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RES 2012-0592 - Contract with Swain Construction for OPW 52230-PD, W Florence streetscape project 69 AHA M N of° _ 4 RECEIVED Planning Department -- SAlimp .q; ; Omaha/Douglas Civic Center rt 1,� r` A 1819 Farnam Street,Suite 1100 ® Pl �l in t'7 `9 P,1110: 2 Omaha,Nebraska 68183 °�A: ro 2 (402)444-5150 OR'T�D FEBRVr4� Telefax(402)444-6140 � Y �- • R.E.Cunningham,RA,F.SAME City of Omaha OMAHA, lEBRASKP Director Jim Suttle,Mayor May 1, 2012 Honorable President and Members of the City Council, The attached Resolution approves a Contract with Swain Construction for public improvements for the Florence Streetscape Project,North 30th Street, Willit to Clay Streets. The engineer's estimate for the base bid is $513,150.00. The low bid is determined on the base bid amount. The engineer's estimate for two alternates is $64,850.00. The total engineer's estimate for the base bid with alternates is $578,000.00. The following bids were received April 11, 2012. The bid tabulation is attached. BASE BID WITH CONTRACTOR BASE BID ALTERNATES SWAIN CONSTRUCTION $446,890.00 $487.066.00 Navarro Enterprises $485,350.00 $533,350.00 Dostals Construction, Inc. $476,600.00 $527,600.00 The Contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Relations Director will continue to review the Contractor to ensure compliance with the Contract Compliance Ordinance. The Finance Department is authorized to pay the cost of OPW 52230-PD, W Florence Streetscape Project in the total amount of$487,066.00. Funds shall be payable in the amount of $487,066.00 from the 2006 Transportation Bonds, Project No. 3372, Fund No. 13182, Organization No. 117116, 2011 Issue Transportation Bonds. itutes the entire and integrated agreement by and between the parties and supersedes any and all prior negotiations, 14. ASSIGNMENT: Neither party to this Agreement shall whether written or oral. transfer, sublet, or assign any rights under or interest in this Agreement (including but not limited to moneys that are due or 19. AUTHORIZATION: The individual signing this agreement moneys that may be due)without the prior written CONSENT of for and on behalf of both parties represents that he or she is a duly the other party. authorized agent of his or her respective principal. 15. TERMINATION: Either the Owner or the A/E may terminate this Agreement at any time with or without cause upon giving the other party(10)calendar days prior written notice.The Owner shall within thirty(30)calendar days of termination pay the STANDARD HOURLY RATE SCHEDULE: Principal 150.00/hr. Survey Department Manager 120.00/hr. Engineering Department Manager 140.00/hr. Professional Land Surveyor 90.00/hr. Engineering Project Manager 140.00/hr. Survey Technician 90.00/hr. Project Engineer 90.00/hr. Survey Crew Party Chief 90.00/hr. Design Engineer 80.00/hr. Survey Crew Tech.W/EDM 90.00/hr. Engineering Technician I 75.00/hr. Robotic Laser EDM 90.00/hr. Engineering Technician II 65.00/hr. GPS Satellite Receiver 180.00/hr. Quality Assurance Manager 90.00/hr Office Clerical 55.00/hr. Construction Manager 85.00/hr. Office Manager 88.00/hr. Construction Observer I 65.00/hr. • Construction Observer II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8V2x11) 0.300/ea. • Express Messenger 15.00/ea. Bond Copy(8'Y2x14) 0.55/ea. Mileage .55/mi. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8'/2x11) 1.00/ea. Color Copy(8%x14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea 5 h are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 Page 2 The Planning Department recommends acceptance of the bid from Swain Construction in the amount of$487,066.00, being the lowest and best bid received, and request your consideration and approval of this Resolution. 41r - •.-Maps . -• Referr o ity Co cil for Consideration: es411P.,/ (4i-40. ,/. /� - /2 , • / to ilgot Cunnin_%i SAME Date Mayor s O fi e/ rtle Da Planning Director/A-, Approved as to Funding: Approved: I 4-19'« `_ 11J/& L s i Pam Spaccarotella Date Richard O'Gara 46/4,2, Date Finance Director 02) Human Rights and Relations Director Approved: qe,e.tA41-i ,d '/. Stubbe, P.E. Date orks Director Plnlsf1679-cover letter CITY OF OI : AHA PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS AND SPECIAL PROVISIONS • Florence Streetscape North 30th Street, Willit to Clay Streets OPW52230®PD W -`o � Giv 9 • , 4f/ a -•:ice ERRYL. .;f' • MORRISON • Bids received until 11:00 o'clock A.M. Wednesday, April IL 2012 Contract Award 4/ / 9 2O / Resolution No. L 9 Contractor: dizai,a Eavirs uz7./� 4 , • Pam Spaccarotella Date Richard O'Gara 46/4,2, Date Finance Director 02) Human Rights and Relations Director Approved: qe,e.tA41-i ,d '/. Stubbe, P.E. Date orks Director Plnlsf1679-cover letter TABLE OF CONTENTS NOTICE TO BIDDERS NB-1 TO NB-3 PROPOSAL P-1 TO P-5 CERTIFICATE SHOP DRAWING TRANSMITTAL FORM SDTF-1 CONTRACT C-1 TO C-6 • PERFORMANCE,PAYMENT&GUARANTEE BOND B-1 TO B-4 EQUAL OPPORTUNITY EMPLOYMENT CLAUSE A-1 UTILIZATION OF SMALL AND EMERGING SMALL BUSINESSES A-2 EXHIBIT"A"-SMALL AND/OR EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM A-3 SPECIAL PROVISIONS INDEX SP-1 NOTE: ALL "P" PAGES MUST BE FILLED OUT AND SUBMITTED WITH THE BID. z7./� 4 , • Pam Spaccarotella Date Richard O'Gara 46/4,2, Date Finance Director 02) Human Rights and Relations Director Approved: qe,e.tA41-i ,d '/. Stubbe, P.E. Date orks Director Plnlsf1679-cover letter • NOTICE TO BIDDERS • Sealed Proposals will be received by the City of Omaha, at the City Clerk's Office,L/C 1,Omaha/Douglas Civic Center, until 11:00 a.m. on the 11th day of April,for the construction of. Florence Streetscape,North 30th Street,Willit to Clay Streets being OPW52230-PD,W. Pre-Bid Meeting: Friday,March 30 Time: 1:00 p.m. CST Location: Project Site,30th and Tucker Streets INSTRUCTIONS TO BIDDERS PROPOSALS: Each Proposal shall be legibly written or printed in ink on the form provided in this bound copy of proposed contract documents. Alterations in the Proposal by interlineation,by interpolation,or otherwise, will not be acceptable. Alteration of the bid by erasure must be signed or initialed by the bidder; if initialed,the City may require the bidder to identify any alteration so initialed.No alteration in any Proposal shall be made after the Proposal has been submitted. The bidder must bid on each item. If an item is bid at no cost, the words, "No Charge" shall be written in the appropriate space. All addenda to the contract documents shall be acknowledged in the Proposal,properly signed by the bidder and attached to the Proposal when submitted. Each Proposal shall be enclosed in a sealed envelope or wrapping, addressed to the "City Council, City of Omaha, Nebraska" and identified on the outside with the words "Proposal for the Construction of Florence Streetscape, North 30th Street, Willit to Clay Streets," the bidder's name and the bidder's address; and filed with the.City Clerk,L/C 1,Omaha/Douglas Civic Center 68183. Proposals must be based upon the Specifications and/or plans for the work bid upon as prepared by the City Engineer and filed in his office. Bidders should familiarize themselves with the work herein contemplated by personally visiting the location of the work, in order that the true spirit and intent of the Specifications and/or plans may be fulfilled. No bidder may submit more than one Proposal except when no bid is received within the Engineer's Estimate as provided on Page NB-2. Multiple Proposals under different names will not be accepted from one firm or association. PROPOSAL GUARANTEE: Each Proposal shall be accompanied by a cashier's check, a certified check, United States Government Bond(negotiable), or a bidder's bond, for five(5)percent of the total amount bid, but in no case be less than One Hundred Dollars($100.00). The Proposal Guarantee shall be made payable without condition to the City of Omaha, Nebraska, hereinafter referred to as City. The Proposal Guarantee may be retained by and shall be forfeited to the City as liquidated damages if the Proposal is accepted and a contract based thereon is awarded and the bidder should fail to enter into a contract in the form prescribed, with legally responsible sureties, within ten (10)business days after such award is made by the City. Construction NB-1 8/2010 .00/hr. Professional Land Surveyor 90.00/hr. Engineering Project Manager 140.00/hr. Survey Technician 90.00/hr. Project Engineer 90.00/hr. Survey Crew Party Chief 90.00/hr. Design Engineer 80.00/hr. Survey Crew Tech.W/EDM 90.00/hr. Engineering Technician I 75.00/hr. Robotic Laser EDM 90.00/hr. Engineering Technician II 65.00/hr. GPS Satellite Receiver 180.00/hr. Quality Assurance Manager 90.00/hr Office Clerical 55.00/hr. Construction Manager 85.00/hr. Office Manager 88.00/hr. Construction Observer I 65.00/hr. • Construction Observer II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8V2x11) 0.300/ea. • Express Messenger 15.00/ea. Bond Copy(8'Y2x14) 0.55/ea. Mileage .55/mi. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8'/2x11) 1.00/ea. Color Copy(8%x14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea 5 h are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 ACCEPTANCE AND REJECTION OF BIDS: Bids will be compared on the basis of unit bid prices and the schedule of prices on file in the Office of the City Engineer. The lowest bid will be determined on the basis of the total cost. If no bid is received within the Engineer's Estimate, no award shall be.made upon any bids received until after fifteen calendar days have elapsed from the time of the original bid date. Within the fifteen calendar days anyone desiring to may file a bid with the Public Works Director, providing such be within his estimate and be accompanied by a deposit or other guaranty of performance similar to that required by bidders upon the work under the advertisement calling for bids. The City reserves the right to accept the lowest base bid; to consider deductive alternatives; to reject any or all bids; and to waive irregularities or informalities in any bid. Bids received after the specified time of closing will be returned unopened. THE CITY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS IN THEIR ENTIRETY; BIDDERS HAVE THE RIGHT TO APPEAL ANY REJECTION DECISION TO THE CITY COUNCIL. AWARD OF CONTRACT: The City Council will award the contract as early as practicable after the tabulation of said bids to the lowest responsible bidder, whereupon all other bids will stand rejected, and the Proposal Guarantee of all bidders not successful will be returned. The Proposal Guarantee of the successful bidder will be returned upon approval of the contract and bond by the City Council. SIGNATURE OF BIDDER: Each bidder shall sign his Proposal using his usual signature and giving his full business address. Bids by partnerships shall be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representative. Bids by corporations shall be signed with the name of the corporation followed by the signature and designation of the president, secretary or other person authorized to bind the corporation. Anyone signing a Proposal as agent for another,or otherwise,must file with the Proposal,evidence acceptable to the City of his authority to do so. INTERPRETATION OF CONTRACT.DOCUMENTS: If any person who contemplates submitting a bid is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, he may submit to the City Engineer a written request for an interpretation thereof. The person submitting the request shall be responsible for its prompt delivery. Interpretation of the proposed contract documents will be made only by addendum. A copy of each addendum will be mailed or delivered to each person obtaining a set of contract documents from the City Engineer. The City will not be responsible for any other explanations or interpretations of the proposed contract documents. LOCAL CONDITIONS AFFECTING WORK: Each bidder shall visit the site of the work and shall completely inform himself relative to construction hazards and procedure, labor and all other conditions and factors, local and otherwise, which would affect prosecution and completion of the work and its cost. Such considerations shall include the arrangement and condition of existing structures and facilities, the availability and cost of labor, and facilities for transportation, handling and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of the bidder's proposal. There will be no subsequent financial adjustment for lack of such prior information. Construction NB-2 6/97 rver II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8V2x11) 0.300/ea. • Express Messenger 15.00/ea. Bond Copy(8'Y2x14) 0.55/ea. Mileage .55/mi. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8'/2x11) 1.00/ea. Color Copy(8%x14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea 5 h are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 TIME OF COMPLETION: The time of completion is an essential part of the contract and it will be necessary for each bidder to satisfy the City of his ability to complete the work within the allowable time set forth in the Proposal. In this connection, attention is directed to the Special Provisions and the City of Omaha Standard Specifications for Public Works Construction,2003 Edition of the City of Omaha relative to delays, extensions of time and liquidated damages. STATE SALES TAX: The City of Omaha will furnish the successful contractor with a "Purchasing Agent Appointment and Exempt Sale Certificate" Form No. 92, for all items which are considered by the State of Nebraska to be exempt from the State Sales Tax. NEBRASKA LEGAL REQUIREMENTS: The successful bidder must be qualified to do business in the State of Nebraska before performing the contract;all as required by Nebraska State Statutes and amendments thereto. PERFORMANCE BOND: The successful bidder shall furnish within ten (10)business days after the award, a Contract and a Performance, Payment and Guarantee Bond on forms required by the City, in the full amount of the contract as security for the faithful performance of the contract and the payment of all persons performing labor or furnishing materials in connection with the contract. This security shall also cover the guarantee required by the contract for the period of guarantee stated in the Proposal(See Section 3.05). SURETY: The surety on the Contract and the Performance, Payment and Guarantee Bond shall be a duly authorized surety company,licensed to do business in the State of Nebraska,satisfactory to the City of Omaha. No surety company will be acceptable as bondsman that has no permanent agent or representative in the City of Omaha,Nebraska,Douglas County or Sarpy County upon whom notices may be served; service of said notice on said agent or representative in the City of Omaha shall be equal to service of notice on the president or such other officer of the surety company as maybe be concerned. Should the surety company acting as bondsman remove its permanent agent or representative from the City of Omaha, Douglas County or Sarpy County,the contractor shall then furnish the City of Omaha with a new surety bond conforming to the above described requirements. BOUND COPY OF CONTRACT DOCUMENT: The Proposal or other bidding forms shall not be removed from the bound copy of contract documents. The copy of contract documents filed with each bid shall be complete and shall include all items listed in the Table of Contents and all addenda. EFFECT OF SUBMITTAL OF BID: The bidder's submittal of necessary proposal or other bidding forms, signed by the bidder shall constitute agreement by the bidder to all of the contract documents. COPIES OF SPECIFICATIONS AND/OR PLANS: Copies of the specifications and/or plans for use in preparing bids may be obtained from the Public Works Department, 6th Floor, General Services Division, Omaha/Douglas Civic Center, 1819 Fainam Street,Omaha,Nebraska 68183. The contractor to whom a contract is awarded will be furnished, without cost to him, seven (7) copies of the specifications and/or plans, together with all addenda thereto. Additional specifications and/or plans may be obtained from the City Engineer at cost. Construction NB-3 8/2010 ng and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of the bidder's proposal. There will be no subsequent financial adjustment for lack of such prior information. Construction NB-2 6/97 rver II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8V2x11) 0.300/ea. • Express Messenger 15.00/ea. Bond Copy(8'Y2x14) 0.55/ea. Mileage .55/mi. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8'/2x11) 1.00/ea. Color Copy(8%x14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea 5 h are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 • • Proposal for Project No: OPW52230-PD,W Omaha,Nebraska Bid Opening Date: 11 April 2012 Mayor and City Council City of Omaha Omaha,Nebraska The undersigned,having carefully examined the plans, specifications and all addenda thereto, and other contract documents,for the construction of: The Florence Streetscape,North 30th Street,Willit to Clay Streets being OPW52230-PD,W and having carefully examined the site of work and become familiar with all local conditions including labor affecting the cost thereof, do thereby propose to furnish all labor, mechanics, superintendence, tools, material, equipment and all utilities, transportation and services necessary to perform and complete said work, and work incidental thereto, in a workmanlike manner, as described in said plans, specifications and other contract documents, including Addenda Numbers .i / issued thereto for the base bid sum .94, 9441/4/14414f DOLLARS . and 47 f CENTS($ f 89, ) The undersigned further certifies that he has personally inspected the actual location of the work, together with the local sources of supply, and that he understands the conditions under which the work is to be performed, or that if he has not so inspected the site and conditions of the work, that he waives all right to plead any misunderstanding regarding the work required or conditions peculiar to the same. The undersigned understands that the "QUANTITY" called for in the "SCHEDULE OF PRICES" is subject to increase or decrease, and hereby proposes to perform all quantities of work, as increased or decreased, in accordance with the plans and the provisions of the specifications at the unit price bid. The following is the itemized proposal: Construction P-1 8/97 pon whom notices may be served; service of said notice on said agent or representative in the City of Omaha shall be equal to service of notice on the president or such other officer of the surety company as maybe be concerned. Should the surety company acting as bondsman remove its permanent agent or representative from the City of Omaha, Douglas County or Sarpy County,the contractor shall then furnish the City of Omaha with a new surety bond conforming to the above described requirements. BOUND COPY OF CONTRACT DOCUMENT: The Proposal or other bidding forms shall not be removed from the bound copy of contract documents. The copy of contract documents filed with each bid shall be complete and shall include all items listed in the Table of Contents and all addenda. EFFECT OF SUBMITTAL OF BID: The bidder's submittal of necessary proposal or other bidding forms, signed by the bidder shall constitute agreement by the bidder to all of the contract documents. COPIES OF SPECIFICATIONS AND/OR PLANS: Copies of the specifications and/or plans for use in preparing bids may be obtained from the Public Works Department, 6th Floor, General Services Division, Omaha/Douglas Civic Center, 1819 Fainam Street,Omaha,Nebraska 68183. The contractor to whom a contract is awarded will be furnished, without cost to him, seven (7) copies of the specifications and/or plans, together with all addenda thereto. Additional specifications and/or plans may be obtained from the City Engineer at cost. Construction NB-3 8/2010 ng and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of the bidder's proposal. There will be no subsequent financial adjustment for lack of such prior information. Construction NB-2 6/97 rver II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8V2x11) 0.300/ea. • Express Messenger 15.00/ea. Bond Copy(8'Y2x14) 0.55/ea. Mileage .55/mi. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8'/2x11) 1.00/ea. Color Copy(8%x14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea 5 h are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 Itemized Proposal P-2 Lump Sum Base Bid as indicated on the Contract Documents: $ y46/ � ALTERNATES ALTERNATE#1: Construct twelve(12)head in parking stalls and five(5)parallel parking stalls and new sidewalk on Clay Street as shown within the Contract Documents. ALTERNATE#1 ADD $ 27 3 7 / co ALTERNATE #2: Construct nine (9) head in parking stalls, new concrete sidewalk, and relocation of historical marker signage on Willit Street as shown within the Contract Documents. ALTERNATE#2 ADD $ / go 5 el° 0 f q; f 4 n9 jcry' �J ClrOnt • �W�Cry�b-3 4,.. ,•, Building Construction P-2 1 e Director 02) Human Rights and Relations Director Approved: qe,e.tA41-i ,d '/. Stubbe, P.E. Date orks Director Plnlsf1679-cover letter The City of Omaha will furnish the successful contractor with Form No. 92, PURCHASING AGENT APPOINTMENT AND EXEMPT SALE CERTIFICATE, for all material items required in the construction of this project,which the State of Nebraska considers to be exempt from the State Sales Tax. For each bid item, the bidder shall quote a TOTAL UNIT PRICE. The UNIT PRICE shall include all costs, including material, necessary to complete the UNIT item of work. Failure to quote a TOTAL UNIT PRICE may be cause for rejection of the proposal. In the event of discrepancy between the TOTAL PRICE quoted in the proposal and a correct summation of the products of QUANTITY and TOTAL UNIT PRICES the latter shall control. The undersigned hereby agrees to furnish the required bonds and to sign the contract within ten (10) business days from and after the acceptance of this proposal,and further agrees to begin and complete all work covered by the plans and specifications within the time limits set forth herein. Accompanying this proposal, as a guaranty that the undersigned will execute the contract agreement and furnish a satisfactory bond in accordance with the terms and requirements of the specifications, is a cashier's check, a certified check,United States Government Bond(negotiable)or a bidder's bond for 5% 0 f f3io It is hereby agreed that in case of failure of the undersigned either to execute the contract agreement or to furnish satisfactory contract bond within ten (10) days after receipt of NOTICE TO AWARD, the amount of this proposal guaranty will be retained by the City of Omaha,Nebraska, as liquidated damages arising out of the failure of the undersigned either to execute the contract agreement or to furnish bonds as proposed. It is understood that in case the undersigned is not awarded the work, the proposal guaranty will be returned as provided in the specifications. The undersigned agrees to accomplish the work in its entirety within a period of 90 calendar days and shall be prepared to begin no later than 14 May 2012 and to forfeit liquidated damages as set forth in Section 8.09 of the Specifications in the event of over-run of time. The undersigned also agrees, if awarded the Contract, to furnish bonds as required by the specifications for the faithful performance of the work and guarantee workmanship and material under Contract for a period of two(2) years from the date of final acceptance of the work. Construction P-3 8/2010 copy of contract documents filed with each bid shall be complete and shall include all items listed in the Table of Contents and all addenda. EFFECT OF SUBMITTAL OF BID: The bidder's submittal of necessary proposal or other bidding forms, signed by the bidder shall constitute agreement by the bidder to all of the contract documents. COPIES OF SPECIFICATIONS AND/OR PLANS: Copies of the specifications and/or plans for use in preparing bids may be obtained from the Public Works Department, 6th Floor, General Services Division, Omaha/Douglas Civic Center, 1819 Fainam Street,Omaha,Nebraska 68183. The contractor to whom a contract is awarded will be furnished, without cost to him, seven (7) copies of the specifications and/or plans, together with all addenda thereto. Additional specifications and/or plans may be obtained from the City Engineer at cost. Construction NB-3 8/2010 ng and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of the bidder's proposal. There will be no subsequent financial adjustment for lack of such prior information. Construction NB-2 6/97 rver II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8V2x11) 0.300/ea. • Express Messenger 15.00/ea. Bond Copy(8'Y2x14) 0.55/ea. Mileage .55/mi. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8'/2x11) 1.00/ea. Color Copy(8%x14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea 5 h are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 If awarded the Contract, our Surety will be E. . sv,r...u.,(4_ Coen,AA).e S • (Name of Surety Company) of A-5 es _7;4 • Respectfully submitted, Signature of Bidder: • (a) If an individual doing business as: • (b) If a Partnership: Member of Firm Member of Firm (c) If a Corporation: 3-CV/VA.) (c./-).57-. C.e>. ame of Corpi joration Officer Pefg5: Title Witness ATTEST: Business Address and Telephone No.: boot A/ eV7-1 c24441-i-g,A/4 a Parrgtiniii:L • S7i-- ///D OPENED LW 4x( z) (S-7/- 346 APR 11 2012 0 in Construction P-4 8/97 recrieci 1679-cover letter "CERTIFICATE " • A Corporate Contractor,in submitting this Proposal,hereby represents that the Corporation has complied with all Nebraska Statutory requirements, which are prerequisite to its being qualified to do business in the State of Nebraska, or that it will take all steps necessary to so qualify,if the successful bidder. citzfs/A) aZsiL . , . Name of Corporatio A-64. ` Officer AF.0 Title If Foreign Corporation: Nebraska Resident Agent Construction P-5 8/97 boot A/ eV7-1 c24441-i-g,A/4 a Parrgtiniii:L • S7i-- ///D OPENED LW 4x( z) (S-7/- 346 APR 11 2012 0 in Construction P-4 8/97 recrieci 1679-cover letter • 9 U£* t . i73\ : E \ . - • . . \ � \ . . P.Y7I. 1 \ . . . , a • . » ^ gym . . . ee w . . . , ( uw - . : . ( • —-- citzfs/A) aZsiL . , . Name of Corporatio A-64. ` Officer AF.0 Title If Foreign Corporation: Nebraska Resident Agent Construction P-5 8/97 boot A/ eV7-1 c24441-i-g,A/4 a Parrgtiniii:L • S7i-- ///D OPENED LW 4x( z) (S-7/- 346 APR 11 2012 0 in Construction P-4 8/97 recrieci 1679-cover letter TO TI IE CITY OF OMAHA: CERTIFICATE Undersigned hereby certifies that all equipment to be used by undersigned in the performance of the contract pertaining to the project for: The Florence Streetscape,North 30th Street,Willit to Clay Streets being OPW_52230-PD,W Ili I and pursuant to Contract between undersigned and the City of Omaha has been assessed for taxation for the current year, except as to equipment acquired since the assessment date. Said equipment has been assessed in i Douglas County Nebraska State. The Certificate above is submitted pursuant to the requirements of Section 77-1323, Reissue Revised Statutes of Nebraska. 1943,as amended. The Contractor further certifies that all non-salvaged material removed from the project will be disposed of at the following approved and permitted locations(s): A&S Concrete Recycling, Inc., 6002 N. 89th Circle, Omaha, NE 68134 The City must be informed of any additions or changes in such location(s). Swain Construction, Inc. A(n) Corporation Contractor's Name (Specify: Corporation. Partnership, or Individ a By: - <c/ _ , � 1. (" itl sp'ci(y: 'resident, Partner. r )caner) Attest. ¢/ ~ Secretary (i corporation) STATE OF NEBRASKA ) )SS. COUNTY OF DOUGI,AS ) • t7 ULdtz.J./ and- c7L/Z1--itJ - being first duly sworn on oath depose and say that they are President and Secretary, respectively,of a ( �s� t-t-4-171-- ; that they have read the foregoing Certificate, know its contents,and the same are true. SUBSCRIBED and sworn to before me this /7 _day A.D. 20 /e'L- _C 3 ' '/C- My Commission Expires / /°2.• .a Notary Public A GENERAL NOTARY-State of Nebraska LISA M. ROBBINS e_... }7.--"a My Comm.Exp.May 1,2012 2012 and to forfeit liquidated damages as set forth in Section 8.09 of the Specifications in the event of over-run of time. The undersigned also agrees, if awarded the Contract, to furnish bonds as required by the specifications for the faithful performance of the work and guarantee workmanship and material under Contract for a period of two(2) years from the date of final acceptance of the work. Construction P-3 8/2010 copy of contract documents filed with each bid shall be complete and shall include all items listed in the Table of Contents and all addenda. EFFECT OF SUBMITTAL OF BID: The bidder's submittal of necessary proposal or other bidding forms, signed by the bidder shall constitute agreement by the bidder to all of the contract documents. COPIES OF SPECIFICATIONS AND/OR PLANS: Copies of the specifications and/or plans for use in preparing bids may be obtained from the Public Works Department, 6th Floor, General Services Division, Omaha/Douglas Civic Center, 1819 Fainam Street,Omaha,Nebraska 68183. The contractor to whom a contract is awarded will be furnished, without cost to him, seven (7) copies of the specifications and/or plans, together with all addenda thereto. Additional specifications and/or plans may be obtained from the City Engineer at cost. Construction NB-3 8/2010 ng and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of the bidder's proposal. There will be no subsequent financial adjustment for lack of such prior information. Construction NB-2 6/97 rver II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8V2x11) 0.300/ea. • Express Messenger 15.00/ea. Bond Copy(8'Y2x14) 0.55/ea. Mileage .55/mi. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8'/2x11) 1.00/ea. Color Copy(8%x14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea 5 h are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 SHOP DRAWING TRANSMITTAL FORM City of Omaha General Services Division Public Works Department, 6th Floor Omaha/Douglas Civic Center • 1819 Farnam Street Omaha.Nebraska 68183 Date: transmittal Number 1st Submittal Resubmitiai (Previous Transmittal Number - ) Project Location Specification Section Number — Paragraph Drawing or Action No. Description of Equipment Manufacturer Data No. Taken • Contractor Mailing Address • (THIS SPACE FOR ARCHITECT- ENGINEER) Date: The above drawings are returned with action as designated above in accordance with the following legend: II A - No Exception Taken City of Omaha B Maker Con-ections Noted Public Works Department C Revise and Resubmit D Rejected • E - Submit Specified Item BY SDTF-l 6/97 1 tion Contractor's Name (Specify: Corporation. Partnership, or Individ a By: - <c/ _ , � 1. (" itl sp'ci(y: 'resident, Partner. r )caner) Attest. ¢/ ~ Secretary (i corporation) STATE OF NEBRASKA ) )SS. COUNTY OF DOUGI,AS ) • t7 ULdtz.J./ and- c7L/Z1--itJ - being first duly sworn on oath depose and say that they are President and Secretary, respectively,of a ( �s� t-t-4-171-- ; that they have read the foregoing Certificate, know its contents,and the same are true. SUBSCRIBED and sworn to before me this /7 _day A.D. 20 /e'L- _C 3 ' '/C- My Commission Expires / /°2.• .a Notary Public A GENERAL NOTARY-State of Nebraska LISA M. ROBBINS e_... }7.--"a My Comm.Exp.May 1,2012 2012 and to forfeit liquidated damages as set forth in Section 8.09 of the Specifications in the event of over-run of time. The undersigned also agrees, if awarded the Contract, to furnish bonds as required by the specifications for the faithful performance of the work and guarantee workmanship and material under Contract for a period of two(2) years from the date of final acceptance of the work. Construction P-3 8/2010 copy of contract documents filed with each bid shall be complete and shall include all items listed in the Table of Contents and all addenda. EFFECT OF SUBMITTAL OF BID: The bidder's submittal of necessary proposal or other bidding forms, signed by the bidder shall constitute agreement by the bidder to all of the contract documents. COPIES OF SPECIFICATIONS AND/OR PLANS: Copies of the specifications and/or plans for use in preparing bids may be obtained from the Public Works Department, 6th Floor, General Services Division, Omaha/Douglas Civic Center, 1819 Fainam Street,Omaha,Nebraska 68183. The contractor to whom a contract is awarded will be furnished, without cost to him, seven (7) copies of the specifications and/or plans, together with all addenda thereto. Additional specifications and/or plans may be obtained from the City Engineer at cost. Construction NB-3 8/2010 ng and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of the bidder's proposal. There will be no subsequent financial adjustment for lack of such prior information. Construction NB-2 6/97 rver II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8V2x11) 0.300/ea. • Express Messenger 15.00/ea. Bond Copy(8'Y2x14) 0.55/ea. Mileage .55/mi. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8'/2x11) 1.00/ea. Color Copy(8%x14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea 5 h are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 CONTRACT THIS CONTRACT is made and.entered into in TRIPLICATE by and between the City of Omaha, a Municipal Corporation of the Metropolitan Class in Nebraska,hereinafter called City,and WAI/4 60jrs-rfv poi ce. hereinafter called Contractor. In consideration of the following mutual agreements and covenants, it is understood and agreed by the Parties hereto that: 1. Contractor does hereby agree and undertake to construct The Florence Streetscape,North 30`h Street,Willit to Clay Streets being OPW52230-PD,W also referred to hereinafter as work, in accordance with the terms and provisions hereof and subject to the quantity provisions in the accepted Proposal of Contractor for the sum of .re u r kkAtiOtr.e.ei i' -S eie klJt-(,s a -d 51)CD1.- c Dollars ($ 4S1) 0664' ) under penalty of Performance,Payment and Guarantee Bond. 2. Contractor shall conform with the applicable specifications and/or plans, applicable Special Provisions and any applicable Change Order or Addenda pertaining thereto or to this Contract, all of which by reference thereto are made a part hereof.Applicable Notice to Bidders,Instruction to Bidders, Bid or Proposal of Contractor, Resolution awarding this Contract, the Performance, Payment and Guarantee Bond, and all' proceedings by the governing body of the City relating to the aforesaid work are made a part hereof by reference thereto. 3. The Contractor shall furnish all tools, labor, mechanics for labor, equipment and materials to construct said work in accordance with the provisions of this Contract and all applicable specifications and/or plans and provisions herein referred to. 4. The City agrees to pay the Contractor in accordance with the provisions of the specifications and/or plans,the accepted Proposal of the Contractor,and the Provisions of this Contract. 5.All provisions of each document and item referred to in Paragraph 2 above shall be strictly complied with the same as if rewritten herein, and no substitution or change shall be made except upon written direction, the form of which shall be by written "Change Order" of the City; and substitution or change shall in no manner be construed to release either party from any specified or implied obligation of this Contract except as specifically provided for in the Change Order. 6. Contractor does hereby state, warrant and covenant that he or it has not retained or employed any company, or person, other than bona fide employees working for said Contractor to solicit or secure this Contract, and that he or it has not paid or agreed to pay any company or person,other than bona fide employees working solely for the Contractor, any fee commission, percentage, brokerage fee, gifts, or any other consideration,contingent upon or resulting from the award or making of this Contract.For breach or violation of this statement, warrant and covenant, the City of Omaha shall have the right to annul this Contract without liability. Construction C-1 6/97 contractor to whom a contract is awarded will be furnished, without cost to him, seven (7) copies of the specifications and/or plans, together with all addenda thereto. Additional specifications and/or plans may be obtained from the City Engineer at cost. Construction NB-3 8/2010 ng and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of the bidder's proposal. There will be no subsequent financial adjustment for lack of such prior information. Construction NB-2 6/97 rver II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8V2x11) 0.300/ea. • Express Messenger 15.00/ea. Bond Copy(8'Y2x14) 0.55/ea. Mileage .55/mi. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8'/2x11) 1.00/ea. Color Copy(8%x14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea 5 h are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 7. Contractor shall conform with all applicable City Ordinances, with all applicable State and Federal Laws,and with all applicable Rules and Regulations. 8. Contractor shall furnish Performance, Payment and Guarantee Bond in an amount at least equal to one hundred percent(100%)of the Contract Price. 9. City, its officers employees, agents and representatives, at all times shall have access to the work whenever it is in preparation of progress, and the Contractor shall provide proper facilities for such access and inspection by them. 10. Contractor shall indemnify and save harmless the City of Omaha, its officers, employees, agents and representatives from all claims, suits or actions of every kind and character made upon or brought against the said City of Omaha, its officers, employees, agents and representatives for or on account of any injuries or damages received or sustained by any party or parties by or from the acts of the said Contractor or its servants, agents, representatives, and subcontractors, in doing the work herein contracted for, or by or in consequence of any negligence in guarding the same or any improper material used in its construction, or by or on account of any • act or omission of said Contractor or its servants, agents, representatives, and subcontractors, and also from all claims of damage for infringement of any patent in fulfilling this Contract. 11. The Contractor shall carry public liability insurance to indemnify the public for injuries sustained by reason of carrying on the work.The coverage shall provide the following minimum limits: Bodily Injury $200,000 or Under Over$200,000 Each Person $ 500,000 $1,000,000 Each Occurrence $1,000,000 $5,000,000 Aggregate Products and Completed Operations $1,000,000 $5,000,000 Property Damage $200,000 or Under Over$200,000 Each Occurrence $ 500,000 $ 500,000 Aggregate $1,000,000 $1,000,000 and shall name the City as additional insured with the Contractor. Attention is drawn to the City of Omaha Standard Specifications for Public Works Construction,2003 Edition for further details. 12. Contractor shall pay to the Unemployment Compensation Fund of the State of Nebraska, unemployment contributions and interest due under the laws of the State of Nebraska on wages paid to individuals employed in the performance of this Contract, and shall submit to the City of Omaha a written clearance from the Commissioner of Labor of the State of Nebraska certifying that all payment due of contributions and interest which may have arisen under this Contract have been paid by the Contractor, or his subcontractor, to the State of Nebraska Unemployment Compensation Fund. Payment of the final three percent (3%)of the total amount of the Contract shall be withheld until this provision has been complied with as required by Section 48-657 R.R.S. 1943,as amended. 13. Contractor shall submit,when requested, evidence satisfactory to the City that all payrolls, material bills,and other indebtedness pertaining to the aforesaid work have been paid. 14. The Contractor shall not, in the performance of this Contract discriminate or permit discrimination against any person because of race, sex, age, or political or religious opinions or affiliations or disability in violation of Federal or State Statutes or Local Ordinances and further the Contractor shall comply with Article V of Chapter 10 of the Omaha Municipal Code pertaining to Civil Rights and Human Relations. 15. Contractor shall procure a policy, or policies, or insurance which shall guarantee payment of compensation according to the Workmen's Compensation Laws of Nebraska for all workmen injured in the scope of employment; and further agrees to keep said policy, or policies, in full force and effect throughout the terms of this Contract. In addition, all other insurance in any way required of Contractor shall be procured by the Contractor and kept in force by Contractor throughout the term of this Contract. Certificate or Construction C-2 10/2009 y(30 x 42) 5.00/ea Color Copy(8'/2x11) 1.00/ea. Color Copy(8%x14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea 5 h are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 i + • 1 The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City Charter to approve immediate purchases. Dated at Omaha Nebraska this 21411 riav of . 20 / Z— . A'ITES'E': CITY 0 OMAHA, A MUNICIPAL CORPORATION By City Clerk Mayor GfE1444Qe/Resolution No. Sq02, passed on SEAL OF THE CITY OF OMAHA: _ / ,20 /2 Swain Construction, Inc. Contractor 6002 N 89th Circle • Street Address ' ' Omaha NE 68134 A". ' 'ST: City State Zip Code • B 7 t—feit} Secretary of (Corporate) ontractor CORPORATE SEAL: Title: President STIPULATIONS: CORPORATE CONTRACTOR: (I) Attach certified copy of resolution authorizing execution of this Contract; • (2) Submit certificate showing corporation is qualified to do business in Nebraska. NON-CORPORATE CONTRACTOR: State Identity: Sole Owner(s); Partnership. If a Partnership, state names and addresses of all. Construction C-4 6/97 • vide the following minimum limits: Bodily Injury $200,000 or Under Over$200,000 Each Person $ 500,000 $1,000,000 Each Occurrence $1,000,000 $5,000,000 Aggregate Products and Completed Operations $1,000,000 $5,000,000 Property Damage $200,000 or Under Over$200,000 Each Occurrence $ 500,000 $ 500,000 Aggregate $1,000,000 $1,000,000 and shall name the City as additional insured with the Contractor. Attention is drawn to the City of Omaha Standard Specifications for Public Works Construction,2003 Edition for further details. 12. Contractor shall pay to the Unemployment Compensation Fund of the State of Nebraska, unemployment contributions and interest due under the laws of the State of Nebraska on wages paid to individuals employed in the performance of this Contract, and shall submit to the City of Omaha a written clearance from the Commissioner of Labor of the State of Nebraska certifying that all payment due of contributions and interest which may have arisen under this Contract have been paid by the Contractor, or his subcontractor, to the State of Nebraska Unemployment Compensation Fund. Payment of the final three percent (3%)of the total amount of the Contract shall be withheld until this provision has been complied with as required by Section 48-657 R.R.S. 1943,as amended. 13. Contractor shall submit,when requested, evidence satisfactory to the City that all payrolls, material bills,and other indebtedness pertaining to the aforesaid work have been paid. 14. The Contractor shall not, in the performance of this Contract discriminate or permit discrimination against any person because of race, sex, age, or political or religious opinions or affiliations or disability in violation of Federal or State Statutes or Local Ordinances and further the Contractor shall comply with Article V of Chapter 10 of the Omaha Municipal Code pertaining to Civil Rights and Human Relations. 15. Contractor shall procure a policy, or policies, or insurance which shall guarantee payment of compensation according to the Workmen's Compensation Laws of Nebraska for all workmen injured in the scope of employment; and further agrees to keep said policy, or policies, in full force and effect throughout the terms of this Contract. In addition, all other insurance in any way required of Contractor shall be procured by the Contractor and kept in force by Contractor throughout the term of this Contract. Certificate or Construction C-2 10/2009 y(30 x 42) 5.00/ea Color Copy(8'/2x11) 1.00/ea. Color Copy(8%x14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea 5 h are the sole responsibility of the obtains the plans and specifications from or through the Owner Contractor. The A/E's review shall be conducted with reasonable without the written authorization of the A/E. promptness while allowing sufficient time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 1 • certificates of insurance, or copies of policies, if required by any Department of the City, shall be filed by the Contractor with the Public Works Department of the City of Omaha. 16. Except as may otherwise be required by applicable law, payment of any balance due Contractor under this Contract shall be made by the City to the Contractor upon completion of Contractor's work and obligations in accordance with the Contract, upon acceptance thereof by the City, and upon submission of certificate by Contractor in accordance with Paragraph 11 above. No payment by City shall in any way constitute any waiver • .0.._.. .. .�.. rn•. v� uuy iiguw vi ny. 17. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City contract. A violation of that section with the knowledge of the Contractor, in addition to constituting employee malfeasance, shall be cause for the City to unilaterally terminate or void this Agreement. 18. Contractor shall pay all just claims due for the payment of all employees and mechanics for labor that shall be performed, for the payment of all material and equipment furnished, and for the payment of material and equipment rental which is actually used or rented in the performance of the Contract. 19. In accordance with the provisions of Legislative Bill 126 of the Seventy-Third Session of the Legislature of Nebraska (1963) and amendments, if an everperson, partnership,Y> y 1 P, association, or corporation furnishing labor or material in the repair, alteration, improvement, erection or construction of any public improvement shall furnish a certified statement to be attached to the Contract that all equipment to be used on the project, except that acquired since the assessment date, has been assessed for taxation for the current year,giving the county were assessed. It shall be the duty of the Contractor to comply with the foregoing requirements and to assure compliance therewith by all others required to comply therewith for labor or material furnished in the performance undertaken hereunder by the Contractor. 20. The parties hereto acknowledge that, as of the date of the execution of this Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a)by ten percent, if the original bid price is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-live thousand dollars ($75,000) or more, shall be approved by, the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. 21. LB 403 Contract Provisions- NEW EMPLOYEE WORK ELIGIBILITY STATUS-The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. 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. I 324a, 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: I) The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at www.ras_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. Construction C-3 10/2009 ent time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 • Employee Classification Act Provision. Each contractor and subcontractor who performs construction or delivery service pursuant to this contract shall submit to the City an affidavit attesting that(1) each individual performing services for such contractor is properly classified under the Nebraska Employee Classification Act, 2010 LB 563 ("the Act"), (2) such contractor has completed a federal 1-9 immigration form and has such form on file for each employee performing services, 11) such rnntrartni I' rnm»liart with Neh Rev. Stat. ..CCtiO., f 1 1 4 (f 1 ..._ .. r.. .. . . ...... ...... �.,.,.wu �-� �-r t��u�rcL verification system), (4) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker, and(5) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. The contractor shall follow the provisions of the Act. A violation of the Act by a contractor is grounds for rescission of the contract by the City. • - • 1 Construction C-5 6/2010 performed, for the payment of all material and equipment furnished, and for the payment of material and equipment rental which is actually used or rented in the performance of the Contract. 19. In accordance with the provisions of Legislative Bill 126 of the Seventy-Third Session of the Legislature of Nebraska (1963) and amendments, if an everperson, partnership,Y> y 1 P, association, or corporation furnishing labor or material in the repair, alteration, improvement, erection or construction of any public improvement shall furnish a certified statement to be attached to the Contract that all equipment to be used on the project, except that acquired since the assessment date, has been assessed for taxation for the current year,giving the county were assessed. It shall be the duty of the Contractor to comply with the foregoing requirements and to assure compliance therewith by all others required to comply therewith for labor or material furnished in the performance undertaken hereunder by the Contractor. 20. The parties hereto acknowledge that, as of the date of the execution of this Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a)by ten percent, if the original bid price is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-live thousand dollars ($75,000) or more, shall be approved by, the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. 21. LB 403 Contract Provisions- NEW EMPLOYEE WORK ELIGIBILITY STATUS-The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. 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. I 324a, 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: I) The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at www.ras_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. Construction C-3 10/2009 ent time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 - AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT STALE OF ) ss. COUNTY OF ,e .(��) 1. Linda Swain . beim/. first duly sworn under oath, state and depose as follows: I. I am competent to testify to, and have personal knowledge of, the matters stated in this affidavit. I � 2. l am (a contractor) (the authorized agent of the contractor Swain Construction, Imo: I attest to the following: (a) each individual performing services for such contractor is properly classified under the Nebraska Employee Classification Act, 2010 1.13 563 ("the Act"), (b) such contractor has completed a federal 1-9 immigration torn and has such form on tile for each employee performing services. (c) such contractor has complied with Neb. Rev. Stat. section 4-I 14 (federal immigration verification system). (d) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker, and (c) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. FURTHER AFFIAN[ SAYE'I I I NAUGHT. Affiant SUBSCRIBED ANI) SWORN TO before me this /7 day of L wl�. 20' GENERAL NOTARY-State of Nebraska GENERAL M. ROBBINS C7yC.�Q� /77. — ���,`. My Comm.Exp.May 1,2012 Notary Public Construction C-6 6/20 10 Third Session of the Legislature of Nebraska (1963) and amendments, if an everperson, partnership,Y> y 1 P, association, or corporation furnishing labor or material in the repair, alteration, improvement, erection or construction of any public improvement shall furnish a certified statement to be attached to the Contract that all equipment to be used on the project, except that acquired since the assessment date, has been assessed for taxation for the current year,giving the county were assessed. It shall be the duty of the Contractor to comply with the foregoing requirements and to assure compliance therewith by all others required to comply therewith for labor or material furnished in the performance undertaken hereunder by the Contractor. 20. The parties hereto acknowledge that, as of the date of the execution of this Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a)by ten percent, if the original bid price is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-live thousand dollars ($75,000) or more, shall be approved by, the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. 21. LB 403 Contract Provisions- NEW EMPLOYEE WORK ELIGIBILITY STATUS-The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. 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. I 324a, 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: I) The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at www.ras_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. Construction C-3 10/2009 ent time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 PERFORMANCE, PAYMENT AND GUARANTEE BOND # S406007 KNOW ALL MEN BY THESE PRESENTS: That we Swain Construction, Inc. hereinafter called Principal,and Employers Mutual Casualty Company hereinafter called Surety, are held and firmly bound to the City of Omaha and hereby jointly and severally hind ourselves, executors, administrators, personal representative, successors, and assigns to the City of Omaha, a Municipal Corporation of the Metropolitan /�I Class in the State of Nebraska, hereinafter called City in the penal sum of Fo(Ar H.ue�t A 1/ ��' 5 �-e- I o QL-G,a/a,rad 4 !',j .X _ S IX ___ __Dollars(S_4 O, •O O ) lawful money of United States of America,to be paid to the City for the payment whereof the Principal and Surety hold themselves, their heirs, executors, administrators, personal representatives, successors and assigns jointly and severally by these presents. WHEREAS, The Principal is about to enter, or has entered, into a written Contract with the City for the construction by the Principal of The Florence Streetscape,North 30th Street,Willi( to Clay Streets _ also referred to as Project No. OI'W 92230-PD,W which Contract is made a part hereof by reference thereto the same as though fully set forth herein; NOW,'UllERt::FORE,the conditions of this obligation are such that: FIRS I': If the Principal shall faithfully perform the Contract on his or its part, shall satisfy all claims and demands incurred for the same, shall fully indemnify and save harmless the City from all cost and damage which said City may suffer by reason of failure so to do, and shall fully reimburse and repay said City all outlay and expense which said City may incur in making good any such default;and, • Construction B-1 6/97 ment shall furnish a certified statement to be attached to the Contract that all equipment to be used on the project, except that acquired since the assessment date, has been assessed for taxation for the current year,giving the county were assessed. It shall be the duty of the Contractor to comply with the foregoing requirements and to assure compliance therewith by all others required to comply therewith for labor or material furnished in the performance undertaken hereunder by the Contractor. 20. The parties hereto acknowledge that, as of the date of the execution of this Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a)by ten percent, if the original bid price is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-live thousand dollars ($75,000) or more, shall be approved by, the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. 21. LB 403 Contract Provisions- NEW EMPLOYEE WORK ELIGIBILITY STATUS-The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. 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. I 324a, 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: I) The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at www.ras_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. Construction C-3 10/2009 ent time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 SECOND: The Principal shall indemnify and save harmless the City of Omaha, its officers, employees, and agents from all claims, suits, or actions of every kind and character made upon or brought against the said City of Omaha, its officers, employees and agents, for or on account of any injuries and damages received or sustained by any party or parties by or from the acts or omissions of the said Contractor or his or its servants, agents. and subcontractors. in performing under said Contract. or by or in consequence, or by or on account of any act or omission of said Contractor or his or its servants, agents, and subcontractors, and also from all claims of damage for infringement of any patent in fulfilling said Contract;and, THIRD: The Principal and Surety on this Bond hereby agree to pay all persons, firms or corporations having contracts directly with the Principal or with subcontractors,all just claims due them for the payment of all laborers and mechanics for labor that shall be performed, for the payment of all material and equipment furnished, and for the payment of material and equipment rental which is actually used or rented in the performance of the Contract on account of which this Bond is given; and, FOURTH: Principal and Surety are jointly and severally liable under the provisions hereof and action against either or both may proceed without prior action against the other, and both may be joined in one action; and, FIF'I'll: Work constructed for the City of Omaha under the specifications of the Contract of which this is a part hereof, shall be guaranteed as hereinafter more specifically set forth for the full number of years specified as set forth below. The term of guarantee shall be dated from the date of acceptance and as regards the respective projects shall he no less than the following: a. Permanent Paving Projects ' years h. Sewer Projects 2 years c. Street Resurfacing Projects 2 years d. Seal Coating Application Projects I year e. Sidewalk Projects ) years I'. Traffic Signals )years g. Bridges& Structures 2 years h. Seeding Sc Sodding I year Construction 13-2 7/29/04 formance undertaken hereunder by the Contractor. 20. The parties hereto acknowledge that, as of the date of the execution of this Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a)by ten percent, if the original bid price is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-live thousand dollars ($75,000) or more, shall be approved by, the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. 21. LB 403 Contract Provisions- NEW EMPLOYEE WORK ELIGIBILITY STATUS-The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. 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. I 324a, 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: I) The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at www.ras_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. Construction C-3 10/2009 ent time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 The Principal hereby binds himself and his heirs and assigns for the entire expense of the guarantee and for all repairs or reconstruction which may, from any imperfection in the said work or material, become necessary within the term of guarantee. The Principal further agrees to comet and repair promptly during that time all failures of whatsoever description and all settlements and irregularities of trenches, sidewalks, paving, other surfacing, sewers, drains or other structures caused by any imperfections in his workmanship or material and shall deliver the work in all respects in good condition at the end of that time; lf, at any time within the period of guarantee after the completion and acceptance of the work contract for,the work shall, in the judgment of the Engineer, require such repairs of reconstruction as above set out, he shall notify the Principal by certified mail and; should the Principal refuse or neglect to begin to make such repairs within twenty (20)days from the date of the service of such notice,then the City l-Ingineer shall have the right to cause such repairs or reconstruction to be made in such manner as he shall deem best; and the cost thereof shalt be paid by the Principal or his sureties; Then this obligation shall be null and void;otherwise it shall remain in full force and effect. Any Surety on this Bond shall he deemed and held, any Contract to the contrary notwithstanding, to consent without notice; . 'Co any extension of time to the Principal in which to periurm the•Contract. 3. 'fo any change in the flans, Specifications or Contract,when such change does not involve an increase of more than twenty percent(20°'0)of the total Contract Price,and shall then be released only as to such excess increase. 3. Chat no provision of this Bond or of any other contract shall be valid which limits to less than five years from time of acceptance of the work the right to sue on this Bond for defects in workmanship or material not discovered or known to the obligee at the time such work was accepted. Construction B-3 3/20/03 I'. Traffic Signals )years g. Bridges& Structures 2 years h. Seeding Sc Sodding I year Construction 13-2 7/29/04 formance undertaken hereunder by the Contractor. 20. The parties hereto acknowledge that, as of the date of the execution of this Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a)by ten percent, if the original bid price is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-live thousand dollars ($75,000) or more, shall be approved by, the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. 21. LB 403 Contract Provisions- NEW EMPLOYEE WORK ELIGIBILITY STATUS-The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. 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. I 324a, 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: I) The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at www.ras_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. Construction C-3 10/2009 ent time in the A/E's judgment to permit adequate review. Review of a specific item shall not 5. CODES AND STANDARDS COMPLIANCE: The A/E indicate that the AT has reviewed the entire assembly of which the shall put forth the reasonable efforts to comply with codes, item is a component. The A/E shall not be responsible for any regulations,laws,and statutes in effect as of the execution of this deviations from the contract documents not brought to the attention Agreement. of the AT in writing by the Contractor. The A/E shall not be required to review partial submissions or those which submissions 6. CONSTRUCTION OBSERVATION:The A/E shall visit the of correlated items have not been received. project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' 11. ADA COMPLIANCE: The Americans with Disabilities Act work and to determine if the work is proceeding in general (ADA) provides that it is a violation of the ADA to design and accordance with the Contract Documents. construct a facility for first occupancy later than January 26, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 SIGNED AND SEALED THIS 26th DAY OF April A.D., 20 12 IN THE PRESENCE OF: Swain Construction, Inc. Principal LCArtA 1Ada 9waiaiCJ�y Name* �. iS . Ro 6 6;n 5 \ 6002 N 89th Circle Omaha NE 68134 By " ") '`^,9' President Address Title: COUNTERSIGNED: (Attach Corporate Resolution of Principal Authorizing Execution) Resident Agent* Li a Berggren Employers Mutual Casualty Company Surety INSPRO Company Name PO Box 336 Address y Wahoo NE 68066 ney-in-Fact*) D nne K Kabou City State Zip Code AW` APPROVED AS TO FORM: • • City Attorney * Instructions: Type name of persons under signature of each. Construction R-`t 6/97 THE FACE AND REVERSE OF THIS DOCUMENT HAVE A COLORED FLAG ON WHITE PAPER EMC Insurance Companies® No. 982863 • P.O.Box 712•Des Moines,IA 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation 2. EMCASCO Insurance Company,an Iowa Corporation 6. EMC Property&Casualty Company,an Iowa Corporation 3. Union Insurance Company of Providence,an Iowa Corporation 7. Hamilton Mutual Insurance Company,an Iowa Corporation 4. Illinois EMCASCO Insurance Company,an Iowa Corporation hereinafter referred to severally as"Company"and collectively as"Companies",each does,by these presents,make,constitute and appoint: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE its true and lawful attorney-in-fact,with full power and authority conferred to sign,seal,and execute its lawful bonds,undertakings,and other obligatory instruments of a similar nature as follows: In an amount not exceeding Ten Million Dollars $10,000,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1,2014 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED:The President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1)appoint attorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof;and(2)to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company.The facsimile or mechanically reproduced signature of such officer,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power-of-attorney of the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF,the Companies have caused these presents to be signed for each by their officers as shown,and the Corporate seals to be hereto affixed this 2nd day of FEBRUARY , 2012 . /����/ , Seals ' � ' /�Ci�.'ONSU� - ;; LPA !, „PSY8,cg BruceG.Kell4J ,, airman Michael Freel so S� `0,,ORq',,„, a 00,POgq', o Q `OoPOA • G - of Companies 2,3,4,5&6;President Assistant Vice President/ Y7 `G fi^:f,- :Q'-. fR' - ;¢z 2�' fG;r E.z SEAL ; Z 1863� o_ ;, 1953 :<_ of Company 1;Vice Chairman and Assistant Secretary . ,, �; 'own :o,- :�- CEO ofCompany7 On this 2nd day of FEBRUARY AD 2012 before me a `,,,,URA,,`,,'',, ;` ,NSURANc-,, ;`varUAL c', Notary Public in and for the State of Iowa,personally appeared Bruce G.Kelley and Michael Freel, :'�° o .0 . :''' POR F�'; :'ey os''POq'''9SG' who,being by me duly sworn,did say that they are,and are known to me to be the Chairman, 5 OpP A<,•..1:- '^ `°p 41--O' '�;�OP '�F--'- President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary, W: SEAL <: o SEAL _ % SEAL ;o: respectively,of each of The Companies above;that the seals affixed to this instrument are the y, SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 Client#:33350 SWAIN ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)04116/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Dee Kabourek INSPRO Insurance PHONE 402 443 3742 FAX 402 443 3571 (AIC,No,Ext): (A/C,No): P.O.Box 336 E-MAIL ADDRESS: dkabourek insp roins.com Wahoo,NE 68066 INSURER(S)AFFORDING COVERAGE NAIC# 402 443-3742 INSURER A:Employers Mutual Insurance 21415 INSURED INSURER B: Swain Construction,Inc. INSURER C: A&S Concrete Recycling,Inc. INSURER D: 6002 N 89th Circle INSURER E: Omaha NE 68134 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDNYYY) (MMIDDY/YYYY) LIMITS A GENERAL LIABILITY 3X8590413 03/30/2012 03/30/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY pAMAGE TO RENTED PREMISES(Ea occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 X PD Ded:2,500 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 —I POLICY JE P LOC $ COMBINED SINGLE LIMIT A AUTOMOBILE LIABILITY 3X8590413 03/30/2012 03/30/2013(ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS X HIRED AUTOS X PROPERTY DAMAGE $ NON-OWNED (Per accident) AUTOS $ A X UMBRELLA LIAB _ OCCUR 3X8590413 03/30/2012 03/30/2013 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED X RETENTION$10000 $ A WORKERS COMPENSATION 3X8590413 03/30/2012 03/30/2013 X WORYTLIMITS ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) RE: Project#OPW52230-PD,W Florence Streetscape North 30th Street,Willit to Clay Streets City of Omaha is a primary and non-contributory additional insured on general liability in connection with work performed by the insured for ongoing and completed operations as requred by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Omaha THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 • Sec. 10-192. Equal employment opportunity clause. All contracts hereafter entered into by the city shall incorporate an equal employment opportunity clause, which shall read as follows: During the performance of this contract,the contractor agrees as follows: 1. The contractor shall not discriminate against any employee or applicant for employment because of race,religion,color, sex,age,disability or national origin. The contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race,religion, color, sex or national origin. As used herein,the word "treated" shall mean and include, without limitation,the following:recruited,whether by advertising or by other means; compensated; selected for training,including apprenticeship;promoted; upgraded; demoted;downgraded;transferred; laid off; and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment,notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,religion, color, sex,or national origin. age, disability. 3. The contractor shall send to each representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall furnish to the human rights and relations director all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, including the information required by sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the human rights and relations director shall be those which are related to paragraphs (1)through(7)of this subsection and only after reasonable notice is given the contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5. The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of enforcing the provisions of paragraphs(1)through(7)herein, including penalties and sanctions for noncompliance;however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the city,the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate the provisions of this division; and, in the case of contracts receiving federal assistance,the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States. 6. The contractor shall file and shall cause his subcontractors, if any,to file compliance reports with the contractor in the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the human rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 Utilization of Small and Emerging Small Businesses It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. Consequently, the requirements of the Small and Emerging Small Business Program ordinance apply to this solicitation. For questions on certification, including a listing of what firms are certified under the Small and Emerging Small Business Program,please see the City of Omaha website at www.cLemaha.ne.us or contact the Human Rights and Relations Department at 444-5055. With regard to this solicitation,the City has determined that a sufficient number of companies exist within the following CERTIFIED GROUP(S): [12] Tier I Emerging Small Business [I<] Tier II Emerging Small Business [(A Tier I Small Business [M] Tier II Small Business firm to fulfill [r1] this entire contract [0] a portion of this contract as defined below: This entire contract is to performed by a Tier I or II ESB or SB, with the exception of provision and installation of all planting vegetation material (trees, specimen grasses,perennials. Planting vegetation material shall be completed by a Tier I ESB or SB in compliance with the associated responsibilities for installation, maintenance, and warranty as outlined in the General and Special Provisions and Contract Drawings of this project. *Please note: in order to be considered for this solicitation,your firm must be CERTIFIED in the above-referenced category PRIOR TO the bid opening date of this solicitation. Pursuant to Omaha Municipal Code Section 10-203(d),the above-referenced category of bidders will be given preference in the selection of this bid. Submittals by non-certified bidders or the failure of a prime contractor to utilize a certified subcontractor in the above-designated portion of this contract shall be deemed non-responsive and rejected. Bidders must complete Exhibit"A" and submit it with their bid to be considered. A-2 2/2010 s and regulations, including the information required by sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the human rights and relations director shall be those which are related to paragraphs (1)through(7)of this subsection and only after reasonable notice is given the contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5. The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of enforcing the provisions of paragraphs(1)through(7)herein, including penalties and sanctions for noncompliance;however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the city,the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate the provisions of this division; and, in the case of contracts receiving federal assistance,the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States. 6. The contractor shall file and shall cause his subcontractors, if any,to file compliance reports with the contractor in the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the human rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 EXHIBIT "A" SMALL AND/OR EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM • THIS FORM MUST BE SUBMITTED WITH THE BID In the performance of this contract, the contractor proposes and agrees to make good faith efforts to contract with eligible City of Omaha certified small and/or emerging small businesses. Should the below listed small or emerging small business subcontractor be determined to be unable to perform successfully or is not performing satisfactorily, the contractor shall obtain prior approval from the Public Works Department Director or a designee, for substitution of the below listed subcontractor with a City of Omaha • certified small or emerginq small business. By submitting this form, the bidder is certifying that it has afforded subcontractors participating in the program the opportunity to submit bids on this project. • Type of work and Projected 'contract item or commencement Name of small or parts thereof to be and completion Agreed price with emerging small Address performed date of work SB/ESB Percentage (%) business 42o1't 7"4 w-roc- .49°Z /V. 4S7h Sf' l.IMIPXcq/C u L • e>4.: j Nj ,a7/.n 90t a-c-DA-y 341$5 107/% POn rd krc�- Suii11/06 c/s/6 6092 N. zi ��ss /off 90 a�2�paysi • l y Totals 3 y, rro • o111% CERTIFICATION • The undersigned/contractor certifies that he/she has read, understands, and agrees to be bound by small and/or emerging small business participation contract specifications, and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the bidder to make the statements and representations in the small and/or emerging small business participation contract specifications and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with small and/or emerging small businesses (which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the contract specifications at the price(s) set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false, or if there is a failure by the successful bidder (i.e. the Contractor) to implement the stated agreements, intentions, objectives, goals, and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinandar otherwise. Aaitionally,the undersigned/contractor will be subject to the terms of any future • contract award ( Signature. . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 • SPECIAL PROVISIONS INDEX SPECIAL PROVISIONS INDEX • S.P.-1 CONTRACT CONTROL S.P.-2 INDEX TO STANDARD PLATES S.P.-3 CONTRACT COMPLIANCE S.P.-4 HAZARDOUS MATERIALS S.P.-5 GENERAL REQURIEMENTS 3 PAGES S.P.-6 ALLOWANCES 2 PAGES S.P.-7 SITE PREPARATION 2 PAGES S.P.-8 EARTHWORK 4 PAGES S.P.-9 TRAFFIC CONTROL 1 PAGE S.P.-10 PLANTING 7 PAGES S.P.-1 1 PAVEMENT MARKINGS 2 PAGES S.P.-12 CONSIDER ATION OF PROPOSALS 1 PAGE S.P.-13 Construction S.P.-1 3/20/03 • • City Attorney * Instructions: Type name of persons under signature of each. Construction R-`t 6/97 • SPECIAL PROVISIONS CONTRACT CONTROL: 1. All work,material,guarantees and bonds shall conform with: (a) All applicable Federal and State laws and all applicable ordinances and City of Omaha regulations; (b) The plans and all notations shown and specified on the plans; (c) The Special Provisions herein contained; • (d) The City of Omaha Standard Specifications for Public Works Construction, 2003 Edition. 2. In case of conflict between or among: (a) The notations shown and specified on the plans; (b) The Special Provisions herein contained; (c) The City of Omaha Standard Specifications for Public Works Construction, 2003 Edition; then the conditions shall control and prevail in accordance with the sequence above enumerated in this paragraph. Copies of the CITY OF OMAHA STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 2003 Edition are available from the General Services Division of the Public Works Department(6t Floor), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha,Nebraska 68183. The Specifications can be downloaded from: www.ci.omaha.ne.us/publicworks/PublicWorks.htan Construction S.P.-2 3/20/03 POn rd krc�- Suii11/06 c/s/6 6092 N. zi ��ss /off 90 a�2�paysi • l y Totals 3 y, rro • o111% CERTIFICATION • The undersigned/contractor certifies that he/she has read, understands, and agrees to be bound by small and/or emerging small business participation contract specifications, and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the bidder to make the statements and representations in the small and/or emerging small business participation contract specifications and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with small and/or emerging small businesses (which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the contract specifications at the price(s) set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false, or if there is a failure by the successful bidder (i.e. the Contractor) to implement the stated agreements, intentions, objectives, goals, and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinandar otherwise. Aaitionally,the undersigned/contractor will be subject to the terms of any future • contract award ( Signature. . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 • STANDARD PLATE ISSUE/REVISION • NUMBER STANDARD PLATES DATE SECTION 1 -PAVEMENTS AND APPURTENANCES 1-01 CONCRETE ALLEY PAVEMENT 3/26/2003 1-10 25'...RESIDENTIAL CONCRETE PAVEMENT 9/23/2010 1.12 25'... RESIDENTIAL ASPHALT CONCRETE PAVEMENT SECTIONS 9/23/2010 1-13 RESIDENTIAL GRADING SECTIONS WITHOUT SIDEWALK 9/23/2010 1-16 30'... INDUSTRIAL CONCRETE PAVEMENT 9/23/2010 1-20 38'... 3 LANE CONCRETE PAVEMENT 9/23/2010 1-30 50'... 4 LANE CONCRETE PAVEMENT 9/23/2010 1-32 62'... 5 LANE CONCRETE PAVEMENT 9/23/2010 1-40 66'... 4 LANE DIVIDED CONCRETE PAVEMENT 9/23/2010 1-42 68'... 4'LANE DIVIDED CONCRETE PAVEMENT 9/23/2010 1-50 CONCRETE PAVEMENT JOINT DETAILS 2/6/2009 1-52 CONCRETE CURB DETAILS 3/26/2003 1-56 GRANITE CURB DETAILS 8/23/2010 1-54-1 CONCRETE MEDIAN DETAILS (SHEET 1 OF 2) 2/6/2009 1-54-2 CONCRETE MEDIAN DETAILS (SHEET 2 OF 2) 12/20/2007 1-60 CONCRETE PAVEMENT WIDENING AND MISCELLANEOUS DETAILS 9/23/2010 1-70 CONCRETE DRIVEWAY DETAILS 3/12/2009 1-82-1 CONCRETE CURB RAMP TYPICAL DETAILS, GENERAL NOTES AND 4/7/2008 MEASUREMENT DETAILS 1-82-2 CONCRETE CURB RAMP DETAILS, TYPICAL NEW CONSTRUCTION OPTIONS 2/13/2009 1-82-3 CONCRETE CURB RAMP DETAILS, TYPICAL RETRO-FIT OPTIONS 2/13/2009 1-82-4 CONCRETE CURB RAMP DETAILS, CENTRAL BUSINESS DISTRICT 4/7/2008 S.P. 3 X:\Drawings\STANDARD_PLATES\STANDARD PLATE NO UPDATE.DOCX 1 of 4 terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the bidder to make the statements and representations in the small and/or emerging small business participation contract specifications and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with small and/or emerging small businesses (which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the contract specifications at the price(s) set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false, or if there is a failure by the successful bidder (i.e. the Contractor) to implement the stated agreements, intentions, objectives, goals, and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinandar otherwise. Aaitionally,the undersigned/contractor will be subject to the terms of any future • contract award ( Signature. . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 1 SECTION 2 - BITUMINOUS RESURFACING STANDARD PLATE ISSUE/REVISION NUMBER • STANDARD PLATES DATE 2-01 CONCRETE PAVEMENT REPAIR DETAILS PAVEMENT WIDENING AND 9/23/2010 SURFACING 2-10R1 ASPHALT RESURFACING ADJUSTMENT DETAILS 3/27/2006 SECTION 3 -SEWERS. • 3-01 SEWER BEDDING DETAILS 2/1/2008 3-18-1. SAMPLING MANHOLES (1 of 2 Sheets) 6/27/2003 3-18-2 SAMPLING MANHOLES (2 of 2 Sheets) 3/26/2003 3-30 TYPE FA, REINFORCED CONCRETE CURB INLET COVER W/FACE ARMOUR 3/12/2009 3-70 FLARED END SECTIONS AND BAR GRATES 3/26/2003 3-72 TIMBER PILE PIPE SUPPORT 3/26/2003 3-75 REINFORCED CONCRETE IMPACT STILLING BASIN 2/1/2008 • 3-83 REINFORCED CONCRETE PIPE COUPLERS 2/1/2008 3-90-1 CAST IRON MANHOLE RINGS, COVERS, MANHOLE STEPS (1 of 2 Sheets) 10/14/2010 3-90-2 CAST IRON MANHOLE RINGS, COVERS, MANHOLE STEPS (2 of 2 Sheets) 10/14/2010 3-92 TYPE "A" FLAT CAST IRON GRATE, FRAME AND CURB INLET 3/26/2003 3-93 TYPE "V"CAST IRON VANE GRATE, FRAME AND CURB INLET 3/26/2003 3-94 TYPE "SC" CAST IRON GRATE AND FRAME 3/26/2003 SECTION 4-STRUCTURAL • 4-01 CHAIN LINK FENCES AND CHAIN LINK FENCE GATE DETAILS 3/26/2003 SECTION 5-EROSION CONTROL - LANDSCAPING 5-01 GEOTEXTILE FABRIC SILT FENCE 3/26/2003 • 5-02 HAY BALE SILT CHECK 3/26/2003 5-10 CHANNEL AND SLOPE SOIL STABILIZATION MAT DETAILS • 3/26/2003 S.P. 3 • X:\Drawings\STANDARD_PLATES\STANDARD PLATE NO UPDATE.DOCX 2 of 4 4 terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the bidder to make the statements and representations in the small and/or emerging small business participation contract specifications and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with small and/or emerging small businesses (which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the contract specifications at the price(s) set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false, or if there is a failure by the successful bidder (i.e. the Contractor) to implement the stated agreements, intentions, objectives, goals, and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinandar otherwise. Aaitionally,the undersigned/contractor will be subject to the terms of any future • contract award ( Signature. . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 STANDARD PLATE ISSUE/REVISION NUMBER STANDARD PLATES DATE • SECTION 6—TRAFFIC SIGNALIZATION 6-01 R1 PULL BOX DETAILS 4/26/2006 6-04 CONCRETE PAD DETAIL FOR PAD MOUNTED CONTROLLER CABINET 3/26/2003 6-10 PEDESTAL POLE DETAILS 3/26/2003 6-20 MAST ARM POLE DETAILS 3/26/2003 6-22 MAST ARM POLE FOUNDATION DETAILS 3/26/2003 6-23 MAST ARM TRANSFORMER BASE DETAILS 3/26/2003 6-24 MAST ARM SIGNAL MOUNTING 3/26/2003 6-30-1 WOOD POLE SPAN WIRE DETAILS (1 of 2 Sheets) 3/26/2003 6-30-2 WOOD POLE SPAN WIRE DETAILS (2 of 2 Sheets) 3/26/2003 6-32 SPAN WIRE MOUNTING DETAILS 3/26/2003 6-40 POLE BRACKET INSTALLATION DETAILS 3/26/2003 6-50 STREET LIGHT POLE DETAILS 3/26/2003 6-60 STANDARD SIGNAL FACE ARRANGEMENTS 3/26/2003 6-70 INDUCTIVE LOOP DETECTORS 3/26/2003 6-72 MAGNETIC DETECTOR INSTALLATION DETAIL 3/26/2003 6-74 STANDARD TRAFFIC SIGNAL WIRING CODES 3/26/2003 6-76R1 ELECTRIC SERVICE PEDESTAL 4/26/2006 6-78 POWER SERVICE DETAILS 3/26/2003 6-80-1 STREET NAME SIGN LAYOUTS (1 of 2 Sheets) 3/26/2003 6-80-2 STREET NAME SIGN LAYOUTS (2 of 2 Sheets) 3/26/2003 6-82 OVERHEAD MOUNTED SIGNS 3/26/2003 6-84 POST MOUNTED SIGNS 3/26/2003 6-85 SIGN POST ANCHORING SYSTEMS 2/18/2008 6-88 CONSTRUCTION SIGN 3/26/2003 6-90-1 ASPHALT SPEED HUMP DETAILS (1 OF 2 SHEETS) 1/14/2011 • 6-90-2 CONCRETE SPEED HUMP DETAILS (2 OF 2 SHEETS) 1/14/2011 6-91-1 SPEED TABLE DETAILS, ASPHALT SPEED TABLE 1/14/2011 6-91-2 SPEED TABLE DETAILS, CONCRETE SPEED TABLE 1/14/2011 6-91-3 SPEED TABLE DETAILS, IMPRINTED CONCRETE SPEED TABLE 1/14/2011 S.P. 3 X:\Drawings\STANDARD_PLATES\STANDARD PLATE NO UPDATE.DOCX 3 of 4 ct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with small and/or emerging small businesses (which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the contract specifications at the price(s) set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false, or if there is a failure by the successful bidder (i.e. the Contractor) to implement the stated agreements, intentions, objectives, goals, and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinandar otherwise. Aaitionally,the undersigned/contractor will be subject to the terms of any future • contract award ( Signature. . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 STANDARD • PLATE ISSUE/REVISION NUMBER STANDARD PLATES DATE EXISTING STANDARD PLATES 320 SIDEWALK CONSTRUCTION DETAILS 2/6/2009 321 SIDEWALK LOCATION PLATE 9/23/2010 401 STEP DETAIL 2/1/2008 684 CURB WALL DETAIL 3/13/1973 703 TYPE "A" SINGLE INLET 1/17/2008 • 704 TYPE"AA" DOUBLE INLET 2/1/2008 705 TYPE"AA" DOUBLE INLET(ALTERNATE) 2/1/2008 707 TYPE "SADDLE CREEK" SINGLE INLET 2/1/2008 708 MANHOLE DETAIL 1/1/1968 710 TYPE"C" DOUBLE INLET 1/1/1968 712 TYPE "B-B"SINGLE BASIN GRATE 1/1/1968 715 TYPICAL RISER DETAIL 12/1/1974 716 RING AND BEEHIVE GRATE 11/14/1969 717-1 AREA INLET(1 of 2 SHEETS) 2/1/2008 717-2 AREA INLET(2 of 2 SHEETS) 2/1/2008 721-1 CURB INLET-TYPE I WITH TRANSVERSE PIPE (1 of 5 SHEETS)-FOR INLET 2/1/2008 COVER SEE STND PLT 3-30 721-2 CURB INLET-TYPE II-WITH LONGITUDINAL PIPE PLACED BELOW INLET 2/1/2008 THROUGH (2 of 5 SHEETS)-FOR INLET COVER SEE STND PLT 3-30 721-3 CURB OPENING INLET-TYPE III-WITH LONGITUDINAL PIPE PLACED BEHIND 9/23/2010 INLET THROUGH (3 of 5 SHEETS)-FOR INLET COVER SEE STND PLT 3-30 721-4 CURB INLET-TYPE IV WITHOUT TROUGH (4 of 5 SHEETS)-FOR INLET COVER 2/1/2008 SEE STND PLT 3-30 721-5 CURB INLET BLOCKOUT AND TEMPLATE DETAILS (5 of 5 SHEETS) 6/29/72 723 CONCRETE COLLAR- SEWER TAP 3/13/1970 724 PIPE PLUG DETAIL 3/13/1970 725 SANITARY SEWER/WATER MAIN DETAIL 3/13/1970 739 SANITARY MANHOLE • 2/19/1973 S.P. 3 X:\Drawings\STANDARD_PLATES\STANDARD PLATE NO UPDATE.DOCX 4 of 4 6-91-3 SPEED TABLE DETAILS, IMPRINTED CONCRETE SPEED TABLE 1/14/2011 S.P. 3 X:\Drawings\STANDARD_PLATES\STANDARD PLATE NO UPDATE.DOCX 3 of 4 ct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with small and/or emerging small businesses (which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the contract specifications at the price(s) set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false, or if there is a failure by the successful bidder (i.e. the Contractor) to implement the stated agreements, intentions, objectives, goals, and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinandar otherwise. Aaitionally,the undersigned/contractor will be subject to the terms of any future • contract award ( Signature. . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 CONTRACT COMPLIANCE The successful bidder must have a current Contract Compliance (CC-1) on file with the Human Rights and Relations Department prior to award of the contract. • • S.P.-4 5/15/09 ATERIALS S.P.-5 GENERAL REQURIEMENTS 3 PAGES S.P.-6 ALLOWANCES 2 PAGES S.P.-7 SITE PREPARATION 2 PAGES S.P.-8 EARTHWORK 4 PAGES S.P.-9 TRAFFIC CONTROL 1 PAGE S.P.-10 PLANTING 7 PAGES S.P.-1 1 PAVEMENT MARKINGS 2 PAGES S.P.-12 CONSIDER ATION OF PROPOSALS 1 PAGE S.P.-13 Construction S.P.-1 3/20/03 • • City Attorney * Instructions: Type name of persons under signature of each. Construction R-`t 6/97 HAZARDOUS MATERIALS The following applies to all projects advertised by the City of Omaha: A. Presence of Hazardous Materials or Hazardous Waste See Section 7.20, Hazardous Materials, in the City of Omaha Standard Specifications for Public Works Construction, 2003 or Later Edition, including all Addenda. In addition, the following applies to those projects advertised by the City of Omaha where any portion of the project lies within the EPA defined boundaries of the potential lead-site contamination in Omaha, Nebraska: B. Excess Material Disposal All excess materials removed from this project site or sites shall be disposed of at locations acceptable to the City of Omaha. The Contractor shall provide this information at the pre-construction meeting. During the project construction, the Contractor shall keep a log AND keep the City's Project Engineer(or designated representative) informed of each disposal date, excess material source location, material description, disposal location, and approximate material quantity. S.P.-5 2008 THROUGH (2 of 5 SHEETS)-FOR INLET COVER SEE STND PLT 3-30 721-3 CURB OPENING INLET-TYPE III-WITH LONGITUDINAL PIPE PLACED BEHIND 9/23/2010 INLET THROUGH (3 of 5 SHEETS)-FOR INLET COVER SEE STND PLT 3-30 721-4 CURB INLET-TYPE IV WITHOUT TROUGH (4 of 5 SHEETS)-FOR INLET COVER 2/1/2008 SEE STND PLT 3-30 721-5 CURB INLET BLOCKOUT AND TEMPLATE DETAILS (5 of 5 SHEETS) 6/29/72 723 CONCRETE COLLAR- SEWER TAP 3/13/1970 724 PIPE PLUG DETAIL 3/13/1970 725 SANITARY SEWER/WATER MAIN DETAIL 3/13/1970 739 SANITARY MANHOLE • 2/19/1973 S.P. 3 X:\Drawings\STANDARD_PLATES\STANDARD PLATE NO UPDATE.DOCX 4 of 4 6-91-3 SPEED TABLE DETAILS, IMPRINTED CONCRETE SPEED TABLE 1/14/2011 S.P. 3 X:\Drawings\STANDARD_PLATES\STANDARD PLATE NO UPDATE.DOCX 3 of 4 ct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with small and/or emerging small businesses (which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the contract specifications at the price(s) set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing them to be false, or if there is a failure by the successful bidder (i.e. the Contractor) to implement the stated agreements, intentions, objectives, goals, and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinandar otherwise. Aaitionally,the undersigned/contractor will be subject to the terms of any future • contract award ( Signature. . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 GENERAL REQUIREMENTS 1. SCOPE OF WORK The scope of work described in these SPECIFICATIONS shall consist of the construction of grading improvements,sidewalk pavement,driveway pavement and all related appurtenances as shown on the DRAWINGS and as described herein. The full extent of this work is shown on the PLANS. 2. PROJECT SPECIFICATIONS All work shall be done in accordance with the City of Omaha Standard Specifications for Public Works Construction, 2003 Edition and current revisions except those modified by these SPECIAL PROVISIONS. If a conflict exists between the City of Omaha Standard Specifications and these SPECIAL PROVISIONS the more stringent of the two will apply. 3. STANDARD PLATES Certain items of work shall be constructed in accordance with the City of Omaha Public Works Department"Standard Plates A copy of the index to City of Omaha Standard Plates is included with these SPECIAL PROVISIONS. Copies of the Standard Plates are available from the Public Works Department, Room 631, Omaha/Douglas Civic Center. 4. NOTICE TO UTILITY COMPANIES The CONTRACTOR shall give at least 48 hours notice to affected utility companies prior to digging by calling One Call: 344-3565 or 1-800-336-9193. In addition the CONTRACTOR shall notify all applicable utility companies, including, but not limited to the following: Qwest Communications - 572-5814 Omaha Public Power District - 636-2000 Metropolitan Utilities District- 554-7921 City of Omaha - Sewers- 444-5332 City of Omaha- Streets - 444-4919 MCI Telecommunications - 571-5450 Cox Cable Television - 933-3000 The CONTRACTOR shall be fully responsible for the protection of all existing surface and underground facilities during all phases of work. Existing underground facilities shown on the DRAWINGS are for the CONTRACTOR'S guidance only. The CONTRACTOR shall note that there may be existing utilities that are not shown on the PLANS. The CONTRACTOR shall repair at his expense, any damages to existing facilities caused directly or indirectly by his operations. In all cases with no exception, the CONTRACTOR, before beginning construction of any new underground facilities,shall locate, uncover,and determine the horizontal and vertical location of all existing underground facilities which may potentially conflict with his work or are to be incorporated into the new work. Before proceeding,the CONTRACTOR shall satisfy himself that a conflict does not exist and that the underground work can be performed as shown on the PLANS. If, in the opinion of the CONTRACTOR,a conflict does exist, he shall immediately notify the ENGINEER who will make the final determination for resolving the conflict. The CONTRACTOR will receive no additional compensation for any delays or work resulting from a conflict which was not thoroughly S.P. -6 GENERAL REQUIREMENTS EGA 111104 1 the Contract, under City of Omaha's Contract Compliance Ordinandar otherwise. Aaitionally,the undersigned/contractor will be subject to the terms of any future • contract award ( Signature. . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 • investigated prior to proceeding with his work. The CONTRACTOR may request additional compensation for additional work performed to directly resolve the conflict as directed in writing by the ENGINEER. 5. REPAIR OF DAMAGE The CONTRACTOR shall be responsible for the repair of damage caused by his operations to public and private streets, sidewalks, and property that are not designated for removal under this contract. The CONTRACTOR shall promptly clean up all mud and debris along haul routes. 6. SHOP DRAWINGS AND CERTIFICATIONS SHOP DRAWINGS and certifications shall be submitted to the ENGINEER for review. The number of copies of SHOP DRAWINGS and certifications shall consist of the quantity required for the CONTRACTORS use, including the distribution to subcontractors, fabricators and/or suppliers, in addition to 1 copy to be retained by the ENGINEER. SHOP DRAWINGS and/or certifications shall be provided as requested under the City of Omaha Standard Specifications and Special Provisions. 7. COORDINATION WITH OTHER CONTRACTORS The CONTRACTOR shall coordinate his work with other contractors working at the site to minimize conflict and allow for access to other areas of work. 8. PROGRESS MEETINGS Progress Meetings will be scheduled throughout the work period on an as needed basis as established by the Engineer. 9. DAMAGE TO EXISTING STRUCTURES The CONTRACTOR shall be responsible for any damage to structures or existing sewers. If any damage is incurred, the proposed method of repair shall be submitted to the ENGINEER who will forward copies to the City of Omaha for their approval before any remedial activities are undertaken. If dire consequence will result as part of the review and submittal process, the CONTRACTOR shall contact the ENGINEER and attempt to correct the problem immediately. Repairs will be made at the CONTRACTOR'S expense. 10. HAZARDOUS MATERIALS Presence of Hazardous Materials or Hazardous Waste • A. In the event the Contractor encounters material on site reasonably believed to be a CERCLA hazardous substance in concentrations that may constitute a substantial hazardous waste as defined in 40 CFR Part 261 that has not been rendered harmless, the Contractor may test (at the Contractor's expense) the suspected material using the appropriate EPA technology. If the material is determined to be hazardous, the Contractor shall immediately stop work in the affected area, safely secure the work site, and immediately notify the City's Project Engineer, their designated representative, and/or other appropriate City personnel. S.P. -6 GENERAL REQUIREMENTS EGA 111104 2 ict does exist, he shall immediately notify the ENGINEER who will make the final determination for resolving the conflict. The CONTRACTOR will receive no additional compensation for any delays or work resulting from a conflict which was not thoroughly S.P. -6 GENERAL REQUIREMENTS EGA 111104 1 the Contract, under City of Omaha's Contract Compliance Ordinandar otherwise. Aaitionally,the undersigned/contractor will be subject to the terms of any future • contract award ( Signature. . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 B. Hazardous materials shall be disposed to an approved off-site location based on the current EPA and State of Nebraska Department of Environmental Quality regulations.All work required to complete this operation including importing suitable backfill material shall be measured in cubic feet in place and shall be paid at the contract unit price for"Remove Contaminated Soil". The unit price shall include all excavation, hauling, permitting, materials,equipment and labor required to complete this operation including importing suitable backfill materials. C. All such hazardous material or hazardous waste, not mentioned in the contract documents, shall be considered outside of the scope of this contract and outside the responsibility of the Contractor. Any additional costs due to the encountering of hazardous waste or materials will constitute "Extra Work" under Section 104.03 of the Standard Specifications and Contractor shall be compensated accordingly. D. The City of Omaha shall not consider the Contractor the "Generator, Owner, or Responsible Party" for any hazardous waste or hazardous material discovered in the normal performance of work associated with this contract, nor during the performance of any"Extra Work" pursuant to Section 104.03 unless brought to the site by the Contractor. E. The Contractor shall maintain sole responsibility for workers health and safety including, but not necessarily limited to, interpreting monitoring or sampling results provided by the City or any another governmental agency, or performing Contractor's own monitoring or sampling to ensure worker health and safety. 11. MOBILIZATION Payment for contractor's mobilization shall be made at the contract lump sum unit price. Payment shall be full compensation for all labor, equipment, materials, transportation and incidentals necessary to complete the item. END OF SECTION S.P. -6 GENERAL REQUIREMENTS EGA 111104 3 • A. In the event the Contractor encounters material on site reasonably believed to be a CERCLA hazardous substance in concentrations that may constitute a substantial hazardous waste as defined in 40 CFR Part 261 that has not been rendered harmless, the Contractor may test (at the Contractor's expense) the suspected material using the appropriate EPA technology. If the material is determined to be hazardous, the Contractor shall immediately stop work in the affected area, safely secure the work site, and immediately notify the City's Project Engineer, their designated representative, and/or other appropriate City personnel. S.P. -6 GENERAL REQUIREMENTS EGA 111104 2 ict does exist, he shall immediately notify the ENGINEER who will make the final determination for resolving the conflict. The CONTRACTOR will receive no additional compensation for any delays or work resulting from a conflict which was not thoroughly S.P. -6 GENERAL REQUIREMENTS EGA 111104 1 the Contract, under City of Omaha's Contract Compliance Ordinandar otherwise. Aaitionally,the undersigned/contractor will be subject to the terms of any future • contract award ( Signature. . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 • SF 7 ALLOWANCES PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements governing allowances. B. Types of allowances include the following: 1. Testing and inspecting allowances. 1.2 INFORMATIONAL SUBMITTALS A. Coordinate and process submittals for allowance items in same manner as for other portions of the Work. 1.3 COORDINATION A. Coordinate allowance items with other portions of the Work. Furnish templates as required to coordinate installation. 1.4 TESTING AND INSPECTING ALLOWANCES A. Testing and inspecting allowances include the cost of engaging testing agencies, actual tests and inspections,and reporting results. B. The allowance does not include incidental labor required to assist the testing agency or costs for retesting if previous tests and inspections result in failure. The cost for incidental labor to assist the testing agency shall be included in the Contract Sum. C. Costs of services not required by the Contract Documents are not included in the allowance. D. At Project closeout, credit unused amounts remaining in the testing and inspecting allowance to Owner by Change Order. 1.5 ADJUSTMENT OF ALLOWANCES A. Allowance Adjustment: To adjust allowance amounts, prepare a Change Order proposal based on the difference between purchase amount and the allowance, multiplied by final measurement of work-in-place where applicable. If applicable, include reasonable allowances for cutting losses,tolerances,mixing wastes, normal product imperfections, and similar margins. • ntractor's own monitoring or sampling to ensure worker health and safety. 11. MOBILIZATION Payment for contractor's mobilization shall be made at the contract lump sum unit price. Payment shall be full compensation for all labor, equipment, materials, transportation and incidentals necessary to complete the item. END OF SECTION S.P. -6 GENERAL REQUIREMENTS EGA 111104 3 • A. In the event the Contractor encounters material on site reasonably believed to be a CERCLA hazardous substance in concentrations that may constitute a substantial hazardous waste as defined in 40 CFR Part 261 that has not been rendered harmless, the Contractor may test (at the Contractor's expense) the suspected material using the appropriate EPA technology. If the material is determined to be hazardous, the Contractor shall immediately stop work in the affected area, safely secure the work site, and immediately notify the City's Project Engineer, their designated representative, and/or other appropriate City personnel. S.P. -6 GENERAL REQUIREMENTS EGA 111104 2 ict does exist, he shall immediately notify the ENGINEER who will make the final determination for resolving the conflict. The CONTRACTOR will receive no additional compensation for any delays or work resulting from a conflict which was not thoroughly S.P. -6 GENERAL REQUIREMENTS EGA 111104 1 the Contract, under City of Omaha's Contract Compliance Ordinandar otherwise. Aaitionally,the undersigned/contractor will be subject to the terms of any future • contract award ( Signature. . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 B. Submit claims for increased costs because of a change in scope or nature of the allowance described in the Contract Documents, whether for the purchase order amount or Contractor's handling, labor, installation, overhead, and profit. 1. Do not include Contractor's or subcontractor's indirect expense in the Change Order cost amount unless it is clearly shown that the nature or extent of work has changed from what could have been foreseen from information in the Contract Documents. 2. No change to Contractor's indirect expense is permitted for selection of higher- or lower- priced materials or systems of the same scope and nature as originally indicated. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION 3.1 SCHEDULE OF ALLOWANCES A. Allowance No. 1: Testing and Inspecting Allowance: Include the sum of four-thousand, five- hundred dollars($4500.00) END OF SECTION 2 ency shall be included in the Contract Sum. C. Costs of services not required by the Contract Documents are not included in the allowance. D. At Project closeout, credit unused amounts remaining in the testing and inspecting allowance to Owner by Change Order. 1.5 ADJUSTMENT OF ALLOWANCES A. Allowance Adjustment: To adjust allowance amounts, prepare a Change Order proposal based on the difference between purchase amount and the allowance, multiplied by final measurement of work-in-place where applicable. If applicable, include reasonable allowances for cutting losses,tolerances,mixing wastes, normal product imperfections, and similar margins. • ntractor's own monitoring or sampling to ensure worker health and safety. 11. MOBILIZATION Payment for contractor's mobilization shall be made at the contract lump sum unit price. Payment shall be full compensation for all labor, equipment, materials, transportation and incidentals necessary to complete the item. END OF SECTION S.P. -6 GENERAL REQUIREMENTS EGA 111104 3 • A. In the event the Contractor encounters material on site reasonably believed to be a CERCLA hazardous substance in concentrations that may constitute a substantial hazardous waste as defined in 40 CFR Part 261 that has not been rendered harmless, the Contractor may test (at the Contractor's expense) the suspected material using the appropriate EPA technology. If the material is determined to be hazardous, the Contractor shall immediately stop work in the affected area, safely secure the work site, and immediately notify the City's Project Engineer, their designated representative, and/or other appropriate City personnel. S.P. -6 GENERAL REQUIREMENTS EGA 111104 2 ict does exist, he shall immediately notify the ENGINEER who will make the final determination for resolving the conflict. The CONTRACTOR will receive no additional compensation for any delays or work resulting from a conflict which was not thoroughly S.P. -6 GENERAL REQUIREMENTS EGA 111104 1 the Contract, under City of Omaha's Contract Compliance Ordinandar otherwise. Aaitionally,the undersigned/contractor will be subject to the terms of any future • contract award ( Signature. . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 SP 8 SITE PREPARATION 1. GENERAL SITE PREPARATION Keep project site free from drainage ponding due to construction operations during progress of WORK. Make arrangements for disposal of all water and sewage received on the site from temporary connections or stoppages. Do not discharge any water or sewage onto private property outside the construction right-of-way. Strip top soil and separately store to provide depth of top soil replacement as specified. Remove and store obstructions such as culvert pipe, signs, and fences for replacement upon completion of construction. Provide temporary fencing if necessary to prevent accidents until permanent fencing is restored. 2. EXISTING UTILITIES CONTRACTOR is responsible for liaison with utility companies and for repairing utilities and services which are not in direct conflict with the WORK, and is responsible for damage during construction at no expense to the OWNER, unless indicated otherwise on the DRAWINGS. The CONTRACTOR shall field verify all utility locations and depths prior to the installation of the storm sewer, the bio-retention gardens and the tree planters and notify the ENGINEER of his findings prior to construction. Field adjustments shall be made only by the ENGINEER. Utilities shown on DRAWINGS, in direct line and grade, which conflict with the WORK, shall be relocated by others at no expense to the CONTRACTOR, unless indicated otherwise on the DRAWINGS. For utilities not shown on the DRAWINGS and which are in direct conflict with the WORK, the CONTRACTOR shall notify the ENGINEER of the conflict. When directed, the CONTRACTOR shall perform the WORK. The CONTRACTOR shall be entitled to payment for any extra WORK in accordance with the General Conditions. Utility removal. Before the CONTRACTOR begins work, he shall confer with the owners of any underground or overhead utilities which may be on or in close proximity to the WORK areas and shall arrange for the necessary disconnection of the utilities in accordance with the utility company regulations. The utility company or OWNER of the utility shall perform the work of removing, repairing, reconditioning, or revising the utility unless otherwise specified or indicated on the DRAWINGS. The CONTRACTOR shall cooperate with the utility companies so that work can be expedited to the best interests of all concerned. 3. PAVEMENT REMOVAL Remove pavement to the extent of the removal shown on the DRAWINGS or nearest joint as determined by the ENGINEER. No undercutting will be permitted. Cut pavement and drives with a diamond tipped saw blade full depth. S.P. -8 SITE PREPARATION EGA 111104 1 �' mmediately notify the ENGINEER who will make the final determination for resolving the conflict. The CONTRACTOR will receive no additional compensation for any delays or work resulting from a conflict which was not thoroughly S.P. -6 GENERAL REQUIREMENTS EGA 111104 1 the Contract, under City of Omaha's Contract Compliance Ordinandar otherwise. Aaitionally,the undersigned/contractor will be subject to the terms of any future • contract award ( Signature. . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 4. ACCESS TO STREETS AND HIGHWAYS CONTRACTOR shall maintain a suitable means of access for all traffic using streets and highways involved in construction,except as specifically permitted otherwise by the OWNER and responsible governmental agencies. Notify OWNER twenty-four(24) hours in advance of any street closure. Whenever construction is stopped due to inclement weather, on weekends and holidays, or for other reasons, suitable access shall be provided for all property owners. 5. DISRUPTION OF UTILITY SERVICE CONTRACTOR shall maintain utility service to all property owners or customers of utilities throughout the construction period unless repairs or improvements are authorized. In the event of repairs, replacements or improvements to utility service lines, the CONTRACTOR shall give the property owner or customer 24-hour notice of the upcoming disruption. Disruption of service shall be for as brief a period as possible so as not to cause undue inconvenience to the affected property owner or customer. 6. DEBRIS REMOVAL CONTRACTOR shall clear the site of all miscellaneous loose trash, rubbish and debris, regardless of type or nature. 7. DISPOSAL OF DEBRIS AND REFUSE CONTRACTOR shall dispose of surface materials,construction debris and trees in accordance with local ordinances and at a site approved by the OWNER. Burning of refuse will not be permitted. END OF SECTION • S.P. -8 SITE PREPARATION EGA 111104 • 2 n the DRAWINGS. For utilities not shown on the DRAWINGS and which are in direct conflict with the WORK, the CONTRACTOR shall notify the ENGINEER of the conflict. When directed, the CONTRACTOR shall perform the WORK. The CONTRACTOR shall be entitled to payment for any extra WORK in accordance with the General Conditions. Utility removal. Before the CONTRACTOR begins work, he shall confer with the owners of any underground or overhead utilities which may be on or in close proximity to the WORK areas and shall arrange for the necessary disconnection of the utilities in accordance with the utility company regulations. The utility company or OWNER of the utility shall perform the work of removing, repairing, reconditioning, or revising the utility unless otherwise specified or indicated on the DRAWINGS. The CONTRACTOR shall cooperate with the utility companies so that work can be expedited to the best interests of all concerned. 3. PAVEMENT REMOVAL Remove pavement to the extent of the removal shown on the DRAWINGS or nearest joint as determined by the ENGINEER. No undercutting will be permitted. Cut pavement and drives with a diamond tipped saw blade full depth. S.P. -8 SITE PREPARATION EGA 111104 1 �' mmediately notify the ENGINEER who will make the final determination for resolving the conflict. The CONTRACTOR will receive no additional compensation for any delays or work resulting from a conflict which was not thoroughly S.P. -6 GENERAL REQUIREMENTS EGA 111104 1 the Contract, under City of Omaha's Contract Compliance Ordinandar otherwise. Aaitionally,the undersigned/contractor will be subject to the terms of any future • contract award ( Signature. . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 • • SP 9 EARTHWORK 1. SITE GRADING AND EARTHWORK a. DESCRIPTIONS: The Specification covers the excavation, hauling, disposal, placement, and compaction of all material required for site grading. b. DEFINITIONS: 1. Suitable Materials. Suitable materials for backfill or embankment shall include material that are free of debris, roots, organic or frozen material, stones having a maximum dimension less than 3 inches. Any off-site borrow material shall be defined as clean, inorganic silt or clean clay with a liquid limit less than 45 and a plasticity index less than 25. 2. Unsuitable Materials. Unsuitable materials shall include all materials that contain debris, roots,organic or frozen materials,stones having a maximum dimension larger than 3 inches, or any other materials determined by the SOILS ENGINEER to be unsuitable for providing a stable slope, embankment, backfill, or subgrade. Otherwise suitable material which is unsuitable due to excess moisture content will not be classified as unsuitable material unless it cannot be dried by manipulation, aeration, or blending with other materials satisfactorily as determined by the SOILS ENGINEER. See the GEOTECHNIAL report for a complete list of requirements for fill materials. a. GENERAL CONSTRUCTION METHODS: 1. Before beginning grading operations, the CONTRACTOR shall prepare the site as specified in the Site Preparation. 2. Grading operations shall be suspended any time that satisfactory results cannot be obtained because of rain, frozen material, or other unsatisfactory conditions. 3. The CONTRACTOR shall control grading operations such that the site shall be well-drained at all times. When necessary,temporary drains and ditches shall be constructed to intercept or divert surface drainage which may affect the work. b. EXCAVATION: 1. No excavation shall be started until grading stakes have been set by the ENGINEER. 2. All suitable excavated materials shall be used in the formation of embankments. If the volume of excavation exceeds the amount required for construction of embankment,the excess material shall be hauled off-site to an approved location. S.P. -9 EARTHWORK EGA 111104 1 l concerned. 3. PAVEMENT REMOVAL Remove pavement to the extent of the removal shown on the DRAWINGS or nearest joint as determined by the ENGINEER. No undercutting will be permitted. Cut pavement and drives with a diamond tipped saw blade full depth. S.P. -8 SITE PREPARATION EGA 111104 1 �' mmediately notify the ENGINEER who will make the final determination for resolving the conflict. The CONTRACTOR will receive no additional compensation for any delays or work resulting from a conflict which was not thoroughly S.P. -6 GENERAL REQUIREMENTS EGA 111104 1 the Contract, under City of Omaha's Contract Compliance Ordinandar otherwise. Aaitionally,the undersigned/contractor will be subject to the terms of any future • contract award ( Signature. . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 3. All unsuitable materials shall be excavated to the depth designated by the SOILS ENGINEER. Unsuitable materials shall be disposed of, by the CONTRACTOR, off-site as direct by the ENGINEER. The excavated area shall be refilled with suitable material, obtained from the grading operations or haul-in, and thoroughly compacted by rolling. The necessary refilling will constitute a part of the embankment. c. EMBANKMENT: 1. Embankments shall be formed using suitable excavated materials, or approved off-site borrow materials only. The suitability of material for use in embankment shall be subject to the approval of the SOILS ENGINEER. 2. On all areas to accept fill or where an embankment is to be constructed, all sod and vegetable matter and topsoil shall be removed from the surface upon which the embankment is to be placed, and the cleared surface shall be completely broken up by plowing or scarifying to a depth of 8 to 12 inches. This area shall then be compacted as indicated below. Where embankments are to be placed on slopes steeper than 5 to 1,the slope shall be stepped to a vertical depth of at least 12 inches. No additional payment shall be made for the scarifying operations as described above but considered incidental to the embankment construction pay items. 3. Embankments shall be formed in successive horizontal layers of not more than 8 inches in loose depth for the full width of the cross section. Placement of embankments shall begin in the deepest portion of the fill; as placement progresses, layers shall be constructed approximately parallel to the finished grade line. • 4. After each layer has been placed, mixed, and spread evenly, it shall be thoroughly compacted to meet the requirements specified below. Compaction shall be by means of sheep's foot rollers, multiple-wheel, pneumatic-tired rollers, or other types of rollers. Rollers shall be of such design that they will be able to compact the fill to the specified density. Rolling shall be accomplished while the fill material is at the specified moisture content. Rolling of each layer shall be continuous over its entire area, and the roller shall make sufficient trips to insure that the desired density has been obtained. 5. No layer shall be covered until the previous layer has been approved. 6. No fill material shall be placed, spread, or rolled while it is frozen or thawing or during unfavorable weather conditions. When the work is interrupted by heavy rain,fill operations shall not be resumed until field tests by the SOILS ENGINEER indicate that the moisture content and density of the fill are satisfactory. 7. The majority of the on-site soils are generally expected to meet the plasticity criteria recommended for structural fill. However, moderate to high-plasticity zones could be encountered. The proposed fill soils should be anticipated to require some moisture adjustment prior to compaction, particularly for the S.P. -9 EARTHWORK EGA 111104 2 . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 wetter material that may be present in ditch bottoms or other poorly drained areas. 8. Embankment, as described herein, shall not be paid for as a separate item, it shall be included in the cost of related items. e. COMPACTION AND MOISTURE REQUIREMENTS(SUBGRADE PREPARATION): 1. All layers of embankment shall be compacted at a moisture content from 3% • below to 4% above the optimum moisture content. Cohesive structural fill placed in the upper 12 inches of pavement subgrades should be compacted to at least 90 percent of the material's maximum Modified Proctor dry density (ASTM D-1557). 2. Under concrete pavement the upper 12"should be compacted to a minimum of 90% of the maximum dry density with a moisture content from 3% below to 4%above the optimum moisture content(ASTM D1557, Modified Proctor) 3. Under sidewalks the upper 6"should be compacted to a minimum of 95%of the maximum dry density with a moisture content from 3% below to 4% above the optimum moisture content (ASTM D698, Standard Proctor) 4. Maximum dry density and optimum moisture content shall be determined in accordance with ASTM D 698 (Standard Proctor). 5. When material varies from the specified moisture content limits, it shall be treated as follows: When too wet, it shall be drained or worked until allowable moisture content is attained; when too dry it shall be watered. f. FINISH GRADING: All disturbed areas, including all excavations and embankments, shall be shaped to the lines and grades shown on the PLANS with smooth and uniform transitions. g. TOLERANCES:. In all areas,the finished surface shall be of such smoothness that it will not vary more than 0.10 foot from true grade as established by grade stakes. Any deviation in excess of this amount shall be corrected by loosening, adding or removing materials, and reshaping. h. SETTLEMENT: A delay shall be allowed between the completion of grading and the beginning of the paving operations to allow for primary consolidation. MEASUREMENT AND PAYMENT: 1. Due to the minimal amount of grading required on this project the earthwork shall be considered incidental to the WORK and shall not be paid for separately. 2. Subgrade preparation of 6" deep under sidewalks shall be considered incidental to the cost of the sidewalk concrete and shall not be paid for as a separate item. S.P. -9 EARTHWORK EGA 111104 3. ed while it is frozen or thawing or during unfavorable weather conditions. When the work is interrupted by heavy rain,fill operations shall not be resumed until field tests by the SOILS ENGINEER indicate that the moisture content and density of the fill are satisfactory. 7. The majority of the on-site soils are generally expected to meet the plasticity criteria recommended for structural fill. However, moderate to high-plasticity zones could be encountered. The proposed fill soils should be anticipated to require some moisture adjustment prior to compaction, particularly for the S.P. -9 EARTHWORK EGA 111104 2 . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 • 3. Subgrade preparation 12 inches deep under concrete pavements shall be measured in square yards as the area of proposed concrete pavement and shall be paid for at the contract unit price for"SUBGRADE PREPARATION 12 INCHES DEEP". - END OF SECTION - S.P. -9 EARTHWORK EGA 111104 4 7 SITE PREPARATION 2 PAGES S.P.-8 EARTHWORK 4 PAGES S.P.-9 TRAFFIC CONTROL 1 PAGE S.P.-10 PLANTING 7 PAGES S.P.-1 1 PAVEMENT MARKINGS 2 PAGES S.P.-12 CONSIDER ATION OF PROPOSALS 1 PAGE S.P.-13 Construction S.P.-1 3/20/03 • • City Attorney * Instructions: Type name of persons under signature of each. Construction R-`t 6/97 SP 10 TRAFFIC CONTROL 1. TRAFFIC CONTROL Construction of this project shall be conducted under traffic. Barricades, traffic signs, temporary pavement markings and other temporary traffic control devices shall be installed and maintained as shown on the PLANS or as directed by the ENGINEER. The CONTRACTOR shall conduct his operations in such a manner as to leave all streets and access roads open to traffic at all times except as noted on the PLANS. He shall place and maintain proper barricades, lights, and other required safeguards around obstructions in or adjacent to existing streets. All barricades, lights, and warning signs shall conform to the Omaha Public Works "Barricading Standards, Specifications, Methods and Materials" and the "Manual on Uniform Traffic Control Devices 2003 edition". Lane closure, if necessary for short amounts of time shall be coordinated by the Contractor through the Engineer with the closure of the intersection of Cuming Street and 24t" Street. The closure of that intersection will be part of the sewer separation project being conducted at the same time. METHOD OF MEASUREMENT a. All Signs, Type II and Type III Barricades - Shall be measured as a lump sum per calendar day basis. b. Flashing Arrow Board — Shall be measured on a per calendar day basis BASIS OF PAYMENT a. Temporary Traffic Control Signs, Type II and Type III Barricades - Will be paid for as a lump sum per calendar day at the contract unit price. Signs and barricades shall not be limited to Type II barricades, drums and grabber cones, all required traffic control items, except for the Flashing Arrow Board, shall be paid for under this line item. Lane delineators shall be drums except for head to head traffic separation when grabber cones can be used. The payment shall be full compensation for work related to supplying, installing, maintaining, relocating and removing of temporary traffic control devices and any other incidentals necessary to complete this work. b. Flashing Arrow Board - Will be paid for on_ a per calendar day basis at the contract unit price. The payment shall be full compensation for work related to supplying,•installing, maintaining, relocating and removing of the flashing arrow board and any other incidentals necessary to complete this work. END OF SECTION S.P.-10 TRAFFIC CONTROL 1 EGA111104 he cost of the sidewalk concrete and shall not be paid for as a separate item. S.P. -9 EARTHWORK EGA 111104 3. ed while it is frozen or thawing or during unfavorable weather conditions. When the work is interrupted by heavy rain,fill operations shall not be resumed until field tests by the SOILS ENGINEER indicate that the moisture content and density of the fill are satisfactory. 7. The majority of the on-site soils are generally expected to meet the plasticity criteria recommended for structural fill. However, moderate to high-plasticity zones could be encountered. The proposed fill soils should be anticipated to require some moisture adjustment prior to compaction, particularly for the S.P. -9 EARTHWORK EGA 111104 2 . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 SP 11 PLANTING PART 1 -GENERAL • 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 DESCRIPTION OF WORK: • A. The work under these items shall consist of furnishing, planting, mulching and guaranteeing trees, grasses and perennial plants) of the type and size indicated on the plans or special provisions. It shall also include all incidental operations, such as the replacement of dead and unsatisfactory plants or unsatisfactory materials before final acceptance of the contract, plant maintenance by the Contractor after"Initial Acceptance",etc. 1.03 NOT USED 1.04 SUBMITTALS: A. The contractor shall submit the following samples, certifications or test results prior to use on the project. 1. Sample of wood mulch. 2. Sample of Amended Soil. PART 2-PRODUCTS 2.01 MATERIALS: A. Shredded mulch shall be shredded,woody material free of insects,disease, debris and seeds. The Contractor shall apply a pre-emergent, approved by the City Project Manager Representative, in all shrub beds and tree saucers prior to mulching. B. Tree guard shall be 36" high, open mesh plastic 'bark guard' by AM Leopold Supplies or equivalent. No corrugated or continuous tubing will be allowed. C. Plant names shall agree with the nomenclature of"Standardized Plant Names" as adopted by the American Joint Committee on Horticulture Nomenclature, 1942, Edition. Size and grading standards shall conform to those of the American Association of Nurserymen, "American Standard For Nursery Stock", ANSI Z60.1-1996 (approved 6 November 1996), unless otherwise specified. No substitution shall be permitted except by written permission of the City Project Manager Representative. D. The quality of all plants shall be typical of their species or variety. They shall have normal well-developed branches and vigorous root systems. They shall be free from significant defects, such as girdling roots, root bound, bark damage, topped or co-dominant stems which taining, relocating and removing of the flashing arrow board and any other incidentals necessary to complete this work. END OF SECTION S.P.-10 TRAFFIC CONTROL 1 EGA111104 he cost of the sidewalk concrete and shall not be paid for as a separate item. S.P. -9 EARTHWORK EGA 111104 3. ed while it is frozen or thawing or during unfavorable weather conditions. When the work is interrupted by heavy rain,fill operations shall not be resumed until field tests by the SOILS ENGINEER indicate that the moisture content and density of the fill are satisfactory. 7. The majority of the on-site soils are generally expected to meet the plasticity criteria recommended for structural fill. However, moderate to high-plasticity zones could be encountered. The proposed fill soils should be anticipated to require some moisture adjustment prior to compaction, particularly for the S.P. -9 EARTHWORK EGA 111104 2 . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 will not allow the plant to develop normally. All plants shall be nursery-grown unless otherwise stated. 2.02 CALIPER AND HEIGHT MEASUREMENT: A. BALLED AND BURLAPPED SHADE AND FLOWERING TREES 1. In size grading B & B trees, caliper shall take precedence over height unless otherwise noted 2. Caliper of the trunk shall be taken six inches (6") above the ground up to and including four-inch (4")caliper size and twelve inches(12")above the ground for larger sizes. 3. Only one size per"grade"will be listed. That size will be the minimum size allowable for that grade and shall include plants from that size up to but not including the next larger grade size. Large plants cut back to sizes specified will not be accepted. B. ROOT CONTROL CONTAINER SHADE AND FLOWERING TREES 1. Root Control Containers are defined as fiber bag or plastic containers that prevent stem girdling roots, excessive circling, or pot-bound conditions. They are containers specifically designed for optimal root development. Manufacturers to be RPM containers,'Rootmaker','Readyroot',or Owner approved equivalent. • 2. All root control container grown trees shall be healthy, vigorous, well rooted and established in the container in which they are sold. They shall have tops of good quality and in a healthy growing condition. 3. An established root control container grown tree.shall be a tree transplanted into a container and grown in that container sufficiently long for new fibrous roots to have developed so that the root mass will retain its shape and hold together when removed from the container. 4. All shade and flowering trees in a container shall meet the plant sizes specified in the Specifications and Drawings. PART 3-EXECUTION 3.01 PREPARATION: A. The Contractor shall have all underground utilities (public and private) marked on the ground prior to beginning any plant pit excavations. It will be the responsibility of the Contractor to immediately repair any utility damaged during the planting operations to the satisfaction of the City Project Manager Representative and at no additional cost to the Owner. 1. Public Utilities: Prior to beginning any plant pit excavation, the Contractor shall call "Diggers Hotline of Nebraska" at 402-344-3565 and have all public utilities marked on the ground. EGA111104 he cost of the sidewalk concrete and shall not be paid for as a separate item. S.P. -9 EARTHWORK EGA 111104 3. ed while it is frozen or thawing or during unfavorable weather conditions. When the work is interrupted by heavy rain,fill operations shall not be resumed until field tests by the SOILS ENGINEER indicate that the moisture content and density of the fill are satisfactory. 7. The majority of the on-site soils are generally expected to meet the plasticity criteria recommended for structural fill. However, moderate to high-plasticity zones could be encountered. The proposed fill soils should be anticipated to require some moisture adjustment prior to compaction, particularly for the S.P. -9 EARTHWORK EGA 111104 2 . 4..7(' f i.,11 Title r Q�f7 Date of Signing 1/// Z o/Z- Firm or Corporate Name 5:6,4no ..( j • Address Gcoz/V. 9 4TlephoneNumber(4' ) 57/-///O A-3 2/2010 rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 • • 2. Private (Owner's) Utilities: Prior to beginning any plant pit excavation, the Contractor shall call the City of Omaha's Building Services Division at 402-444-4218 and have all private utilities marked on the ground. B. The Contractor shall stake the location of the proposed trees, shrubs and groundcover plants unless otherwise stated on the drawings and have their locations approved by the City Project Manager Representative prior to beginning plant pit excavation. Trees shall be staked individually. Areas for multiple shrub or groundcover plantings shall be outlined on the ground and the number of plants indicated in some manner without staking the location of individual shrub or groundcover plants. The Contractor shall notify the City Project Manager Representative at least forty eight (48) hours in advance to the Contractor wanting to begin planting in a particular area. C. In preparing plants for moving, all precautions customary and in good practice shall be taken, and workmanship that fails to meet the highest standards shall be rejected. All plants shall be dug to retain as many fibrous roots as possible. The size of the ball of"balled and burlapped" and "balled and platformed" plants shall conform to those of the American Association of Nurserymen, "American Standard For Nursery Stock", ANSI Z60.1-1996 (approved 6 November 1996), unless otherwise specified. The ball shall be a solid ball of earth securely held in place by burlap and a stout rope. Oversize, exceptionally heavy plants are acceptable if the size of ball or spread of the roots is proportionately increased. Loose, broken or fabricated balls of earth will be rejected. "Balled and platformed" plants shall be securely tied with a stout rope to sturdy platforms equal in size to the diameter of the upper half of the ball of earth. D. For delivery, all plants shall be packed, transported and handled with utmost care to ensure protection against injury. Plants shall be planted the same day they are delivered to the project site. If this cannot be done, balled and burlapped plants shall be set on the ground and the balls covered with moist soil, wood chips and/or straw. Until planted, all plant material shall be properly maintained by the Contractor to the satisfaction of the City Project Manager • Representative. E. All plants are subject to inspection and approval at point of origin before and/or after award of contract and at the project site before and/or after they are planted. Any plant material rejected by the City Project Manager Representative shall be immediately removed from the site and replaced with acceptable plant material at no additional cost to the Owner. 3.02 PLANTING SEASONS: A Spring Planting: Balled and burlapped stock may be planted in the Spring between March 15 and June 15, if weather and soil conditions permit. The dates may be extended by the City Project Manager Representative if daytime temperatures remain below 80 degrees Fahrenheit. B. Fall Planting: Balled and burlapped stock may be planted in the between August 15 and October 31, if weather and soil conditions permit. The dates may be extended by the City Project Manager Representative if the weather and soil conditions permit. C. Container stock may be planted using the same dates and conditions as outlined for balled and burlap stock(#3.02.A and#3.02.B.). r. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 3.03 PLANTING: A. The Contractor shall excavate all plant pits and shall furnish, plant, maintain and replace all plant materials specified in the "Plant List" in accordance with these specifications and as shown on the drawings and as directed by the City Project Manager Representative. B. The Contractor shall be liable for any damage to property caused by planting operations and construction, and all areas disturbed shall be restored to their original condition to the satisfaction of the City Project Manager Representative and at no additional cost to the Owner. C. Planting of trees and shrubs shall be in pits that are at least three times as wide as the diameter of the ball or container and of a depth equal to the ball or container height. All plant pits shall have sloping sides unless otherwise directed or detailed on the drawings. D. Backfill shall be clean soil salvaged from excavation of the planting well, unless considered unacceptable by the City Project Manager Representative. Excavated soil not suitable for backfill material shall be removed from the site by the Contractor and replaced with topsoil approved by the City Project Manager Representative. All backfill shall have a uniform appearance and shall be lose, friable and free of hard clods, construction debris, clumps of grass,garbage,and rocks over 2 inches in diameter. E. Balled and Burlap Plantings: 1. Plants shall be planted plumb at the same level at which they have grown unless otherwise specified on the drawings. The balls of earth of balled and burlapped plants shall not be loosened or otherwise damaged during planting operations. All roots which are bruised or broken shall be pruned with a clean cut. Carefully remove all wire and as much burlap and /or tying material as possible from the root ball without damaging the roots or the root ball. Soil shall be firmed at six inch to eight inch intervals and thoroughly settled with water until the entire plant pit has been filled with soil to match finished grade. F. Root Control Container Stock Plantings: 1. Plants shall be planted plumb at the same level at which they have grown unless otherwise specified on the drawings. Carefully remove the container. Spread out the roots and remove/wash as much of the "container soil"from the roots. Do not use the "container soil"as backfill in the plant pit. All roots which are bruised or broken shall be pruned with a clean cut. Keep roots spread out in the plant pit as backfill is added. Soil • shall be firmed at six inch to eight inch intervals and thoroughly settled with water until the entire plant pit has been filled with soil to match finished grade. G. Trees shall be mulched with three inch (3") thick layer of shredded hardwood mulch. The wood mulch shall cover the entire area of the hole dug for the tree. Mulch shall be kept away from the base of trees by the Tree Guard. Do not place any mulch inside the Tree Guard. H. All plant beds shall be mulched with a three inch(3")thick layer of wood mulch. I. Beds shall be reworked to a minimum depth of eighteen inches (18") until they are friable,free from mortar and debris, accurate to line and grade, and otherwise suitable for planting operations. her and soil conditions permit. The dates may be extended by the City Project Manager Representative if the weather and soil conditions permit. C. Container stock may be planted using the same dates and conditions as outlined for balled and burlap stock(#3.02.A and#3.02.B.). r. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 • 1. All planting beds shall have all sod removed and excavated to depth to hold the specified depth of mulch. Contractor shall remove all sod from the project site unless otherwise directed by the City Project Manager Representative. In no case shall the sod be used as backfill for newly installed plants. J. All sucker growth and broken, dead, or badly bruised branches shall be removed with clean cuts. All pruning cuts shall be made with sharp tools and shall be sharp and clean. K. Do not wrap tree trunks with tree wrap, unless directed to do so by Landscape Architect or City Forester/Park Planner. L. All plants shall be thoroughly watered as soon as possible after planting, but no later than the end of each day for all plant material planted during the day. Until "Initial Acceptance" by the City Project Manager Representative,the Contractor shall maintain and water all plant material as weather conditions require. Due care shall be exercised to avoid "washing out" the • mulched soil. Minimum watering is considered as one thorough soaking per week. Under extremely hot and dry conditions (as determined by the City Project Manager Representative), minimum watering shall be considered as two thorough soakings per week. 3.04 TREE STAKING: A. Tree staking is by the direction of the Landscape Architect,or City Forester/Park Planner only. If the Contractor decides to stake trees, they shall be done as per the planting details, as approved by Landscape Architect,or City Forester/Park Planner, and as outlined herein. B. All trees shall be staked or guyed securely in accordance with standard practice. Care shall be taken so that stakes and guy strapping will not create pedestrian or vehicular hazards. Do not use wire and hosing for guying trees. C. Stakes for supporting deciduous trees shall be 2 inch by 2 inch by 10 foot, No. 1 sound Douglas Fir or 10 foot long cedar posts stripped of bark. Each tree shall have three stakes per tree,evenly spaced (120 degrees). Care shall be taken so stakes do not pierce the tree ball • when placed. D. Stakes for supporting evergreen trees shall be 2 inch by 2 inch by 2 foot, No. 1 sound Douglas Fir or 2 foot long cedar posts stripped of bark. Each tree shall have three stakes per tree, evenly spaced(120 degrees). Care shall be taken so stakes do not pierce the tree ball when • placed. E. Wide, belt-like strapping, a minimum of 1 inch wide shall be used to guy trees. Acceptable products include: 1. Rainbow Chainlock Tree Ties (from England), as distributed by the Good-Prod Sales, Inc., 825 Fairfield Avenue, Kenilworth, New Jersey, 07033; phone number: (908) 245- 5055; 2. "ArborTie", as manufactured by Deep Root Partners, L.P., 81 Langton Street, Suite#4, San Francisco, California, 94103; voice: (800) 458-7668; fax: (800) 277-7668; web site:www.deeproot.com yer of wood mulch. I. Beds shall be reworked to a minimum depth of eighteen inches (18") until they are friable,free from mortar and debris, accurate to line and grade, and otherwise suitable for planting operations. her and soil conditions permit. The dates may be extended by the City Project Manager Representative if the weather and soil conditions permit. C. Container stock may be planted using the same dates and conditions as outlined for balled and burlap stock(#3.02.A and#3.02.B.). r. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 3. Or Approved Equivalent. F. Submit sample of strapping to be used to the City Project Manager Representative for review prior to purchase and use on the project. G. If the Contractor decides to stake trees, he shall be responsible for maintenance of the staking while it is in place and for the removal of the staking the following year. 3.05 MAINTENANCE OF PLANTING UNTIL"INITIAL ACCEPTANCE": A. Maintenance of planting shall begin immediately after each plant is planted and continue until "Initial Acceptance" by the City Project Manager Representative. Maintenance shall include, but not be limited to watering, cultivation, removal of dead material, resetting plants to proper grades in upright positions, restoration of the planting saucer and other necessary operations. Weeds shall not be allowed to attain a growth of over six(6) inches before being removed. If planting is done after seeding, proper protection of seeded areas shall be provided and any damage resulting from planting operations shall be repaired promptly at the Contractor's expense. 3.06 INSPECTION AND ACCEPTANCE: A. Planting installations will be inspected and approved for initial acceptance on a "Planting Season" basis, if requested by the Contractor in writing. It will not be necessary for a Contractor to complete all of the plantings before requesting "Inspection of Completed Work" and"Initial Acceptance"unless all of the work is completed in one planting season. B. Inspection of Completed Work: When the Contractor feels that the work under the Contract has been completed, he shall inform the City Project Manager Representative in writing of such and request an inspection of the work by the City Project Manager Representative for "Initial Acceptance"of the work. The inspection shall made within two weeks of the receipt of the written notice from the Contractor. C. Initial Acceptance: If the City Project Manager Representative finds all of the work satisfactory and in compliance with the Drawings, Specifications and Contract Documents of the project, the City Project Manager Representative shall inform the Contractor in writing of the"Initial Acceptance"of the work. Once the Contractor has received written notice of"Initial Acceptance", the warranty on all the material begins. The date for the beginning of the warranty period shall be the date that the plant material was inspected and accepted for"Initial Acceptance"by the City Project Manager Representative. D. First Year: During the first year after initial acceptance of the plant material, the City Project Manager Representative shall inspect the work. Any plant(s) that the City Project Manager Representative finds dead or not in satisfactory growth shall be removed, replaced and guaranteed as per Article#3.07. E. Final Acceptance: During the second year of the warranty period, the City Project Manager Representative shall inspect the work. Any plant(s) that the City Project Manager Representative finds dead or not in satisfactory growth shall be removed, replaced and guaranteed as per Article#3.07. 3.07 WARRANTY: ey are friable,free from mortar and debris, accurate to line and grade, and otherwise suitable for planting operations. her and soil conditions permit. The dates may be extended by the City Project Manager Representative if the weather and soil conditions permit. C. Container stock may be planted using the same dates and conditions as outlined for balled and burlap stock(#3.02.A and#3.02.B.). r. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 • A. Guarantee: All plants within this contract, and their subsequent replacements, shall be guaranteed for a minimum of two years from the date of"Initial Acceptance"by the City Project Manager Representative and shall be alive and in satisfactory growth at the end of the guarantee period. 1. Any material that is 25% dead or more shall be considered dead and must be replaced by the Contractor. A tree shall be considered dead when the main leader has died back,or 25%of the crown is dead. B. Replacement: During the first and second year of the guarantee period, inspection will be made by the City Project Manager Representative. Any plant under this contract that is dead or not in satisfactory growth, as determined by the City Project Manager Representative,shall be removed from the site. These shall be replaced during the normal planting season as outlined (Article#3.02) in the Specifications. All replacements shall be plants of the same kind and size as specified in the plant list. Replacement plants shall be guaranteed for two years from their date of "Initial Acceptance" by the City Project Manager Representative, as described in Article#3.07. C. Replacements shall be at the Contractor's expense. A sum sufficient to cover the estimated cost of possible replacements, including materials and labor, may be retained by the Owner and paid to the Contractor only after all replacements have been made and approved. 3.08 MAINTENANCE AFTER"INITIAL ACCEPTANCE": A. It shall be the responsibility of the Contractor to maintain all newly installed trees within the contract limits of this Contract during the first year of the Warranty Period, beginning the date of"Initial Acceptance". B. Suggested maintenance items that would be the responsibility of the Contractor during the first year of the Warranty period should include, but not be limited to weekly watering, weeding, cultivating, pruning, adjustment and repair of stakes and guys, repair of washouts of mulch and other horticultural operations necessary for the proper growth of plants and maintaining of a neat appearance of all work under this Contract. 1. Minimum watering is considered as one thorough soaking per week. Under extremely hot and dry conditions (as determined by the City Project Manager Representative), minimum watering shall be considered as two thorough soakings per week. 2. Weeds shall not be allowed to attain a growth of over six (6) inches before being removed. C. The City of Omaha will maintain or transfer maintenance to the adjacent property owner all newly installed trees within the contract limits of this Contract during the second year of the Warranty Period, beginning upon the conclusion of the first year of the Warranty period as defined. The Contractor may elect to retain the maintenance of trees during the second year upon approval of the City. Trees will be reviewed at the beginning and end of year two. Any dead or dying material,as defined,shall be replaced by the Contractor as part of the Warranty. END OF SECTION from mortar and debris, accurate to line and grade, and otherwise suitable for planting operations. her and soil conditions permit. The dates may be extended by the City Project Manager Representative if the weather and soil conditions permit. C. Container stock may be planted using the same dates and conditions as outlined for balled and burlap stock(#3.02.A and#3.02.B.). r. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 SP 12 PAVEMENT MARKING 1. DESCRIPTION: This item shall consist of the markings and stripes on the surface of the pavement, applied in accordance with these specifications and at the locations shown on the PLANS, or as directed by the ENGINEER. 2.. MATERIALS: a. Paint. Paint shall be furnished and installed in compliance with the City of Omaha's Specification for Furnishing Fast Drying White and Yellow Acrylic Waterborne Traffic Line Paint Using Rhoplex Fastrack HD-21. 3. CONSTRUCTION METHODS, PAINT: a. Weather Limitations. The painting shall be performed only when the surface is dry, when the pavement temperature is above 50 degrees F.,when the relative humidity is below 85%, and when the weather is not foggy or windy. Marking will not be applied when the pavement temperature is greater than 120 degrees F. b. Equipment. All equipment for the work shall be approved by the ENGINEER and shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine, and such auxiliary hand-painting equipment as may be necessary to satisfactorily complete the job. c. Preparation of Surface. Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, or other foreign material, which would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by sweeping and blowing or by other methods as required to remove all dirt, and loose materials. • Paint shall not be applied to Portland cement concrete pavement until the concrete in the areas to be painted is clean of curing material. Sand blasting or high-pressure water shall be used to remove curing material from concrete surfaces. d. Layout of Markings. On those sections of pavement where no previously applied markings are available to serve as a guide,the proposed markings shall be laid out in advance of the paint application. e. Application. Markings shall be applied at the locations and to the dimensions and spacing shown on the PLANS. Paint shall not be applied until the layout and condition of the surface have been approved by the ENGINEER. The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine with a wet film thickness of 15.0 mils. The addition of thinner will not be permitted. The edges of the markings shall not vary from a straight line more than 2 inches in 50 feet, and the dimensions shall be within a tolerance of plus or minus 5 percent. f. Protection. After application of the paint, all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from disfiguration by spatter, splashes, spillage, or drippings of paint. S.P.-12 PAVEMENT MARKINGS EGA111104 1 elect to retain the maintenance of trees during the second year upon approval of the City. Trees will be reviewed at the beginning and end of year two. Any dead or dying material,as defined,shall be replaced by the Contractor as part of the Warranty. END OF SECTION from mortar and debris, accurate to line and grade, and otherwise suitable for planting operations. her and soil conditions permit. The dates may be extended by the City Project Manager Representative if the weather and soil conditions permit. C. Container stock may be planted using the same dates and conditions as outlined for balled and burlap stock(#3.02.A and#3.02.B.). r. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 g. Temporary Marking. Lane markings for temporary traffic control, if necessary, shall be installed and maintained during the respective phase of construction. Temporary marking shall be applied at 35% of the application rate specified above (35 to 38.5 SF/gallon). The cost for application of temporary marking shall include removal at the end of the construction phase. 5. • MEASUREMENT AND PAYMENT: Pavement markings shall be constructed as shown on the. PLANS. Markings shall be measured as listed herein and paid for at the contract unit price per the respective bid items listed. Paint Pavement Marking -White (4") Linear Feet ® Handicap Parking Symbol Each Payment at the contract unit price, shall in each instance, be full compensation for all labor, equipment, tools, materials and incidentals necessary to complete the work. -END OF SECTION- , • • • S.P.-12 PAVEMENT MARKINGS EGA111104 2 mechanical marking machine, and such auxiliary hand-painting equipment as may be necessary to satisfactorily complete the job. c. Preparation of Surface. Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, or other foreign material, which would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by sweeping and blowing or by other methods as required to remove all dirt, and loose materials. • Paint shall not be applied to Portland cement concrete pavement until the concrete in the areas to be painted is clean of curing material. Sand blasting or high-pressure water shall be used to remove curing material from concrete surfaces. d. Layout of Markings. On those sections of pavement where no previously applied markings are available to serve as a guide,the proposed markings shall be laid out in advance of the paint application. e. Application. Markings shall be applied at the locations and to the dimensions and spacing shown on the PLANS. Paint shall not be applied until the layout and condition of the surface have been approved by the ENGINEER. The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine with a wet film thickness of 15.0 mils. The addition of thinner will not be permitted. The edges of the markings shall not vary from a straight line more than 2 inches in 50 feet, and the dimensions shall be within a tolerance of plus or minus 5 percent. f. Protection. After application of the paint, all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from disfiguration by spatter, splashes, spillage, or drippings of paint. S.P.-12 PAVEMENT MARKINGS EGA111104 1 elect to retain the maintenance of trees during the second year upon approval of the City. Trees will be reviewed at the beginning and end of year two. Any dead or dying material,as defined,shall be replaced by the Contractor as part of the Warranty. END OF SECTION from mortar and debris, accurate to line and grade, and otherwise suitable for planting operations. her and soil conditions permit. The dates may be extended by the City Project Manager Representative if the weather and soil conditions permit. C. Container stock may be planted using the same dates and conditions as outlined for balled and burlap stock(#3.02.A and#3.02.B.). r. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 • S.P.— 13 3.01 CONSIDERATION OF PROPOSALS After reading,the Engineer shall compare proposals based on the corrected total bid amounts. Comparison results con- sisting of the corrected total bid amounts will become public one(1) working day after the bid date when all proposals exceed the Engineer's estimate. Detailed results consisting of the unit price bid tab will become public one(1)working day after the contract for the low bidder has been accepted and the recommendation for award has been received by the City Clerk. The City reserves the right to reject any or all proposals and to waive any informalities, irregularities, mi- nor defects, or technical errors as may be deemed best for the interests of the City. S.P.- 13 Attorney * Instructions: Type name of persons under signature of each. Construction R-`t 6/97 ADDENDUM NO. 1 Florence Streetscape, OPW 52230-PD,W North 30t" Street, Willit Street to Clay Street • Omaha, Nebraska c/o Vireo 1 1 1 1 N. 13t" Street, Suite 116 Omaha, NE 68102 April 4, 2012 NOTICE TO BIDDERS: Amend Contract Documents to the above referenced Project as follows: DRAWINGS: SHEET C1 .0 ITEM NO. 1 -SITE DEMOLITION FLAG NOTE 7 A. Revise flag note to include the following additional language: "CONTRACTOR SHALL BE RESPONSIBLE FOR EXECUTING THE RELOCATION OF WATER VALVES UNLESS EXPLICITLY DIRECTED BY MUD OTHERWISE. WATER VALVES TO BE RE-SET WITHIN VEHICULAR PAVING AREAS SHALL BE ENCASED IN A CC BOX. WATER VALVES TO BE RESET WITHIN PEDESTRIAN PAVEMENT SHALL BE ENCASED IN CURBSTOP BOX. GAS VALVES SHALL BE AT THE DIRECTION OF MUD WHETHER SCOPE OF WORK IS BY CONTRACTOR OR MUD. POINT OF CONTACT FOR MUD IS MR. JOHN ZELLARS, P.E., 402-504- 7913. RELOCATIONS SHALL BE BY A LICENSED PLUMBER TO THE APPROVAL OF MUD." PRE-BID CONFERENCE: The Pre-Bid conference was conducted on Friday, March 30, 2012 at 1 :00 p.m. at 30t" and Tucker Streets. Scope of work in the contract and special provisions were reviewed. Addendum Item No. 1 is a result of Contractor question presented at the conference. Copy of Pre-Bid Conference Agenda and list of those in attendance are attached to this Addendum. END OF ADDENDUM 1 sweeping and blowing or by other methods as required to remove all dirt, and loose materials. • Paint shall not be applied to Portland cement concrete pavement until the concrete in the areas to be painted is clean of curing material. Sand blasting or high-pressure water shall be used to remove curing material from concrete surfaces. d. Layout of Markings. On those sections of pavement where no previously applied markings are available to serve as a guide,the proposed markings shall be laid out in advance of the paint application. e. Application. Markings shall be applied at the locations and to the dimensions and spacing shown on the PLANS. Paint shall not be applied until the layout and condition of the surface have been approved by the ENGINEER. The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine with a wet film thickness of 15.0 mils. The addition of thinner will not be permitted. The edges of the markings shall not vary from a straight line more than 2 inches in 50 feet, and the dimensions shall be within a tolerance of plus or minus 5 percent. f. Protection. After application of the paint, all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from disfiguration by spatter, splashes, spillage, or drippings of paint. S.P.-12 PAVEMENT MARKINGS EGA111104 1 elect to retain the maintenance of trees during the second year upon approval of the City. Trees will be reviewed at the beginning and end of year two. Any dead or dying material,as defined,shall be replaced by the Contractor as part of the Warranty. END OF SECTION from mortar and debris, accurate to line and grade, and otherwise suitable for planting operations. her and soil conditions permit. The dates may be extended by the City Project Manager Representative if the weather and soil conditions permit. C. Container stock may be planted using the same dates and conditions as outlined for balled and burlap stock(#3.02.A and#3.02.B.). r. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 Florence Streetscape Meeting Agenda Meeting Date: March 30, 2012 Time: 1:00 P.M. Location: 30th and Tucker Street,Project Site Project Name: Florence Streetscape Vireo Project No.: P-12009 Those Present: Please fill out the sign-in sheet being passed around. PURPOSE: Pre-Bid Meeting TOPICS TO DISCUSS: 1) Construction Plans: • Removals • Sidewalks • Curb and Street • Storm Sewers • Signs and Vegetation • Street Lights • Signaled Crosswalk by Public Works • Streetscape amenities to remove, store, and reinstall • New Scope of Work Amenities • Curb and gutter • PCC Walks • Access ramps to businesses • Tree Planters • Storm Sewer modifications • OPPD provided pole fixtures • MUD coordination for water and gas valve relocations • Bioretention Basins • Permit Regulations • PCSMP 1 The Pre-Bid conference was conducted on Friday, March 30, 2012 at 1 :00 p.m. at 30t" and Tucker Streets. Scope of work in the contract and special provisions were reviewed. Addendum Item No. 1 is a result of Contractor question presented at the conference. Copy of Pre-Bid Conference Agenda and list of those in attendance are attached to this Addendum. END OF ADDENDUM 1 sweeping and blowing or by other methods as required to remove all dirt, and loose materials. • Paint shall not be applied to Portland cement concrete pavement until the concrete in the areas to be painted is clean of curing material. Sand blasting or high-pressure water shall be used to remove curing material from concrete surfaces. d. Layout of Markings. On those sections of pavement where no previously applied markings are available to serve as a guide,the proposed markings shall be laid out in advance of the paint application. e. Application. Markings shall be applied at the locations and to the dimensions and spacing shown on the PLANS. Paint shall not be applied until the layout and condition of the surface have been approved by the ENGINEER. The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine with a wet film thickness of 15.0 mils. The addition of thinner will not be permitted. The edges of the markings shall not vary from a straight line more than 2 inches in 50 feet, and the dimensions shall be within a tolerance of plus or minus 5 percent. f. Protection. After application of the paint, all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from disfiguration by spatter, splashes, spillage, or drippings of paint. S.P.-12 PAVEMENT MARKINGS EGA111104 1 elect to retain the maintenance of trees during the second year upon approval of the City. Trees will be reviewed at the beginning and end of year two. Any dead or dying material,as defined,shall be replaced by the Contractor as part of the Warranty. END OF SECTION from mortar and debris, accurate to line and grade, and otherwise suitable for planting operations. her and soil conditions permit. The dates may be extended by the City Project Manager Representative if the weather and soil conditions permit. C. Container stock may be planted using the same dates and conditions as outlined for balled and burlap stock(#3.02.A and#3.02.B.). r. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 2) Specifications: • Lump Sum • Final quantities to be the responsibility of the Contractor • Tier I&Tier II(Page A-2) 3) Project Procedures • Documentation of the existing individual properties • Coordination with each individual merchant • Weekly progress meetings and advance notice • Maintaining public access • Communication,communication, communication. 4) Questions Comments: • • • • • • Page 2 ation for award has been received by the City Clerk. The City reserves the right to reject any or all proposals and to waive any informalities, irregularities, mi- nor defects, or technical errors as may be deemed best for the interests of the City. S.P.- 13 Attorney * Instructions: Type name of persons under signature of each. Construction R-`t 6/97 FLORENCE STREETSCAPE PRE-BID CONFERENCE SIGN-IN SHEET Project: Florence Streetscape Date: 3-30-12 Project No.: Vireo #P-12009 Location: 30th and Tucker Streets Purpose of Meeting: Pre-Bid Conference Name Representing a . ,Phone E-mail • 0>lei 0,k1, 4/67-‘ 7O Dooq tui ,cc2:7--- D.206 e5 "rz)24. Y.6 --745-g d ,,,(e e rcks V z OAAAs e r 4S 6 c„- -Ski 0 V&R —\i U - • 2: 0.`74?3 d/l & -(•\.11/cIrcfet.'.cod c1 E(Dk , Ito2 5-75-'G�D7 v v����S1),Oe6v- � •r� ��� ,�ram( - Oot,t, Se % ` 1 c o • !� D Z-' j 3' �S '�✓b .-Q- �.J L a� d Z 1-c- ( - trC 6 -1~.- 40Z 4H14 • 553o . hc.v name of persons under signature of each. Construction R-`t 6/97 • u L.) _k3 r' ; 1 . r " c V ^J i•f U ;4s A `h- ' N:- •i3 1 �, .0 a.+ O CA. M 3 °' ova AZ ii N N •v �.J rq.�'� . ri O O.C.) N N ..y . 'IN i 7.: env O u ,.. eql CO) .r .r • OV 3 A ,� ,. `'r t w w 's3 ::1', o A aca a ,.... � \h ',--,.;. z • W as N b A Ey Q COD 1 0-4 O 3 z v og u c 4 r=1, % ,. • tz " ;= A 0 b • Jatwo C 00 A C_) 1 er signature of each. Construction R-`t 6/97 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on April 11, 2012 for OPW 52230-PD, W Florence Streetscape Project for streetscape improvements at North 30th Street, Willit to Clay Streets; and, WHEREAS, Swain Construction submitted a bid of $487,066.00, being the lowest and best bid within the bid specifications for OPW 52230-PD, W Florence Streetscape Project; and, WHEREAS, Swain Construction has complied .with the City's Contract Compliance Ordinance No. 28885 in relation to Civil Rights - Human Relations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the attached contract with Swain Construction for OPW 52230-PD, W Florence Streetscape Project for streetscape improvements at North 30th Street, Willit to Clay Streets in the amount of $487,066.00 is hereby approved and the Finance Department is authorized to pay $487,066.00 from the 2006 Transportation Bonds, Project No. 3372, Fund No. 13182, Organization No. 117116, 2011 Issue Transportation Bonds. APPROVED AS TO FORM: S f-CITY ATTORNEY D TE Plnlsf1679-res By a€07144 Co i 'lmember Adopted MAY 12012 7-Q G Cit lerk sl2/2 Approved.. . Mayor Addendum. END OF ADDENDUM 1 sweeping and blowing or by other methods as required to remove all dirt, and loose materials. • Paint shall not be applied to Portland cement concrete pavement until the concrete in the areas to be painted is clean of curing material. Sand blasting or high-pressure water shall be used to remove curing material from concrete surfaces. d. Layout of Markings. On those sections of pavement where no previously applied markings are available to serve as a guide,the proposed markings shall be laid out in advance of the paint application. e. Application. Markings shall be applied at the locations and to the dimensions and spacing shown on the PLANS. Paint shall not be applied until the layout and condition of the surface have been approved by the ENGINEER. The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine with a wet film thickness of 15.0 mils. The addition of thinner will not be permitted. The edges of the markings shall not vary from a straight line more than 2 inches in 50 feet, and the dimensions shall be within a tolerance of plus or minus 5 percent. f. Protection. After application of the paint, all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from disfiguration by spatter, splashes, spillage, or drippings of paint. S.P.-12 PAVEMENT MARKINGS EGA111104 1 elect to retain the maintenance of trees during the second year upon approval of the City. Trees will be reviewed at the beginning and end of year two. Any dead or dying material,as defined,shall be replaced by the Contractor as part of the Warranty. END OF SECTION from mortar and debris, accurate to line and grade, and otherwise suitable for planting operations. her and soil conditions permit. The dates may be extended by the City Project Manager Representative if the weather and soil conditions permit. C. Container stock may be planted using the same dates and conditions as outlined for balled and burlap stock(#3.02.A and#3.02.B.). r. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1)through(7)of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. A-1 2/2010 E THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S384135/M371050 DKK SP ; �oF :g; seals of said corporations;that said instrument was signed and sealed on behalf of each of the * ,own" ' GATH'DAKU, ;S'�+oiNEs.,°j; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers,acknowledged the execution of said instrument to be the ,M4 [m. voluntary act and deed of each of the Companies. fUT04 9 My Commission Expires March 13,2014. ,0, m •* L. LAUREL A.BLOSS 4pu.0„JI a. cEJ• o`� Commission Number 183662 ��. i� L yio� A P My Comm.Exp.Marla,2014 Notary Public in and for the State of Iowa NES,�0 CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whe.Legf I have subscribed my name and affixedthe facsimillAaiay // each Company this bb day of Aprill ll !rQ Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 6, 1993, The Owner has not retained the AT to make detailed inspections that does not meet the accessibility and usability requirements of or to provide exhaustive or continuous project review and the ADA except where an entity can demonstrate that it is observation services.The AT does not guarantee the performance structurally impractical to meet such requirements. The Owner of, and shall have no responsibility for, the acts or omissions of acknowledges that the requirements of the ADA will be subject to any contractor, subcontractor, supplier, or any other entity various and possibly contradictory interpretations. The AT, furnishing materials or performing any work on the project. therefore, will use his or her reasonable professional efforts to • interpret applicable ADA requirements and other Federal,state and 7. DELAYS: The AT is not responsible for delays caused by local laws,rules,codes,ordinances and regulations as they apply to factors beyond the A/E's reasonable control, including but not the project. The AT, however, cannot and does not warrant or limited to delays because of strikes,lockouts,work slowdowns or guarantee that the Owner project will comply with the stoppages, accidents, acts of God, failure of any governmental or interpretations of ADA requirements and/or requirements of other other regulatory authority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and Owner to furnish timely information or approve or disapprove of regulations as they apply to the project. the A/E's services or work product promptly,or delays caused by 4 ".. tf k .y W O a O �]. "sue O R. vn Oi -h Q w N '�" za O � •p ¢ CDo c'D l� C7 N• O. pp '_,7 O,O• G O N 0 Q" .2. c (-) 69 , N 0 C CD •• co .A. 'ill, .t N n 0 ,-- c) C7 J O o N n �-` J CD O pa GG T PN N N P. gin' O 71) e \ +n \h ',--,.;. z • W as N b A Ey Q COD 1 0-4 O 3 z v og u c 4 r=1, % ,. • tz " ;= A 0 b • Jatwo C 00 A C_) 1 er signature of each. Construction R-`t 6/97