RES 2008-1263 - Contract with Elkhorn West Construction Inc for OPW 51533, Charles Place overlot grading t, @,
ea
° LIVED Planning Department
ter +(�� 0rr��, Omaha/Douglas Civic Center
tfit�ti) � �t'' L7 SEP - 1819 Farnam Street,Suite 1100
r r i! i Omaha,Nebraska 68183
an
°15 ' } 402 444-5150
° 4.
•i'�rFD FEsav�'i- T i` r" a;t Telefax(402)444-6140
A 4 f1; hr,,r.r; , Steven N.Jensen,AICP,LA
ax a
City of Omaha ;:'1 Director
Mike.Fahey,Mayor
September 16, 2008
Honorable President
and Members of the City Council,
The attached Resolution approves a Contract with Elkhorn West Construction, Inc. for site
preparation for the construction of new houses in the Charles Place Subdivision on the east side
of 19th Street between Clark and Charles Streets. The FY 2008 Consolidated Submission for
Community Planning and Development Programs, approved by the City Council on November 2,
2007, authorizes this work.
The following bid was received on August 20, 2008. The engineer's estimate of cost was
$192,960.
CONTRACTOR • . TOTAL BID
ELKHORN WEST CONSTRUCTION, INC. $167,742.36 (LOW BID)
The Contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is
City policy, the Human Relations Director will continue to review the Contractor to ensure
compliance with the Contract Compliance Ordinance.
The Finance Department is authorized to pay the cost of the OPW 51533 P.T.-SSD, PD Charles
Place Overlot Grading-Phase IV Project in the amount of$167,742.36 from the 2005 Economic
Development Initiative Grant, Fund 12194, Organization No. 129156.
eler#1102 specifications
attached,
31v
OUOTE/each: $ _c-_3L�„
Cati 24 hours In advance before diivery_
•
Questions regarding this quote may bo Cfirected to
, - Crrai6 Christians at(402)444-5265• ' , i
1? .
BUYER Jan Robbins r
(402)444-5403
. tit hilNaclor cm altIVA a cotrttiu ray of Doattrt c r(fi*t rrolumcd Eosin Eusitwai t filer prkelCcrtft o puni ass Enlaritlse(PBEeDtsE)1e1tng tram Ova Cily d Omaha wehslln 3t
wne.rimnattareas CnrkOf Nil:.PAYINEWS-,Oa oil'IlUthANIIICIOSABEtATI(INffi',Eta tin VEFJfjfll''„CFTIFIEDDIrtECrORY"
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arthrl ann11 A avo Farm front=4)T) MA'apart At—,,9 04 N ell vft far 24 mad*ow to ddts=RAI MO Mum,f6Odls 8 RoF,6o42 Der nvN my quatiCnt rL'garTitq Ate
Cr4.hnrICgrr''stv.er Elmo iCxPGFJDtIF ti:Atv>'i hra.4dt.Cc6•,c3nrltn int.Rnom Rots r6l[oLalWnsOep rumrtat44o7144:5O55 , , I .. -
„R •E f,.?t,rAIYIPIIII.111E1,01 30I.:PM' •D u,lul,.91.1 hrn?mG.1gg ifilt ir/nharimi9f hulrfonti450431-y1.5V4pxshewnan Fkrt £!lnR4nttet. ,
PETUFtN THIS QUOTATION TO PURCHASING DEPARTMENT BY FAX OR MAIL AT ABOVE ADDRESS.
f: Check bnx if you dosirr a copy of the quote tabulation_ Please do not phone for this information.
•
RECEIVED TIME AUG, 19. 10:33AM
City of Omaha's Contract Compliance Ordinance or otherwise_
Additionally, ndersigned/ ctor will be subject to the terms of any future Contract Awards.
Signature
Title Assistant Secretary Date of Signing August 1, 2008
Firm or Corporate Name M-B Companies, Inc.
Address 1615 Wisconsin Ave, New Holstein, WI 5306elephone Number 570-547-1621
Business Enterprises in such
form and manner and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10
calendar days following the end of each calendar quarter,from the start of the project).
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
s
The Planning Department recommends acceptance of the bid from Omni Engineering, Inc. in the
amount of$106,073.24, being the lowest and best bid received, and request your consideration
and approval of this Resolution.
Respectfully submitted, Referred to City Council for Consideration:
U� . iL
e V Z fl/t7 p .-?/'sr
even N. Jensen, AICP, LA Date Mayor's ffice/Title Date
ctpr Planning Director
Approved as to Funding: Approved:
ejolvv.
.4,14:./c)
9/Tiog/
Carol A. Ebdon ,(o►^irv6 Date Gail Kinsey home on n,Date
01- Finance Director �' Human Rights and Relations Director(i>
Approved:
0,e,41-4/ a):2f/e
Robert G. Stubbe, P. Date
Public Works Director
PLNLSF1142-cover letter
ject OPW 51548
dmin for project OPW 51548.
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even N. Jensen, AICP, LA Date Mayor's ffice/Title Date
ctpr Planning Director
Approved as to Funding: Approved:
ejolvv.
.4,14:./c)
9/Tiog/
Carol A. Ebdon ,(o►^irv6 Date Gail Kinsey home on n,Date
01- Finance Director �' Human Rights and Relations Director(i>
Approved:
0,e,41-4/ a):2f/e
Robert G. Stubbe, P. Date
Public Works Director
PLNLSF1142-cover letter
ject OPW 51548
dmin for project OPW 51548.
. I I
I
CITY OF OMAHA
PUBLIC WORKS DEPAR' 16'Tm
A we
CONTRACT DOCUIS
1
SPECIAL PROVISIONS
PROJECT NO. OPW51533 P.T. - SSD, PD
'I
I� ARLES PLACE OVERLOT
r--oN��C1, C ;o1 RADING PHASE IV
ff� TERR • ''*'
F MORRISON
j, �l*481 ill
!
ljO 11\OF tS 'c
Bids received until 11:00 o'clock A.M. AUGUST_20, 2008
Contract Award , 20 Resolution No.
Contractor:
9/Tiog/
Carol A. Ebdon ,(o►^irv6 Date Gail Kinsey home on n,Date
01- Finance Director �' Human Rights and Relations Director(i>
Approved:
0,e,41-4/ a):2f/e
Robert G. Stubbe, P. Date
Public Works Director
PLNLSF1142-cover letter
ject OPW 51548
dmin for project OPW 51548.
I
TABLE OF CONTENTS
NOTICE TO BIDDERS NB-1 TO NB-3
PROPOSAL P-1 TO P-7
CERTIFICATE
SHOP DRAWING TRANSMITTAL FORM SDTF-1
CONTRACT C-1 TO C-4
PERFORMANCE,PAYMENT&GUARANTEE BOND B-1 TO B-4
CIVIL RIGHTS COMPLIANCE A-1 TO A-8
SPECIAL PROVISIONS INDEX SP-1
1
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NOTE: ALL "P" PAGES MUST BE FILLED OUT AND
SUBMITTED WITH THE BID.
I
008
Contract Award , 20 Resolution No.
Contractor:
9/Tiog/
Carol A. Ebdon ,(o►^irv6 Date Gail Kinsey home on n,Date
01- Finance Director �' Human Rights and Relations Director(i>
Approved:
0,e,41-4/ a):2f/e
Robert G. Stubbe, P. Date
Public Works Director
PLNLSF1142-cover letter
ject OPW 51548
dmin for project OPW 51548.
•
I Protected and/or Disadvantaged Business Checklist
I Items Listed Below must be submitted with Bid:
I1. Fl Exhibit A - completed Protected and/or Disadvantaged Business Disclosure
Participation Form.
All PBE/DBE Subcontractors submitted on Exhibit A must be certified with the City of
Omaha Human Relations Department prior to the time of the bid opening. A current list
is available on the City of Omaha's web site,www.ci.omaha.ne.us/Departments/Human
Relations or can be requested through the Human Relations Department at 402-444-
5055.
2. 1><I Verification in writing from each PBE/DBE Subcontractor showing that the
PBE/DBE Subcontractor has agreed to perform the work identified on Exhibit A,
Protected and/or Disadvantaged Business Disclosure Participation Form.
111 Telephonic verifications will not be accepted.
3. VI If you have not met the PBE/DBE goal established for this project, evidence of good
faith efforts must be submitted with your bid. (If you have questions regarding what
constitutes good faith efforts please see the Protected and/or Disadvantaged Business
Enterprise Participation contract specifications or contact the Human Relations
Department.)
I4. I1 Exhibit B — completed Contractor Employment Data Form.
• Should the bidder fail to comply with the above, its bid will be subject to
rejection.
' • In Addition please review all the specifications and bid enclosures to be certain of
a complete and compliant bid.
I 3/14/03
I
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pay the cost of the OPW 51533 P.T.-SSD, PD Charles
Place Overlot Grading-Phase IV Project in the amount of$167,742.36 from the 2005 Economic
Development Initiative Grant, Fund 12194, Organization No. 129156.
eler#1102 specifications
attached,
31v
OUOTE/each: $ _c-_3L�„
Cati 24 hours In advance before diivery_
•
Questions regarding this quote may bo Cfirected to
, - Crrai6 Christians at(402)444-5265• ' , i
1? .
BUYER Jan Robbins r
(402)444-5403
. tit hilNaclor cm altIVA a cotrttiu ray of Doattrt c r(fi*t rrolumcd Eosin Eusitwai t filer prkelCcrtft o puni ass Enlaritlse(PBEeDtsE)1e1tng tram Ova Cily d Omaha wehslln 3t
wne.rimnattareas CnrkOf Nil:.PAYINEWS-,Oa oil'IlUthANIIICIOSABEtATI(INffi',Eta tin VEFJfjfll''„CFTIFIEDDIrtECrORY"
F.11 tmt:ltls aleAti el n ermt.tnt n Gle$Mtltvt al n't,,tOO Or nat rust e96tp1y with 1ho Coilltdtt Compbnco Or.Mattctl and halo an not anal Ore Hunwi natio R Minims Dopthrtant the
arthrl ann11 A avo Farm front=4)T) MA'apart At—,,9 04 N ell vft far 24 mad*ow to ddts=RAI MO Mum,f6Odls 8 RoF,6o42 Der nvN my quatiCnt rL'garTitq Ate
Cr4.hnrICgrr''stv.er Elmo iCxPGFJDtIF ti:Atv>'i hra.4dt.Cc6•,c3nrltn int.Rnom Rots r6l[oLalWnsOep rumrtat44o7144:5O55 , , I .. -
„R •E f,.?t,rAIYIPIIII.111E1,01 30I.:PM' •D u,lul,.91.1 hrn?mG.1gg ifilt ir/nharimi9f hulrfonti450431-y1.5V4pxshewnan Fkrt £!lnR4nttet. ,
PETUFtN THIS QUOTATION TO PURCHASING DEPARTMENT BY FAX OR MAIL AT ABOVE ADDRESS.
f: Check bnx if you dosirr a copy of the quote tabulation_ Please do not phone for this information.
•
RECEIVED TIME AUG, 19. 10:33AM
City of Omaha's Contract Compliance Ordinance or otherwise_
Additionally, ndersigned/ ctor will be subject to the terms of any future Contract Awards.
Signature
Title Assistant Secretary Date of Signing August 1, 2008
Firm or Corporate Name M-B Companies, Inc.
Address 1615 Wisconsin Ave, New Holstein, WI 5306elephone Number 570-547-1621
Business Enterprises in such
form and manner and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10
calendar days following the end of each calendar quarter,from the start of the project).
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1 .
NOTICE TO BIDDERS
Sealed Proposals will be received by the City of Omaha, at the City Clerk's Office,L/C 1, Omaha/Douglas Civic
Center, until 11:00 a.m. on the 20TH day of August, 2008 ,for the construction of OPW PROJECT NO.
OPW51533 P.T.-SSD,PD being CHARLES PLACE OVERLOT GRADING PHASE IV.
INSTRUCTIONS TO BIDDERS
PROPOSALS: Each Proposal shall be legibly written or printed in ink on the form provided in this bound copy
of proposed contract documents. Alterations in the Proposal by interlineation,by interpolation,or otherwise, will
' not be acceptable. Alteration of the bid by erasure must be signed or initialed by the bidder; if initialed, the City
may require the bidder to identify any alteration so initialed.No alteration in any Proposal shall be made after the
Proposal has been submitted. The bidder must bid on each item. If an item is bid at no cost, the words, "No
' Charge" shall be written in the appropriate space. All addenda to the contract documents shall be acknowledged
in the Proposal,properly signed by the bidder and attached to the Proposal when submitted.
Each Proposal shall be enclosed in a sealed envelope or wrapping, addressed to the "City Council, City of
Omaha, Nebraska" and identified on the outside with the words "Proposal for the Construction of PROJECT
NO. OPW51533 P.T.-SSD,PD ,"the bidder's name and the bidder's address; and filed with the City Clerk, L/C
1,Omaha/Douglas Civic Center 68183.
Proposals must be based upon the Specifications and/or plans for the work bid upon as prepared by the City
Engineer and filed in his office.
Bidders should familiarize themselves with the work herein contemplated by personally visiting the location of
the work,in order that the true spirit and intent of the Specifications and/or plans may be fulfilled.
No bidder may submit more than one Proposal except when no bid is received within the Engineer's Estimate as
provided on Page NB-2. Multiple Proposals under different names will not be accepted from one firm or
association.
PROPOSAL GUARANTEE: Each Proposal shall be accompanied by a cashier's check, a certified check,
United States Government Bond (negotiable), or a bidder's bond, for five (5)percent of the total amount bid,but
' in no case be less than One Hundred Dollars($100.00).
The Proposal Guarantee shall be made payable without condition to the City of Omaha, Nebraska, hereinafter
referred to as City. The Proposal Guarantee may be retained by and shall be forfeited to the City as liquidated
damages if the Proposal is accepted and a contract based thereon is awarded and the bidder should fail to enter
into a contract in the form prescribed, with legally responsible sureties, within ten (10) days after such award is
made by the City.
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Construction NB-1 6/97
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I
Rnom Rots r6l[oLalWnsOep rumrtat44o7144:5O55 , , I .. -
„R •E f,.?t,rAIYIPIIII.111E1,01 30I.:PM' •D u,lul,.91.1 hrn?mG.1gg ifilt ir/nharimi9f hulrfonti450431-y1.5V4pxshewnan Fkrt £!lnR4nttet. ,
PETUFtN THIS QUOTATION TO PURCHASING DEPARTMENT BY FAX OR MAIL AT ABOVE ADDRESS.
f: Check bnx if you dosirr a copy of the quote tabulation_ Please do not phone for this information.
•
RECEIVED TIME AUG, 19. 10:33AM
City of Omaha's Contract Compliance Ordinance or otherwise_
Additionally, ndersigned/ ctor will be subject to the terms of any future Contract Awards.
Signature
Title Assistant Secretary Date of Signing August 1, 2008
Firm or Corporate Name M-B Companies, Inc.
Address 1615 Wisconsin Ave, New Holstein, WI 5306elephone Number 570-547-1621
Business Enterprises in such
form and manner and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10
calendar days following the end of each calendar quarter,from the start of the project).
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
ACCEPTANCE AND REJECTION OF BIDS: Bids will be compared on the basis of unit bid prices and the
schedule of prices on file in the Office of the City Engineer.The lowest bid will be determined on the basis of the
total cost.
If no bid is received within the Engineer's Estimate, no award shall be made upon any bids received until after
fifteen calendar days have elapsed from the time of the original bid date. Within the fifteen calendar days anyone
desiring to may file a bid with the Public Works Director, providing such be within his estimate and be
accompanied by a deposit or other guaranty of performance similar to that required by bidders upon the work
under the advertisement calling for bids. I
The City reserves the right to accept the lowest base bid; to consider deductive alternatives; to reject any or all
bids; and to waive irregularities or informalities in any bid. Bids received after the specified time of closing will
be returned unopened. THE CITY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL
BIDS IN THEIR ENTIRETY; BIDDERS HAVE THE RIGHT TO APPEAL ANY REJECTION
DECISION�� TO THE CITY COUNCIL.
AWARD OF CONTR ACT:The City Council will award the contract as early as practicable after the tabulation
of said bids to the lowest responsible bidder, whereupon all other bids will stand rejected, and the Proposal
Guarantee of all bidders not successful will be returned.The Proposal Guarantee of the successful bidder will be
returned upon approval of the contract and bond by the City Council.
SIGNATURE OF BIDDER: Each bidder shall sign his Proposal using his usual signature and giving his full
business address. Bids by partnerships shall be signed with the partnership name followed by the signature and
designation of one of the partners or other authorized representative. Bids by corporations shall be signed with
the name of the corporation followed by the signature and designation of the president, secretary or other person
authorized to bind the corporation. 111
Anyone signing a Proposal as agent for another, or otherwise, must file with the Proposal,evidence acceptable to
the City of his authority to do so. I
INTERPRETATION OF CONTRACT DOCUMENTS: If any person who contemplates submitting a bid is
in doubt as to the true meaning of any part of the plans,specifications or other proposed contract documents, he
may submit to the City Engineer a written request for an interpretation thereof.The person submitting the request
shall be responsible for its prompt delivery. Interpretation of the proposed contract documents will be made only
by addendum. A copy of each addendum will be mailed or delivered to each person obtaining a set of contract
documents from the City Engineer. The City will not be responsible for any other explanations or interpretations
of the proposed contract documents.
LOCAL CONDITIONS AFFECTING WORK: Each bidder shall visit the site of the work and shall
completely inform himself relative to construction hazards and procedure, labor and all other conditions and
factors, local and otherwise, which would affect prosecution and completion of the work and its cost. Such
considerations shall include the arrangement and condition of existing structures and facilities, the availability
and cost of labor, and facilities for transportation, handling and storage of materials and equipment. All such
factors shall be properly investigated and considered in the preparation of the bidder's proposal. There will be no
subsequent financial adjustment for lack of such prior information.
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Construction '
NB-2 6/97
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and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10
calendar days following the end of each calendar quarter,from the start of the project).
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
i &
' TIME OF COMPLETION: The time of completion is an essential part of the contract and it will be necessary
for each bidder to satisfy the City of his ability to complete the work within the allowable time set forth in the
Proposal. In this connection, attention is directed to the Special Provisions and the City of Omaha Standard
Specifications for Public Works Construction,2003 Edition of the City of Omaha relative to delays, extensions
of time and liquidated damages.
STATE SALES TAX: The City of Omaha will furnish the successful contractor with a "Purchasing Agent
Appointment and Exempt Sale Certificate" Form No. 92, for all items which are considered by the State of
Nebraska to be exempt from the State Sales Tax.
NEBRASKA LEGAL REQUIREMENTS: The successful bidder must be qualified to do business in the State
of Nebraska before performing the contract; all as required by Nebraska State Statutes and amendments thereto.
PERFORMANCE BOND: The successful bidder shall furnish within ten (10) days after the award, a Contract
' and a Performance, Payment and Guarantee Bond on forms required by the City, in the full amount of the
contract as security for the faithful performance of the contract and the payment of all persons performing labor
orfurni s nnmaterials ctio r t theThis securityshall the 1 hL.s in connection with contract. also cover guarantee required by
' the contract for the period of guarantee stated in the Proposal(See Section 3.05).
SURETY: The surety on the Contract and the Performance, Payment and Guarantee Bond shall be a duly
authorized surety company, licensed to do business in the State of Nebraska,satisfactory to the City of Omaha.
No surety company will be acceptable as bondsman that has no permanent agent or representative in the City of
Omaha,Nebraska,Douglas County or Sarpy County upon whom notices may be served;service of said notice on
' said agent or representative in the City of Omaha shall be equal to service of notice on the president or such other
officer of the surety company as maybe be concerned.
Should the surety company acting as bondsman remove its permanent agent or representative from the City of
Omaha, Douglas County or Sarpy County,the contractor shall then furnish the City of Omaha with a new surety
bond conforming to the above described requirements.
BOUND COPY OF CONTRACT DOCUMENT: The Proposal or other bidding forms shall not be removed
from the bound copy of contract documents. The copy of contract documents filed with each bid shall be
complete and shall include all items listed in the Table of Contents and all addenda.
' COPIES OF SPECIFICATIONS AND/OR PLANS: Copies of the specifications and/or plans for use in
preparing bids may be obtained from the Public Works Department, 6`h Floor, General Services Division,
Omaha/Douglas Civic Center, 1819 Farnam Street,Omaha,Nebraska 68183.
The contractor to whom a contract is awarded will be furnished, without cost to him, seven (7) copies of the
specifications and/or plans, together with all addenda thereto. Additional specifications and/or plans may be
obtained from the City Engineer at cost.
1
Construction NB-3 3/20/03
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t and condition of existing structures and facilities, the availability
and cost of labor, and facilities for transportation, handling and storage of materials and equipment. All such
factors shall be properly investigated and considered in the preparation of the bidder's proposal. There will be no
subsequent financial adjustment for lack of such prior information.
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Construction '
NB-2 6/97
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and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10
calendar days following the end of each calendar quarter,from the start of the project).
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
Proposal
for
Project No: OPW51533 P.T. -SSD, PD
Omaha, Nebraska Bid Opening Date: AUGUST 20,2008
Mayor and City Council
City of Omaha
Omaha,Nebraska
The undersigned, having carefully examined the plans, specifications and all addenda thereto, and other contract
documents, for the construction of:
OPWS1533 P.T. - SSD,PD being CHARLES PLACE OVERLOT GRADING PHASE IV
and having carefully examined the site of work and become familiar with all local conditions including labor
affecting the cost thereof, do thereby propose to furnish all labor, mechanics, superintendence, tools, material,
equipment and all utilities, transportation and services necessary to perform and complete said work, and work
incidental thereto, in a workmanlike manner, as descried in said plans, specifications and other contract
documents,including Addenda Numbers ! issued thereto for the base
bid sum -One- h u.nate at,,,e f f Xv Sve- s4 tGf Q2c� evj 4 I�u- bets FA) DOLLARS
and 74 Jr/
j� .S/X CENTS ($ `L? /, 7 6')
The undersigned further certifies that he has personally inspected the actual location of the work, together with
the local sources of supply, and that he understands the conditions under which the work is to be performed, or
that if he has not so inspected the site and conditions of the work, that he waives all right to plead any
misunderstanding regarding the work required or conditions peculiar to the same.
•
The undersigned understands that the "QUANTITY" called for in the "SCHEDULE OF PRICES" is subject to
increase or decrease, and hereby proposes to perform all quantities of work, as increased or decreased, in
accordance with the plans and the provisions of the specifications at the unit price bid.
The following is the itemized proposal:
Construction P-1 8/97
' said agent or representative in the City of Omaha shall be equal to service of notice on the president or such other
officer of the surety company as maybe be concerned.
Should the surety company acting as bondsman remove its permanent agent or representative from the City of
Omaha, Douglas County or Sarpy County,the contractor shall then furnish the City of Omaha with a new surety
bond conforming to the above described requirements.
BOUND COPY OF CONTRACT DOCUMENT: The Proposal or other bidding forms shall not be removed
from the bound copy of contract documents. The copy of contract documents filed with each bid shall be
complete and shall include all items listed in the Table of Contents and all addenda.
' COPIES OF SPECIFICATIONS AND/OR PLANS: Copies of the specifications and/or plans for use in
preparing bids may be obtained from the Public Works Department, 6`h Floor, General Services Division,
Omaha/Douglas Civic Center, 1819 Farnam Street,Omaha,Nebraska 68183.
The contractor to whom a contract is awarded will be furnished, without cost to him, seven (7) copies of the
specifications and/or plans, together with all addenda thereto. Additional specifications and/or plans may be
obtained from the City Engineer at cost.
1
Construction NB-3 3/20/03
I
I
t and condition of existing structures and facilities, the availability
and cost of labor, and facilities for transportation, handling and storage of materials and equipment. All such
factors shall be properly investigated and considered in the preparation of the bidder's proposal. There will be no
subsequent financial adjustment for lack of such prior information.
I
Construction '
NB-2 6/97
I
I
and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10
calendar days following the end of each calendar quarter,from the start of the project).
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
. l
VI O I
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act documents. The copy of contract documents filed with each bid shall be
complete and shall include all items listed in the Table of Contents and all addenda.
' COPIES OF SPECIFICATIONS AND/OR PLANS: Copies of the specifications and/or plans for use in
preparing bids may be obtained from the Public Works Department, 6`h Floor, General Services Division,
Omaha/Douglas Civic Center, 1819 Farnam Street,Omaha,Nebraska 68183.
The contractor to whom a contract is awarded will be furnished, without cost to him, seven (7) copies of the
specifications and/or plans, together with all addenda thereto. Additional specifications and/or plans may be
obtained from the City Engineer at cost.
1
Construction NB-3 3/20/03
I
I
t and condition of existing structures and facilities, the availability
and cost of labor, and facilities for transportation, handling and storage of materials and equipment. All such
factors shall be properly investigated and considered in the preparation of the bidder's proposal. There will be no
subsequent financial adjustment for lack of such prior information.
I
Construction '
NB-2 6/97
I
I
and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10
calendar days following the end of each calendar quarter,from the start of the project).
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
CO O O (N N •
N O
C O O7, O C
t!) O C O cC I
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O N c•') •
N N N N N
Robert G. Stubbe, P. Date
Public Works Director
PLNLSF1142-cover letter
ject OPW 51548
dmin for project OPW 51548.
•
The City of Omaha will furnish the successful contractor with Form No. 92, PURCHASING AGENT
APPOINTMENT AND EXEMPT SALE CERTIFICATE, for all material items required in the construction of
this project,which the State of Nebraska considers to be exempt from the State Sales Tax.
For each bid item, the bidder shall quote a TOTAL UNIT PRICE. The UNIT PRICE shall include all costs,
including material, necessary to complete the UNIT item of work. Failure to quote a TOTAL UNIT PRICE may
be cause for rejection of the proposal.
In the event of discrepancy between the TOTAL PRICE quoted in the proposal and a correct summation of the
products of QUANTITY and TOTAL UNIT PRICES the latter shall control.
The undersigned hereby agrees to furnish the required bonds and to sign the contract within ten (10) calendar
• days from and after the acceptance of this proposal,and further agrees to begin and complete all work covered by
the plans and specifications within the time limits set forth herein.
Accompanying this proposal, as a guaranty that the undersigned will execute the contract agreement and furnish
satisfactory
c/� `a with the terms and requirements of the specifications, is a cashier's check, a
a bond 111 accordance L. �
certified check,United States Government Bond(negotiable)or a bidder's bond for r�
I6d
It is hereby agreed that in case of failure of the undersigned either to execute the contract agreement or to furnish
satisfactory contract bond within. ten (10) days after receipt of NOTICE TO AWARD, the amount of this
proposal guaranty will be retained by the City of Omaha, Nebraska, as liquidated damages arising out of the
failure of the undersigned either to execute the contract agreement or to furnish bonds as proposed. It is
understood that in case the undersigned is not awarded the work, the proposal guaranty will be returned as
provided in the specifications.
The undersigned agrees to accomplish the work in its entirety by December 19, 2008. and shall be
prepared to begin _ within ten(10)days of notice to proceed and to forfeit liquidated damages as set
forth in Section 8.09 of the Specifications in the event of over-run of time.
The undersigned also agrees, if awarded the Contract, to furnish bonds as required by the specifications for the
faithful performance of the work and guarantee workmanship and material under Contract for a period of two (2)
years.from the date of final acceptance of the work.
•
Construction P-3 3/20/03
documents filed with each bid shall be
complete and shall include all items listed in the Table of Contents and all addenda.
' COPIES OF SPECIFICATIONS AND/OR PLANS: Copies of the specifications and/or plans for use in
preparing bids may be obtained from the Public Works Department, 6`h Floor, General Services Division,
Omaha/Douglas Civic Center, 1819 Farnam Street,Omaha,Nebraska 68183.
The contractor to whom a contract is awarded will be furnished, without cost to him, seven (7) copies of the
specifications and/or plans, together with all addenda thereto. Additional specifications and/or plans may be
obtained from the City Engineer at cost.
1
Construction NB-3 3/20/03
I
I
t and condition of existing structures and facilities, the availability
and cost of labor, and facilities for transportation, handling and storage of materials and equipment. All such
factors shall be properly investigated and considered in the preparation of the bidder's proposal. There will be no
subsequent financial adjustment for lack of such prior information.
I
Construction '
NB-2 6/97
I
I
and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10
calendar days following the end of each calendar quarter,from the start of the project).
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
If awarded the.Contract, our Surety will be
F I C 1-060-
(Name of Surety Co pany)
of Ne_wad< 1\13
•
Respectfully submitted,
Signature of Bidder:
(a) If an individual doing
business as:
(b) If a Partnership:
Member of Firm
Member of Firm
(c) If a Corporation:
ame of Co poration
Officer
a3 F
Title
Witnes
ATTEST:
Business Address and Telephone No.:
1 g Plalh tfte,
3n-q5 -1
�cAK' q :313- qq1��
Construction P-4 8/97
(0 ET) U CO CO �O .
O N c•') •
N N N N N
Robert G. Stubbe, P. Date
Public Works Director
PLNLSF1142-cover letter
ject OPW 51548
dmin for project OPW 51548.
•
"CERTIFICATE "
A Corporate Contractor,in submitting this Proposal,hereby represents that the Corporation has complied with all
Nebraska Statutory requirements, which are prerequisite to its being qualified to do business in the State of
Nebraska,or that it will take all steps necessary to so qualify,if the successful bidder.
.E\\/,\I.Df (01`3'FiNt,60?1,_
Name of orporation
Officer
IMAS Cijtc
Title
If Foreign Corporation: Nebraska Resident Agent
•
•
•
•
Construction P-5 8/97
- qq1��
Construction P-4 8/97
(0 ET) U CO CO �O .
O N c•') •
N N N N N
Robert G. Stubbe, P. Date
Public Works Director
PLNLSF1142-cover letter
ject OPW 51548
dmin for project OPW 51548.
• cri9
Project Name: `� PW56-33, , ` J ! ��✓ CNN1$
0- 1C
EXHIBIT "A"
PROTECTED AND/OR DISADVANTAGED BUSINESS DISCLOSURE PARTICIPATION FORM
THIS FORM MUST BE SUBMITTED WITH THE BID
In the performance of this contract, the contractor proposes and agrees to make good faith efforts to 1
contract with eligible City of Omaha certified PBE and/or DBEs. Should the below listed PBE and/or DBE
subcontractor be determined to be unable to perform successfully or is not performing satisfactorily, the
Contractor shall obtain prior approval from the Human Relations Department Director or a designee, for
substitution of the below listed subcontractor with a City of Omaha certified PBE and/or DBE. In submitting i
this form, the Bidder is certifying that it has contacted City of Omaha Human Relations Department prior to
bid opening regarding this project and has afforded subcontractors participating in the program the
opportunity to submit bids on this project.
Type of work and Projected
contract item or commencement
Name of PBE parts thereof to be and completion *Agreed price with
and/or DBE Address performed date of work PBE/DBEs Percentage (%)
MBE 1 4 6`01'80 CdN i/ Vie ' I I C Sa .1< 7% _
I
• I
I
Totals
*Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column;total in this column must equal the
PBE/DBE goals.
CERTIFICATION
The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or
good faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be
bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the
other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the
Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said
statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into
formal agreement(s) with Protected and/or Disadvantaged business enterprise(s) (which are otherwise deemed by the City of
Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit
A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees
that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure
by the successful bidder(i.e. the Contractor)to implement the stated agreements, intentions, objectives, goals, and comments
set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material
breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The
right to so terminate shall be in addition to,and not in lieu of, any other rights or remedies the City of Omaha may have for other
defaults under the. Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally, the
Undersigned/Contractor ' e subject to theth terms of any future Contract Awards.
Signature /&-Gvt/iK —t
Title 1'1 NI[ .)-- Date of Signing g AD \V4_
1 Firm or Corporate Name 2 '''7
Address Nei g VO. MQIFL S E\o�� 11t Telephone Number ciyo 1 ?1�-� �
P-6 PBE/DBE 12/ /02
I
submitted within 10
calendar days following the end of each calendar quarter,from the start of the project).
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
AUG-20-2008 09:06AM FROM-Rupert Construction Co. +402 397 2493 T-894 P.001/001 F-592
fig1p ,iv
`---CONSTRUCTIQN CO --, Page 1 of 1
•
OPW 51533
CHARLES STREET OVERLOT GRADING
CITY OF OMAHA
20-Aug-08
CONCRETE FLATWORK
ITEM DESCRIPTION QUANTITY UNIT GRAND TOTAL
UNIT
16 CONSTRUCT COMBINATION CURB AND GUTTER 120.00 LF 36.00 4320.00
17 6" CONCRETE DRIVEWAY 12.00 SY 43.00 516.00
18 4" CONCRETE SIDEWALK 231.00 SF 4.75 1097.25
19 SAW CUT 123.00 LF 3.50 430.50
$6,363.75
NOTES:
1. FLAGGING, TRAFFIC CONTROL & BARRICADES BY OTHERS
2. SURVEYING AND TESTING FEES ARE NOT INCLUDED
3. RETAINAGE SAME AS GENERAL CONTRACTOR
4. PERFORMANCE & PAYMENT BOND ARE NOT INCLUDED IN BID
5. A MINIMUM OF ONE MONTH NOTICE IS REQUIRED PRIOR TO OUR INITIAL START
6. GRADING BY OTHERS
RUPERT CONSTRUCTION COMPANY
Minority Business Enterprise
Type of work and Projected
contract item or commencement
Name of PBE parts thereof to be and completion *Agreed price with
and/or DBE Address performed date of work PBE/DBEs Percentage (%)
MBE 1 4 6`01'80 CdN i/ Vie ' I I C Sa .1< 7% _
I
• I
I
Totals
*Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column;total in this column must equal the
PBE/DBE goals.
CERTIFICATION
The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or
good faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be
bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the
other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the
Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said
statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into
formal agreement(s) with Protected and/or Disadvantaged business enterprise(s) (which are otherwise deemed by the City of
Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit
A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees
that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure
by the successful bidder(i.e. the Contractor)to implement the stated agreements, intentions, objectives, goals, and comments
set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material
breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The
right to so terminate shall be in addition to,and not in lieu of, any other rights or remedies the City of Omaha may have for other
defaults under the. Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally, the
Undersigned/Contractor ' e subject to theth terms of any future Contract Awards.
Signature /&-Gvt/iK —t
Title 1'1 NI[ .)-- Date of Signing g AD \V4_
1 Firm or Corporate Name 2 '''7
Address Nei g VO. MQIFL S E\o�� 11t Telephone Number ciyo 1 ?1�-� �
P-6 PBE/DBE 12/ /02
I
submitted within 10
calendar days following the end of each calendar quarter,from the start of the project).
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
Project Name.
•
EXHIBIT "B"
CONTRACTOR EMPLOYMENT DATA
THIS FORM MUST BE SUBMITTED WITH THE BID
BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING WORK FORCE DATA WITH EACH BID
(Protected Class is defined as Black, Hispanic, Asian and Pacific Islander, American Indian or Alaskan Native, Female.)
Total Employees Protected Class Males Protected Class Females
American American
Total Total Asian or Indian or Asian or Indian or
Work Protected Pacific Alaskan Pacific Alaskan
to Force Class Black Hispanic Islander Native Black Hispanic Islander Native White
l 1 I I I t
)fer any questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department(402)444-5400 or as
D w n on bid. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance
finance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1). This report shall
in effect for 24 months from the date received by the Human Relations Department. Any Questions regarding the Contract
mpliance Ordinance should be directed to the Human Relations Department at(402)444-5055.
.EASE PRINT LEGIBLY OR TYPE)
rt
Firm's Name: avp-016-- 3 ic1-( \ \(\c_.
f\n� (Date of Signing)
1i
Signature: 7 0\ , �!S CDU1 7----Rrk '\-` • /4/4/1/1
'L�"
rent Name) (Title) (Signat +7
•
P-7 PBE/DBE 12/5/02
IFICATION
The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or
good faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be
bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the
other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the
Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said
statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into
formal agreement(s) with Protected and/or Disadvantaged business enterprise(s) (which are otherwise deemed by the City of
Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit
A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees
that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure
by the successful bidder(i.e. the Contractor)to implement the stated agreements, intentions, objectives, goals, and comments
set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material
breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The
right to so terminate shall be in addition to,and not in lieu of, any other rights or remedies the City of Omaha may have for other
defaults under the. Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally, the
Undersigned/Contractor ' e subject to theth terms of any future Contract Awards.
Signature /&-Gvt/iK —t
Title 1'1 NI[ .)-- Date of Signing g AD \V4_
1 Firm or Corporate Name 2 '''7
Address Nei g VO. MQIFL S E\o�� 11t Telephone Number ciyo 1 ?1�-� �
P-6 PBE/DBE 12/ /02
I
submitted within 10
calendar days following the end of each calendar quarter,from the start of the project).
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
TO THE CITY OF OMAHA:I
CERTIFICATE
Undersigned hereby certifies that all equipment to be used by undersigned in the performance of the contract
Ipertaining to the project for:
OPW51533 P.T.-SSD,PD being CHARLES PLACE OVERLOT GRADING PHASE IV
1 and pursuant to Contract between undersigned and the City of Omaha has been assessed for taxation for the
curre ear, except as to equipment acquired since the ass ssment date. Said equipment has been assessed in
�e )C4-� County Ne gQ/} /i�/�- State.
IThe Certificate above is submitted pursuant to the requirements of Section 77-1323,Reissue Revised Statutes of
Nebraska. 1943,as amended.
IThe Contractor further certifies that all non-salvaged material removed from the project will be disposed of at the
following approved and permitted locations(s):
I bf /1 � C .ti 1Lf Lii—rv&c:i/
IThe City must be informed of any additions or changes in such location(s).
A(n) n DDra i , ft
I Contractor s Name (Specify: Corporation, Partnership, or
Individual) ,,
By: ...4.\--
( itle, cify: si t,Partner,or Owner)' j
Attest: V
Secretary i corporation)
I STA I"E OF NEBRASKA )
)SS.
COUNTY� OF DOUGLAS _ )
I .I-h o�wkirS , lY4 �"tldMJ and g/i-N LI 1A r.Q/c/tc,�
being first duly sworn on oath depose and say that they are President and Secretary,respectively,of
I .:/1 c ,- weal a )c e 7Z.4N)/ a-,,,
Ia Co-Port-AT/oe, ; that they have read the foregoing Certificate, know its
contents, and the same are true.
SUBSCRIBED and sworn to before me this day ( or
I A.R. 20 fig .
M, `ct. 12V My Commission Expires /74/ 1 t
INotary Public
p GENERAL NOTARY-State of Nebraska 6/97
I I'I ,, ANDREA DEIBLER
MJ ` My Comm.Exp.July 24,2011
I
her terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the
Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said
statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into
formal agreement(s) with Protected and/or Disadvantaged business enterprise(s) (which are otherwise deemed by the City of
Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit
A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees
that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure
by the successful bidder(i.e. the Contractor)to implement the stated agreements, intentions, objectives, goals, and comments
set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material
breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The
right to so terminate shall be in addition to,and not in lieu of, any other rights or remedies the City of Omaha may have for other
defaults under the. Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally, the
Undersigned/Contractor ' e subject to theth terms of any future Contract Awards.
Signature /&-Gvt/iK —t
Title 1'1 NI[ .)-- Date of Signing g AD \V4_
1 Firm or Corporate Name 2 '''7
Address Nei g VO. MQIFL S E\o�� 11t Telephone Number ciyo 1 ?1�-� �
P-6 PBE/DBE 12/ /02
I
submitted within 10
calendar days following the end of each calendar quarter,from the start of the project).
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
SHOP DRAWING TRANSMITTAL FORM
111 City of Omaha
General Services Division
Public Works Department, 6th Floor
' Omaha/Douglas Civic Center
1819 Farnam Street
Omaha.Nebraska 68183 Date:
Transmittal Number 1st Submittal Resubmittal
' (Previous Transmittal Number )
Project Location
Specification Section Number
' Paragraph Drawing or Action
No. Description of Equipment Manufacturer Data No. Taken
1
1
1
Contractor
Mailing Address
•
(THIS SPACE FOR ARCHITECT-ENGINEER)
Date:
The above drawings are returned with action as designated above in accordance with the following legend:
' A - No Exception Taken City of Omaha
B Maker Corrections Noted Public Works Department
C Revise and Resubmit
D - Rejected
E - Submit Specified Item By
SDTF-1 6/97
Corporation, Partnership, or
Individual) ,,
By: ...4.\--
( itle, cify: si t,Partner,or Owner)' j
Attest: V
Secretary i corporation)
I STA I"E OF NEBRASKA )
)SS.
COUNTY� OF DOUGLAS _ )
I .I-h o�wkirS , lY4 �"tldMJ and g/i-N LI 1A r.Q/c/tc,�
being first duly sworn on oath depose and say that they are President and Secretary,respectively,of
I .:/1 c ,- weal a )c e 7Z.4N)/ a-,,,
Ia Co-Port-AT/oe, ; that they have read the foregoing Certificate, know its
contents, and the same are true.
SUBSCRIBED and sworn to before me this day ( or
I A.R. 20 fig .
M, `ct. 12V My Commission Expires /74/ 1 t
INotary Public
p GENERAL NOTARY-State of Nebraska 6/97
I I'I ,, ANDREA DEIBLER
MJ ` My Comm.Exp.July 24,2011
I
her terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the
Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said
statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into
formal agreement(s) with Protected and/or Disadvantaged business enterprise(s) (which are otherwise deemed by the City of
Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit
A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees
that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure
by the successful bidder(i.e. the Contractor)to implement the stated agreements, intentions, objectives, goals, and comments
set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material
breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The
right to so terminate shall be in addition to,and not in lieu of, any other rights or remedies the City of Omaha may have for other
defaults under the. Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally, the
Undersigned/Contractor ' e subject to theth terms of any future Contract Awards.
Signature /&-Gvt/iK —t
Title 1'1 NI[ .)-- Date of Signing g AD \V4_
1 Firm or Corporate Name 2 '''7
Address Nei g VO. MQIFL S E\o�� 11t Telephone Number ciyo 1 ?1�-� �
P-6 PBE/DBE 12/ /02
I
submitted within 10
calendar days following the end of each calendar quarter,from the start of the project).
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
' CONTRACT
' THIS CONTRACT is made and entered into in TRIPLICATE by and between the City of Omaha, a Municipal
Corporation of the Metropolitan Class in Nebraska,hereinafter called City,and
Rorfl\ WPx - (Of s\-1LCIiO f , .�.1C..
' hereinafter called Contractor.
In consideration of the following mutual agreements and covenants, it is understood and agreed by the Parties
' hereto that:
1. Contractor does hereby agree and undertake to construct OPW51533 P.T.-SSD,PD being
CHARLES PLACE OVERLOT GRADING PHASE IV
' also referred to hereinafter as work, in accordance with the terms and provisions hereof and subject to the
quantity provisions in the accepted Proposal of Contractor for the sum of
r
I'vO Vtt\ -5 (FOS Dollars ($ ��0 I, I�� JC
0 ,
' under penalty of Performance,Payment and Guarantee Bond.
1 2. Contractor shall conform with the applicable specifications and/or plans, applicable Special
Provisions and any applicable Change Order or Addenda pertaining thereto or to this Contract, all of which by
reference thereto are made a part hereof.Applicable Notice to Bidders,Instruction to Bidders,Bid or Proposal of
' Contractor, Resolution awarding this Contract, the Performance, Payment and Guarantee Bond, and all
proceedings by the governing body of the City relating to the aforesaid work are made a part hereof by reference
thereto.
' 3. The Contractor shall furnish all tools, labor, mechanics for labor, equipment and materials to
construct said work in accordance with the provisions of this Contract and all applicable specifications and/or
plans and provisions herein referred to.
4. The City agrees to pay the Contractor in accordance with the provisions of the specifications and/or
plans,the accepted Proposal of the Contractor,and the Provisions of this Contract.
' 5. All provisions of each document and item referred to in Paragraph 2 above shall be strictly complied
with the same as if rewritten herein, and no substitution or change shall be made except upon written direction,
' the form of which shall be by written "Change Order" of the City; and substitution or change shall in no manner
be construed to release either party from any specified or implied obligation of this Contract except as
specifically provided for in the Change Order.
Construction C-1 6/97
1
i
responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit
A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees
that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure
by the successful bidder(i.e. the Contractor)to implement the stated agreements, intentions, objectives, goals, and comments
set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material
breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The
right to so terminate shall be in addition to,and not in lieu of, any other rights or remedies the City of Omaha may have for other
defaults under the. Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally, the
Undersigned/Contractor ' e subject to theth terms of any future Contract Awards.
Signature /&-Gvt/iK —t
Title 1'1 NI[ .)-- Date of Signing g AD \V4_
1 Firm or Corporate Name 2 '''7
Address Nei g VO. MQIFL S E\o�� 11t Telephone Number ciyo 1 ?1�-� �
P-6 PBE/DBE 12/ /02
I
submitted within 10
calendar days following the end of each calendar quarter,from the start of the project).
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
6. Contractor does hereby state, warrant and covenant that he or it has not retained or employed any
company, or person, other than bona fide employees working for said Contractor to solicit or secure this
Contract, and that he or it has not paid or agreed to pay any company or person,other than bona fide employees
working solely for the Contractor, any fee commission, percentage, brokerage fee, gifts, or any other
consideration,contingent upon or resulting from the award or making of this Contract. For breach or violation of
this statement, warrant and covenant, the City of Omaha shall have the right to annul this Contract without
liability.
7. Contractor shall conform with all applicable City Ordinances, with all applicable State and Federal I
Laws,and with all applicable Rules and Regulations.
8. Contractor shall furnish Performance, Payment and Guarantee Bond in an amount at least equal to
one hundred percent(100%)of the Contract Price.
9. City, its officers employees, agents and representatives, at all times shall have access to the work
whenever it is in preparation of progress, and the Contractor shall provide proper facilities for such access and
inspection by them.
10. Contractor shall indemnify and save harmless the City of Omaha,its officers,employees, agents and
representatives from all claims, suits or actions of every kind and character made upon or brought against the
said City of Omaha, its officers, employees, agents and representatives for or on account of any injuries or
damages received or sustained by any party or parties by or from the acts of the said Contractor or its servants,
agents, representatives, and subcontractors, in doing the work herein contracted for, or by or in consequence of
any negligence in guarding the same or any improper material used in its construction,or by or on account of any
act or omission of said Contractor or its servants, agents, representatives, and subcontractors, and also from all
claims of damage for infringement of any patent in fulfilling this Contract. '
11. The Contractor shall carry public liability insurance to indemnify the public for injuries sustained by
reason of carrying on the work.The coverage shall provide the following minimum limits:
Bodily Injury $200,000 or Under Over$200,000
Each Person $ 500,000 $1,000,000
Each Occurrence $1,000,000 $5,000,000
Aggregate Products and Completed Operations $1,000,000 $5,000,000
Property Damage $200,000 or Under Over$200,000
Each Occurrence $ 500,000 $ 500,000
Aggregate $1,000,000 $1,000,000
and shall name the City as additional insured with the Contractor. Attention is drawn to the City of Omaha '
Standard Specifications for Public Works Construction,2003 Edition for further details.
12. Contractor shall pay to the Unemployment Compensation Fund of the State of Nebraska,
unemployment contributions and interest due under the laws of the State of Nebraska on wages paid to
individuals employed in the performance of this Contract, and shall submit to the City of Omaha a written
clearance from the Commissioner of Labor of the State of Nebraska certifying that all payment due of
contributions and interest which may have arisen under this Contract have been paid by the Contractor, or his
subcontractor, to the State of Nebraska Unemployment Compensation Fund. Payment of the final three percent
(3%)of the total amount of the Contract shall be withheld until this provision has been complied with as required
by Section 48-657 R.R.S. 1943,as amended.
13. Contractor shall submit,when requested, evidence satisfactory to the City that all payrolls, material
bills,and other indebtedness pertaining to the aforesaid work have been paid.
Construction C-2 3/20/03
1
the start of the project).
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1
14. The Contractor shall not, in the performance of this Contract discriminate or permit discrimination
' against any person because of race, sex, age, or political or religious opinions or affiliations or disability in
violation of Federal or State Statutes or Local Ordinances and further the Contractor shall comply with Article V
of Chapter 10 of the Omaha Municipal Code pertaining to Civil Rights and Human Relations.
' 15. Contractor shall procure a policy, or policies, or insurance which shall guarantee payment of
compensation according to the Workmen's Compensation Laws of Nebraska for all workmen injured in the scope
of employment; and further agrees to keep said policy,or policies,in full force and effect throughout the terms of
this Contract. In addition, all other insurance in any way required of Contractor shall be procured by the
Contractor and kept in force by Contractor throughout the term of this Contract. Certificate or certificates of
insurance, or copies of policies, if required by any Department of the City, shall be filed by the Contractor with
the Public Works Department of the City of Omaha.
16. Except as may otherwise be required by applicable law,payment of any balance due Contractor under
' this Contract shall be made by the City to the Contractor upon completion of Contractor's work and obligations
in accordance with the Contract, upon acceptance thereof by the City, and upon submission of certificate by
Contractor in accordance with Paragraph 11 above.No payment by City shall in anyway constitute any waiver
of any rights of City.
17. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omana, no elected official,or any
officer or employee of the City shall have a financial interest, direct or indirect,in any.City contract. A violation
' of that section with the knowledge of the Contractor, in addition to constituting empioyee,malfeasance, shall be
cause for the City to unilaterally terminate or void this Agreement.
' 18. Contractor shall pay all just claims due for the payment of all employees and mechanics for labor that
shall be performed,for the payment of all material and equipment furnished,and for the payment of material and
equipment rental which is actually used or rented in the performance of the Contract.
19. In accordance with the provisions of Legislative Bill 126 of the Seventy-Third Session of the
Legislature of Nebraska (1963) and amendments, if any, every person, partnership, association, or corporation
furnishing labor or.material in the repair, alteration, improvement, erection or construction of any public
' improvement shall furnish a certified statement to be attached to the Contract that all equipment to be used on the
project, except that acquired since the assessment date,has been assessed for taxation for the current year, giving
the county were assessed. It shall be the duty of the Contractor to comply with the foregoing requirements and to
' assure compliance therewith by all others required to comply therewith for labor or material furnished in the
performance undertaken hereunder by the Contractor.
' 20. The parties hereto acknowledge that, as of the date of the'execution of this Agreement,'Section
10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which
taken alone increases the original bid price as awarded(a)by ten percent,if the original bid price is one hundred
fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be
approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the
authorization of any additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council.
1
' Construction C-3 6/97
r
r
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
_ 1
The originally approved scope and primary features of a contract or purchase will not be significantly revised as
a result of amendments not approved in advance by the City Council. The provisions of this Section will be I
quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under
Section 5.16 of the City Charter to approve immediate purchases.
10 I
Dated at Omaha,Nebraska this /8 day of c-5:7 / ' ,20 OS' .
I
ATTEST: CITY OF OMAHA,A MUNICIPAL CORPORATION
Z‘..: . By I
ity Clerk ACTING Mayor
I
` 1 i Ordinance/Resolution No. passed on
j;.. I
.EAI OF THE:cITYOF OMAHA: ,20 I
e;.
Contractor�J^
OVA 1\f- 4 IR
Street Address i
NOIDM IV E_ bX0.91_
ATTE City State Zip Code I
/6/14/141,---.._
��—
By
cr of ( orporate) ontC ractor� I
CORPORATE SEAL: Title: Trn1aeil
I
STIPULATIONS: CORPORATE CONTRACTOR:
tuatoRN Wm, CONSTRUCTION 'WI (1) Attach certified copy of resolution authorizing
STATE Of NGBRASitA execution of this Contract; I
(2) Submit certificate showing corporation is qualified
• to do business in Nebraska.
NON-CORPORA l b CONTRACTOR: I
State Identity: Sole Owner(s);Partnership.
If a Partnership,state names and addresses of all. I
Construction C-4 6/97 I
I
I1
of that section with the knowledge of the Contractor, in addition to constituting empioyee,malfeasance, shall be
cause for the City to unilaterally terminate or void this Agreement.
' 18. Contractor shall pay all just claims due for the payment of all employees and mechanics for labor that
shall be performed,for the payment of all material and equipment furnished,and for the payment of material and
equipment rental which is actually used or rented in the performance of the Contract.
19. In accordance with the provisions of Legislative Bill 126 of the Seventy-Third Session of the
Legislature of Nebraska (1963) and amendments, if any, every person, partnership, association, or corporation
furnishing labor or.material in the repair, alteration, improvement, erection or construction of any public
' improvement shall furnish a certified statement to be attached to the Contract that all equipment to be used on the
project, except that acquired since the assessment date,has been assessed for taxation for the current year, giving
the county were assessed. It shall be the duty of the Contractor to comply with the foregoing requirements and to
' assure compliance therewith by all others required to comply therewith for labor or material furnished in the
performance undertaken hereunder by the Contractor.
' 20. The parties hereto acknowledge that, as of the date of the'execution of this Agreement,'Section
10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which
taken alone increases the original bid price as awarded(a)by ten percent,if the original bid price is one hundred
fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be
approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the
authorization of any additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council.
1
' Construction C-3 6/97
r
r
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
.
A
STATE OF NEBRASKA
:-4,s-- " /rl
f
i - r .z•r N
t
� s y r
�A j„
United States of America, �i i stt;
ii , -r 's' Department of State
State of Nebraska '-` Lincoln, Nebraska
I, John A. Gale, Secretary of State of Nebraska do hereby certify;
the attached is a true and correct copy of Articles of Incorporation of
ELKHORN WEST CONSTRUCTION, INC.
with its registered office located in OMAHA, Nebraska, as filed in this
office on February 2, 2005.
In Testimony Whereof, I have hereunto set my hand and
affixed the Great Seal of the State of
Nebraska on February 2, 2005.
/Q.
________ _
��pev�s.o��oa ______.
.tar, S 77.4
> ,-V1 SECRETARY OF STATE
-�,�y Aoo boa+,
fe "o
_ fl ,j
�' "`--- _.,cam t � �M.,
1+`— iRL71 1`T vi,b�
J
/6/14/141,---.._
��—
By
cr of ( orporate) ontC ractor� I
CORPORATE SEAL: Title: Trn1aeil
I
STIPULATIONS: CORPORATE CONTRACTOR:
tuatoRN Wm, CONSTRUCTION 'WI (1) Attach certified copy of resolution authorizing
STATE Of NGBRASitA execution of this Contract; I
(2) Submit certificate showing corporation is qualified
• to do business in Nebraska.
NON-CORPORA l b CONTRACTOR: I
State Identity: Sole Owner(s);Partnership.
If a Partnership,state names and addresses of all. I
Construction C-4 6/97 I
I
I1
of that section with the knowledge of the Contractor, in addition to constituting empioyee,malfeasance, shall be
cause for the City to unilaterally terminate or void this Agreement.
' 18. Contractor shall pay all just claims due for the payment of all employees and mechanics for labor that
shall be performed,for the payment of all material and equipment furnished,and for the payment of material and
equipment rental which is actually used or rented in the performance of the Contract.
19. In accordance with the provisions of Legislative Bill 126 of the Seventy-Third Session of the
Legislature of Nebraska (1963) and amendments, if any, every person, partnership, association, or corporation
furnishing labor or.material in the repair, alteration, improvement, erection or construction of any public
' improvement shall furnish a certified statement to be attached to the Contract that all equipment to be used on the
project, except that acquired since the assessment date,has been assessed for taxation for the current year, giving
the county were assessed. It shall be the duty of the Contractor to comply with the foregoing requirements and to
' assure compliance therewith by all others required to comply therewith for labor or material furnished in the
performance undertaken hereunder by the Contractor.
' 20. The parties hereto acknowledge that, as of the date of the'execution of this Agreement,'Section
10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which
taken alone increases the original bid price as awarded(a)by ten percent,if the original bid price is one hundred
fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be
approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the
authorization of any additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council.
1
' Construction C-3 6/97
r
r
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
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es and addresses of all. I
Construction C-4 6/97 I
I
I1
of that section with the knowledge of the Contractor, in addition to constituting empioyee,malfeasance, shall be
cause for the City to unilaterally terminate or void this Agreement.
' 18. Contractor shall pay all just claims due for the payment of all employees and mechanics for labor that
shall be performed,for the payment of all material and equipment furnished,and for the payment of material and
equipment rental which is actually used or rented in the performance of the Contract.
19. In accordance with the provisions of Legislative Bill 126 of the Seventy-Third Session of the
Legislature of Nebraska (1963) and amendments, if any, every person, partnership, association, or corporation
furnishing labor or.material in the repair, alteration, improvement, erection or construction of any public
' improvement shall furnish a certified statement to be attached to the Contract that all equipment to be used on the
project, except that acquired since the assessment date,has been assessed for taxation for the current year, giving
the county were assessed. It shall be the duty of the Contractor to comply with the foregoing requirements and to
' assure compliance therewith by all others required to comply therewith for labor or material furnished in the
performance undertaken hereunder by the Contractor.
' 20. The parties hereto acknowledge that, as of the date of the'execution of this Agreement,'Section
10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which
taken alone increases the original bid price as awarded(a)by ten percent,if the original bid price is one hundred
fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be
approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the
authorization of any additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council.
1
' Construction C-3 6/97
r
r
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
f
ANNUAL WRITTEN ACTION
OF SHAREHOLDERS
OF
ELKHORN WEST CONSTRUCTION, INC.
Pursuant to Sections 21-2051,Reissue Revised Statutes of Nebraska, 1943,as amended,and
all other applicable provisions of the Nebraska Business Corporation Act, as amended, the
undersigned, being or representing all of the shareholders of Elkhorn West Construction, Inc., a
Nebraska business corporation, do, by written action in place of and without any annual meeting of
the shareholders of said corporation, act and consent to such action effective on the 6th day of
February, 2006, as herein noted and recorded.
RESOLVED,that the following person(s)are elected as Directors of the corporation to serve
until the next annual meeting of shareholders or until the appointment or election and the
qualification of a successor or successors.
Name Position
Thomas J. Gurnon Board Member
Louis F. Gurnon Board Member
Randolph M. Ferris Board Member
RESOLVED, that pursuant to Sections 21-2004 and 21-2021, Reissue Revised Statutes of
Nebraska, 1943, as amended, and all other applicable provisions of the Nebraska Business
Corporation Act,as amended,all and each of the acts and doings of the members of the corporation's
Board of Directors are hereby adopted, approved, and latified by and for the corporation.
�, , ram
Thomas . rnon, Share lder
ouis F. Gurnon, Sharehol
2
. 0,419
Randolph . Ferris, Shareholder
ATTEST:
landolph . Ferris, Corporate Secretary
DJP920.03
1
4
es and addresses of all. I
Construction C-4 6/97 I
I
I1
of that section with the knowledge of the Contractor, in addition to constituting empioyee,malfeasance, shall be
cause for the City to unilaterally terminate or void this Agreement.
' 18. Contractor shall pay all just claims due for the payment of all employees and mechanics for labor that
shall be performed,for the payment of all material and equipment furnished,and for the payment of material and
equipment rental which is actually used or rented in the performance of the Contract.
19. In accordance with the provisions of Legislative Bill 126 of the Seventy-Third Session of the
Legislature of Nebraska (1963) and amendments, if any, every person, partnership, association, or corporation
furnishing labor or.material in the repair, alteration, improvement, erection or construction of any public
' improvement shall furnish a certified statement to be attached to the Contract that all equipment to be used on the
project, except that acquired since the assessment date,has been assessed for taxation for the current year, giving
the county were assessed. It shall be the duty of the Contractor to comply with the foregoing requirements and to
' assure compliance therewith by all others required to comply therewith for labor or material furnished in the
performance undertaken hereunder by the Contractor.
' 20. The parties hereto acknowledge that, as of the date of the'execution of this Agreement,'Section
10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which
taken alone increases the original bid price as awarded(a)by ten percent,if the original bid price is one hundred
fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be
approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the
authorization of any additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council.
1
' Construction C-3 6/97
r
r
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
i
• ADDENDUM NO. 1
DATE OF ISSUE August 13, 2008
DATE OF ADVERTISEMENT August 6, 2008
DATE OF BID OPENING August 20, 2008
PROJECT NO.
OPW 51533 P.T. — SSD, PD
Charles Place Overlot Grading — Phase IV
NOTICE TO PLAN HOLDERS:
The following revisions to the contract documents, special provisions, and plans shall
be acknowledged on page P-1 of the bidder's proposal.
CONTRACT DOCUMENTS, SPECIAL PROVISIONS, AND PLANS
Remove and Replace Page A-2 with attached (2 pages total).
CITY OF OMAHA j
PUBLIC WORKS DEPARTMENT BY /.e.</ ,, 'uzV BY (fee�/�
Project Engineer � & Eer
l'� Transportation Services
p:\gerhard\projects\addcndum no.doc page 1
N N N N
Robert G. Stubbe, P. Date
Public Works Director
PLNLSF1142-cover letter
ject OPW 51548
dmin for project OPW 51548.
1
A
•
ADDENDUM NO. 1
PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS
TO: All Plan Holders and Prospective Bidders
TITLE: Charles Place Overlot Grading Phase IV
PROJECT NO: OPW51533 P.T. - SSD, PD
EGA081044
LOCATION: Florence Boulevard & Charles Street
OWNER: City of Omaha
DATE OF ISSUE: August 13, 2008
DATE OF BID OPENING: August 20, 2008
The following changes, corrections, clarifications and additions shall be made to the Plans,
Specifications and Contract Documents for the above-named project and shall be as binding as
if incorporated in the original Contract Documents. The Contractor shall acquaint himself with
all aspects of this Addendum.
All other provisions and stipulations of the Contract Documents remain in effect, as originally
issued.
The Contractor shall acknowledge receipt of all addenda on the Proposal Form.
The following shall be deleted, modified or added to as follows:
CHANGES TO CONTRACT DOCUMENTS
1. Remove SHEET A-2 and replace with sheet provided (see attached).
Respectfully submitted,
Terry Morrison, P.E.
EHRHART GRIFFIN & ASSOCIATES
1 of 1
all and each of the acts and doings of the members of the corporation's
Board of Directors are hereby adopted, approved, and latified by and for the corporation.
�, , ram
Thomas . rnon, Share lder
ouis F. Gurnon, Sharehol
2
. 0,419
Randolph . Ferris, Shareholder
ATTEST:
landolph . Ferris, Corporate Secretary
DJP920.03
1
4
es and addresses of all. I
Construction C-4 6/97 I
I
I1
of that section with the knowledge of the Contractor, in addition to constituting empioyee,malfeasance, shall be
cause for the City to unilaterally terminate or void this Agreement.
' 18. Contractor shall pay all just claims due for the payment of all employees and mechanics for labor that
shall be performed,for the payment of all material and equipment furnished,and for the payment of material and
equipment rental which is actually used or rented in the performance of the Contract.
19. In accordance with the provisions of Legislative Bill 126 of the Seventy-Third Session of the
Legislature of Nebraska (1963) and amendments, if any, every person, partnership, association, or corporation
furnishing labor or.material in the repair, alteration, improvement, erection or construction of any public
' improvement shall furnish a certified statement to be attached to the Contract that all equipment to be used on the
project, except that acquired since the assessment date,has been assessed for taxation for the current year, giving
the county were assessed. It shall be the duty of the Contractor to comply with the foregoing requirements and to
' assure compliance therewith by all others required to comply therewith for labor or material furnished in the
performance undertaken hereunder by the Contractor.
' 20. The parties hereto acknowledge that, as of the date of the'execution of this Agreement,'Section
10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which
taken alone increases the original bid price as awarded(a)by ten percent,if the original bid price is one hundred
fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be
approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the
authorization of any additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council.
1
' Construction C-3 6/97
r
r
2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Rights and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such
records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three
years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are
not made to PBE/DBE subcontractors_
In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
UTILIZATION OF Enterprises in the performance of any contract
PROTECTED AND/OR DISADVANTAGED resulting from this solicitation or,as an alternative,
BUSINESS ENTERPRISES that the contractor has made or will make good
faith efforts toward meeting the PBE/DBE goals,
A. Protected and/or Disadvantaged Business Enterprise and will demonstrate to the City of Omaha's
(PBE/DBE) Participation Contract Specifications satisfaction that the contractor has made such
Pursuant to City of Omaha Contract Compliance efforts. Bidders must submit with their bids, on the
Ordinance. form set forth in the PBE/DBE specifications, the
names, respective scope of work, and the dollar
1. It is the policy of the City of Omaha that Protected values of each PBE/DBE subcontractor that the
and/or Disadvantaged Business Enterprises shall Bidder proposes for participation in the contract
have the maximum practicable opportunity to work. In any case, Exhibits "A" and "B" must be
participate in the City of Omaha projects. submitted with the bid. If the information so
Consequently, the PBE/DBE requirements of submitted indicates that the City of Omaha goals
Contract Compliance Ordinance apply to this will not be met, the Bidder shall submit good faith
solicitation. In this regard, the Contractor to whom efforts documentation with their bid. The evidence
any award of this solicitation is made shall take all must show to the City of Omaha's satisfaction that
necessary and reasonable steps in accordance with the bidder has in good faith made every reasonable
this solicitation to ensure that Protected and/or effort, in the City of Omaha's judgment, to meet
Disadvantaged Business Enterprises have the such goals. If any bidder fails to submit, with the
maximum opportunity to participate in the Contract. bid, the required information. concerning
The Contractor shall not discriminate on the basis of PBE/DBE participation, or if, having failed to
race, color, national origin, sex, religion, age or meet the City of Omaha's goals or fails to
disability in the award or performance of any demonstrate to the City of Omaha's satisfaction the
contract or subcontract resulting from or relating to bidder's good faith efforts to do so, the City of
this solicitation. Failure to carry out the pre-award Omaha may, in its discretion,reject the bid.
requirements of these .PBE/DBE specifications will
be sufficient ground to reject the Bid. Failure of the -3. Protected and/or Disadvantaged Business
Contractor to carry out the requirements of the Enterprise Goals. Bidders are hereby informed that
PRE/DBE specifications shall constitute a material pursuant to Sec. 10-200 and Executive Order No.
breach of the contract and may result in termination F-11-02 the City of Omaha has a PEE
of the contract. The Contractor shall use its best Participation goal of no less than 13% and a DBE
efforts to carry out the PBE/DBE policy consistent participation goal of no less than 10% of the dollar
with efficient performance on the project. volume of all the contracts that it awards. All
bidders shall make every good faith effort to meet.
2. Bidders are hereby informed that the City of Omaha said goals.
has established goals for the participation of
Protected and/or Disadvantaged Business Enterprise 4. The City of Omaha shall set specific goals for all
in all contracts that it awards. Subcontracts contracts over S200,000 to assist it in meeting its
awarded, by the Bidder that is successful in this overall PBE/DBE goals set forth above. The City
solicitation, to finns owned by Protected and/or of Omaha has established a PBE/DBE goal of 0%
Disadvantaged Business Enterprises is essential to of the dollar amount of the bid (Bid Total) for this
the achievement of the City of Omaha's PBE/DBE contract (if said contract is anticipated to be over
goals. Therefore, to he considered for award, $200,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid,
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth, constitute an acceptable basis for rejecting
in the PRE=/I)BE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a
A-2 Ptifril)11r_Doe. 12./5/02
in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
PERFORMANCE,PAYMENT AND GUARANTEE BOND
KNOW ALL MEN BY THESE PRESENTS:That we
hereinafter called Principal,and
1
hereinafter called Surety, are held and firmly bound to the City of Omaha and hereby jointly and severally bind
' ourselves, executors, administrators, personal representative, successors, and assigns to the City of Omaha, a
Municipal Corporation of the Metropolitan Class in the State of Nebraska,hereinafter called City, in the penal
1 sum of
Dollars($ )
' lawful money of the United States of America,to be paid to the City for the payment whereof the Principal and
Surety hold themselves, their heirs, executors, administrators, personal representatives, successors and assigns
jointly and severally by these presents.
WHEREAS, The Principal is about to enter, or has entered, into a written Contract with the City for the
' construction by the Principal of CHARLES PLACE OVERLOT GRADING PHASE IV
also referred to as Project No OPW51533 P.T. - SSD, PD which Contract is made a part hereof by
reference thereto the same as though fully set forth herein;
NOW,THEREFORE,the conditions of this obligation are such that:
FIRST: If the Principal shall faithfully perform the Contract on his or its part, shall satisfy all claims
and demands incurred for the same, shall fully indemnify and save harmless the City from all cost and damage
' which said City may suffer by reason of failure so to do, and shall fully reimburse and repay said City all outlay
and expense which said City may incur in making good any such default; and,
I
Construction B-1 6/97
I
with the bidder has in good faith made every reasonable
this solicitation to ensure that Protected and/or effort, in the City of Omaha's judgment, to meet
Disadvantaged Business Enterprises have the such goals. If any bidder fails to submit, with the
maximum opportunity to participate in the Contract. bid, the required information. concerning
The Contractor shall not discriminate on the basis of PBE/DBE participation, or if, having failed to
race, color, national origin, sex, religion, age or meet the City of Omaha's goals or fails to
disability in the award or performance of any demonstrate to the City of Omaha's satisfaction the
contract or subcontract resulting from or relating to bidder's good faith efforts to do so, the City of
this solicitation. Failure to carry out the pre-award Omaha may, in its discretion,reject the bid.
requirements of these .PBE/DBE specifications will
be sufficient ground to reject the Bid. Failure of the -3. Protected and/or Disadvantaged Business
Contractor to carry out the requirements of the Enterprise Goals. Bidders are hereby informed that
PRE/DBE specifications shall constitute a material pursuant to Sec. 10-200 and Executive Order No.
breach of the contract and may result in termination F-11-02 the City of Omaha has a PEE
of the contract. The Contractor shall use its best Participation goal of no less than 13% and a DBE
efforts to carry out the PBE/DBE policy consistent participation goal of no less than 10% of the dollar
with efficient performance on the project. volume of all the contracts that it awards. All
bidders shall make every good faith effort to meet.
2. Bidders are hereby informed that the City of Omaha said goals.
has established goals for the participation of
Protected and/or Disadvantaged Business Enterprise 4. The City of Omaha shall set specific goals for all
in all contracts that it awards. Subcontracts contracts over S200,000 to assist it in meeting its
awarded, by the Bidder that is successful in this overall PBE/DBE goals set forth above. The City
solicitation, to finns owned by Protected and/or of Omaha has established a PBE/DBE goal of 0%
Disadvantaged Business Enterprises is essential to of the dollar amount of the bid (Bid Total) for this
the achievement of the City of Omaha's PBE/DBE contract (if said contract is anticipated to be over
goals. Therefore, to he considered for award, $200,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid,
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth, constitute an acceptable basis for rejecting
in the PRE=/I)BE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a
A-2 Ptifril)11r_Doe. 12./5/02
in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
SECOND: The Principal shall indemnify and save harmless the City of Omaha, its officers, employees, I
and agents from all claims, suits, or actions of every kind and character made upon or brought against the said
City of Omaha, its officers, employees and agents, for or on account of any injuries and damages received or
sustained by any party or parties by or from the acts or omissions of the said Contractor or his or its servants,
agents, and subcontractors, in performing under said Contract, or by or in consequence, or by or on account of
any act or omission of said Contractor or his or its servants, agents, and subcontractors, and also from all claims
of damage for infringement of any patent in fulfilling said Contract;and,
THIRD: The Principal and Surety on this Bond hereby agree to pay all persons, firms or corporations ,
having contracts directly with the Principal or with subcontractors,all just claims due them for the payment of all
laborers and mechanics for labor that shall be performed, for the payment of all material and equipment I
furnished, and for the payment of material and equipment rental which is actually used or rented in the
performance of the Contract on account of which this Bond is given, when the same are not satisfied out of the
portion of the Contract Price which the City may retain until completion of the construction; and,
FOURTH: Principal and Surety are jointly and severally liable under the provisions hereof and action
against either or both may proceed without prior action against the other, and both may be joined in one action;
and,
FIFTH: Work constructed for the City of Omaha under the specifications of the Contract of which this
is a part hereof, shall be guaranteed as hereinafter more specifically set forth for the full number of years
specified as set forth below. The term of guarantee shall be dated from the date of acceptance and as regards the
respective projects shall be no less than the following:
a. Permanent Paving Projects 2 years
b. Sewer Projects 2 years
c. Street Resurfacing Projects 2 years ,
d. Seal Coating Application Projects 1 year
e. Sidewalk Projects 2 years
f. Traffic Signals 2 years
g. Bridges&Structures 2 years
h. Seeding&Sodding 1 year
1
Construction B-2 6/97
1
I
aith efforts to do so, the City of
this solicitation. Failure to carry out the pre-award Omaha may, in its discretion,reject the bid.
requirements of these .PBE/DBE specifications will
be sufficient ground to reject the Bid. Failure of the -3. Protected and/or Disadvantaged Business
Contractor to carry out the requirements of the Enterprise Goals. Bidders are hereby informed that
PRE/DBE specifications shall constitute a material pursuant to Sec. 10-200 and Executive Order No.
breach of the contract and may result in termination F-11-02 the City of Omaha has a PEE
of the contract. The Contractor shall use its best Participation goal of no less than 13% and a DBE
efforts to carry out the PBE/DBE policy consistent participation goal of no less than 10% of the dollar
with efficient performance on the project. volume of all the contracts that it awards. All
bidders shall make every good faith effort to meet.
2. Bidders are hereby informed that the City of Omaha said goals.
has established goals for the participation of
Protected and/or Disadvantaged Business Enterprise 4. The City of Omaha shall set specific goals for all
in all contracts that it awards. Subcontracts contracts over S200,000 to assist it in meeting its
awarded, by the Bidder that is successful in this overall PBE/DBE goals set forth above. The City
solicitation, to finns owned by Protected and/or of Omaha has established a PBE/DBE goal of 0%
Disadvantaged Business Enterprises is essential to of the dollar amount of the bid (Bid Total) for this
the achievement of the City of Omaha's PBE/DBE contract (if said contract is anticipated to be over
goals. Therefore, to he considered for award, $200,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid,
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth, constitute an acceptable basis for rejecting
in the PRE=/I)BE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a
A-2 Ptifril)11r_Doe. 12./5/02
in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
z i
The Principal hereby binds himself and his heirs and assigns for the entire expense of the guarantee
' and for all repairs or reconstruction which may, from any imperfection in the said work or material,become
necessary within the term of guarantee. The Principal further agrees to correct and repair promptly during
that time all failures of whatsoever description and all settlements and irregularities of trenches, sidewalks,
' paving, other surfacing, sewers, drains or other structures caused by any imperfections in his workmanship
or material and shall deliver the work in all respects in good condition at the end of that time;
If, at any time within the period of guarantee after the completion and acceptance of the work
contract for, the work shall, in the judgment of the Engineer,require such repairs of reconstruction as above
set out,he shall notify the Principal by certified mail and, should the Principal refuse or neglect to begin to
make such repairs within twenty(20)days from the date of the service of such notice,then the City Engineer
shall have the right to cause such repairs or reconstruction to be made in such manner as he shall deem best;
and the cost thereof shall be paid by the Principal or his sureties;
Then this obligation shall be null and void;otherwise it shall remain in full force and effect.
Any Surety on this Bond shall be deemed and held, any Contract to the contrary notwithstanding, to
consent without notice;
1. To anyextension of time to the Principal in which to perform the Contract.
p
2. To any change in the Plans, Specifications or Contract,when such change
does not involve an increase of more than twenty percent(20%)of the total
Contract Price,and shall then be released only as to such excess increase.
' 3. That no provision of this Bond or of any other contract shall be valid
which limits to less than five years from time of acceptance of the work
the right to sue on this Bond for defects in workmanship or material not
' discovered or known to the obligee at the time such work was accepted.
1
1
Construction B-3 3/20/03
i
I
ears
f. Traffic Signals 2 years
g. Bridges&Structures 2 years
h. Seeding&Sodding 1 year
1
Construction B-2 6/97
1
I
aith efforts to do so, the City of
this solicitation. Failure to carry out the pre-award Omaha may, in its discretion,reject the bid.
requirements of these .PBE/DBE specifications will
be sufficient ground to reject the Bid. Failure of the -3. Protected and/or Disadvantaged Business
Contractor to carry out the requirements of the Enterprise Goals. Bidders are hereby informed that
PRE/DBE specifications shall constitute a material pursuant to Sec. 10-200 and Executive Order No.
breach of the contract and may result in termination F-11-02 the City of Omaha has a PEE
of the contract. The Contractor shall use its best Participation goal of no less than 13% and a DBE
efforts to carry out the PBE/DBE policy consistent participation goal of no less than 10% of the dollar
with efficient performance on the project. volume of all the contracts that it awards. All
bidders shall make every good faith effort to meet.
2. Bidders are hereby informed that the City of Omaha said goals.
has established goals for the participation of
Protected and/or Disadvantaged Business Enterprise 4. The City of Omaha shall set specific goals for all
in all contracts that it awards. Subcontracts contracts over S200,000 to assist it in meeting its
awarded, by the Bidder that is successful in this overall PBE/DBE goals set forth above. The City
solicitation, to finns owned by Protected and/or of Omaha has established a PBE/DBE goal of 0%
Disadvantaged Business Enterprises is essential to of the dollar amount of the bid (Bid Total) for this
the achievement of the City of Omaha's PBE/DBE contract (if said contract is anticipated to be over
goals. Therefore, to he considered for award, $200,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid,
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth, constitute an acceptable basis for rejecting
in the PRE=/I)BE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a
A-2 Ptifril)11r_Doe. 12./5/02
in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
SIGNED AND SEALED THIS DAY OF A.D.,20 I
IN THE PRESENCE OF:
Principal
I
Name*
By I
Address Title: I
COUNTERSIGNED:
(Attach Corporate Resolution of
Principal Authorizing Execution)
Resident Agent* I
Surety I
Company Name
Address
By
(Attorney-in-Fact*)
City State Zip Code I
APPROVED AS TO FORM:
City Attorney
* Instructions: Type name of persons
under signature of each.
I
Construction B-4 6/97
1
l
ndum no.doc page 1
N N N N
Robert G. Stubbe, P. Date
Public Works Director
PLNLSF1142-cover letter
ject OPW 51548
dmin for project OPW 51548.
I
Protected and Disadvantaged Business Enterprise Programs
Who Qualifies as a Protected /Disadvantaged Business Enterprise?
' The term "Protected Business Enterprises" (PBE) is defined to be a business at least
51 percent of which is owned, controlled, and actively managed by protected class
' members (Black, Hispanic, Asian, or Pacific Islander, American Indian or Alaskan
Native or Female).
The term "Disadvantaged Business Enterprise" (DBE) is defined to be a small
business that has been in existence for at least one year and has annual gross receipts
of $150,000 or less. A DBE may include, but not limited to a business owned by a
Protected class, but such business must meet two or other conditions set forth in the
City of Omaha Contract Compliance Ordinance, Section 10-191,
' M (1) through (5).
What are the benefits of becoming certified as a PBE/DBE?
Certification as a PBE or DBE provides greater exposure for work opportunities on
City of Omaha projects. The names of all certified PBE/DBE'S appear in the
PBE/DBE directory, which is disseminated to local government agencies, contractors
and to the public. City of Omaha contractors will use the PBE/DBE directory as a
basic resource for soliciting Minority/Women/Small Business participation on City of
Omaha Projects. The City of Omaha shall make every good-faith effort to award City
contracts and City-assisted construction contracts to Disadvantaged Business
Enterprises in amounts no less than 10% of the dollar volume of the applicable
contracts awarded by the city. Other benefits include the authority, (but not a
irequirement), of the City Council to award a contract to a DBE that is not the lowest
bidder. A contract or subcontract can be awarded to a DBE if determined by the City
to be an acceptable cost higher than a competing lower bid except for specially
assessed Projects. A DBE company may be awarded the contract over the lowest
bidder as long as the cost differential does not exceed 3%.
If your business is not certified with the City of Omaha and you are interested in
becoming certified as a Protected and/or Disadvantaged Business Enterprise
please contact the Human Relations Department at 402-444-5055. The PBE/DBE
applications, Contract Compliance Report Form CC-1 and a current PBE/DBE
' City of Omaha certified directory are located on the City of Omaha website,
www.ci.omaha.ne.us. Click on departments. Click on Human Relations.
I
' A-1 PBE/DBE Doc.12/5/02
I
t the bid.
requirements of these .PBE/DBE specifications will
be sufficient ground to reject the Bid. Failure of the -3. Protected and/or Disadvantaged Business
Contractor to carry out the requirements of the Enterprise Goals. Bidders are hereby informed that
PRE/DBE specifications shall constitute a material pursuant to Sec. 10-200 and Executive Order No.
breach of the contract and may result in termination F-11-02 the City of Omaha has a PEE
of the contract. The Contractor shall use its best Participation goal of no less than 13% and a DBE
efforts to carry out the PBE/DBE policy consistent participation goal of no less than 10% of the dollar
with efficient performance on the project. volume of all the contracts that it awards. All
bidders shall make every good faith effort to meet.
2. Bidders are hereby informed that the City of Omaha said goals.
has established goals for the participation of
Protected and/or Disadvantaged Business Enterprise 4. The City of Omaha shall set specific goals for all
in all contracts that it awards. Subcontracts contracts over S200,000 to assist it in meeting its
awarded, by the Bidder that is successful in this overall PBE/DBE goals set forth above. The City
solicitation, to finns owned by Protected and/or of Omaha has established a PBE/DBE goal of 0%
Disadvantaged Business Enterprises is essential to of the dollar amount of the bid (Bid Total) for this
the achievement of the City of Omaha's PBE/DBE contract (if said contract is anticipated to be over
goals. Therefore, to he considered for award, $200,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid,
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth, constitute an acceptable basis for rejecting
in the PRE=/I)BE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a
A-2 Ptifril)11r_Doe. 12./5/02
in the PBE/DBE program the opportunity to submit bids on this project.
Failure to comply with the above shall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1
UTILIZATION OF Enterprises in the performance of any contract I
PROTECTED AND/OR DISADVANTAGED resulting from this solicitation or, as an alternative,
BUSINESS ENTERPRISES that the contractor has made or will make good
faith efforts toward meeting the PBE/DBE goals,
A. Protected and/or Disadvantaged Business Enterprise and will demonstrate to the City of Omaha's
(PBE/DBE) Participation Contract Specifications satisfaction that the contractor has made such
Pursuant to City of Omaha Contract Compliance efforts. Bidders must submit with their bids, on the
Ordinance. form set forth in the PBE/DBE specifications, the
names, respective scope of work, and the dollar I
1. It is the policy of the City of Omaha that Protected values of each PBE/DBE subcontractor that the
and/or Disadvantaged Business Enterprises shall Bidder proposes for participation in the contract
have the maximum practicable opportunity to work. In any case, Exhibits "A" and "B" must be
participate in the City of Omaha projects. submitted with the bid. If the information so
Consequently, the PBE/DBE requirements of submitted indicates that the City of Omaha goals
Contract Compliance Ordinance apply to this will not be met, the Bidder shall submit good faith
solicitation. In this regard, the Contractor to whom efforts documentation with their bid. The evidence I
any award of this solicitation is made shall take all must show to the City of Omaha's satisfaction that
necessary and reasonable steps in accordance with the bidder has in good faith made every reasonable
this solicitation to ensure that Protected and/or effort, in the City of Omaha's judgment, to meet
Disadvantaged Business Enterprises have the such goals. If any bidder fails to submit, with the
maximum opportunity to participate in the Contract. bid, the required information concerning
The Contractor shall not discriminate on the basis of PBE/DBE participation, or if, having failed to
race, color, national origin, .sex, religion, age or meet the City of Omaha's goals or fails to
disability in the award or performance of any demonstrate to the City of Omaha's satisfaction the
contract or subcontract resulting from or relating to bidder's good faith efforts to do so, the City of
this solicitation. Failure to carry out the pre-award Omaha may,in its discretion,reject the bid.
requirements of these PBE/DBE specifications will
be sufficient ground to reject the Bid. Failure of the 3. Protected and/or Disadvantaged Business
Contractor to carry out the requirements of the Enterprise Goals.Bidders are hereby informed that
PBE/DBE specifications shall constitute a material pursuant to Sec. 10-200 and Executive Order No. ,
breach of the contract and may result in termination F-11-02 the City of Omaha has a PBE
of the contract. The Contractor shall use its best Participation goal of no less than 13% and a DBE
efforts to carry out the PBE/DBE policy consistent participation goal of no less than 10% of the dollar
with efficient performance on the project. volume of all the contracts that it awards. All
bidders shall make every good faith effort to meet
2. Bidders are hereby informed that the City of Omaha said goals.
has established goals for the participation of
Protected and/or Disadvantaged Business Enterprise 4. The City of Omaha shall set specific goals for all
in all contracts that it awards. Subcontracts contracts over $200,000 to assist it in meeting its
awarded, by the Bidder that is successful in this overall PBE/DBE goals set forth above. The City
solicitation, to firms owned by Protected and/or of Omaha has established a PBE/DBE goal of 5%
Disadvantaged Business Enterprises is essential to of the dollar amount of the bid (Bid Total) for this
the achievement of the City of Omaha's PBE/DBE contract (if said contract is anticipated to be over I
goals. Therefore, to be considered for award, $200,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1
I
PBE/DBE.A Bidder's failure to meet the PBE/DBE
I goal or to show reasonable efforts to that end will, h. Efforts made to assist the PBE/DBEs
in the City of Omaha's discretion, constitute contacted that needed assistance in obtaining
sufficient ground for bid rejection. Such reasonable bonding, lines of credit, or insurance required
efforts may include, but are not limited to, some or by the Bidder or the City of Omaha;
I all of the following:
i. Designation, in writing, of a liaison officer
a. Attendance at the pre-bid conference,if any; who administers the Bidder's Protected and/or
I Disadvantaged Business Enterprise utilization
b. Follow-up of initial solicitations of interest by program;
contacting PBE/DBEs to determine with
I certainty whether the PBE/DBEs are interested; j. Expansion of search for PBE/DBEs to a wider
geographic area than the area in which the
c. Efforts made to select portions of the work Bidder generally seeks subcontractors if use of
(including where appropriate, breaking down the customary solicitation area does not result
I contracts into economically feasible units) in meeting the goals by the Bidder; and,
proposed to be performed by PBE/DBEs in
order to increase the likelihood of achieving the k. Utilization of services of available protected
I PBE/DBE goals; community organizations, protected
contractor's group, local, state, and federal
d. Efforts to negotiate with PBE/DBEs for specific minority business assistance offices, and other
I sub-bids, including at a minimum: organizations that provide assistance in the
recruitment and placement of PBE/DBEs.
(1) The names, addresses, type of work to be
subcontracted, and telephone numbers of 6. The Bidder must comply with the following:
I PBE/DBEs that were contacted;
(2) A description of the information provided a. Prior to award of this Contract all Bidders
to PBE/DBEs regarding the plans and shall submit Exhibit "A", Protected and/or
Disadvantaged Business Disclosure
specifications for portions of the work to be Participation Form. Exhibit "A" must be
performed;and, submitted with the bid. Bidder must also
(3) A detailed statement of the reasons why submit a copy of the written bid submitted by
I additional prospective agreements with the PBE/DBE subcontractor to the Bidder or
PBE/DBEs needed to meet the stated goals, other verification in writing from the
were not reached. PBE/DBE subcontractor that said
subcontractor has agreed to perform the
Ie. Advertisement in general circulation media, subcontracting work identified in the bidsubmitted by the Bidder.
trade association publications, and protected-
focus media for a reasonable period before bids b. If Bidder fails to meet the goals set forth
are due; above, Good Faith Efforts Documentation
must be submitted with bid.
f. Notification, in writing, to a reasonable number
I of specific PBE/DBEs that their interest in c. Also, prior to award of this contract all
contract work is solicited, in sufficient time to Bidders must submit Exhibit "B" Contractor
allow the PBE/DBEs to participate effectively; employment data form with the bid.
I g. Concerning each PBE/DBE the Bidder d. The Bidder and any of its subcontractors that
contacted but rejected as unqualified, the have been designated by the Bidder as PBE
reasons for the Bidder's conclusion; and/or DBE must have been approved as such
I by the Human Relations Department prior to
bid opening on the project.
IA-3 PBE/DBE Doc.12/5/02
I
stablished a PBE/DBE goal of 5%
Disadvantaged Business Enterprises is essential to of the dollar amount of the bid (Bid Total) for this
the achievement of the City of Omaha's PBE/DBE contract (if said contract is anticipated to be over I
goals. Therefore, to be considered for award, $200,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
. I
e. After bid opening and during contract B. PBE/DBE Reporting and Record Keeping
performance,Bidders and the Contractor,as the Requirements. I
case may be, are required to make every
reasonable effort to replace a PBE/DBE
subcontractor that is determined to be unable to 1• The Contractor shall submit periodic reports of
perform successfully or is not performing contracting with Protected and/or I
satisfactorily, with another PBE and/or DBE, Disadvantaged Business Enterprises in such
prior to substituting such PBE/DBE, the form and manner and at such time as
Contractor shall seek approval from the Human prescribed by the City of Omaha(Exhibit C is
Relations Department. The City of Omaha's currently required to be submitted within 10
Human Relations Department Director or a calendar days following the end of each
designee, shall approve all prior substitutions in calendar quarter,from the start of the project).
writing in order to ensure that the substituted 111
firms are bona fide PBE/DBEs. 2. The Contractor and subcontractors shall permit
access to their books,records, and accounts by
f. In the event of the Contractor's non-compliance the Human Relations Director or a designated
with the Protected and/or Disadvantaged representative for purpose of investigation to 1
Business Enterprise requirements of this ascertain compliance with these specified
Contract, the City of Omaha shall impose such requirements. Such records shall be
contract sanctions as it may determine to be maintained by the Contractor in a fashion that
appropriate,including,but not limited to: is readily accessible to the City of Omaha for a I
(1) Rejection of the Bid minimum of three years following completion
of this Contract. I
(2) Withholding of payments to the Contractor
until the Contractor complies; and/or 3. To ensure that all obligations under any
(3) Cancellation, termination or suspension of contract awarded as a result of this bid
the Contract,in whole or in part;or solicitation are met, the City of Omaha will I
(4) Any other penalty set forth in the City of conduct specific reviews of the Contractor's
Omaha's Contract Compliance Ordinance. PBE/DBE involvement efforts during contract
performance. The Contractor shall bring to I
7. For the information of Bidders, Contract the attention of the Human Relations Director
Compliance Ordinance outlines the City of Omaha's any situation in which regularly scheduled
rules, guidelines and criteria for (a) making progress payments are not made to PBE/DBE I
determinations as to the legitimacy of PBE/DBEs, subcontractors.
(b) ensuring that contracts are awarded to Bidders
that meet PBE/DBE goals. In submitting its bid, the Bidder is certifying that it has
contacted City of Omaha Human Relations Department I
8. The Bidder/Contractor shall cooperate with the prior to bid opening regarding this project and has
Human Relations Depai tnient in any reviews of the afforded subcontractors participating in the PBE/DBE
Bidder/Contractor's procedures and practices with program the opportunity to submit bids on this project.
respect to the Protected and/or Disadvantaged Failure to comply with the above shall result in the bid
being rejected by the City of Omaha.
Business Enterprise which the Human Relations
Depaitinent may from time to time conduct. I
I
I
A-4 PBE/DBE Doc.12/5/02
I
I
y the Human Relations Department prior to
bid opening on the project.
IA-3 PBE/DBE Doc.12/5/02
I
stablished a PBE/DBE goal of 5%
Disadvantaged Business Enterprises is essential to of the dollar amount of the bid (Bid Total) for this
the achievement of the City of Omaha's PBE/DBE contract (if said contract is anticipated to be over I
goals. Therefore, to be considered for award, $200,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
' EXHIBIT "A"
PROTECTED AND/OR DISADVANTAGED BUSINESS DISCLOSURE PARTICIPATION FORM
THIS FORM MUST BE SUBMITTED WITH THE BID
In the performance of this contract, the contractor proposes and agrees to make good faith efforts to contract with
eligible City of Omaha certified PBE and/or DBEs. Should the below listed PBE and/or DBE subcontractor be
determined to be unable to perform successfully or is not performing satisfactorily, the Contractor shall obtain prior
approval from the Human Relations Department Director or a designee, for substitution of the below listed
subcontractor with a City of Omaha certified PBE and/or DBE. In submitting this form, the Bidder is certifying that it
1 has contacted City of Omaha Human Relations Department prior to bid opening regarding this project and has
afforded subcontractors participating in the program the opportunity to submit bids on this project.
Type of work and Projected
' contract item or commencement *Agreed price
Name of PBE and/or parts thereof to be and completion with Percentage
DBE Address performed date of work with
(%)
' Totals
*Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column;total in this column must equal the
PBE/DBE goals.
CERTIFICATION
' The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or
good faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be
bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the
other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the
1 Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said
statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into
formal agreement(s) with Protected and/or Disadvantaged business enterprise(s) (which are otherwise deemed by the City of
Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit
A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that
if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false, or if there is a failure by
the successful bidder(i.e. the Contractor)to implement the stated agreements, intentions, objectives, goals, and comments set
forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material
' breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right
to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other
defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally, the
Undersigned/Contractor will be subject to the terms of any future Contract Awards.
Signature
Title Date of Signing
Firm or Corporate Name
Address Telephone Number
' A-5 PBE/DBE Doc.12/5/02
r
o the Protected and/or Disadvantaged Failure to comply with the above shall result in the bid
being rejected by the City of Omaha.
Business Enterprise which the Human Relations
Depaitinent may from time to time conduct. I
I
I
A-4 PBE/DBE Doc.12/5/02
I
I
y the Human Relations Department prior to
bid opening on the project.
IA-3 PBE/DBE Doc.12/5/02
I
stablished a PBE/DBE goal of 5%
Disadvantaged Business Enterprises is essential to of the dollar amount of the bid (Bid Total) for this
the achievement of the City of Omaha's PBE/DBE contract (if said contract is anticipated to be over I
goals. Therefore, to be considered for award, $200,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
EXHIBIT "B"
CONTRACTOR EMPLOYMENT DATA
THIS FORM MUST BE SUBMITTED WITH THE BID '
BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING WORK FORCE DATA WITH EACH BID r
(Protected Class is defined as Black, Hispanic,Asian and Pacific Islander,American Indian or Alaskan Native,Female.)
Total Employees Protected Class Males Protected Class Females
American American
Total Asian or Indian or Asian or Indian or
Total Work Protected Pacific Alaskan Pacific Alaskan
Date Force Class Black Hispanic Islander Native Black Hispanic Islander Native White I
f 1 I
I I I
*Refer any questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department(402)444-5400 or as shown
on bid. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have
on file with the Human Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months
from the date received by the Human Relations Department. Any Questions regarding the Contract Compliance Ordinance should be
directed to the Human Relations Department at(402)444-5055.
(PLEASE PRINT LEGIBLY OR TYPE)
Firm's Name:
(Date of Signing)
Signature:
(Print Name) (Title) (Signature)
I
I
A-6 PBE/DBE Doc. 12/5/02
r
umented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be
bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the
other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the
1 Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said
statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into
formal agreement(s) with Protected and/or Disadvantaged business enterprise(s) (which are otherwise deemed by the City of
Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit
A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that
if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false, or if there is a failure by
the successful bidder(i.e. the Contractor)to implement the stated agreements, intentions, objectives, goals, and comments set
forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material
' breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right
to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other
defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally, the
Undersigned/Contractor will be subject to the terms of any future Contract Awards.
Signature
Title Date of Signing
Firm or Corporate Name
Address Telephone Number
' A-5 PBE/DBE Doc.12/5/02
r
o the Protected and/or Disadvantaged Failure to comply with the above shall result in the bid
being rejected by the City of Omaha.
Business Enterprise which the Human Relations
Depaitinent may from time to time conduct. I
I
I
A-4 PBE/DBE Doc.12/5/02
I
I
y the Human Relations Department prior to
bid opening on the project.
IA-3 PBE/DBE Doc.12/5/02
I
stablished a PBE/DBE goal of 5%
Disadvantaged Business Enterprises is essential to of the dollar amount of the bid (Bid Total) for this
the achievement of the City of Omaha's PBE/DBE contract (if said contract is anticipated to be over I
goals. Therefore, to be considered for award, $200,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1 ..
' EXHIBIT "C"
QUARTERLY REPORT ON PROTECTED AND/OR DISADVANTAGED
BUSINESS ENTERPRISES
' (This form must be submitted within 10 calendar days of the end of each calendar
quarter, from the start of the project.)
Company Name:
Project Number:
Project Name:
Total Contract Amount:
Calendar Quarter
Covered by this Report:
1st 3rd
2nd _4th
Year 200_
I. Protected and/or Disadvantaged Contractors
Instructions: List all Protected and/or Disadvantaged Subcontractors which have performed work since Notice to
Proceed(NTP),are currently performing work,and are contemplated to perform work during the duration of the City
of Omaha Contracts. Name and total dollars committed and paid.
Name of Protected Dollars Paid
and/or Disadvantaged Dollars Paid During Since
Business Enterprise Work Assignment Dollars Committed Quarter (NTP)to Date
I
I
I
A-7 PBEJDBE Doc.12/5/02
I
m CC-1). This report shall be in effect for 24 months
from the date received by the Human Relations Department. Any Questions regarding the Contract Compliance Ordinance should be
directed to the Human Relations Department at(402)444-5055.
(PLEASE PRINT LEGIBLY OR TYPE)
Firm's Name:
(Date of Signing)
Signature:
(Print Name) (Title) (Signature)
I
I
A-6 PBE/DBE Doc. 12/5/02
r
umented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be
bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the
other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the
1 Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said
statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into
formal agreement(s) with Protected and/or Disadvantaged business enterprise(s) (which are otherwise deemed by the City of
Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit
A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that
if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false, or if there is a failure by
the successful bidder(i.e. the Contractor)to implement the stated agreements, intentions, objectives, goals, and comments set
forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material
' breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right
to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other
defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally, the
Undersigned/Contractor will be subject to the terms of any future Contract Awards.
Signature
Title Date of Signing
Firm or Corporate Name
Address Telephone Number
' A-5 PBE/DBE Doc.12/5/02
r
o the Protected and/or Disadvantaged Failure to comply with the above shall result in the bid
being rejected by the City of Omaha.
Business Enterprise which the Human Relations
Depaitinent may from time to time conduct. I
I
I
A-4 PBE/DBE Doc.12/5/02
I
I
y the Human Relations Department prior to
bid opening on the project.
IA-3 PBE/DBE Doc.12/5/02
I
stablished a PBE/DBE goal of 5%
Disadvantaged Business Enterprises is essential to of the dollar amount of the bid (Bid Total) for this
the achievement of the City of Omaha's PBE/DBE contract (if said contract is anticipated to be over I
goals. Therefore, to be considered for award, $200,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
Contract Compliance Ordinance No.35344,Section 10-192
Equal Employment Opportunity Clause '
During the performance of this contract,the contractor agrees as follows:
1) The contractor shall not discriminate against any employee applicant for employment because of race, 111
religion, color, sex, national origin, or disability as defined by the Americans With Disabilities Act of 1990
and Omaha Municipal Code 13-89. The contractor shall take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race, religion, color, sex
or national origin. The contractor shall take all actions necessary to comply with the Americans With
Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable
accommodation. As used herein,the word"treated" shall mean and include,without limitation,the following:
Recruited, whether advertising or by other means; compensated; selected for training, including
apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The
contractor agrees to and shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officers setting forth the provisions of this
nondiscrimination clause.
2) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to race,
religion,color,sex or national origin.
3) The contractor shall send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding a notice advising the labor union or worker's
representative of the contractor's commitments under the equal employment opportunity clause of the city and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4) The contractor shall furnish to the contract compliance officer all federal forms containing the information and
reports required by the federal government for federal contracts under federal rules and regulations, and
including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable access
to his records. Records accessible to the contract compliance officer shall be those which are related to
paragraphs (1) through (7) of this subsection and only after reasonable notice is given the contractor. The
purpose of this provision is to provide for investigation to ascertain compliance with the program provided for
herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of
enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for
noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as
the result of such directions by the city, the city will enter into such litigation as is necessary to protect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
SPECIAL PROVISIONS
INDEX
CONTRACT CONTROL S.P.-2
INDEX TO STANDARD PLATES 3 pages S.P.-3
SPECIAL PROVISIONS 43 pages S.P. -4
' GENERAL REQUIREMENTS 4 pages S.P. -5
SECTION 2100-SITE PREPARATION 2 pages S.P. -6
' SECTION 2200-EARTHWORK 6 pages S.P. -7
NPDES CERTIFICATION STATEMENT 1 page
OTHER CONTRACT REQUIREMENTS 30 pages
1
1
1
1 Construction S.P.-1 3/20/03
ty Attorney
* Instructions: Type name of persons
under signature of each.
I
Construction B-4 6/97
1
l
ndum no.doc page 1
N N N N
Robert G. Stubbe, P. Date
Public Works Director
PLNLSF1142-cover letter
ject OPW 51548
dmin for project OPW 51548.
SPECIAL PROVISIONS
CONTRACT CONTROL:
' 1. All work,material,guarantees and bonds shall conform with:
(a) All applicable Federal and State laws and all applicable ordinances and City of
Omaha regulations;
(b) The plans and all notations shown and specified on the plans;
' (c) The Special Provisions herein contained;
(d) The City of Omaha Standard Specifications for Public Works Construction,
2003 Edition.
2. In case of conflict between or among:
' (a) The notations shown and specified on the plans;
(b) The Special Provisions herein contained;
' (c) The City of Omaha Standard Specifications for Public Works Construction,
2003 Edition;
' then the conditions shall control and prevail in accordance with the sequence above
enumerated in this paragraph.
' Copies of the CITY OF OMAHA STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION, 2003 Edition are available from the General Services Division of the Public Works
Department(6th Floor),Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha,Nebraska 68183.
The Specifications can be downloaded from:
www.ci.omaha.ne.us/publicworks/PublicWorks.htm.
1
Construction S.P.-2 3/20/03
r
ed by the contracting officers setting forth the provisions of this
nondiscrimination clause.
2) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to race,
religion,color,sex or national origin.
3) The contractor shall send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding a notice advising the labor union or worker's
representative of the contractor's commitments under the equal employment opportunity clause of the city and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4) The contractor shall furnish to the contract compliance officer all federal forms containing the information and
reports required by the federal government for federal contracts under federal rules and regulations, and
including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable access
to his records. Records accessible to the contract compliance officer shall be those which are related to
paragraphs (1) through (7) of this subsection and only after reasonable notice is given the contractor. The
purpose of this provision is to provide for investigation to ascertain compliance with the program provided for
herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of
enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for
noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as
the result of such directions by the city, the city will enter into such litigation as is necessary to protect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
I.
STANDARD I
PLATE ISSUE
NUMBER STANDARD PLATES DATE
I SECTION 1 -PAVEMENTS AND APPURTENANCES
1-01 CONCRETE ALLEY PAVEMENT 3/26/2003
1-10 25'... RESIDENTIAL CONCRETE PAVEMENT 3/26/2003
I1-12 25'... RESIDENTIAL ASPHALT CONCRE Ili PAVEMENT 3/26/2003
1-13 25'... RESIDENTIAL GRADING SECTIONS WITHOUT SIDEWALK 3/26/2003
I
1-16 30'... INDUSTRIAL CONCRETE PAVEMENT 3/26/2003
1-20 38'... 3 LANE CONCRETE PAVEMENT 3/26/2003
1-30 50'... 4 LANE CONCRETE PAVEMENT 3/26/2003
I1-32 62'... 5 LANE CONCRETE PAVEMENT 3/26/2003
1-40 66'... 4 LANE DIVIDED CONCRETE PAVEMENT 3/26/2003
I1-42 68'... 4 LANE DIVIDED CONCRETE PAVEMENT 3/26/2003
1-50 CONCRETE PAVEMENT JOINT DETAILS 3/26/2003
I
1-52 CONCRETE CURB DETAILS 3/26/2003
1-54 CONCRETE MEDIAN DETAILS 3/26/2003
1-60 MISCELLANEOUS CONCRETE PAVEMENT DETAILS 3/26/2003
I1-70 CONCRETE DRIVEWAY DETAILS 3/26/2003
1-82 CONCRETE CURB RAMP DETAILS 3/26/2003
ISECTION 2-BITUMINOUS RESURFACING
2-01 PAVEMENT WIDENING,REPAIR AND SURFACING DETAILS 3/26/2003
I2-10 ASPHALT RESURFACING ADJUSTMENT DETAILS 6/27/2003
SECTION 3-SEWERS
3-01 SEWER BEDDING DETAILS 10/6/2003
3-18-1 SAMPLING MANHOLES(1 of 2 Sheets) 6/27/2003
I3-18-2 SAMPLING MANHOLES (2 of 2 Sheets) 3/26/2003
3-70 FLARED END SECTIONS AND BAR GRATES 3/26/2003
I
3-72 TIMBER PILE PIPE SUPPORT 3/26/2003
3 75 REINFORCED CONCRETE IMPACT STILLING BASIN 3/26/2003
3-83 REINFORCED CONCRETE PIPE COUPLERS 3/26/2003
I3-90-1 CAST IRON MANHOLE RINGS,COVERS,MANHOLE STEPS(1 of 2 6/27/2003
Sheets)
I 3-90-2 CAST IRON MANHOLE RINGS,COVERS,MANHOLE STEPS (2 of 2 3/26/2003
Sheets)
3-92 TYPE"A" FLAT CAST IRON GRATE,FRAME AND CURB INLET 3/26/2003
1 3-93 TYPE"V"CAST IRON VANE GRATE AND FRAME 3/26/2003
3-94 TYPE"SC" CAST IRON GRATE AND FRAME 3/26/2003
I
S.P. 3
Standard Plate Index 6—17-2003 (10/31/03) 1 of 3
I
ederal forms containing the information and
reports required by the federal government for federal contracts under federal rules and regulations, and
including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable access
to his records. Records accessible to the contract compliance officer shall be those which are related to
paragraphs (1) through (7) of this subsection and only after reasonable notice is given the contractor. The
purpose of this provision is to provide for investigation to ascertain compliance with the program provided for
herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of
enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for
noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as
the result of such directions by the city, the city will enter into such litigation as is necessary to protect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
' I
STANDARD
PLATE ISSUE I
NUMBER STANDARD PLATES DATE
SECTION 4-STRUCTURAL U
4-01 CHAIN LINK FENCES AND CHAIN LINK FENCE GATE DETAILS 3/26/2003
SECTION 5-EROSION CONTROL-LANDSCAPING I
5-01 GEOTEXTILE FABRIC SILT FENCE 3/26/2003
5-02 HAY BALE SILT CHECK 3/26/2003 I
5-10 CHANNEL AND SLOPE STABILIZATION MAT DETAILS 3/26/2003
SECTION 6—TRAFFIC SIGNALIZATION I
6-01 PULL BOX DETAILS 3/26/2003
6-04 CONCRETE PAD DETAIL FOR PAD MOUNTED CONTROLLER CABINET 3/26/2003
111
6-10 PEDESTAL POLE DETAILS 3/26/2003
6-20 MAST ARM POLE DETAILS 3/26/2003 I
6-22 MAST ARM POLE FOUNDATION DETAILS 3/26/2003
6-23 MAST ARM TRANSFORMER BASE DETAILS 3/26/2003
6-24 MAST ARM SIGNAL MOUNTING 3/26/2003 I
6-30-1 WOOD POLE SPAN WIRE DETAILS(1 of 2 Sheets) 3/26/2003
6-30-2 WOOD POLE SPAN WIRE DETAILS(2 of 2 Sheets) 3/26/2003 I
6-32 SPAN WIRE MOUNTING DETAILS 3/26/2003
6-40 POLE BRACKET INSTALLATION DETAILS 3/26/2003
6-50 STREET LIGHT POLE DETAILS 3/26/2003 I
6-60 STANDARD SIGNAL FACE ARRANGEMENTS 3/26/2003
6-70 INDUCTIVE LOOP DETECTORS 3/26/2003 I
6-72 MAGNETIC DETECTOR INSTALLATION DETAIL 3/26/2003
6-74 STANDARD TRAFFIC SIGNAL WIRING CODES 3/26/2003
6-76 ELECTRIC SERVICE PEDESTAL 3/26/2003
6-78 POWER SERVICE DETAILS 3/26/2003
6-80-1 STREET NAME SIGN LAYOUTS(1 of 2 Sheets) 3/26/2003 I
6-80-2 STREET NAME SIGN LAYOUTS (2 of 2 Sheets) 3/26/2003
6-82 OVERHEAD MOUNTED SIGNS 3/26/2003 I
6-84 POST MOUNTED SIGNS 3/26/2003
6-85 SIGN POST ANCHORING SYSTEMS 3/26/2003
6-88 CONSTRUCTION SIGN 3/26/2003 I
6-90 SPEED BUMP DETAILS 3/26/2003
6-91 SPEED TABLE DETAILS 3/26/2003 I
S.P. 3
Standard Plate Index 6—17-2003 (10/31/03) 2 of 3 I
10/31/03) 1 of 3
I
ederal forms containing the information and
reports required by the federal government for federal contracts under federal rules and regulations, and
including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable access
to his records. Records accessible to the contract compliance officer shall be those which are related to
paragraphs (1) through (7) of this subsection and only after reasonable notice is given the contractor. The
purpose of this provision is to provide for investigation to ascertain compliance with the program provided for
herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of
enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for
noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as
the result of such directions by the city, the city will enter into such litigation as is necessary to protect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1s
STANDARD
PLATE ISSUE
U
NUMBER STANDARD PLATES DATE
EXISTING STANDARD PLATES
I 320 SIDEWALK CONSTRUCTION DETAILS 4/1/1983
321 SIDEWALK LOCATION STANDARD 3/1/1970
401-1 S 1"EP DETAIL(1 OF 2 SHEETS) 3/17/1970 I
401-2 STEP DETAIL(2 OF 2 SHEETS) 3/17/1970
684 CURB WALL DETAIL 3/13/1973
I
703 TYPE"A" SINGLE INLET 2/1/1970
704 TYPE"AA DOUBLE INLET 2/1/1970
I
705 TYPE"AA DOUBLE INLET(ALTERNATE) 1/1/1968
707 TYPE"SADDLE CREEK" SINGLE INLET 1/1/1968
708 MANHOLE DETAIL 1/1/1968
I710 TYPE"C"DOUBLE INLET 1/1/1968
712 TYPE "B-B" SINGLE BASIN GRA 1'E 1/1/1968
I
715 TYPICAL RISER DETAIL 12/1/1974
716 RING AND BEEHIVE GRATE 11/14/1969
717-1 AREA INLET(1 of 2 SHEETS) 11/22/1976
I717-2 AREA INLET(2 of 2 SHEETS) 11/22/1976
721-1 CURB INLET-TYPE I(1 of 5 SHEETS) 4/20/1983
I
721-2 CURB INLET-TYPE II(2 of 5 SHEETS) 4/20/1983
721 3 CURB INLET-TYPE III(3 of 5 SHEETS) 4/20/1983
721-4 CURB INLET-TYPE IV(4 of 5 SHEETS) 4/20/1983
I721-5 CURB INLET BLOCKOUT AND TEMPLATE DETAILS(5 of 5 SHEETS) 4/1/1983
723 CONCRETE COLLAR-SEWER TAP 3/13/1970
I
724 PIPE PLUG DETAIL 3/13/1970
725 SANITARY SEWER/WATER MAIN DETAIL 3/13/1970
739 SANITARY MANHOLE 2/19/1973
1
I
I
S.P. 3
Standard Plate Index 6—17-2003 (10/31/03) 3 of 3
TS(1 of 2 Sheets) 3/26/2003 I
6-80-2 STREET NAME SIGN LAYOUTS (2 of 2 Sheets) 3/26/2003
6-82 OVERHEAD MOUNTED SIGNS 3/26/2003 I
6-84 POST MOUNTED SIGNS 3/26/2003
6-85 SIGN POST ANCHORING SYSTEMS 3/26/2003
6-88 CONSTRUCTION SIGN 3/26/2003 I
6-90 SPEED BUMP DETAILS 3/26/2003
6-91 SPEED TABLE DETAILS 3/26/2003 I
S.P. 3
Standard Plate Index 6—17-2003 (10/31/03) 2 of 3 I
10/31/03) 1 of 3
I
ederal forms containing the information and
reports required by the federal government for federal contracts under federal rules and regulations, and
including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable access
to his records. Records accessible to the contract compliance officer shall be those which are related to
paragraphs (1) through (7) of this subsection and only after reasonable notice is given the contractor. The
purpose of this provision is to provide for investigation to ascertain compliance with the program provided for
herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of
enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for
noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as
the result of such directions by the city, the city will enter into such litigation as is necessary to protect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
' `
GENERAL REQUIREMENTS
1. SCOPE OF WORK
The scope of work described in these SPECIFICATIONS shall consist of the construction of grading
improvements, sidewalk pavement,driveway pavement and all related appurtenances as shown on
the DRAWINGS and as described herein. The full extent of this work is shown on the PLANS.
2. PROJECT SPECIFICATIONS
All work shall be done in accordance with the City of Omaha Standard Specifications for Public
' Works Construction, 2003 Edition and current revisions except those modified by these SPECIAL
PROVISIONS. If a conflict exists between the City of Omaha Standard Specifications and these
SPECIAL PROVISIONS the more stringent of the two will apply.
3. STANDARD PLATES
Certain items of work shall be constructed in accordance with the City of Omaha Public Works
Department"Standard Plates". A copy of the index to City of Omaha Standard Plates is included
with these SPECIAL PROVISIONS. Copies of the Standard Plates are available from the Public
Works Department, Room 631, Omaha/Douglas Civic Center.
4. PRE-BID MEETING
' A pre-bid meeting shall be held on Friday August 8, 2008 at 9:00 a.m. The location of the meeting
will on the project site located at the intersection of Florence Blvd. and Charles Street,Omaha, NE.
Questions regarding the PLANS and these SPECIAL PROVISIONS can be addressed at the
meeting.
4. FORCE ACCOUNT WORK
' All force account work shall be paid for on a time and materials basis and shall be determined as
follows:
1 A. LABOR: Base rate plus liability and workman's compensations insurance plus fringe
benefits.
' B. MATERIALS: Actual cost delivered to the work site, including freight and handling
costs as shown by original receipt invoices.
C. SMALL TOOLS AND SUPPLIES: 5% of labor(above).
D. OVERHEAD AND PROFIT: 15%of the total of labor(above)plus materials(above)
plus small tools and supplies (above).
E. EQUIPMENT COST: 77% of the "Blue Book" hourly rate plus operating.
'
' S.P. -5 GENERAL REQUIREMENTS
EGA 081044
1
taining the information and
reports required by the federal government for federal contracts under federal rules and regulations, and
including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable access
to his records. Records accessible to the contract compliance officer shall be those which are related to
paragraphs (1) through (7) of this subsection and only after reasonable notice is given the contractor. The
purpose of this provision is to provide for investigation to ascertain compliance with the program provided for
herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of
enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for
noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as
the result of such directions by the city, the city will enter into such litigation as is necessary to protect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
5. NOTICE TO UTILITY COMPANIES '
The CONTRACTOR shall give at least 48 hours notice to affected utility companies prior to digging
by calling One Call: 344-3565 or 1-800-336-9193. In addition the CONTRACTOR shall notify all
applicable utility companies, including, but not limited to the following:
Qwest Communications - 572-5814
Omaha Public Power District- 636-2000
Metropolitan Utilities District- 554-7921
City of Omaha - Sewers - 444-5332
City of Omaha -Streets - 444-4919
MCI Telecommunications - 571-5450
Cox Cable Television - 933-3000 '
The CONTRACTOR shall be fully responsible for the protection of all existing surface and
underground facilities during all phases of work. Existing underground facilities shown on the
DRAWINGS are for the CONTRACTOR'S guidance only. The CONTRACTOR shall note that there
may be existing utilities that are not shown on the PLANS. The CONTRACTOR shall repair at his
expense, any damages to existing facilities caused directly or indirectly by his operations.
In all cases with no exception, the CONTRACTOR, before beginning construction of any new
underground facilities,shall locate,uncover,and determine the horizontal and vertical location of all
existing underground facilities which may potentially conflict with his work or are to be incorporated
into the new work. Before proceeding,the CONTRACTOR shall satisfy himself that a conflict does
not exist and that the underground work can be performed as shown on the PLANS. If, in the
opinion of the CONTRACTOR,a conflict does exist, he shall immediately notify the ENGINEER who
will make the final determination for resolving the conflict. The CONTRACTOR will receive no
additional compensation for any delays or work resulting from a conflict which was not thoroughly
investigated prior to proceeding with his work. The CONTRACTOR may request additional
compensation for additional work performed to directly resolve the conflict as directed in writing by
the ENGINEER.
6. NOTICE TO STAKE ,
The CONTRACTOR shall notify the ENGINEER at least 48 hours prior to the time he expects to
begin construction to request line and grade stakes as required. '
7. REPAIR OF DAMAGE
The CONTRACTOR shall be responsible for the repair of damage caused by his operations to I
public and private streets, sidewalks, and property that are not designated for removal under this
contract. The CONTRACTOR shall promptly clean up all mud and debris along haul routes. 1
8. SHOP DRAWINGS AND CERTIFICATIONS
SHOP DRAWINGS and certifications shall be submitted to the ENGINEER for review. The number '
of copies of SHOP DRAWINGS and certifications shall consist of the quantity required for the
CONTRACTORS use, including the distribution to subcontractors, fabricators and/or suppliers, in
addition to five copies to be retained by the ENGINEER. SHOP DRAWINGS and/or certifications ,
shall be provided as requested under the Special Provisions.
S.P. -5 GENERAL REQUIREMENTS
EGA 081044
2
itigation as is necessary to protect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1 '
I
9. PROJECT SCHEDULE
IThe following dates shall be considered calendar milestones for completion of the project items.
Completion dates are subject to liquidated damages as specified in Table 8.01 of the project
Ispecifications. Substantial completion shall be defined as all contract activities.
All construction activities completed — DECEMBER 19, 2008
1 10. COORDINATION WITH OTHER CONTRACTORS
The CONTRACTOR shall coordinate his work with other contractors working at the site to minimize
I
conflict and allow for access to other areas of work.
11. PRE-CONSTRUCTION CONFERENCE
IPrior to the beginning of construction, a Pre-construction Conference shall be held with the
ENGINEER, a representative of the CITY, the Contractor's representative (including the on-site
1 superintendent who will be assigned to the project), and representatives of major subcontractors
and suppliers. The CONTRACTOR shall submit a Construction Schedule at this conference. The
ENGINEER shall notify the CONTRACTOR of the date, time and location of the conference.
12. PROGRESS MEETINGS
I
Progress Meetings will be scheduled throughout the work period on an as needed basis as
established by the Engineer.
13. DAMAGE TO EXISTING STRUCTURES
I
The CONTRACTOR shall be responsible for any damage to structures or existing sewers. If any
damage is incurred, the proposed method of repair shall be submitted to the ENGINEER who will
I forward copies to the City of Omaha for their approval before any remedial activities are undertaken.
If dire consequence will result as part of the review and submittal process,the CONTRACTOR shall
contact the ENGINEER and attempt to correct the problem immediately. Repairs will be made at the
1 CONTRACTOR'S expense.
14. HAZARDOUS MATERIALS
1 Presence of Hazardous Materials or Hazardous Waste
A. In the event the Contractor encounters material on site reasonably believed to be a 1
CERCLA hazardous substance in concentrations that may constitute a substantial
hazardous waste as defined in 40 CFR Part 261 that has not been rendered
harmless, the Contractor may test (at the Contractor's expense) the suspected
I material using the appropriate EPA technology. If the material is determined to be
hazardous, the Contractor shall immediately stop work in the affected area, safely
secure the work site, and immediately notify the City's Project Engineer, their
I
designated representative, and/or other appropriate City personnel.
I S.P. -5 GENERAL REQUIREMENTS
EGA 081044
3
SHOP DRAWINGS AND CERTIFICATIONS
SHOP DRAWINGS and certifications shall be submitted to the ENGINEER for review. The number '
of copies of SHOP DRAWINGS and certifications shall consist of the quantity required for the
CONTRACTORS use, including the distribution to subcontractors, fabricators and/or suppliers, in
addition to five copies to be retained by the ENGINEER. SHOP DRAWINGS and/or certifications ,
shall be provided as requested under the Special Provisions.
S.P. -5 GENERAL REQUIREMENTS
EGA 081044
2
itigation as is necessary to protect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
B. Hazardous materials shall be disposed to an approved off-site location based on the
current EPA and State of Nebraska Department of Environmental Quality
regulations.All work required to complete this operation including importing suitable
backfill material shall be measured in cubic feet in place and shall be paid at the
contract unit price for"Remove Contaminated Soil". The unit price shall include all
excavation, hauling,permitting,materials,equipment and labor required to complete
this operation including importing suitable backfill materials. '
C. All such hazardous material or hazardous waste, not mentioned in the contract
documents, shall be considered outside of the scope of this contract and outside
the responsibility of the Contractor. Any additional costs due to the encountering of
hazardous waste or materials will constitute "Extra Work" under Section 104.03 of
the Standard Specifications and Contractor shall be compensated accordingly.
D. The City of Omaha shall not consider the Contractor the "Generator, Owner, or
Responsible Party"for any hazardous waste or hazardous material discovered in the
normal performance of work associated with this contract, nor during the
performance of any"Extra Work" pursuant to Section 104.03 unless brought to the
site by the Contractor.
E. The Contractor shall maintain sole responsibility for workers health and safety
including, but not necessarily limited to, interpreting monitoring or sampling results
provided by the City or any another governmental agency,or performing Contractor's
own monitoring or sampling to ensure worker health and safety.
15_ STABILIZED CONSTRUCTION ENTRANCE
STABILIZED CONSTRUCTION ENTRANCE and maintenance of stabilized construction
entrance. Maintenance shall be for the duration of the project and shall include repair,
replacement or placement of additional rock as necessary or as required by the permit.
Stabilized construction entrance shall be measured per each and paid for at the contract unit
price for"STABILIZED CONSTRUCTION ENTRANCE".
- END OF SECTION -
I
1
S.P. -5 GENERAL REQUIREMENTS
EGA 081044
4
chnology. If the material is determined to be
hazardous, the Contractor shall immediately stop work in the affected area, safely
secure the work site, and immediately notify the City's Project Engineer, their
I
designated representative, and/or other appropriate City personnel.
I S.P. -5 GENERAL REQUIREMENTS
EGA 081044
3
SHOP DRAWINGS AND CERTIFICATIONS
SHOP DRAWINGS and certifications shall be submitted to the ENGINEER for review. The number '
of copies of SHOP DRAWINGS and certifications shall consist of the quantity required for the
CONTRACTORS use, including the distribution to subcontractors, fabricators and/or suppliers, in
addition to five copies to be retained by the ENGINEER. SHOP DRAWINGS and/or certifications ,
shall be provided as requested under the Special Provisions.
S.P. -5 GENERAL REQUIREMENTS
EGA 081044
2
itigation as is necessary to protect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
I ,
Ii S.P. -6 SECTION 2100-SITE PREPARATION
2
3 PART 1 -GENERAL
I
4
5 RELATED WORK SPECIFIED ELSEWHERE
6
I
7 Earthwork Section 2200
8
9 PART 2 -PRODUCTS
I 10
1 i PART 3 -EXECUTION
12
I13 GENERAL SITE PREPARATION
14
15 Keep project site free from drainage ponding due to construction operations during progress of Work.
I16 Make arrangements for disposal of all water and sewage received on the site from temporary connections
17 or stoppages. Do not discharge any water or sewage onto private property outside the construction right-
18 of-way.
' 19
20 Strip top soil and separately store to provide depth of top soil replacement as specified.
21
I 22 Remove and store obstructions such as culvert pipe, signs, and fences for replacement upon completion of
23 construction. Provide temporary fencing if necessary to prevent accidents until permanent fencing is
24 restored.
25
26 EXISTING UTILITIES
27 I
28 Contractor is responsible for liaison with utility companies and for repairing utilities and services which
I29 are not in direct conflict with the Work, and is responsible for damage during construction at no expense to
30 the Owner,unless indicated otherwise on the Drawings.
31
I 32 The Contractor shall field verify all utility locations and depths prior to the installation of the sanitary
33 sewer and notify the Engineer of his findings prior to construction. Field adjustments shall be made only
34 by the Engineer.
I 35
36 Utilities shown on drawings, in direct line and grade, which conflict with the Work, shall be relocated by
37 others at no expense to the Contractor,unless indicated otherwise on the Drawings.
I 38
39 For utilities not shown on the Drawings and which are in direct conflict with the Work, the Contractor
40 shall notify the Engineer of the conflict. When directed, the Contractor shall perform the Work. The
I 41 Contractor shall be entitled to payment for any extra work in accordance with the General Conditions.
42
43 Utility removal. Before the Contractor begins Work, he shall confer with the owners of any underground
44 or overhead utilities which may be on or in close proximity to the Work areas and shall arrange for the
Ias necessary disconnection of the utilities in accordance with the utility company regulations. The utility
46 company or owner of the utility shall perform the work of removing, repairing, reconditioning, or revising
47 the utility unless otherwise specified or indicated on the Drawings. The Contractor shall cooperate with
48 the utility companies so that Work can be expedited to the best interests of all concerned.
S.P. -6 SECTION 2100-SITE PREPARATION 1
EGA081 044
I
iers, in
addition to five copies to be retained by the ENGINEER. SHOP DRAWINGS and/or certifications ,
shall be provided as requested under the Special Provisions.
S.P. -5 GENERAL REQUIREMENTS
EGA 081044
2
itigation as is necessary to protect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
2 PAVEMENT REMOVAL
3
4 Remove pavement to the nearest joint. No undercutting will be permitted. Cut pavement and drives with
5 a diamond tipped saw blade full depth.
6
7 ACCESS TO STREETS AND HIGHWAYS
8
9 Contractor shall maintain a suitable means of access for all traffic using streets and highways involved in
10 construction, except as specifically permitted otherwise by the Owner and responsible governmental
11 agencies. Notify Owner twenty-four(24)hours in advance of any street closure.
12
13 Whenever construction is stopped due to inclement weather, on weekends and holidays, or for other
14 reasons, suitable access shall be provided for all property owners.
15
16 DISRUPTION OF UTILITY SERVICE
17
18 Contractor shall maintain utility service to all property owners or customers of utilities throughout the
19 construction period unless repairs or improvements are authorized. In the event of repairs,replacements or
20 improvements to utility service lines, the Contractor shall give the property owner or customer 24-hour '
21 notice of the upcoming disruption. Disruption of service shall be for as brief a period as possible so as not
22 to cause undue inconvenience to the affected property owner or customer.
23
24 DEBRIS REMOVAL
25
26 Contractor shall clear the site of all miscellaneous loose trash, rubbish and debris, regardless of type or
27 nature.
28
29 DISPOSAL OF DEBRIS AND REFUSE
30
31 Contractor shall dispose of surface materials, construction debris and trees in accordance with local
32 ordinances and at a site approved by the Owner. Burning of refuse will not be permitted.
33
34 END OF SECTION
1
1
i
S.P.-6 SECTION 2100-SITE PREPARATION 2
EGA081044
1
the Work, the Contractor
40 shall notify the Engineer of the conflict. When directed, the Contractor shall perform the Work. The
I 41 Contractor shall be entitled to payment for any extra work in accordance with the General Conditions.
42
43 Utility removal. Before the Contractor begins Work, he shall confer with the owners of any underground
44 or overhead utilities which may be on or in close proximity to the Work areas and shall arrange for the
Ias necessary disconnection of the utilities in accordance with the utility company regulations. The utility
46 company or owner of the utility shall perform the work of removing, repairing, reconditioning, or revising
47 the utility unless otherwise specified or indicated on the Drawings. The Contractor shall cooperate with
48 the utility companies so that Work can be expedited to the best interests of all concerned.
S.P. -6 SECTION 2100-SITE PREPARATION 1
EGA081 044
I
iers, in
addition to five copies to be retained by the ENGINEER. SHOP DRAWINGS and/or certifications ,
shall be provided as requested under the Special Provisions.
S.P. -5 GENERAL REQUIREMENTS
EGA 081044
2
itigation as is necessary to protect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
EARTHWORK
1. CLEARING AND GRUBBING
a. DESCRIPTION: This item shall consist of clearing and grubbing, including the
disposal of materials, for all areas within the construction limits designated on the
plans or as required by the ENGINEER.
Clearing and grubbing shall consist of clearing the surface of the ground of the
designated areas of all trees less than 9 inches in diameter, stumps, down timber,
logs, snags, brush, undergrowth, hedges, heavy growth of grass or weeds, fences,
structures, culverts, flumes, debris, rubbish of any nature, natural obstructions or
such material which in the opinion of the ENGINEER is unsuitable for the foundation
of embankments, pavement or other required structures, including the grubbing of
stumps, roots, matted roots, foundations, and the disposal from the project of all
spoil materials resulting from the clearing and grubbing by burning or otherwise.
b. GENERAL CONSTRUCTION METHODS:
1. The areas within the construction limits denoted on the PLANS to be cleared
and grubbed under this item shall be staked on the ground by the
ENGINEER. The clearing and grubbing shall be done at a satisfactory
distance in advance of the grading operations.
2. All debris and spoil materials removed by clearing and grubbing shall be
disposed of by removal to approved off-site disposal areas.
3. When approved by the ENGINEER, waste concrete and masonry may be
placed as erosion protection. Any broken concrete or masonry which cannot
be used in construction and all other materials not considered suitable for
use elsewhere, shall be disposed of by the CONTRACTOR off the project
I site.
4. The removal of existing utilities required to permit orderly progress of work
shall be accomplished by local agencies, unless otherwise shown on the
PLANS. Whenever a telephone or telegraph pole, pipeline,conduit, sewer,
roadway, or other utility is encountered and must be removed or relocated,
the CONTRACTOR shall notify the proper local authority or owner and
attempt to secure prompt action.
c. CLEARING AND GRUBBING:
1. In areas designated to be cleared and grubbed, all trees, stumps, roots,
buried logs, brush, grass, and other unsatisfactory materials shall be
removed. Tap roots and other projections over 1-1/2 inches in diameter shall
be grubbed out to a depth of at least 18 inches below the finished subgrade
or slope elevation.
2. Any buildings and miscellaneous structures in the area designated for
clearing and grubbing shall be demolished or removed, and all materials
there from shall be disposed of by the CONTRACTOR off the project site.
S.P. 7 EARTHWORK
EGA 081044
1
ited to the best interests of all concerned.
S.P. -6 SECTION 2100-SITE PREPARATION 1
EGA081 044
I
iers, in
addition to five copies to be retained by the ENGINEER. SHOP DRAWINGS and/or certifications ,
shall be provided as requested under the Special Provisions.
S.P. -5 GENERAL REQUIREMENTS
EGA 081044
2
itigation as is necessary to protect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
The remaining or existing foundations, wells, cesspools, and all like
structures shall be destroyed by breaking out or breaking down the materials
of which the foundations,wells,cesspools,etc.,are built to a depth at least 2
feet below the existing surrounding ground. Any broken concrete, blocks,or
other objectionable material which cannot be used in backfill shall be
removed and disposed of by the CONTRACTOR off the project site. The
holes or openings shall be backfilled with acceptable material and properly �.
compacted.
3. All holes remaining after the grubbing operation in embankment areas shall
have the sides broken down to flatten out the slopes, and shall be filled with
acceptable material, moistened and properly compacted in layers to the
density required. The same construction procedure shall be applied to all
holes remaining after grubbing in excavation areas where the depth of holes
exceeds the depth of the proposed excavation.
4. Trees to remain will be designated in the field by the ENGINEER. I
Designated trees will not be removed and shall be protected from damage.
5. MEASUREMENT AND PAYMENT: Clearing and grubbing shall be paid for111
at the contract lump sum price. This price shall be full compensation for
furnishing all materials and for all labor, equipment, tools, and incidentals
necessary to complete this item. 1
2. SITE PREPARATION
a. SCOPE OF WORK: Site preparation work shall consist of all clearing and grubbing, I
preparation of land to be filled by scarifying, and all work necessary to prepare the
site for grading and earthwork operations to conform with the lines, grades, and
slopes as shown on the PLANS and as directed by the ENGINEER.
b. GENERAL CLEARING AND GRUBBING: General clearing and grubbing shall be in
accordance with Section 1 (above).
3. SITE GRADING AND EARTHWORK
a. DESCRIPTIONS: The Specification covers the excavation, hauling, disposal,
placement, and compaction of all material required for site grading.
b. DEFINITIONS:
1. Suitable Materials. Suitable materials for backfill or embankment shall
include material that are free of debris, roots, organic or frozen material,
stones having a maximum dimension less than 3 inches. Any off-site borrow
material shall be defined as clean, inorganic silt or clean clay with a liquid
limit less than 45 and a plasticity index less than 25. 111
2. Unsuitable Materials. Unsuitable materials shall include all materials that
contain debris, roots,organic or frozen materials,stones having a maximum
dimension larger than 3 inches, or any other materials determined by the
SOILS ENGINEER to be unsuitable for providing a stable slope,
S.P. -7 EARTHWORK I
EGA 081044
2 I
1
d by the ENGINEER. SHOP DRAWINGS and/or certifications ,
shall be provided as requested under the Special Provisions.
S.P. -5 GENERAL REQUIREMENTS
EGA 081044
2
itigation as is necessary to protect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1
iembankment, backfill, or subgrade. Otherwise suitable material which is
unsuitable due to excess moisture content will not be classified as unsuitable
I
material unless it cannot be dried by manipulation,aeration,or blending with
other materials satisfactorily as determined by the SOILS ENGINEER. See
the GEOTECHNIAL report for a complete list of requirements for fill
1 materials.
c. GENERAL CONSTRUCTION METHODS:
1 1. Before beginning grading operations,the CONTRACTOR shall prepare the
site as specified in the Site Preparation and Clearing and Grubbing.
2. Grading operations shall be suspended any time that satisfactory results
cannot be obtained because of rain,frozen material, or other unsatisfactory
conditions.
I3. The CONTRACTOR shall control grading operations such that the site shall
be well-drained at all times. When necessary,temporary drains and ditches
I shall be constructed to intercept or divert surface drainage which may affect
the work.
d. EXCAVATION:
1. No excavation shall be started until grading stakes have been set by the
ENGINEER.
I
2. All suitable excavated materials shall be used in the formation of
embankments. If the volume of excavation exceeds the amount
required for construction of embankment,the excess material shall be
hauled off-site to an approved location.
3. All unsuitable materials shall be excavated to the depth designated by the
SOILS ENGINEER. Unsuitable materials shall be disposed of, by the
CONTRACTOR, off-site as direct by the ENGINEER. The excavated area
I shall be refilled with suitable material, obtained from the grading operations
or haul-in, and thoroughly compacted by rolling. The necessary refilling will
constitute a part of the embankment.
Ie. EMBANKMENT:
I 1. Embankments shall be formed using suitable excavated materials, or
approved off-site borrow materials only. The suitability of material for use in
embankment shall be subject to the approval of the SOILS ENGINEER.
2. On all areas to accept fill or where an embankment is to be constructed, all
I sod and vegetable matter and topsoil shall be removed from the surface
upon which the embankment is to be placed, and the cleared surface shall
I be completely broken up by plowing or scarifying to a depth of 8 to 12 inches.
This area shall then be compacted as indicated below. Where
embankments are to be placed on slopes steeper than 5 to 1,the slope shall
I be stepped to a vertical depth of at least 12 inches. No additional payment
S.P. -7 EARTHWORK
EGA 081044
I 3
etermined by the
SOILS ENGINEER to be unsuitable for providing a stable slope,
S.P. -7 EARTHWORK I
EGA 081044
2 I
1
d by the ENGINEER. SHOP DRAWINGS and/or certifications ,
shall be provided as requested under the Special Provisions.
S.P. -5 GENERAL REQUIREMENTS
EGA 081044
2
itigation as is necessary to protect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
shall be made for the scarifying operations as described above but 1
considered incidental to the embankment construction pay items.
3. Embankments shall be formed in successive horizontal layers of not more I
than 8 inches in loose depth for the full width of the cross section.
Placement of embankments shall begin in the deepest portion of the fill; as
placement progresses,layers shall be constructed approximately parallel to
the finished grade line.
4. After each layer has been placed, mixed, and spread evenly, it shall be
thoroughly compacted to meet the requirements specified below.
Compaction shall be by means of sheep's foot rollers, multiple-wheel,
pneumatic-tired rollers, or other types of rollers. Rollers shall be of such
design that they will be able to compact the fill to the specified density.
Roiling shall be accomplished while the fill material is at the specified
moisture content. Rolling of each layer shall be continuous over its entire
area, and the roller shall make sufficient trips to insure that the desired
density has been obtained.
5. No layer shall be covered until the previous layer has been approved. 1
6. No fill material shall be placed, spread, or rolled while it is frozen or thawing
or during unfavorable weather conditions. When the work is interrupted by
heavy rain, fill operations shall not be resumed until field tests by the SOILS
ENGINEER indicate that the moisture content and density of the fill are
satisfactory. I
7. The majority of the on-site soils are generally expected to meet the plasticity
criteria recommended for structural fill. However,moderate to high-plasticity
zones could be encountered. The proposed fill soils should be anticipated to
require some moisture adjustment prior to compaction, particularly for the
wetter material that may be present in ditch bottoms or other poorly drained
areas. I
8. Embankment,as described herein,shall not be paid for as a separate item,it
shall be included in the cost of related items. I
f. REMOVAL OF EXISTING FOUNDATIONS
1. All existing foundations that need to be removed to complete the earthwork I
excavation or embankment shall be removed to a depth designated by the
SOILS ENGINEER. I
2. All excavated foundation material shall be disposed of off site in a manner
congruent with the City of Omaha regulations.
g. COMPACTION AND MOISTURE REQUIREMENTS: 1
1. All layers of embankment shall be compacted at a moisture content from 3%
below to 4% above the optimum moisture content. Cohesive structural fill
placed in the upper 12 inches of pavement subgrades should be compacted
S.P. -7 EARTHWORK I
EGA 081044
4
2 I
1
d by the ENGINEER. SHOP DRAWINGS and/or certifications ,
shall be provided as requested under the Special Provisions.
S.P. -5 GENERAL REQUIREMENTS
EGA 081044
2
itigation as is necessary to protect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
I.
1
SECTION 3 CLAUSE
IAll Section 3 covered contracts shall include the following clause (referred to as the Section 3
clause): .
IA. The work to be performed under this contract is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u
(Section 3). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by Section
3 shall, to the greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,
111 which implement Section 3.. As evidenced by their execution of this contract, the parties
to this contract certify that they are under no contractual or other impediment that would
. , . prevent them from complying with the part 135 regulations.
I
C. The contractor agrees to send to each labor organization or representative o f workers with
which the contractor has a collective bargaining agreemeni. or other understanding, if any,
IIIa notice advising the labor organization or workers' representative of the contractor's
commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and
IIemployment positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number and job t.itles.subject to hire, availability of
I apprenticeship and training positions., the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions.; and the anticipated
date the work shall begin.
1 D. The contractor agrees to :include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
I finding that the subcontractor is in violation of the regulations in 24 CFR part 135.. The
contractor will no6t subcontract with any subcontractor where the contractor has notice or
I knowledge that the subcontractor has been found in violation of the regulations in 24
CFR part 135. ..
IE. The contractor will certify that any vacant employment positions, including training'
positions, that are filled (1) after the contractor is selected but before the contract is
executed,.and (2) with persons other than those to whom the regulations off24 CFR part
11 1.35 require employment opportunities to be directed. were not filled to circumvent the
contractor's Obligations under 24 CFR part 135.
IF. l'loncornpLiance with. HUD'ss regulations in 24 CFR p art 135 may result i.ii 'iafii;ti43(ZS.,
termination of this cc:ntract for default, and d;harnaenr .Ji` 3u . cnsion from tiltum HTJD-
I :ass?3ted contracts: -
tect the I
interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving
federal assistance, the contractor or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
I
G. With respect to work performed in connection with Section 3 covered Indian housing
assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section
7(b) requires that. to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the provisions of
Section 8 and Section 7(b) agree• to comply with Section 3 to the maximum extent
feasible, but not in derogation of compliance with Section 87 (b).
Providing Other Economic Opportunities. I
(a) General. In accordance with the findings of the Congress, as stated in Section 3,-
that other economic opportunities offer an effective means of empowering low-
income persons, a recipient is encouraged to undertake efforts to provide to low-
income persons economic opportunities other than training, employment and
contract awards, in connection with Section 3 covered assistance. I
(b) Other training and employment-related opportunities. Other economic opportunities
to train and employ Section 3 residents include, but need not be limited to, use of
:'upward mobility", "bridge" and trainee positions to fill vacancies; and. hiring
Section 3 residents in part-time positions.
(c) Other business-related economic opportunities: (I) A recipient or contractor may
provide economic opportunities to establish, stabilize or expand Section .3 business
concerns, including micro-enterprises, Such opportunities include, but are not
limited to formation of Section 3 joint ventures, financial support for affiliating with.
franchise development, use of labor only contracts for building trades, purchase of
supplies and materials from housing authority resident-owned businesses, purchase
of materials and supplies from pl.L resident-owned businesses and use of
procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned
businesses. A recipient or contractor may employ these methods directly or may
provide incentives to non-Section 3 businesses to utilize such methods to provide
other economic opportunities to low-income persons., (2) A Section 3 joint venture 1
means an association of business concerns, one of which qualifies as a Section 3
business concern, foinied by written joint venture agreement to engage in and carry
out a specific business venture for which purpose the business concerns combine
their efforts, resources and skills for joint profit, but not necessarily on a continuing
or permanent basis for conducting business generally, and for which the Section 3
business concbrn: I
(1) Es responsible for a clearly defined. portion. of the work to be performed and
holds management responsibilities in.the :t venture. d
Performs at least 2 5 percentc f r1 ie work and is. contractually entitled to
compensation proportionate to-its work.
or or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
to at least 90 percent of the material's maximum modified Proctor dry density
(ASTM D-698). Compaction could be reduced to 95% for cohesive fill or
backfill that is greater than 12 inches below the design soil subgrade
elevation under pavements. See Geotechnical Report for specific
compaction and soil moisture requirements.
2. Maximum dry density and optimum moisture content shall be determined in
accordance with ASTM D 698 (Standard Proctor).
3. When material varies from the specified moisture content limits, it shall be
treated as follows: When too wet, it shall be drained or worked until
allowable moisture content is attained; when too dry it shall be watered.
h. FINISH GRADING: All disturbed areas,including all excavations and embankments,
shall be shaped to the lines and grades shown on the PLANS with smooth and
uniform transitions.
i. TOLERANCES: In all areas,the finished surface shall be of such smoothness that it
will not vary more than 0.20 foot from true grade as established by grade stakes.
Any deviation in excess of this amount shall be corrected by loosening, adding or
removing materials, and reshaping.
j. SETTLEMENT: A delay shall be allowed between the completion of grading and the
beginning of the paving operations to allow for primary consolidation has been
complete. See Geotechnical Report for complete instructions on consolidation.
k. MEASUREMENT AND PAYMENT:
1. Earthwork(Excavation). Common earth excavation shall be measured and
paid for by the cubic yard, as measured in cut. The contract quantity was
determined by comparing the proposed contours to the existing contours and
shall be considered as an established quantity. If adjustments to the grades
shown on the PLAN are made, corresponding adjustments in the quantity
shall also be made. These adjustments shall be determined using new
proposed contours prepared by the ENGINEER. Adjustments in the
established quantity will be prepared by the ENGINEER. Adjustments in the
established quantity will be based on the difference between the proposed
contours on the PLANS and the new proposed contours. All volume
computations will be available for review by the CONTRACTOR at the office
of the ENGINEER. Payment shall be made at the contract unit price per
cubic yard for "EARTHWORK (EXCAVATION)" and shall be full
compensation for all labor, materials, and equipment necessary for
excavating, hauling, spreading, and compacting materials as required to
complete the project in accordance with these specifications. See
Geotechnical Report for specific compaction and soil moisture
requirements.
2. Earthwork(Unsuitable Material Excavation). Unsuitable material excavation
shall be measured and paid for by the cubic yard in its original position. The
quantity shall be computed using cross sections taken before and after
removal of the material or by other measurements of the area of excavation
S.P. -7 EARTHWORK
EGA 081044
I 5
holds management responsibilities in.the :t venture. d
Performs at least 2 5 percentc f r1 ie work and is. contractually entitled to
compensation proportionate to-its work.
or or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1
made by the ENGINEER. Materials which are disposed of off the project site
shall be paid for as "EARTHWORK (UNSUITABLE EXCAVATION)".
Payment shall be made at the contract unit price per cubic yard and shall be
full compensation for furnishing all labor, materials, and equipment
necessary for excavating, hauling and off-site disposal, importing
replacement fill, spreading, compacting and incidentals as required to
complete this item as described above or as directed by the ENGINEER. 1
3. Earthwork (Import). Imported earthwork shall be measured and paid for in
cubic yards as measured in fill quantity. This consists of the entire quantity
of material needed to bring the site to final grade elevation, minus any
material excavated from the site that is deemed suitable to be used as
structural fill by the geotechnical engineer. A compaction factor of 1.4 has
been included in the fill quantity for this project. Payment shall be made at
the contract unit price per cubic yard for"EARTHWORK(IMPORT)"and shall
be full compensation for all labor, materials, and equipment necessary for
hauling, spreading, and compacting materials as required to complete the
project in accordance with these specifications.
4. Remove Existing Foundation. Existing foundation removal shall be111
measured and paid for in cubic yards in its original position. The quantity
shall be computed using cross sections taken before and after removal of the
material or by other measurements of the area of excavation made by the
ENGINEER. Materials which are disposed of off the project site shall be paid
for as"REMOVE EXISTING FOUNDATION". Payment shall be made at the
contract unit price per cubic yard and shall be full compensation for
furnishing all labor, materials, and equipment necessary for excavating,
hauling and off-site disposal, importing fill,spreading,compacting materials
and incidentals as required to complete this item as described above or as
directed by the ENGINEER.
- END OF SECTION -
I
I
I
I
S.P. -7 EARTHWORK 111
EGA 081044
6
Payment shall be made at the contract unit price per
cubic yard for "EARTHWORK (EXCAVATION)" and shall be full
compensation for all labor, materials, and equipment necessary for
excavating, hauling, spreading, and compacting materials as required to
complete the project in accordance with these specifications. See
Geotechnical Report for specific compaction and soil moisture
requirements.
2. Earthwork(Unsuitable Material Excavation). Unsuitable material excavation
shall be measured and paid for by the cubic yard in its original position. The
quantity shall be computed using cross sections taken before and after
removal of the material or by other measurements of the area of excavation
S.P. -7 EARTHWORK
EGA 081044
I 5
holds management responsibilities in.the :t venture. d
Performs at least 2 5 percentc f r1 ie work and is. contractually entitled to
compensation proportionate to-its work.
or or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1 '
NPDES CERTIFICATION STATEMENT
II certify under penalty of law that I understand the terms and conditions of the general National
Pollutant Discharge Elimination System(NPDES)permit that authorizes the storm water discharges
associated with industrial activity from the construction site as part of this certification. Further,by
Imy signature, I understand that I am becoming a co-permittee, along with the owner(s) and other
contractors and subcontractors signing such certifications, to the Nebraska Department of
Environmental Quality NPDES General Permit NERI 10918 for"Notice of Intent(NOI)Requesting
IDischarge Authorization for Storm Water from Construction Sites" at the identified site. As a co-
permittee, I understand that I, and my company, are legally required under the Clean Water Act and
I the Code of Nebraska,to ensure compliance with the terms and conditions of the storm water pollution
prevention plan developed under this NPDES permit and the terms of this NPDES permit.
I Project Name: Ck13 PG _, Ovek* qrad i a ` * I V
N 1-
I Project Address: �I(_► 1� `�(� �C,I
C111144. ,
Dated this aOk day of AtIA3 , 20 og .
I ,6,(,,..,,_
(Authorized Sig re and Title)
aS i CLu'flQfl , ? cbft
(Print or ype)
1p1nAci-OftTr__-
(Company Name)
I ZNo. i *: E or IL flL
ktOca_
a
(Address)
1
(qo) 3ii -Q3i1
I (Telephone Number)
I
I
I
W:/FORMS/N PDES/NEBRASKA/CERTIFICATION
I
ials which are disposed of off the project site shall be paid
for as"REMOVE EXISTING FOUNDATION". Payment shall be made at the
contract unit price per cubic yard and shall be full compensation for
furnishing all labor, materials, and equipment necessary for excavating,
hauling and off-site disposal, importing fill,spreading,compacting materials
and incidentals as required to complete this item as described above or as
directed by the ENGINEER.
- END OF SECTION -
I
I
I
I
S.P. -7 EARTHWORK 111
EGA 081044
6
Payment shall be made at the contract unit price per
cubic yard for "EARTHWORK (EXCAVATION)" and shall be full
compensation for all labor, materials, and equipment necessary for
excavating, hauling, spreading, and compacting materials as required to
complete the project in accordance with these specifications. See
Geotechnical Report for specific compaction and soil moisture
requirements.
2. Earthwork(Unsuitable Material Excavation). Unsuitable material excavation
shall be measured and paid for by the cubic yard in its original position. The
quantity shall be computed using cross sections taken before and after
removal of the material or by other measurements of the area of excavation
S.P. -7 EARTHWORK
EGA 081044
I 5
holds management responsibilities in.the :t venture. d
Performs at least 2 5 percentc f r1 ie work and is. contractually entitled to
compensation proportionate to-its work.
or or the city may request the United States to enter into such litigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
I '
I I
ICIRCULAR NO,A-119 EXHIBIT
Revised
ITO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBIEC i: Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
I
Education,Hospitals,and Other Non-prO t Organizations
Ii. Purpose. This Circular sets forth standards for obtaining consistency and uniformity among :...
Federal agencies in the administration of grants to and agreements with institutions of higher
education, hospitals,and other non-profit organizations.
I 1 Authority. Circular.A-i 10 is issued under the authority of 31 USC 503 (the Chief Financial
'Officers Act), 31 USC 1111, 41 USC 405 (.the Office of Federal Procurement Policy Act),
Reorganization Plan No. 2 of .1970, and EU 11541 ("Prescribing the Duties of the Office of
I iti anagernent and Budget and the Domestic .Policy Council in the Executive Office of the-
President").
3. Policy. Except as provided herein., the standards set forth in this Circular are applicable to ail
Federal agencies. If any statute specifically prescribes policies or specific requirements that
differ from the standards provided herein, 'the pro-visions of the statute shall govern.
IThe provisions of the sections of this Circular shalt be applied by Federal agencies to recipients. Recipients
shall_ apply the provisions of this Circular to sub-recipients performing substantive work. under grants and
agreements that are passed through or awarded by the primary recipient, if such sub-recipients are organizations
described in Paragraph I.
IThis Circular does not apply to grants, contracts, or other agreements between the Federal
Government and units of State or local governments covered by OMB Circular A-102, "Gra;iL
and Cooperative ,4greements with State and Local .Governments"°, and the Federal agencies"
Igrants management common rule which standardized and codified the administrative
requirements Federal agencies impose on State and local grantees. In addition, sub-awards and
contracts to State or local governments are dot covered by this Circular. However, -this'Circular
Iapplies to sub-awards made by State and local governments tO org,anilzations .covered by this
Circular. Federal agencies may apply the provisions of this Circular to commercial
organizations, foreign governments,organizations under the jurisdiction of foreign governments,
and international organizations.
I4. Definitions:. Definitions of key terms used in this Circular are contained in Section .2 in
the Attachment.
5. Required Action. The specific requirements and responsibilities of Federal agencies and
I institutions of higher education, hospitals, and other non-profit organizations are set forth in
this Circular. Federal agencies responsible for awarding and administering grants t o and
other agreements with organizations described in Paragzaph .1 shall adopt the language in the
ICircular unless different provisions are required by Federal statute or are approved bl OMB.
6. -OMB Responsibilities. OMB will review agency regulations and implementation ,3f this
Circular, and ,.will provide interpret:at2ons of policy requirements and assistance to insure
Ieffective and efficient implementation,. Any exceptions will be subject to approval by 0 B,
as indicated in Section .} _ 4. in the Attachment Exceptions will only be made in particular`�ses where ad't;illi atei}usti fieatk m. is.presented.
itigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
i
Grants and Agreements with Institutions of Higher Education,
Hospitals,and Other Non-Profit Organizations
SUBPART A -GENERAL
Sec.
.1 Purpose,
.2 Definitions.
.3 Effect on other issuances.
.4 Deviations.
.5 Sub-awards.
SUBPART B-PRE-AWARD REQUIREMENTS
.1G Purpose.
.I I Pre-awardpolicies.
.12 Forms for applying for Federal assistance,
.13 Debarment and suspension.
.14 Special award conditions.
.1.5 Metric system of measurement.
16 Resource Conservation and Recovery Act,
.17 Certifications and representations..
SUBPART C -POST-AWARD REQUIREMENTS
Finantial and Program Management
.20 Purpose of financial and program management.
.21 Standards for financial management systems.
.22 Payment.
.23 Cost sharing or matching.
24 Program income.
.25 Revision of budget and orogram plans.
.26 Non-Federal audits,
.27 Allowable costs.
.28 Period of availability of funds.
.29 Conditional exemptions.
Property Standards
1
.30 Purpose of property standards.
,:31 Insurance coverage.
.32 Real property.
33 Federally-owned and exti.i,ot property.
.34 Equipment.
Supplies and.other expendable oropertv,
.3.6 intangible property.
_ ,37 Property trust net o.
recipients performing substantive work. under grants and
agreements that are passed through or awarded by the primary recipient, if such sub-recipients are organizations
described in Paragraph I.
IThis Circular does not apply to grants, contracts, or other agreements between the Federal
Government and units of State or local governments covered by OMB Circular A-102, "Gra;iL
and Cooperative ,4greements with State and Local .Governments"°, and the Federal agencies"
Igrants management common rule which standardized and codified the administrative
requirements Federal agencies impose on State and local grantees. In addition, sub-awards and
contracts to State or local governments are dot covered by this Circular. However, -this'Circular
Iapplies to sub-awards made by State and local governments tO org,anilzations .covered by this
Circular. Federal agencies may apply the provisions of this Circular to commercial
organizations, foreign governments,organizations under the jurisdiction of foreign governments,
and international organizations.
I4. Definitions:. Definitions of key terms used in this Circular are contained in Section .2 in
the Attachment.
5. Required Action. The specific requirements and responsibilities of Federal agencies and
I institutions of higher education, hospitals, and other non-profit organizations are set forth in
this Circular. Federal agencies responsible for awarding and administering grants t o and
other agreements with organizations described in Paragzaph .1 shall adopt the language in the
ICircular unless different provisions are required by Federal statute or are approved bl OMB.
6. -OMB Responsibilities. OMB will review agency regulations and implementation ,3f this
Circular, and ,.will provide interpret:at2ons of policy requirements and assistance to insure
Ieffective and efficient implementation,. Any exceptions will be subject to approval by 0 B,
as indicated in Section .} _ 4. in the Attachment Exceptions will only be made in particular`�ses where ad't;illi atei}usti fieatk m. is.presented.
itigation to
protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
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00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
(.1) earnings during a given period from
(i) services performed by the recipient, and
(ii) goods andother tangible property delivered to purchasers,and
(2) amounts becoming owed to the recipient for which no current services,or performance is required
lay the recipient.
(c) Acquisition cost of equipment means the net invoice price of the equipment,
including the cost of modifications, attachments; accessories, or auxiliary apparatus
necessary to make the property usable for the purpose for which it was acquired.
Other charges, such as the cost of installation, transportation, taxes, duty or protective
in-transit insurance, shall be included or excluded the ire unit acquisition cost in
accordance with the recipient's regular accounting practices.
(d) Advance means a payment made by Treasury check or other appropriate payment
mechanism to a recipient upon its request either before outlays are made by the
' recipient or through the use of predetermined payment schedules.
(e) Award -means financial assistance that provides support or stimulation to accomplish
a public purpose. Aw:ards include grants and other agreements in the form of money
or property in lieu of money, by the Federal Government to an eligible recipient. Tlae
term does not include: technical assistance, which provides services instead of
money; other assistance in the form of loans, loan guarantees, interest subsidies, or
insurance; direct payments of any kind to iindividuals; and, contracts which are
required to be entered into and administered under procurement laws and reulations.
(t) Cash contributions means the recipient's cash outlay, including the outlay of money
contributed to the recipient by third parties,
(g) Closeout means the process by which a Federal awarding agency determines that all
applicable administrative actions and all required work of the award have been
completed by the recipient and Federal awarding agency.
(h) 'Contract means a procurement contract under an award or sub-.award, and a
procurement subcontract under a recipients or sub-recipient's contract.
{i) Cost sharing or mate.M' a means that portion of project or program costs not borne
by the Federal Go v.ernnenit.
(j) Date of completion means the date on which all work under an award is completed
or the date on the award document, or any supplement or amendment thereto, on
which Federal sponsorship ends.
('k) Disallowed costs means those charges to an award that the Federal awarding agency
determines to be unallowable,,.in accordance With the applicable Federal cost
principles or other terms and conditions contained in the award..
(i) Equipment means tangible non-expendable personal property including exempt
property charged directly to the award having a useful life of more than one year and
an acquisition cost.of$5000 or more per unit. However, consistent with recipient
policy, tower limits may be established.
fart)Excess property means property under the control of any Federal awarding agency
that, as determined by the head ,thereof, is no longer required COr its needs or the
:discharge ot its resporsibi1iti.es
(n) E:xer pt property :means tangible personal property _acetaired in whole or in part with
Federal Inds, where the Federal'awarding agency has, statutory authority to vest.title
�s the recipient without further obligation,to tle Federal Government. An example of
exempt property authority is contained in the Federai Grant and Cooperative
uired by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall be filed with the contract compliance
officer. Compliance reports filed at such times as directed shall contain information as to the employment
practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
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00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
I
I•
I
•
•
regulations or the terms and conditions of the award, program income does not
include the receipt of principal on loans, rebates, credits, discounts, etc., or interest I
earned on any of them.
(y) Project costs means. all allowablecosts, as set forth in the applicable Federal cost
principles, incurred by a recipient and the value of the contributions made by third
111
parties in accomplishing the objectives of the award during the project period.
(z) Project period means the period established in the award document during which
Federal sponsorship begins and ends.
(aa) Property means, unless otherwise stated, real property, equipment,. intangible
property and debt instruments.
(bb) Real property means land, including land improvements, strictures and
appurtenances thereto, but excludes movable machinery and equipment.
(cc) Recipient means an organization receiving financial assistance directly from
Federal awarding agencies to carry out a .project or program. The term includes
public and private institutions of higher education, public and private hospitals, and
other quasi-public and private non-ptoft organizations such as, but not limited lo,
community action agencies, research institutes, educational associations, and health
centers, The tem! May include commercial organizations, foreign or international
organizations (such as agencies of the United Nations). which are recipients, sub-
recipients, or contractors or subcontractors of recipients or sub-recipients at the
discretion of the Federal awarding agency. The term does not include government-
owned contractor-operated facilities or research centers providing continued support
for mission-oriented, large-scale programs that are go vernment-owned or controlled,
or are designated as federally-funded research and development centers.
(dd). Research and d•ev.eiopmemt means ail research activities, both basic and applied,
and all deveiopn ent activities that are .supported at universities, colleges, and other
non-profit institutions. "Research" is defined as a systematic study directed toward
fuller scientific knowledge Or understanding of the subject studied. 14.)ev'e?opmei t" Is
the systematic use of knowledge and understanding gained from research. directed
toward the production of useful materials, devices, systems, or methods, including
design and development of prototypes and processes. The teu n research also includes
activities involving the training of individuals in research techniques s There such
activities utilize the same facilities .as:other research and development activities and
where such activities are not included in the instruction funetion. 1
(ee) Small awards means:a gr'ant:sbr cooperative-agreement not exceeding the small
purchase threshold fixed at 41 USC 40301) (currently$25,000).
(ff)Sub-award means an award of financial assistance in the form of'money7 or property
in lieu of money;made under an award by a recipient to an eligible sub-recipient or
by a sub-recipient to a.lower tier sub-recipient.. The term includes financial assistance
when provided by arty legal agreement, even if the agree gent is.called a contract,.'but
does not include procurement of goods and services nor does it include any form of
assistance which is excluded from the defrlition of'r 13 E t° in Parag aoh'(e).
(gg'). S u'b- wcip'ie;at means the legal entity to 'vhi 5 a sutb-award s m de•and w,4C(licll is • I
. C.`01t:11t4bl •to the recipient for•the use of -the fiands pros-4:1. The to •['u may include
kvrci.gn or international •organizaxzions (such as agencies of he Unit al it ohs). at the
�:l`!S re%"l:t of;he.Federal w Tri i ., agency.
clude the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
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00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
I
I
Other non-profit organizations.. State and local government sub-recipients are subject to
the provisions of regulations implementing the grants management. common rule,
"Uniform Administrative Requirements for. Grants and Cooperative Agreements. to State
and Local governments",published at 53 FR 8034(3/11/88),
SUBPART.8-Pre-Award Requirements
I .10 Purpose. Sections .11 through .17 prescribes forms and instructions and other.pre-award matters to
be used in applying for Federal awards.
.11 Pre-award policies.
a) Use of Grants and Cooperative Agreements, andContracts. in each instance, the Federal awarding
agency shall decide on the appropriate award instrument (i.e., grant, cooperative agreement, or
contract). The Federal Grant and Cooperative Agreement Act (31 USC 630.1-08) governs the use of
grants, cooperative agreements and contracts. A grant or cooperative agreement shall be used only
when the principal purpose of a transaction is to accomplish a public purpose of support or stimulation
authorized by Federal statute. - The statutory criterion for choosing between grants and cooperative
agreements is that for the latter, "substantial invol vement is expected between the executive agency and
the State; local government, or other recipient when carrying out the activity contemplated in tht
agreement". Contracts shall be used when the principal purpose is acquisition of property or services
for the direct benefit or use of the Federal-Government_
(b) Public Notice and Priority Sett-ai . Federai awarding agencies shall notify the public of its intended.
' funding priorities for discretionary grant programs, unless fording priorities are established by Federal
statute.
.12 Forms for.app lying for Federal assistance.
(a) Federal awarding agencies shall comply with die applicable report clearance requirements of 5 CFR
part 1320, "Controlling Paperwork Burdens on the Public", with regard to all forms used by the
Federal awarding agency in place of or as a supplement to the Standard Form 424(SF-42.4)series.
(b) Applicants shall use the SF-424 series or those forms and instructions prescribed by
the Federal awarding agency.
c y.
l.c) For Federal programs covered by EO l23 7'2, '°1nie.rgt yernrnenGca, Review of Fede:r%2I
Programs", the. applicant shall complete the appropriate sections V 1. the SF-42.4
(Application for Federal Assistance) indicating whether the application was subject to
review by the State Single Point of Contact (:SPOC). The name and. address of the
SPOC for a particular State can be obtained from the Federal awarding agency or the
CatalOg :of Federal Domestic Assistance, The SPOC shall advise the applicant
whether the program for which application is made has been selected by that State for
I review,
(,'d) Federal awarding agencies that do,not use the SF-424 form should indicate whether
the application is subject to revie 'by the State under EO 12372.
.13 Debarment and suspension. Federal awarding agencies and recipients shall comply with
the non-procurement debarment and suspension common rule implementing E0's 1-2549
and 12689;. "Debarment and Suspension"-. This common:.rule 'restricts sub-awards and
contracts with certain pa ties that are debarred, suspended or otherwise excluded from or
ineligible for participation in Federal assistance programs.or activities.
Special award conditions, if art applicant or recipient;
.- (a) has a history of poor perfoi€€ance,
(1)j is not financially stable,,
c1 has a management system the does not meet the standards prescribed in this Circular;
Ihas not conformed Jo.the erms and.condi6ons of a previous award, o.r
ks not otherwise resnonsibte.
• I
. C.`01t:11t4bl •to the recipient for•the use of -the fiands pros-4:1. The to •['u may include
kvrci.gn or international •organizaxzions (such as agencies of he Unit al it ohs). at the
�:l`!S re%"l:t of;he.Federal w Tri i ., agency.
clude the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
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00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
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I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1
I
to Federal awards, .authorizations; obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets.
Recipients shall adequately safeguard all such assets and assure they are used
solely for authorized purposes.
(4) Comparison of outlays with budget amounts for each award. Whenever
appropriate, financial information should be related to performance and unit cost
data..
(5) Written procedures to minimize the time elapsing between the transfer of funds to
the recipient from the U.S. Treasury and the issuance or redemption of checks,,..
warrants or payments by other means for pro&am purposes by the recipient. To
. the extent that the provisions of the Cash Management Improvement Act(CMIA)
(Pub. L. 101-453) govern; payment methods of State agencies, instrumentalities,
and fiscal agents shall be consistent with CMIA Treasury-State Agreements or the '
CMIA default procedures codified at 3 CFR part 205, "Withdrawal of Cash from.
the Treasury fir Advances under Federal Grant and Other Programs".
(b) Written procedures for deterliaining the reasonableness, allocability and I
allowa.bility of costs in accordance with the provisions of the applicable Federal
cc at principles and the terms and conditions-of the award..
(-) Accounting records including cost accounting records that are supported. by
source documentation,
'(;c( Where the Federal •Government guarantees or insures the repa,ment of money
borrowed by the recipient, the Federal awarding agency, at its discretion, may require I
adequate bonding and insurance if the bonding and insurance requirements of the
recipient are not deemed adequate to protect the interest of the Federal Government.
(d) The Federal awarding agency may require adequate fidelity bond coverage where the
recipient tacks sufficient coverage to protect the Federal Government's interest..
(e) Where bonds are required in the situations described above, the bonds shall be
obtained tram companies holding certificates of authority as acceptable sureties; as
prescribed in 3 t CFR part 223, 'Surety Companies Doing Business with. the United
States'.
.22 Pa.x i ,ent.
( ) Payment methods shall mini -ii.ze the time elapsing between the transfer of funds from
the United States Treasury and the issuance or redemption of checks, warrants, or
payment by other means by the recipients. Payment methods of State agencies or
instrumentalities shalt be consistent'with Treasury-State CMA agreements or default
procedures codified at 31 CFR part 205.
(b) Recipients are to be paid in advance, provided they maintain or demonstrate the
willingness to maintain
t 1 j written procedures that minimize the time elapsing between the try/afa of funds I
and disbursement by:the recipient, and.
(2) ;financial management sy:'teitts that meet the standards ds tor fund control and
accountability as established in Section .11 Cash advances to a aaai- ; i,
organization shall be limited to the minimum .it'ln'okan_tc needed -srd be timed �.x., be_
I.o accordance vvirh the actual, :` itedute ash requirere tts of the recipient. •
organization in carrying oat the parposk' of the approved program or r„"3j ci. The I
.- (a) has a history of poor perfoi€€ance,
(1)j is not financially stable,,
c1 has a management system the does not meet the standards prescribed in this Circular;
Ihas not conformed Jo.the erms and.condi6ons of a previous award, o.r
ks not otherwise resnonsibte.
• I
. C.`01t:11t4bl •to the recipient for•the use of -the fiands pros-4:1. The to •['u may include
kvrci.gn or international •organizaxzions (such as agencies of he Unit al it ohs). at the
�:l`!S re%"l:t of;he.Federal w Tri i ., agency.
clude the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
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00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
r
r
•
such conditions, the Federal awarding agency may, upon reasonable notice,
inform.the recipient that payments shall not be made for obligations incurred after
a specified date until the conditions are corrected or the indebtedness to the
• Federal Government is liquidated.
(i) Standards.governing the use of banks and other institutions as depositories of funds •
advanced under awards are: as follows.
(I) Except for situations described in Paragraph (l)(2)., federal awarding agencies
shall not require separate depository accounts for funds provided to a.recipient or
establish any eligibility requirements for depositories for funds provided to a
recipient. However, recipients must be able to account for the receipt, obligation
and expenditure Of funds,
(2) Advances of Federal funds shall be deposited and maintained in insured accounts
whenever possible.
(). :C' nsistetit with the national goal of expanding the opportunities for women-owned •
and minority-owned business enterprises, recipients shall be encouraged to use
. • women- owned and minority-owned banks(a bank which is owned at least 50 percent
by women or minority group members)..
(k) Recipients shall maintain advances of Federal funds in interest beariza:g accounts.
unless (1).,(2).or(3) apply.
i 1) The recipient receives less than$120,000 in Federal :awards per year
(2) The best reasonably available interest bearing account would not be expected to
earn interest in excess of$250 per year on Federal cash balances..
(3) The depository would require an average or minimum balance so high that it
would not be feasible-within the expected Federal and non-Federal cash resources.
CO For :those entities where CMIA. and its implementing. regulations do not apply.
interest earned on Federal advances deposited in interest bearing accounts shall be
re fitted annually to Department of Health and Human Services, Payment
Management S y-teen, Rockville, MID 20852, Interest amounts up to $250 per year
may be retained by the recipient for administrative expense. State universities and
hospitals shall comply with CMIA, as it pertains to interest. If an entity subject to
1 CM[A uses its own Rinds to pay pre-•aw.ard costs for discretionary awards withotit
prior written approval from the Federal awarding agency, it waives its.right to recover
the interest under CMIA.
(m)Except as noted elsewhere in this Circular, only the following forms shall be
authorized for the recipients in regUesting advances-and reimbursements.. Federal
agencies shall not require more than an original and two copies of these forms,
(l) S'F-27Oi Request for Advance or .Reimbursernenti. Each Federal awarding agency
shall adopt the SF-2 70'as a standard form for all non-construction prog-aans when
electronic funds transfer or predetermined advance methods are not used. Federal
awarding agencies, however, have the option of using this Patin for construction
programs i n lieu of the ;S F-271, "Outlay Report and.Reques for P:etrnburserrienr
I or Conwir t1Sciian•Programs'. _
I S -7r 51,t1d y Rerorr and R.,gw'st fo%Re'i hums men. :'il rSC U::v)e. Or+gT
�T•Nil dinw. aget c i Y:3's3.ke ,it'll}tt ''tie F-j'I 3 the .stancla<;j- f:^rrrt• ,C h .:.see i
'i-mill s e.' (.t v.g t.d Vard_ gezc_ } I.. .
'� [T'! Y3� Ear ' �It,��a(7fi L;�1�.a:T*S- �'T��tn/?!4"C, 3 .�. tr3; .3i i'1� %,�w,�..,., -7:,7� 31�;ii*:.1't.;
'e :� t. I 'hen the'F-♦derat ' •tdirg a ent,: refer i e Islay it pity:de 1:3e{3aie 1P_'forcr?af:ot`f tc„
e F2der-1t
award, o.r
ks not otherwise resnonsibte.
• I
. C.`01t:11t4bl •to the recipient for•the use of -the fiands pros-4:1. The to •['u may include
kvrci.gn or international •organizaxzions (such as agencies of he Unit al it ohs). at the
�:l`!S re%"l:t of;he.Federal w Tri i ., agency.
clude the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
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00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
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hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
I
I
I) If the purpose of the award is to assist the recipient in the acquisition of
equipment, buildings or land, the total value of the donated property may be
claimed as cost sharing or matching.
(2) if the purpose of the award is to support activities which require the use of
equipment, buildings or land, noun ally only depreciation or use charges for
equipment and buildings may be made. However, the full value of equipment or
other capital assets and fair rental charges for land may be allowed, provided that
the Federal awarding agency has approved the charges.
h The value of donated propertyth
e era ert shall be determined in accordance, with. usual
accounting policies of the recipient, with the following qualifications. •
(t) The value of donated land and buildings shall not exceed its fair market value at
the time of donation to the recipient as established by an independent appraiser
(e.g., certified real property appraiser or General Services Administration
representative) and cer€ifed by a responsible official of the recipient.
(2) The value of donated equipment shall not exceed the fair market value of
equipment of the same age and condition at the time of donation
(3) The value of donated space shall not exceed the fair rental value of comparable
space as established by .an independent appraisal of comparable space and
facilities in a privately-owned building in the same locality.
(4) 'The value of loaned equipment shall riot exceed its fair rental.value.
(5) The following requirements pertain to the recipient's supporting records for in-
kind contributions from third parties.
(i) Volunteer services shall be documented and, to the extent feasible, supported
by the same methods used by the recipient for its own employees..
t ii) The basis for determining the valuation tlar personal service, material,
equipment, buildings and land shall be documented. I'
- 24 grogram. income.
(a) Federal awarding agencies shall apply the standards set torah in this section in
requiring recipient organizations to account for program income related to: projects I
financed in whole or in part with.Federal funds.
(b) E-xcept as provided in Paragraph{h)below, program income earned during the project period shall be
retained by the recipient and, in accordance With Federal awarding agency regulations or the terms and
conditions of the award,shalt be used in one or more of the ways listed in the following.
(I) Added to funds committed to the project by the Federal awarding agency and recipient and used to
further eligible project or program objectives.
(2) Used to finance the non-Federal share of the project or program. I
(3) Deducted from the total projet t or program allowable cost in deterwining the net
allowable costs on which the Federal share of costs is based,
(c) When an agency authorizes the disposition of program income as described in Fara&aphs ('o)(I) or
(b)(2), program income in excess of any limits stipulated shall be used in accordance With Paragraph
(o)(.3).
(d) in t;he event that the Federal awarding agency does -not speciEy in its regulations or the
te{inns and conditions of the award how program income is to be used, Para. aph.
(6)(3) shall. apply atuomati(:ally to all projects T"r co oe'rars e'cce'r r?sear la F c
award; that -.support. r .,search, Paragraph .(,b't °-,) hair poly a itor:iaa ,:;:illy uni ss the
awarding agency indicates ilia ,hie teams and cond iuuns another a'ter&aativa, on the
ward �e the recipient u klb#-ecc 1.o special .award .. :�rad'itiorris, as indicate1. f!1 S zx;tit ri
--• 14. 1
include
kvrci.gn or international •organizaxzions (such as agencies of he Unit al it ohs). at the
�:l`!S re%"l:t of;he.Federal w Tri i ., agency.
clude the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
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00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
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hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1
•
1
(d) No other prior approval requirements for specific items may be imposed unless a
deviation has been approved by Q1v .
(e) Except for requirements listed in Paragraphs (c)(1) and (cX4) of this section, Federal
awarding agencies are authorized, at theif option, to waive cost-related and
administrative prior written approvals required by this Circular and OMB Circulars:
A-21 and .A-1.22. Such waivers may include authorizing recipients.tO do any one or
more of the following.
(t) Incur pre-award costs 90 calendar days prior to award or more than.9O calendar days with the prior
approval of the Federal awarding.agency. Ali pre-award costs are incurred at the recipient's risk
(i.e., the Federal awarding agency is under no obligation to reimburse such costs if for any reason
the recipient does not receive an award or if the award is less than anticipated and inadequate to -
cover such costs).
(2) .initiate a one-time extension of the expiration date of the award of up to 12
months unless one or more of the following conditions apply. For one-time
extensions, the recipient must notify the Federal awarding agency in writing with
the supporting reasons and revised expiration date at least. 1 0 daysbefore the
expiration date specified in the award. This one-time extension may not be
:exercised merely for the purpose.of using unobligated balances.
(i) The terms and conditions of award prohibit the extension.
(ii) The extension requires additional Federal funds.
(iii)T'ne extension involves any change in the approved objectives or scope o f the
project.
(3) Carry forward unobligated balances to subsequent funding periods.
(4) For awards that support research, unless the Federal awarding agency provides
otherwise in the award or in the agency's regulations, the prior approval
I requirements described in Paragraph le) are automatically waived (i.e.., recipients
need not obtain such prior approvaisl unless one of the conditions i.ncl ailed ;in
Paragraph (02) applies.
(f) The Federal awarding agency may, at its option, restrict the transfer of funds among
direct cost categories or programs, functions and activities for awards in which the
Federal share of the project exceeds. `is100,000 and the cumulative amount of such
' transfers exceeds or is expected to exceed lO percent of the total budget as. last
approved by the Federal awarding agency. No Federal awarding agency shall permit
a transfer that would cause any 'Federal appropriation or part thereof to be used for
purposes other than those consistent with the original intent of the appropriation.
(g).Ali other changes to non-construct:on budgets, except for the changes described in.
]Paragraph,(j), do not require prior approval.
(h) For construction awards, recipients shall request prior written approval promptly from
Federal awarding agencies for budget revisions whenever(1),t 2)or(3).apply
(I) The revision results from changes in the scope or the objective of the project or program.
(2) The need arises for additional Federal funds to complete the project.
(3) A revision is desired which involves specific: costs lbr which prior written
approval requirements .may he in po,ed consistent with apoti. b(e OMB c-oa
principles listed to Section _.27.
i!.+) other prior anpro al 'equirtrmenr ;r as:;=:cii _ vr :a may be imposed, '.fir
t:ju
deviation has been approved by GINI.13
. .C�
t ) When a Federal awarding agency makes an award that rovid s suppOrt h r b
cool?stru i°h and non- :ons€ruc.tto.;n work, the Federal aw.3ti:dling 414,7-elC/ ms3".`. t"ecluir
iva, on the
ward �e the recipient u klb#-ecc 1.o special .award .. :�rad'itiorris, as indicate1. f!1 S zx;tit ri
--• 14. 1
include
kvrci.gn or international •organizaxzions (such as agencies of he Unit al it ohs). at the
�:l`!S re%"l:t of;he.Federal w Tri i ., agency.
clude the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
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00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
' 1•
•
.28 Period of availabilit of funds. Where a funding g period is speciffsd, a recipient may
charge to the grant only allowable costs resulting from obligations incurred during the
landing period and any pre-award costs authorized by the:Federal awarding agency,
.29 Conditional exemptions.
(a) OMB authorizes conditional exemption from OMB administrative requirenxients and
cost principles circulars for certain Federal programs with statutorily-authorized
consolidated planning and consolidated administrative funding, that are identified by
a Federal agency and approved by the head of the Executive. department or
establishment. A Federal agency shall consult with Oi'vMB during its consideration of
whether to grant such an exemption. . -
(b) To promote efficiency to State and local program administration, when Federal non-
entitlement programs with common purposes have specific statutorily-authorized
consolidated planning and consolidated administrative funding and where most of the
State agency's resources come from .riot-Federal sources, Federal agencies may
exempt these covered State-administered, non-entitlement grant programs from
certain OMB grants management requirements. The exemptions would be from all
but the allocability of costs provisions of OMB Circulars .A-87 (Attachment A:,
subsection C.3),, " OM P.rinctpies fDr,Stag, Local, and Indian Tribal Governments",
A-2.f. (Section C., subpart 4)., most Principles fc r Educational Institutions", and A-
122 (Attachment A, subsection A.4),, "Cost Principles Pr 7 `or Prof t Organizations",
and from all of the aasial:lallStlrlti ve requirements provisions of OMB Circular f'-�-l (),
"Uniform Administrative Rerjudre^inents for Grains and Agreements with Instits ions
of Higher Education, Hospitals, and Other Won-Profit Organizations", and the
agencies grants management common rule.
(1) When a Federal agency provides this flexibility, as a prerequisite to a State's
exercising this option, a State must adopt its own written fiscal and. administrative
requirements for expending and accounting fiat- all Funds, which are consistent with
the provisions of OMB Circular A-87, and extend such policies to all sub-recipients.
These fiscal and administrative requirements must be sufficiently specific to ensure 1 that; finds are used in compliance with .all applicable Federal statutory and regulatory
pro visions, costs are reasonable• and necessary for operating these programs, and.
funds are not be used For general expenses required to carry out Other responsibilities I
of a State or its sub-recipients.
Property Standards 1
.30 Purpose of property standards. Sections .31 through .37 set forth sunifomi standards governing
management and disposition of property furnished by the Federal Government whose cost was charged to a
project supported by a Federal award: Federal awarding agencies shall require recipients to observe these
standards under awards and shall not impose additional requirements, unless specifically required by
federal statute, The recipient may use its own property management standards and procedures provided it
observes the.provisions of Sections .31 through .3 7.
,3I. Insurance coverage. RCCipients shall, at a minimum, provide ,the equivalent insurance
coverage € r real property and equipment acquired with Federal blinds as provided to
property owned by the recipient. Federally-owned ereverty need not rr 1asserrd k�niess
required by the terms and conditions or the award111
Real oYr.,,pi,zei.i 1C1 Federal awarding agency. �313 . prescribe recipients
Coneerrung e use �. disposition:GE real.property acer;fled 10 whole or to part undo
ional •organizaxzions (such as agencies of he Unit al it ohs). at the
�:l`!S re%"l:t of;he.Federal w Tri i ., agency.
clude the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
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00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1
•
•
1
(b) Exempt property_ When statutory authority exists, the Federal awarding agency has
the option to vest title to property acquired with Federal.funds in the recipient without
further obligation tic the Federal Government and under conditions the Federal
awarding agency considers appropriate. Such property is "exempt property" Should
a Federal awarding agency not establish conditions, title to exempt property upon
acquisition shall vest in the recipient without further obligation to the Federal
Government
' .34 Equipment.
(a) Title to equipment acquired by a recipient with Federal funds shall vest in the
recipient,subject to conditions of this section.
(b) The recipient shall not use equipment acquired with Federal funds to provide services to non-
Federal outside organizations for a fee that is less than private companies charge for equivalent
services, unless specifically authorized by Federal statute, for as long as the Federal Government
retains at interest in the equipment.
(c) The recipient shall use the equipment in the project or program for which it was acquired as long
as needed, whether or aot the project or program continues to be supported by federal funds and
shall not encumber the property without approval of the Federal awarding agency. When no
' longer needed for the original project or program, the recipient shall use the equipment in'
connection with its other federally-sponsored activities, in the following order of priority:
(i) activities sponsored by the Federal aw.ardirx:g agency which fended the original
project, then
(ii) activities sponsored by other Federal awarding agencies.
(d) Curing the time that equipment is used on the project or program for which it was acquired, the
recipient shall make it available f'br use on other projects or programs if such other use will not
interfere with the work on the project cr program for which the equipment was originally acquired,
First preference for such other use shall be given to other projects or programs sponsored by the
Federal awarding agency that financed the equipment; second preference shall be given to ptojects
1 or programs sponsored by other Federal awarding agencies. if the equipment is owned by the
Federal :government,, use on other activities not sponsored by the Federal Government shall be
F s if r byFederal awarding agency. User charges authorized the tee, shall be treated as
program income,
(e) When ileqUirial-Z replacement equipment,. the recipient may use the equipment to
be replaced as trade-in -or sell the equipment an4 use the proceeds to offset the
costs of the replacement equipment subject to the approval of the Federal
awarding agency..
(t' The recipient's property management standards for equipment acquired with
Federal funds and Federally-owned equipment shall include all of the following,
1 Equipment records shall be maintained accurately and shall include the
following information.
(i) A description of the equipment
Manufacturer's serial number, model number, Federal stock number,
national stock number, or other identification number.
(iii)S.ourrce of the equipment, including inctuding tie award ::number,
v j•Whet.'her title vests in the recipient or the Federal Government.
4.v) Acquisition date (or date received, if the equipment was runes et h;i the
Federal C_rovs,,m r. nt) and cost.
t J f, ,OCormat ion iloct which one oan f r,<.':.€la.0 the percerita e :j r der l
tart..ipi tit 1 t;; C'.at or .'he equipment Glot ar plicabi : .) 'C'tiiiprim.l
shrib.
,trr;�.:.,e ,.,�;,� �'�,"',:d` 3%Via.7 .rru-nyncf,
Coneerrung e use �. disposition:GE real.property acer;fled 10 whole or to part undo
ional •organizaxzions (such as agencies of he Unit al it ohs). at the
�:l`!S re%"l:t of;he.Federal w Tri i ., agency.
clude the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
•
3 If the recipient is instructed to otherwise dispose of the equipment, the
recipient shall be reimbursed by the Federal awarding agency for such costs
incurred in its disposition.
(4) The Federal awarding agency may reserve the right to transfer the tide to the
Federal Government or to a third party named by the Federal Government
when such third party is otherwise eligible under existing statutes. Such
transfer shall be subject to the following standards.
(i) The equipment shall be appropriately identified in the award or otherwise
made known to the recipient in writing.
(ii) The Federal awarding agency shall issue disposition instructions within
20 calendar days after receipt of a final inventory. The final inventory
shall list all equipment acquired with grant funds and Federally-owned
equipment. If the Federal awarding agency fails to issue. disposition
instructions within the ;t24-calendar day period, the recipient shall apply
the standards of this section, as appropriate.
(iii) :Ihen- the Federal awarding agency exercises its right to take title., the
equipment shall be subject to the provisions for Federally-owned;,
equipment.
.3 5 ;supplies and other expendable property.
(a) Title to supplies and other expendable property shall vest in the recipient upon
acquisition. If there is a residual inventory of unused supplies exceeding $5000 in j
total aggregate value upon termination or completion of the project, or program and •
the supplies are not needed for any other Federally-sponsored project or program, the
recipient shall retain the supplies for use on non-Federal sponsored activities or sell ,
them, but shall, in either case, compensate the Federal Government for its share The
amount of compensation shall 'be computed in the same manner as for equipment,
(b) The recipient shall not use supplies acquired with Federal funds to provide services to 11
non-Federal outside organizations for a fee that is less than private companies charge
for equivalent services, unless specifically authorized by Federal statute as long as the
Federal Government retains an interest in the .supplies,
36 Intangible property.
(a) The recipient may copyright any workthat is subject to copyright and was developed, I
or for which ownership was purchased, under an :ward. The Federal awarding
agency(ies) reserve a royalty-free, nonexclusive and irrevocable right to reproduce,
publish, or otherwise use the workworle,for Federal purposes; and to authorize others to do t
so.
(b) Recipients are subject to applicable regulations governing patents and inventions,
including government-wide regulations issued b.y the Department ofCbnunerce at 37
CFR part 401, "Rights to Inventions i14ade by .Nonprofit Organizations and Small
Business Firms Under Government Grants, C uracts and Cooperative 4greeme7us".
(c) The Federal.Government has the right to!
(l) obtain, reproduced publish or otherwise use the data first prod-Lc-eel under an
award; and
authorize e ;stil t.> rvs �. v s2grod1ui,e p•uou,h. ?C others, ise use '.i#{a;h riai'' for
Federal purposes,
1
nctuding tie award ::number,
v j•Whet.'her title vests in the recipient or the Federal Government.
4.v) Acquisition date (or date received, if the equipment was runes et h;i the
Federal C_rovs,,m r. nt) and cost.
t J f, ,OCormat ion iloct which one oan f r,<.':.€la.0 the percerita e :j r der l
tart..ipi tit 1 t;; C'.at or .'he equipment Glot ar plicabi : .) 'C'tiiiprim.l
shrib.
,trr;�.:.,e ,.,�;,� �'�,"',:d` 3%Via.7 .rru-nyncf,
Coneerrung e use �. disposition:GE real.property acer;fled 10 whole or to part undo
ional •organizaxzions (such as agencies of he Unit al it ohs). at the
�:l`!S re%"l:t of;he.Federal w Tri i ., agency.
clude the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1
• acquired or improved with Federal funds and that use and disposition conditions apply to
the property.
Pr".ocureaaient standards
' .40 Purpose of procurement standards. Sections .41 through .48 set forth standards
for use by recipients in establishing procedures for the procurement of supplies and other
expendable property, equipment, real property and other services with Federal funds,
' These standards are furnished to ensure that such materials and services are obtained in.
an effective manner and in compliance with the provisions of applicable Federal statutes
and executive orders. No additional procurement .standards or requirements. shall be
imposed by the Federal awarding agencies upon recipients, unless specifically required
by Federal statute or executive order or approved by OMB.
.41 Recipient responsibilities. The standards contained in this section do not relieve the
recipient of the contractual responsibilities arising under its contract(s). The recipient is
the responsible authority, without recourse to the Federal awarding agency, regarding the
settlement and satisfaction of all contractual and administrative issues arising out of
' procurements entered into in support of an award or other agreement."This includes.
disputes, claims, protests of award, source evaluation or other matters of a contractual
nature. Matters concerning violation of statute are to he referred to such Federal, State or
' local authority, as may have proper jurisdiction,
.42 Codes of conduct. The recipient shall maintain written standards of conduct governing
the performance of its employees engaged in the award and administration of contracts:
No employee, officer, or agent shall participate in the selection, award, or administration
of a contract supported by Federal funds if a real or apparent conflict of interest would be
involved, Such a conflict would arise when the employee., officer, or agent, any member
of his or her immediate family, his or her partner, or an org'anizat on which emp.lOy5 or is
about to employ any of the parties indicated herein, teas a financial or other interest in the
Cilia selected for an award. The offic•�rs, employees, and agents of the recipient afloat
neither solicit nor accept gratuities, favors, or anything of monetary value from
contractors., or parties 'Oa sub-agreements. H•owever, recipients may set standards for
situations in which the financial interest is not substantial or the gift is an unsolicited utern
of-nominal value. The standards of conduct shall provide for disciplinary actions to be
• applied for violations of such standards by officers, employees,Or agents of the ;recipient.
' ^.43 Competition. All procurement transactions shall be conducted in a manner to provide, to
the maximum extent practical, open and free competition. The recipient shall be alert to
organizational conflicts of interest as'-well as noncompetitive practices among contractors
that may restrict or eliminate competition or otherwise restrain trade, in order to ensue
objective contractor performance:and eliminate unfair competitive advantage, contractors
that develop or draft specifcatio,os, requirements, statements of work; invitations tar bids
and/or requests for proposals shall be excluded froth competing for such procurements.
Awards shall be. made to the bidder or offeror whose bid or offer is responsive.to the
solicitation and is most .advantageous. to die recipient, price; quality and other factors
1
considered Solicitations shall clearly Sex forth all requirements that the bided;.' or `Jfr r 'r
`.;".lac t i l ill ,in order for the bid or offer:to.be C vakiat t ii the ic,1ptZn' . 'Any and ad 'boas.
r
r o fern may.rie rejected When it is in t` •rec; tenr':s ;alto to do
— 44 Frlocuren erz procedures, •
,:d` 3%Via.7 .rru-nyncf,
Coneerrung e use �. disposition:GE real.property acer;fled 10 whole or to part undo
ional •organizaxzions (such as agencies of he Unit al it ohs). at the
�:l`!S re%"l:t of;he.Federal w Tri i ., agency.
clude the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
procurement. Consideration shall be given to such matters as contractor integrity,
record of past perforrsiance, financial and technical resources or accessibility to other
necessary resources. in certain circumstances, contracts with certain parties are
restricted by agencies' implementation of EQ's 12:54.9 and 12689, "Debarment and
Suspension"
(e) Recipients shall, on request, make available for the Federal awarding agency, pre-
award review and. procurement documents, such as request for proposals or
invitations for bids, independent cost estimates, etc., when any of_ the. following
conditions apply.
(I) A recipient's procurement procedures or operation fails to comply with the
procurement standards. in the Federal awarding agency's implementation of this
Circular.
<2.) The procurement is expected to exceed the small purchase threshold fixed. at 41
UsC 403 (I I) (currently S25,000) and is to be awarded without competition or
only one bid or offer is received in response to a solicitation.
(3) The procurement,. which is expected to exceed the small purchase threshold,
specifies a''brand name' product,
(4) The proposed award over the small purchase threshold is to be awarded to other
than the apparent low bidder under a sealed bid procurement..
(5) A propcserl contiact modification changes the scope of a contract or increases the contract amount
by morn than the amount of the smaht purchase threshold.
.45 Cost and price analysis. Some form 1 of cost or price analysis shall be made and.
documented in the procurement files in connection with every procurement action. Price.
analysis may be accomplished in various ways, including the comparison of price
quotations submitted, market prices and similar indicia together with. discounts. Cost
analysis is the review and evaluation of each element of cost to determine r'easonabtenesa,
allocabitityand alowability.
6 Procurement records. Procurement records. and files for purchases in. excess•n i the small
purchase threshold shall include the following at a minimum:
-'
(a) basis for contractor selection, 111
(ID) justification for lack of competition when competiti-ve bidsor offers are not obtained,
and
(c) basis for award cost or price.
.47 Contract administration. A system for contract administration shall be maintained to
ensure contractor conformance with. the terms, conditions and specifications of the 1
contract and to ensure adequate and .ely follow up of all purchases. Recipients shall.
evacuate contractor performance and document, as appropriate, whether contractors have
met the terms, conditions and specifications of the contract.
.48.Contract provisions. The recipient shall include; in addition t.b provisions to define .a
sound and complete agreement, the following provisions in all contracts.. The following
provisions shall also be applied to silo;ontrac•ts.
{a) Contracts in excess of the small purchase threshold shall contain contractual
provisions or conditions: that allow for administrative, 11traCtUai or l.,;gal
to instances r which a a ntrOCtFO' violates .} br`:ache the ✓1i.t act ir�i [1and t)�'
�1� -y� YY � l i:i il� +� ll
fill.^J��_tc: 1 ?- , '�1�.�.i. '."Tc:ODitis as C :ax<. be : pipeopr,:.akx;.-.
!lb) Ai i iexcess of the srnall purchase itreshold shall cnnt9in uita]Ie
provisions, fsr termination b.. the t ipient,. including the manner by
1
and ad 'boas.
r
r o fern may.rie rejected When it is in t` •rec; tenr':s ;alto to do
— 44 Frlocuren erz procedures, •
,:d` 3%Via.7 .rru-nyncf,
Coneerrung e use �. disposition:GE real.property acer;fled 10 whole or to part undo
ional •organizaxzions (such as agencies of he Unit al it ohs). at the
�:l`!S re%"l:t of;he.Federal w Tri i ., agency.
clude the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1
(b) The Federal awarding agency shall prescribe the frequency with which the performance reports shall
be submitted.. Except as provided in Paragraph`.51(f), performance reports-shall not be required
more .frequently. than quarterly or, less frequently than annually.• Annual reports shall be due 90
calendar days after the grant.year; quarterly or semi.-annual reports shall be due 30 days after the
reporting period. The Federal awarding agency may require annual reports before the anniversary
' dates of multiple year awards in lieu of these requirements. The final performance reports are due.90
calendar days after the expiration or termination of the award.
(c) if inappropriate, a final technical or performance report shall not be required after completion of the
project.
(d) When required,performance reports shall generally contain, for each award, brier information on each
of the following.
(1) A comparison of actual accomplishments with the goals and objectives
established for the period, the findings of the investigator, or both, Whenever
appropriate and the output of programs or protects can.be readily quantified; such
quantitative data should be-related to cost data lorcomputation of unit costs.
(2) Reasons why established goals were not met,if appropriate.
(3) Other pertinent information including, when appropriate, .anafysis and explanation
of cost overruns or high unit costs.
1 (e) Recipients shall not be required to submit more than the original.and two copies bf
performance reports, •
'k) Recipients shall immediately notify the Federal-awarding agency of developments
that have a si 1i Icant impact on the award-supported activities, Also, notification
shall be given in the case of problems, delays,, or adverse conditions, which.materially
impair the ability to meet the objectives of the award. This noi:i ication shall include
a statement of the action taken or contemplated, and any assistance needed to resolve
the situation.
(g) Federal awarding agencies:may make site visits„ as needed.
1 In) Federal awarding agencies shall comply with clearance requirements. of 5 CFR part.
1320 when requesting pertbrmance data from recipients.,
_ .52 Financial reporting.
Via) The followingforms or such other forms as may be approved by OMB are authorized
for obtaining financial info{ from recipients. •
(.l) :SF--fit 9 or SF-269A,Financial.Status Report.
• (i) Each Federal awarding agency shall require recipients to use the SF-26-9 or
SF-269A to report the status of funds for all. non-construction projects or
programs. A Federal awarding agency may, however, have the option of not
' requiring.the SF-269 or SF-269A when the SF-270, Request for Advance or
Reimbursement, or S : 272, Report of Federal Cash Transactions, is
determined to provide adequate information to meet its needs, except that a
final SF:269 or SF-269A. shall be required at the completion of the. project -
when the SF-270 is used only for advances,.
Ui) The Federal awarding agency shall prescribe whether the report shall be On a
cash or ac.Crua1 basis. ill the Federal awarding agency requires accrual
.-
information and the recipient's accounting records are--"rent normally kept on
' the,- accrual basis, the recipient shali not be required to convert its accounting
system, but shall .develop such accrual' i f,cr:.t 1n.3? :.:-�cc ,gi h�d.aa.' ,st:imat.,,
based on a:a 1=rah i.SL3 fthe ,}o i,ii-f.'Lerita:l ) n of, and.
• Feuetat_ awarding agenny shalt del—rmine pina.a"'ial
3tatu Report hilt each mojec, Of program, Cc'r'isidering the. and •
e use �. disposition:GE real.property acer;fled 10 whole or to part undo
ional •organizaxzions (such as agencies of he Unit al it ohs). at the
�:l`!S re%"l:t of;he.Federal w Tri i ., agency.
clude the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
I
(4) Federal a> arding agencies may accept the identical information from the I
;v
recipients in machine-readable format or computer printouts or electronic outputs
in lieu of prescribed forafiats.
(5) Federal awarding agencies may provide.computer or electronic outputs to recipients when such
expedites or contributes to the accuracy of reporting.
.53 Retention and access requirements for records.
(a) This section sets forth requirements for record retention and access to records for
awards to recipients. Federal awarding agencies shad not impose any other record
retention or access requirements upon recipients.
(b) Financial records, supporting documents, statistical records, and all other records
pertinent to an award shall be retained for a period of three years from the date of
submission of the final expenditure report or, for awards that are renewed quarterly or
annually, from the date of the submission or the quarterly or annual financial report,
as authorized by the Federal awarding agency. The only exceptions are the
fol lowing:
13 If any litigation, claim, or audit is started before the expiration of the.3-year period, the records
shall be retained until all litigation, claims or audit findings involving the records have been
resolved and final action taken.
(2) Records for real property and equipment acquired with Federal funds shall be I
retained for 3:years after final disposition.
(3) When records are transferred to or maintained by the Federal awarding agency.,
the 3-yeas retention requirement is not applicable to the recipient.
(4) indirect cost rate proposals, cost allocations p4ans, etc. as specified in :Paragraph
•53(g).
(c) Copies of original records may be substituted for the original records if authorized by
the Federal awarding agency
(d) The Federal awarrding agency shall request transfer ofcyrtiil records
Caid} to its custody
from recipients when it determines that the records possess long term retention value.
However, in order to-avoid duplicate record keeping, a Federal awarding agency may
make 8r23lU�zrtelts for recipients toretain any records t7�i 2r, contiCLiU:dJ needed
for joint use,
(e) The Federal awarding agency, the tnspecto,r General, Comptroller General of the
United States, or any of their duly authorized representatives, have the right of timely
and unrestricted access to any books, documents, papers, or other records of
recipients that are pertinent to the awards, in order to make audits, examinations,
excerpts, transcripts and copies,of such documents. This right also includes timely ,
and reasonable access to a recipient's personnel for the purpose of interview and
discussion related to such documents, The rights of access in this paragraph are not
limited to the required retention period, but shall last as long as records are retained. '
{t) Unless required by statute, no Federal awarding agency shall place restrictions on
recipients that limit public access to the records of recipients that are pertinent to an
award, except when-the Federal awarding agency can demonstrate that such records
a' disclosure be kept confidential and would have been exempted from pursuant to
the _Freedom of filformatiort Act (3 USC 3 3 ! i me records had belonged to flA
Federal •aw-i ci D -age,t-K'` ,
7f t!i .:.t C�f•,1. i'.1..7 a .eta proposals, :Jost allocations plans, et':. P' rags, .rs: t.";( t) a,a;i: ( it. ,.
aopl.y to the €dlloviticg t`lpts or documynts, and their smyorting records indirect cij:st
idering the. and •
e use �. disposition:GE real.property acer;fled 10 whole or to part undo
ional •organizaxzions (such as agencies of he Unit al it ohs). at the
�:l`!S re%"l:t of;he.Federal w Tri i ., agency.
clude the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
(b) Hearings and appeals, In taking an enforcement action, the awarding agency shall
provide the recipient an opportunity for hearing, appeal, or other administrative
proceeding to which the recipient is entitled under any statute or regulation applicable
to the action involved.
' (c) Effects of suspension and termination. Costs Of a recipient resulting from obligations
incurred by the recipient during a suspension or after termination of an award are not
allowable unless the awarding agency expressly authorizes them in the notice of
' suspension or termination or subsequently. Other recipient costs during suspension or
after termination, which are necessary and not reasonably avoidable are allowable if
(I) and (2)apply.
' (I) The costs result from obligations, which were properly incurred by the recipient before the-
effective date of suspension or termination, are not in anticipation of it, and in the case of a
. termination, are on-cancellable.
(2) The costs would be allowable if the award were not suspended or expired
normally at the end of the funding period in which the termination takes effect.
(ci) Relationship to debarment and suspension. The enforcement remedies identified in
this section, including suspension and termination, do :not preclude a recipient from
' being subject to debarment and suspension under EU's 12549 and 1.2689 and the
Federal awarding agency implementing regulations (see Section .13).•
iStIBPA:Rl D After-the-Awlyd Reiuiredw is
.71) Purpose. Sections .71 through .73 contain closeout procedures and other
procedures for subsequent disa lowances and adjustments,
.71'Closeout procedures.
(a) Recipients shall submit, within 90 calendar days after the date of completion of the
award, all financial, performance, and other reports as required by the terms and
conditions of the award. The Federal awarding agenc y may approve extensions when
requested by the recipient.
' (b) Unless the Federal awarding agency authorizes an extension, a recipient shall
liquidate all obligations incurred under the award not later than 90 calendar days after
the funding period or the date of completion as specified in the terms and conditions
of the award or in agency implementing instructions.
(c) The Federal awarding agency shall make prompt payments to a recipient for
allowable reimbursable costs under the award being closed out,
(d) The recipient shall promptly refund any balances of unobligated cash that the Federal
awarding agency has advanced ocpaid and that is_toot authorized to be retained by the
1 recipient for use in other projects. OMB Circular A I29 governs unreturried amounts
that become delinquent debts.
(a). When authorized by the terms and conditions of* the award, the Federal awarding
' agency shall make__a settlement for any upward or downward' adjustments to the
Federal share of costs alter closeout reports are received.
itt The recipient shall account far any real and personal property acquired with Federal
funds oe received ved from the Federal 3c,verement aCCOCds n,.e. With 3 $ f„ons
through -- t
I t' r d o t _ t i e .i [- n o. - - emeci � i t e lilt w �'- `
..�.' .n P.r i;'i..Y?: _ ;[ri'sl % a i been 'fC>7. :. r r_ l.'u3 t
t 'if_ ;�� � i:;� c oS' i-7 i_ � �1,.�f: an award, ta,e,
Federal .awarding agency shall rei:ain i ght to recover an appropriate amount at'ter
ls, :Jost allocations plans, et':. P' rags, .rs: t.";( t) a,a;i: ( it. ,.
aopl.y to the €dlloviticg t`lpts or documynts, and their smyorting records indirect cij:st
idering the. and •
e use �. disposition:GE real.property acer;fled 10 whole or to part undo
ional •organizaxzions (such as agencies of he Unit al it ohs). at the
�:l`!S re%"l:t of;he.Federal w Tri i ., agency.
clude the provisions of paragraphs (1) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
•
•
I
3. .Davis-Bacon Act, as amended (40 IEJSC 276a to a-7) - When required by Federal progam
legislation, all construction contracts awarded by the recipients and sub-recipients of more
than$2000 shall include a provision for compliance with the Davis-Bacon Act(40 USC 276a
to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor
Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted
Construction"). Under this Act, contractors shall be required to pay wages to: laborers and
mechanics at a rate not less than the minimum wages specified in a.wwage determination .made.
by the Secretary of Labor. In addition, contractors shall be required to pay wages not less
• than once a week. The recipient shall place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation and the award of a -
contract shall be conditioned upon the acceptance of the wage determination. The recipient
shall report all suspected or reported violations to the Federal awarding agency.
4. Contract Work Hours and Safety Standards Act (40 USC .327-333) Where applicable,
all contracts awarded by recipients in excess of $2000 for construction contracts and in
excess of S2:500 for other contracts that involve the employment of mechanics or laborers
shall include a provision for compliance with Sections 102 and 10'7 of the Contract Work
Hours and Safety Standards Act (4l USC 327-333), as supplemented by Department of
Labor regulations (29 CFR part '5)_ Under Section 102 of the Act, each contractor shall be
requi"'d to compute the wages of every mechanic and laborer on ti7e basis of a standard
work-week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than l % times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. Section .107 of the Act is applicable to
construction work and 'provides that no laborer or mechanic shall be required to work in I,
These
or under working conditions- which are unsanitary, hazardous or dangerous.
requirements do not apply to the purchases or supplies or materials or articles.
ordinarily available on the open market, or contracts- For transportation or transmission or
lntelhgence
5. Rights to Inventions Male Under a Contract or Agreement - Contracts or agreements for
the performance of experimental, developmental, or research work shall provide #or the
rights of the Federal Government and the recipient in any resulting invention in accordance
with 37 CFR part 401., 'Rights to Inventions Made v (Nonprofit 0r7.::17ziratiors and Small
Business Firms Under Government Grants, Contracts and ,Cooperative Agreements", anct
any implementing regulations issued by the awarding agency.
6. Clean Air. Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33
USC 1251 et seq.),as amended Contracts and sub-grants of amounts in excess of 100,000
shall contain a provision that requires the''.tecipient to agree to comply with. all applicable
standards, orders or regulations issued pursuant to the 'Clean Air Act (42 USC 7401 et seq.)
and the Federal Water Pollution Control Act as amended (33 USC 1251 et seq.)'. Violations
shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA) '
7. Byr,, Anti-Lobbying Amendment (31 liSC 1352) - Contractors who apply or bid For an
award of$100,0000 .or more shall file the .'equired certification. Each tier certifies to the tier
above that it wilt not and has not used Federal appropriated- i' payany eer3re7 '
o{ganinat.t.'n o r i_af u?rDcin., or attempting to influe',rL ' an ,,.. r nr emplo yee of.
a m beer ber of cn "less, ;i;[ices or employee ofT o): anemplo
employee or a member or
Con ess rI
o te do` with s+ ,.iairs . any Federal ;OttAc;, grant or a�i� ... ul1' ## I
) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
I • ,
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I
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NilINOREI'Y B USINESS .& IA OM/LIN BLI- INE.SS ..
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- •. i•.‘-. . •r.c.ivain ,.z."!'•'•',
ent of
Labor regulations (29 CFR part '5)_ Under Section 102 of the Act, each contractor shall be
requi"'d to compute the wages of every mechanic and laborer on ti7e basis of a standard
work-week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than l % times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. Section .107 of the Act is applicable to
construction work and 'provides that no laborer or mechanic shall be required to work in I,
These
or under working conditions- which are unsanitary, hazardous or dangerous.
requirements do not apply to the purchases or supplies or materials or articles.
ordinarily available on the open market, or contracts- For transportation or transmission or
lntelhgence
5. Rights to Inventions Male Under a Contract or Agreement - Contracts or agreements for
the performance of experimental, developmental, or research work shall provide #or the
rights of the Federal Government and the recipient in any resulting invention in accordance
with 37 CFR part 401., 'Rights to Inventions Made v (Nonprofit 0r7.::17ziratiors and Small
Business Firms Under Government Grants, Contracts and ,Cooperative Agreements", anct
any implementing regulations issued by the awarding agency.
6. Clean Air. Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33
USC 1251 et seq.),as amended Contracts and sub-grants of amounts in excess of 100,000
shall contain a provision that requires the''.tecipient to agree to comply with. all applicable
standards, orders or regulations issued pursuant to the 'Clean Air Act (42 USC 7401 et seq.)
and the Federal Water Pollution Control Act as amended (33 USC 1251 et seq.)'. Violations
shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA) '
7. Byr,, Anti-Lobbying Amendment (31 liSC 1352) - Contractors who apply or bid For an
award of$100,0000 .or more shall file the .'equired certification. Each tier certifies to the tier
above that it wilt not and has not used Federal appropriated- i' payany eer3re7 '
o{ganinat.t.'n o r i_af u?rDcin., or attempting to influe',rL ' an ,,.. r nr emplo yee of.
a m beer ber of cn "less, ;i;[ices or employee ofT o): anemplo
employee or a member or
Con ess rI
o te do` with s+ ,.iairs . any Federal ;OttAc;, grant or a�i� ... ul1' ## I
) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
.PLANNING DEPARTMENT
CITY OF O MA HA
WINORITY BUSINESS/WOMEN BUSINESS ENTERPRISE PLAN
INTRODUCTION
Minority and women business sectors play an important pact in Omaha's overall plans for Future
`4-0sAith. progress, and prosperity. It is vita[ to the Citv's economic condition and well-bein, that
minority and women businesses expand, thrive and prosper, 'generating economic stability and
' increased job opportunities. Towards the fulfillment and accomplishment of these important
objectives, the City of Omaha remains committed to minority and women business development.
' The. City of Omaha's approach to minority/women business development is embedded in its
policy of nor-discrn-m.ination in the conduct of City business Irc[udii-1, the procurement of gooiis,
materials aridser`✓tce5., construction and community and economic development projects. The
City. reco`mzes Its obligations to each segment of the various communities it serves. tt'is in
recognition of these responsibilities that the City established the City's Contract Compliance
Or+l.arise.
The Ordinance commits the City to,
L Require contractors aridlor vendors to provide employment opportunities without ree.tr'i
to race, creed, color, sex religion, or national origin:
_. Monitor contractor and vendor equal opportunity performance:
]malce: and
Increase the total number and total dollar volume ofC1t/ contracts awarlid C�1 1o7c
.
owned and women-owned firms.
C_Ii3.l CTP CS
[he following represents ,1 s11mnzry or the ,goals and hje t c% i the PL ariffilag I ie a :irer!.t as
they relate to minority and oiomen-o'waed businesses:
!.. Emocirage., Incr .se and promote business !1x'.d procurement opportunities for women-
J.c,Arried businesses:
increase and expand the awareness. and understanding regarding the concerns. obstacles,
and hindrances preventing increased :,/L.BE'WB.E participation in Planning Depart-Client
:2L tic✓i ties;
filar ',fBC'i/c'`(/Ei 'i *rowel the revitalization +it )rosiness .Listricrs.:
-L.. :k.sstst ;ninoary and l.emaie ,:entrecicent 'Lars '.rl the .:or-nation. rid rr�`.rlY{_1 I; i.ill
I 'I.!sirie':;ses : ..t.C1S1
1+.( ?•.. ._`Ti.Ii ff'::R;+)l'i • {P:;alts2ti;l.i'..s., 112II: I` L
•
rit;.; i�t� {it„ I- .Ll'tic, .,•11.(i:ll '!1 t-i_ 'I'�t; {Ltil .. .r;e:,ILi.
reements for
the performance of experimental, developmental, or research work shall provide #or the
rights of the Federal Government and the recipient in any resulting invention in accordance
with 37 CFR part 401., 'Rights to Inventions Made v (Nonprofit 0r7.::17ziratiors and Small
Business Firms Under Government Grants, Contracts and ,Cooperative Agreements", anct
any implementing regulations issued by the awarding agency.
6. Clean Air. Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33
USC 1251 et seq.),as amended Contracts and sub-grants of amounts in excess of 100,000
shall contain a provision that requires the''.tecipient to agree to comply with. all applicable
standards, orders or regulations issued pursuant to the 'Clean Air Act (42 USC 7401 et seq.)
and the Federal Water Pollution Control Act as amended (33 USC 1251 et seq.)'. Violations
shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA) '
7. Byr,, Anti-Lobbying Amendment (31 liSC 1352) - Contractors who apply or bid For an
award of$100,0000 .or more shall file the .'equired certification. Each tier certifies to the tier
above that it wilt not and has not used Federal appropriated- i' payany eer3re7 '
o{ganinat.t.'n o r i_af u?rDcin., or attempting to influe',rL ' an ,,.. r nr emplo yee of.
a m beer ber of cn "less, ;i;[ices or employee ofT o): anemplo
employee or a member or
Con ess rI
o te do` with s+ ,.iairs . any Federal ;OttAc;, grant or a�i� ... ul1' ## I
) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
• I
1. Require that recipients of :want 'awards, consultin'1 contracts. or loans to develop and
provide a MBE. W cB E [,`ti.lization Plan.
_2. Ensure that Requests for Proposals require the submission of :NIBE.WBE Utilization
Plans.
Ensure that the prog-rams of the Planning Department are advertised in the appropriate ,
new media whose markets are targeted toward MBE/WBE.
-I-. Implement an outreach effort in-fOrinini7 MBE and WBE firms and capture information on
these Elms doing business with the Planning Department.
Implement a sc✓sterr to identify MBE and WBE Llama and capture information on these
trans doing business with,the Planning Department. ,
c . Require developers, corporations, partnerships and/or sole proprietors to register with the
[-iurtan Relations Department and the Purchasing Department In addition, require these
entities to.
A Complete CC-I (Human Relations Department)
B. Complete Bid Ldr Registration(Finance Department, Purchasing Di visin ri
�_. C.7orrrp[etc Business Certification (.HIarnan Relations Department)
7 Require developers, corporations, partnerships and/or sole proprietors to provide
registration information o n all 'pub-contracicor s.
i. Require loan agreements to include a statement that jobs created will be made de a,ailab[e 111
to low-to-moderate income persons.
he following ;L i licado n package has been developed to as[i}.:su you in u nl l/ [ir with o'I.
(e(4u st eor Ln.Lormatioici on your business and all sub—contractors nrcvi.din:g .goods it d;ar s mices
n projects financed l-, and o r im' lemeJ.nted thr o Li'a free i tt tl t O sa ,11 1n. ;1' 1 :1'i.��i1. �/it[i ,.i!' lit✓ ('1t. JiTlia.ha. Lt
'i o u have T i 4 2 - l r r'eq! ' further assistancei +
any �. 1 S%7.UrtS t_t. .l�C�' 1 L., b. :C iQ. completing the application package,
please contact I)/lr. Kenneth Jalr so n, Sr. at44-5 E6 j
111•
I
•
1
I
I
1
I 'I.!sirie':;ses : ..t.C1S1
1+.( ?•.. ._`Ti.Ii ff'::R;+)l'i • {P:;alts2ti;l.i'..s., 112II: I` L
•
rit;.; i�t� {it„ I- .Ll'tic, .,•11.(i:ll '!1 t-i_ 'I'�t; {Ltil .. .r;e:,ILi.
reements for
the performance of experimental, developmental, or research work shall provide #or the
rights of the Federal Government and the recipient in any resulting invention in accordance
with 37 CFR part 401., 'Rights to Inventions Made v (Nonprofit 0r7.::17ziratiors and Small
Business Firms Under Government Grants, Contracts and ,Cooperative Agreements", anct
any implementing regulations issued by the awarding agency.
6. Clean Air. Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33
USC 1251 et seq.),as amended Contracts and sub-grants of amounts in excess of 100,000
shall contain a provision that requires the''.tecipient to agree to comply with. all applicable
standards, orders or regulations issued pursuant to the 'Clean Air Act (42 USC 7401 et seq.)
and the Federal Water Pollution Control Act as amended (33 USC 1251 et seq.)'. Violations
shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA) '
7. Byr,, Anti-Lobbying Amendment (31 liSC 1352) - Contractors who apply or bid For an
award of$100,0000 .or more shall file the .'equired certification. Each tier certifies to the tier
above that it wilt not and has not used Federal appropriated- i' payany eer3re7 '
o{ganinat.t.'n o r i_af u?rDcin., or attempting to influe',rL ' an ,,.. r nr emplo yee of.
a m beer ber of cn "less, ;i;[ices or employee ofT o): anemplo
employee or a member or
Con ess rI
o te do` with s+ ,.iairs . any Federal ;OttAc;, grant or a�i� ... ul1' ## I
) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
I .
I
I
MEEi'WBF. FOR E IPLOY MENT -
The followiroz. list of otf?anization.s is provided to assist you in tdentirvimq; low-to-moderate
income persons for employment opportunities.. 4`0ll must make concerted efforts to hire low-to
moderate, income persons and document specific actions taken to achieve these objectives,
To help accomplish the above goals, the following a encies should be notitied of initial
employment opportunities for low to moderate income persons:
INebraska Department of Labor-Omaha Job Service Laran fob Trairlunl4
503o Ames Avenue 49'14 South 74th Street.
I Omaha, NE 63l 1 E (�n,aha NE: 68 EI 'i'
Sack Meyers, Office Jilpec-vtss or Sarah•-Crawf_or.d., Executive Director
95-317.' 734-132 1
IWork Force Development of Greater Omaha Omaha Opportunities Industrialization Cemer
Blue Lion Centre ]724 L'locth 34'l� Street
I24 1-23 North ?4ch i�Street Omaha,fah , ''.E`� 68LI.�
Omaha. NE 6slEi) Dr. Bernice Dodd, Ex,:ciitive: Director:
I.' iii-i.a Vazquez., Director =1; 74712
Urban Le.-aizue_ orNJeh(askCa. Inc (3-irk Incorporated of Omaha
i)7 , ) \ -.ith 7 °h --:.�. tdorrh _-� Street x l is North :_i.�.. Street
Omaha, iN E 6311() Omaha. hOE 68 104
I `..;Vi111aEr.l Lho nip klns, President i�)l)i:C1�;1. D ecO Executive Director�; '' . 1� 45 7-46 76
4.
,:, , pit
South: 4 Street.
Omaha, i'•iE 631.3I
I Efar'"iat,
4:. Exec.ttl'ie Dire:;tor
-6.J5j
I
1
I
eor Ln.Lormatioici on your business and all sub—contractors nrcvi.din:g .goods it d;ar s mices
n projects financed l-, and o r im' lemeJ.nted thr o Li'a free i tt tl t O sa ,11 1n. ;1' 1 :1'i.��i1. �/it[i ,.i!' lit✓ ('1t. JiTlia.ha. Lt
'i o u have T i 4 2 - l r r'eq! ' further assistancei +
any �. 1 S%7.UrtS t_t. .l�C�' 1 L., b. :C iQ. completing the application package,
please contact I)/lr. Kenneth Jalr so n, Sr. at44-5 E6 j
111•
I
•
1
I
I
1
I 'I.!sirie':;ses : ..t.C1S1
1+.( ?•.. ._`Ti.Ii ff'::R;+)l'i • {P:;alts2ti;l.i'..s., 112II: I` L
•
rit;.; i�t� {it„ I- .Ll'tic, .,•11.(i:ll '!1 t-i_ 'I'�t; {Ltil .. .r;e:,ILi.
reements for
the performance of experimental, developmental, or research work shall provide #or the
rights of the Federal Government and the recipient in any resulting invention in accordance
with 37 CFR part 401., 'Rights to Inventions Made v (Nonprofit 0r7.::17ziratiors and Small
Business Firms Under Government Grants, Contracts and ,Cooperative Agreements", anct
any implementing regulations issued by the awarding agency.
6. Clean Air. Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33
USC 1251 et seq.),as amended Contracts and sub-grants of amounts in excess of 100,000
shall contain a provision that requires the''.tecipient to agree to comply with. all applicable
standards, orders or regulations issued pursuant to the 'Clean Air Act (42 USC 7401 et seq.)
and the Federal Water Pollution Control Act as amended (33 USC 1251 et seq.)'. Violations
shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA) '
7. Byr,, Anti-Lobbying Amendment (31 liSC 1352) - Contractors who apply or bid For an
award of$100,0000 .or more shall file the .'equired certification. Each tier certifies to the tier
above that it wilt not and has not used Federal appropriated- i' payany eer3re7 '
o{ganinat.t.'n o r i_af u?rDcin., or attempting to influe',rL ' an ,,.. r nr emplo yee of.
a m beer ber of cn "less, ;i;[ices or employee ofT o): anemplo
employee or a member or
Con ess rI
o te do` with s+ ,.iairs . any Federal ;OttAc;, grant or a�i� ... ul1' ## I
) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
1
i
MBE/WBE FOR GOODS AND SERVICES
Your companyinnList make ciendors aware•ot your policy to support equal opportunity utilization
of minoricN,i, disabled and women-owned businesses. To accomplish this goal. you must provide
a copy of the approved MBE.,AVBE Participation Plan to all businesses providing goods and/or
services to the project.
Your company must provide the opportunity for Minority Business. Enterprises and Women
Business Enterprises to provide goods and services through all phases of the project. A
concerted effort must be. made to allow these businesses to actively compete for project I
contracts. This effort will include utilization of the toiio'•.virig resources and documentation of
your actions to achieve these objectives.
Omaha Small Business Network, inc.. ,
2505 i'rorth 241h Street
Omaha, ENE- 68 1 lt)
Executive Director
453-53.36
Ho (_o min uni topme'n Division
City Planrun!,
1519 Earnam Street, Room I.. 1 11.
Omaha. ;T 68183
Kenneth E.. .;oh nson. Sr., Economic Dezteiopmentt Manager.
Nebraska Department or Economic Development
S mall Bus mess OMB El HIV E E D 81E i isi;stance 1
11 l Centennial NW South
i i.nco La, 3 5 i}u-•b76;
SteveSteveWilliams,1 Bllbc.i'1e:;;: Assistance Manager
Purchasing Department 1
!31.9 Parham S treet, Room 1001
Omaha, 1N E 6 31 3
John Leming, Purchasing Agent
444-}40r
Li17i_til tettatton,s Department Ia` ^mad }un D Le,.,Jr .4 LL.51
)ritract ._ ,111r
I
it:.l u' m=ac. armif.:t?f:
•
1
i tt tl t O sa ,11 1n. ;1' 1 :1'i.��i1. �/it[i ,.i!' lit✓ ('1t. JiTlia.ha. Lt
'i o u have T i 4 2 - l r r'eq! ' further assistancei +
any �. 1 S%7.UrtS t_t. .l�C�' 1 L., b. :C iQ. completing the application package,
please contact I)/lr. Kenneth Jalr so n, Sr. at44-5 E6 j
111•
I
•
1
I
I
1
I 'I.!sirie':;ses : ..t.C1S1
1+.( ?•.. ._`Ti.Ii ff'::R;+)l'i • {P:;alts2ti;l.i'..s., 112II: I` L
•
rit;.; i�t� {it„ I- .Ll'tic, .,•11.(i:ll '!1 t-i_ 'I'�t; {Ltil .. .r;e:,ILi.
reements for
the performance of experimental, developmental, or research work shall provide #or the
rights of the Federal Government and the recipient in any resulting invention in accordance
with 37 CFR part 401., 'Rights to Inventions Made v (Nonprofit 0r7.::17ziratiors and Small
Business Firms Under Government Grants, Contracts and ,Cooperative Agreements", anct
any implementing regulations issued by the awarding agency.
6. Clean Air. Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33
USC 1251 et seq.),as amended Contracts and sub-grants of amounts in excess of 100,000
shall contain a provision that requires the''.tecipient to agree to comply with. all applicable
standards, orders or regulations issued pursuant to the 'Clean Air Act (42 USC 7401 et seq.)
and the Federal Water Pollution Control Act as amended (33 USC 1251 et seq.)'. Violations
shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA) '
7. Byr,, Anti-Lobbying Amendment (31 liSC 1352) - Contractors who apply or bid For an
award of$100,0000 .or more shall file the .'equired certification. Each tier certifies to the tier
above that it wilt not and has not used Federal appropriated- i' payany eer3re7 '
o{ganinat.t.'n o r i_af u?rDcin., or attempting to influe',rL ' an ,,.. r nr emplo yee of.
a m beer ber of cn "less, ;i;[ices or employee ofT o): anemplo
employee or a member or
Con ess rI
o te do` with s+ ,.iairs . any Federal ;OttAc;, grant or a�i� ... ul1' ## I
) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
MBEIW BE FOR GOODS AND SERVICES
Great Plains Minority Supplier Development Council
. ,
Greater Omaha Chamber of CommerceI .
[30 Harney Street
Omaha, NIE 63102 •
Terrie Miller, Director
345-5000
Laraza Sob
19'23 South 74th Street
Omaha,NE 681:07
Sarah Crawford, Executive Director
73 4.-t 32 t
United Minority Contractors Assoc.tacion
7'3.7( IN.0 cal-)4Cil Stre6.
Omaha, NIE 68 0
Al Epps, Executive Director
341-2 77
Kathleen.Pip(tr, D/NIE D
1 Small Bus J.eiess Administration
LI.l43 Mill Valley Road
CDT-liana, NE 63 54
.22 1. 7"20 5
17f. b Carter, r DeDatli ti) :S1 mai 8uiiess
S Corps E,n Tater.;
2.1 5 North I rh Street
• Omaha. NE 68 1Y,1
'2.t -4 L
•
•
--
•
•
•
• ICity of Ortaha •
BUSINESS QUALIFICATION RESUME
DATE:
1, • FIRM IDENTIFICATION:
C 0 LP A',\F:Y
STREET 3:LIDDR_ESS
CITY • STATE ZIP CODE
BUSINESS PHONE HON LE PRONE.
MONTH & YEAR ESTABLISHED
•
IL 0 WN-F,RS ITIP 0 F FIRLVI
IS THE FIR"i\if 0`vrinN-ED :3,ND CONTROLLED BY 1,/fENIE E R. OF MIN 0 PITY OF.
()THEP,. DtS ADVANTAGED GROUP?: YES Li NO I NLE.Ni-0 FUT Y."
()MAN- Li t,v,-k II
E 0 F 0 c-,\/:.'NE : ft•IT)PIED[JAL L I PARINEREUP Li
c(3P.Poe TioN Li
F. 5 I.?••,) 0 viNjc.b- B c,:•• A MEN0RITY? YES ri
NAME AIND AD DRESS OF AlL STO(.7101 0 LD ERS AND/OR PARTNERS:
NAi.'\,1.E, TITLE, HOME ADDRESS CE CWNERSRIF
I
Ci.
iS-4 A C; M.F.Y ; 2,11.E .7 D Cr( :DEc ,L7.t
•:';
I
_______ _____________ _ ______
.
__ _ __ _____ -
ntt Manager.
Nebraska Department or Economic Development
S mall Bus mess OMB El HIV E E D 81E i isi;stance 1
11 l Centennial NW South
i i.nco La, 3 5 i}u-•b76;
SteveSteveWilliams,1 Bllbc.i'1e:;;: Assistance Manager
Purchasing Department 1
!31.9 Parham S treet, Room 1001
Omaha, 1N E 6 31 3
John Leming, Purchasing Agent
444-}40r
Li17i_til tettatton,s Department Ia` ^mad }un D Le,.,Jr .4 LL.51
)ritract ._ ,111r
I
it:.l u' m=ac. armif.:t?f:
•
1
i tt tl t O sa ,11 1n. ;1' 1 :1'i.��i1. �/it[i ,.i!' lit✓ ('1t. JiTlia.ha. Lt
'i o u have T i 4 2 - l r r'eq! ' further assistancei +
any �. 1 S%7.UrtS t_t. .l�C�' 1 L., b. :C iQ. completing the application package,
please contact I)/lr. Kenneth Jalr so n, Sr. at44-5 E6 j
111•
I
•
1
I
I
1
I 'I.!sirie':;ses : ..t.C1S1
1+.( ?•.. ._`Ti.Ii ff'::R;+)l'i • {P:;alts2ti;l.i'..s., 112II: I` L
•
rit;.; i�t� {it„ I- .Ll'tic, .,•11.(i:ll '!1 t-i_ 'I'�t; {Ltil .. .r;e:,ILi.
reements for
the performance of experimental, developmental, or research work shall provide #or the
rights of the Federal Government and the recipient in any resulting invention in accordance
with 37 CFR part 401., 'Rights to Inventions Made v (Nonprofit 0r7.::17ziratiors and Small
Business Firms Under Government Grants, Contracts and ,Cooperative Agreements", anct
any implementing regulations issued by the awarding agency.
6. Clean Air. Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33
USC 1251 et seq.),as amended Contracts and sub-grants of amounts in excess of 100,000
shall contain a provision that requires the''.tecipient to agree to comply with. all applicable
standards, orders or regulations issued pursuant to the 'Clean Air Act (42 USC 7401 et seq.)
and the Federal Water Pollution Control Act as amended (33 USC 1251 et seq.)'. Violations
shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA) '
7. Byr,, Anti-Lobbying Amendment (31 liSC 1352) - Contractors who apply or bid For an
award of$100,0000 .or more shall file the .'equired certification. Each tier certifies to the tier
above that it wilt not and has not used Federal appropriated- i' payany eer3re7 '
o{ganinat.t.'n o r i_af u?rDcin., or attempting to influe',rL ' an ,,.. r nr emplo yee of.
a m beer ber of cn "less, ;i;[ices or employee ofT o): anemplo
employee or a member or
Con ess rI
o te do` with s+ ,.iairs . any Federal ;OttAc;, grant or a�i� ... ul1' ## I
) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
I .
I
I rv_.7
City of On afla
I CONTRACTOR INFORMATION i FORM:
DATE: _ .PROJECT ADDRESS
I
OWNER INFORMATION: (To be tilled art by the C[ryoF Omaha)
IOWNER'S T a\,IE
OWNER'S ADDRESS
111 CIT'`C"fSTA.T E/ZIP CODE___ _
OWNER'S PHONE NU i[BER
I
RAL.TAX_ ED E �3 E.:rR: 1 .� T c .� [�. J_ >< < . t is
t j�y�-.,.i E R`�> E'E L'i E `� ENT IF IC�?T l"O��i .��[J�r. � �\;yT I! [�� �' �'`'�(R j [=� i[�{_!!.
T!}L ff,NVner[iL L ihc: ip(tuwi n,S:yliuna:
I - --- - I\FEN ( P IT e n ``-itii O NiA •1 Et
Ni.A Li li
1, . i:11C !:'sanpanv does not have a Federal T'±: [deatificali(3CI
�J!.irr1beC, rhea provide the Owaec` .S..)clali Security Number.) ,
IGE'`iTRAI CONTRACTOR LT FOR' fATIDiN
•
,_(i)\4P- ,i-c(„_: a.DD?ESS
CC;MP,-`i.'Gc PHONE .'IZ.rNfB L.R_-
•jttil.. j ••f .S P,yDE.a \..ii, !. .a''.": M ENT(F(C-A Trni,i N(_TNEEcR. NI:oN< <<?:ITY aq!.`0h V k T'[r`NI'
the comganv rre s O i inttowin ritens.
C,1 iN O Rd T Y Li "v 0 i\i f�.T. i
111 NIA Ill
CONTRACT . MOUNT:
SUBCONTRACTOR LIST: • '
."[ t; -•! I -- - ,..1�� _LJ. .,�`. .L��,_ ;ice ;1y,!. _ .
1 _ __-.- __ _ _ _-- . _ - __ - u`tt Lr
I - _ -' i:
3
John Leming, Purchasing Agent
444-}40r
Li17i_til tettatton,s Department Ia` ^mad }un D Le,.,Jr .4 LL.51
)ritract ._ ,111r
I
it:.l u' m=ac. armif.:t?f:
•
1
i tt tl t O sa ,11 1n. ;1' 1 :1'i.��i1. �/it[i ,.i!' lit✓ ('1t. JiTlia.ha. Lt
'i o u have T i 4 2 - l r r'eq! ' further assistancei +
any �. 1 S%7.UrtS t_t. .l�C�' 1 L., b. :C iQ. completing the application package,
please contact I)/lr. Kenneth Jalr so n, Sr. at44-5 E6 j
111•
I
•
1
I
I
1
I 'I.!sirie':;ses : ..t.C1S1
1+.( ?•.. ._`Ti.Ii ff'::R;+)l'i • {P:;alts2ti;l.i'..s., 112II: I` L
•
rit;.; i�t� {it„ I- .Ll'tic, .,•11.(i:ll '!1 t-i_ 'I'�t; {Ltil .. .r;e:,ILi.
reements for
the performance of experimental, developmental, or research work shall provide #or the
rights of the Federal Government and the recipient in any resulting invention in accordance
with 37 CFR part 401., 'Rights to Inventions Made v (Nonprofit 0r7.::17ziratiors and Small
Business Firms Under Government Grants, Contracts and ,Cooperative Agreements", anct
any implementing regulations issued by the awarding agency.
6. Clean Air. Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33
USC 1251 et seq.),as amended Contracts and sub-grants of amounts in excess of 100,000
shall contain a provision that requires the''.tecipient to agree to comply with. all applicable
standards, orders or regulations issued pursuant to the 'Clean Air Act (42 USC 7401 et seq.)
and the Federal Water Pollution Control Act as amended (33 USC 1251 et seq.)'. Violations
shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA) '
7. Byr,, Anti-Lobbying Amendment (31 liSC 1352) - Contractors who apply or bid For an
award of$100,0000 .or more shall file the .'equired certification. Each tier certifies to the tier
above that it wilt not and has not used Federal appropriated- i' payany eer3re7 '
o{ganinat.t.'n o r i_af u?rDcin., or attempting to influe',rL ' an ,,.. r nr emplo yee of.
a m beer ber of cn "less, ;i;[ices or employee ofT o): anemplo
employee or a member or
Con ess rI
o te do` with s+ ,.iairs . any Federal ;OttAc;, grant or a�i� ... ul1' ## I
) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
...
City or Omaha
S UBCONT RACT OR LIST:
(Continuation)
SUBCONTRACTOR TRADE FED f.D. *.-r-L 'TELEPHONE IMI7\10RITY
MINOR"-Ty
WOMAN •
CONTRACT AMOUNT: Nt A 111
SUBCONTRACTOR TRADE FED. ED ,4 TELEPHONE NID.fORITY INF
1.\/1M40R,IT'
[—I WO MAN
CONTRACT AMOUNT:.
N7
I
S CPU(.7 0 NITRACTO R. TRADE FED. C.D. g TELEPHONE it MINORITY
MfNORJT
wo \
CONTRACT
SUBCONTRACTOR TRADEFED ED. i# TELE e HON-E. g- !VINO RIM{ [Ni
F-1 w o N
CONTRACT AMOUNT: NIA
SUBCONTRACTOR TRADE FED I.D. TELEP E
Ej L\/1.P.:•q()R_LI'c
N •
CONTRACT UNT: H
C c.) _A.CT 0 R TRADE FED, ID. T EP EiinNI:7 !MINOR IT's[ INFO
Li Nim\i,
El o MAN
CONTRACT I NA
•
FED. ID. TFLEP .`•11::: -ma,10.R.IT V. INFO.
,VETh fr./RITA
01 A c•I' •
(2N-FR:\ Qyt0f..:-,ITEl
-
'T R -•
• , „
\f. -1,1!C •• ,
- _ -' i:
3
John Leming, Purchasing Agent
444-}40r
Li17i_til tettatton,s Department Ia` ^mad }un D Le,.,Jr .4 LL.51
)ritract ._ ,111r
I
it:.l u' m=ac. armif.:t?f:
•
1
i tt tl t O sa ,11 1n. ;1' 1 :1'i.��i1. �/it[i ,.i!' lit✓ ('1t. JiTlia.ha. Lt
'i o u have T i 4 2 - l r r'eq! ' further assistancei +
any �. 1 S%7.UrtS t_t. .l�C�' 1 L., b. :C iQ. completing the application package,
please contact I)/lr. Kenneth Jalr so n, Sr. at44-5 E6 j
111•
I
•
1
I
I
1
I 'I.!sirie':;ses : ..t.C1S1
1+.( ?•.. ._`Ti.Ii ff'::R;+)l'i • {P:;alts2ti;l.i'..s., 112II: I` L
•
rit;.; i�t� {it„ I- .Ll'tic, .,•11.(i:ll '!1 t-i_ 'I'�t; {Ltil .. .r;e:,ILi.
reements for
the performance of experimental, developmental, or research work shall provide #or the
rights of the Federal Government and the recipient in any resulting invention in accordance
with 37 CFR part 401., 'Rights to Inventions Made v (Nonprofit 0r7.::17ziratiors and Small
Business Firms Under Government Grants, Contracts and ,Cooperative Agreements", anct
any implementing regulations issued by the awarding agency.
6. Clean Air. Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33
USC 1251 et seq.),as amended Contracts and sub-grants of amounts in excess of 100,000
shall contain a provision that requires the''.tecipient to agree to comply with. all applicable
standards, orders or regulations issued pursuant to the 'Clean Air Act (42 USC 7401 et seq.)
and the Federal Water Pollution Control Act as amended (33 USC 1251 et seq.)'. Violations
shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA) '
7. Byr,, Anti-Lobbying Amendment (31 liSC 1352) - Contractors who apply or bid For an
award of$100,0000 .or more shall file the .'equired certification. Each tier certifies to the tier
above that it wilt not and has not used Federal appropriated- i' payany eer3re7 '
o{ganinat.t.'n o r i_af u?rDcin., or attempting to influe',rL ' an ,,.. r nr emplo yee of.
a m beer ber of cn "less, ;i;[ices or employee ofT o): anemplo
employee or a member or
Con ess rI
o te do` with s+ ,.iairs . any Federal ;OttAc;, grant or a�i� ... ul1' ## I
) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
4
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, bids were received on August 20, 2008 for the OPW 51533 P.T.-
SSD,PD Charles Place Overlot Grading- Phase IV Project being site preparation for new houses
at 19th and Charles Streets; and,
WHEREAS, Elkhorn West Construction, Inc. submitted a bid of $167,742.36,
being the lowest and best bid within the bid specifications for the OPW 51533 P.T.-SSD, PD
Charles Place Overlot Grading-Phase IV Project; and,
WHEREAS, Elkhorn West Construction, Inc. has complied with the City's
Contract Compliance Ordinance No. 28885 in relation to Civil Rights -Human Relations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the contract with Elkhorn West
Construction, Inc. for OPW 51533 P.T.-SSD, PD Charles Place Overlot Grading - Phase IV
Project being site preparation for new houses at 19th and Charles Streets in the amount of
$167,742.36 is hereby approved; and that the Finance Department is authorized to pay the cost
from the 2005 Economic Development Initiative Grant, Fund 12194 Organization 129156.
APPROVED AS TO FORM:
e'-A 7- z ,e
DEPUTY ITY ATTORNEY DATE
PLNLSF 1144-res
By..... ... .: ....... 4.1444-
/04001
Councilmember
Adopted, ` - S _ 9 6 2008 0
-1Za
City Clerk
Approved.. . ... . .. .:... .. ..
O
Mayor
)ritract ._ ,111r
I
it:.l u' m=ac. armif.:t?f:
•
1
i tt tl t O sa ,11 1n. ;1' 1 :1'i.��i1. �/it[i ,.i!' lit✓ ('1t. JiTlia.ha. Lt
'i o u have T i 4 2 - l r r'eq! ' further assistancei +
any �. 1 S%7.UrtS t_t. .l�C�' 1 L., b. :C iQ. completing the application package,
please contact I)/lr. Kenneth Jalr so n, Sr. at44-5 E6 j
111•
I
•
1
I
I
1
I 'I.!sirie':;ses : ..t.C1S1
1+.( ?•.. ._`Ti.Ii ff'::R;+)l'i • {P:;alts2ti;l.i'..s., 112II: I` L
•
rit;.; i�t� {it„ I- .Ll'tic, .,•11.(i:ll '!1 t-i_ 'I'�t; {Ltil .. .r;e:,ILi.
reements for
the performance of experimental, developmental, or research work shall provide #or the
rights of the Federal Government and the recipient in any resulting invention in accordance
with 37 CFR part 401., 'Rights to Inventions Made v (Nonprofit 0r7.::17ziratiors and Small
Business Firms Under Government Grants, Contracts and ,Cooperative Agreements", anct
any implementing regulations issued by the awarding agency.
6. Clean Air. Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33
USC 1251 et seq.),as amended Contracts and sub-grants of amounts in excess of 100,000
shall contain a provision that requires the''.tecipient to agree to comply with. all applicable
standards, orders or regulations issued pursuant to the 'Clean Air Act (42 USC 7401 et seq.)
and the Federal Water Pollution Control Act as amended (33 USC 1251 et seq.)'. Violations
shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA) '
7. Byr,, Anti-Lobbying Amendment (31 liSC 1352) - Contractors who apply or bid For an
award of$100,0000 .or more shall file the .'equired certification. Each tier certifies to the tier
above that it wilt not and has not used Federal appropriated- i' payany eer3re7 '
o{ganinat.t.'n o r i_af u?rDcin., or attempting to influe',rL ' an ,,.. r nr emplo yee of.
a m beer ber of cn "less, ;i;[ices or employee ofT o): anemplo
employee or a member or
Con ess rI
o te do` with s+ ,.iairs . any Federal ;OttAc;, grant or a�i� ... ul1' ## I
) through (7) of this section, "Equal Employment
Opportunity Clause,"and section 10-193 in every subcontract of purchase order so that such provisions will be
binding upon each subcontractor or vendor. I
A-8 PBE/DBE Doc 12/5/02 I
r
00,000). Bidders shall make every good faith
Bidders must comply with the requirements of these effort to meet said goal.
PBE/DBE specifications. By submitting his/her bid, I
each Bidder gives assurance that the contractor will 5. Bidders are informed that price alone does not
meet the City of Omaha's percentage goals set forth constitute an acceptable basis for rejecting
in the PBE/DBE specifications for participation by PBE/DBE bids unless the Bidder can demonstrate
Protected and/or Disadvantaged Business that no reasonable price can be obtained from a I
A-2 PBE/DBE Doc.12/5/02 I
I
hall result in the bid being rejected by the City of Omaha_
were contacted;
(2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be
performed;and,
(3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were
not reached_
e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period
before bids are due;
f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in
sufficient time to allow the PBE/DBEs to participate effectively;
0 can d `. nc�,,, c0O °
�'
tv n �•� co cn o O war,
® v) o 0 o 5 °.• cta. w o 0
"Gi T i \ 0 'a"
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h. a. 0. UQ P (1) C/)
2,
74 n �. o� �. c"D 'ti7 � C� a
O CD r* M.P 0 n CAD
0 � � 0
I). ar 6-,s'' \
n • - N � E 9 '1: °
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•
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\..\
22 1. 7"20 5
17f. b Carter, r DeDatli ti) :S1 mai 8uiiess
S Corps E,n Tater.;
2.1 5 North I rh Street
• Omaha. NE 68 1Y,1
'2.t -4 L
•
•
--