RES 2014-0946 - Agmt with NDOR for improvements to 108th St from L to M Sts, OPW 51430 ONtAHA n,4, �` _
's ''z Public Works Department
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City of Omaha ,;.'t'L 14 Robert G. Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a LPA-Staff Non-Participating Construction
Engineering Services Agreement between Nebraska Department of Roads and the City of Omaha
for the 108th Street Improvements from L Street to M Street Project, known as Federal Aid
Project HSIP-5011(12), State Control No. 22378 and OPW 51430.
The City Council approved a Program Agreement for this project by City Council Resolution
No. 350 on March 29, 2011; the City of Omaha will be utilizing in-house staff to manage this
project and all costs associated with this agreement are considered non-participating and will be
at the sole cost to the City.
Authorization of this agreement by the Omaha City Council is required by the Nebraska
Department of Roads.
The Public Works Department requests your consideration and approval of the attached
Resolution.
Respectfully submitted, Referred to City Council for Consideration:
7- /O--diy � .�- det 7/z1 / Li
Rob rt G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding:
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it, 6,4_
tep B. Curtiss ate
Acting Finance Director
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STATE-LPA
PROFESSIONAL SERVICES, LPA STAFF/NON-PARTICIPATING
CONSTRUCTION ENGINEERING SERVICES
CITY OF OMAHA
NEBRASKA DEPARTMENT OF ROADS
PROJECT NO. HSIP-5011(12)
CONTROL NO.22378
108th STREET FROM'L"to"M"STREETS
THIS AGREEMENT, made and entered into by and between the City of Omaha
Nebraska hereinafter referred to as the"LPA", and the State of Nebraska, Department of
Roads, hereinafter referred to as the"State", and collectively referred to as the"Parties."
WITNESSETH:
WHEREAS, LPA has completed or is in the process of completing plans, special
provisions, and standard specifications for the letting and construction of a federal-aid
transportation related construction project, and
WHEREAS,the LPA and State have entered into Program Agreement, BM1141,for
the above named project executed by the LPA on March 31, 2011 and executed by the State
on June 7, 2011,and
WHEREAS,the LPA's federal-aid project is designated as Project No. HSIP-5011(12),
and
WHEREAS,the project identified above is solely the responsibility of the LPA;the
State's involvement in this project is for the sole purpose of acting as the representative of the
Federal Highway Administration(FHWA)for eligibility of the project for federal funding,and
WHEREAS,the LPA desires to use its own staff to perform the necessary professional
construction engineering services for this project, and
WHEREAS,the LPA will not request reimbursement for this work from Federal funds
made available for this project, and
WHEREAS,the LPA staff is properly qualified to complete this work and has met all
applicable requirements of the Nebraska Board of Engineers and Architects to provide
professional services for this project,and
WHEREAS, LPA is willing to perform the services in accordance with the terms
hereinafter provided, agrees to comply with all federal, state, and local laws and ordinances
applicable to this agreement,and agrees to comply with all applicable federal-aid transportation
project related program requirements, so that LPA's project will be fully eligible for federal
reimbursement,and
Project No. HSIP-5011(12) Page 1 of 14
Control No. 22378 Agreement No. B01401
108th Street from"I"to"M"Streets
WHEREAS,the State has let or will let a construction contract for the project on behalf of
the LPA, and
WHEREAS,the parties intend that the services also be completed in accordance with
the terms and conditions of the Nebraska LPA Guidelines Manual for Federal-Aid Projects;
hereinafter referred to as LPA Manual, and
WHEREAS,the LPA is required to use the State provided construction recordkeeping
system (Trans•Port Site Manager),for the Services provided under this agreement.
NOW THEREFORE, in consideration of these facts,the parties hereto agree as follows:
SECTION 1. DEFINITIONS
WHEREVER in this agreement the following terms are used,they shall have the
following meaning:
"LPA"means the City of Omaha and any employees thereof,whose business and
mailing address is 1819 Farnam Street, Omaha, Nebraska,68183.
"LPA MANUAL"shall mean the Nebraska Department of Roads' LPA Guidelines Manual
for Federal-Aid Projects. The LPA Manual is a document approved by the Federal Highway
Administration(FHWA)that sets out the requirements for local federal-aid projects to be eligible
for federal reimbursement;the LPA Manual can be found in its entirety at the following web
address: http://www.dor.state.ne.us/qov-aff/Ipa/Ipa-quidelines.pdf.
"RESPONSIBLE CHARGE"or"RC"shall mean LPA's representative for the project
whose duties and responsibilities are identified in federal law and in the LPA Manual.
"STATE"means the Nebraska Department of Roads in Lincoln, Nebraska, its Director,
or authorized representative. The State represents the interests of the United States
Department of Transportation on federally funded transportation projects sponsored by a
subrecipient of federal funds and any reference to the"State" in this agreement shall mean the
State on behalf of the United States Department of Transportation.
"FHWA"means the Federal Highway Administration, United States Department of
Transportation,Washington, D.C. 20590, acting through its authorized representatives.
"DOT"means the United States Department of Transportation,Washington, D.C.20590,
acting through its authorized representatives.
"STATE REPRESENTATIVE"means an employee of the State assigned by the State to
determine whether the LPA's project meets the eligibility requirements for federal funding and to
provide technical assistance when requested by the LPA, in LPAs efforts to comply with the
requirements for Federal-aid funded local projects.
Project No. HSIP-5011(12) Page 2 of 14
Control No.22378 Agreement No. BO1401
108th Street from"I"to"M"Streets
To"ABANDON"the agreement means that the State has determined that conditions or
intentions as originally existed have changed and that the agreement as contemplated herein is
to be renounced and deserted for as long in the future as can be foreseen.
To"SUSPEND"the work means that the State has determined that progress is not
sufficient, or that the conditions or intentions as originally existed have changed, or the work
completed or submitted is unsatisfactory, and that the work as contemplated herein should be
stopped on a temporary basis. This cessation will prevail until the State determines to abandon
or terminate the work or to reinstate it under the conditions as defined in this agreement.
To"TERMINATE"or the"TERMINATION"of this agreement is the cessation or quitting
of this agreement based upon action or failure of action on the part of the LPA as defined herein
and as determined by the State.
SECTION 2.THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK
SECTION 3. PROGRAM AGREEMENT
All provisions of the project program agreement remain in full force and effect, except to
the extent specifically modified herein.
SECTION 4.TERM OF THE AGREEMENT
This agreement becomes effective on the date it is signed by the State and will end upon
completion of all work on this Federal-aid project.
SECTION 5. SCOPE OF SERVICES (LPA provided CE)
LPA understands that the Services provided by LPA must be completed in accordance
with all federal-aid reimbursement requirements and conditions. The Scope of Services is
contained within the General Statement set out below.
General Scope of Services:
The LPA services generally include, but are not limited to: project management;
construction engineering; pre-construction staking;traffic control plans;conducting the
preconstruction conference; construction staking; project inspection; materials sampling and
testing during project construction;monitoring environmental commitments; preparing as-built
plans; progress computations;final computations; preparing contractor change orders and work
orders; all project communications, including any necessary communication regarding funding
project eligibility questions, issues, and concerns.
The LPA shall review and have a working knowledge of the project plans,special
provisions, standard specifications(the Standard Specifications for Highway Construction of
NDOR(Current Edition), change orders and all other project related contract documents for the
Project No. HSIP-5011(12) Page 3 of 14
Control No.22378 Agreement No. B01401
108th Street from"I"to"M"Streets
construction of LPA's Federal-Aid project. The project plans, special provisions, standard
specifications,and other contract documents are hereby incorporated by reference into this
agreement,as if they were fully set forth herein, and collectively, may be referred to as the
Construction Contract Documents. LPA shall have the duties of"Inspector", (also referred to in
the NDOR Construction Manual as"Construction Technician"); "Project Manager;"and also
"Engineer"(unless the context of use of the term"Engineer"would otherwise require),as those
terms are defined and duties set out in the Standard Specifications for Highway Construction
(2007 Edition). LPA shall be responsible for all duties of the"Engineer."
Additionally, LPA shall review and have a working knowledge of the following
authoritative guides and manuals related to highway construction, materials and federal-aid
reimbursement:
(1) NDOR Construction Manual-Current Edition
(2) Materials Sampling Guide
(3) Standard Methods of Tests—2006
(4) The LPA Manual
(5) The Manual on Uniform Traffic Control Devices
(6) AASHTO Standard Specifications for Transportation Materials and Methods of
Sampling and Testing
(7) The ASTM Standards
(8) NDOR Final Review Manual
These documents are hereby incorporated herein by reference as if fully set forth, and
these documents, collectively, may be referred to as the Manuals. Unless required otherwise by
the Construction Contract Documents, LPA shall be responsible for timely completion of all
applicable checklists,tests,samples, duties, requirements and provisions of the Manuals. The
Manuals will be used to determine what,when, how, the sequence, and other details of the work
that must be provided by LPA, whenever LPA's duties in these respects are not clearly set out
in the Construction Contract Documents. LPA shall employ a sufficient number of qualified
employees on the project to adequately observe, monitor, inspect, measure, manage,
document, report and carry out the other duties of this agreement, so that the project is
constructed by the contractor in compliance with the Construction Contract Documents, the
Manuals, State and Federal law, rule or regulation and policy. LPA shall fulfill all contract duties
of inspection, project management and construction engineering for the project in a timely
manner and shall communicate regularly about the progress of the construction with the State,
Project No. HSIP-5011(12) Page 4 of 14
Control No. 22378 Agreement No. BO1401
108th Street from"I"to"M" Streets
through the RC, and, when appropriate for federal funding or eligibility issues,the State
representative.
The LPA is required to use Trans•Port Site Manager as the construction record-keeping
system for Services under this contract.
The LPA shall be present at the project site when appropriate for each applicable phase
of construction to inspect,observe, monitor,measure, manage,document and report on the
progress of the work. The parties understand that the LPA is not responsible for the
Contractor's means and methods of construction.
Additional Requirements:
A. The LPA shall assist any Disadvantaged Business Enterprise(DBE)working on
the project is in need of assistance.
B. The LPA shall make every effort to assist the Contractor or any Subcontractor in
interpreting Project Plans, Special Provisions, Standard Specifications,other
Construction Contract Documents,or the Manuals.
C. The LPA will be present at the project site or available to contractor beginning on
the date specified in the notice to proceed to the contractor, unless project work
has not begun at the site; or,with at least 24 hours notice, at any prior date(1)
when contract work begins or when materials are delivered to the project that
need to be tested,sampled or inspected to verify conformance to the
requirements of the Construction Contract Documents.
D. The LPA will promptly review and approve or reject all construction work on the
project,with the right, but not the duty,for the State and FHWA to review for
compliance or funding eligibility.
E. All reports of field tests performed by the LPA will be submitted weekly to the
State Representative(two copies). LPA will take prompt and appropriate action
to reject or cause Contractor to remedy the work or materials that do not conform
to the contract documents.
F. The LPA shall comply with all Federal,State and local laws, rules or regulations,
policies or procedures,and ordinances applicable to the work contemplated in
this agreement.
G. The sampling and testing type, method and frequency must be completed by
LPA according to the current State of Nebraska Manuals, including the Materials
Sampling Guide and the State Standard Methods of Tests(www.dor.state.ne.us),
Project No. HSIP-5011(12) Page 5 of 14
Control No.22378 Agreement No. BO1401
108`h Street from"I"to "M"Streets
and the Construction Contract Documents. For sampling or testing issues or
situations that are not covered in the Construction Contract Documents or the
Manuals, LPA shall decide what testing type, method or frequency should be
applied for this project. Any test methods or procedures that are proposed to be
used and are not covered by NDOR procedures must receive prior concurrence
for use from NDOR and FHWA. The estimate for materials sampling and testing
is set out on the documents attached hereto as Exhibit"A",and is incorporated
herein by this reference.
SECTION 6.THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK
SECTION 7. NEW EMPLOYEE WORK ELIGIBILITY STATUS(LPA,
The LPA 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
under this agreement. The LPA hereby agrees to contractually require any Consultants or
Subconsultants 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.
The undersigned duly authorized representative of the LPA, by signing this agreement,
hereby attests to the truth of the following certifications, and agrees as follows:
Neb.Rev.Stat.§4-114. I certify compliance with the provisions of Section 4-114 and,
hereby certify that this Local Public Agency shall register with and use a federal
immigration verification system to determine the work eligibility status of new employees
physically performing services within the State of Nebraska. I agree to require all
Consultants and Subconsultants, by contractual agreement,to require the same
registration and verification process.
SECTION 8. NOTICE TO PROCEED AND COMPLETION
LPA may proceed with this work upon full execution of this agreement because LPA is
not seeking Federal reimbursement for its Construction Engineering services. LPA agrees to
prosecute this work promptly to completion, and shall perform services until all Federal-aid
requirements have been met by LPA.
Project No. HSIP-5011(12) Page 6 of 14
Control No. 22378 Agreement No. BO1401
108th Street from"I"to"M"Streets
SECTION 9. REIMBURSEMENT AND INVOICING
The LPA desires to utilize their own staff to provide the professional services under this
agreement and will do so with LPA funds only. The LPA has obtained approval from the NDOR
to do so, based on the LPA meeting all federal-aid eligibility requirements for all phases of the
project. The LPA will not seek reimbursement from Federal funds for the construction
engineering services performed under this agreement.
SECTION 10. PROFESSIONAL PERFORMANCE(LPA provided)
The LPA understands that it is solely responsible for the quality of the professional
services it is providing for this project. LPA believes that LPA employees have the necessary
professional training,experience and ability to properly complete the work under this
agreement. Examination by the State, or FHWA, or any acceptance or use of, or acquiescence
in the LPA's work product,will not be considered to be a full and comprehensive examination
and will not be considered approval of the LPA's work product which would relieve the LPA from
liability or expense that would be connected with the LPA's sole responsibility for the propriety
and integrity of the professional work to be accomplished by the LPA pursuant to this
agreement.
The LPA further understands that acceptance or approval of any of the work of the LPA
by the State or FHWA, or of payment, partial or final, will not constitute a waiver of any rights of
the State, or in any way relieve the LPA from any liability or expenses due to error, omission, or
negligence of the LPA in its work. That further, if due to error, omission, or negligence of the
LPA,the work product of the LPA is found to be in error or there are omissions therein revealed
during or after the construction of the project and revision, reconsideration or reworking of the
LPA's work product is necessary,the LPA shall make such revisions without expense to the
State. The LPA shall respond to the notice of any errors,omissions or negligence within
24 hours and give immediate attention to necessary corrections. If the LPA discovers errors,
omissions,or negligence in its work, it shall notify the State of such within 24 hours. Failure of
the LPA to notify the State will constitute a breach of this agreement. The LPA's legal liability
for any or all damages incurred by the State or by others caused by error, omission, or negligent
acts of the LPA will be borne by the LPA without liability or expense to the State and will not be
considered eligible for reimbursement with federal funds.
Project No. HSIP-5011(12) Page 7 of 14
Control No. 22378 Agreement No.B01401
108th Street from"I"to"M"Streets
SECTION 11. FEDERAL-AID CONSTRUCTION ENGINEERING EXPECTATIONS-23 CFR
635.105(LPA provided CE, non-participating)
Federal law, 23 C.F.R. §635.105, requires that all LPA Federal-aid projects,shall
"receive adequate supervision and inspection to insure that projects are completed in
conformance with approved plans and specifications." (635.105(a)) The requirements of
§635.105 apply to this Federal-aid project even though the LPA is providing the construction
engineering services with its own employees,and is not seeking Federal-aid reimbursement for
its construction engineering costs. LPA agrees to comply with all of the construction
engineering requirements of§635.105.
LPA asserts that LPA's staff who will be providing the construction engineering services
for this project are properly qualified by training,credentials and experience with Federal-aid
projects to independently complete LPA's duties under this contract, and all duties of§635.105.
LPA agrees to remain adequately staffed and suitably equipped to undertake and satisfactorily
complete the construction engineering duties and services required to independently insure the
project is completed in conformance with the approved plans and specifications throughout the
term of this contract.
Additionally,since this is LPA's Federal-aid project, LPA will complete all construction
engineering work so that any obligations of the State to FHWA under§635.105 are met
satisfactorily by LPA. In the event the LPA fails to meet any or all requirements of§635.105,
LPA understands that the project may be deemed to be ineligible, in whole or in part,for
Federal-aid reimbursement by the State or the FHWA. In the event that Federal-aid funds are
withheld in whole or in part, LPA shall be solely responsible for such ineligible project costs.
Accordingly, LPA agrees to hold harmless, indemnify, and defend the State from any claim,
demand or action arising out of or related to LPA's construction engineering services under this
agreement.
If the State or FHWA determines that the construction engineering services provided by
LPA do not meet the requirements of 23 CFR 635.105, State will notify LPA of the noted
deficiency and LPA shall immediately bring LPA's services into compliance with the
requirements of 23 CFR 635.105.
SECTION 12. DOCUMENT RETENTION (LPA provided):
The LPA shall retain all applicable documents listed in Section 14.8 of the LPA Manual
for the periods of time specified therein.
Project No. HSIP-5011(12) Page 8 of 14
Control No. 22378 Agreement No. BO1401
108th Street from"I"to UM" Streets
SECTION 13. CONFLICT OF INTEREST
The LPA shall review the Conflict of Interest provisions of 23 CFR 1.33 and 49 CFR
18.36(b)(3)and agrees to comply with all the Conflict of Interest provisions in order for the
project to remain fully eligible for State or Federal funding. LPA should review, understand and
follow the instructions provided in the NDOR CONFLICT OF INTEREST GUIDANCE
DOCUMENT for LPA OFFICIALS.EMPLOYEES&AGENTS for LOCAL FEDERAL-AID
TRANSPORTATION PROJECTS located on the State website at the following location:
http://www.dor.state.ne.usloov-aff/Ipa/chapter-forms/coi/coi-ouidance-doc-Ipa.pdf.
In the event a consultant is used by the LPA on this project,the Consultant must also
complete and sign the CONFLICT OF INTEREST DISCLOSURE FORM FOR CONSULTANTS
for Local Federal-aid Transportation Protects,for each project. This form is located on the
State website at the following location: http://www.dor.state.ne.us/aov-aff/Ipa/chapter-
forms/coi/coi-disclosure-doc-consultant.pdf.
Consultants and Subconsultants providing services for LPA's, or submitting proposals
for services,shall have the duty to notify the LPA and the NDOR LPD PC and submit a revised
Conflict of Interest Disclosure Form for Consultants for any changes in circumstances, or
discovery of any additional facts,that could result in someone employed by, or who has an
ownership, personal,or other interest with Consultant or Subconsultant having a real or
potential conflict of interest on an LPA federal-aid transportation project.
SECTION 14. USE AND/OR RELEASE OF PRIVILEGED OR CONFIDENTIAL INFORMATION
(LPA provided CEl
Certain information provided by the State or maintained by the LPA is confidential
information contained within privileged documents protected by 23 U.S.C. §409. "Confidential
information"means any information that is protected from disclosure pursuant to state and
federal law and includes, but is not limited to, accident summary information,certain accident
reports, diagnostic evaluations, bridge inspection reports, and any other documentation or
information that corresponds with said evaluations or reports, and any other information
protected by 23 U.S.C. §409. "Privileged document"means any document pertaining to any file
or project maintained by the LPA or State that is privileged and protected from disclosure,
pursuant to appropriate state and federal law, including any document containing attorney-client
communications between an LPA or State employee and Legal Counsel. This confidential and
privileged information is vital and essential to the LPA in order that the LPA adequately oversee
the construction of the project.
Project No. HSIP-5011(12) Page 9 of 14
Control No. 22378 Agreement No. BO1401
108th Street from"I"to"M"Streets
The LPA agrees it will only use any information or documentation that is considered to
be privileged or confidential for the purposes of executing the services by which it has agreed to
render for this project only. The LPA agrees not to reveal, disseminate, or provide copies of any
document that is confidential and privileged to any individual or entity. The State or the LPA
agrees that any information or documentation that is considered to be privileged or confidential
that is provided to LPA will be marked with the following information(Approved 11/4/11):
"CONFIDENTIAL INFORMATION: Federal Law, 23 U.S.0§409, prohibits the production
of this document or its contents in discovery or its use in evidence in a State or Federal
Court. The State of Nebraska[or LPA]has not waived any privilege it may assert as
provided by that law through the dissemination of this document and has not authorized
further distribution of this document or its contents to anyone other than the original
recipient."
The LPA agrees to obtain the written approval of the State prior to the dissemination of
any privileged or confidential information or documentation if it is unclear to the LPA whether
such information or documentation is in fact privileged or confidential.
The LPA and the State agree that any unauthorized dissemination of any privileged or
confidential information or documentation on the part of the LPA will create liability on the part of
the LPA to the State for any damages that may occur as a result of the unauthorized
dissemination.The LPA agrees to hold harmless, indemnify, and release the State for any
liability that may ensue on the part of the State for any unauthorized dissemination of any
privileged or confidential information or documentation on the part of the LPA.
SECTION 15.THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK
SECTION 16.THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK
SECTION 17. GENERAL COMPLIANCE WITH LAWS
The LPA hereby agrees to comply with all federal, state,and local laws and ordinances
applicable to the work.
SECTION 18. DISPUTES
Any dispute concerning a question of fact in connection with the work not disposed of by
this agreement will be referred for determination to the State or a duly authorized
representative,whose decision in the matter will be final and conclusive on the parties to this
agreement.
Project No. HSIP-5011(12) Page 10 of 14
Control No.22378 Agreement No. 13O1401
108"'Street from"I"to"M" Streets
this agreement until the LPA complies, and/or cancellation, termination, or
suspension of this agreement, in whole or in part.
F. Incorporation of Provisions: The LPA shall include the provisions of paragraphs A
through E of this section in every subagreement, including procurements of
materials and leases of equipment, unless exempt by the Regulations, orders, or
instructions issued pursuant thereto.The LPA shall take such action with respect to
any subagreement or procurement as the State or FHWA may direct as a means of
enforcing such provisions including sanctions for noncompliance, provided
however, that in the event an LPA becomes involved in or is threatened with
litigation with a Consultant, Subconsultant/Subcontractor as a result of such
direction,the LPA may request that the State enter into such litigation to protect the
interests of the State and, in addition,the LPA may request that the State and
United States enter into such litigation to protect the interests of the State and
United States.
SECTION 27. SUBLETTING,ASSIGNMENT, OR TRANSFER
Any subletting, assignment, or transfer of any professional services to be performed by
the LPA is hereby prohibited unless prior written consent of the State is obtained.
SECTION 28. ALL ENCOMPASSED
This instrument embodies the whole agreement of the parties. There are no promises,
terms, conditions, or obligations other than contained herein, and this agreement supersedes all
previous communications, representations, or other agreements or contracts,either oral or
written hereto.
Project No. HSIP-5011(12) Page 13 of 14
Control No. 22378 Agreement No. B01401
108th Street from"I"to"M"Streets
IN WITNESS WHEREOF,the parties hereby execute this agreement pursuant to lawful
authority as of the date signed by each party. Further,the parties, by signing this agreement,
attest and affirm the truth of each and every certification and representation set out herein.
EXECUTED by the LPA this,r3/57-1ay of 2014.
WITNESS: CITY F O HA
Buster Brown Jean Stothert
LP4erk MayoiATL94
�•�i' '^'
•
EXECUTED by the State this day of , 2014.
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Mick Syslo, P.E.
Materials and Research Engineer
A
_ I
DEPUTY CM'ATTCRiVEY
Project No. HSIP-5011(12) Page 14 of 14
Control No. 22378 Agreement No. BO1401
108th Street from"I"to"M"Streets
CONTRACT NO.2378 PROJECT NO.HSIP-5011(12) •TOS=TEST OR SAMPLE
VENDOR NO:2341 SWAIN CONSTRUCTION,INC. CC=CONTRACTOR'S CERTIFICATION
COC=CETIFICATION OF COMPLIANCE
LOCATION:108TH ST,'L'ST-'M'ST,OMAHA COT=CERTIFICATION OF TEST
TYPE OF CONSTR: GRAD CONC PAVE CULV ELEC APL=APPROVED PRODUCTS LIST
LETTING DATE: 5/22/2014 PMV=PROJECT MANAGER'S VERIFICATION
SR.-SHIPPING REPORT
NOTE:ALL MANUFACTURERS OF STEEL AND IRON
MATERIALS WILL INCLUDE A STATEMENT ON THE TEST "SP=SPECIAL PROVISIONS-PAGE NUMBER
REPORT OR CERTIFICATION THAT ALL STEEL AND IRON SG=SAMPLING GUIDE-SECTION NUMBER
MATERIALS WERE MELTED AND MANUFACTURED NSS=NEBR.STAND.SPECS.-SECTION N
IN THE USA(SEE NSS-106.07 PARAGRAPH 3)
• ** M&R
DESCRIPTION QUANTITY UNITS REQUIRED DATA REF BK CONTACT
CONCRETE MOW STRIP 21.000 SY TOS SG-16 KRASON
WALL MATERIALS 185.000 SF TOS N55715 KRASON
COMPACTED EARTH LEVELING PAD 81.000 LF TOS NSS715 CHURCHWELL
SEL GRAN BFILL RETAINED EARTH STR 11.000 CY TOS/COT/COC NSS715 LINDEMANN
EROSION CONTROL,CLASS 1D 200.000 SY APL NSS807 DONDLINGER
FABRIC SILT FENCE-LOW POROSITY 577.000 LF APL NS5809 DONDLINGER
TIE BARS 458.000 EACH TOS/COT NS51020 KAREL
COMB CONC 47B-4000 CURB&GUTTER 274.000 LF TOS 5G-16 KRASON
CONC 478-3500 SIDEWALKS 62.000 SY TOS 5G-16 KRASON
DETECTABLE WARNING PANEL 32.000 SF APL SP-181 KAREL
6"CONC 47B-4000 IMPRINTED MEDIAN SURF 219.000 SY TOS SG-16 KRASON
CONC 478-3500 DRIVEWAY 146.000 SY T05 SG-16 KRASON
CONC 47B-HE-3500 DRIVEWAY 206.000 SY TOS SG-16 KRASON
10'CONC PVMT,478-4000 773.000 SY TOS SG-15 KRASON
9"CONCRETE PAVEMENT 1,337.000 SY T05 SG-15 KRASON
ADJUST MANHOLE TO GRADE 3.000 EACH TOS SG-16 KRASON
5"WHT WET RFLC PRF PVMT MKNG T4 GVD 413.000 LF APL SG-23 DONDLINGER
SUBGRADE PREPARATION 2,462.000 SY TOS SG-10 CHURCHWELL
CAST IRON COVER,FRAME&FLANGE 1,304.000 LB COC SG-25 KAREL
CURB INLET 1.000 EACH TOS SG-16 KRASON
RECONSTRUCT MANHOLE 1.000 EACH TOS SG-16 KRASON
478-3000 CONC FOR CONCRETE COLLARS 0.490 CY TOS SG-16 KRASON
RE-STEEL FOR COLLARS 41.000 LB TOS/COT 5G-16 KAREL
EXTERNAL FRAME SEALS 4.000 EACH COC SP-95 KAREL
CURB INLET SEDIMENT FILTER 13.000 EACH APL SP-183 DONDLINGER
18"STORM SEWER PIPE 1 13.000 LF SR SG-19 KAREL
PULL BOX,TYPE PB-6 6.000 EACH PMV SG-21 KAREL
RADAR VEHICLE DETECTION SYSTEM 1.000 LS COC SG-21 KAREL
LUMINAIRE,TYPE HPS-200W 1.000 EACH PMV SG-21 KAREL
WOOD POLE 1.000 EACH COC SG-21 KAREL
STREET LIGHT POLE 1.000 EACH COC SG-21 KAREL
LIGHTING CONTROL CENTER,R-2 1.000 EACH PMV SG-21 KAREL
SERVICE DISCONNECT PEDESTAL 1.000 EACH TOS SG-21 KRASON
2"CONDUIT IN TRENCH 429.000 LF PMV/TOS SG-21 KAREL
3"CONDUIT IN TRENCH 307.000 LF PMV/TOS SG-21 KAREL
2"CONDUIT,JACKED 779.000 LF PMV/TOS SG-21 KAREL
3"CONDUIT,JACKED 332.000 LF PMV/TOS 5G-21 KAREL
16/C*14 AWG TRAF SIG CABLE 1,794.000 LF TOS 5G-21 KAREL
2/C 816 AWG PED PBUTTON LEAD-IN CABLE 3,588.000 LF TOS SG-21 KAREL
318 GROUNDING CONDUCTOR 1,209.000 LF TOS SG-21 KAREL
SERVICE CABLE 200.000 LF TOS SG-21 KAREL
SUPPORT CABLE 500.000 LF TOS SG-21 KAREL
SERVICE ENTRANCE CABLE 300.000 LF ' TOS SG-21 KAREL
STREET LIGHT CABLE,NO.6 3/C 1,553.000 LF TOS SG-21 KAREL
6 PAIR COMMUNICATION CABLE 449.000 LF TOS SG-21 KAREL
FIBER OPTIC 1.000 EACH COC SG-21 KAREL
TERMINAL FUSION SPLICE POINT 1.000 EACH COC SG-21 KAREL
RE-ENTERABLE ENCAPSULATED SPLICE 1.000 EACH COC SG-21 KAREL
TEMPORARY SILT FENCE 500.000 IF APL NS5809 DONDLINGER
BUY AMERICA CERTIFICATION CC SP-59 KAREL
BARRICADE WARNING LIGHTS APL SG-23 KAREL
BARRICADE REFLECTIVE SHEETING TOS SG-23 DONDLINGER
HOT POURED JOINT SEALANT APL SG-15 BYRE
PREFORMED EXPANSION JOINT APL SG-15 KRASON
Pagel of 1 EXHIBIT"A"
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, a Program Agreement between Nebraska Department of Roads (NDOR)
and the City of Omaha for the 108th Street Improvements from L Street to M,Street Project,
known as Federal Aid Project HSIP-5011(12), State Control No. 22378 and OPW 51430, and
was approved by the City Council by Resolution No. 350 on March 29, 2011; and,
WHEREAS, NDOR agrees to the City providing Construction Engineering Services, as
delineated in the attached LPA-Staff Non-Participating Construction Engineering Services
Agreement, which by this reference becomes a part hereof; and,
WHEREAS, the City will be utilizing in-house staff to provide professional project
management services and all costs associated with this agreement are considered non-
participating and will be at the sole cost to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the LPA-Staff Non-Participating Construction
Engineering Services Agreement between Nebraska Department of Roads and the City of Omaha
for the 108th Street Improvements from L Street to M Street Project, known as Federal Aid
Project HSIP-5011(12), State Control No. 22378 and OPW 51430, and all costs associated with
this agreement are at the sole cost of the City, is hereby approved; and,
THAT, the City Council hereby authorizes the Mayor and City Clerk to sign the attached
Agreement on behalf of the City of Omaha.
1295djr APPROVED AS TO FORM:
Zb � 7-
AITY ATTORNEY DATE
Exhibit"A"
By AA
Councilmember
Adopted JUL 2,9 2014 -Q
ity lerk 7/3/M/
APP rovedTT��—
Mayor
A
NO. 9,y�
Resolution by
Res. that, as recommended by the Mayor, the
LPA-Staff Non-Participating Construction
Engineering Services Agreement between
Nebraska Department of Roads and the City
of Omaha for the 108th Street Improvements
from L Street to M Street Project, known as
Federal Aid Project HSIP-5011(12), State
Control No. 22378 and OPW 51430, and all
costs associated with this agreement are at the
sole cost of the City, is hereby approved; and,
that the City Council hereby authorizes the
Mayor and City Clerk to sign the attached
Agreement on behalf of the City of Omaha.
1295Adjr
Presented to City Council
JUL 2 9 .014
Adopted 6- C,
gu.fter gown
City Clerk