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RES 2002-2063 - Amendment to agmt with Environmental Professionals Inc for review of Asarco demolition/remediation moire oiovt" s RECEIVED `1���'s� Public Works Department tilir1 r� 02 nuG 30 P 2: 02 Omaha/Douglas Civic Center z rl Mg 1819 Farnam Street,Suite 601 ®•d� f _ _4,ArT47 September 10, 2002 Omaha,Nebraska 68183-0601 � ry oR � CITY CLERK (402)444-5220 4/'Fo FEBRV� OMlzNA, NE 4F1�aSKr Telefax(402)444-5248 . City of Omaha Norm Jackman,P.E. Mike Fahey,Mayor Acting Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving Amendment No. 2 to the_Agreement with Environmental Professionals, Inc. (EPI) 'to provide professional services during the implementation of the Asarco demolition/remediation plan. The original Agreement was adopted on March 30, 1999 by Ordinance No. 34858. Amendment No. 1, which increased the scope of the project, was adopted on November 7, 2000 by Resolution No. 3007. This Amendment adjusts the fee due to the longer time required for the project than was originally included in the scope of services. The extended time needed was not due to actions by EPI. The additional cost for extended services is $96,030.00. There are no other changes from the original Agreement. This will be paid from the ASARCO Redevelopment Bond, Organization 131641, Fund 13429, year 2002 expenditure. EPI has filed the required Annual Contract Compliance Report, Form, CC-1. The Human Relations Director will review the consulting firm to determine its compliance. The Public Works Department requests your consideration and approval of the attached Resolution. Respectfully submitted, Referr City Co ncil for Consideration: 7/1 -2, Norm Jackman, P.E. Se Date Mayor's Off e/Titl Date Acting Public Works Director // Appro ed as to Funding: Approved: giz Y a2 Stanley P. T Date Regenal . Young D e Finance Director Human Relations erector P:\PW2\11639ma£doc ENVIRONMENTAL PROFESSIONALS, INC. / 14225 Dayton Circle • Suite 2 • Omaha,Nebraska 68137 • www.epiomaha.com Phone(402)891-1112 • Fax(402)891-1113 July 1, 2002 Mr. Harald Flatoen City of Omaha 5600 South 10th Street Omaha, NE 68107 Re: Amendment #2 to City Ordinance No. 34858 Construction Management Services for Construction of Park End Use Features at ASARCO Facility EPI Ref. 110-03 Dear Mr. Flatoen: The purpose of this letter is to provide a review of the project to date and request additional funds to complete the project. The project was originally awarded to MECO-HENNE Contracting (MH) in December 2000 with an estimated contract time of eight months between "October 2000 and October 2001". Environmental Professionals,Inc. (EPI) began services for this project in December 2000 with an expected completion in October 2001 . Due to circumstances beyond the control of the City, EPI or MH; MH was not issued a Notice-To-Proceed until June 28, 2001. However, EPI was actively involved on the project since December of 2000 reviewing shop drawings, RFIs, preparing field copy of Contract Documents, coordinating with the City Agencies and the Contractor. Once the Notice-To-Proceed was issued EPI provided full time resident project professional services along with Shop Drawings, RFI, CPR, and Change Order coordination and input. Soon thereafter (October 2001) a major contract modification (CPR-7) was issued which substantially changed the scope of the project and increased the contract time by approximately 50% (135 days). A better than normal winter occurred which allowed the Contractor to proceed during the normally idle months of December, January and February. This required additional time for the full-time project professional to be on-site. Additionally, substantial effort t S Mr. Harald Flatoen July 1, 2002 Page Two has been required to coordinate user changes and those changes associated with the integration of Rick's Restaurant and the Gallup project on the site. Therefore, based upon a projected project closeout date of October 2002, the following breakdown shows that an additional $96,030.00 would be needed to complete the project based upon data as of May 1, 2002. It is projected that resident services will require approximately 200 hrs/month, Project Manager, 45 hrs/month and clerical 13 hrs/month for the months of May, June,July, August, September and October. Costs Project Professional 1,200 hrs @ $55.00 = $66.000.00 Project Manager 270 hrs @ $90.00 = 24,300.00 Clerical 78 hrs @ $35.00 = 2,730.00 Expenses 3,000.00 $96,030.00 EPI appreciates the opportunity to serve the City of Omaha on this project. If you have any questions, please contact me. Sincerely, ENVIRONMENTAL PROFESSIONALS, INC. Pauljr= iemba, P.E. P"Z/ab The foregoing Proposal is hereby accepted: CITY OF OMAHA, NEBRASKA By: 44.t pVEDASTRJ Name:- % �� Title: li = jeape DEPUTY CITY ATTORNEY Date: 1 • ENVIRONMENTAL PROFESSIONALS, INC. 14225 DAYTON CIRCLE,SUITE 2,OMAHA, NEBRASKA 68137 GENERAL TERMS AND CONDITIONS 1.Agreement. CLIENT understands that CLIENT will be responsible for designating the These mutually agreed covenants,which include as a minimum the attached location of below grade structures, foundations, utilities and other written proposal (Proposal) and these General Terms and Conditions, subterranean obstacles. EPI will take reasonable effort to avoid damage to constitute the "AGREEMENT". This AGREEMENT defines the relationship these items. In the event these items cannot be located, EPI, by CLIENT between the CLIENT as identified in the Proposal and ENVIRONMENTAL written authorization at CLIENT's cost, will deploy feasible locating methods PROFESSIONALS, Inc. (EPI)for the Project as defined in the Proposal. The and employ specialty "dig up" crews to confirm locations. However, CLIENT professional services of EPI shall include services performed by employees of agrees to hold EPI harmless for damages to or damages caused by any EPI, its affiliates, subsidiaries, independent professional associates, subsurface or subterranean utilities or structures which are not correctly consultants and subconsultants. located by CLIENT or which EPI could not locate using a reasonable standard of care. 2.Standard of Care and Absence of Warranty. All services performed under this AGREEMENT will be performed in a 4.Payment for Services. reasonable and prudent manner in accordance with generally accepted Unless the specific provisions of Proposal provides otherwise or the Current engineering practice. All estimates, recommendations, opinions, and Year Schedule of Fees is not incorporated, then payment under this decisions of EPI will be made upon the basis of the information available to AGREEMENT is based upon cost reimbursement (e.g., hourly rate, time and EPI and EPI's experience,technical qualifications,and professional judgment. materials, direct personnel expense or per diem), and the provisions of the following sub-paragraphs shall apply: THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTIES OR a.The minimum time segment for billing fieldwork is four(4) hours. GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT The minimum time segment for billing work done at an office is one-half(1/2) TO ANY SERVICE PERFORMED OR MATERIALS PROVIDED UNDER THE hour. AGREEMENT. b. Project subcontracts (e.g. drilling, trenching, special testing, CLIENT expressly acknowledges that subsurface conditions may vary at surveying,etc.)will be billed at cost plus 15%for handling and administration. locations other than at a particular location where borings, explorations, surveys and samplings are made, and that the data interpretations and c.Other direct costs, excluding travel and subsistence,are payable recommendations of EPI are based solely upon information available to EPI. at actual documented cost plus 10% for handling and administration. This CLIENT also acknowledges that EPI shall not be responsible for shall include such items as shipping, communication, printing and interpretations by others of the information developed. All data obtained reproduction, computer services, supplies and equipment, and equipment during investigative phases are subject to confirmation of conditions items rented from commercial sources. Travel and subsistence expenses of encountered during subsequent phases of the Project. CLIENT recognizes personnel when on business connected with the Project are reimbursable at that the scope of services under this AGREEMENT is limited by CLIENT's cost plus 10%. The use of reusable field and support equipment owned by available budget and schedule and that additional services may yield more EPI will be billed at negotiated rates. In the event that equipment does not accurate and reliable information regarding conditions at or near the site. have a current rate, a daily rate of 2%of purchase price of equipment will be used. 3.Project Site and Right of Entry. CLIENT shall furnish or cause to be furnished to EPI all documents and d.When applicable, rental charges will be applied to cover the cost information known to CLIENT that relates to the identity, location, quantity, of pilot-scale facilities or equipment, apparatus, instrumentation, or other nature or characteristics of any hazardous waste at, on, or under the site. In technical machinery. When such charges are applicable, CLIENT will be addition, CLIENT shall furnish and pay for such other reports, aerial advised at the start of an assignment, task or phase. Analyses performed in photographs, data, studies, drawings, specifications, documents, and other EPI's or EPI's subconsultants' laboratories will be billed on a unit-cost-per- information regarding surface and subsurface site conditions which will be analysis basis,unless specified otherwise in the accompanying Proposal. required by EPI for performance of its services. EPI shall be entitled to rely upon documents and information provided by CLIENT in performing the e. Invoices based upon cost reimbursement will be submitted services required under this AGREEMENT; however, EPI assumes no showing labor (hours worked) and total expense, but not actual responsibility or liability for the accuracy or completeness of said documents documentation. If requested by CLIENT, documentation will be supplied at and information. CLIENT provided documents will remain the property of the cost of providing such documentation,including labor and copying costs. CLIENT. 5.Invoices. EPI will not direct, supervise or control the work of contractors or their Unless the accompanying Proposal provides otherwise, invoices will be subcontractors. EPI's services do not include a review or evaluation of a submitted periodically (customarily on a monthly basis), and are due and contractor's(subcontractor's)safety measures. payable upon receipt. Unpaid balances shall be subject to an additional charge at the rate of one(1.0)percent per month from the date of the invoice, EPI shall be responsible only for its activities and those of its employees on if the unpaid balance is not paid within 30 days. In addition, EPI may, seven any site. Neither the professional activities nor the presence of EPI, its days after giving written notice to CLIENT, suspend services without liability employees, or its subconsultants on a site shall imply that EPI controls the until CLIENT has paid in full all amounts due EPI on account of services operations of others; nor shall this be construed to be an acceptance by EPI rendered and expenses incurred, including interest on past- due notices. of any responsibility for Project site safety. Payment of invoices is not subject to discounting by CLIENT. Time is of the essence in payment of invoices, and timely payment is a material part of the CLIENT shall provide right of entry for EPI personnel,EPI subconsultants and consideration of the AGREEMENT between EPI and CLIENT. The CLIENT all equipment and vehicles necessary to perform services. EPI will take shall pay EPI's attorney fees and other costs related to collection of delinquent reasonable measures to minimize damage to property; however, CLIENT accounts. understands that some damage may occur and the cost of repair of such damage will be borne by the CLIENT. 6.Changes or Delays Unless the accompanying Proposal provides otherwise, the proposed fees constitute EPI's estimate to perform the services required to complete the 3roject, as EPI understands it to be defined. For those projects involving 12.Confidentiality a - ' ;onceptual or process development services, activities often are not fully EPI shall maintain as confidential and not disclose to others without.CLIENT;s jefinable in the initial planning. In any event, as the Project progresses, the prior written consent all information obtained from CLIENT that was not acts developed may dictate a change in the services to be performed which otherwise previously known to EPI or in the public dornain and is expressly nay alter the scope. EPI will inform CLIENT of such situations so that designated by CLIENT in writing to be "CONFIDENTIAL." The provisions of •evision of Scope and compensation can be accomplished as required. If this paragraph shall not apply to information in whatever form that (1) is ;uch change, additional services, or suspension of services results in an published or comes into the public domain through no fault of EPI, (2) is ncrease or decrease in the cost of or time required for performance of the furnished by or obtained from a third party who is under no obligation to keep services, whether or not changed by any order,an equitable adjustment shall the information confidential, or(3) is required to be disclosed by law on order )e made,and the AGREEMENT modified accordingly. of a court,administrative agency,or other authority with proper jurisdiction. r.Termination. CLIENT agrees that EPI may use and publish CLIENT's name and a general Either party may terminate the AGREEMENT, in whole or in part,seven days description of EPI's services with respect to the Project in describing EPI's after giving written notice, if the other party substantially fails to fulfill its experience and qualifications to other clients or potential clients. )bligations under the AGREEMENT through no fault of the terminating party. Nhere method of payment is "lump sum", the final invoice will include all 13.Re-use of Documents services and expenses associated with the Project up to the effective date of All documents including drawings and specifications prepared or furnished by ermination. Where method of payment is based upon cost reimbursement, EPI (and EPI's affiliates, subsidiaries, independent professional associates, he final invoice will include all services and expenses associated with the consultants, and subconsultants) pursuant to this AGREEMENT are 'roject up to the effective date of termination. In any event, an equitable instruments of service in respect of the Project, and EPI shall retain an adjustment shall be made to provide for termination settlement costs EPI ownership and property interest therein, whether or not the Project is ncurs relating to commitments that had become firm before termination, and completed. CLIENT may make and retain copies for information and or a reasonable profit for services performed. reference in connection with the Project, however, such documents are not intended or represented to be suitable for re-use by CLIENT or others on 3.Limitation of Liability extensions of the Project or on any other project. Any re-use without written 'lotwithstanding any other provision of these General Terms and Conditions verification or adaptation by EPI for the specific purpose intended will be at and unless otherwise subject to a greater limitation, EPI's total liability to CLIENT's sole risk and without liability or legal exposure to EPI or EPI's DLI ENT and others for any loss or damage,including but not limited to special affiliates, subsidiaries, independent professional associates, consultants, and Ind consequential damages arising out of or in connection with the subconsultants with respect to any and all costs, expenses, fees, losses, )erformance of services or any other cause including EPI's professional claims, demands, liabilities, suits, actions, and damages whatsoever arising iegligent acts, errors, or omissions, shall not exceed $50,000 or the total out of or resulting therefrom. Any such verification or adaption will entitle EPI ;ompensation received by EPI hereunder, whichever is lessor, and CLIENT to further compensation at rates to be agreed upon by CLIENT and EPI. iereby releases EPI from any liability above such amount. In the event that he CLIENT does not wish to limit EPI's professional liability to this amount, 14.Controlling Agreement EPI agrees to waive this limitation upon written notice from CLIENT and These General Terms and Conditions shall take precedence over any )ayment by CLIENT of an additional consideration of fifty percent(50%)of the inconsistent or contradictory provisions contained in any proposal, contract, otal payments due under this AGREEMENT. purchase order, requisition, notice-to-proceed, or like document regarding EPI's services. If any of these General Terms and Conditions are determined 3.Insurance.. to be invalid or unenforceable in whole or part by a court of competent EPI agrees to purchase, at its own expense, Workers' Compensation jurisdiction, the remaining provisions hereof shall remain in full force and nsurance and Comprehensive General Liability Insurance and will upon effect and be binding upon the parties hereto. The parties agree to reform this •equest, furnish insurance certificates to CLIENT. EPI agrees to indemnify AGREEMENT to replace any such invalid or unenforceable provision with a ',LIENT for the claims covered by EPI's insurance subject to the limitation of valid and enforceable provision that as closely as possible expresses the lability contained in Section 8. EPI agrees to purchase additional insurance if intention of the stricken provision. equested by CLIENT(presuming such insurance is reasonably available from :arriers acceptable to EPI), provided the costs for additional insurance are These General Terms and Conditions shall survive the completion of the eimbursed by CLIENT. services under this AGREEMENT and the termination of this AGREEMENT for any cause. This AGREEMENT between CLIENT and EPI shall pertain 10.Hazardous Substance Indemnification only to the benefit of the parties hereto, and no third party shall have rights EPI hereby states, and CLIENT acknowledges, that neither EPI nor EPI's hereunder. :onsultants have any professional liability (errors and omissions) or other nsurance,and neither is able to reasonably obtain such insurance,for claims 15.Opinions of Probable Cost )r claims expenses arising out of the performance of or failure to perform Opinions of probable cost, cost estimates, and construction cost estimates )rofessional services, including but not limited to the preparation of reports, provided herein are made based upon EPI's experience and qualifications as iesigns, drawings and specifications, related to the investigation, detection, professional engineers. However, since EPI has no control over the cost of tbatement, replacement, or removal of parts, materials, or processes labor, materials, equipment or services furnished by others, or over the ;ontaining asbestos or relating to the actual,alleged,or threatened discharge, contractor (s') methods of determining prices, or over competitive bidding or iispersal, release or escape of pollutants (defined herein as any solid, liquid, other market conditions, any opinions of cost shall be accepted by CLIENT gaseous, or thermal irritant or contaminant, including smoke, vapor, soot, subject to Paragraph 2 of these General Terms and Conditions. umes, acids, alkalis, chemicals, and waste). Accordingly, CLIENT hereby agrees to bring no claim for negligence,breach of contract,indemnity,or other In the event CLIENT desires a level of accuracy of an estimate which action against EPI, its principals, employees, agents, consultants, and establishes cost ceilings or detailed cost component analyses, EPI will upon ;ubconsultants if such claim in any way would relate to asbestos or pollutants written authorization from CLIENT secure the services of a specialized cost n the Project. CLIENT further agrees,to the fullest extent permitted by law,to estimating and analyzing firm acceptable to CLIENT. The CLIENT shall agree iefend, indemnify, and hold harmless EPI, its principals, employees, agents, to the payment of additional compensation as required. Ind consultants from and against all claims,damages,losses,and expenses, firect or indirect,or consequential damages, including but not limited to fees 16.Proprietary Data Ind charges of attorneys and court and arbitration costs arising out of or The technical and pricing information contained in the accompanying Proposal esulting from the performance of EPI's services hereunder,or claims brought or this AGREEMENT is to be considered Confidential and Proprietary,and is Igainst EPI by third parties and arising from EPI's services or others'services not to be disclosed or otherwise made available to third parties without the Ind/or work related to asbestos and/or pollutant activities. express written consent of EPI. 11.Disposal of Contaminated Material 17.Governing Law t is understood and agreed that EPI is not, and has no responsibility as a This AGREEMENT is to be governed by and construed in accordance with the candler,generator,treater,or storer,transporter, or disposer of hazardous or laws of the State of Nebraska, unless mutually agreed in writing by CLIENT oxic substances found or identified at the Project site. CLIENT shall and EPI to be in accordance with the laws of the state where the Project is indertake or arrange for the handling, removal, treatment, storage, located. ransportation,and disposal of hazardous substances or constituents found or R 4/92 dentified at the Project site. 'roject, as EPI understands it to be defined. For those projects involving 12.Confidentiality ;oni,eptuai Gr process development services, activities often are not fully EPI shall maintain as confidential and not disclose to others without,CLIENT;s Jefinable in the initial planning. In any event, as the Project progresses, the prior written consent all information obtained from CLIENT that was not acts developej may dictate a change in the services to be performed which otherwise previously known to EPI or in the public domain and is expressly nay alter the scope. EPI will inform CUENT of such situations so that designated by CLIENT in writing to be "CONFIDENTIAL." The provisions of •evision of Scope and compensation can be accomplished as required. If this paragraph shall not apply to information in whatever form that (1) is such change, additional services, or suspension of services results in an published or comes into the public domain through no fault of EPI, (2) is ncrease or decrease in the cost of or time required for performance of the furnished by or obtained from a third party who is under no obligation to keep services,whether or not changed by any order,an equitable adjustment shall the information confidential,or(3) is required to be disclosed by law on order )e made,and the AGREEMENT modified accordingly. of a court,administrative agency,or other authority with proper jurisdiction. 1.Termination. CLIENT agrees that EPI may use and publish CLIENT's name and a general Either party may terminate the AGREEMENT,in whole or in part,seven days description of EPI's services with respect to the Project in describing EPI's after giving written notice, if the other party substantially fails to fulfill its experience and qualifications to other clients or potential clients. )bligations under the AGREEMENT through no fault of the terminating party. Nhere method of payment is "lump sum', the final invoice will include all 13.Re-use of Documents >ervices and expenses associated with the Project up to the effective date of All documents including drawings and specifications prepared or furnished by ermination. Where method of payment is based upon cost reimbursement, EPI (and EPI's affiliates, subsidiaries, independent professional associates, he final invoice will include all services and expenses associated with the consultants, and subconsultants) pursuant to this AGREEMENT are 'roject up to the effective date of termination. In any event, an equitable instruments of service in respect of the Project, and EPI shall retain an adjustment shall be made to provide for termination settlement costs EPI ownership and property interest therein, whether or not the Project is ncurs relating to commitments that had become firm before termination, and completed. CLIENT may make and retain copies for information and or a reasonable profit for services performed. reference in connection with the Project, however, such documents are not intended or represented to be suitable far re-use by CLIENT or others on 3.Limitation of Liability extensions of the Project or on any other project. Any re-use without written Jotwithstanding any other provision of these General Terms and Conditions verification or adaptation by EPI for the specific purpose intended will be at and unless otherwise subject to a greater limitation, EPI's total liability to CLIENT's sole risk and without liability or legal exposure to EPI or EPI's 'CLIENT and others for any loss or damage,including but not limited to special affiliates, subsidiaries, independent professional associates, consultants, and and consequential damages arising out of or in connection with the subconsultants with respect to any and.all costs, expenses, fees, losses, )erformance of services or any other cause.including EPI's professional claims, demands, liabilities, suits, actions, and damages whatsoever arising negligent acts, errors, or omissions, shall not exceed $50,000 or the total out of or resulting therefrom. Any such verification or adaption will entitle EPI :ompensation received by EPI hereunder, whichever is lessor, and CLIENT to further compensation at rates to be agreed upon by CLIENT and EPI. aereby releases EPI from any liability above such amount. In the event that he CLIENT does not wish to limit EPI's professional liability to this amount, 14.Controlling Agreement EPI agrees to waive this limitation upon written notice from CLIENT and These General Terms and Conditions shall take precedence over any )ayment by CLIENT of an additional consideration of fifty percent(50%)of the inconsistent or contradictory provisions contained in any proposal, contract, otal payments due under this AGREEMENT. purchase order, requisition, notice-to-proceed, or like document regarding EPI's services. If any of these General Terms and Conditions are determined ),Insurance.. to be invalid or unenforceable in whole or part by a court of competent EPI agrees to purchase, at its own expense, Workers' Compensation jurisdiction, the remaining provisions hereof shall remain in full force and nsurance and Comprehensive General Liability Insurance and will upon effect and be binding upon the parties hereto. The parties agree to reform this •equest, furnish insurance certificates to CLIENT. EPI agrees to indemnify AGREEMENT to replace any such invalid or unenforceable provision with a 'CLIENT for the claims covered by EPI's insurance subject to the limitation of valid and enforceable provision that as closely as possible expresses the lability contained in Section 8. EPI agrees to purchase additional insurance if intention of the stricken provision. equested by CLIENT(presuming such insurance is reasonably available from ;arriers acceptable to EPI), provided the costs for additional insurance are These General Terms and Conditions shall survive the completion of the •eimbursed by CLIENT. services under this AGREEMENT and the termination of this AGREEMENT for any cause. This AGREEMENT between CLIENT and EPI shall pertain 10.Hazardous Substance Indemnification only to the benefit of the parties hereto, and no third party shall have rights EPI hereby states, and CLIENT acknowledges, that neither EPI nor EPI's hereunder. :onsultants have any professional liability (errors and omissions) or other nsurance,and neither is able to reasonably obtain such insurance,for claims 15.Opinions of Probable Cost )r claims expenses arising out of the performance of or failure to perform Opinions of probable cost, cost estimates, and construction cost estimates )rofessional services, including but not limited to the preparation of reports, provided herein are made based upon EPI's experience and qualifications as lesigns, drawings and specifications, related to the investigation, detection, professional engineers. However, since EPI has no control over the cost of abatement, replacement, or removal of parts, materials, or processes labor, materials, equipment or services furnished by others, or over the :ontaining asbestos or relating to the actual,alleged,or threatened discharge, contractor(s') methods of determining prices, or over competitive bidding or lispersal, release or escape of pollutants (defined herein as any solid, liquid, other market conditions, any opinions of cost shall be accepted by CLIENT jaseous, or-thermal irritant or contaminant, including smoke, vapor, soot, subject to Paragraph 2 of these General Terms and Conditions. umes;-acids, alkalis, chemicals, and waste). Accordingly, CLIENT hereby agrees to bring no claim for negligence,breach of contract,indemnity,or other In the event CLIENT desires a level of accuracy of an estimate which action against EPI, its principals, employees, agents, consultants, and establishes cost ceilings or detailed cost component analyses, EPI will upon subconsultants if such claim in any way would relate to asbestos or pollutants written authorization from CLIENT secure the services of a specialized cost n the Project. CLIENT further agrees,to the fullest extent permitted by law,to estimating and analyzing firm acceptable to CLIENT. The CLIENT shall agree fefend, indemnify, and hold harmless EPI, its principals, employees, agents, to the payment of additional compensation as required. and consultants from and against all claims,damages,losses,and expenses, iirect or indirect, or consequential damages, including but not limited to fees 16.Proprietary Data and charges of attorneys and court and arbitration costs arising out of or The technical and pricing information contained in the accompanying Proposal esulting from the performance of EPI's services hereunder,or claims brought or this AGREEMENT is to be considered Confidential and Proprietary, and is against EPI by third parties and arising from EPl's services or others'services not to be disclosed or otherwise made available to third parties without the and/or work related to asbestos and/or pollutant activities. express written consent of EPI. • 11.Disposal of Contaminated Material 17.Governing Law t is understood and agreed that EPI is not, and has no responsibility as a This AGREEMENT is to be governed by and construed in accordance with the candler, generator, treater,or storer, transporter, or disposer of hazardous or laws of the State of Nebraska, unless mutually agreed in writing by CLIENT oxic substances found or identified at the Project site. CLIENT shall and EPI to be in accordance with the laws of the state where the Project is undertake or arrange for the handling, removal, treatment, storage, located. ransportation,and disposal of hazardous substances or constituents found or R 4/92 dentified at the Project site. C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr September 10, 2002 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the implementation of the Asarco demolition/remediation plan requires that each aspect of the plan be independently reviewed for compliance with the plan; and, s•. WHEREAS, Environmental Professionals, Inc. (EPI) agreed to perform these services for the City by Ordinance No. 34858 adopted on March 30, 1999; and, WHEREAS, Amendment No. 1, which increased the amount of the work to be done, was adopted by Resolution No. 3007 on November 7, 2000; and, WHEREAS, Amendment No. 2, currently being submitted, increases the fee by $96,030.00 because of the time that oversight was needed is longer than originally planned; and, WHEREAS, the additional fee will be paid from the ASARCO Redevelopment Bond, Organization 131641,Fund 13429, year 2002 expenditure. • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Amendment No. 2 to the Agreement between the City and Environmental Professionals, Inc. to' provide independent review of the Asarco demolition/remediation plan is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay $96,030.00 from the ASARCO Redevelopment Bond, Organization 131641, Fund 13429, year 2002 expenditure. 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