the billing period will be included with each invoice. Scope of Services Solids Dewatering Building at the Missouri River at the Wastewater Treatment Facility 10/20/2009 iance officer. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. 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. ver to the Underwriter the Bonds in definitive form (unless otherwise agreed by the Underwriter), bearing CUSIP numbers (provided that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP 4 inal issue discount which would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of a Discounted Obligation who purchase such Discounted Obligations after the initial offering. Owners of Discounted Obligations including purchasers of the Discounted Obligations in the 21 tive history of the market discount provisions of the Code indicate that the same prepayment assumption used to calculate original issue discount should be utilized. 18 n matters will be passed upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about November 19,2009 at DTC against payment therefor. DAVIDSON COMPANIES. D.A.D Davidson & Co. C member SIPC Dated: November 10,2009 TO Of .- 7 O U) CO W CO N M y y U7 .-O n O) W N • M N C 0 U N N O 0 CO O) N - W 0 O a) O Q N W O CO N U) O) .- I,- co W CO O) a) C co .- - '- M -- W O) N N- CO- G 0 Eft N fA fA 'O CO 0N (A EA CO N C4 N . Q N a) O0 a+ U W .c co C N CD CO G Z N cr) co CC V E a1 Cl) N LI, W U ❑ O .c-0N m w w U) a o 0 O o V c Ix ❑ ❑ ❑ o m w m C) rn ra o o E V. d „ ZZZm ; 0o Z R 0) s � 3 ta)y c a) co s y co a)0 CO > N o 4-.n m cn (a 03 y c c ❑2a j nr > O p a 0 co y U a) a, .0 a) U U U U a, '' o)as O `o c ` C E. a0i m to cu U (a N C v « 0 0 0 o aa)) a co ▪ c > W W a U a�i Z a) U C O 2 Z Z Z N U) O o O C a' @ 0)° y > N O co n a) 0 t T) t H E m N F is d' W m Z 0)° N U ce 0 = • to a) a) a) N a) O .5 7 O CC a) )V,� U a•2•F 2 ., Y n w O 03 «' w 2 O N a) d ' V a) y 7 tL 0. a W W M Z CO K c nO OO Z C 0 p X ❑ Dy 0 0 U Z C/j W . uch property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire. Page 3 of 6 Revised 1/31/06 Information and Services Provided by Others: — CITY will provide confirmation of specification approach,drawing software and drawing standards stated in this scope are acceptable for bidding document production. — CITY will endeavor to provide a minimum of 48 hours prior notice for meetings identified in this Task Series. TASK SERIES 200—PREDESIGN ISSUES • Objective: Develop preliminary design information required for detailed design development. HDR Activities: 210—Project Initiation — Conduct visit with the design team to allow team to familiarize themselves with the facility,solidify understanding of field conditions and how those conditions could affect design. 220—Obtain Existing Information — Collect data including existing drawings,operating data and other documents. 230—Electrical Conduit and Conductor Field Investigation — Conduit and conductors reuse based on external corrosion of conduits. — New conduits routing from new electrical room for feasibility of reusing conduits and existing MCC as a junction box. — Routing for temporary power to new MCCs. 240—Transformer Testing — Have transformer and switchgear tested by a third party. 250—Alternatives Brainstorming Workshop — Conduct a workshop with CITY staff to: — Establish and confirm project protocols,goals and objectives. — Facilitate open discussion of concepts. " h rtlist"of cone is/alternatives worthyof serious and - Developa s o p more in-depth evaluation. • Develop technical memorandum documenting the results of the workshop. — Submit memorandum for CITY review and comment. — Finalize memorandum and issue to CITY. Meetings/Travel: Local travel. Task Deliverables: Report on third party testing of Task 240. Workshop TM Key Understandings and Assumptions: — Structural,process,electrical and project management resources have each been provided 4 hours for site visit. Scope of Services Solids Dewatering Building at the Missouri River at the Wastewater Treatment Facility 10/20/2009 with each invoice. Scope of Services Solids Dewatering Building at the Missouri River at the Wastewater Treatment Facility 10/20/2009 iance officer. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. 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. ver to the Underwriter the Bonds in definitive form (unless otherwise agreed by the Underwriter), bearing CUSIP numbers (provided that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP 4 inal issue discount which would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of a Discounted Obligation who purchase such Discounted Obligations after the initial offering. Owners of Discounted Obligations including purchasers of the Discounted Obligations in the 21 tive history of the market discount provisions of the Code indicate that the same prepayment assumption used to calculate original issue discount should be utilized. 18 n matters will be passed upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about November 19,2009 at DTC against payment therefor. DAVIDSON COMPANIES. D.A.D Davidson & Co. C member SIPC Dated: November 10,2009 TO Of .- 7 O U) CO W CO N M y y U7 .-O n O) W N • M N C 0 U N N O 0 CO O) N - W 0 O a) O Q N W O CO N U) O) .- I,- co W CO O) a) C co .- - '- M -- W O) N N- CO- G 0 Eft N fA fA 'O CO 0N (A EA CO N C4 N . Q N a) O0 a+ U W .c co C N CD CO G Z N cr) co CC V E a1 Cl) N LI, W U ❑ O .c-0N m w w U) a o 0 O o V c Ix ❑ ❑ ❑ o m w m C) rn ra o o E V. d „ ZZZm ; 0o Z R 0) s � 3 ta)y c a) co s y co a)0 CO > N o 4-.n m cn (a 03 y c c ❑2a j nr > O p a 0 co y U a) a, .0 a) U U U U a, '' o)as O `o c ` C E. a0i m to cu U (a N C v « 0 0 0 o aa)) a co ▪ c > W W a U a�i Z a) U C O 2 Z Z Z N U) O o O C a' @ 0)° y > N O co n a) 0 t T) t H E m N F is d' W m Z 0)° N U ce 0 = • to a) a) a) N a) O .5 7 O CC a) )V,� U a•2•F 2 ., Y n w O 03 «' w 2 O N a) d ' V a) y 7 tL 0. a W W M Z CO K c nO OO Z C 0 p X ❑ Dy 0 0 U Z C/j W . uch property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire. Page 3 of 6 Revised 1/31/06 Information and Services Provided by Others: — CITY to provide existing drawings on which HDR will rely upon for layout and configuration of existing facilities. — An amount of$3,700 has been included for Task 240 for transformer and switchgear testing based on initial pricing from Electrical Reliability Services. TASK SERIES 300—TECHNICAL MEMORANDUM DEVELOPMENT Objective: Develop technical memorandum to establish the basis for Bidding Document development. HDR Activities: 310—Electrical Improvements • Evaluation of the reuse of the conduit and conductors. • Evaluation of conduit routing. • Evaluation of transformer testing. • Evaluation of new press controls. • Evaluation of cut over to new PLC's. • Develop technical memorandum documenting the results of the evaluation and recommendations. — Submit memorandum for CITY review and comment prior to the Alternatives Evaluation Workshop. — Finalize memorandum and issue to CITY. 320—Polymer System Replacement • Evaluate future(design)sludge loading projections. — Consider future sludge loading projections to develop sizing criteria for polymer storage and feed system. • Evaluate emulsion polymer make-down systems. • Develop technical memorandum documenting the results of the evaluation. — Submit memorandum for CITY review and comment prior to the Alternatives Evaluation Workshop. — Finalize memorandum and issue to CITY. 330—Building Layout Configurations • Evaluate alternative building layout configuration including: — Base plan of electrical/control rooms and polymer feed equipment on upper level with polymer storage. — Electrical/control rooms on upper floor with polymer storage(with tanks through openings)and feed equipment on upper level. • Develop technical memorandum documenting the results of the evaluation. — Submit memorandum for CITY review and comment prior to the Alternatives Evaluation Workshop. — Finalize memorandum and issue to CITY. Scope of Services Solids Dewatering Building at the Missouri River at the Wastewater Treatment Facility 10/20/2009 watering Building at the Missouri River at the Wastewater Treatment Facility 10/20/2009 iance officer. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. 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. ver to the Underwriter the Bonds in definitive form (unless otherwise agreed by the Underwriter), bearing CUSIP numbers (provided that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP 4 inal issue discount which would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of a Discounted Obligation who purchase such Discounted Obligations after the initial offering. Owners of Discounted Obligations including purchasers of the Discounted Obligations in the 21 tive history of the market discount provisions of the Code indicate that the same prepayment assumption used to calculate original issue discount should be utilized. 18 n matters will be passed upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about November 19,2009 at DTC against payment therefor. DAVIDSON COMPANIES. D.A.D Davidson & Co. C member SIPC Dated: November 10,2009 TO Of .- 7 O U) CO W CO N M y y U7 .-O n O) W N • M N C 0 U N N O 0 CO O) N - W 0 O a) O Q N W O CO N U) O) .- I,- co W CO O) a) C co .- - '- M -- W O) N N- CO- G 0 Eft N fA fA 'O CO 0N (A EA CO N C4 N . Q N a) O0 a+ U W .c co C N CD CO G Z N cr) co CC V E a1 Cl) N LI, W U ❑ O .c-0N m w w U) a o 0 O o V c Ix ❑ ❑ ❑ o m w m C) rn ra o o E V. d „ ZZZm ; 0o Z R 0) s � 3 ta)y c a) co s y co a)0 CO > N o 4-.n m cn (a 03 y c c ❑2a j nr > O p a 0 co y U a) a, .0 a) U U U U a, '' o)as O `o c ` C E. a0i m to cu U (a N C v « 0 0 0 o aa)) a co ▪ c > W W a U a�i Z a) U C O 2 Z Z Z N U) O o O C a' @ 0)° y > N O co n a) 0 t T) t H E m N F is d' W m Z 0)° N U ce 0 = • to a) a) a) N a) O .5 7 O CC a) )V,� U a•2•F 2 ., Y n w O 03 «' w 2 O N a) d ' V a) y 7 tL 0. a W W M Z CO K c nO OO Z C 0 p X ❑ Dy 0 0 U Z C/j W . uch property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire. Page 3 of 6 Revised 1/31/06 • 340—Alternatives Evaluation Workshop • Conduct a workshop with CITY staff to: — Review evaluating and tech memo developed in Tasks 310,320 and 330. — Reach agreement on alternatives that best meet CITY needs and objectives considering non-monetary factors as well as anticipated costs. • Develop technical memorandum documenting the results of the workshop. — Submit memorandum for CITY review and comment. — Finalize memorandum and issue to CITY. Meetings/Travel: Local travel. Task Deliverables: Draft and final technical memorandum defming results of evaluations. All items from Tasks 310,320,330 and 340 will be documented in a single technical memorandum. Key Understandings and Assumptions: — CITY will consolidate all comments on documents and present them for discussion. — No field testing of polymer is included. HDR will rely upon manufacturer supplied information. Information and Services Provided by Others: — Timely,organised review comments on deliverables issued for the CITY review. TASK SERIES 400—DESIGN DEVELOPMENT AND BIDDING DOCUMENTS Objective: Utilize the approved Technical Memorandum to develop Contract Documents for bidding and construction. HDR Activities: 410—Development of Technical Specifications • Develop technical specifications from approved technical memorandums to define the scope,extent and character of the work to be performed by the successful bidder. 420—Development of Bidding Drawings • Develop Bidding Drawings from approved technical memorandums to define the scope,extent and character of the work to be performed by the successful bidder. 430—Development of Front-End Documents • HDR will work in conjunction with the CITY to develop Notice-To- Bidders,Information for Bidders,Bid Form and Agreement. 440—Development of Opinion of Probable Construction Cost • Develop Opinion of Probable Construction Cost at 30%and 90%complete to reflect Bidding Document content. Scope of Services Solids Dewatering Building at the Missouri River at the Wastewater Treatment Facility 10/20/2009 ouri River at the Wastewater Treatment Facility 10/20/2009 watering Building at the Missouri River at the Wastewater Treatment Facility 10/20/2009 iance officer. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. 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. ver to the Underwriter the Bonds in definitive form (unless otherwise agreed by the Underwriter), bearing CUSIP numbers (provided that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP 4 inal issue discount which would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of a Discounted Obligation who purchase such Discounted Obligations after the initial offering. Owners of Discounted Obligations including purchasers of the Discounted Obligations in the 21 tive history of the market discount provisions of the Code indicate that the same prepayment assumption used to calculate original issue discount should be utilized. 18 n matters will be passed upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about November 19,2009 at DTC against payment therefor. DAVIDSON COMPANIES. D.A.D Davidson & Co. C member SIPC Dated: November 10,2009 TO Of .- 7 O U) CO W CO N M y y U7 .-O n O) W N • M N C 0 U N N O 0 CO O) N - W 0 O a) O Q N W O CO N U) O) .- I,- co W CO O) a) C co .- - '- M -- W O) N N- CO- G 0 Eft N fA fA 'O CO 0N (A EA CO N C4 N . Q N a) O0 a+ U W .c co C N CD CO G Z N cr) co CC V E a1 Cl) N LI, W U ❑ O .c-0N m w w U) a o 0 O o V c Ix ❑ ❑ ❑ o m w m C) rn ra o o E V. d „ ZZZm ; 0o Z R 0) s � 3 ta)y c a) co s y co a)0 CO > N o 4-.n m cn (a 03 y c c ❑2a j nr > O p a 0 co y U a) a, .0 a) U U U U a, '' o)as O `o c ` C E. a0i m to cu U (a N C v « 0 0 0 o aa)) a co ▪ c > W W a U a�i Z a) U C O 2 Z Z Z N U) O o O C a' @ 0)° y > N O co n a) 0 t T) t H E m N F is d' W m Z 0)° N U ce 0 = • to a) a) a) N a) O .5 7 O CC a) )V,� U a•2•F 2 ., Y n w O 03 «' w 2 O N a) d ' V a) y 7 tL 0. a W W M Z CO K c nO OO Z C 0 p X ❑ Dy 0 0 U Z C/j W . uch property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire. Page 3 of 6 Revised 1/31/06 450—Review of Bidding Documents • Submit bid documents to the CITY for review and comment at 30%,60% and 90%complete. • Meet with the CITY to discuss and resolve comments. • Incorporate the CITY and internal HDR QC comments into final Bidding Document package. Meetings/Travel: Local travel. Task Deliverables: — Responses to fmal review comments. — Opinions of Probable Construction Cost. — Three hard copy,full sized sets of drawings and specifications will be provided for CITY review. — Three hard copy,full sized sets of final bidding documents will be provided along with two CDs of the final bidding documents. Key Understandings And Assumptions: — The number of prime contracts for work designed or specified by HDR is two(2),generally described as: o Motor Control Center Replacement o Polymer System Replacement — No major construction work outside of the Solids Processing Building itself is assumed. — Where available,HDR's master specifications will be used for development of technical specifications. — HDR drafting standards will be used to produce all drawings. — The design is based on the following general components/configuration: • New separate electrical and control rooms on upper level • New polymer feed equipment on upper level • New polymer storage tanks and containment located within existing openings(at upper level or intermediate level)supported on existing columns o It is assumed the polymer storage tanks can be supported on the existing vacuum filter columns and building piles. • New PLC-based control equipment will be provided for the new and existing equipment. — Estimated drawing count is 42 drawings. — HDR will utilize AutoCAD Version 2008 for production of Project drawings. — Opinion of Probable Construction Cost will be developed using Excel software with the format of estimate being broken down by structure. Construction Specification Institute(CSI)Divisions 2-16 breakout will be used for each structure. — HDR cannot and does not guarantee that proposals,bids,or actual construction cost will not vary from opinions of probable construction cost prepared under this scope. If CITY wishes greater assurance as to probable construction cost,CITY shall employ an independent cost estimator. — Drawing size for the Project is set at 22 x 34 IN. Scope of Services Solids Dewatering Building at the Missouri River at the Wastewater Treatment Facility 10/20/2009 bcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. 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. ver to the Underwriter the Bonds in definitive form (unless otherwise agreed by the Underwriter), bearing CUSIP numbers (provided that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP 4 inal issue discount which would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of a Discounted Obligation who purchase such Discounted Obligations after the initial offering. Owners of Discounted Obligations including purchasers of the Discounted Obligations in the 21 tive history of the market discount provisions of the Code indicate that the same prepayment assumption used to calculate original issue discount should be utilized. 18 n matters will be passed upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about November 19,2009 at DTC against payment therefor. DAVIDSON COMPANIES. D.A.D Davidson & Co. C member SIPC Dated: November 10,2009 TO Of .- 7 O U) CO W CO N M y y U7 .-O n O) W N • M N C 0 U N N O 0 CO O) N - W 0 O a) O Q N W O CO N U) O) .- I,- co W CO O) a) C co .- - '- M -- W O) N N- CO- G 0 Eft N fA fA 'O CO 0N (A EA CO N C4 N . Q N a) O0 a+ U W .c co C N CD CO G Z N cr) co CC V E a1 Cl) N LI, W U ❑ O .c-0N m w w U) a o 0 O o V c Ix ❑ ❑ ❑ o m w m C) rn ra o o E V. d „ ZZZm ; 0o Z R 0) s � 3 ta)y c a) co s y co a)0 CO > N o 4-.n m cn (a 03 y c c ❑2a j nr > O p a 0 co y U a) a, .0 a) U U U U a, '' o)as O `o c ` C E. a0i m to cu U (a N C v « 0 0 0 o aa)) a co ▪ c > W W a U a�i Z a) U C O 2 Z Z Z N U) O o O C a' @ 0)° y > N O co n a) 0 t T) t H E m N F is d' W m Z 0)° N U ce 0 = • to a) a) a) N a) O .5 7 O CC a) )V,� U a•2•F 2 ., Y n w O 03 «' w 2 O N a) d ' V a) y 7 tL 0. a W W M Z CO K c nO OO Z C 0 p X ❑ Dy 0 0 U Z C/j W . uch property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire. Page 3 of 6 Revised 1/31/06 Information and Services Provided by Others: — Timely,organized review comments on deliverables issued for the CITY review. — The CITY will provide requirements for insurance required on the Project and other CITY required front end document information. TASK SERIES 500—BIDDING SERVICES(ELECTRICAL AND POLYMER SYSTEM IMPROVEMENTS) Objective: Assist the CITY in bidding activities. HDR Activities: 510—Bidding Assistance • Respond to technical questions posed by perspective bidders during bidding. • Prepare addenda as necessary to respond to bidder questions and modify the bidding documents 520—Prebid Meeting • Conduct Prebid Meetings(2)with CITY to answer questions from prospective bidders. • Prepare meeting agenda. • Prepare meeting place and provide for meeting documentation. • Distribute meeting notes to all persons in attendance. Meetings/Travel: Local travel. Task Deliverables: — Prebid Meeting agenda. — Prebid Meeting minutes. — Addenda. Key Understandings and Assumptions: — The number of prime contracts for bidding services is.two(2). — HDR will provide master copy of each addendum to CITY for duplication and distribution by the CITY to all bidding document plan holders. — A maximum of two addenda are assumed for each document set. Information and Services Provided by Others: — Prebid Meeting will be held at the Missouri River WWTP facilities. — Appropriate CITY personnel will attend Prebid Meeting to answer non- technical questions posted by the perspective bidders. Scope of Services Solids Dewatering Building at the Missouri River at the Wastewater Treatment Facility 10/20/2009 equipment will be provided for the new and existing equipment. — Estimated drawing count is 42 drawings. — HDR will utilize AutoCAD Version 2008 for production of Project drawings. — Opinion of Probable Construction Cost will be developed using Excel software with the format of estimate being broken down by structure. Construction Specification Institute(CSI)Divisions 2-16 breakout will be used for each structure. — HDR cannot and does not guarantee that proposals,bids,or actual construction cost will not vary from opinions of probable construction cost prepared under this scope. If CITY wishes greater assurance as to probable construction cost,CITY shall employ an independent cost estimator. — Drawing size for the Project is set at 22 x 34 IN. Scope of Services Solids Dewatering Building at the Missouri River at the Wastewater Treatment Facility 10/20/2009 bcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. 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. ver to the Underwriter the Bonds in definitive form (unless otherwise agreed by the Underwriter), bearing CUSIP numbers (provided that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP 4 inal issue discount which would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of a Discounted Obligation who purchase such Discounted Obligations after the initial offering. Owners of Discounted Obligations including purchasers of the Discounted Obligations in the 21 tive history of the market discount provisions of the Code indicate that the same prepayment assumption used to calculate original issue discount should be utilized. 18 n matters will be passed upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about November 19,2009 at DTC against payment therefor. DAVIDSON COMPANIES. D.A.D Davidson & Co. C member SIPC Dated: November 10,2009 TO Of .- 7 O U) CO W CO N M y y U7 .-O n O) W N • M N C 0 U N N O 0 CO O) N - W 0 O a) O Q N W O CO N U) O) .- I,- co W CO O) a) C co .- - '- M -- W O) N N- CO- G 0 Eft N fA fA 'O CO 0N (A EA CO N C4 N . Q N a) O0 a+ U W .c co C N CD CO G Z N cr) co CC V E a1 Cl) N LI, W U ❑ O .c-0N m w w U) a o 0 O o V c Ix ❑ ❑ ❑ o m w m C) rn ra o o E V. d „ ZZZm ; 0o Z R 0) s � 3 ta)y c a) co s y co a)0 CO > N o 4-.n m cn (a 03 y c c ❑2a j nr > O p a 0 co y U a) a, .0 a) U U U U a, '' o)as O `o c ` C E. a0i m to cu U (a N C v « 0 0 0 o aa)) a co ▪ c > W W a U a�i Z a) U C O 2 Z Z Z N U) O o O C a' @ 0)° y > N O co n a) 0 t T) t H E m N F is d' W m Z 0)° N U ce 0 = • to a) a) a) N a) O .5 7 O CC a) )V,� U a•2•F 2 ., Y n w O 03 «' w 2 O N a) d ' V a) y 7 tL 0. a W W M Z CO K c nO OO Z C 0 p X ❑ Dy 0 0 U Z C/j W . uch property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire. Page 3 of 6 Revised 1/31/06 TASK SERIES 600—POST DESIGN SERVICES Objective: Provide post design services for the work included in the Contract Documents. HDR Activities: 610—Construction Phase Services • Professional services for construction phase services for both projects as negotiated following completion of design. Scope of Services Solids Dewatering Building at the Missouri River at the Wastewater Treatment Facility 10/20/2009 OVED AS TO FORM: 1 * - 11/q f t CityA Deputy torney Revised: 10/2009 dba"Ruby's Nite Club", 623 South 16th Street. That,the cost of publication of notice of the hearing was $26.00. November 24, 2009 - Resolution No. 1331 - Motion to adopt. Carried 6-0. By 061:1712441 ..-° Councilmember Adopted NOV 242119 6 _0 42, ._, ity Clerk/VAC-4 Approved .. - . Mayor er's Discount). ` EXIDBIT"E" BREAKDOWN OF COSTS • ost design services for the work included in the Contract Documents. HDR Activities: 610—Construction Phase Services • Professional services for construction phase services for both projects as negotiated following completion of design. Scope of Services Solids Dewatering Building at the Missouri River at the Wastewater Treatment Facility 10/20/2009 OVED AS TO FORM: 1 * - 11/q f t CityA Deputy torney Revised: 10/2009 dba"Ruby's Nite Club", 623 South 16th Street. That,the cost of publication of notice of the hearing was $26.00. November 24, 2009 - Resolution No. 1331 - Motion to adopt. Carried 6-0. By 061:1712441 ..-° Councilmember Adopted NOV 242119 6 _0 42, ._, ity Clerk/VAC-4 Approved .. - . 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Construction Specification Institute(CSI)Divisions 2-16 breakout will be used for each structure. — HDR cannot and does not guarantee that proposals,bids,or actual construction cost will not vary from opinions of probable construction cost prepared under this scope. If CITY wishes greater assurance as to probable construction cost,CITY shall employ an independent cost estimator. — Drawing size for the Project is set at 22 x 34 IN. Scope of Services Solids Dewatering Building at the Missouri River at the Wastewater Treatment Facility 10/20/2009 bcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. 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. ver to the Underwriter the Bonds in definitive form (unless otherwise agreed by the Underwriter), bearing CUSIP numbers (provided that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP 4 inal issue discount which would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of a Discounted Obligation who purchase such Discounted Obligations after the initial offering. Owners of Discounted Obligations including purchasers of the Discounted Obligations in the 21 tive history of the market discount provisions of the Code indicate that the same prepayment assumption used to calculate original issue discount should be utilized. 18 n matters will be passed upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about November 19,2009 at DTC against payment therefor. DAVIDSON COMPANIES. D.A.D Davidson & Co. C member SIPC Dated: November 10,2009 TO Of .- 7 O U) CO W CO N M y y U7 .-O n O) W N • M N C 0 U N N O 0 CO O) N - W 0 O a) O Q N W O CO N U) O) .- I,- co W CO O) a) C co .- - '- M -- W O) N N- CO- G 0 Eft N fA fA 'O CO 0N (A EA CO N C4 N . Q N a) O0 a+ U W .c co C N CD CO G Z N cr) co CC V E a1 Cl) N LI, W U ❑ O .c-0N m w w U) a o 0 O o V c Ix ❑ ❑ ❑ o m w m C) rn ra o o E V. d „ ZZZm ; 0o Z R 0) s � 3 ta)y c a) co s y co a)0 CO > N o 4-.n m cn (a 03 y c c ❑2a j nr > O p a 0 co y U a) a, .0 a) U U U U a, '' o)as O `o c ` C E. a0i m to cu U (a N C v « 0 0 0 o aa)) a co ▪ c > W W a U a�i Z a) U C O 2 Z Z Z N U) O o O C a' @ 0)° y > N O co n a) 0 t T) t H E m N F is d' W m Z 0)° N U ce 0 = • to a) a) a) N a) O .5 7 O CC a) )V,� U a•2•F 2 ., Y n w O 03 «' w 2 O N a) d ' V a) y 7 tL 0. a W W M Z CO K c nO OO Z C 0 p X ❑ Dy 0 0 U Z C/j W . uch property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire. Page 3 of 6 Revised 1/31/06 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: - ,? WHEREAS, an engineering evaluation and design is needed for the replacement of the electrical motor control center and polymer mixing system and associated items.:for the solids processing building at the Missouri River Wastewater Treatment Plant; and, .'. WHEREAS, HDR Engineering, Inc. has been selected through the Architects and Engineers selection process to provide engineering design services and produce plans and specifications for the replacement of the electrical motor control center and polymer mixing system and associated items, the details of these services are described in Exhibit "D" of the attached agreement which by this reference becomes part herein; and, WHEREAS, the cost of these engineering services will not exceed $269,138.00 which will be paid from the Sewer Revenue Improvement Fund 21124, Capital Asset Replacement Organization 116913. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Engineering Services Agreement with HDR Engineering, Inc., to provide engineering evaluation and design as needed for the replacement of the electrical motor control center and polymer mixing system and associated items for the solids processing building at the Missouri River Wastewater Treatment Plant, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the fee which will not exceed $269,138.00 for these engineering services from the Sewer Revenue Improvement Fund 21124, Capital Asset Replacement Organization 116913. - 1367hf APPROVED AS TO FORM: -Y ATTORNEY DATE 444,440,14. . By 4°47 Councilmember Adopted "NOV 2 4 2009 6—a i.,„4 =ILlerk/// /Q? ir Approved ayor YYY��'�,g YY Y YY f 7 N .yy N NN NN N NN N NN N NN �f" COON ¢ ¢¢ ¢ ¢¢ ¢¢ ¢ .¢¢ ¢ ¢¢ ¢ ¢¢ 00 g broken down by structure. Construction Specification Institute(CSI)Divisions 2-16 breakout will be used for each structure. — HDR cannot and does not guarantee that proposals,bids,or actual construction cost will not vary from opinions of probable construction cost prepared under this scope. If CITY wishes greater assurance as to probable construction cost,CITY shall employ an independent cost estimator. — Drawing size for the Project is set at 22 x 34 IN. Scope of Services Solids Dewatering Building at the Missouri River at the Wastewater Treatment Facility 10/20/2009 bcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. 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. ver to the Underwriter the Bonds in definitive form (unless otherwise agreed by the Underwriter), bearing CUSIP numbers (provided that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP 4 inal issue discount which would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of a Discounted Obligation who purchase such Discounted Obligations after the initial offering. Owners of Discounted Obligations including purchasers of the Discounted Obligations in the 21 tive history of the market discount provisions of the Code indicate that the same prepayment assumption used to calculate original issue discount should be utilized. 18 n matters will be passed upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about November 19,2009 at DTC against payment therefor. DAVIDSON COMPANIES. D.A.D Davidson & Co. C member SIPC Dated: November 10,2009 TO Of .- 7 O U) CO W CO N M y y U7 .-O n O) W N • M N C 0 U N N O 0 CO O) N - W 0 O a) O Q N W O CO N U) O) .- I,- co W CO O) a) C co .- - '- M -- W O) N N- CO- G 0 Eft N fA fA 'O CO 0N (A EA CO N C4 N . Q N a) O0 a+ U W .c co C N CD CO G Z N cr) co CC V E a1 Cl) N LI, W U ❑ O .c-0N m w w U) a o 0 O o V c Ix ❑ ❑ ❑ o m w m C) rn ra o o E V. d „ ZZZm ; 0o Z R 0) s � 3 ta)y c a) co s y co a)0 CO > N o 4-.n m cn (a 03 y c c ❑2a j nr > O p a 0 co y U a) a, .0 a) U U U U a, '' o)as O `o c ` C E. a0i m to cu U (a N C v « 0 0 0 o aa)) a co ▪ c > W W a U a�i Z a) U C O 2 Z Z Z N U) O o O C a' @ 0)° y > N O co n a) 0 t T) t H E m N F is d' W m Z 0)° N U ce 0 = • to a) a) a) N a) O .5 7 O CC a) )V,� U a•2•F 2 ., Y n w O 03 «' w 2 O N a) d ' V a) y 7 tL 0. a W W M Z CO K c nO OO Z C 0 p X ❑ Dy 0 0 U Z C/j W . uch property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire. Page 3 of 6 Revised 1/31/06 J H1. Ut! I. !dilit O- CD d Aa ' N ° (4 .i a' ,N. 1� (1 't Z I ��J!''RR��.�� CD b0 ,,-, AD ..• fA `--, r n C ° `� �n coo cD CO 42. 0. •-)7i 0 c� • cD r* Pi:: 0.4 cD f -, c..< '*-k. \ ci) CD ° C C�. Narn .p ' 'd cn 0 a 0 Cn . • . rL• , u, t4 N J t. L r 24, 2009 - Resolution No. 1331 - Motion to adopt. Carried 6-0. By 061:1712441 ..-° Councilmember Adopted NOV 242119 6 _0 42, ._, ity Clerk/VAC-4 Approved .. - . Mayor er's Discount). `