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RES 2010-0259 - Agmt with NDOR for street resurfacing • • ;0F`, °41 g�p� ou Public Works Department u�►`���i E E C E I ?�E U Omaha/D bs Gvic Center ` 1819 Famam Street,Suite 601 1 n rA F .t KF 1 March 9 2010 3Omaha,Nebraska 28444-5220 �r =—,.•-•ryj (402)444 5220 {{*+ff r { p Fax(402)444-5248 AOA4TFDFEBIOt'� Cr3 ! i GL.'E lK City of Omaha O M A H k, NEBRASKA. Robert G.Stubbe,P.E. Jim Suttle,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an agreement with the State of Nebraska Department of Roads (NDOR) that allows the City of Omaha to design and prepare specifications for a major street resurfacing project (package 1) within the City of Omaha. This project is identified as Federal Aid Project MAPA-5049(4) and State Control No. 22445. This Project is eligible for American Recovery and Reinvestment Act funds by the Depaitiiient of Transportation in accord with the Attached Agreement. The total cost of the work is estimated to be $4,785,840. NDOR will advertise,bid and oversee the construction of this project. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, This action has been reviewed and found to be in conformance with the Master Plan. r 2 rAlaiii% 24, obert G. Stubbe, P.E. Date P. Cunningham,`T Mate Public Works Director Planning Direc sr Approved as to Funding: Referred to City ouncil for Consideration: _t/5.2","3„ele-.C.0.07...- 7 • 2L6ebA)I Pam Spaccarotella Date M or' Office Date Finance Director "1/ 442hf $13,125.00 Daedalus Construction Company $3.00 per SF $7,500.00 TAB Construction Company $12.80 per SF $32,000.00 26 900.026 6"CONCRETE DRIVEWAY,TYPE L85 . Engineeer's Estimate 375 @ $30.00 per SY $11,250.00 — Navarro Enterprise Construction, Inc. $35.00 per SY $13,125.00 Swain Construction, Inc. $39.64 per SY $14,865.00 Midwest Paving, Inc. $36.00 per SY $13,500.00 Daedalus Construction Company $60.00 per SY $22,500.00 TAB Construction Company $26.40 per SY $9,900.00 (LINES 1 Through 26 INCLUSIVE) Bid Tabulation, generated admin on 2/10 2010 12:36:55 PM for project OPW 51889 / ' oZ be)//D CERTIFIED BY: vI��1 i' ' ��i/,�<7� DATE:. v' Page 7 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 21 310.000 CRUSHED ROCK FOR SURFACING • Engineeer's Estimate 100 @ $17.00 per TON $1,700.00 Navarro Enterprise Construction, Inc. $19.00 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 AGREEMENT CITY OF OMAHA, NEBRASKA • STATE OF NEBRASKA, DEPARTMENT OF ROADS PROJECT NO. MAPA-5049(4), STATE CONTROL NO. 22445 OMAHA MAJOR STREET RESURFACING PKG 1 THIS AGREEMENT, made and entered into by and between the City of Omaha, • Nebraska,hereinafter referred to as the"City", and the State of Nebraska, Department of Roads, hereinafter referred to as the"State", and hereinafter referred to collectively as the • "Parties." WITNESSETH: WHEREAS, certain streets in the City have been designated as being eligible for American Recovery and Reinvestment Act(ARRA)Funds by the Department of Transportation, Federal Highway Administration, hereinafter called the FHWA, in compliance with Federal laws pertaining thereto,and WHEREAS,ARRA Funds have been made available by Title 23 of the United States Code, providing for improvements on eligible City Streets, and WHEREAS,the City certifies that it has been designated for ARRA funds and will use the funds provided by ARRA to create jobs, promote economic growth and certifies that this project meets the requirements of ARRA, and WHEREAS,ARRA funds cannot be used for preliminary engineering or Right-of-Way phases, Federal Surface Transportation funds will be used for eligible preliminary engineering, • and WHEREAS, regulations for implementing the provisions of the above mentioned act provide that the Federal share of the cost of those projects will be paid only to the State, and WHEREAS,the State is willing to cooperate to the end of obtaining Federal approval of the proposed work and Federal Funds for the construction of the proposed improvement, with the understanding that no State Funds are to be expended on this project, and • WHEREAS,the State's responsibility is to provide quality assurance and project oversight to ensure that the project is designed, constructed and managed according to Federal rules and regulations. The State will notify the City when Federal funding will be withheld or lost, and WHEREAS, if the City is to receive Federal participation for any portion of the work on the proposed project, it is necessary all phases of work comply with Federal requirements and procedures, and Swain Construction, Inc. $39.64 per SY $14,865.00 Midwest Paving, Inc. $36.00 per SY $13,500.00 Daedalus Construction Company $60.00 per SY $22,500.00 TAB Construction Company $26.40 per SY $9,900.00 (LINES 1 Through 26 INCLUSIVE) Bid Tabulation, generated admin on 2/10 2010 12:36:55 PM for project OPW 51889 / ' oZ be)//D CERTIFIED BY: vI��1 i' ' ��i/,�<7� DATE:. v' Page 7 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 21 310.000 CRUSHED ROCK FOR SURFACING • Engineeer's Estimate 100 @ $17.00 per TON $1,700.00 Navarro Enterprise Construction, Inc. $19.00 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 1 • Responsible charge means the public employee who is fully empowered by the City and • has actual day-to-day working knowledge and responsibility for all decisions related to all aspects of the Federal-aid project from planning through construction project activities, including all environmental commitments. RC is the day-to-day project manager and the City's point-of-contact for this project. Responsible charge does not mean merely delegating the various tasks; it means active day-to-day involvement in identifying issues, investigating options,working directly with stakeholders, making decisions,and actively monitoring project construction. It is understood that RC may delegate or contract certain technical tasks associated with the project so long as RC actively manages and represents the owner's interests in the delegated technical tasks. SECTION 2. This project has been designated as Full Federal oversight and the State shall present this project to the FHWA for its approval, if necessary. SECTION 3. Acknowledging the necessity for prioritizing of funding and the unknown availability of remaining unobligated ARRA funds at the time of eligibility is determine,the City agrees to develop this project in an effort to meet all Federal and State eligibility requirements so the project may be determined eligible for ARRA funding. The City understands this agreement is null and void in the event that(1)the project is determined for any reason to be ineligible for ARRA funding, (2)after eligibility is determined,ARRA funds are not available for this project,or(3)despite the existence of unobligated ARRA funds,the project is not authorized by FHWA for any reason,including the perceived priority of this project compared to other potential ARRA projects. SECTION 4. Responsible Charge(RC) A. The City designates Troy Staroscik as RC for this project. B. Duties and Assurances of the City 1.It has authorized and fully empowered the RC to be in day-to-day responsible charge of the subject Federal-aid project;this does not mean merely supervising,overseeing or delegating the various tasks, it means active day-to- day involvement in the project,including identifying issues, investigating options,working directly with stakeholders,and decision-making. 2.The RC is a full-time public employee. 3.The RC is fully qualified and has successfully completed required training to • serve as a RC. 4. It will allow the RC to spend all time reasonably necessary to properly discharge all duties associated with the project, including ensuring that all Project No. MAPA-5049(4) -4- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 7 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 21 310.000 CRUSHED ROCK FOR SURFACING • Engineeer's Estimate 100 @ $17.00 per TON $1,700.00 Navarro Enterprise Construction, Inc. $19.00 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 • aspects of the project,from planning through post-construction activities, remain eligible for Federal-aid highway project funding. 5. It will not assign other duties to the RC that would affect his or her ability to properly carry out the duties set out in this agreement. 6. It will provide necessary office space, materials,and administrative support for the RC. 7. It will fully cooperate with, support, and not unreasonably interfere with the • day-to-day control of the RC concerning the acts necessary for making the project eligible for Federal funding. 8. It will take all necessary actions and make its best good faith efforts to comply and assist the RC in complying with all Federal and State requirements and policies applicable to Federal-aid transportation projects, including, but not limited to, all applicable requirements of 23 CFR 635.105. 9. It agrees to take all necessary actions and make its best good faith efforts to ensure that the RC's work on the project would be deemed to meet the same standards that the State must meet under 23 CFR 635.105. 10. It will comply with the conflict-of-interest requirements of 23 CFR 1.33. 11. If the designated RC becomes no longer assigned to the project during the design phase, the City shall,within one day or sooner if possible, notify verbally and in writing the State's LPD Quality Management Engineer and the LPD Project Coordinator; after.such notification the City shall replace the RC no later than thirty calendar days or sooner if possible. If the designated RC becomes no longer assigned to the project in the letting or construction phases,the City shall,within one day or sooner if possible, notify verbally and in writing the State's LPD Quality Management Engineer,the LPD Project • Coordinator, and the State District Representative; after such notification, the City shall replace the RC no later than ten calendar days or sooner if possible. During any of the project phases,the State will require the City to sign a supplemental agreement designating the replacement RC. 12. It agrees that it is ultimately responsible for complying with all Federal and State requirements and policies applicable for Federal-aid highway projects. This includes meeting all post-construction environmental commitments. The City understands that failure to meet any eligibility requirements for Federal funding may result in the lost of all Federal funding for the project. In the event Project No. MAPA-5049(4) -5- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 -4- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 7 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 21 310.000 CRUSHED ROCK FOR SURFACING • Engineeer's Estimate 100 @ $17.00 per TON $1,700.00 Navarro Enterprise Construction, Inc. $19.00 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 that the acts or omissions of RC,the City or its agents or representatives result in a finding that a project is ineligible for Federal funding, the City will be required to repay the State some or all previously paid Federal funds and any costs or expenses the State has incurred for the project, including but not limited to,those costs for the RC. C. The City understands that the following are the duties of the RC: 1.Serve as the City's contact for issues or inquiries for Federal-aid projects assigned by the City. 2. Ensure that all applicable Federal, State and local laws, regulations,.policies and guidelines are followed during the development and construction of the • project. 3. Know and follow the State's LPA Guidelines Manual for Federal-Aid Projects. 4. Have active day-to-day involvement in identifying issues, investigating options, working directly with stakeholders,and decision-making. 5. Ensure that the project plans and specifications are sealed, signed, and dated by a professional engineer licensed in the State of Nebraska and that estimates have been prepared and the construction has been observed by a professional engineer licensed in the State of Nebraska or a person under the direct supervision of a professional engineer licensed in the State of Nebraska (reference Neb.Rev.Stat§81-3445). 6. Competently manage and coordinate the project day-to-day operations, including all project-related decisions, on behalf of the City, which includes the City's governing body, staff, and any extended staff dedicated to the project such as consulting engineers. 7. Ensure that project documents are thoroughly checked, reviewed, and have had quality control measures applied, prior to submitting to the State and/or FHWA. 8. Monitor the progress and schedule of the project and be responsible for ensuring that the project is completed on time in accordance with established milestone dates. 9.Notify and invite the State to all coordination meetings,environmental scoping meetings, Plan-In-Hand review, public meetings/hearings. 10.Keep the State informed of all project issues. 11.'Arrange preconstruction conference. Project No. MAPA-5049(4) -6- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 ntal commitments. The City understands that failure to meet any eligibility requirements for Federal funding may result in the lost of all Federal funding for the project. In the event Project No. MAPA-5049(4) -5- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 -4- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 7 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 21 310.000 CRUSHED ROCK FOR SURFACING • Engineeer's Estimate 100 @ $17.00 per TON $1,700.00 Navarro Enterprise Construction, Inc. $19.00 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 12.Keep the State's District Construction Representative informed of project start, and ending dates and other scheduled construction milestones. 13. Prepare contractor change orders and supplemental agreement. 14.Properly serve as the owner's representative and to visit the project site during construction on a frequency commensurate with the magnitude and complexity of the project. 15. Ensure that proper construction management processes have been developed and implemented for the project. 16.Serve as a steward of the public funds, i.e. ensure that the public gets what it is paying for. 17.Attend all required training including the annual workshop. 18. Fulfill continuing education requirements as specified in the State's LPA Guidelines Manual for Federal-aid Projects. SECTION 5. ARRA funds cannot be used for preliminary engineering or Right-of-Way phases. Federal Surface Transportation Program funds will be used to pay preliminary engineering phase, and 100 percent City funds for any Right-of-Way. SECTION 6. The City further certifies this project meets the requirements of ARRA as follows: 1. The City will provide a qualified full-time public employee to be the RC of the project at all times. 2. The investment has received the full review and vetting as required by law. 3. The City accepts responsibility that this infrastructure investment is an appropriate • use of taxpayer dollars. 4. This investment will be used for Project No. MAPA-5049(4), which is included in the Statewide Transportation Plan, and has an overall cost estimate of$4,800,839, of which$4,785,840 is estimated to be ARRA funds, however;this is a preliminary estimate and the final award may be higher or lower than this estimate. When • • actual construction contract award amount is known, a supplemental agreement with the capped amount of ARRA funds will be executed between the City and State. 5. The Federal ARRA share of the project is to be 100 percent of the capped ARRA amount,which includes the awarded construction amount and the construction engineering. The allowable construction engineering cost will be 13 percent of the capped construction award amount, plus a flat fee of$2,500 for ARRA audits. 6. Any charges beyond the capped ARRA amount will be STP funds. • Project No. MAPA-5049(4) -7- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 ing may result in the lost of all Federal funding for the project. In the event Project No. MAPA-5049(4) -5- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 -4- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 7 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 21 310.000 CRUSHED ROCK FOR SURFACING • Engineeer's Estimate 100 @ $17.00 per TON $1,700.00 Navarro Enterprise Construction, Inc. $19.00 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 7. The City shall follow ARRA reporting requirements and agrees that the State will not approve Federal Stimulus or State funds unless all ARRA reporting requirements are met and any funds already paid out by the City will not be reimbursed. SECTION 7. The State will pay the contractor and consultant directly as follows. •A. All project contractor construction costs will be paid directly to the contractor by the State. Progress invoices and final invoices shall be prepared by the City using SiteManager software and must be approved by the City's Responsible Charge before payment to the Contractor can be made by the State. B. The City's Responsible Charge shall submit the City's approved preliminary engineering invoice and progress report to the State's Local Projects Division Project Coordinator. The Local Projects Division Project Coordinator will forward the approved preliminary engineering invoice and the progress report to the State's Planning and Project Development Division for payment processing. The State will make payment directly to the consultant for the preliminary engineering. C. The City's Responsible Charge shall submit the City's approved construction engineering invoice and progress report to the State Representative for approval of payment,with a copy to the State's Local Projects Division Project Coordinator. The State Representative will forward the approved invoice and progress report to the State's Planning and Project Development Division for payment processing with a copy to the State's Local Projects Division Project Coordinator. The State will make payment directly to the consultant for the construction engineering. SECTION 8. The City understands that payment for the costs of this project, whether they be services, engineering, Right-of-Way, utilities, material or otherwise, are the sole responsibility of the City where Federal participation is not allowable or available. Therefore,where the Federal government refuses to participate in the project or any portion of the project the City is responsible for full project payment with no cost or expense to the State in the project or portion of the project. Should the project be abandoned before completion,the City shall pay all costs incurred by the State prior to such abandonment. The City shall maintain all correspondence files, books, documents, papers,field notes, quantity tickets, accounting records and other evidence pertaining to costs incurred and shall make such material available at its office at all reasonable times during the contract period and Project No. MAPA-5049(4) -8- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 . 22445 Omaha Major Street Resurfacing, Pkg 1 7 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 21 310.000 CRUSHED ROCK FOR SURFACING • Engineeer's Estimate 100 @ $17.00 per TON $1,700.00 Navarro Enterprise Construction, Inc. $19.00 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 for three years from the date of final payment under this agreement; such records must be available for inspection by the State and the FHWA or any authorized representatives of the Federal government, and the City shall furnish copies to those mentioned in this section when requested to do so. SECTION 9. The City shall have on file with the State an acceptable drug-free workplace policy. • SECTION 10. Because the City is to receive Federal Funds for any part of this project,the City shall perform the services for all phases of work,including, but not limited to preliminary engineering, environmental studies, acquisition of Right-of-Way,construction(includes construction engineering), etc., according to Federal procedures and requirements as well as the current Local Public Agencies Guidelines Manual for Federal-Aid Projects. Although Federal Funds may be allocated to the project, all phases or certain phases of work will become ineligible for Federal Funds if Federal procedures and requirements are not met. Prior to beginning any phase of work on the proposed project, the City shall contact the State's Local Projects Division Urban Engineer for direction and assistance to ensure that all project work will be accomplished according to Federal procedures and requirements. SECTION 11. If the City performs any part of the work on this project itself,the City shall abide by the provisions of the Nebraska.Fair Employment Practices Act as provided by Neb.Rev.Stat. §48-1101, through 48-1126, and all regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation,Title 49 CFR, Parts 21 and 27 as set forth in the DISCRIMINATION CLAUSES Section of this agreement. SECTION 12. The funding for the project under this agreement includes pass-through federal monies from the FHWA. According to the Single Audit Act Amendments of 1996(signed into law by President Clinton on July 5, 1996)and the implementing regulations contained in OBM Circular A-133, the A-133 Audit is required if the non-federal entity expends$500,000 or more in total federal awards in a fiscal year. Non-federal entity means state and local governments and non-profit organizations. The City shall have its finance officer or auditor, review the situation to determine what the City must do to comply with this Federal mandate. If applicable,the expenditures related to the FHWA should be shown in the Supplementary Schedule of Expenditures of the Federal Awards under U.S. Department of Transportation as a pass-through Nebraska Department of Roads, Federal CFDA Number 20.205. If an A-133 Audit is performed,the City shall send the. audit report to the Nebraska Department of Roads, Highway Audits Manager, P.O. Box 94759, Lincoln, NE 68509-4759. Project No. MAPA-5049(4) -9- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 21 310.000 CRUSHED ROCK FOR SURFACING • Engineeer's Estimate 100 @ $17.00 per TON $1,700.00 Navarro Enterprise Construction, Inc. $19.00 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 SECTION 13. The final settlement between the State and the City will be made after the State accepts the project and the final costs have been determined by the State. The amount of the final settlement between the State and the City will be the difference between: • (1) (a) the net expenditure by the City for actual cost items (b) Plus the value of work performed by the City based on agreed prices (c) Less previous payments by the State to the City, and (2) The City share of the project cost. If(1)is greater than(2)the State will pay to the City the difference within thirty days after that determination has been made. If(2)is greater than(1)the State will bill the City for the difference. The City agrees to pay the State the amount of such bill within thirty days of its receipt. Costs incurred by the State with respect to the entire project must be considered as a part of the cost of the project to be paid out of City and Federal funds. The State may, at its discretion, initiate progress invoices for costs incurred by the State during the progression of the project and the City agrees to pay such invoices within thirty days of their receipt. The City's share of the total project cost will be all costs not paid for by Federal funds. The criteria contained in Part 31 of the Federal Acquisition Regulations System (48 CFR 31)will be applied to determine the allowability of costs incurred by the City under this agreement. SECTION 14. The parties agree that preliminary engineering,which includes project design, plan development, environmental studies and final design,will be accomplished by the City or a State certified Consultant selected by the City. If a Consultant is to be selected,the method of procurement and evaluation must follow all guidelines and requirements outlined in the State's LPA Federal Aid Guidelines Manual. That State will review and approve the Request for Proposals prior to advertising. Any PE work performed prior to Federal authorization and receipt of a Notice to Proceed will not be eligible for Federal Aid. It is understood by the parties that the State will rely on the professional performance and ability of the City or their Consultant. Any examination by the State, or acceptance or use of the work product of the City or their consultant will not be considered to be a full and comprehensive examination and will not be considered an approval of the work product of the City or their Consultant which would relieve the City from any liability or expense that would be connected with the City's sole responsibility for the propriety and integrity of the professional work to be accomplished by the City. Project No. MAPA-5049(4) - 10'- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 Project No. MAPA-5049(4) -9- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 21 310.000 CRUSHED ROCK FOR SURFACING • Engineeer's Estimate 100 @ $17.00 per TON $1,700.00 Navarro Enterprise Construction, Inc. $19.00 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 SECTION 15. The City or its Consultant shall design the project according to the current AASHTO Policy on Geometric Design of Highways and Streets, the Nebraska Minimum Design Standards of the Board of Public Roads Classifications and Standards and to the Americans with Disabilities Act(ADA)Accessibility Guidelines. All plans, specifications and bid proposals, permits and any other contract documents must be submitted to the State prior to any bid letting by the State. Any deviations from the above publications must be approved by the State. SECTION 16. ENVIRONMENTAL RESPONSIBILITY The City shall be responsible to complete any federally required environmental actions, commitments, and documents for this project, and receive approval by the State and the FHWA prior to proceeding with appraising property,acquiring any Right-of-Way,or final design for the project. When it is determined that a public hearing is a federal requirement for the project,the City shall offer an opportunity for a location or design hearing or combined location and design public hearing. If a public hearing is required,the City shall contact the State's Public Hearing Officer (PHO)prior to doing any public hearing activity, so the'PHO can advise the City of the proper procedures and policies for conducting the hearing. The City can contact the State's PHO by calling(402)479-4871. • SECTION 17. Any eligible utility work authorized prior to construction, authorized with other (non-ARRA)Federal funds or done under a separate contract will not be eligible for ARRA funds, and shall be paid with 100 percent City funds. If eligible utility work is authorized with the construction,and the authorization occurred after February 17,2009,then it is eligible for ARRA funds: SECTION 18. Any utility rehabilitations or installations made within the Right-of-Way on this project after execution of this agreement must be in accordance with the provisions of Federal-Aid Highway Policy Guide, 23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement", and Federal-Aid Policy Guide, 23 CFR 645B, "Accommodation of Utilities" issued by the U.S. Department of Transportation, Federal Highway Administration, or a State approved Utility Accommodation Policy. In order to receive Federal-Aid Funds for this improvement, the City shall follow the current"Policy for Accommodating Utilities on State Highway Right-of-Way." Any work within the State Right-of-Way requires a permit. The City shall contact the State's District Engineer or Permits Officer to determine if a permit or permits is needed for the project and to make application for those permits if necessary. Project No. MAPA-5049(4) - 11 - • Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 et Resurfacing, Pkg 1 Project No. MAPA-5049(4) -9- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 21 310.000 CRUSHED ROCK FOR SURFACING • Engineeer's Estimate 100 @ $17.00 per TON $1,700.00 Navarro Enterprise Construction, Inc. $19.00 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 All nonbetterment municipally owned and operated utility rehabilitation costs within the corporate limits of the city will become a project cost, but that outside the corporate limits, only the nonbetterment portion.of the rehabilitation costs of facilities currently occupying private Right-of-Way will be reimbursed. Further,there will be no Federal reimbursement for private or nonmunicipally owned and operated utilities if they are located on public Right-of-Way, however, nonbetterment costs of privately owned and operated utilities will be reimbursed if they exist on privately owned Right-of-Way and it is necessary to rehabilitate the utilities due to this project. All such reimbursements will be based on items and estimates submitted by the utility and approved by the City and State. Should this project necessitate the nonbetterment rehabilitation of any privately owned and operated utilities, then the City shall send the State an estimate of those nonbetterment utility rehabilitation costs prior to the work being done. The City shall pay for utility nonbetterment rehabilitation and then bill the State for those eligible reimbursement costs. All reimbursements will be based on the actual costs of material, services and labor. This will be subject to audit, if the State deems that one is necessary. SECTION 19. The Federal law governing acquisition and relocation on federally assisted • projects is Public Law 91-646,the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, commonly called just the Uniform Act. The City shall comply with the Uniform Act,and the State's Right-of-Way Acquisition guide for new LPA's. The Uniform Act applies whenever Federal dollars are used in any phase of a project, such as Planning, engineering, environmental studies,or construction. The Uniform Act must be followed even if there is NO Federal funding in the Right-of-Way phase. The State's Relocation Assistance Act, Neb. Rev. Stat. 76-214 through 76-1238 applies on all projects. Prior to beginning Right-of-Way appraisals and acquisition,the City shall submit to the Local Projects Division Urban Engineer Right-of-Way plans, legal descriptions and an estimate for review and approval. If acceptable,the State will issue the City a Notice-to-Proceed with the Right-of-Way work phase. The City shall present to the State, a Right-of-Way Certificate that certifies the City has complied with the Uniform Act requirements and that the project is ready for construction. The State will grant the City authorization to proceed with the construction phase of the project, if the documentation submitted by the City supports the Right-of-Way Certificate. SECTION 20. The City at no cost to the project,shall clear the present Right-of-Way of this project of all advertising signs. The City at no cost to the project, shall clear any other privately owned facility or thing that may interfere with the construction, maintenance and operation of Project No. MAPA-5049(4) - 12- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 the improvement planned in this project, and keep the old and new Right-of-Way free of future encroachments, except those authorized by permit. SECTION 21. The City shall locate and reference or have located and referenced all section corners, quarter section corners and subdivision lot corners required for construction of the proposed project in accordance with Section 39-1708 et. seq., R.R.S. 1943 as amended. SECTION 22. The Federal share of this project must be reduced by any project specific local property assessments that exceed the appropriate local share on this project. This is subject to State review. SECTION 23. The City shall certify after accomplishment, that any Right-of-Way for this improvement not donated in compliance with FHWA guidelines will be acquired in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, 49 CFR 24, and the NDOR Right-of-Way Manual as approved by FHWA. SECTION 24. Prior to advertising the project for bids, the City shall submit a Right-of-Way Certificate and the final plans package(100 percent full size plans, specifications,summary of quantity sheets, status of utilities, environmental permits and other PS& E required documents) to the State's Local Projects Division Urban Engineer for review. The State and City agree the State is to advertise and conduct a letting and receive bids for the City on the contemplated improvement. The selection of the lowest responsible bidder and the awarding of a contract or contracts must be concurred in by the City prior to State award. The City shall sign the Contract or Contracts. SECTION 25. The State and City agree that the construction engineering, which is an eligible project expense and which includes construction management, staking, inspection and field testing, will be accomplished by City forces or a State Certified Consultant selected by the City. The City agrees, if a Consultant is to be selected, that the method of procurement and evaluation and the resulting agreement between the Consultant and the City must conform to the State's standard practices and will be subject to State review and concurrence prior to agreement execution between the City and the Consultant. Any CE work performed prior to Federal authorization and receipt of a NTP will not be eligible for Federal funding. The inspection, sampling and testing of all materials must be done in accordance with the current State of Nebraska Standard Specifications for Highway Construction, the State Materials Sampling Guide, Quality Assurance Program for Construction,and the State Standard Methods of Tests(www.transportation.nebraska.gov)or applicable AASHTO or ASTM procedures. The City shall provide adequate quality control, construction administration on the project and will be responsible for the sampling and delivery of project materials for testing to a Project No. MAPA-5049(4) - 13- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 . 22445 Omaha Major Street Resurfacing, Pkg 1 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 qualified laboratory. In all cases, the State will provide a State District Construction Representative designated by the State on a part-time basis, who will inspect the project, perform quality assurance,and ensure that the City is in compliance with the contract, plans, specifications,scope of work, regulations, statutes, etc., in order that Federal Funds may be expended on the project. Upon project completion, the City shall complete and sign a State DR Form 299,"Notification of Project Completion and Materials Certification"and provide it to the State District Construction Representative for further action. The City by signing DR Form 299 certifies that all sampling and test results of materials • used on the project, manufacturer's certificates of compliance and manufacturer's certified test reports meet contract requirements and are on file with the City and the City shall make them available for inspection to the State and the FHWA or their authorized representatives when requested in writing to do so. The State District Construction Representative assigned to the project will conduct a final review of the project and will determine if the project is acceptable. If the State District Construction Representative determines the project is acceptable, the State District Construction Representative will sign the DR Form 299 and send it to the State District Engineer for signature. The State District Engineer will forward the form to the State's Local Projects Division Urban Engineer for signing, project closeout and final payment. If the State District Construction Representative determines the project is not acceptable,the State District Construction Representative will notify the City in writing of what needs to be done to bring the project into compliance for acceptability before the State District Construction Representative will sign the DR Form 299 and recommend the project for closeout. The City shall contact the . State's District Engineer for State District Construction Representative assignment. It is understood that any construction engineering services furnished by the State will be part of the cost of the project and the State's expenses will be included as costs of the project, as specified in this agreement. SECTION 26. Changes to the City streets which affect the function or operation of the improvement made either during construction or after the project is completed,will require prior • approval of the State. Requests for changes during project construction must be made to the State Representative who will then forward it to the Local Projects Division Urban Engineer for final approval. Upon project completion and final review, the City shall send one set of"As-Built" plans to the State's Local Projects Division Urban Engineer and one set to the State's District Engineer. Project No. MAPA-5049(4) - 14- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 . 22445 Omaha Major Street Resurfacing, Pkg 1 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 • SECTION 27. Upon project completion,the City shall maintain the project at its own expense, and agrees to make provisions each year for the maintenance costs involved in properly maintaining this facility. The City shall also be responsible for any required environmental commitments and monitoring after the construction of the project. The City will release and hold harmless the State and FHWA from any suits brought against the State arising out of the City's construction and maintenance. SECTION 28. Traffic control during project construction must conform with the Manual on Uniform Traffic Control Devices. Before final acceptance of the project by the State,all signing and marking must be in conformance with the current Manual on Uniform Traffic Control Devices. SECTION 29. DISADVANTAGED BUSINESS ENTERPRISES A. Policy The City shall ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal Funds under this agreement. Consequently, the disadvantaged business requirements of 49 CFR Part 26 are hereby made a part of and incorporated by this reference into this agreement. B. Disadvantaged Business Enterprises Obligation The City and State shall ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal Funds provided under this agreement. In this regard,the City shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. The City shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FHWA assisted contracts. The City, acting as a subrecipient of Federal-aid funds on this project shall adopt the disadvantaged business enterprise program of the State for the Federal-aid contracts the City enters into on this project. Failure of the City to carry out the requirements set forth above shall constitute breach of contract and, after the notification of the FHWA, may result in termination of the agreement or contract by the State or such remedy as the State deems appropriate. Project No. MAPA-5049(4) - 15- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 uction must be made to the State Representative who will then forward it to the Local Projects Division Urban Engineer for final approval. Upon project completion and final review, the City shall send one set of"As-Built" plans to the State's Local Projects Division Urban Engineer and one set to the State's District Engineer. Project No. MAPA-5049(4) - 14- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 . 22445 Omaha Major Street Resurfacing, Pkg 1 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 SECTION 30. NONDISCRIMINATION CLAUSES During the performance of this agreement,the City,for itself, its assignees and successors in interest agrees as follows: (1) Compliance with Regulations: The City shall comply with the Regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation(Title 49, Code of Federal Regulations, Parts 21 and. 27, hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: The City, with regard to the work performed by it after award and prior to completion of the contract work, shall not discriminate on the basis of disability, race, color, sex, religion or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix"A,""B,"and"C"of Part 21 of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and.Equipment: In all solicitations either by competitive bidding or negotiation made by the City for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the City of the City's obligations under this agreement and the Regulations relative to nondiscrimination on the basis of disability, race, color, sex, religion or national origin. (4) Information and Reports: The City shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records,accounts, other sources of information, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the State, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the City's noncompliance with the nondiscrimination provisions of this agreement,the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including but not limited to, Project No. MAPA-5049(4) - 16- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 review, the City shall send one set of"As-Built" plans to the State's Local Projects Division Urban Engineer and one set to the State's District Engineer. Project No. MAPA-5049(4) - 14- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 . 22445 Omaha Major Street Resurfacing, Pkg 1 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 (a) withholding of payments to the City under this agreement until the City complies, and/or (b) cancellation, termination or suspension of this agreement, in whole or in part. (6) Incorporation of Provisions: The City shall include the provisions of paragraph(1) through(6)in every subcontract, including procurements of materials and leases of • equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The City shall take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the City may request the State to enter into such litigation to protect the interests of the State, and in addition,the City may request the United States to enter into such litigation to protect the interests of the United States. SECTION 31. It is mutually agreed that the final approval of the project will be made by the State and that final project close-out and final payment cannot be made to the City until the project has been approved by the State. SECTION 32. This agreement contains the entire agreement of the City and State. No representations were made or relied upon by the City and State other than those expressly set forth herein. No agent, employee or other representative of the City and State is empowered to alter any of the terms in this agreement unless done in writing and signed by an authorized officer of the City and State. SECTION 33. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City will have a financial interest,direct or indirect, in any City contract. Any violation of this section with the knowledge of the person or corporation contracting with the City will render the contract or agreement voidable by the Mayor or council. Project No. MAPA-5049(4) - 17- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 her who fails or refuses to furnish this information, the City shall so certify to the State, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the City's noncompliance with the nondiscrimination provisions of this agreement,the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including but not limited to, Project No. MAPA-5049(4) - 16- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 review, the City shall send one set of"As-Built" plans to the State's Local Projects Division Urban Engineer and one set to the State's District Engineer. Project No. MAPA-5049(4) - 14- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 . 22445 Omaha Major Street Resurfacing, Pkg 1 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. O N E 3 N E 3 N H N H H N H M H M H CQ M H H M a M 3 0 H H H H H H H H H H H H H H H H H H H W a H O O O O O O O O 0 O 0 O 0 0 0 O 0 U) ) l0 W N O M o E O H o H O H O H 0 H.o ra • a • H • W • Z ' 3 H o a H Cn H a H Z N' W C W co W O W o W O W O W a) Z O H rn C7 0C < cn W O ,n W ,-a o W U 0 M N Va O W O Oo Ho > o aHa l0a-10al0 al0aNa61 O WNON •> aN > x 0 'J alZ Oa 2n d• zd' aaN' O d' Z ' zd d d' d W d' ' 7 ' ' aacoa3O3OH3O23OM 0 off H a CD a E Z O o Z H CO W X M KC d' < 1n W to O N O co 'n C O o.d' H o N X M O d' O C W to W O N W a co W H m O Z W In Z L0 H N a Ln U.1n U 'n H In H C N l0 CO 10 W l0 U l0 a' to a 10 a O to a H l0 a U 10 a H H O O O O O O O O O O . O O O O 0 O W o ,-7 H 0 0 0 0 0 0 0 0 0 0 , 0 O 0 0 .0 0 u) 0 IN WITNESS WHEREOF, the City and State hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City this day of , 20_ WITNESS: CITY OF OMAHA Buster Brown Jim Suttle City Clerk Mayor EXECUTED by the State this day of , 20_ STATE OF NEBRASKA DEPARTMENT OF ROADS Jim Wilkinson, P.E. Local Projects Division Engineer RECOMMENDED: Timothy W.Weander, P.E. /A. Dis c 2 En n er , AGR12-pn APPROVED AS TOEORM: DEPUTY CITY ATTORNEY Project No. MAPA-5049(4) - 18- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 Bid Tabulation, Generated by: admin for project OPW 51889 musk, A` Q K le. L ) +11 i. a tter-/6-6-0 g- KYn'L Mayor L: ,. 1 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, a Program Agreement with the Nebraska Department of Roads for major street resurfacing (package 1) in the City of Omaha is required before any work can start; and, WHEREAS, this project, identified as Federal Aid Project MAPA-5049(4) and State Control No. 22445 is eligible for American Recovery and Reinvestment Act funds by the Department of Transportation in accord with the terms of the attached Agreement which by this reference is made a part hereof; and, WHEREAS, the cost of this resurfacing package is estimated to be $4,785,840 where NDOR will advertise, bid and oversee the construction of this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Program Agreement with the Nebraska Department of Roads for major street resurfacing (package 1) in the City of Omaha, where funds in the amount of $4,785,840 will be made available by the American Recovery and Reinvestment Act, and where NDOR will advertise, bid and oversee the construction of this project, is hereby approved. 1441hf APPROVED AS TO FORM: /qw 4iCITY ATTORNEY DATE Wed""11154. By Oily , Councilmember Adoptedill 9 2010 , : 6-0 . . ' City Cler 7 Approved.... Mayor this agreement unless done in writing and signed by an authorized officer of the City and State. SECTION 33. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City will have a financial interest,direct or indirect, in any City contract. Any violation of this section with the knowledge of the person or corporation contracting with the City will render the contract or agreement voidable by the Mayor or council. Project No. MAPA-5049(4) - 17- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 her who fails or refuses to furnish this information, the City shall so certify to the State, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the City's noncompliance with the nondiscrimination provisions of this agreement,the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including but not limited to, Project No. MAPA-5049(4) - 16- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 review, the City shall send one set of"As-Built" plans to the State's Local Projects Division Urban Engineer and one set to the State's District Engineer. Project No. MAPA-5049(4) - 14- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 . 22445 Omaha Major Street Resurfacing, Pkg 1 per TON $1,900.00 Swain Construction, Inc. $25.00 per TON $2,500.00 Midwest Paving, Inc. $22.50 per TON $2,250.00 Daedalus Construction Company • $30.00 per TON $3,000.00 TAB Construction Company $16.00 per TON $1,600.00 Page 6 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 $4.50 per SY $3,375.00 Page 5 of 7, 2/10/2010 12:36:55 PM, Bid Tabulation, Generated by: admin for project OPW 51889 a Claim for Overpayment of Sales and a subcontractor. The prime contractor must complete his or her copy Use Tax, Form 7,and receive a refund of the sales or use tax paid on of Form 17 for each subcontractor who is delegated authority to act as a purchasing agent. Reproductions of this delegation must be those materials. provided to the subcontractor, who must retain a copy for his or her TOOLS,EQUIPMENT,AND SUPPLIES.The purchase,rental, or records,and to the governmental unit or exempt organization. lease of tools, supplies, or equipment (i.e., scaffolding, barricades, machinery, etc.) by a contractor for use in the completion of an Enter the dates the delegation of the subcontractor will become ro exempt project CANNOT be p p j purchased tax free, even if the effective,when it will expire,and the portion of the project delegated. contractor has been issued a Form 17. These items do not become This delegation will not allow any purchases without payment of the annexed to the real estate. tax by the subcontractor before the delegation date or after the expiration date. Any further delegation from a subcontractor to OPTION 1 CONTRACTOR ONLY. If an Option 1 contractor is additional subcontractors must be delegated by providing a copy of the only contractor involved in performing work for a governmental the Form 17 that they received from the prime contractor and unit or exempt organization,a Form 17 is NOT required. The Option attaching it to a separate Form 17 with any further delegation to other 1 contractor must only obtain a Form 13, Section B,from the exempt subcontractors. The purchasing agent appointment is limited to the project owner. contractor's purchase of building materials and/or fixtures for the PENALTY. Any person who signs this document with the intent to specific project and is only valid during the appointment dates shown evade payment of tax is liable for the sales and use tax, interest, and on the Form 17. penalty,and may be found guilty of a misdemeanor. EXEMPT SALE CERTIFICATE. A prime contractor who has AUTHORIZED SIGNATURE. The purchasing agent appointment been appointed to act as a purchasing agent by a governmental unit or must be signed by an officer of the exempt organization or proper exempt organization, and who hires a subcontractor operating as an government official. The delegation of prime contractor's authority Option 1 contractor, must provide to that subcontractor a completed must be signed by the owner, partner, corporate officer, or other individual authorized to sign by a power of attorney on file with the copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate, Nebraska Department of Revenue. Form 13, with Section C, Part 2, completed. The subcontractor will NDOR www.revenue.ne.gov, (800)742-7474 (toll free in NE and IA), (402) 471-5729 6-139-1970 Rev.4-2009 Supersedes 6-139-1970 Rev.2-2008 H U) H U) N M N W N H N H N E. 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EL a Q § a _ § — # 2 % ' E \ @2 IHji• I cb ; j• S \ • \ / o / �� ƒ• �t< ", o n A t - q ° / q \ ? u) 7 / /km o. af " DEPUTY CITY ATTORNEY Project No. MAPA-5049(4) - 18- Control No. 22445 Omaha Major Street Resurfacing, Pkg 1 Bid Tabulation, Generated by: admin for project OPW 51889 musk, A` Q K le. L ) +11 i. a tter-/6-6-0 g- KYn'L Mayor L: ,.