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RES 2013-0897 - Agmt with NDOR for safety improvements at 84th and L Sts, OPW 51642 W � AHA, :4,`ioM �e�'s� E t'1 t" I V L Li Public Works Department Ak 0*V Omaha/Douglas Civic Center ®14 ,tt L June 25, 2013 13 JU 1 Pr, 1: 4 1819 Farnam Street,Suite 601 O.77 . • .a' '`'`4 Omaha,Nebraska 68183-0601 oR 4� (402)444-5220 �TFD FEBR-P ±,., Fax k, Fax(402)444-5248 City of Omaha 4 H A, N t,%jr",= t-: ,4 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 Construction Engineering Services Agreement between the City of Omaha and Nebraska Department of Roads (NDOR) for safety improvements to intersection of 84th Street and L Street, known as Project HSIP-5023(16), State Control No. 22429, and OPW 51642. The City Council approved a Program Agreement with the Nebraska Department of itoads (NDOR) for this project by Council Resolution No. 349 on March 29, 2011; according to which NDOR has agreed to steward the programmed project funds as required by the Federal Highway Administration, which has pledged to cover 90% of the eligible project costs. NDOR is entering into an agreement for the City to provide professional project management and construction engineering services for this street improvement project according to the attached Agreement. These Construction Engineering services are to be pet formed in-house, at the sole expense of 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 thr attached Resolution. Respectfully submitted, Referred to City Council for Consideration• z 'i------- '�� 0- a‹......) i --/Q -/3 -te-- (P_- /L- ( 3 Rob .rt G. Stubbe, P.E. Date Mayor's Office Data Public Works Director Approved as to Funding: CLU2---- c__42A- 1---. ( -/..J -4.3 r-57 Finance Department Date I 734htp T-AGR-2B Revised 4-1-13 STATE -LPA PROFESSIONAL SERVICES, LPA STAFF/NON-PARTICIPATING CONSTRUCTION ENGINEERING SERVICES CITY OF OMAHA NEBRASKA DEPARTMENT OF ROADS PROJECT NO. HSIP-5023(16) CONTROL NO.22429 84TH AND L STREET 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, BM1142,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-5023(16), 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-5023(16) Page 1 of 14 Control No.22429 Agreement No. BK1348 84th and L Street Template T-AGR-2B Revised 4-1-13 T-AGR-2B Revised 4-1-13 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/gov-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-5023(16) Page 2 of 14 Control No.22429 Agreement No. BK1348 84th and L Street Template T-AGR-2B Revised 4-1-13 T-AGR-2B Revised 4-1-13 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-5023(16) Page 3 of 14 Control No.22429 Agreement No. BK1348 84th and L Street Template T-AGR-2B Revised 4-1-13 T-AGR-2B Revised 4-1-13 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-5023(16) Page 4 of 14 Control No.22429 Agreement No. BK1348 84th and L Street Template T-AGR-2B Revised 4-1-13 T-AGR-2B Revised 4-1-13 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-5023(16) Page 5 of 14 Control No.22429 Agreement No. BK1348 84`"and L Street Template T-AGR-2B Revised 4-1-13 T-AGR-2B Revised 4-1-13 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(LPA1 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-5023(16) Page 6 of 14 Control No.22429 Agreement No. BK1348 84th and L Street Template T-AGR-2B Revised 4-1-13 T-AGR-2B Revised 4-1-13 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-5023(16) Page 7 of 14 Control No. 22429 Agreement No. BK1348 84th and L Street Template T-AGR-2B Revised 4-1-13 T-AGR-2B Revised 4-1-13 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-5023(16) Page 8 of 14 Control No.22429 Agreement No. BK1348 84th and L Street Template T-AGR-2B Revised 4-1-13 T-AGR-2B Revised 4-1-13 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.us/q ov-aff/lpa/chapter-forms/coi/coi-o uidan ce-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 Projects,for each project. This form is located on the State website at the following location: http://www.dor.state.ne.us/ciov-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 CE) 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-5023(16) Page 9 of 14 Control No.22429 Agreement No. BK1348 84th and L Street Template T-AGR-2B Revised 4-1-13 T-AGR-2B Revised 4-1-13 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-5023(16) Page 10 of 14 Control No.22429 Agreement No. BK1348 84th and L Street Template T-AGR-2B Revised 4-1-13 T-AGR-2B Revised 4-1-13 SECTION 19. HOLD HARMLESS PROVISION The LPA agrees to save harmless the State from all claims and liability due to activities of the LPA or those of the LPA's agents or employees in the performance of work under this agreement. SECTION 20. PROFESSIONAL REGISTRATION When applicable,the LPA shall affix the seal of a registered professional engineer or architect licensed to practice in the State of Nebraska, on all documents, plans, and specifications prepared under this agreement as required by the Nebraska Engineers and Architects Regulations Act, Neb.Rev.Stat. 81-3401 et.seq. SECTION 21. SUCCESSORS AND ASSIGNS This agreement is binding on successors and assigns of either party. SECTION 22. DRUG-FREE WORKPLACE POLICY(LPA CE) The LPA shall have an acceptable and current drug-free workplace policy. SECTION 23. FAIR EMPLOYMENT PRACTICES ACT The LPA agrees to abide by the Nebraska Fair Employment Practices Act, as provided by Neb.Rev.Stat.48-1101 through 48-1126,which is hereby made a part of and included in this agreement by reference. SECTION 24. DISABILITIES ACT The LPA agrees to comply with the Americans with Disabilities Act of 1990 (P.L. 101-366),as implemented by 28 CFR 35,which is hereby made a part of and included in this agreement by reference. SECTION 25. DISADVANTAGED BUSINESS ENTERPRISES The LPA shall ensure that disadvantaged business enterprises, as defined in 49 CFR 26, have the maximum opportunity to compete for and participate in the performance of sub agreements financed in whole or in part with federal funds under this agreement. Consequently,the disadvantaged business requirements of 49 CFR 26 are hereby made a part of and included in this agreement by reference. The LPA shall not discriminate on the basis of race, color, sex, or national origin in the award and performance of FHWA-assisted contracts. Failure of the LPA to carry out the requirements set forth above will constitute a breach of this agreement and, after the notification of the FHWA, may result in termination of this agreement by the State or such remedy as the State deems appropriate. Project No. HSIP-5023(16) Page 11 of 14 Control No.22429 Agreement No. BK1348 84th and L Street Template T-AGR-2B Revised 4-1-13 T-AGR-2B Revised 4-1-13 SECTION 26. NONDISCRIMINATION (LPA) A. Compliance with Regulations: During the performance of this agreement,the LPA, for itself and its assignees and successors in interest, agrees to comply with the regulations of the DOT relative to nondiscrimination in federally-assisted programs of the DOT(49 CFR 21 and 27, hereinafter referred to as the Regulations),which are hereby made a part of and included in this agreement by reference. B. Nondiscrimination: The LPA,with regard to the work performed by it after award and prior to completion of this agreement, shall not discriminate on the basis of race, color, sex, or national origin in the selection and retention of Consultants or Subconsultants, including procurements of materials and leases of equipment. The LPA shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5, including employment practices when the agreement covers a program set forth in Appendixes A, B, and C of 49 CFR 21. C. Solicitations for Subagreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the LPA for work to be performed under a subagreement, including procurements of materials or equipment, each potential Consultant, Subconsultant or supplier shall be notified by the LPA of the LPA's obligations under this agreement and the Regulations relative to nondiscrimination on the basis of race, color, sex, or national origin. D. Information and Reports: The LPA shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or FHWA to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of an LPA is in the exclusive possession of another who fails or refuses to furnish this information,the LPA shall certify to the State or FHWA, as appropriate, and set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the LPA's noncompliance with the nondiscrimination provisions of this agreement,the State will impose such agreement sanctions as it or the State and FHWA may determine to be appropriate, including but not limited to withholding of payments to the LPA under Project No. HSIP-5023(16) Page 12 of 14 Control No.22429 Agreement No. BK1348 84t"and L Street Template T-AGR-2B Revised 4-1-13 T-AGR-2B Revised 4-1-13 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-5023(16) Page 13 of 14 Control No. 22429 Agreement No. BK1348 84th and L Street Template T-AGR-2B Revised 4-1-13 T-AGR-2B • Revised 4-1-13 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 bythe LPA this d/7 iy /da of , 2013. WITNESS: CITY OMAHA Buster Brown Jim Sidle lerk Mayor EXECUTED by the State this-! day of 'Nf e ''S- , 2013. STATE OF NEBRASKA DEPARTMENT OF ROADS Mick Syslo, P.E. a�n R search ngineer APPAZOVED ASS TO F RM: /116W6 c I,> DEPUTY CITY ATTORNEY Project No. HSIP-5023(16) Page 14 of 14 Control No. 22429 Agreement No. BK1348 134th and L Street Template T-AGR-2B Revised 4-1-13 • • State of Nebraska Department of Roads Material Sampling and Testing Summery Contract ID 2429 in Control Number 22429 000 These are estimated quantities for materials that need to be tested for this project. Protect Nursers I151P-5023)IR) Items that require certifications or letters of compliance are not listed.Please refer to Materials Sampling Guide for those Items and for frequency of materials that need to H Lor.Unn OtfO/U'sr.OMAHA he submitted to NOR for verification testing. Type of Work ORAOCONC PAVE CULV EEC - — Letting Date June 27dh 2013 �^-` w f Gawp - 1)Rellkm h!rtl CAda DMedp000 QYKARNW UssR Tat Caet0p000 • Ted, CMIMmda GROW I GRADING 0004 1030.00 EARTHWORK MEASURED IN EMBANKMENT 1520000 CY Soli Deeslfy-Embankment Lab Standard Proctor Test 1 Assume: 1 per laceRan/2loCatlons Field Density Test 2 In-place moisture-denstiy tests for each 1000-3000 CV,depending on SG-9 CHURCHWELL Field Moisture Test 2 soil type or as needed is Indicated by changes in roll material. GROW S CONCRETE PAVEMENT 0012 3000.05 TIE BARS 1203,000 EACH Reinforcing Steel-Field Sample Sample for Quality 1 2-6'samples unless from approved stock N551020 KAREL 0013 301011 COMBINATION CONCRETE CLA55476-35(10 CURB AND GUTTER 2520.03 IF Accents: 3 Pours Agg Free Moisture 3 5G-16 MASTERS . Field Tech Tests 3 Airjevery 300cyj,Slump,Unit Weight,Yield,Cylinders._ SG-I6 BEASON L. 2751 CY Unconfined Compression Cylinder 12 SG-16 REASON White Pigmented Cure Compound-field User Sample for Quality 1 Sample required Whom a non-approved stock SG-16 MASTERS Hot Poured Joint Sealant•Field User Sample for Quality 1 One sample per lot unless shipped from tested and approved stock SG-I6 BYRE 0014 3016.30 CONCRETE CLASS OTBK-3500SDEWALK - 205.000 SY Assume: I Pour Agg Free Moisture I SG-16 MASTERS Field Tech Tests 1 pir)every 300cy),Slump,Unit Weight,Yield,Cylinders... 1 250 CY Unconfined Compression Cylinder 4 SG-16 REASON White Pigmented Cure Compound-Field User Sample for Quality 1 Sample required If from a non-approved stock SG-16 MASTERS 0016 3017.e5 6"CONCRETE IMPRINTED MEDIAN SURFACING 75O000 5V Assume: 2 Pads Agg Free Moisture 2 SG-16 MASTERS Field Tech Tests 2 Alr)every 300cy),Slump,Unit Weight,Yield,Cylinders.. SG-16 BEASON 1401 CV Unconfined Compression Cylinder 8 SG-16 BEASON White Pigmented Cure Compound-Field Uses Sample for Quality Sample required if from a non-approved stack sG•I6 MASTERS 0017 3075.62 II"CONCRETE PAVEMENT,CLASS 470.3500 523.000 SY Assume: 2 Pasts Agg Free Moisture 2 SG-]6 MASTERS • Field Tech Tests 2 Air)every 300cy),Slump,Unit Weight,Yield,Cylinders... SG-16 BEASON • ' 175 CO Unconfined Compression Cylinder 8 5G-16 BEASON 1 Paving Units Pavement Cores N/A Cores have been included with line item 0018 White Pigmented Cure Compound-Field User Sample for Quality 1 Sample required if from a non-approved stock SG:16 MASTERS 0018 3075.66 11"DOWELED CONCRETE PAVEMENT,CLASS 478.3500 3636A00 SY Assume: S Pours AU Free Moisture 5 SG-15 MASTERS •• �.�d Fled Tech Tests 5 Abjevery 300cy),Slump,Unit Weight,Yield,Cylinders... SG-IS BEASON -^l Unconfined Compression Cylinder 10 SG-IS REASON 6l Paving U1 s�.re1r 113 Pavement Cores 6 uM.lnocs u,s.eaeuwl..aeu.vrewahsreus.ant Weals.co<... Reinforcing Steel-Field Sample Sample for Quality 1 2.6'samples unless from approved stock SG-IS KAREL White Pigmented Cure Compound-Field User Sample for Quality I Sample required If from a non-approved stock SG-IS MASTERS Hot Poured Joint Sea11m-Field User Sample foe Quality 1 One sample per lot unless shipped from tested and approved stock SG-1S BYRE 0019 3091.17 11"CONCRETE PAVEMENT,CLASS 478-HE-3500 00.000 SY Assume: 1 Pour Agg Free Moisture 1 SG-16 MASTERS Field Tech Tests 1 Mrjevery 300ry),Slump,Unit Weight,Yield,Cylinders... SG-I6 BEASON • 30 CY Unconfined Compression Cylinder 4 SG-16 REASON 1 Core per 750ft per lane.LPA/CE Is responsible for getting testing lab to take and break 1 Paving Units • Pavement Cores 1 the cores. White Pigmented Cure Compound-Field User Sample for Quality 1 Sample required if from a non-approved stock SG-I6 MASTERS 0020 4024.55 FLUME SPILLWAY 5.000 LF Assume: Nonni with of etl I 4 CY White Pigmented Cure Compound-Field User Sample for Quality 1 Sample required if from a non-approved stock SG-16 MASTERS One sample 36 inches square from each 75,000 square feet of fabric unless shipped from WELDED WIRE FABRIC Sample for Quality 1 tested and approved stack. SG-16 KAREL 0021 0124.70 CONCRETE FLUME,TYPE I 1.000 EACH Assume: Pouted with ethos. • l . 5j C Reinforcing Steel Sample for Quality I 2-6'samples unless from approved stock SG-16 KAREL Page 1 of 4 State of Nebraska Department of Roads Material Sampling and Testing Summary Canino 10 2429 Control Panther 22425 000 These are estimated quantities for materials that need to be tested for this protect E Protect Number FINP-9023116) Items that require certifications or letters of compliance are not listed-Please refer to Materials Sampling Guide for those items and for frequency of materials that need to Location WWI:ST.OMAHA be submitted to NOR for verlfkation testing. - Type of Work GRAD CONC PAVE CULVEIEC - m Letting Date June 2701r 2013 ur F Number of Group UM Mean Item Code Deeedp0mn Quantity Unit Test OesrafpNon TORte. Common Guldens White Pigmented Cure Compound Field Uses Sample for Quality I Sample required if from a non approved stock 5G-16 MASTERS Hot Poured Joint Sealant Field Uses Sample for Quality 1 One sample per lot unless shipped front tested and approved stock 5G-16 BYRE One sample 36 inches square from each 75,000 square feet of fabric unless shipped from WELDED WIRE FABRIC Sample for Quality 1 tested and approved stock. SG-16 KAREL 0029 9005,70 ASPHALTIC CONCRETE,PIPE EL 470.000 TON Asphalt Aggregates Sample for Quality 1 per agg SP-196 Asphaltic Concrete Asphalt Mix Design 1 LOVES SP196 LOVES Assume: Asphalt Mixture Testing I SP196 LOVES mina=]leafs DensityTest 1 0030 9005212 ASPHALTIC CONCRETE.TYPE SPH 930.000 ION Asphalt Aggregates Sample for Quality t pet egg SP•215 BEASON Asphaltic Concrete Asphalt Mix Design 1 SP.215 LOVES Assume: Asphalt Mixture Testing 2 SP 215 LOVES 930/750="2 tests Density Test 2 0031 9009.7S TEMPORARY SURFACING(May not be usedl) 100.000 SY Assume: IPour Agg Free Moisture t SP-I]B MASTERS Held Tech Tests 1 Airlevery 300cy),Slump,Unit Weight,Yield,Cylinders. SF-178 BEASON I 251 CY Unconfined Compression Cylinder 4 SP-1711 BEASON White Pigmented Cure Compound-Field Uses Sample for Quality t Sample required if from a non-approved stock SP178 MASTERS ON IF ASPHALT IS USED Asphalt Aggregates Sample for Quality 1 per agg SP.215 BEASON Asphaltic Concrete Asphalt MIS Design 1 SP.215 LOVES Assume: AsphaltMixture Testing t SP-215 ROVES 45/750'l tests Density Test I Performance Graded Binder Sample for Quality 2 Minimum at l tests every 3750 tans SP 118 BYRE 1 Core per 750ft per lane.LPA/CE is responsible for getting testing lab to take and break ] Paving Units Pavement Cores 1 the cores. 0032 9021.06 PERFORMANCE GRADED BINDER(70-34) 68.246 TON SP-18B BYRE PERFORMANCE GRADED BINDER f70-347 Sample for Quality 2 Minimum of 2 tests every 3750 tons 0033 9053.00 TACK COAT 1730.000 GAL Emulsifed Asphalt-Type CSS-1/S5,I OR CSS IH/SS-1H Sample for Quality 1 1 quart sample per tank car or truckload SP•174 BYRE 003E 9173.20 SUBGRADE PREPARATION 4239.000 SY Soil Density-Subgtade Preparations Lab Standard Proctor Test 1 Assume: 1 per locatlon/4 locations field Density Test 4 In place moisture-density tests for each 1000'or less,depending on SP-10 CHURCHWELL 6 field Moisture Test 4 soil type or as needed is Indicated by changes In soil material. GROUP 4 CULVERTS 0045-0048 CURB INLETS.AREA INLET,&RECONSTRUCT CURB INLET 16.000 EACH Assume: 3Poura Agg Free Moisture 3 5G-16 MASTERS 451 Field Tech Tests 3 Air(every 300ry),Slump,Unit Weight,Yield,Cylinders... 5G-16 BEASON I Unconfined Compression Cylinder 12 SG-16 REASON 10 4011.14 Curb Mkt 2 4013.15Coet Mkt 1 401140Ama Mkt 3 4O11J011ec aNmct[Wbinkr 0049.0050 4010.00 MANHOLES 2.000 EACH Assurno: Poured with others I tI CY Reinforcing Steel•Field Sample Sample for Quality 1 2.6'samples unless from approved stock SG-16 KAREL 0053 4107.07 CIASS 478-3000 CONCRETE FOR CONCRETE COLLARS 3.990 CY Assume: Poured with others I 3.9.11 LT 0054 4157.00 REINFORCING STEEL FOR COLLARS 310.000 LB Reinforcing Steel-Field Sample Sample for Quality 1 2-6'samples unless from approved stock SG-16 KAREL 0060 4600.15 15'REINFORCED CONCRETE SEWER PIPE 525.000 IF Page 2 of 4 • State of Nebraska Dpamment of Roads Matelot Samplhto and Testing Summary Contract ID 2429 Control Number 22420 080 These are estimated quantities for materials that need to be tested for this project. - Proffitt Number NNP-5023(18) Items that require certgkations or letters of compliance are not listed.Please refer to Materials Sampling Guide for those items and for frequency of materials that need to .3 Lautlne YTH/'L'ST,OMAHA be submitted to NOR for wrgkatbn testing. Type of Wert GRAD CONC PAVE CULV MC • Letting Date Tune 271h,2013 - Bff Nita*elf Group WIe1W. Ifam9Cede Dredpslet . Oa nlsy Unit TMQo0dptlea, Test Comment. GWdlege Soil Density-Pipe Racial a lab Standard Proctor Test ] Assume: 1 per lota0mt/2 likeableField Density Test 2 In-place moisture-density tests for each 1000'or less,depending on NSS702 CHURCHWEL1 Field Moisture Test 2 soil type or as needed is indicated by changes in sal material. 0061 4880.18 18'REINFORCED CONCRETE SEWER PIPE 71.000 LF Sal Density-Plpe Backflll a lab Standard Proctor Test 1 Assume: l pet lgEaOtm/2 bcatlotle Field Density Test 2 In-place moisture-tensity tests for each 1000'or less,depending on N55702 CHURCH WELL Field Moisture Test 2 soil type or as needed is indicated by changes in soil material. 0062 . 9600.24 24"REINFORCED CONCRETE SEWER PIPE 78.000 LF Soil Density-Pipe Backtll I Lab Standard Proctor Test ] Assume: leer locationlocationsallon/2locations Field Density Test 2 In-place moisture-density tests for each 1000'or less,depending on 055702 CMURCMWEII Field Moisture Test 2 soil type or as needed is indicated by changes In soil material. 0065 4670.05 CULVERT SANDFILI 13.000 CY Assume:. FROWl01EENLISIN'ED Agg Free Moisture 2 SG-16 REASON 1 Pour Field Tech Tests 1 Airlevery 300cyf,Slump,Unit Weight,Yield,Cylinders._ SG-1G BEASON I 131 CY Unconfined Compression Cylinder 4 SG-I6 MASTERS 0069 8092.03 AGGREGATE BEDDING 223.000 TON Sample(or Quality 1 1 Sample for each 1000 tons SP-96 REASON Gradation 1 1�60lbs sample unless from Weeping Water or Fort Calhoun GROUP RB ELECtRICAL 0092 A006.76 PEDESTAL POLE,TYPE PP-4 3.000 EACH Assume: Poured with others I 1.51 CY- 0097 A(130.00 SERVICE DISCONNECT PEDESTAL 1.000 EACH • Assume: Poured with others I a5!CV 0098-0101 Electrical Conduit 1693.000 LE Unless Underwriters'Laboratory or Intertek testing services 1E11)approved.If UL or ETL 3 label 1•2'sample for each lot or batch.3 Types is attached and physical dimensions are correct,the conduit may be accepted. 5G•21 KAREL 0102-0I03, 0105-0110 Electrical Cable 7278.000 LF If requested by the Materials and Research Division a manufacturer's 1•4'sample for each cabin type per lot.8 Types 8 certified test report may also be required. 5G-21 KAREL 0104 A079.43 al GROUNDING CONDUCTOR 1019.000 LF 1-1'sample for each cable typer per lot.1 Type 1 SG•21 DONOLINGER GROUP IO GENERAL ITEMS 0116 0001.08 BARRICADE,TYPE II 16554.000 RDAS Reflective Sheeting n Reflectivity Test AO 1of every 5,or a minimum of two of each type SG•23 DONOLINGER 0117 0001.10 BARRICADE,TYPE III 684.000 BOAY Reflective Sheeting a Reflectivity Test 5 1 of every 5,or a minimum of two of each type 5G-23 KAREL • Concrete Calm/alms Conversion Factor Totals 470-3500 ad 470.3000 - BId Item Summary:1173.83 CY Fine agg 02106 CY Agg/CY PCC 1510.44 CY Coarse Age 0.3618 CY Agg/CY PCC 678.01 CY 1PF Cement 564 lbs/CY PCC 528.47 Tons Conversion Factor Totals 47101E-3500 Bid Item Summary:30.00 CY Fine Agg 0.7375 CY Agg/CY PCC 22.13 CY Coarse Agg 0.333 CY Agg/CY PCC 9.99 CY 1PF Cement 752 Ibs/[YPCC 11.28 Tom Page 3 of 4 SUte nt Ndxuha Department of Roads Material Sampling and Testing Summary Contract 10 2419 Control Number 22420 000 These are estimated quantities for materials that need to be tested for this project. m Project Number IISIP-5023114) Items that require certifications or letters of compliance are not listed.Please refer to Materials Sampling Guide for those items and for frequency of ma tenets that need to a laced.1110TN/V ST,OMAHA he submitted to NOR for verification testing. Type of Work GRAD CONC PAVE cumEEEC 13 S m tettIng Date lune 27th,2013 , w P r Number of Group One Nun GOO MAe - Description *MIN unit TestprFdpdon Talb Comment. Guldmee Conversion Factor Totals 4710-3500 Nd limo Summary:2500 CV Fine Agg 1.1538 CY Agg/CY PCC 28.85 CY Coarse Agg 0 CYAgg/CY PCC 0.00 CY ]PF Cement 564 Ibs/CY PCC 7.05 Tons Conversion Fatter Totals FtowaMe Pitt Old Item Summary:5300 CV Fine Aetna 1 CY Agg/CY PCC 13.00 CY Page 4 of 4 State of Nebraska Department of Roads Required Document Llet Legend Contract ID 2429 TOO Tan or Sample " Control Number 22419 000 CC Contractor's Certification Project Number H51P-5023(16) MC Manufacturer Certification location 84T14PL'ST,OMAHA COC Certification of Compliance Typo of Work GRAD COIIC PAVE CULV NEC COT Certification of Test Letting Date June 27th,2013 APL Approved Products List PMV Project Manner's Verification DISCLAIMER:This document may net include all material requirements for this project. SP Special Provisions Please refer.to the Materiels Sampling Guide fora comprehensive list of the NSS Nebraska Standard Specification mete/el requirements.This document will not reflect any changes made to the SR Shlpping Report Project efer the project leasing. -'ilgg 'qMt.._ G.eah `. �IMIR _Q1k,-. IMeo4pteq :, Olunly LAMofM�lud RtifllreitetUelab RNRCenlbct GROUP I GRADING 0001 0030.10 MOBILIZATION 1.000 LS 0002 1009.00 GENERAL CLEARING AND GRUBBING 1.000 LS 0003 11311.00 WATER 9.000 MGAL 0004 1030.00 EARTHWORK MEASURED IN EMBANKMENT 1519.000 CY Soil Donsity-Emkankmentd TO5 5G-9 CHURCHWELL 0005 1101.00 REMOVE PAVEMENT 3378.000 5Y 0006 1107.00 REMOVE WALK 256.000 SY 0007 1109.00 REMOVE CURB 879.000 LF 0008 1122.01 REMOVE CONCRETE MEDIAN SURFACING 2216.00o SY 0009 I019.13 EROSION CONTROL,CLASS 11) 5495.003 SY APL NSS807. DONDLINGER 0010 L022.11 FABRIC SILT FENCE-LOW POROSITY 2283.000 IF APL N55809 DONDLINGER GROUP 3 CONCRETE PAVEMENT 0011 0030.30 MOBILIZATION 1.000 l5 0012 3008.0E TIE BARS 1203.000 EACH Reinforcing Steel-Filed Sample TOS/COT N551020 KAREL • Reinforcing Steel-(protestedjd TOS/COT NS51020 KAREL Non-Shrink Grout APL N55909 MASTERS Epoxy Resin Bonding System-Grade 3d APL SP-210 MASTERS 0013 3014.11 COMBINATION CONCRETE CLASS 476-3500 CURB AND GUTTER 2520.000 LF Portland Cement Blended-tPF,IPN,IPF/5 TOS 5G-16 MASTERS Portland Cement Concrete TOS SG-16 MASTERS Prof Expansion It Filler-Asphalt Type. API 5G-16 MASTERS White Pigmented Cure Compound-Field Used APL/TOS 5G-16 MASTERS Hot Poured Joint Sesient-Field Used APL/TOS 5G-16 BYRE Gus BAggregate TOS 56.16 BEASON ' Class E Agre9.te TOS 5G-16 BEASON 0014 3016.30 CONCRETE CLASS 47BK-3500 SIDEWALK 205.000 SY Portland Cement Blended-IPF,IPN,IPF/5 TOS 5G-16 MASTERS Portland Cement Concrete TOO 5G-16 MASTERS White Pigmented Cure Compound-Field Used APL/TOS SG-16 MASTERS Class C Apregte TOS SG-16 SEASON 0015 3016.39 DETECTABLE WARNING PANEL 64.000 SF APL SP-114 KAREL 0016 3017.415 6"CONCRETE IMPRINTED MEDIAN SURFACING 786.000 SY Portland Cement Blended-IPF,IPN,IPF/5 - TOS SG-16 MASTERS Portlend Cement Concrete T05 5G-16 MASTERS White Pigmented Cure Compound-Field USen APL/TOS 5G-16 MASTERS Cl...B Apregete TOS SG16 BEASON Gass E Aprpete TOS 5G-16 BEASON 0017 3075.62 11"CONCRETE PAVEMENT,CLASS 478-3500 523.000 5Y TOS 5G-15 MASTERS 0018 3075.66 11'.DOWELED CONCRETE PAVEMENT,CLASS 478-3500 3636.000 5Y Portland Cement Blended-IPF,IPN,IPF/5 TO5 SG-15 MASTERS Portland Cement Concrete TOS SG-15 MASTERS Rnlnforclng Steel-(pretestedjd TOS/COT SG-15 KAREL Reinforcing Steel-Field Sample TOS/COT SG-1.5 KAREL White Pigmented Cure Compound-Field Used APL/TOS SG-15 MASTERS Hot Poured Joint Sealant-Field Used APL/TOS SG-15 BYRE Epooy Resin Bonding System-Grade 3 d API 56-15 MASTERS Close B Aggregate TOS 5G-15 BEASON Cess EAggregate TOS SG-15 BEASON 0019 3091.17 11'CONCRETE PAVEMENT,CLASS 47B-HE-3500 80.000 SY TOS 5G-15 MASTERS 0020 4024.55 FLUME SPILLWAY 5.000 IF Portland Cement Blended-IPF,IPN,IPF/S TOO 5G-16 MASTERS Portland Cement Concrete TOS 5G-16 MASTERS White Pigmented Cure Compound-Field Used APL/TOS 5G-16 MASTERS • Class ISAggrepte TOS SG-16 BEASON Class E Aggregate TOS 5G-16 BEASON 0021 4024.70 CONCRETE FLUME,TYPE I 1.000 EACH Portland Cement Blended-IPF,IPN,IPF/5 TOS 5G-16 MASTERS Portland Cement Concrete TOS 5G-16 MASTERS Reinforcing Steel TOS/COT SG-16 KAREL . White Pigmented Cure Compound-Field Used APL/TOS SG-16 MASTERS Hot Poured Joint Stelant-Field Used APL/TOS SG-16 BYRE Gass BApreiue TOS 5G-16 REASON Gass E Aggregate TOS 5G-16 BEASON 0023 7500.33 ARROW,WET REFLECTIVE PERFORMED PAVEMENT MARKING,TYPE 45.000 EACH Wet Reflective Prof Pave Marking TypelVd APL 5G-23 DONDLINGER 0022 7490.50 5"WHITE WET REFLECTIVE PREFORMED PAVEMENT MARKING, 2889.000 LF Wet Reflective Prof Pave Marking TypelVd APL 5G-23 DONDLINGER 0024 7500.37 ONLY 2.000 EACH APL 5G-23 DONDLINGER 0025 7519.00 ARROW,WET REFLECTIVE PREFORMED PAVEMENT MARKING, 3.003 EACH Wet Reflective Fret Pave Marking TypelVd APL 5G-23 DONDLINGER 0026 7519.10 ONLY,WET REFLECTIVE PREFORMED PAVEMENT MARKING, 2.000 EACH Wet Reflective Pref Pare Markin TYpelVe APL SG-23 DONDLINGER 0027 7590.50 6"WHITE WET REFLECTIVE PREFORMED PAVEMENT MARKING, 140.000 LF APL 5G-23 DONDLINGER 00213 8022.12 HYDRATED LIME FOR ASPHALT MIXTURES 13.000 TON Hydrated Line COC SP-239 DONDLINGER 0029 9005.70 ASPHALTIC CONCRETE,TYPE LC 470.000 TON TOS SP-I96 REA Asphed Ag0reptes TOS SP-196 BEASON Asphaltic Concrete Technician. PMV SP-196 KOVES Aepheltk Concrete - COC SP-136 KOVES 0030 9005.82 ASPHALTIC CONCRETE,TYPE SPH 930.000 TON TOS SP-215 REA Asphalt Aggregates TOS SP-215 BEASON Asphakk Concrete Technicien. PMV SP-215 KOVES Aephekk Concrete COC SP-215 KOVES 0031 9009.75 TEMPORARY SURFACING 100.000 SY Portlend Cement Concrete TOS SP-178 MASTERS White Pigmented Cute Compound-Field Use. APL/TOS SP-178 MASTERS Performance Graded Binder TOS SP-178 BYRE Class B Aggregate TOO SP-178 BEASON Class EAggregate TOO SP-178 BEASON Class Aggregate TOS SP-178 BEASON 0032 9011.06 PERFORMANCE GRADED!UNDER(70.34) 68.246 TON TOO SP-188 BYRE 0033 9053.00 TACK COAT 1730.003 GAL Emulsfed Asphalt-Type C55-1/55-1 TOO SP-174 BYRE Emulsified Asphalt-Type C55-1H/SS-1H TOS SP-174 BYRE 0034 9111.00 WATER 20.000 MGAL Page 1 of 3 EXHIBIT"A" State of Nebraska Department of Roads Required Document List Legend Contract ID 2429 TOS Test or Sample Control Number 22429 000 CC Contractor's Certification Project Number NAP-5023116) MC Manufacturer Certification Location I4THPL'ST,OMAHA COC Certification of Compliance Type of Work GRAD CONC PAVE CULV NEC COT Certification of Test Letting Pete June 27th,3013 APL Approved Products List PMV Project Manager's Verification DISCLAIMER:This document may not include all material requirements for this project. SP Speclel Provisions Please refer.to the Materials Sampling Guide for a comprehensive list of the NSS Nebraska Standard Speclfcatlon material requirements.This document will not reflect any changes maEe to the SR Shipping Report project after the project letting. LBW l GrauP Rim cook. oalF6bn 9089 tMYt.. Aeo181 oocM pd tYgw1c4.091, 1011C10BIG 0035 9170.00 EARTH SMOULDER CONSTRUCTION 26.503 STA 0036 9170.50 MEDIAN CONSTRUCTION 15.000 STA 0037 9173.20 SUBGRADE PREPARATION 4239.000 5Y Soil Density•Sub3rade Preparations TOO SP-10 CHURCHWELL 0038 9179.33 COLD MILLING,CLASS 3 8275.090 SY 0099 9186.00 CONCRETE SURFACE MILLING 391.000 5Y 0040 9300.31 RAP INCENTIVE PAYMENT 2380.000 EACH 0041 L010.00 SODDING 1971.000 59 GROUP 4 CULVERTS 0042 0030.40 MOBILIZATION 1.000 LS 0043 1119.00 REMOVE INLET 7.000 EACH 0044 4003A0 CAST IRON COVER,FRAME,AND FLANGE 652.000 LB COC 5G-25 KAREL 0045 4011.14 CURB INLET 10.000 EACH TOS SG-16 MASTERS 0046 4011.15 CURB INLET 2.030 EACH TOS 5G-16 MASTERS 0047 4011.60 AREA INLET 1.000 EACH Portland Cement Blended-IPF,IPN,IPF/5 TOO 5G-16 MASTERS Portland Cement Concrete TOO 5G-16 MASTERS Class B Aggregate TOO 5G-16 BEASON Class E Aggregate TOS SG-16 BEASON 0048 4012.80 RECONSTRUCT CURB INLET 3.000 EACH TOS SG-16 MASTERS Reinforcing Steel-Black-Field Sample TOS/COT' SG-16 KAREL 0049 4016.00 MANHOLE 1.000 EACH Portland Cement Blended-IPF,IPN,IPF/5 TOS SG-16 MASTERS Portland Cement Concrete TOS SG-16 MASTERS Reinforcing Steel-Field Sample TOS/COT SG-16 KAREL Reinforcing Steel.(pretested)s TOS/COT 5G-16 KAREL Class 8 Aggregate TOS 50-16 BEASON Class E Aggregate TOO SG-16 BEASON 0050 4016.01 MANHOLE 1.000 EACH Portland Cement Blended-IPF,IPN,IPF/5 TOS SG-16 MASTERS Portland Cement Concrete TOS SG-16 MASTERS Reinforcing Steel-Field Sample TOS/COT 5G-16 KAREL Reinforcing Steel-(pretested)o TOS/COT 5G-16 KAREL Class 8 Aggregate TOS SG-16 BEASON Class EAggregate TOS 5G-16 BEASON 0051 4040.00 REMOVE HEADWALLS FROM CULVERTS 3.000 EACH 0052 4043.50 REMOVE SEWER PIPE 324.000 IF 0053 4107.07 CLASS 478-3000 CONCRETE FOR CONCRETE COLLARS 3.990 CY Portland Cement Blended-IPF,IPN,IPF/5 TOS SG-16 MASTERS Portland Cement Concrete TOS 5G-16 MASTERS White Pigmented Cure Compound-Field Uses APL/TOS SG-16 MASTERS Class8 Aggregate TOS SG-16 BEASON Class E Aggregate TOS 5G-16 BEASON 0054 4157.00 REINFORCING STEEL FOR COLLARS 310.000 LB Reinforcing Steel-Field Sample TOS/COT 5G-16 KAREL Reinforcing Steel(pretested in TOS/COT SG-16 KAREL Non-Shrink Grouts API SG-16 MASTERS 0055 4230.24 BAR GRATE FOR 24"CONCRETE FLARED-END SECTION 1.000 EACH COC 56.25 KAREL 0056 4230.30 BAR GRATE FOR 30"CONCRETE FLARED-END SECTION 1.000 EACH COC SG-25 KAREL 0057 4460.24 24"CONCRETE FLARED-END SECTION 1.000 EACH Concrete Flared End Section-24 in SR 5G-19 KAREL 0058 4460.30 30"CONCRETE FLARED-END SECTION 1.000 EACH Concrete Flared End Section-30 in SR 5G-19 KAREL 0059 4600.12 12"REINFORCED CONCRETE SEWER PIPE 8.000 if Reinf Cons Sewer Pipe l2in-Class III SR 5G-19 KAREL 0060 4600.15 15"REINFORCED CONCRETE SEWER PIPE 525.000 LF Soil Density-Pipe Beckfill a TOS N55702 CHURCHWELL feint Cone Sewer Plpe TSin-Class 111 SR SG-19 KAREL 0061 4600.18 18"REINFORCED CONCRETE SEWER PIPE 71.000 LF Paint Cone Sewer Pipe lain-Class III SR SG-19 KAREL Soil Density-Pipe BackRll 0 705 N55702 CHURCH WELL 0062 4600.24 24"REINFORCED CONCRETE SEWER PIPE 78.000 LF Soil Density-Pipe Beckfill R T05 N55702 CHURCHWELL Reiff Conc Sewer Pipe 24in{lass Ili SR SG-19 KAREL 0063 4500.30 30"REINFORCED CONCRETE SEWER PIPE 120.000 LF Rent Conc Sewer Pipe 30in{lass III SR SG-19 KAREL 0064 4601.18 18"REINFORCED CONCRETE SEWER PIPE CLASS IV 92.000 LF SR SE-19 KAREL 0065 4670.05 CULVERTSANOFILL 13.000 CY Flowable Fill Concrete PMV NS51003 MASTERS Culvert Sandfille TOS 5G-25 BEASON 0066 4790.02 EXTERNAL FRAME SEALS 2.000 EACH COC SP-99 KAREL 0067 4822.1/ JACKING 18"REINFORCED CONCRETE SEWER PIPE,CLASS IV 92.000 LF 0068 490027 CURB INLET SEDIMENT FILTER 240000 LF APL 5P-187 DONDLINGER 0069 1093.03 AGGREGATE BEDDING 723.000 TON TOS SP-96 SEASON 0070 W750.15 RELOCATE SPRINKLER HEAD 25.000 EACH 0071 W750.76 REMOVE AND RELOCATE SPRINKLER SYSTEM 2.000 EACH 0072 W750.27 REMOVE AND RELOCATE SPRINKLER SYSTEM 500.000 LF 0073 W800.21 REMOVE WATER MAIN PIPE 100.000 LF GROUP 8B ELECTRICAL 0074 000.00 MOBILIZATION 1.000 LS 0075 4035.91 REINSTALL A. EACH 0076 7309.90 REMOVE AND REINSTALL 1.000 EACH 0077 7314.11 LED BUNK OUT SIGN 2.000 EACH COC SP-156 KAREL 0078 7320.07 OVERHEAD SIGN 14.000 EACH COC SP-22 KAREL 0079 7320.50 STREET NAME SIGN OR" 3.000 EACH COC SP-161 KAREL 0080 A001.16 PULL BOX,TYPE P8.6 3.000 EACH PMV SG•21 KAREL Portland Cement Concrete TOS SG-16 MASTERS 0081 A003.10 TRAFFIC SIGNAL,TYPE TS-1 6000 EACH PMV SP-156 KAREL 0082 A004.00 TRAFFIC SIGNAL,TYPE TS-1 6.000 EACH PMV SG-21 KAREL 0083 A00420 TRAFFIC SIGNAL,TYPE T5-1L 6.000 EACH PMV 5G-21 KAREL 0084 A00423 TRAFFIC SIGNAL,TYPETS-1L 3.000 EACH PMV SG-21 KAREL 0085 A004.28 TRAFFIC SIGNAL,TYPE TS-1RR 3.000 EACH PMV 5G-21 KAREL 0086 A004.29 TRAFFIC SIGNAL,TYPETS-1RR 3.000 EACH PMV 5G-21 KAREL 0087 A00520 TRAFFIC SIGNAL CONTROLLER.TYPETC-2070 1.000 EACH PMV SP-156 KAREL 0088 A005.82 WIRELESS INTERCONNECT RADIO SYSTEM 1.000 LS COC SP-159 KAREL 0089 A006.14 PEDESTRIAN SIGNAL,TYPE PS-1 12.000 EACH PMV SG-21 KAREL 0090 A006.50 RADAR VEHICLE DETECTION SYSTEM 1.000 LS COC SP-156 KAREL 0091 A006.70 PEDESTRIAN PUSHBUTTON,TYPE PPB 12.000 EACH PMV 5G-21 KAREL Page 2 of 3 EXHIBIT'A" State of Nebraska Department of Roads Required Document LIRE - Legend Contract ID 2429 TOS Test or sample Control Number 22429 000 CC Contractor's 0.rtHfcetion Project Number HSIP-50231161 MC Manufacturer Certification Location 84THtL'ST,OMAHA COC Certlfitetion of Compliance Type of Work GRAD CONC PAVE CULV ELEC COT Certification of Test Letting Date June 27th,2013 APL Approved Products List PMV Project Menager's Verification DISCWMER:This document may not include all material requirements for this project. SP Special Provisions Please refer*to the Materials Sampling Guide fore comprehensive list of the N55 Nebrsske Standard Specification material requirements.This document will not reflect any changes made to the SR Shipping Report project after the project letting. lJa 1rR 9wp: Mal �'CedI 'OmbNerl Onrd6P Uu Aa�iliRoa6lEellie6 #oflure. m WMCItRaR 0092 A006.76 PEDESTAL POLE,TYPE PP-4 3.000 EACH COC SG-21 KAREL Portland Cement Concrete T05 SG-16 MASTERS Gass B Aggregete T05 SG-16 BEASON Class EAggregate TOS SG-16 BEASON 0093 A010.09 LUMINAIRE,TYPEHPS-200W 7.000 EACH PMV SP-162 KAREL 0094 A014.48 WOOD POLE 3.000 EACH COC SG-22 KAREL 0095 A014.50 WOOD POLE 1.000 EACH SG-SECTION 57, NOTE 25 KAREL 0096 A030.03 SERVICE DISCONNECT 1.000 EACH PMV SP-137 KAREL 0097 A030.04 SERVICE DISCONNECT PEDESTAL 1.000 EACH SP-160 Portland Cement Concrete TOS 5G-16 MASTERS Class B Aggregate TOS SG-15 BEASON Class Aggregate TOS SG-16 BEASON 0098 A070.14 2-INCH CONDUIT IN TRENCH 356.000 LF Buy America Cori-Producer/Supplier MC N55106 KAREL Electrical Conduit a PMV/TOS SG-21 KAREL 0099 A070.11 3-INCH CONDUIT IN TRENCH 42.001 LF Buy America Cart-Producer/Supplier MC NSS106 KAREL Electrical Conduit a PMV/TOS SG-21 KAREL 0100 4074.14 2-INCH CONDUIT,JACKED 459.000 LF Buy America Cut-Producer/Supplier MC NSS106 KAREL Electrical Conduit is PMV/TOS SG-21 KAREL 0101 A074.10 3-INCH CONDUIT,JACKED 837.000 IF Buy America Can-Producer/Supplier MC NSS106 KAREL Electrical Conduit a PMV/TOS SG-21 KAREL 0102 A077.26 16/C 414AWG TRAFFIC SIGNAL CABLE 1233.000 IF TOS SG-21 KAREL 0103 A078.12 2/C 416AWG PEDESTRIAN PUSHBUTTON LEAD-IN CABLE 2604.000 LF TOS SG-21 KAREL 0104 A079.43 AB GROUNDING CONDUCTOR 1014.000 LF TOS SG-21 KAREL 0105 A079.55 SERVICE CABLE 200.000 LF TOS SG-21 KAREL 0106 A079.63 SUPPORT CABLE 447.000 LF TOS SG-21 KAREL 0107 A079.64 TETHER CABLE 427.000 LF TOS SG-21 KAREL 0108 A071.67 SERVICE ENTRANCE CABLE 600.000 IF TOS SG-21 KAREL 0109 A080.78 STREET LIGHTING CABLE,NO-6 3/C 1014.000 LF T05 5G-21 KAREL 0110 AO0L00 6 PAIR COMMUNICATION CABLE 703.000 LF TOS SG-21 KAREL 0111 A306.81 INSTALL MAST ARM SIGNAL POLE 3.000 EACH 0112 A310.92 INSTALL 1.000 lS 0113 A610.00 REMOVE TRAFFIC SIGNAL 1.000 EACH 0114 A610.01 REMOVE TRAFFIC SIGNAL 1.000 EACH 0115 A705.06 RE-ENTERABLE ENCAPSULATED SPLICE 1.000 EACH COC SP-158 KAREL GROUP lO GENERAL ITEMS 0116 0001.08 BARRICADE,TYPE II 16154.000 BRAY Reflective Sheeting a TOS SG-23 DONDLINGER Barricade Warning Lights Type C a API 5G-23 KAREL 0117 0001.10 BARRICADE,TYPE III 684.000 BDAY Barricatle Warning Lights Type A a API 5G-23 KAREL Reflective Sheeting a TOS SG-23 DONDLINGER 0118 0001.75 TEMPORARY SIGN DAY 40.000 EACH 0119 0001.90 SIGN DAY 1734.000 EACH 0120 0001.39 CONTRACTOR FURNISHED SIGN DAY 6711.000 EACH 0121 0002.30 PAVEMENT MARKING REMOVAL 9003.000 LF 0122 0012.44 TEMPORARY PAVEMENT MARKING,TYPE PAINT 7000.030 LF GLASS BEADS 0123 0032.57 FLASHING ARROW PANEL 348.000 DAY 0124 0003.10 FLAGGING 10.000 DAY 0125 0010.04 FELD OFFICE 1.000 EACH 0126 0030.10 MOBILIZATION 1.000 IS 0127 1137.53 REMOVE AND RESET 117.000 SY 0128 1910.26 CONSTRUCTION ENTRANCE 1.000 LS 0129 7109.97 SECURITY FENCE 1.000 LS 0130 7316.00 SIGN 4A00 EACH 0131 9110.01 RENTAL OF LOADER,FULLY OPERATED 30.000 HOUR 0132 9110.03 RENTAL OF DUMP TRUCK,FULLY OPERATED 30.000 HOUR 0133 9110.07 RENTAL OF SKID LOADER,FULLY OPERATED 30.000 HOUR 0134 9110.27 RENTAL OF CRAWLER MOUNTED HYDRAULIC EXCAVATOR, 30.000 HOUR 0135 L022.75 TEMPORARY SILT CHECK 500.000 LF 0136 L021.90 TEMPORARY SILT FENCE 500.000 LF API N55809 DONDLINGER BUY AMERICA CERTIFICATION(PRIME CONTRACTORI CC SP-59 KAREL WELDED WIRE FABRIC TOS/COT SG-16 KAREL PREFORMED EXPANSION JOINT FILLER APL SG-20 MASTERS JOINT SEALANTOHOT POURED) APL/TOS SG-20 BYRE Page 3 of 3 EXHIBIT"A" C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City Council approved an Agreement with the State of Nebraska Department of Roads (NDOR) by Council Resolution No. 349 on March 29, 2011 for Federal funding for the project identified as OPW 51642, being safety improvements to the intersection of 84th Street and L Street in the City of Omaha; and, WHEREAS, in the above agreement the City of Omaha has pledged sufficient funds to finance its share of the cost of this project identified as Federal Aid Project HSIP-5023 (16), State Control No. 22429, and that the City of Omaha would pay costs as set forth in the agreement; and, WHEREAS, NDOR agrees to the City providing professional project management and construction engineering services for this street improvement project in-house, according to the attached Construction Engineering Services Agreement, which by this reference is made part hereof, at the sole cost of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Construction Engineering Services Agreement between the City of Omaha and Nebraska Department of Roads (NDOR) for project management and construction engineering for safety improvements to the intersection of 84th Street and L Street in the City of Omaha, known as Project HSIP-5023(16), State Control No. 22429, and OPW 51642, at the sole cost of the City, is hereby approved. BE IT FURTER RESOLVED: THAT, the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha. 1733htp APPROVED AS TO FORM: CITY ATTORNEY DATE By d4.6/ 14464.4 ' Councilmember Adopted JUN 5 2013 /7-& ity lerk Approve Mayor 7W NO. Resolution by Res. that, as recommended by the Mayor, the Construction Engineering Services Agreement between the City of Omaha and Nebraska Department of Roads (NDOR) for project management and construction engineering for safety improvements to the intersection of 84th Street and L Street in the City of Omaha, known as Project HSIP- 5023(16), State Control No. 22429, and OPW 51642, 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. 1733Ahtp J , Presented to City Council JUN 2 5 2013 Adopted 7- guiter grown City Clerk