OFFICE OF THE CITY CLERK OF OMAHA - Douglas County

Project No. C-28(492)
10. Nondiscrimination Clause
In accordance with the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §48-1122,
CONTRACTOR agrees that neither it nor any of its subcontractors shall discriminate against any
employee, or applicant for employment to be employed in the performance of this contract with
respect to hire, tenure, terms, conditions or privileges of employment because of the race, color,
religion, sex, age, disability or national origin of the employee or applicant.
11. Licensing
CONTRACTOR agrees to comply with any and all required licensing provisions of the City of
Omaha, Nebraska Revised Statutes and all other relevant State or Federal laws in the performance
of this contract.
12. Choice of Law
This contract shall be governed in all respects by the laws of the State of Nebraska and the venue
for any litigation with respect to the contract shall be in the courts of Douglas County, Nebraska.
13. Assignment and Delegation
This contract is exclusive to the parties and may not be assigned nor duties delegated by
CONTRACTOR except on prior written consent by Douglas County. Any attempted assignment
without such approval shall be void and shall constitute a breach of contract.
14. Insurance
Both parties agree to provide, at their own expense, liability insurance to indemnify them in the
event that they become liable for the payment of a judgment based on the acts or omissions of its
agents and employees in performing this contract. Insurance requirements are set out in the
project specifications.
It is understood and agreed that this contract shall not become effective until CONTRACTOR has
filed with Douglas County certificates evidencing the required insurance.
15. Drug Free Policy
Contractor assures Douglas County that CONTRACTOR has established and maintains a drug
free workplace policy.
16. Severability/Waiver
If any part of this contract shall be adjudged contrary to law, the remaining provision shall remain
in full force and effect. The waiver or any term, provision or any default shall not constitute the
waiver of any other term, provision or default.
17. Documents Incorporated by Reference
All references in this contract or the specifications to laws, rules, regulations, guidelines and
directives which set forth standards and procedures to be followed by the CONTRACTOR in
discharging its obligations under this contract, such as, the General Requirements and Covenants
for the Douglas County Standard Specifications for Highway Construction (2000 and latest
supplements) and the City of Omaha Standard Specifications for Public Works Construction
(2003 and latest supplements) (where applicable) and the Nebraska Department of Roads
Standard Specifications for Highway Construction (2007 and latest supplements) (where
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