RES 2022-0620 - PSA with Thiele Geotech for professional services to review and update City's Standard Concrete Specificationsservices as defined in Exhibit “B” not meeting this standard without additional compensation.
H.Subsurface Investigations.In soils,foundation,groundwater,and other subsurface investigations,
the actual characteristics may vary significantly between successive test points and sample
intervals and at locations other than where observations,exploration,and investigations have been
made.Because of the inherent uncertainties in subsurface evaluations,changed or unanticipated
underground conditions may occur that could affect total PROJECT cost and/or execution.These
conditions and cost/execution effects are not the responsibility of Provider.
I.Provider's Personnel at Construction Site (where applicable)
i.The presence or duties of Provider's personnel at a construction site,whether as onsite
representatives or otherwise,do not make Provider or Provider's personnel in any way
responsible for those duties that belong to City and/or the construction contractors or
other entities,and do not relieve the construction contractors or any other entity of their
obligations,duties,and responsibilities,including,but not limited to,all construction
methods,means,techniques,sequences,and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the construction
Contract Documents and any health or safety precautions required by such construction
work.
ii.Provider and Provider's personnel have no authority to exercise any control over any
construction contractor or other entity or their employees in connection with their work
or any health or safety precautions and have no duty for inspecting the health or safety
deficiencies of the construction contractor(s)or other entity or any other persons at the
site except Provider's own personnel.
iii.The presence of Provider's personnel at a construction site is for the purpose of providing
to City a greater degree of confidence that the completed construction work will conform
generally to the construction documents and that the integrity of the design concept as
reflected in the construction documents has been implemented and preserved by the
construction contractor(s).Provider neither guarantees the performance of the
construction contractor(s)nor assumes responsibility for construction contractor's failure
to perform work in accordance with the construction documents.
For this AGREEMENT only,construction sites include places of manufacture for materials
incorporated into the construction work,and construction contractors include manufacturers of
materials incorporated into the construction work.
J.Construction Progress Payments.Where construction phase services are provided;
recommendations by Provider to City for periodic construction progress payments to the
construction contractor(s)will be based on Provider's knowledge,information,and belief from
selective sampling that the work has progressed to the point indicated.Such recommendations
do not represent that continuous or detailed examinations have been made by Provider to
ascertain that the construction contractor(s)have completed the work in exact accordance with
the construction documents;that the final work will be acceptable in all respects;that Provider
has made an examination to ascertain how or for what purpose the construction contractor(s)
have used the moneys paid;that title to any of the work,materials,or equipment has passed to
City free and clear of liens,claims,security interests,or encumbrances;or that there are no other
matters at issue between City and the construction contractors that affect the amount that should
be paid.
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K.Record Drawings.Record drawings,if required,will be prepared,in part,on the basis of
information compiled and furnished by others,and may not always represent the exact location,
type of various components, or exact manner in which the PROJECT was finally constructed.
Provider is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
III.DUTIES OF CITY
A.City designates Todd Pfitzer,whose business address and phone number are 1819 Farnam
Street,Omaha,NE 68183,as its contact person for this project,who shall provide a notice to
proceed and such other written authorizations as are necessary to commence or proceed with
the project and various aspects of it.
B.City Furnished Data.Upon request,City will provide to Provider all available/known data in
City's possession relating to Provider's services on the PROJECT.Provider will reasonably
rely upon the accuracy, timeliness, and completeness of the information provided by City.
C.Access to Facilities and Property.City will make its facilities accessible to Provider as
required for Provider's performance of its services.
D.Advertisements,Permits,and Access.Unless otherwise agreed to in the Scope of Services,
City will obtain,arrange,and pay for all advertisements for bids;permits and licenses
required by local,state,or federal authorities;and land,easements,rights-of-way,and access
necessary for Provider's services or PROJECT construction.
E.Prompt Notice.City will give prompt written notice to Provider whenever City observes or
becomes aware of any development that affects the scope or timing of Provider's Services,or
of any defect in the work of Provider or construction contractors.
F.Asbestos or Hazardous Substances.
1)If asbestos or hazardous substances in any form are encountered or suspected,Provider
will stop its own work in the affected portions of the PROJECT to permit testing and
evaluation.
2)If asbestos is suspected,Provider will,if requested and if Provider has the knowledge,
skills and ability,manage the asbestos remediation activities using a qualified
subcontractor at an additional fee and contract terms to be negotiated.
3)City recognizes that Provider assumes no risk and/or liability for a waste or hazardous
waste site originated by other than Provider.
G.Litigation Assistance.The Scope of Services does not include costs of Provider for required
or requested assistance to support,prepare,document,bring,defend,or assist in litigation
undertaken or defended by City.All such Services required or requested of Provider by City,
except for suits or claims between the parties to this AGREEMENT,will be reimbursed as
mutually agreed.
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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 it exceed $60,981.00.Detailed breakdown of costs shall be shown
in Exhibit “C”.
B.Reimbursable expenses shall be billed to the City by the Provider.Invoices billed to the City for
services by the Provider shall be limited to services performed within a single calendar year.For
agreements which span multiple calendar years,invoicing shall be separated between calendar
years.Year-end invoices (for services through December 31 of a given calendar year)shall be
submitted to the City no later than January 31 of the following calendar year.After review and
approval,City shall provide payment for reimbursable expenses on a monthly basis unless the
parties agree to some other schedule.Provider shall pay any suppliers or sub-contractors within
30 days of receipt of reimbursement from the City.
C.Errors and Omissions.Additional work that is required to be performed by Provider that is a
result of errors or omissions by Provider shall not be compensated by City.
D.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 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 documents prepared under this Agreement shall become the
property of the City.The City shall not reuse on another Project or make any modifications to the
documents without 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 documents by the City,regardless of whether such reuse
or modification is for use on this Project or another Project
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VI.ADDITIONAL SERVICES
In the event additional services for the aforementioned Project not covered under this Agreement
are required, the Provider agrees to provide such services at a mutually agreed upon cost.
VII.INSURANCE REQUIREMENTS
The 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.
VIII.INDEMNIFICATION
The Provider agrees,to the fullest extent permitted by law,to indemnify,defend and hold harmless
the City,its officers,directors and employees (collectively,City)against all damages,liabilities or
costs,including reasonable attorney’s 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;provided,that with respect solely to the said duty
to defend,such duty of the Provider to defend shall arise only if,and to the extent,such duty is
covered by Provider’s liability insurance.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 attorney’s 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 matter whatsoever for the other party’s own
negligence.The Provider shall not be liable for any loss of profit,loss of business or any incidental,
special, indirect or consequential losses.
IX.TERMINATION OF AGREEMENT
Either party may terminate this Agreement without cause upon fifteen (15)days’notice in writing.
If either party breaches this Agreement,the non-defaulting party may terminate this Agreement
after giving seven (7)days’notice to remedy the breach.On termination of this Agreement,the City
shall forthwith pay Provider for the services performed 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,creed,religion,sex,marital status,sexual orientation,gender identity,age,or
disability as recognized under 42 USCS 12101 et seq.and Omaha Municipal Code section
13-89,race,color,creed,religion,sex,marital status,sexual orientation,gender identity,
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national origin, age, or disability.
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.Authorization to Proceed.Execution of this AGREEMENT by City will be authorization for
Provider to proceed with the work, unless otherwise provided for in this AGREEMENT.
G.Force Majeure.Provider is not responsible for damages or delay in performance caused by
acts of God,strikes,lockouts,accidents,or other events beyond the control of Provider.In
any such event, Provider ’s contract price and schedule shall be equitably adjusted.
H.Intellectual Property.City acknowledges and agrees that in the performance of the
development service,Provider may utilize its proprietary data,concepts,methods,techniques,
processes,protocols,ideas,inventions,know-how,trade secrets,algorithm,software,works
of authorship,software and hardware architecture,databases,tools,other background
technologies and standards of judgment that Provider developed or licensed from third parties
prior to the Effective Date (the “Pre-Existing Technology”).
Subject to the terms and conditions of this AGREEMENT,Provider hereby grants to City a
non-exclusive,non-transferable,royalty-free license under Provider ’s Intellectual Property
Rights to utilize the Pre-Existing Technology for the purpose of the City Project.
City shall not,and shall not allow any third party to:(i)modify or otherwise create derivative
works of the Pre-Existing Technology;(ii)use the Pre-Existing Technology for any other
purpose,other than the City Project;(iii)make,have made,use,reproduce,license,display,
perform,distribute,sell,offer for sale,service,support,or import any product that
incorporates,embodies and/or is based upon the Pre-Existing Technology;(iv)sublicense,
distribute or otherwise transfer to a third party any of the Pre-Existing Technology by itself or
as incorporated into software or hardware;or (v)reverse engineer,disassemble,decompile or
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attempt to derive the source code or underlying ideas or algorithms of the Pre-Existing
Technology. Any additional use of the Pre-Existing Technology shall require a separate
written license agreement.
I.Suspension,Delay,or Interruption of Work.City may suspend,delay,or interrupt the
Services of Provider for the convenience of City.In such event,Provider's contract price and
schedule shall be equitably adjusted.
J.No Third Party Beneficiaries.This Agreement gives no rights or benefits to anyone other
than City and Provider and has no third- party beneficiaries.
K.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.
L.Modification.This Agreement contains the entire Agreement of the parties.No
representations were made or relied upon by either party other than those that are expressly
set forth herein.No agent,employee,or other representative of either party is empowered to
alter any of the terms hereof unless done in writing and signed by an authorized officer of the
respective parties.
M.Assignment.The Provider may not assign its rights under this Agreement without the
express prior written consent of the City.
N.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.
O.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 service 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.
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P.Certificate of Authorization.If this Agreement contemplates the performance of professional
architecture or engineering work by the Provider,the Provider shall provide to the City,and
maintain in good standing,a current Certificate of Authorization from the State of Nebraska
as required by Neb. Rev. Stat. section 81-3436.
Q.Debarment or suspension by any federal agency.(This section applies if any part of this
Agreement is funded by a federal agency.)Office of Management and Budget (OMB)guidelines
require that any individual or entity that has been placed on the Excluded Parties List System
(“EPLS”-available for review through www.sam.gov)may not be a participant in a federal
agency transaction that is a covered transaction or act as a principal of a person participating in
one of those covered transactions.These guidelines apply to covered transactions under a grant
from any federal agency for which a recipient expects to receive reimbursement for expenditures
incurred or an advance on future expenditures.
The Contractor providing goods and/or services to the City of Omaha certifies,by acceptance
and execution of this Agreement,that neither it nor its principals are presently debarred,
suspended,proposed for debarment,declared ineligible,or voluntarily excluded from
participation in this transaction by any federal department or agency.The Contractor further
agrees,by accepting and executing this Agreement,that it will include this clause without
modification in all lower tier transactions,solicitations,proposals,contracts,and
subcontracts.Where the Contractor or any lower tier participant is unable to certify this
statement, it shall attach an explanation to this Agreement.
R.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 or applicant for employment
because of race,color,creed,religion,sex,marital status,sexual orientation,gender
identity,national origin,age,or disability.The Contractor shall ensure that applicants are
employed and that employees are treated during employment without regard to their race,
color,creed,religion,sex,marital status,sexual orientation,gender identity,national
origin,age,or disability.As used herein,the word “treated”shall mean and include,
without limitation,the following:recruited,whether by advertising or by other means;
compensated;selected for training,including apprenticeship;promoted;upgraded;
demoted;downgraded;transferred;laid off;and terminated.The Contractor agrees to and
shall post in conspicuous places,available to employees and applicants for employment,
notices to be provided by the contracting officers setting forth the provisions of this
nondiscrimination clause.
2)The Contractor shall,in all solicitations or advertisements for employees placed by or on
behalf of the Contractor,state that all qualified applicants will receive consideration for
employment without regard to race,color,creed,religion,sex,marital status,sexual
orientation, gender identity, national origin, age, or disability.
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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 applications for employment.
4)The Contractor shall furnish to the Human Rights and Relations Director all Federal
forms containing the information and reports required by the Federal government for
Federal contracts under Federal rules and regulations,and including the information
required by Sections 10-192 to 10-194,inclusive,and shall permit reasonable access to
his records.Records accessible to the Human Rights and Relations Director shall be those
which are related to Paragraphs (1) through
(7)of this subsection and only after reasonable notice is given the Contractor.The
purpose for this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
5)The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing provisions of Paragraphs (1)through (7)herein,including
penalties and sanctions for noncompliance;however,in the event the Contractor becomes
involved in or is threatened with litigation as the result of such directions by the City,the
City will enter into such litigation as necessary to protect the interests of the City and to
effectuate the provisions of this division;and in the case of contracts receiving Federal
assistance,the Contractor or the City may request the United States 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 Human Rights and Relations Director.
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 or
purchase order so that such provisions will be binding upon each subcontractor or vendor.
S.Conflict. In the event of any conflict between this Agreement and any of the exhibits attached
hereto, the terms of this Agreement shall take precedence.
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EXHIBIT “A”
RESERVED
EXHIBIT “B”
SCOPE OF SERVICES
Material Testing Proposal January 11, 2022
Exhibit B
Exhibit B-Scope of Services
City of Omaha
PCC Mix Design Development
Omaha, Nebraska
January 11, 2022
SCOPE OF SERVICES
1.Attend PCC & Stakeholder development meetings/forums and record meeting minutes
2.Provide feedback regarding current PCC practices & mixes
3.Develop conceptual PCC mix designs for use in paving and sidewalks
4.Perform laboratory trials on conceptual PCC mix designs
5.Perform ASTM C666 Freeze/Thaw testing on individual mixes
6.Provide a report of findings for each mix tested
Test procedures and requirements will be per City of Omaha and NDOT Specifications. Professional
services will be incremental as directed by the City of Omaha.
Material Testing Proposal January 11, 2022
Exhibit B
GENERAL CONDITIONS
Thiele Geotech Inc
1. SCOPE OF WORK: Thiele Geotech, Inc. (including its officers,
directors, employees and subconsultants, hereafter referred to as TG) shall
perform the services described in the contract and shall invoice the client
for those services at the Fee Schedule rates. Any cost estimates stated in
this contract shall not be considered as firm figures unless specifically
stated in this contract. If unexpected site conditions are discovered, the
scope of services may change. TG will provide additional services at the
contract Fee Schedule rates.
2.ACCESS TO SITES, PERMITS, AND APPROVALS: The client shall
furnish TG with right-of-access to the site in order to conduct the planned
exploration. Unless otherwise agreed, the client will also secure all
necessary permits, approvals, licenses, and consents necessary to the
performance of the services hereunder. While TG will take reasonable
precautions to minimize damage to the property, it is understood by the
client that, in the normal course of work, some damage may occur, the
restoration of which is not part of this agreement.
3. UTILITIES: In the performance of its work, TG will take reasonable
precautions to avoid damage or injury to subsurface utilities or structures.
This includes requesting locates of utility owned lines and services. The
client agrees to hold TG harmless and indemnify TG for any claims,
payments, or other liability, including attorney fees, incurred by TG for
damage to any privately owned subsurface utilities or structures which are
not correctly identified to TG.
4.UNANTICIPATED HAZARDOUS MATERIALS: It shall be the duty of
the client to advise TG of any known or suspected hazardous substances
which are or may be related to the services provided; such hazardous
substances including but not limited to products, materials, or wastes which
may exist on or near any premises upon which work is to be performed by
TG. If TG observes or suspects the existence of hazardous materials
during the course of providing services, TG may, at its option, suspend
further work on the project and notify client of the conditions. Services will
be resumed only after a renegotiation of scope of services and fees. In the
event that such renegotiation cannot occur to the satisfaction of TG, TG
may, at its option, terminate this contract. It is understood and agreed that
TG does not create, generate, or at any time take possession or ownership
of hazardous materials as a result of its exploration services.
5. REPORTS AND INVOICES: TG will furnish up to 3 copies of reports
to the client. Additional copies will be provided at the expense of the client.
TG may submit invoices to the client monthly and upon completion of
services. Payment is due upon presentation of invoices and past due 30
days from the invoice date. Client agrees to pay a finance charge on past
due invoices of 1.25 percent per month, but not exceeding the maximum
rate allowed by law.
6. OWNERSHIP OF DOCUMENTS: All reports, boring logs, data, notes,
calculations, estimates, and other documents prepared by TG as
instruments of service shall remain the property of TG.
7. SAMPLE DISPOSAL: Unless otherwise agreed, test specimens or
samples will be disposed immediately upon completion of the test.
8. CONFIDENTIALITY: TG will hold confidential all business or technical
information obtained from the client or generated in the performance of
services hereunder and identified in writing by the client as confidential. TG
will not disclose such information without the client's consent except to the
extent required for; 1) performance of services under this contract; 2)
compliance with professional standards of conduct for preservation of
public safety, health, and welfare; 3) compliance with any court order or
other governmental directive; and/or 4) protection of TG against claims or
liabilities arising from performance of services under this contract. TG's
obligations hereunder shall not apply to information in the public domain or
lawfully acquired on a non-confidential basis from others. TG's technical
and pricing information are to be considered confidential and proprietary,
and shall not be released or otherwise made available to any third party
without the express written consent of TG.
9.STANDARD OF CARE: Services performed by TG under this contract
will be conducted in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing
under similar conditions. No other warranty, express or implied, is made or
intended by the proposal for services or by furnishing oral or written reports
of the findings made. The client recognizes that TG does not owe any
fiduciary responsibility to the client. The client further recognizes that
subsurface conditions may vary from those encountered at the location
where borings, surveys, tests, or explorations are made by TG, and that the
data, interpretations, and recommendations of TG are based solely upon
the data available to TG. TG will be responsible for those data,
interpretations, and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
10. LIMITATION OF LIABILITY: In recognition of the relative risks,
rewards, and benefits to both the client and to TG, the risks have been
allocated such that the client agrees to limit TG's liability to the client and
all other parties claiming to have relied on TG's work provided through the
client to $50,000 or TG's total fee for services rendered on this project,
whichever is greater. This limitation of liability is a business understanding
between the parties voluntarily and knowingly entered into, and shall apply
to all theories of recovery including, but not limited to, breach of contract,
warranty, tort (including negligence), strict or statutory liability, or any other
cause of action except for willful misconduct or gross negligence.
11. CONSEQUENTIAL DAMAGES: Neither party, including their
respective contractors or subconsultants, shall be liable to the other or shall
make any claim for any incidental, indirect or consequential damages. This
mutual waiver of consequential damages shall include, but is not limited to:
loss of use, loss of profit, loss of business, loss of income, loss of reputation,
and any other consequential damages that either party may have incurred
from any cause of action including negligence, strict liability, breach of
contract, and breach of strict or implied warranty.
12. CLAIMS: Client agrees that any claim for damages filed against TG by
Client or any contractor or subcontractor hired directly or indirectly by Client
will be filed solely against TG or its successors or assigns, and that no
individual person shall be made personally liable for damages, in whole or
in part. All claims by Client shall be deemed relinquished unless filed within
one year after substantial completion of TG’s services under this
agreement.
13. TERMINATION: This contract may be terminated by either party upon
7 days prior written notice. In the event of termination, TG shall be
compensated by client for all services performed up to and including the
termination date and for the completion of such services and records as are
necessary to place TG's files in order and/or protect its professional
reputation. If either party terminates this contract, these General Conditions
shall survive termination and shall remain enforceable between the parties.
14. DISPUTE RESOLUTION: In an effort to resolve any conflicts that arise
during or following this project, the client and TG agree that all disputes
between them arising out of or related to this agreement shall be submitted
to nonbinding mediation unless the parties mutually agree otherwise. The
client and TG also agree to include a similar mediation provision in all
agreements with independent contractors and consultants thereby
providing for mediation as the primary method for dispute resolution for all
parties on the project.
15. PRECEDENCE: These standards, terms, and conditions shall take
precedence over any inconsistent or contradictory language contained in
any proposal, contract, purchase order, requisition, notice to proceed, or
like document regarding TG's services.
16. ASSIGNMENT: Neither party under this contract may transfer or
assign any rights under or interests in this contract without the prior written
consent of the other party.
17. PROVISIONS SEVERABLE: In the event that any of the provisions of
these General Conditions should be found to be unenforceable, it shall be
stricken and the remaining provisions shall be enforceable.
EXHIBIT “C”
BREAKDOWN OF COST
Material Testing Proposal January 11, 2022
Exhibit C
Description Estimated Unit Estimated
Quantity Rate Cost
PCC Development Meetings
Client Meetings
Senior Project Engineer (/hr.) Meeting Minutes 20.0 190.00 3,800.00
Principal Engineer (/hr.) 20.0 275.00 5,500.00
Senior Principal Engineer (/hr.) 20.0 315.00 6,300.00
Stakeholder Forums
Senior Project Engineer (/hr.) Meeting Minutes 10.0 190.00 1,900.00
Principal Engineer (/hr.) 10.0 275.00 2,750.00
Senior Principal Engineer (/hr.) 10.0 315.00 3,150.00
Mix Design Development-Conceptual
Principal Engineer (/hr.) 18.0 275.00 4,950.00
Mix Design-Laboratory PCC Trial (Aggregate Qualification for Multiple Blends)
Sample Preparation/Reduction from Bulk Sample (ea.) 3.0 54.00 162.00
Absorption and Specific Gravity of Aggregate (ea.)3.0 104.00 312.00
Sieve Analysis of Aggregate (ea.)3.0 94.00 282.00
Potential ASR of Aggregates (ASTM C1260) (/set)7.0 625.00 4,375.00
Mix Design-Laboratory PCC Trial (Per Specific Blend)
Concrete Mix Design, Multi-Point (4 cylinders per point) (ea.)4.0 2,750.00 11,000.00
Rapid Freeze / Thaw - 300 cycles C666 4.0 2,750.00 11,000.00
Principal Engineer (/hr.)20.0 275.00 5,500.00
Total 60,981.00
COST ESTIMATE
2022 PCC Mix Design Development
City of Omaha
T h i e l e G e o t e c h I n c