RES 2012-0520 - Agmt with NDOR for OPW 51825, 32nd Ave streetscape and bike route E
a"A NF6
,�. ���► � Public Works Department
I.
" 4 Omaha/Douglas Civic Center
fl '�!� Aril 17 2012 1819 Faznam Street,Suite 60112APIR _6 Pl1.l5i' 00} �>•� Omaha,\ebraska 68183-06U1 4~ (402)444-5220n ro C 1� C L ��� Fax(402)444-5248
City of Omaha 0 M i HA, N E B R A.S K A Robert G.Stubbe,P.E.
Jim Suttle,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Program Agreement between the City of
Omaha and the Nebraska Department of Roads (NDOR) for the 32nd Avenue Streetscape and
Bike Route Project. This project is identified as Federal Aid Project ENH-28(99), State Control
No. 22414 and OPW 51825. This project provides for bicycle lanes, intersection and safety
enhancements along the 32nd Avenue corridor along Hanscom Park and the Field Club Historic
District. Portions of this project are being undertaken in conjunction with 2012-2017 Capital
Improvement Program - Transportation Project 503.
Federal funding is pledged to cover 80% of the eligible project costs. The City is then
responsible for its 20% share, any costs determined ineligible for Federal assistance, and
associated administrative fees imposed by NDOR. According to the revised project budget (also
attached), the eligible project costs are estimated at $306,984.80, with a local share of
$76,746.20, which will be paid from the 2010 Transportation Bond Fund 13183, 2012 Issue
Transportation Bond Organization 117117. This project also has a non-participating resurfacing
component, currently estimated to be $313,534.00, which will be funded as a 100% local share
to be paid from the City Street Maintenance Fund 12129, Major Street Resurfacing Organization
116159 and is anticipated to be a part of the year 2013 resurfacing program.
The Public Works Department requests your consideration and approval of the attached
Resolution and Engineering Services Agreement.
Respectfully submitted, This action has been reviewed and found to
be in conformance with the Master Plan.
-
C
.50-J i' il 2ai2
Ro ert G. Stubbe, .E. Date ' .E. Cunnir'' ' A" . .'AME Date
Public Works Director Plannin: Director
Approved as to Funding: Referred to City Council for Consideration:
62- 7o./-- . /Pam Spaccarotell a Date Mayor's Offi e Date
Finance Director VW
1 426htp
ibility status of new employees physically performing services within Douglas County. A federal immigration
verification system means the electronic verification of the work authorization program authorized by the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
1
LPA PROGRAM AGREEMENT- STP FUNDS
CITY OF OMAHA, NEBRASKA
STATE OF NEBRASKA, DEPARTMENT OF ROADS
PROJECT NO. ENH-28(99)
STATE CONTROL NO. 22414
32ND AVE STREETSCAPE & BIKE ROUTE, OMAHA
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, certain bicycle/pedestrian trails in the LPA 's jurisdiction have been
designated as being eligible for the Enhancement Program portion of the Surface
Transportation Program (STP) Funds by the Department of Transportation, Federal Highway
Administration, hereinafter called the FHWA, in compliance with Federal laws pertaining thereto,
and.
WHEREAS, STP Enhancement Funds have been made available by Title 23 of the
United States Code, providing for improvements on eligible trails, and
WHEREAS, the Federal share payable on any portion of a STP project will be a maximum
of 80 percent of the eligible and participating costs, and
WHEREAS, regulations for implementing the provisions of the above mentioned act
provide that the Federal share of the cost of those projects will be paid only to the State, and
WHEREAS, the regulations further permit the use of funds other than State funds in
matching Federal Funds for the improvements of those trails, and
WHEREAS, the State is willing to assist LPA to the end of obtaining Federal approval of
the proposed work and Federal Funds for the construction of the proposed improvement, with
the understanding that this project is not a State project and that no State Funds are to be
expended on this project, and
WHEREAS, the LPA has designated an available fully-qualified public employee
or elected official to act as "Responsible Charge" (RC) for the subject Federal-aid
Transportation project, and
WHEREAS, the RC has successfully completed training required by the State to
serve as an RC for the Federal-aid Transportation project, and
WHEREAS, the RC will be in day-to-day responsible charge of all aspects of the
project, from planning through post-construction activities and maintain the project's
eligibility for Federal-aid Transportation project funding, and
BM1207
- . /Pam Spaccarotell a Date Mayor's Offi e Date
Finance Director VW
1 426htp
ibility status of new employees physically performing services within Douglas County. A federal immigration
verification system means the electronic verification of the work authorization program authorized by the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
. A ;M
WHEREAS, the LPA understands that it must comply with all terms of 23 C.F.R.
635.105 in order for this Federal-aid transportation project to be eligible for Federal
funding, and
WHEREAS, the LPA will support the RC and is ultimately responsible to ensure
that, at a minimum:
1. The project receives independent and careful development, supervision and
inspection,
2. The project is constructed in compliance with the plans and specifications,
3. All aspects of the project from planning through construction activities, including
all environmental commitments remain eligible for Federal funding, and
4. Decisions made and actions taken for the project have adequate supporting
documentation filed in an organized fashion, and
WHEREAS, if the LPA is to receive Federal participation for any portion of the work on the
proposed project, it is necessary for all phases of work to comply with Federal requirements and
procedures, and
WHEREAS, the State and the LPA agree the State, on behalf of LPA, will advertise,
conduct a letting and receive bids for the project and will pay all eligible costs directly to the
Consultant and Contractors, and
WHEREAS, the State's role is only federal funding eligibility, including providing quality
assurance and project assistance to ensure that the project is designed, constructed and
managed according to federal rules and regulations. The State will coordinate with the LPA on
federal funding issues, and
WHEREAS, Trans*Port Site Manager will be used as the construction
record-keeping system for construction and construction engineering services for
this project, and
WHEREAS, Federal Regulations provide that the LPA shall not profit or otherwise gain
from local property assessments that exceed the LPA's share of project costs, and
WHEREAS, the funding for the project under this agreement includes pass-through
monies from the Federal Highway Administration (FHWA). If a non-federal entity expends
$500,000 or more in total federal awards in a fiscal year, then OMB Circular A-133 audit
requirements must be addressed as explained further in this agreement, and
Project No. ENH-28(99) - 2 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
ivities and maintain the project's
eligibility for Federal-aid Transportation project funding, and
BM1207
- . /Pam Spaccarotell a Date Mayor's Offi e Date
Finance Director VW
1 426htp
ibility status of new employees physically performing services within Douglas County. A federal immigration
verification system means the electronic verification of the work authorization program authorized by the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
WHEREAS, the total cost of the project, including preliminary engineering, is currently
estimated to be $1,023,081, but such costs may increase or decrease due to variations between
the estimated and actual project costs, and
WHEREAS, the LPA has earmarked and will place in its fiscal budget sufficient funds to
pay all project costs not paid for by Federal funds; such costs are currently estimated to be
$716,096 and includes the LPA's share payable of 20 percent of eligible and participating costs
and an estimated $639,350 non-participating construction costs. Such costs may increase or
decrease due to variations between the estimated and actual project costs, and
WHEREAS, the project is described as follows:
The project will create dedicated bicycle lanes on 32nd Avenue, one in each direction.
The existing 32nd Avenue is 50-feet wide and allows parking on both sides of the street. The
project would minimize the driving lanes on 32nd Avenue and dedicate one lane in each direction
to bicycle use only. In addition to the construction of a 4,150-foot paved trail the project would
also plant trees at intersection nodes along the project length. Nodes would be constructed at
several intersections along 32nd Avenue to delineate on-street parking and bicycle paths and
provide safer pedestrian street crossings by shortening the width of the street to cross. ADA
compliant ramps would be installed on the sidewalks at all nodes in the project area, and
WHEREAS, the City of Omaha and the State of Nebraska Department of Roads have
previously entered into Program Agreement BL0930 for Project No. ENH-28(99) executed by
the LPA on June 18, 2009 and executed by the State on July 14, 2009 and
WHEREAS, it now becomes necessary that the original program agreement shall become
null and void and this agreement shall supersede all sections within the original agreement and
shall become effective upon execution by both parties and
WHEREAS, the LPA desires that this project as shown on attached EXHIBIT "A" be
p
constructed under the designation of Project No. ENH-28(99), as evidenced by the Resolution
of the LPA dated the J Tom-- day of j i�I L. , 201A attached as
EXHIBIT "B" and made a part of this agreement.
NOW THEREFORE, in consideration of these facts, the LPA and State agree as follows:
SECTION 1. PURPOSE OF AGREEMENT
The previous Program Agreement of the parties, identified as BL0930 executed by the •
LPA on June 18, 2009 and executed by the State on July 14, 2009 is hereby superseded in its
entirety and replaced by this agreement.
Project No. ENH-28(99) - 3 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
m and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
1
The LPA wishes to implement, plan, design, construct, operate, and maintain a Federal-
aid transportation project on a street, highway, road or other transportation related facility under
LPA's jurisdiction. The LPA and the State understand that the Federal Highway Administration
(FHWA) will not provide funding directly to LPA for this project; instead, FHWA provides funding
for the project through the State. The State, pursuant to Neb.Rev.Stat. §39-1305, will act under
this agreement as a steward of federal funds and as a liaison between LPA and FHWA. The
purpose of this agreement is to set forth the understanding of the LPA and the State concerning
their respective duties to enable the project to be eligible for federal-aid funding. Under this
agreement, the LPA shall continue to have all duties concerning any aspects of project
management, planning, design, construction, operation and maintenance. Nothing in this
agreement shall be construed to create any duty of the State to LPA concerning such matters.
LPA further agrees that LPA shall have no claim or right of action against the State under this
agreement if FHWA determines that the project is not eligible in whole or in part, for federal-aid
funding. The following sections of this agreement include the program requirements and other
conditions State believes in good faith that LPA must meet for this project to be eligible for
federal funding.
SECTION 2. DEFINITIONS
For purposes of this agreement, the following definitions will apply:
"AASHTO" means American Association of State Highway and Transportation
Officials.
"ADA" means the Americans with Disabilities Act.
"ASTM" means the American Society for Testing and Materials.
"CFDA" means Catalog of Federal Domestic Assistance.
"CFR" means the Code of Federal Regulations.
"DOT" means the United States Department of Transportation, Washington, D.C.
20590, acting through its authorized representatives.
"FHWA" means the Federal Highway Administration, United States Department
of Transportation, Washington, D.C. 20590, acting through its authorized
representatives.
"FULL-TIME PUBLIC EMPLOYEE" means a public employee who meets all the
requirements and is afforded all the benefits of full-time employees as that phrase is
applied to other employees of the employing entity. A person is not a full-time employee
if that person provides outside private consulting services, or is employed by any private
Project No. ENH-28(99) -4 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
is agreement.
Project No. ENH-28(99) - 3 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
m and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
entity, unless that person can prove to the State in advance, that employee's non-public
employment is in a field unrelated to any aspect of the project for which Federal-aid is
sought.
"FULLY QUALIFIED" means a person who has satisfactorily completed all
applicable State training courses and who has met the other requirements necessary to
be included on the State list of qualified LPA "Responsible Charge" (RC's).
"LPA" means Local Public Agency sponsoring a federally funded transportation
project and determined to be qualified to assume the administrative responsibilities for
such projects by the State.
"LPD" means the Local Projects Division at Nebraska Department of Roads, in
Lincoln, Nebraska.
"NEB. REV. STAT" means the Nebraska Revised Statutes as set forth in
Nebraska law.
"OMB" means the Federal Office of Management and Budget.
"PUBLIC EMPLOYEE" for the purpose of selecting an RC for this project means
a person who is employed solely by a county, a municipality, a political subdivision, a
Native American tribe, a school district, another entity that is either designated by statute
as public or quasi-public, or entity included on a list of entities determined by the State
and approved by the Federal Highway Administration (FHWA), as fulfilling public or
quasi-public functions.
"RESPONSIBLE CHARGE" or"RC" means the public employee or elected
official who is fully empowered by the LPA and has actual day-to-day working knowledge
and responsibility for all decisions related to all aspects of the Federal-aid project from
planning and development through construction project activities, including all
environmental commitments before, during and after construction. The RC is the day-to-
day project manager, and the LPA's point-of-contact for the project. Responsible charge
does not mean merely delegating the various tasks; it means active day-to-day
involvement in identifying options, working directly with stakeholders, making decisions,
and actively monitoring project construction. It is understood that RC may delegate or
contract certain technical tasks associated with the project so long as RC actively
manages and represents the LPA's interests in the delegated technical tasks.
"STATE" means the Nebraska Department of Roads in Lincoln, Nebraska, its
Director, or authorized representative. The State is a funding liaison between LPA and
•
Project No. ENH-28(99) - 5 -
Control No. 22414
32nd Ave Streetscape and Bike Route,'Omaha
No. 22414
32nd Ave Streetscape and Bike Route, Omaha
is agreement.
Project No. ENH-28(99) - 3 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
m and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
the United States Department of Transportation in LPA federally funded transportation
projects.
"STATE CERTIFIED CONSULTANT" means a consultant that has met the
certification requirements of the Nebraska Department of Roads to provide professional
services in certain work categories for federal and state funded work in Nebraska.
"STATE REPRESENTATIVE" means an individual from the Nebraska
Department of Roads District Office assigned to the project, who will perform State's
federal funding eligibility duties under this agreement.
SECTION 3. TERM OF THE AGREEMENT
The eligible and participating costs of this project will be funded with an 80%
Federal share payable and a 20% LPA share payable. Non-participating road
resurfacing work will be let by the State as part of the construction contract. Funding for
the resurfacing work will be 100% local funds and is estimated to be $639,350.
This agreement will begin upon proper execution and continue in effect until the
LPA's Federal-aid project is finished and final financial settlement has been completed,
except that any terms of this agreement that contemplate long term activities of the LPA
such as environmental, maintenance, and operational commitments, will remain in effect
as long as required by law or agreement. If the LPA determines that for any reason it
will not continue with the development of this project as a Federal-aid project, the LPA
shall notify the State and negotiate any necessary project termination conditions, and the
LPA shall pay or repay the State for all costs incurred by the State prior to the LPA
notifying the State that it is discontinuing work on the project.
SECTION 4. RESPONSIBLE CHARGE (RC) REQUIREMENTS
The LPA must immediately and formally appoint an RC for this project according to or
consistent with the following requirements:
A. The LPA hereby designates Chris Faulk as the RC for this project.
B. Duties and Assurances of the LPA concerning its designated RC for this project.
1. The LPA has authorized and fully empowered the RC to be in day-to-day
responsible charge of the subject Federal-aid project; this does not mean merely
supervising, overseeing or delegating various tasks, it means active day-to-day
involvement in the project including identifying issues, investigating options, working
directly with stakeholders, and decision making.
Project No. ENH-28(99) - 6 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
Bike Route,'Omaha
No. 22414
32nd Ave Streetscape and Bike Route, Omaha
is agreement.
Project No. ENH-28(99) - 3 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
m and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
•
2. The RC is a full-time employee or elected official of the LPA or of another entity as
defined in "Public Employee" above.
3. The RC is fully qualified and has successfully completed required training to serve
as an RC.
4. The LPA shall allow the RC to spend all time reasonably necessary to properly
discharge all duties associated with the project, including ensuring that all aspects
of the project, from planning through post-construction activities, remain eligible for
Federal-aid highway project funding.
5. The LPA shall not assign other duties to the RC that would affect his or her ability to
properly carry out the duties set out in this agreement.
6. The LPA shall provide necessary office space, materials and administrative support
for the RC.
7. The LPA shall fully cooperate with, support and not unreasonably interfere with day-
to-day control of the RC concerning the acts necessary for making the project
eligible for Federal funding.
8. The LPA shall take all necessary actions and make its best good faith efforts to
comply and assist the RC in complying with all Federal and State requirements and
policies applicable to Federal-aid transportation projects, including, but not limited
to, all applicable requirements of 23 CFR 635.105.
9. The LPA agrees to take all necessary actions and make its best good faith efforts to
ensure that the RC's work on the project would be deemed to meet the same
standards that the State must meet under 23 CFR 635.105.
10. The LPA shall comply with the conflict-of-interest requirements of 23 CFR 1.33 and
49 CFR 18.36(b)(3) as described elsewhere in this agreement.
11. If, for whatever reason, the designated RC is no longer assigned to the project
during the design phase, the LPA shall, within one day or sooner if possible, notify
verbally and in writing the State's LPD Quality Management Engineer and the LPD
Project Coordinator; after such notification the LPA shall replace the RC no later
than thirty calendar days or sooner if possible. If the designated RC must be
replaced during the letting or construction phases, the LPA shall, within one day or
sooner if possible, notify verbally and in writing the State's LPD Quality
Management Engineer, the LPD Project Coordinator, and the State District
Representative; after such notification, the LPA shall replace the RC no later than
Project No. ENH-28(99) - 7 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
e, Omaha
Bike Route,'Omaha
No. 22414
32nd Ave Streetscape and Bike Route, Omaha
is agreement.
Project No. ENH-28(99) - 3 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
m and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
ten calendar days or sooner if possible. The State will require the LPA to sign a
supplemental agreement designating the replacement RC.
12. The LPA agrees that it is ultimately responsible for complying with all Federal and
State requirements and policies applicable to Federal-aid highway projects. This
includes meeting all post-construction environmental commitments. The LPA
understands that failure to meet any eligibility requirements for Federal funding may
result in the loss of all Federal funding for the project. In the event that the acts or
omissions of RC, the LPA or its agents or representatives result in a finding that a
project is ineligible for Federal funding, the LPA will repay the State all previously
paid Federal funds, as determined by the State, and any costs or expenses the
State has incurred for the project, including but not limited to, any costs reimbursed
for the time and expenses of the RC.
C. The LPA understands that the following are the duties of the RC:
1. Serve as the LPA's contact for issues or inquiries for Federal-aid projects assigned
by the LPA.
2. Ensure that all applicable Federal, State and local laws, regulations, policies and
guidelines are followed during the development and construction of the project.
3. Know and follow the State's LPA Guidelines.Manual for Federal-Aid Projects.
4. Ensure that funds have been authorized by FHWA, in writing, prior to doing work in
any phase that the LPA expects to be reimbursed with Federal funds.
5. Have active day-to-day involvement in identifying issues, investigating options,
working directly with stakeholders, and decision making.
6. Ensure that the project plans and specifications are sealed, signed and dated by a
professional licensed engineer in the State of Nebraska, and that estimates have
been prepared and the construction has been observed by a professional engineer
licensed in the State of Nebraska or a person under direct supervision of a
professional engineer licensed in the State of Nebraska (reference Neb. Rev. Stat.
§81-3445).
7. Competently manage and coordinate the project day-to-day operations, including all
project related decisions, on behalf of the LPA, which includes the LPA's governing
body, staff and any extended staff dedicated to the project such as consulting
engineers.
•
Project No. ENH-28(99) - 8 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
No. 22414
32nd Ave Streetscape and Bike Route, Omaha
is agreement.
Project No. ENH-28(99) - 3 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
m and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
8. Ensure that project documents are thoroughly checked, reviewed and have had
quality control measures applied, prior to submitting to the State and/or FHWA.
9. Monitor the progress and schedule of the project and be responsible for ensuring
that the project is completed on time in accordance with established milestone
dates.
10. Notify and invite the State to all coordination meetings, environmental scoping
meetings, Plan-In-Hand review, public meetings and hearings.
11. Keep the State informed of all project issues.
12. Arrange preconstruction conference.
13. Keep the State's District Construction Representative informed of project start, and
ending dates and other scheduled construction milestones.
14. Be trained in the use of Trans*Port Site Manager if the LPA is providing the
construction engineering services.
15. Prepare contractor change orders.
16. Notify the State when consultant services agreements need to be supplemented.
17. Properly serve as the LPA's representative, and to visit the project site during
construction frequency commensurate with the magnitude and complexity of the
project.
18. Ensure that proper construction management processes have been developed and
implemented for the project.
19. Serve as a steward of the public funds, i.e. ensure that the public gets what it is
paying for.
20. Attend all required training including the annual LPA RC workshop.
21. Fulfill continuing education requirements as specified in the State's LPA Guidelines
• Manual for Federal-aid projects.
22. Review and approve Professional Services invoices in accordance with the LPA
Reimbursement Procedures located at http://www.doristate.ne.us/qov-aff/Ipa-quide-
man.html#forms4.
SECTION 5. FEDERAL AID
The LPA understands and agrees that the LPA, its RC, agents, and Contractor have the
sole duty of proper prosecution of the project, in accordance with the approved plans, and that
failure to properly prosecute and construct the project in accordance with the approved plans
may result in the loss of federal funding.
Project No. ENH-28(99) - 9 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
roject related decisions, on behalf of the LPA, which includes the LPA's governing
body, staff and any extended staff dedicated to the project such as consulting
engineers.
•
Project No. ENH-28(99) - 8 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
No. 22414
32nd Ave Streetscape and Bike Route, Omaha
is agreement.
Project No. ENH-28(99) - 3 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
m and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
Because the LPA is to receive Federal Funds for any part of this project, the LPA shall
perform the services for all phases of work, including, but not limited to preliminary engineering,
environmental studies, acquisition of Right-of-Way, construction, construction engineering, etc.,
according to Federal procedures and requirements. Although Federal Funds may be allocated
to the project, all phases or certain phases of work may become ineligible for Federal Funds if
Federal procedures and requirements are not met.
• Prior to beginning any phase of work on the proposed project, the LPA shall coordinate
with the State's Local Projects Division Section Engineer for direction and assistance
concerning funding requirements to ensure that all upcoming project work will be accomplished
according to Federal procedures and requirements. It is the responsibility of the LPA/RC to
verify with documented evidence that federal funding authorization was obtained prior to
beginning any new phase of project work.
SECTION 6. FEDERAL APPROVAL
The State, on behalf of the LPA agrees to present the project to the FHWA for its
approval, if necessary. This project has been designated as a full oversight project.
Federal approval for proceeding with the project must be obtained by the LPA at the
beginning of each of the following phases of the project:
1. Preliminary Engineering and NEPA
2. Right of Way
3. Utilities
4. Construction Engineering
5. Construction
Before each new work phase begins, the LPA must confirm that FHWA(1) has approved
the obligation of funds (2) authorized the work in that phase to begin, and (3) given approval for
a notice to proceed to be issued. Before providing services covered in any original and/or
supplemental services agreement, the LPA must confirm that FHWA (1) has approved the •
obligation of funds (2) authorized the work in that phase to begin, and (3) given approval for a
notice to proceed to be issued.
Project No. ENH-28(99) - 10 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
ederal funding.
Project No. ENH-28(99) - 9 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
roject related decisions, on behalf of the LPA, which includes the LPA's governing
body, staff and any extended staff dedicated to the project such as consulting
engineers.
•
Project No. ENH-28(99) - 8 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
No. 22414
32nd Ave Streetscape and Bike Route, Omaha
is agreement.
Project No. ENH-28(99) - 3 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
m and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
SECTION 7. LPA GUIDELINES
The LPA agrees to conform to the requirements of the LPA Guidelines Manual throughout
all phases of this project. In the event the LPA believes that the LPA Guidelines Manual doesn't
address clearly a particular aspect of the project work, the LPA shall seek guidance or
clarification from the State's Local Project Division Section Engineer or Project Coordinator.
SECTION 8. OMB CIRCULAR A-133 AUDIT
The funding for the project under this agreement includes pass-through federal monies
from the FHWA. According to the Single Audit Act Amendments of 1996 and the implementing
regulations contained in OBM Circular A-133, the A-133 Audit is required if the non-federal
entity expends $500,000 or more in total federal awards in a fiscal year. Non-federal entity
means state and local governments and non-profit organizations.
The LPA shall have its finance officer or auditor; review the situation to determine what
the LPA must do to comply with this federal mandate. If an A-133 audit is necessary, the
expenditures related to the federal funds expended under this project should be shown in the
report's Schedule of Expenditures of the Federal Awards (SEFA).
The Federal award information needed for the SEFA includes:
Federal Grantor: U.S Department of Transportation — Federal Highway Administration
Pass-Through Grantor: Nebraska Department of Roads
Program Title: Highway Planning and Construction (Federal-Aid Highway Program)
CFDA Number; 20.205
Project Number: ENH-28(99)
If an A-133 Audit is performed, the LPA shall provide a copy of the audit report to the Nebraska
Department of Roads, Highway Audits Manager, P.O. Box 94759, Lincoln, NE 68509-4759.
SECTION 9. TOTAL PROJECT COSTS, REIMBURSEMENT AND INVOICING
The LPA is responsible for submitting for payment only those costs that are eligible for
Federal-aid. The State, on behalf of FHWA, will review the costs submitted and determine what
costs are eligible for payment. Upon request from the State, the LPA will produce all cost
records detailing the basis for all costs incurred on the project. The total cost of the project
which includes: preliminary engineering, final design, right-of-way, nonbetterment utility
rehabilitation, construction, construction engineering, and LPA and State eligible expenses (as
outlined below) is currently estimated to be $1,023,081. The LPA's share of all actual eligible
costs is estimated to be $716,096. The State agrees to use the LPA's Federal Funds for the
Project No. ENH-28(99) - 11 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
Project No. ENH-28(99) - 3 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
m and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
actual eligible costs of the improvement which is estimated to be $306,985. Both the LPA and
State recognize this is a preliminary estimate and the final cost may be higher or lower.
LPA Incurred Oversight Costs:
Project initiation and oversight costs incurred by the LPA with respect to the entire project
will be part of the cost of the project to be paid out of LPA Federal Funds. Before the LPA can
incur reimbursable costs,the LPA must receive pre-authorization in accordance with the LPA
Reimbursement Procedures located at http://www.dor.state.ne.us/gov-aff/Ipa-quide-
man.html#forms4. Pre-authorized costs for project initiation, project oversight, and incurred
expenses such as railroad, utilities, and right-of-way, must be invoiced to the State in
accordance with the LPA Reimbursement Procedures and this agreement. The LPA may
request reimbursement of their eligible actual costs by submitting an invoice to the State, no
more than monthly. The State will reimburse the LPA for the Federal share of the eligible actual
costs.
LPA Incurred Professional Services:
Professional services provided by the LPA, such as preliminary engineering and
construction engineering, require execution of a Professional Services Agreement to identify the
services to be provided by the LPA, associated costs, and method of reimbursement. Any
Professional Services performed prior to Federal authorization and receipt of a Notice to
Proceed will not be eligible for Federal-aid.
Professional Consultant Services:
Upon execution of any professional consultant services agreement for this project, the
State may invoice the LPA their share of the total agreement amount. The RC will review and
approve any professional services invoices in accordance with the LPA Reimbursement
Procedures. Upon review and approval by the State of RC approved professional services
invoices, the State will pay the consultant(s) directly.
Construction, Contingencies and Construction Engineering:
Upon award of the construction contract, the State will invoice the LPA their share of the
construction contract plus contingencies and construction engineering, and any unbilled
preliminary engineering expenses. The LPA shall pay the State within 30 calendar days of
receipt of invoice from the State. The RC will review and approve any Construction Engineering
invoices in accordance with the LPA Reimbursement Procedures. Upon review and approval by
the State of RC approved professional services invoices, the State will pay the consultant(s)
directly.
Project No. ENH-28(99) - 12 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
32nd Ave Streetscape and Bike Route, Omaha
m and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
The criteria contained in Part 31 of the Federal Acquisition Regulations System
(48 CFR 31) will be applied to determine the allowability of costs incurred by the LPA under this
agreement; to include any Professional Services agreements.
State Incurred Costs
Any project coordination and quality assurance review costs incurred by the State with
respect to the entire project will be part of the cost of the project to be paid out of LPA Federal
Funds. The State at its discretion may invoice the LPA their share of these costs and the LPA
shall make payment within 30 calendar days of receipt of invoice.
Final reimbursement requests must be made within 60 days after the LPA has filed a
completed State DR Form 299 with the State. Any invoices submitted after the 60 calendar
days will be ineligible for reimbursement.
The final settlement between the State and the LPA will be made after final funding review
and approval by the State and after an audit, if deemed necessary, has been performed to
determine eligible actual costs. Refer to the AUDITS AND FINAL SETTLEMENT section of this
agreement for additional information.
SECTION 10. LPA FINANCIAL RESPONSIBILITY
The LPA's share of the total project cost will be all costs not paid for by Federal Funds.
The LPA understands that payment for the costs of this project, whether they be services,
engineering, Right-of-Way, utilities, material or otherwise, are the sole responsibility of the LPA
•
where Federal participation is not allowable or available or if the project is subsequently
determined to be ineligible for Federal-aid funding. Therefore, where the Federal government
refuses to participate in the project or any portion of the project the LPA is responsible for full
project payment with no cost or expense to the State in the project or in the ineligible portion of
the project. Should the project be abandoned before completion, the LPA shall pay or repay the
State for all costs incurred by the State prior to such abandonment.
SECTION 11. SCHEDULE
The LPA shall provide the State with current project schedules, submittal dates and critical
milestone dates. The LPA shall notify and keep the State informed on all project issues.
SECTION 12. PROCUREMENT OF PROFESSIONAL SERVICES
If a Consultant is to be selected to provide professional services for the project
(preliminary engineering, construction engineering), the method of procurement and evaluation
must follow all guidelines and requirements outlined in the LPA Guidelines Manual. For funding
eligibility, the State will review and approve the Request for Proposals prior to advertising. To
Project No. ENH-28(99) - 13 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
he E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
maintain Federal-aid eligibility for the project, the selected Consultant must be a State Certified
Consultant.
SECTION 13. PRELIMINARY ENGINEERING
The Parties agree that preliminary engineering, which includes project design, plan
development, environmental studies and final design, will be accomplished by the LPA or a
State Certified Consultant selected by the LPA. Preliminary engineering costs are estimated to
be $52,322. The scope of professional services to be provided by the selected Consultant must
be negotiated by the LPA and outlined in a Professional Services Agreement and executed by
the LPA and Consultant. The form of the Professional Services Agreement must be approved
by the State for funding eligibility. Any PE work performed prior to Federal authorization and
receipt of a Notice to Proceed will not be eligible for Federal-aid. The State will pay the
Consultant directly. The Consultant and LPA shall invoice the State for reimbursement in
accordance with the TOTAL PROJECT COSTS, REIMBURSEMENT AND INVOICING section
in this agreement.
The LPA, with State technical advice when requested, agrees to perform or caused to be
performed a preliminary survey and all necessary plans, specifications and estimates for the
proposed work. All plans, specifications, and estimates must be presented to the State for
funding approval to ensure adherence to Federal Standards. The LPA or its Consultant shall
design the project according to the current State of Nebraska Standard Specifications for
Highway Construction, the American Association,of State Highway and Transportation Officials
Guide for the Development of Bicycle Facilities and the Designing Sidewalks and Trails for
Access Part ll or II: Best Practices Design Guide, the Americans with Disabilities Act (ADA)
Accessibility Guidelines and the LPA Guidelines Manual for Federal-aid projects. Any deviations
from the above must be approved by the State prior to preparation of plans.
Professional Performance:
It is understood by the Parties that the LPA is solely responsible for the professional
performance and ability of the LPA and their Consultant(s) in the planning, design, construction,
operation and maintenance of this project. Any review or examination by the State, or
acceptance or use of the work product of the LPA or their consultant will not be considered to be
a full and comprehensive review or examination and will not be considered an approval, for
funding or for any other purpose, of the work product of the LPA and their Consultant which
would relieve the LPA from any expense or liability that would be connected with the LPA's sole
Project No. ENH-28(99) - 14 -
Control No. 22414
32"d Ave Streetscape and Bike Route, Omaha
e Streetscape and Bike Route, Omaha
he E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
responsibility for the propriety and integrity of the professional work to be accomplished by the
LPA for the project.
SECTION 14. ENVIRONMENTAL RESPONSIBILITY
The LPA shall be responsible to complete any federally required environmental reviews,
actions, commitments, and documents for this project, and receive approval by the State and
the FHWA prior to proceeding with appraising property, acquiring any right-of-way, or final
design for the project.
The LPA agrees to acquire any or all permits necessary to accomplish the project.
When it is determined that public involvement is a federal requirement for the project, the
LPA shall offer an opportunity for a location or design hearing or combined location and design
public hearing.
If a public hearing/meeting is required, the LPA may contact the State's Public Hearing
Officer (PHO) prior to doing any public hearing activity, so the PHO can advise the LPA of the
proper procedures and policies for conducting the hearing, or to answer any questions.
SECTION 15. RAILROAD
This section has intentionally been left blank in this contract.
SECTION 16. UTILITIES
Any utility rehabilitations or installations made within the Right-of-Way on this project after
execution of this agreement must be in accordance with the provisions of Federal-aid Highway
Policy Guide, 23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement", and
Federal-Aid Policy Guide, 23 CFR 645B, "Accommodation of Utilities" issued by the U.S.
Department of Transportation, Federal Highway Administration, and a State approved Utility
Accommodation Policy. In order to receive Federal-aid for this improvement, the LPA shall
follow the current "Policy for Accommodating Utilities on State Highway Right-of-Way" and the
LPA manual. In order for the utility work to be eligible for Federal-aid, a utility agreement
between the LPA and the Utility will need to be executed by both parties and approved by the
State, and Notice to Proceed will be given by the State to the LPA, prior to beginning the utility
work being done. The State's standard utility agreement (State Template AGR167) must be
used; a copy of this agreement can be obtained from the LPD Project Coordinator.
Any local project work within a State Highway right-of-way requires an approval in the
form of a letter of authorization or a permit from the State. The LPA shall contact the State's
District Engineer or Permits Officer to determine if a permit or permits is needed for the project
and to make application for those permits if necessary.
Project No. ENH-28(99) - 15 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
ntrol No. 22414
32"d Ave Streetscape and Bike Route, Omaha
e Streetscape and Bike Route, Omaha
he E-Verify Program,or
an equivalent federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
•
•
All nonbetterment municipally owned and operated utility rehabilitation costs within the
corporate limits of the LPA will become a project cost. Outside the corporate limits, the
nonbetterment portion of utility rehabilitation costs will be reimbursed for facilities occupying
private property.
Further, there will be no Federal reimbursement for private or nonmunicipally owned and
operated utilities if they are located on public Right-of-Way, however, nonbetterment costs of
privately owned and operated utilities that serve a public interest will be reimbursed if they exist
on private property and it is necessary to rehabilitate the utilities due to this project. All such
reimbursements will be based on items and estimates submitted by the utility and approved by
the LPA and State. Should this project necessitate the nonbetterment rehabilitation of any
municipally and/or privately owned and operated utilities, the parties hereto agree to enter into a
separate agreement (State Template AGR1 67) to provide for the preliminary engineering,
construction and construction engineering of the nonbetterment utilities and the reimbursement
to the City by the State for the costs of the rehabilitation of municipally and/or privately owned
and operated utilities. Said agreement shall be entered into and approved prior to utility work
beginning.
SECTION 17. RIGHT-OF-WAY
The Federal law governing acquisition and relocation on federally assisted projects is
Public Law 91-646, the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 as amended, commonly called the Uniform Act. The LPA shall comply with the Uniform
Act, and the State's Right-of-Way Acquisition guide for LPA's.
The Uniform Act applies whenever Federal dollars are used in any phase of a project, such
as planning, engineering, environmental studies, or construction. The Uniform Act must be
followed even if there is NO Federal funding in the Right-of-Way phase. The State's
Relocation Assistance Act, Neb. Rev. Stat. 76-214 through 76-1238 applies on all projects.
Prior to beginning Right-of-Way appraisals and acquisition, the LPA shall submit to the
Local Projects Division Project Coordinator Right-of-Way plans, legal descriptions and an
estimate for review and approval for federal funding. If acceptable for funding, the State will
issue the LPA a Notice-to-Proceed with the Right-of-Way work phase.
Prior to proceeding with the construction phase, the LPA shall present to the State a
Right-of-Way Certificate that certifies the LPA has complied with the Uniform Act requirements
and that the project is ready for construction. The State will allow the construction phase of the
Project No. ENH-28(99) - 16 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
e United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
project to begin, if the documentation submitted by the LPA supports the Right-of-Way
Certificate and if all other Right-of-Way requirements have been met.
The LPA shall assure the State, and certify after accomplishment, that any Right-of-Way
for this improvement not donated in compliance with FHWA guidelines will be or has been
acquired in accordance with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 as amended, 49 CFR 24, and the State's Right-of-Way Manual as
approved by FHWA.
Any eligible actual Right-of-Way costs incurred by the LPA shall be billed to the State for
reimbursement in accordance with the TOTAL PROJECT COSTS, REIMBURSEMENT AND
INVOICING section in this agreement.
SECTION 18. RIGHT-OF-WAY ENCROACHMENTS
The LPA, at no cost to the project, shall clear the entire existing Right-of-Way of this
project of any private or non-LPA uses or occupancy of the area above, below, or on the
existing Right-of-Way. Also, the LPA agrees to keep the old and new Right-of-Way free of future
encroachments, except those specifically authorized by permit.
The LPA must have all encroachments cleared from the Right-of-Way before requesting a
Right-of-Way Certificate and must attest to said clearance.
SECTION 19. LAND CORNERS
The LPA shall locate and reference or have located and referenced all section corners,
quarter section corners and subdivision lot corners required for construction of the proposed
project in accordance with Section 39-1708 et. seq., R.R.S. 1943 as amended.
SECTION 20. SPECIAL ASSESSMENTS
Prior to initiating a special assessment on a federal aid project, the LPA shall notify the
NDOR LPD-PC of their proposed assessment. If a special assessment is levied as part of a
Federal-aid project, it shall be conducted as described in the NDOR Right of Way manual,
which, as of October 2010, is in the process of being revised on this issue. See the revised
NDOR Right of Way manual language below.
The LPA is required to provide the four points of documentation to the LPD-PC. They
are also required to follow all the terms of the Uniform Act in the acquisition of right of way for a
Federal-aid project.
Revised NDOR Right of Way Manual language:
"When federal funds participate in a project, an LPA may not levy a special
assessment, solely against those property owners from whom acquisitions are made for
Project No. ENH-28(99) - 17 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
he State a
Right-of-Way Certificate that certifies the LPA has complied with the Uniform Act requirements
and that the project is ready for construction. The State will allow the construction phase of the
Project No. ENH-28(99) - 16 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
e United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
1
the public improvement, for the primary purpose of recovering the compensation paid
for the real property. This recapture of compensation would constitute a form of forced
donation, which is coercive and thus not permitted under the Uniform Act.
However, an LPA may levy an assessment to recapture funds expended for a public
improvement, provided the assessment is levied against all properties in the taxation
area or in the district being improved and provided it is consistent with applicable local
ordinances."
The LPA needs to confirm there is no Uniform Act violation by documenting the
following:
• The affected property owners will be provided just compensation for their
property as required by the Federal and State Constitutions and reiterated the
Uniform Act.
• The acquisition costs will be paid by the LPA and property owners made aware
they will not be assessed the cost to acquire their property needed for the
project.
• The purpose of the special assessment is not to recover the acquisition costs.
• The assessment will not be arbitrarily imposed on selected property owners in
the special improvement district in response to their demand for just
compensation or that the assessment will be implemented in a way that differs
from the way other like assessments have been imposed under similar
circumstances.
The project files must contain documentation affirming the above bulleted items.
Project No. ENH-28(99) - 18 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
ASSESSMENTS
Prior to initiating a special assessment on a federal aid project, the LPA shall notify the
NDOR LPD-PC of their proposed assessment. If a special assessment is levied as part of a
Federal-aid project, it shall be conducted as described in the NDOR Right of Way manual,
which, as of October 2010, is in the process of being revised on this issue. See the revised
NDOR Right of Way manual language below.
The LPA is required to provide the four points of documentation to the LPD-PC. They
are also required to follow all the terms of the Uniform Act in the acquisition of right of way for a
Federal-aid project.
Revised NDOR Right of Way Manual language:
"When federal funds participate in a project, an LPA may not levy a special
assessment, solely against those property owners from whom acquisitions are made for
Project No. ENH-28(99) - 17 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
he State a
Right-of-Way Certificate that certifies the LPA has complied with the Uniform Act requirements
and that the project is ready for construction. The State will allow the construction phase of the
Project No. ENH-28(99) - 16 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
e United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
SECTION 21. LETTING
At the request of FHWA, the State, on behalf of the LPA, will hold a bid letting for this
project. The State agrees to receive and review all plans, specifications, estimates and surveys
of the LPA and to advertise and conduct a bid letting for this project. The State will recommend
the selection of low bidders and the awarding of a contract or contracts which shall be
concurred in by the LPA, and the construction contract shall be signed by the LPA.
The LPA shall submit the final plans package (100 percent plans, specifications,
engineers'estimate, status of utilities, environmental permits, right-of-way certificate and
contract bidding documents) to the State's Local Projects Division Project Coordinator for review
when the package is complete. The State will review the submitted items and proceed with
advertising the project for bids when appropriate. The LPA is solely responsible for the
accuracy and completeness of the plans and bidding documents. The selection of low bidders
and awarding of a contract or contracts must be concurred in by the LPA prior to State award.
The LPA will sign the contract and will issue all applicable purchasing agent appointments and
tax exempt certificates for this project.
SECTION 22. CONTRACTOR PAYMENTS
All project contractor construction costs will be paid directly to the contractor by the
State, on behalf of the LPA. Progress invoices and final invoices shall be prepared by the RC or
Consultant using Trans*Port Site Manager Software. The RC or Consultant must be trained
by the State in the use of Trans*Port Site Manager Software. Any progress and final invoices
approved by the LPA or RC shall be submitted to the State Representative for funding approval
and processed for payment.
SECTION 23. CONSTRUCTION ENGINEERING
The LPA will be solely responsible for all construction engineering on this project. The
Parties agree that the construction engineering, which is an eligible project expense and which
includes construction management, staking, inspection and field testing, will be accomplished
by LPA forces or a State Certified Consultant selected in accordance with the LPA Guidelines
Manual. Prior to the selected Consultant providing any construction engineering services, the
scope of services and associated costs must be negotiated by the LPA and outlined in a
Professional Services Agreement executed by the Consultant and the LPA. The form of the
Professional Services Agreement must be approved by the State for funding eligibility. Any
construction engineering services performed prior to execution of said agreement,
Project No. ENH-28(99) - 19 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
Project No. ENH-28(99) - 16 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
e United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
Federal authorization and receipt of a written Notice to Proceed will not be eligible for
Federal funding.
The inspection, sampling and testing of all materials must be done in accordance with
the current State of Nebraska Standard Specifications for Highway Construction, the State
Materials Sampling Guide, the Quality Assurance Program for Construction, and the State
Standard Methods of Tests or applicable AASHTO or ASTM procedures and as outlined in the
Professional Services Agreement.
The LPA shall provide adequate quality control, construction administration on the •
project and will be responsible for the sampling and delivery of project materials for testing to a
qualified laboratory.
In all cases, the LPA is solely responsible for inspecting the project, performing quality
assurance, and insuring that the project is constructed in compliance with this contract, plans,
specifications, scope of work, regulations, statutes, etc. The State Representative will evaluate
the LPA's work solely for federal funding eligibility.
SECTION 24. PROJECT COMPLETION
Upon project completion, the LPA shall complete and sign a State DR Form 299,
"Notification of Project Completion and Materials Certification" and provide it to the State
Representative for further action.
The LPA by signing DR Form 299 certifies that all sampling and test results of materials
used on the project, manufacturer's certificates of compliance and manufacturer's certified test
reports meet contract requirements and are on file with the LPA. The LPA shall make them
available for inspection to the State and the FHWA or their authorized representatives when
requested in writing to do so.
The State Representative assigned to the project will conduct a final review of the project
and will determine if the project meets federal program requirements. If the State District
Construction Representative determines the project, meets federal program requirements the
State District Construction Representative will sign the DR Form 299 and send it to the State
District Engineer for signature. The State District Engineer will forward the form to the State's
Local Projects Division Section Engineer for signing, project closeout and final payment. If the
State District Construction Representative determines the project does not meet federal
program requirements, the State District Construction Representative will notify the LPA's RC in
writing of what needs to be done to bring the project into compliance before the State District
Construction Representative will sign the DR Form 299 and recommend the project is ready for
Project No. ENH-28(99) - 20 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
nd Bike Route, Omaha
Project No. ENH-28(99) - 16 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
e United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
closeout. The LPA shall contact the State's District Engineer for State District Construction
Representative assignment. It is understood that any time spent by the State Representative on
this project will be part of the cost of the project and the State's expenses will be included as
costs of the project, as specified in this agreement.
Upon project completion and final review, the LPA shall send one set of"As-Built" plans to
the State's Local Projects Section Engineer and one set to the State's District Engineer.
SECTION 25. AUDIT AND FINAL SETTLEMENT
• Final settlement cannot be made between the State and the LPA until the LPA has filed a
completed State DR Form 299 with the State, and both the LPA and the State have signed it.
The final settlement between the State and the LPA will be made after final funding review
and approval by the State and after an audit, if deemed necessary, has been performed to
determine eligible actual costs. The amount of the final settlement between the State and the
LPA will be the calculated LPA's share of the total eligible project costs less the total local funds
paid to the State by the LPA.
If the LPA's share of the eligible project costs is more than the local funds paid to the
State, the State will bill the LPA an amount up to the LPA's share of the eligible project costs.
The LPA agrees to reimburse the State for any overpayments discovered by the State within
thirty (30) days of receipt.
If the LPA's share of the eligible project costs is less than the local funds paid to the State,
the State will reimburse the LPA an amount up to the LPA's share of the eligible project costs.
SECTION 26. CHANGES TO LPA ROUTES
Changes to the LPA routes which affect the function or operation of the improvement
made either during construction or after the project is completed, will require prior approval of
the State. Requests for changes during project construction must be made to the State
Representative who will then forward it to the Local Projects Division Project Coordinator for
final approval.
SECTION 27. MAINTENANCE AND ENVIRONMENTAL COMMITTMENTS
Upon project completion, the LPA shall maintain the project at its own expense, and
agrees to make provisions each year for the maintenance costs involved in properly maintaining
this facility. The LPA shall also be responsible for any required environmental commitments
and monitoring after the construction of the project. The LPA will release and hold harmless the
State and FHWA from any suits brought against the State arising out of the LPA's construction,
operation, and maintenance of or related to the project.
Project No. ENH-28(99) - 21 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
- 16 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
e United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
•
SECTION 28. TRAFFIC CONTROL •
The LPA shall be responsible for all traffic control along the project, and on project related
detours, before, during and after construction. Traffic control must conform to the Manual on
Uniform Traffic Control Devices. By requesting financial settlement of the project the LPA
certifies that all traffic control devices on the finished project have been properly completed or
installed.
SECTION 29. CONFLICT OF INTEREST LAWS
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/gov-aff/Ipa/chapter-forms/coi/coi-guidance-doc-Ipa.pdf
LPA must also complete and sign the NDOR Conflict of Interest Disclosure Form for
LPAs 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/gov-aff/Ipa/chapter-forms/coi/coi-disclosure-doc-Ipa.pdf
Consultants and sub-consultants providing services for LPA's, or submitting proposals
for services, shall notify, or be required 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 sub-consultant having a real or
potential conflict of interest on an LPA federal-aid transportation project.
SECTION 30. DRUG FREE WORKPLACE
The LPA shall have an acceptable and current drug-free workplace policy on file with the
State.
SECTION 31. RECORDS RESPONSIBILITY
The LPA shall maintain all correspondence files, books, documents, papers, field notes,
quantity tickets, accounting records and other evidence pertaining to costs incurred and shall
make such material available at its office at all reasonable times during the contract period and
for three years from the date of final cost settlement under this agreement; such records must
be available for inspection by the State and the FHWA or any authorized representatives of the
Project No. ENH-28(99) - 22 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
Project No. ENH-28(99) - 21 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
- 16 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
e United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
Federal government, and the LPA shall furnish copies to those mentioned in this section when
requested to do so.
SECTION 32. FAIR EMPLOYMENT PRACTICES
If the LPA performs any part of the work on this project itself, the LPA shall abide by the
provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. §48-
1101, through 48-1126, and all regulations relative to nondiscrimination in federally assisted
programs of the Department of Transportation, Title 49 CFR, Parts 21 and 27 as set forth in the
DISCRIMINATION CLAUSES Section of this agreement. The reference to "Contractor" in this
section also means the "LPA".
SECTION 33. 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 34. LAWFUL PRESENCE IN USA AND WORK ELIGIBILITY STATUS PROVISIONS
The LPA agrees to comply with the requirements of Neb.Rev.Stat. §4-108 to 4-114 with
its Federal-aid project, including, but not limited to, the requirements of§4-114(1)(b)) to place in
any contract it enters into with a public contractor a provision requiring the public contractor to
use a federal immigration verification system to determine the work eligibility status of new
employees physically performing services within the State of Nebraska.
SECTION 35. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
A. Policy
The LPA shall ensure that disadvantaged business enterprises as defined in 49 CFR
Part 26 shall have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal Funds under this agreement. Consequently, the DBE
requirements of 49 CFR Part 26 are hereby made a part of and incorporated by this reference
into this agreement.
B. Disadvantaged Business Enterprises (DBEs) Obligation
The LPA and State shall ensure that disadvantaged business enterprises as defined in 49
CFR Part 26 have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal Funds provided under this agreement. In
this regard, the LPA shall take all necessary and reasonable steps in accordance with 49 CFR
Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to
Project No. ENH-28(99) - 23 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
presentatives of the
Project No. ENH-28(99) - 22 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
Project No. ENH-28(99) - 21 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
- 16 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
e United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
1
compete for and perform contracts. The LPA shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of FHWA assisted contracts.
The LPA, acting as a subrecipient of Federal-aid funds on this project shall adopt the
disadvantaged business enterprise program of the State for the Federal-aid contracts the LPA
enters into on this project.
Failure of the LPA to carry out the requirements set forth above shall constitute breach of
contract and, after the notification of the FHWA, may result in termination of the agreement or
contract by the State or such remedy as the State deems appropriate.
SECTION 36. TITLE VI NONDISCRIMINATION CLAUSES
During the performance of this agreement, the LPA, for itself, its assignees and
successors in interest agrees as follows:
(1) Compliance with Regulations: The LPA shall comply with the Regulations of the
Department of Transportation relative to nondiscrimination in federally assisted programs
of the Department of Transportation (Title 49, Code of Federal Regulations, Parts 21 and
27, hereinafter referred to as the Regulations), which are herein incorporated by reference
and made a part of this agreement.
(2) Nondiscrimination: The LPA, with regard to the work performed by it after award and prior
to completion of the contract work, shall not discriminate on the basis of disability, race,
color, sex, religion or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The LPA shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of
the Regulations, including employment practices when the contract covers a program set
forth in Appendix "A," "B," and "C" of Part 21 of the Regulations.
(3) Solicitations for Subcontracts, 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 subcontract, including procurements of materials or equipment, each
potential subcontractor 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
disability, race, color, sex, religion or national origin.
(4) Information and Reports: The LPA shall provide all information and reports required by
the Regulations, or orders and instructions issued pursuant thereto, and will permit
access to its books, records, accounts, other sources of information, and its facilities as
may be determined by the State or the FHWA to be pertinent to ascertain compliance with
Project No. ENH-28(99) - 24 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
such Regulations, orders and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish this
information, the LPA shall so certify to the State, or the FHWA as appropriate, and shall
set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the LPA's noncompliance with the
nondiscrimination provisions of this agreement, the State will impose such contract
sanctions as it or the FHWA may determine to be appropriate, including but not limited to,
(a) Withholding of payments to the LPA under this agreement until the LPA complies,
and/or
(b) Cancellation, termination or suspension of this agreement, in whole or in part.
(6) Incorporation of Provisions: The LPA shall include the provisions of paragraph (1)
through (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, order, or instructions issued pursuant
thereto. The LPA shall take such action with respect to any subcontract or procurement
as the State or the FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that, in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as a result of
such direction, the LPA may request the State to enter into such litigation to protect the
interests of the State, and in addition, the LPA may request the United States to enter into
such litigation to protect the interests of the United States.
SECTION 37. REPRESENTATIONS
This agreement contains the entire agreement of the LPA and State. No representations
were made or relied upon by LPA or State other than those that are expressly set forth herein.
No agent, employee or other representative of LPA or State is empowered to alter any of the
terms in this agreement unless done in writing and signed by an authorized officer of the LPA
and State.
SECTION 38. ACKNOWLEDGEMENTS
The LPA agrees to acknowledge federal and state funding with proper signage such as
recognition plaques on buildings or markers on trails. The funding acknowledgement shall
state, "This project made possible through funds provided by the Nebraska Department of
Roads Transportation Enhancement Program and the Federal Highway Administration." This
statement shall also be incorporated into all press releases, web sites and printed information
about the project.
Project No. ENH-28(99) - 25 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
he State or the FHWA to be pertinent to ascertain compliance with
Project No. ENH-28(99) - 24 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
it
IN WITNESS WHEREOF, the LPA and State hereto have caused these presents to be
executed by their proper officials thereunto duly authorized as of the dates below indicated.
EXECUTED by the LPA this /7/Iday of /,�A-L— , 201 -.
WITNESS: CITY OF OMAHA
Buster Brown Jim Suttle
. ' 1C14,49n1444—kilta.-----).
...z‘ .i,,i...
L' A Clerk Mayor
Tor - 1/
EXECUTED by the State this day of , 2011.
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Jim Wilkinson, P.E.
C----
Lo
( / Q
Projects Division Engineer
1
APP OVED AS TO F RM•
-iz
DEPUTY CITY ATTORNEY
Project No. ENH-28(99) - 26 -
Control No. 22414 32BM 12 0 7
32"d Ave Streetscape and Bike Route, Omaha
equipment, unless exempt by the Regulations, order, or instructions issued pursuant
thereto. The LPA shall take such action with respect to any subcontract or procurement
as the State or the FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that, in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as a result of
such direction, the LPA may request the State to enter into such litigation to protect the
interests of the State, and in addition, the LPA may request the United States to enter into
such litigation to protect the interests of the United States.
SECTION 37. REPRESENTATIONS
This agreement contains the entire agreement of the LPA and State. No representations
were made or relied upon by LPA or State other than those that are expressly set forth herein.
No agent, employee or other representative of LPA or State is empowered to alter any of the
terms in this agreement unless done in writing and signed by an authorized officer of the LPA
and State.
SECTION 38. ACKNOWLEDGEMENTS
The LPA agrees to acknowledge federal and state funding with proper signage such as
recognition plaques on buildings or markers on trails. The funding acknowledgement shall
state, "This project made possible through funds provided by the Nebraska Department of
Roads Transportation Enhancement Program and the Federal Highway Administration." This
statement shall also be incorporated into all press releases, web sites and printed information
about the project.
Project No. ENH-28(99) - 25 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
he State or the FHWA to be pertinent to ascertain compliance with
Project No. ENH-28(99) - 24 -
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha
Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne,us
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence In the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev.Stat. §4-108.
SIGN ALL COPIES Firr 5 LInoiiA) ,Q!h //1 Q c1kOD ,n
By AA r►- Lsr 'o/ii/ h % �rst-f'''l
Title C7D
• CONTINUATION SHEET
f Omaha
1819 Farnam St
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
/
Tom Greco/BMYERS 04.4 4Lf 7 ",iCQ_L'-!S^
ACORD 25(2010/05) O 1988.2010 ACORD CORPORATION. All rights reserved.
INS025(201005).01 The ACORD name and logo are registered marks of ACORD
ction,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
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FIGURE 2. Project Area
Project No. ENH-28(99)
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha Exhibit "A"
conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
Transportation Enhancement Program Application
32nd Avenue Safety, Streetscape and Bike Route
SUBTOTAL $313,534.00
ENGINEERING COSTS
PE Phase
Preliminary Engineering 10% $26,659
NEPA $15,000
Final Design 4% $10,663
RC $5,000
NDOR $10,000
CE Phase
Construction Engineering 14% $37,322
RC $5,000
NDOR $7,500
ENGINEERING COSTS TOTAL $117,144.00
TOTAL Enhancement PROJECT COST $383,731.00.
FUNDING SQURCES'::FOR PARTICIPATING ITEMS
Local Funding Share 20% $76,746.20
Federal Funding for enhancement project 80% $306,984.80
Revised Estimate 3-8-12 Project Budget
•
•
•
•
• /. ^
kk,
Transportation Enhancement Program Application
32nd Avenue Safety, Streetscape and Bike Route
CONSTRUCTION COSTS(PARTICIPATING ITEMS)
Item Unit Qty. Unit Cost Cost
REMOVE PAVEMENT SY 1035 $17.00 $17,595.00
REMOVE INTEGRAL CURB LF 1072 $3.00 $3,216.00
CONSTRUCT 6" INTEGRAL CURB (TYPE "A") LF 1417 $3.00 $4,251.00
7"CONCRETE PAVEMENT-TYPE L65 SY 322 $50.00 $16,100.00
REMOVE TYPE A CURB INLET EA 5 $300.00 $1,500.00
REMOVE TYPE A-A CURB INLET EA 5 • $450.00 $2,250.00
CONSTRUCT 12" CONCRETE PIPE LF 235 $60.00 $14,100.00
CONSTRUCT TYPE A CURB INLET EA 5 • $2,000.00 $10,000.00
CONSTRUCT TYPE A-A CURB INLET EA 5 $2,800.00 $14,000.00
PEDESTRIAN CROSSING TRAFFIC SIGNAL LS 1 $40,000.00 $40,000.00
TRAFFIC AND BIKE LANE SIGNS LS 1 $15,000.00 $15,000.00
YELLOW STRIPING LF 6200 $3.00 $18,600.00
WHITE STRIPING LF 11760 $3.00 $35,280.00
BIKE SYMBOL PAVEMENT MARKING EA 20 $300.00 $6,000.00
BIKE WORD PAVEMENT MARKING EA 20 $300.00 $6,000.00
STAMPED SIDEWALK SF 140 $10.00 $1,400.00
REMOVE SIDEWALK • SF 2795 $2.00 $5,590.00
4" CONCRETE SIDEWALK SF 4417 $4.50 $19,876.50
CONSTRUCT CONCRETE CURB RAMP EA 39 $600.00 $23,400.00 1
LANDSCAPE TREE EA 20 $400.00 $8,000.00
SODDING SY 738 $6.00 $4,428.00
SUBTOTAL $266,587.00 '
CONSTRUCTION°-COSTS-(PARTICIPATING` ITEMS,..CHANCES; ROMMORR53D APPLICATION).
Item Unit Qty. Unit Cost Cost
CONSTRUCT 6" INTEGRAL CURB (TYPE "A") LF 183 $3.00 $549.00
7" CONCRETE PAVEMENT-TYPE L65 SY 53 $50.00 $2,650.00
REMOVE SIDEWALK SF 205 $18.00 $3,690.00
4" CONCRETE SIDEWALK SF 83 $4.50 $373.50
REMOVE TYPE A-A CURB INLET EA -3 $450.00 ($1,350.00) .
CONSTRUCT 12" CONCRETE PIPE LF 465 $60.00 $27,900.00
CONSTRUCT TYPE A-A CURB INLET EA -1 $3,000.00 ($3,000.00)
DETECTABLE WARNING SF 336 $32.00 $10,752.00
WHITE STRIPING LF 240 $3.00 $720.00
DOWEL BARS EA 100 $6.00 $600.00
BARRICADES BDAY 40 $400.00 $16,000.00
SUBTOTAL $58,885.00
CONSTRUCTION'COSTS:(NONpARTIC1PATING:TEMSIRESURFACING) . -
Item Unit Qty. . Unit Cost Cost
MILLING SY 24000 $ 2.00 $48,000.00
ASPHALT TON. 2800 • $ 80.00 $224,000.00
REMOVE CURB LF 428 $ 3.00 $1,284.00
CONSTRUCT TYPE A CURB INLET EA 10 $ 2,000.00 $20,000.00
BUILD MANHOLE EA 6 $ 2,000.00 $12,000.00
ADJUST VALVE EA 10 $ 200.00 $2,000.00
ADJUST MANHOLE EA 25 • $ 250.00 $6,250.00
Revised Estimate 3-8-12 Project Budget
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''- .a. 1 '211 ".t.L.:i
FIGURE 2. Project Area
Project No. ENH-28(99)
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha Exhibit "A"
conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
Transportation Enhancement Program Application 3✓. , qY;. '� _
32nd Avenue Safety, Streetscape and Bike Route
SUBTOTAL $313,534.00
ENGINEERINGCOSTS
PE Phase
Preliminary Engineering 10% $26,659
NEPA $15,000
Final Design 4% $10,663
RC $5,000
NDOR $10,000
CE Phase
Construction Engineering 14% $37,322
RC $5,000
NDOR $7,500
ENGINEERING COSTS TOTAL $117,144.00
TOTAL Enhancement PROJECT COST $383,731.00.
FUNDING-SO.URCESFOR PARTICIPATING ITEMS:
Local Funding Share 20% $76,746.20
Federal Funding for enhancement project 80% $306,984.80
Revised Estimate 3-8-12 Project Budget
•
• /. ^
kk,
Transportation Enhancement Program Application
32nd Avenue Safety, Streetscape and Bike Route
CONSTRUCTION,COSTS(PARTICIPATING ITEMS)
Item Unit Qty. Unit Cost Cost
REMOVE PAVEMENT SY 1035 $17.00 $17,595.00
REMOVE INTEGRAL CURB LF 1072 .$3.00 $3,216.00
CONSTRUCT 6" INTEGRAL CURB (TYPE "A") LF 1417 $3.00 $4,251.00
7" CONCRETE PAVEMENT-TYPE L65 SY 322 $50.00 $16,100.00
REMOVE TYPE A CURB INLET EA 5 $300.00 $1,500.00
REMOVE TYPE A-A CURB INLET EA 5 $450.00 $2,250.00
CONSTRUCT 12" CONCRETE PIPE LF 235 $60.00 $14,100.00 I
CONSTRUCT TYPE A CURB INLET EA 5 $2,000.00 $10,000.00
CONSTRUCT TYPE A-A CURB INLET EA 5 $2,800.00 $14,000.00
PEDESTRIAN CROSSING TRAFFIC SIGNAL LS 1 , $40,000.00 $40,000.00
TRAFFIC AND BIKE LANE SIGNS LS 1 $15,000.00 $15,000.00
YELLOW STRIPING LF 6200 • $3.00 $18,600.00
WHITE STRIPING LF 11760 $3.00 $35,280.00
BIKE SYMBOL PAVEMENT MARKING EA 20 $300.00 $6,000.00
BIKE WORD PAVEMENT MARKING EA 20 $300.00 $6,000.00
STAMPED SIDEWALK SF 140 $10.00 $1,400.00
REMOVE SIDEWALK • SF 2795 $2.00 $5,590.00
4" CONCRETE SIDEWALK SF 4417 $4.50 $19,876.50
CONSTRUCT CONCRETE CURB RAMP EA 39 $600.00 $23,400.00
LANDSCAPE TREE EA 20 $400.00 $8,000.00
SODDING SY 738 $6.00 $4,428.00
SUBTOTAL $266,587.00
CONSTRICTION COSTS`(PARTICIPATING ITEMS-CHANGES_FROM.:DIR530 APPLICATION).
Item Unit Qty. Unit Cost Cost
CONSTRUCT 6" INTEGRAL CURB (TYPE "A") LF 183 $3.00 $549.00
7" CONCRETE PAVEMENT-TYPE L65 SY 53 $50.00 - $2,650.00
REMOVE SIDEWALK SF 205 $18.00 $3,690.00
4" CONCRETE SIDEWALK SF 83 $4.50 $373.50
REMOVE TYPE A-A CURB INLET EA -3 $450.00 ($1,350.00)
CONSTRUCT 12" CONCRETE PIPE LF 465 $60.00 $27,900.00
CONSTRUCT TYPE A-A CURB INLET EA -1 $3,000.00 ($3,000.00)
DETECTABLE WARNING SF 336 • $32.00 $10,752.00
WHITE STRIPING LF 240 $3.00 $720.00
DOWEL BARS EA 100 $6.00 $600.00
BARRICADES BDAY 40 $400.00 $16,000.00
SUBTOTAL $58,885.00
CONSTRUCTION•COSTS INON=PARTICIPATING..ITE AS/RESU.RFACING)
Item Unit Qty. Unit Cost Cost
MILLING SY 24000 $ 2.00 $48,000.00
ASPHALT TON 2800 $ 80.00 $224,000.00
REMOVE CURB LF 428 $ 3.00 $1,284.00
CONSTRUCT TYPE A CURB INLET EA 10 $ 2,000.00 $20,000.00
BUILD MANHOLE EA 6 $ 2,000.00 $12,000.00
ADJUST VALVE EA 10 $ 200.00 $2,000.00
ADJUST MANHOLE EA 25 $ 250.00 $6,250.00
Revised Estimate 3-8-12 Project Budget
Revised Estimate 3-8-12 Project Budget
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''- .a. 1 '211 ".t.L.:i
FIGURE 2. Project Area
Project No. ENH-28(99)
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha Exhibit "A"
conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
C-25A • CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha desires to utilize Federal Surface Transportation Funds for the
32"d Avenue Streetscape and Bike Route, being the provision of bicycle lanes, intersection and safety
enhancements along the 32"d Avenue corridor near Hanscom Park and the Field Club Historic District;
and,
WHEREAS, the Nebraska Department of Roads has agreed to steward these funds as required by
the Federal Highway Administration, according to the attached Agreement and Revised Project Budget
Estimate, which by this reference are made part hereof, for the project identified as ENH-28(99), State
Control No. 22414, and OPW 51825, in conjunction with 2012-2017 Capital Improvement Program -
Transportation Project 503; and,
WHEREAS, the City's local funding cost share for elements deemed as participating in Federal
Funding is currently estimated to be $76,746.20, which will be paid from the 2010 Transportation Bond
Fund 13183,2012 Issue Transportation Bond Organization 117117;and,
WHEREAS, the City's local funding cost share for elements deemed as non-participating in
Federal Funding is currently estimated to be $313,534.00, which will be paid from the City Street
Maintenance Fund 12129, Major Street Resurfacing Organization 116159 and is anticipated to be a part
of the year 2013 resurfacing program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, as recommended by the Mayor, the Program Agreement between the City of Omaha and
the Nebraska Department of Roads for Project ENH-28(99), State Control No. 22414, and OPW 51825,
in conjunction with 2012-2017 Capital Improvement Program - Transportation Project 503, being 32nd
Avenue Streetscape and Bike Route, including the provision of bicycle lanes, intersection and safety
enhancements along the 32nd Avenue corridor near Hanscom Park and the Field Club Historic District,
with the City's share of the participating project cost, estimated to be $76,746.20, being paid from the
2010 Transportation Bond Fund 13183, 2012 Issue Transportation Bond Organization 117117, and the
City's share of the non-participating project cost, estimated to be $313,534.00, being paid from the City
Street Maintenance Fund 12129, Major Street Resurfacing Organization 116159 and is anticipated to be a
part of the year 2013 resurfacing program, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the City Council hereby authorizes the Mayor and City Clerk to sign the attached
Agreement on behalf of the City of Omaha.
1425htp
APP OVED AS TO FORM:
1077144
C u cilmember T "l/'/Z
Adopted APR 1 7 2012 a ITY ATTORNEY DATE
Exhibit"B"
.0L
City rk• S,C���
A ... ... .. .... . .. : ... ..
May
LVE EA 10 $ 200.00 $2,000.00
ADJUST MANHOLE EA 25 $ 250.00 $6,250.00
Revised Estimate 3-8-12 Project Budget
Revised Estimate 3-8-12 Project Budget
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3 w. , - - 1 : . • •
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FIGURE 2. Project Area
Project No. ENH-28(99)
Control No. 22414
32nd Ave Streetscape and Bike Route, Omaha Exhibit "A"
conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
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