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RES 2008-0399 - Agmt with Thiele Geotech Inc for asphalt material testing F g�4 kl t `�,� ' Public Works Department Wirt3 N Omaha/Douglas Civic Center ' w March 18, 2008 1819 Farnam Street,Suite 601 �� ro Omaha,Nebraska 68183-0601 4 C. ^t 1 (402)444-5220 rFn rrcaR`' Y . ,( Fax(402)444-5248 City of Omaha t , , t" Robert G.Stubbe,P.E. Mike Fahey,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an Agreement with Thiele Geotech, Inc. for asphalt material testing, inspection, and project management services for street resurfacing and rehabilitation projects from February, 2008 to December 31, 2008. The scope of work and costs are detailed in Exhibit "D", "E" and "F" of the Agreement. The services will be used as needed for the major street resurfacing projects in 2008. The maximum to be paid under this contract is $350,000. All costs under this contract will be paid from the City Street Maintenance Fund 12129, Major Street Resurfacing Organization 116159, year 2008 expenditure. Thiele Geotech, Inc. has filed the required Annual Contract Compliance Report, Form, CC-1, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: /O,'6 7 obert G. Stubbe, P.E. Date Mayor's Office Date ublic Works Director Approved as to Funding: Approved: 162e 3/1�op Carol A. Ebdon Date Gail Kinsey T ompson Date Finance Director0 Human Rights and Relations Director 1036hxf taken from the completed asphalt pavement at a minimum rate of one-(1)'core per every third paved block, estimate one hundred (100) cores total during the execution of the contract; and • Periodic monitoring of asphalt production facilities supplying asphalt materials to the projects by the Project Manager or an Engineering Technician to observe plant operations and material storage and processing. Compensation for materials testing and plant monitoring services shall be on the following basis: • Laboratory and field testing of asphalt, concrete, and subgrade materials and development of maturity curves shall be based upon the approved Construction Testing Services Fee Schedule for 2008; and • Plant monitoring shall be based upon the employee classification and corresponding hourly billing rate. Asphalt Materials Testing,Inspection,and Project Management Page 4 of 4 City of Omaha 2008 Resurfacing Program ugh (7) herein, including penalties and sanctions for noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the city, the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate 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 complianpe 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. ds unless the Bidder can demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to meet the PBE/DBE goal or to show reasonable efforts to that end will, in the City of Omaha's discretion, constitute sufficient ground for bid rejection. Such reasonable efforts may include,but are not limited to, some or all of the following: 2of6 June 2002 http://www.whitehouse.gov/omb/circulars/a122/a122 2004.html 7/19/2006 he patent or copyright. (2)The oatent or coovrioht has been adiudicated to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) MATERIAL ENGINEERING & TESTING SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 28th day of February, 2008, by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the "City"), and Thiele Geotech, Inc. (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. PROJECT NAME AND DESCRIPTION ASPHALT MATERIAL TESTING, INSPECTION & PROJECT MANAGEMENT II. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in the Proposal attached hereto, for the City, relative to the above-referenced project which is illustrated in Exhibit "D" attached hereto. Such services shall be completed on an on-call basis as requested by the City field representative or project engineer. B. Provider designates Steven D. Weidenhammer, P.E. whose business address and phone number are 13478 Chandler Road; Omaha, Nebraska- 68138-7831, (402) 556-2171 as its project manager and contact person for this project. C. Provider agrees to maintain records and accounts, including personnel, financial and property records, sufficient to identify and account for all costs pertaining to the project and certain other records as may be required by the City to assure a proper accounting for all project funds. These records shall be made available to the City for audit purposes and shall be retained fora period of five(5)years after the expiration of this Agreement. D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all compensated providers, employees, and subcontractors. E. Provider agrees to provide services from February 28, 2008, to December 31, 2008, when and as directed by the City. At the end of the initial term, Provider shall submit a revised rate schedule to the City for their review and approval. If both parties agree to these changes,the City shall have the option of extending this agreement on an annual basis for the period from December 31, 2008 to December 31,2011. III. DUTIES OF CITY A. City designates James W. Beck CET whose business address and phone number are 5225 Dayton Street, Omaha Nebraska 68117, 402-444-5145 as its contact person for this project, who shall provide a notice-to proceed and such other written authorizations as are necessary to commence for proceed with the project and various aspects of it. IV. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Service, shall be performed on an hourly or unit price basis, but in no event shall exceed$350,000.00. B. Reimbursable expenses shall be billed to the City by the Provider. Page 4 of 4 City of Omaha 2008 Resurfacing Program ugh (7) herein, including penalties and sanctions for noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the city, the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate 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 complianpe 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. ds unless the Bidder can demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to meet the PBE/DBE goal or to show reasonable efforts to that end will, in the City of Omaha's discretion, constitute sufficient ground for bid rejection. Such reasonable efforts may include,but are not limited to, some or all of the following: 2of6 June 2002 http://www.whitehouse.gov/omb/circulars/a122/a122 2004.html 7/19/2006 he patent or copyright. (2)The oatent or coovrioht has been adiudicated to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • C. INCREASE OF FEES The parties hereto acknowledge that, as of the date of the execution of the Agreement, Section 10- 142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increase the original fee as awarded (a) by ten percent, if the original fee 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. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the city council. The provisions of this section will be quoted in all future city contracts. Nothing in this section is intended to alter the authority of the mayor under section 5.16 of the Charter to approve immediate purchases. V. OWNERSHIP All plans and specifications provided pursuant to the terms of this Agreement, including, but not limited to, reproducible mylars, shall be and become the property of the City. No additional compensation shall be due the Provider from the City for such plans. However, if the plans are re-utilized on projects other than those noted above, by the City, the City agrees to first contact the Provider to contract with the Provider for any required adaptations, contingent upon the negotiation of a fee for this service acceptable to both the City and the Provider. VI. ADDITIONAL SERVICES In the event additional services for the aforementioned project not covered under this Agreement are required, Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS Provider shall carry professional liability insurance in the minimum amount of one half million dollars and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VIII. INDEMNIFICATION (1) To the fullest extent permitted by law, the Provider shall indemnify and hold harmless the City, its agents and employees, their successors and assigns, individually and collectively, from and against all claims, suits, damages, fines, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the provision of services under this Agreement, provide that such claim, suit, damage, fine, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the Provider, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable, regardless of whether or not such claim, suit, damage, fine, loss or expense is caused in part by a party indemnified hereunder such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph. ted 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 complianpe 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. ds unless the Bidder can demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to meet the PBE/DBE goal or to show reasonable efforts to that end will, in the City of Omaha's discretion, constitute sufficient ground for bid rejection. Such reasonable efforts may include,but are not limited to, some or all of the following: 2of6 June 2002 http://www.whitehouse.gov/omb/circulars/a122/a122 2004.html 7/19/2006 he patent or copyright. (2)The oatent or coovrioht has been adiudicated to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) Any reuse of the plans or specifications by the City on another project, without the consent of the Provider, will be the sole responsibility of the City, for which this indemnity shall not apply. (2) In claims against any person or entity indemnified under this paragraph by an employee of the — — Provider, anyone directly or indirectly employed by- it, or anyone for whose acts it may-be liable; the indemnification obligation under this paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Provider under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. IX. TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option, its property. X. GENERAL CONDITIONS A. Non-discrimination. Provider shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sec, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89, political or religious opinions, affiliations or national origin. B. Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected-official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; he further covenants that in the performance of this Agreement, no person having any such interest shall be employed. F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. G. Modification. This Agreement contains the entire Agreement of the parties. No representations were made or relied upon by either party other than those that are expressly sat forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. e 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 complianpe 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. ds unless the Bidder can demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to meet the PBE/DBE goal or to show reasonable efforts to that end will, in the City of Omaha's discretion, constitute sufficient ground for bid rejection. Such reasonable efforts may include,but are not limited to, some or all of the following: 2of6 June 2002 http://www.whitehouse.gov/omb/circulars/a122/a122 2004.html 7/19/2006 he patent or copyright. (2)The oatent or coovrioht has been adiudicated to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) { H. Assignment. The Provider may not assign its rights under this Agreement without the express prior written consent of the City. I. Strict Compliance. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except-upon written-direction from authorized representative. J. Equal Employment Opportunity Clause. Annexed hereto as "A,""B," "C,""D" and "E" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibits "A," "B," "C," "D" and "E" to "Contractor" shall mean "Provider". Refusal by the Provider to comply with any portion of this program as therein stated and described will subject the offending party to any or all of the following penalties: (1) Withholding of all future payments under the involved contracts to the Provider in violation until it is determined that the Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or_ divisions until such time as the provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. EXECUTED this 28th day of February , 2008 . /7 Thiele Geotech, Inc. Provider By ATTEST even D. Weidenhammer Senior Consultant-Principal (Title) EXECUTED this � _day of MeIAG4 , 2061 . CITY OF OMAHA, A Municipal Corporation BY )14.4.44 A T ST - Mayor' APPROVEDAS TO F --1' ..._, t''' L 1 .1)4k scgaZet Assistant City Attorney is Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected-official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; he further covenants that in the performance of this Agreement, no person having any such interest shall be employed. F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. G. Modification. This Agreement contains the entire Agreement of the parties. No representations were made or relied upon by either party other than those that are expressly sat forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. e 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 complianpe 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. ds unless the Bidder can demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to meet the PBE/DBE goal or to show reasonable efforts to that end will, in the City of Omaha's discretion, constitute sufficient ground for bid rejection. Such reasonable efforts may include,but are not limited to, some or all of the following: 2of6 June 2002 http://www.whitehouse.gov/omb/circulars/a122/a122 2004.html 7/19/2006 he patent or copyright. (2)The oatent or coovrioht has been adiudicated to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • Protected and/or Disadvantaged Business Checklist Items Listed Below must be submitted with Bid: l. 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. 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. Telephonic verifications will not be accepted. 3. n If you have not met the P.BE/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.) 4. 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. 3/14/03 r Senior Consultant-Principal (Title) EXECUTED this � _day of MeIAG4 , 2061 . CITY OF OMAHA, A Municipal Corporation BY )14.4.44 A T ST - Mayor' APPROVEDAS TO F --1' ..._, t''' L 1 .1)4k scgaZet Assistant City Attorney is Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected-official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; he further covenants that in the performance of this Agreement, no person having any such interest shall be employed. F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. G. Modification. This Agreement contains the entire Agreement of the parties. No representations were made or relied upon by either party other than those that are expressly sat forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. e 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 complianpe 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. ds unless the Bidder can demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to meet the PBE/DBE goal or to show reasonable efforts to that end will, in the City of Omaha's discretion, constitute sufficient ground for bid rejection. Such reasonable efforts may include,but are not limited to, some or all of the following: 2of6 June 2002 http://www.whitehouse.gov/omb/circulars/a122/a122 2004.html 7/19/2006 he patent or copyright. (2)The oatent or coovrioht has been adiudicated to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) 1 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 1.0% of the dollar volume of the applicable contracts awarded by the city. Other benefits include the authority, (but not a requirement), 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. rovider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; he further covenants that in the performance of this Agreement, no person having any such interest shall be employed. F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. G. Modification. This Agreement contains the entire Agreement of the parties. No representations were made or relied upon by either party other than those that are expressly sat forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. e 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 complianpe 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. ds unless the Bidder can demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to meet the PBE/DBE goal or to show reasonable efforts to that end will, in the City of Omaha's discretion, constitute sufficient ground for bid rejection. Such reasonable efforts may include,but are not limited to, some or all of the following: 2of6 June 2002 http://www.whitehouse.gov/omb/circulars/a122/a122 2004.html 7/19/2006 he patent or copyright. (2)The oatent or coovrioht has been adiudicated to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) UTILIZATION OF Bidder gives assurance that the contractor will PROTECTED AND/OR DISADVANTAGED meet the City of Omaha's percentage goals set BUSINESS ENTERPRISES forth in the PBE/DBE specifications for participation by Protected and/or Disadvantaged Business Enterprises in the performance of any A. Protected and/or Disadvantaged Business Enterprise contract resulting from this solicitation or, as an (PBE/DBE) Participation Contract Specifications alternative, that the contractor has made or will Pursuant to City of Omaha Contract Compliance make good faith efforts toward meeting the Ordinance. PBE/DBE goals, and will demonstrate to the City of Omaha's satisfaction that the contractor 1. It is the policy of the City of Omaha that has made such efforts. Bidders must submit Protected and/or Disadvantaged Business with their bids, on the form set forth in the Enterprises shall have the maximum practicable PBE/DBE specifications, the names, respective opportunity to participate in the City of Omaha scope of work, and the dollar values of each projects. Consequently, the PBE/DBE PBE/DBE subcontractor that the Bidder requirements of Contract Compliance Ordinance proposes for participation in the contract work. apply to this solicitation. In this regard, the In any case, Exhibits "A" and "B" must be Contractor to whom any award of this solicitation submitted with the bid. If the information so is made shall take all necessary and reasonable submitted indicates that the City of Omaha goals steps in accordance with this solicitation to will not be met, the Bidder shall submit good ensure that Protected and/or Disadvantaged faith efforts documentation with their bid. The Business Enterprises have the maximum evidence must show to the City of Omaha's opportunity to participate in the Contract. The satisfaction that the bidder has in good faith Contractor shall not discriminate on the basis of made every reasonable effort, in the City of race, color, national origin, sex, religion, age or Omaha's judgment, to meet such goals. If any disability in the award or performance of any bidder fails to submit, with the bid, the required contract or subcontract resulting from or relating information concerning PBE/DBE participation, to this solicitation. Failure to carry out the pre- or if, having failed to meet the City of Omaha's award requirements of these PBE/DBE goals or fails to demonstrate to the City of specifications will be sufficient ground to reject Omaha's satisfaction the bidder's good faith the Bid. Failure of the Contractor to carry out the efforts to do so, the City of Omaha may, in its requirements of the PBE/DBE specifications discretion, reject the bid. shall constitute a material breach of the contract and may result in termination of the contract. 3. Protected and/or Disadvantaged Business The Contractor shall use its best efforts to carry Enterprise Goals. Bidders are hereby informed out the PBE/DBE policy consistent with efficient that pursuant to Sec. 10-200 and Executive performance on the project. Order No. F-11-02 the City of Omaha has a PBE Participation goal of no less than 13% and a 2. Bidders are hereby informed that the City of DBE participation goal of no less than 10% of Omaha has established goals for the participation the dollar volume of all the contracts that it of Protected and/or Disadvantaged Business awards. All bidders shall make every good faith Enterprise in all contracts that it awards. effort to meet said goals. Subcontracts awarded, by the Bidder that is successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) Bidders shall make every good faith effort to sufficient time to allow the PBE/DBEs to meet said goal. participate effectively; 5. Bidders are informed that price alone does not g. Concerning each PBE/DBE the Bidder constitute an acceptable basis for rejecting contacted but rejected as unqualified, the PBE/DBE bids unless the Bidder can _reasons for the Bidder's conclusion; demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to h. Efforts made to assist the PBE/DBEs meet the PBE/DBE goal or to show reasonable contacted that needed assistance in efforts to that end will, in the City of Omaha's obtaining bonding, lines of credit, or discretion, constitute sufficient ground for bid insurance required by the Bidder or the City rejection. Such reasonable efforts may include, of Omaha; but are not limited to, some or all of the following: i. Designation, in writing, of a liaison officer who administers the Bidder's Protected a. Attendance at the pre-bid conference, if any; and/or Disadvantaged Business Enterprise utilization program; b. Follow-up of initial solicitations of interest by contacting PBE/DBEs to determine with j. Expansion of search for PBE/DBEs to a certainty whether .the PBE/DBEs are wider geographic area than the area in interested; which the Bidder generally seeks subcontractors if use of the customary c. Efforts made to select portions of the work solicitation area does not result in meeting (including where appropriate, breaking down the goals by the Bidder; and, contracts into economically feasible units) proposed to be performed by PBE/DBEs in k. Utilization of services of available protected order to increase the likelihood of achieving community organizations, protected the PBE/DBE goals; contractor's group, local, state, and federal minority business assistance offices, and d. Efforts to negotiate with PBE/DBEs for other organizations that provide assistance in specific sub-bids, including at a minimum: the recruitment and placement of PBE/DBEs. (1) The names, addresses, type of work to be 6. The Bidder must comply with the following: subcontracted, and telephone numbers of PBE/DBEs that were contacted; a. Prior to award of this Contract all Bidders (2) A description of the information shall submit Exhibit "A", Protected and/or provided to PBE/DBEs regarding the Disadvantaged Business Disclosure plans and specifications for portions of Participation Form. Exhibit "A" must be the work to 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 the PBE/DBE subcontractor to the additional prospective agreements with Bidder or other verification in writing from PBE/DBEs needed to meet the stated the PBE/DBE subcontractor that said goals, were not reached. subcontractor has agreed to perform the subcontracting work identified in the bid e. Advertisement in general circulation media, submitted by the Bidder. trade association publications, and protected- focus media for a reasonable period before b. If Bidder fails to meet the goals set forth bids are due; above, Good Faith Efforts Documentation must be submitted with bid. f. Notification, in writing, to a reasonable number of specific PBE/DBEs that their c. Also, prior to award of this contract all Bidders must submit Exhibit "B" Contractor interest in contract work is solicited, in employment data form with the bid. itation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • with respect to the Protected and/or d. The Bidder and any of its subcontractors that Disadvantaged Business Enterprise which the • have been designated by the Bidder as PBE Human Relations Department may from time to and/or DBE must have been approved as time conduct. such by the Human Relations Department prior to bid opening on the project. - B.- PBE/DBE Reporting and Record-- Keeping - — e. After bid opening and during contract Requirements. performance, Bidders and the Contractor, as the case may be, are required to make every 1. The Contractor shall submit periodic reports reasonable effort to replace a PBE/DBE of contracting with Protected and/or subcontractor that is determined to be unable Disadvantaged Business Enterprises in such to perform successfully or is not performing form and manner and at such time as satisfactorily, with another PBE and/or DBE, prescribed by the City of Omaha (Exhibit C prior to substituting such PBE/DBE, the is currently required to be submitted within Contractor shall seek approval from the 10 calendar days following the end of each Human Relations Department. The City of calendar quarter, from the start of the Omaha's Human Relations Department Director or a designee, shall approve all prior project). substitutions in writing in order to ensure that the substituted firms are bona fide 2. The- Contractor and subcontractors -shall PBE/DBEs. permit access to their books, records, and accounts by the Human Relations Director f. In the event of the Contractor's non- or a designated representative for purpose of compliance with the Protected and/or investigation to ascertain compliance with Disadvantaged Business Enterprise these specified requirements. Such records requirements of this Contract, the City of shall be maintained by the Contractor in a Omaha shall impose such contract sanctions fashion that is readily accessible to the City as it may determine to be appropriate, including, but not limited to: of Omaha for a minimum of three years following completion of this Contract. (1) Rejection of the Bid (2) Withholding of payments to the 3. To ensure that all obligations under any Contractor until the Contractor complies; contract awarded as a result of this bid and/or solicitation are met, the City of Omaha will conduct specific reviews of the Contractor's (3) Cancellation, termination or suspension PBE/DBE involvement efforts during of the Contract, in whole or in part; or contract performance. The Contractor shall (4) Any other penalty set forth in the City of bring to the attention of the Human Omaha's Contract Compliance Relations Director any situation in which Ordinance. regularly scheduled progress payments are not made to PBE/DBE subcontractors. 7. For the information of Bidders, Contract Compliance Ordinance outlines the City of In submitting its bid, the Bidder is certifying that it Omaha's rules, guidelines and criteria for (a) has contacted City of Omaha Human Relations making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. 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 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of the Bidder/Contractor's procedures and practices by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) 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, 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 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • 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 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(%) NONE TO LIST 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 will be subject to the terms of any future Contract Awards. Signature // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) 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 Date Force Class Black Hispanic Islander Native Black Hispanic Islander Native White 2/28/08 50 10 0 0 2 0 0 0 0 0 8 *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: Thiele Geotech, Inc. February 28, 2008 (Date of Signing) Signature: Michael F. Gerdes Senior Vice-President 0.1eitz,VAAL.- (Print Name) (Title) (Signature) 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 will be subject to the terms of any future Contract Awards. Signature // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) 1 EXHIBIT "C" QUARTERLY REPORT ON PROTECTED AND/OR DISADVANTAGED BUSINESS ENTERPRISES - - --(This form must be submitted within10 calendar days-of-the end of each calendar- - — -- quarter, from the start of the project.) Company Name: Thiele Geotech, Inc. (Vendor ID # 3962) Project Number: PO 1140932 for protects OPW 51257 & OPW 51316 Project Name: Asphalt and Materials Testing, Inspection and Project Management for STR Projects Contract Amount: $325,000 (Thiele project numbers 07106 series and 07209 series) Calendar Quarter Covered by this Report: 1st 3rd — 2nd X 4th Year 2007 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 and/or Disadvantaged Dollars Paid During Dollars Paid Since Business Enterprise Work Assignment Dollars Committed Quarter (NTP)to Date NONE PBE/DBE GOAL OF 0% ions Department at(402)444-5055. (PLEASE PRINT LEGIBLY OR TYPE) Firm's Name: Thiele Geotech, Inc. February 28, 2008 (Date of Signing) Signature: Michael F. Gerdes Senior Vice-President 0.1eitz,VAAL.- (Print Name) (Title) (Signature) 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 will be subject to the terms of any future Contract Awards. Signature // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) EXHIBIT "D" - ASPHALT PLANT INSPECTION GENERAL The LABORATORY shall provide the services as outlined in this Exhibit at various plant locations as designated by the City of Omaha, Said services shall be performed by the LABORATORY with the written approval of the CITY acting through its Public Works Department. A Project Manager, designated by the City Engineer or his representative, shall coordinate the services to be provided by the LABORATORY. The LABO.RATORY shall meet the requirements of ASTM D 3666 which requires that the LABORATORY be accredited by a nationally recognized laboratory accreditation organization. These services shall include, but not be limited to,plant and equipment inspection, and material quality assurance, 1. PERSONNEL, TRANSPORTATION, AND EQUIPMENT 1.1 The LABORATORY shall provide an inspection team for each plant location. The minimum personnel required per inspection team shall.include: One Asphalt Plant Inspector (Certified Level II-Asphalt) and one PIant Aid (Certified Level I-Asphalt). The LABORATORY shall provide the Public Works Department with an outline of their in-house training and certification program, conforming to the minimum qualifications as outlined in Exhibit "B" of this Agreement. Personnel changes shall • only be made with the prior approval of the Project Manager, 1.2 The LABORATORY shall provide adequate transportation to convey personnel, equipment,and supplies to and from the assigned plant location. 1.3 The LABORATORY shall provide each plant location with all equipment necessary to perform the tests as specified in Section 5 of this Exhibit, and all required supplies (i.e. chemicals, filters, etc.) to perform these tests. 2. FIELD LABORATORY 2.1 The LABORATORY shall have available for its exclusive use and control, a suitable field laboratory facility. This facility, located at the plant site and of sufficient size and type to permit the performance of the tests as specified herein, shall be provided for the LABORATORY by the Contractor. All utility costs (i.e.. water, power, fuel, etc.) resulting from the operation of this facility shall be paid by the Contractor. 3. PROCEDURE 3.1 The LABORATORY shall review the contract documents for adequacy of required materials data. All inquiries regarding this data shall be directed to the Public Works Department Construction Engineer for clarification. • 3.2 The LABORATORY shall attend the preconstru.ction conference and other scheduled conferences as directed by the Project Manager. 3.3 The LABORATORY shall immediately report to the Project Manager all variations beyond the specified allowable tolerances encountered during the asphaltic concrete production. Changes in job-mix design shall not be made without written authorization from.the Project Manager. • 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 // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • 3.4 The LABORATORY shall inspect, for contract compliance, all production and hauling equipment within ten (10) days after receipt of this "Notice to Proceed." Inspection for contract compliance shall.include (l) plant design and calibration, (2) review of material certification certificates, and (3) inspection of paver, haul trucks, distributor, rollers, and hand tools. 4. METHODS • 4.1 The Plant Inspectors shall review with the Project Manager at the beginning of each workday the daily plant and test reports of the previous production day. Plant Inspectors shall also report during the day as necessary to coordinate activities on the • project and the plant. 4.2 A copy of the daily inspection worksheets shall be available at the field laboratory facility for the review of the Project Manager. These worksheets shall summarize the - results of all tests performed during the previous production day and shall include the • following general information: (1) date, (2)project number and location, (3)name and classification of testing personnel, (4)reporting and departure time(hours worked at the plant), (5) temperature and general weather condition. Inspection team hours shall be verified daily by the Project Manager or his authorized representative. • 4.3 Unless otherwise directed by the Project Manager, Asphalt Plant Inspection shall include the following: 4.3,1 Haul Equipment Inspection * Verify tare weights(full fuel, less operator) every truck,minimum weekly report to Project Manager. * Inspection of dump boxes. (I--Iave acceptable covers,free from cracks, holes,or dents.) * Inspect carrier for leaks (oil, fuel,hydraulic fluids,etc.). * Inspect and approve method of cleaning dump boxes. * Assure accuracy of weight tickets, sign first ticket and initial tickets throughout the day,minimum hourly, sign last load of the day, * Check material temperature while loading. Write temperature on ticket to • be given to field inspector,minimum hourly. 4.3.2 Scale Inspection • * IIas current State of Nebraska Department of Agriculture approval. * Scale in accordance with contract specifications. * Platform kept clean and free of debris. 4.3.3 Plant Inspection * Calibrate all scales and gates and check daily. * Inspect material handling equipment, * Monitor material proportioning, drying,feeding, and mixing. 3 The LABORATORY shall immediately report to the Project Manager all variations beyond the specified allowable tolerances encountered during the asphaltic concrete production. Changes in job-mix design shall not be made without written authorization from.the Project Manager. • 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 // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • 4.3.4 Material Inspection - - Inspect-raw materials • * Inspect end product * Maintain material certification file following construction, submit file to Project Engineer. * Perform material tests (frequency as stated in Section 5). * Record and maintain representative samples of asphaltic cement. 5. FREQUENCY OF SAMPLING AND TESTING 5.1 AsphaItic Cement(ASTM D946 or ASTM D3381)-Every 2,500 tons of production. 5.1.1 Viscosity(ASTM D2171)or Penetration(ASTM D5)-Every 500 tons of production. 5.2 Cut back Asphalt(AASHTO M81,M82,M141, as applicable)every 10,000 gallons. 5.3 Asphaltic Emulsions (AASHTO M140,M208, as applicable) every 10,000 gallons. 5.4 Asphaltic Concrete 5.4.1 Extraction (ASTM D2172, Method "A") and Gradation (ASTM D5444) every 500 tons of production or a minimum of one (1) per fora. (4) hours. Alternate procedure Ignition Binder(AASHTO Ignition Method 1) 5.4.2 Marshall Stability and Unit Weight (ASTM D1559) set every 500 tons of production or a minimum of one(1)per four(4)hours. 5.4.3 Gyratory Unit Weight (Al1SHTO pp28 set every 500 tons of production or a minimum of one(1)per four(4)hours. 5.4,4 Hot Bin or Cold Bin Sieve Analysis (AASHTO T27 and T11), a minimum of one per four(4)hours of production. 5.4.5 Moisture in Aggregate (ASTM C127 or C128 as.applicable), a minimum of one per four(4)hours of production for each aggregate type used. 5.4.6 Unit Weight of Field Sample(ASTM D2726)every 500 tons of production. • NOTE: Tests specified in 5.4.1, 5.4.2, 5.4.3, and 5.4.4 of this Subsection shall be perforir ed at the field laboratory facility. dents.) * Inspect carrier for leaks (oil, fuel,hydraulic fluids,etc.). * Inspect and approve method of cleaning dump boxes. * Assure accuracy of weight tickets, sign first ticket and initial tickets throughout the day,minimum hourly, sign last load of the day, * Check material temperature while loading. Write temperature on ticket to • be given to field inspector,minimum hourly. 4.3.2 Scale Inspection • * IIas current State of Nebraska Department of Agriculture approval. * Scale in accordance with contract specifications. * Platform kept clean and free of debris. 4.3.3 Plant Inspection * Calibrate all scales and gates and check daily. * Inspect material handling equipment, * Monitor material proportioning, drying,feeding, and mixing. 3 The LABORATORY shall immediately report to the Project Manager all variations beyond the specified allowable tolerances encountered during the asphaltic concrete production. Changes in job-mix design shall not be made without written authorization from.the Project Manager. • 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 // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) 6. BASIS OF PAYMENT 6.1—Services provided-under this-Exhibit shall be compensated-for-at the rate of$(Do not fill in amount) per inspection team hour. Minimum of two (2) team hours per day. If the team is required to work overtime(beyond eight(8)hours in a given day),the rate will be$(Do not fill in amount) per inspection team overtime hour. These rates to include all transportation, equipment, and supplies necessary to perform the services herein. Team hours computed for payment will be the number of hours between sign-in of the initial load weighed and the sign-out of the final load delivered to the project. (See Section 4.3.1(e)above.) 6.2 The attendance. at scheduled project conferences (i.e., preconstruction conference, etc.) and related professional services shall be compensated for at the unit rates as specified in Subsection 5.1 of Exhibit "A" of this Agreement. 6.3 The plant and equipment inspection, materials sampling, and performance of testing in the _. field laboratory as specified here shall not be compensated for directly but shall be considered incidental to the rate as specified in Subsection 6.1 of this Exhibit. 6.4 The performance of tests not performed in the field laboratory as specified in Section 5 of this Exhibit shall be compensated for at the unit rates as specified in Exhibit "A" of this Agreement. • • • • • • • • , a minimum of one per four(4)hours of production for each aggregate type used. 5.4.6 Unit Weight of Field Sample(ASTM D2726)every 500 tons of production. • NOTE: Tests specified in 5.4.1, 5.4.2, 5.4.3, and 5.4.4 of this Subsection shall be perforir ed at the field laboratory facility. dents.) * Inspect carrier for leaks (oil, fuel,hydraulic fluids,etc.). * Inspect and approve method of cleaning dump boxes. * Assure accuracy of weight tickets, sign first ticket and initial tickets throughout the day,minimum hourly, sign last load of the day, * Check material temperature while loading. Write temperature on ticket to • be given to field inspector,minimum hourly. 4.3.2 Scale Inspection • * IIas current State of Nebraska Department of Agriculture approval. * Scale in accordance with contract specifications. * Platform kept clean and free of debris. 4.3.3 Plant Inspection * Calibrate all scales and gates and check daily. * Inspect material handling equipment, * Monitor material proportioning, drying,feeding, and mixing. 3 The LABORATORY shall immediately report to the Project Manager all variations beyond the specified allowable tolerances encountered during the asphaltic concrete production. Changes in job-mix design shall not be made without written authorization from.the Project Manager. • 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 // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) EXHIBIT "E" - QUALIFICATION OF INSPECTION AND TESTING • PERSONNEL 1. INTRODUCTION 1.1 Scope - This standard was derived from the American National Standard (ANSI) N45.2.6-1973 as preferred and recognized to be the most complete by the American Society for Quality Control (ASQC). This standard delineates the qualifications of personnel who perform inspection and testing activities. The requirements of this standard apply to personnel who perform inspections or tests; or who participate in the approval of procedures, the handling of data or test results, or the control of reports and records. 1.2 Applicability - The requirements apply to the personnel of any organization that participates in construction including personnel of the owner; architect-engineers; or outside testing agencies and consultants. The extent to which the individual requirements of this standard apply will depend upon the nature and scope of the work to be performed and the importance of the item or service involved. The requirements are to be applied in both the selection and the utilization of those personnel who perform inspection and testing activities that are intended to achieve and assure quality construction or to verify conformance to quality requirements. 1.3 Responsibility - It is the responsibility of each organization to assure that only those personnel within their respective organization who meet the requirements of this standard are permitted to perform inspection and testing activities that result in or assure the attainment of quality. The organization or organizations responsible for establishing the applicable requirements for individuals performing activities covered by this standard shall be identified and the scope of their responsibility shall be documented. The work of establishing selection and.training practices and certification procedures and providing the resources in terms of personnel, equipment, and services necessary to implement the requirements of this standard may be delegated to other organizations and such delegations shall also be documented. It is the responsibility of each organization using personnel covered by this standard to comply with the specifications issued for the project and to conform to the requirements of this standard applicable to his work. It is the responsibility of the organization performing these activities to specify the detailed methods and procedures unless they are specified in the contract documents. 1.4 Definitions - The following definitions are provided to assure a uniform understanding of selected terms as they are used in this standard. . l immediately report to the Project Manager all variations beyond the specified allowable tolerances encountered during the asphaltic concrete production. Changes in job-mix design shall not be made without written authorization from.the Project Manager. • 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 // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • 1.4.1 CERTIFICATION (Personnel) - The action of determining, verifying, or testing in writing to the qualifications of personnel. 1.4.2 INSPECTION - A phase of quality control which by means of examination, observation, or measurement determines the conformance of materials, supplies, components, parts, appurtenances, systems, processes, or structures to predetermined quality requirements. 1.4.3 QUALIFICATIONS - The characteristics or abilities gained through training or experience, or both, that enable an individual to perform a required function. 1.4.4 QUALITY ASSURANCE - All those planned and systematic actions necessary to provide adequate confidence that an item or a facility will perform satisfactorily in service. 1.4.5 QUALITY CONTROL - Those quality assurance actions that provide a means of control and measure the characteristics of an item, process, or facility to established requirements. 1.4.6 TESTING - The determination or verification of the capability of an item to meet specified requirements by subjecting the item to a set of physical, chemical, environmental, or operating conditions. 1.4.7 Other terms and their definitions are contained in ANSI N45.2.10, Quality Assurance Terms and Definitions. 2. GENERAL REQUIREMENTS 2.1 Certification - Each person who verifies conformance of work activities to quality requirements shall be certified by his employer as being qualified to perform his assigned work. This certification shall be supported by appropriate measures such as education or training, testing, evaluation, and periodic review to assure the initial and continued proficiency of each person. The effective period of certification shall be established and at the end of the effective period of certification, each individual shall be recertified in accordance with the requirements of this standard. 2.1.1 TRAINING - Training programs shall include indoctrination of personnel with the technical objectives of the project; the codes and standards that are to be used; and the quality assurance elements that are to be employed, with guidance regarding their limitations and capabilities. On-the-job participation shall also be included in the program, with emphasis on firsthand experience gained through actual performance of processes, tests, examinations, and inspections. 2.1.2 TESTING. In accordance with the requirements of the in-house training and certification program, tests shall be devised for determining the capability and proficiency of personnel who perform inspection and testing activities and each person who performs these activities shall be tested to demonstrate his capability. The results of these tests shall be documented and placed in the personnel file (see paragraph 5) and shall be considered in the evaluation described in paragraph 2.1.3. ition 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 // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • 2.1.3 EVALUATION OF PERFORMANCE. The job performance of inspection and testing personnel shall be evaluated initially and at periodic intervals not to exceed two years, and the results of each evaluation shall be reviewed to determine the capability of the individual. If it is determined that the capabilities- of- an -individual- -are not in accordance with the qualifications specified for the job, that person shall be removed from operations until such time as he has been trained in the needed skill and has been recertified as being qualified to perform the work. 2.1.4 CERTIFICATE OF QUALIFICATIONS. The qualifications of personnel shall be documented in an appropriate form. The certificate shall include the following information: Employer's name Person being certified Activity qualified to perform Level of capability Effective period of certification Signature of Employer's Designated Representative Basis used for certification 3. QUALIFICATIONS The requirements contained within this Section are intended to define the minimum capabilities that qualify personnel to perform quality assurance functions that are within the scope of this standard. The qualifications have been defined in terms of three levels of capability. The categorization of requirements that are defined are not intended to be limiting with regard to company position or professional status, but are merely a method of defining functional activities. 3.1 Levels of Capability. Three levels of capability for persons who perform inspections and tests, or who participate in the approval of procedures, the handling of data or test results, or the control of reports and records are delineated below. The education and experience requirements specified for the various levels should not be treated as absolute when other factors provide reasonable assurance that a person can competently perform a particular task. Another factor may be demonstrated capability in a given job through previous performance of satisfactory completion of proficiency testing. A Level I person shall have experience or training in the performance of the inspections and tests that he is required to perform. He shall be familiar with the tools and equipment to be employed and shall have demonstrated proficiency in their use. He shall be familiar with inspection and measuring equipment calibration and control methods and shall be capable of verifying that the equipment is in proper condition for use. A Level II person shall have experience and training in the performance of required inspections and tests and in the organization and evaluation of the results of the inspections and tests. He shall be capable of supervising or maintaining surveillance over the inspections and tests performed by others and of calibrating or establishing described in paragraph 2.1.3. ition 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 // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • validity of calibrations of inspections and measuring equipment. He shall have demonstrated proficiency in planning and setting up tests and shall be capable of determining the validity of test results. - - - - A Level III person-shall_ have broad-experience and formal training in the performance - of inspections and tests and shall be educated through formal courses of study in the principles and techniques of the inspections and tests that are to be performed. He shall be capable of planning and supervising inspections and tests, reviewing and approving procedures, and evaluating the adequacy of activities to accomplish objectives. He shall be capable of organizing and reporting results and of certifying the validity of results. 4. PERFORMANCE Personnel who are assigned the responsibility and authority to perform project functions shall have a minimum level of capability shown in Table 1, "Minimum Levels of Capability for Project Functions." (It is not the intent of these-requirements to restrict personnel with-higher levels of capability than those shown in the Table from performing activities for which they are qualified. However, it is intended to restrict personnel with lower levels of capability than those specified from performing activities for which they are unqualified.) When inspections and tests are implemented by teams or groups of individuals, the one responsible must participate and must meet the minimum qualifications indicated. 5. RECORDS A file of records of personnel qualifications shall be established and maintained. This file shall contain records of past performance, history, training, initial and periodic evaluations, and certification of the qualifications of each person. TABLE I MINIMUM LEVELS OF CAPABILITY FOR PROJECT FUNCTIONS LEVEL Project Function L-I L-II L-III Approve inspection and test procedures (Project Manager) X Implement inspection and test procedures (Assistant Inspector) X Evaluate and report inspection and test results (Chief Inspector) X vel I person shall have experience or training in the performance of the inspections and tests that he is required to perform. He shall be familiar with the tools and equipment to be employed and shall have demonstrated proficiency in their use. He shall be familiar with inspection and measuring equipment calibration and control methods and shall be capable of verifying that the equipment is in proper condition for use. A Level II person shall have experience and training in the performance of required inspections and tests and in the organization and evaluation of the results of the inspections and tests. He shall be capable of supervising or maintaining surveillance over the inspections and tests performed by others and of calibrating or establishing described in paragraph 2.1.3. ition 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 // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • EXHIBIT "F" - ASPHALT TESTING GENERAL - All testing shall be performed under the most current appropriate American Society for Testing and Materials (ASTM) or American Association of State Highway and Transportation Officials (A ASHTO) _ designation unless otherwise specified,_ and_the specification requirement shall be noted on each respective testing report. The Laboratory shall meet the requirements of ASTM. D3666 and be accredited by a nationally recognized laboratory accreditation organization. 1. ASPHALTIC MATERIALS 1.1 Asphaltic Cement (ASTM D946, D3381 as applicable) 1.1.1 Penetration (ASTM D5) $40.00 ea. 1.1.2 Kinematic Viscosity (ASTM D2170) $70.00 ea. 1.1.3 Absolute Viscosity(ASTM D2171) $70.00 ea. 1.1.4 Flash Point (ASTM D92) $70.00 ea. 1.1.5 Ductility (ASTM Dl 13) $62.00 ea. 1.1.6 Thin Film, Loss on Heating (ASTM D1754) $78.00 ea. 1.1.7 Thin Film, Viscosity Ratio (ASTM D1754, D2171 as applicable) $78.00 ea. 1.1.8 Solubility in Trichloroethylene (ASTM D2042) $47.00 ea. 1.1.9 Specific Gravity (ASTM D70) $51.00 ea. 1.1.10 Softening Point(ASTM D36) $57.00 ea. 1.1.11 Elastic Recovery (ASTM D113) $68.00 ea. 1.2 Performance Graded Asphalt Cement (AASHTO MP1) (NOTE : See Subsection 5.2) 1.2.1 Solubility of Bituminus Materials (AASHTO T44) $200.00 ea. 1.2.2 Flash Point by Cleveland Cup (AASHTO T48) $100.00 ea. 1.2.3 Brookfield Viscosity (ASTM D4402) $100.00 ea. 1.2.4 Dynamic Shear(AASHTO TP5) $130.00 ea. 1.2.5 Rolling Thin Film, Mass Loss (AASHTO T240) $100.00 ea. 1.2.6 Rolling Thin Film, Dynamic Shear(AASHTO TP5) $130.00 ea. 1.2.7 Accelerated Aging - PAV (AASHTO PP1) $230.00 ea. 1.2.8 Accelerated Aging, Creep Stiffness (AASHTO TP1) $170.00 ea. 1.2.9 Direct Tension (AASHTO TP3) $235.00 ea. 1.2.10 Residue of Specified Penetration(ASTM D243) $130.00 ea. 1.2.11 Superpave Binder Grade Verification (AASHTO PP6, Section 7) $805.00 ea. 1.2.12 Superpave Binder Grade Determination (AASHTO PP6, Section 6) $1035.00 ea. Exhibit F-1 ng in the performance of the inspections and tests that he is required to perform. He shall be familiar with the tools and equipment to be employed and shall have demonstrated proficiency in their use. He shall be familiar with inspection and measuring equipment calibration and control methods and shall be capable of verifying that the equipment is in proper condition for use. A Level II person shall have experience and training in the performance of required inspections and tests and in the organization and evaluation of the results of the inspections and tests. He shall be capable of supervising or maintaining surveillance over the inspections and tests performed by others and of calibrating or establishing described in paragraph 2.1.3. ition 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 // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) 1.3 Emulsified Asphalt (ASTM D977, D2397 as applicable) 1.3.1 Composition (ASTM D244) Water Content - — . - -- - . -- — $26.00 ea. -- - Residue by Distillation $51.00 ea. Particle Charge $26.00 ea. 1.3.2 Consistency(ASTM D244) Saybolt Furol Viscosity @ 77°F $51.00 ea. Saybolt Furol Viscosity @ 122°F $51.00 ea. 1.3.3 Stability (ASTM D244) Distillation $51.00 ea. Demulsibility - $51.00 ea: Settlement, 5 Day $62.00 ea. Cement Mixing $51.00 ea. Sieve Test $51.00 ea. Coating Test $51.00 ea. Miscibility with Water $31.00 ea. Coating Ability and Water Resistance $31.00 ea. Storage Stability $51.00 ea. 1.3.4 Examination of Residue (ASTM D244) Obtain Residue $51.00 ea. Specific Gravity $26.00 ea. Solubility $26.00 ea. Penetration $26.00 ea. Ductility $31.00 ea. 2. ASPHALTIC CONCRETE 2.1 Extraction (ASTM D2172, Method "A", or ASTM D6307) and Gradation (ASTM D5444) $140.00 ea. 2.2 Marshall Stability and Unit Weight (ASTM D1559) $150.00 ea. 2.3 Unit Weight of Field Samples (ASTM D2726) $ 14.00 ea. 2.4 Measuring Cores for Thickness (ASTM C174) $ 11.00 ea. Exhibit F-2 (AASHTO T44) $200.00 ea. 1.2.2 Flash Point by Cleveland Cup (AASHTO T48) $100.00 ea. 1.2.3 Brookfield Viscosity (ASTM D4402) $100.00 ea. 1.2.4 Dynamic Shear(AASHTO TP5) $130.00 ea. 1.2.5 Rolling Thin Film, Mass Loss (AASHTO T240) $100.00 ea. 1.2.6 Rolling Thin Film, Dynamic Shear(AASHTO TP5) $130.00 ea. 1.2.7 Accelerated Aging - PAV (AASHTO PP1) $230.00 ea. 1.2.8 Accelerated Aging, Creep Stiffness (AASHTO TP1) $170.00 ea. 1.2.9 Direct Tension (AASHTO TP3) $235.00 ea. 1.2.10 Residue of Specified Penetration(ASTM D243) $130.00 ea. 1.2.11 Superpave Binder Grade Verification (AASHTO PP6, Section 7) $805.00 ea. 1.2.12 Superpave Binder Grade Determination (AASHTO PP6, Section 6) $1035.00 ea. Exhibit F-1 ng in the performance of the inspections and tests that he is required to perform. He shall be familiar with the tools and equipment to be employed and shall have demonstrated proficiency in their use. He shall be familiar with inspection and measuring equipment calibration and control methods and shall be capable of verifying that the equipment is in proper condition for use. A Level II person shall have experience and training in the performance of required inspections and tests and in the organization and evaluation of the results of the inspections and tests. He shall be capable of supervising or maintaining surveillance over the inspections and tests performed by others and of calibrating or establishing described in paragraph 2.1.3. ition 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 // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) r 41 2.5 Sample for in-place unit weight 2.5.1 Cores, minimum 5" diameter *$56.00 ea. 2.5.2 Trip Charge $46.00/trip 2.5.3 Flagman for traffic control when approved by Project Manager $49.00 /hr. * Price for sampling shall include filling the test holes with like material. 2.6 In-place Density by Nuclear Method (ASTM D2950) $56.00 /hr. 2.6.1 Trip Charge $46.00/trip 2.7 Asphaltic Concrete Mix Design by Marshall Method (ASTM D1559) 2.7.1 Calculating mix proportions shall include molding and testing a minimum of five different asphalt content - - blended with the specified aggregate gradation, and preparation of written report recommending • job-mix formula $1,325.00 ea. 2.8 Voidless Density (ASTM D2041) $ 70.00 ea. 2.9 Tensile Strength Ratio (ASTM D4867) $270.00 ea. 2.10 Asphaltic Concrete by Superpave Method (AASHTO MP2) 2.10.1 Mix Design - 4 point asphalt content (AASHTO PP28) $1,850.00 ea. 2.10.2 Initial Trial— 1 aggregate blend (AASHTO PP28) $ 385.00 ea. 2.10.3 Initial Trial—4 aggregate blends (AASHTO PP28) $1,540.00 ea. 2.10.4 Resistance of Compacted Mixture to Moisture Induced Damage in Conjunction with mix design(AASHTO T283) $ 575.00 ea. 2.10.5 Resistance of Compacted Mixture to Moisture Induced Damage preparation of aggregate blend and asphalt content Required (AASHTO T283) $ 700.00 ea. 2.10.6 Resistance of Compacted Mixture to Moisture Induced Damage—in conjunction with hot mix asphalt production control $ 345.00 ea. 2.10.7 Compaction of hot mixed asphalt from production control $ 144.00 ea. 3. SURFACE TREATMENTS 3.1 Mix Design for Bituminous Surface Treatments (ASTM D1369) 3.1.1 Calculating mix proportions shall include aggregate unit weight determination and bulk specific gravity, preparation of written report, recommending type and grade of asphalt,job-mix formula, and application rates of asphalt and aggregate $ 105.00 ea. Exhibit F-3 PP6, Section 6) $1035.00 ea. Exhibit F-1 ng in the performance of the inspections and tests that he is required to perform. He shall be familiar with the tools and equipment to be employed and shall have demonstrated proficiency in their use. He shall be familiar with inspection and measuring equipment calibration and control methods and shall be capable of verifying that the equipment is in proper condition for use. A Level II person shall have experience and training in the performance of required inspections and tests and in the organization and evaluation of the results of the inspections and tests. He shall be capable of supervising or maintaining surveillance over the inspections and tests performed by others and of calibrating or establishing described in paragraph 2.1.3. ition 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 // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) r r 4. AGGREGATE 4.1 Absorption and Specific Gravity (ASTM C127 or C128 as applicable) $80.00 ea. 4.2 Sieve Analysis (AASHTO T27 and T11) $69.00 ea. 4.3 Grain-Size (ASTM D422) $95.00 ea. 4.4 Soundness,Na2SO4, 5 Cycles (ASTM C88) 4.4.1 Coarse Aggregate $205.00 ea. 4.4.2 Fine Aggregate $205.00 ea. 4.4.3 Ledge Rock $205.00 ea. 4.5 Freeze-Thaw (AASHTO T103) 4.5.1 Water, 50 Cycles (Procedure "A") - $390.00 ea. 4.5.2 Water, 25 Cycles (Procedure "C") $240.00 ea. 4.5.3 Alcohol/Water, 16 Cycles (Procedure "B") $170.00 ea. 4.6 Organic Impurities(ASTM C40) $ 50.00 ea. 4.7 Surface Moisture (ASTM C70) $ 11.00 ea. 4.8 Abrasion (ASTM C131) $160.00 ea. 4.9 Crushing Ledge Rock(AASHTO T103) $ 80.00 ea. 4.10 Deleterious Materials (ASTM C142) $ 72.00 ea. 4.11 Lightweight Pieces (ASTM C123) $144.00 ea. 4.12 Clay Content (AASHTO T176) $ 70.00 ea. 4.13 .Flat and Elongated Particles (ASTM D4791) $ 66.00 ea. 4.14 Fine Aggregate Angularity (ASTM C1252, Method A) $ 77.00 ea. 4.15 Coarse Aggregate Angularity (NDOR T586) $ 77.00 ea. 5. PROFESSIONAL SERVICES 5.1 When required, furnish Asphalt Qualified Professionals Consultant concerning specifications, design, procedures, and other matters not specifically included herein. 5.1.1 Professional Engineer $129.00/hr. 5.1.2 Project Manager $94.00 /hr Exhibit F-4 .00 ea. 2.10.6 Resistance of Compacted Mixture to Moisture Induced Damage—in conjunction with hot mix asphalt production control $ 345.00 ea. 2.10.7 Compaction of hot mixed asphalt from production control $ 144.00 ea. 3. SURFACE TREATMENTS 3.1 Mix Design for Bituminous Surface Treatments (ASTM D1369) 3.1.1 Calculating mix proportions shall include aggregate unit weight determination and bulk specific gravity, preparation of written report, recommending type and grade of asphalt,job-mix formula, and application rates of asphalt and aggregate $ 105.00 ea. Exhibit F-3 PP6, Section 6) $1035.00 ea. Exhibit F-1 ng in the performance of the inspections and tests that he is required to perform. He shall be familiar with the tools and equipment to be employed and shall have demonstrated proficiency in their use. He shall be familiar with inspection and measuring equipment calibration and control methods and shall be capable of verifying that the equipment is in proper condition for use. A Level II person shall have experience and training in the performance of required inspections and tests and in the organization and evaluation of the results of the inspections and tests. He shall be capable of supervising or maintaining surveillance over the inspections and tests performed by others and of calibrating or establishing described in paragraph 2.1.3. ition 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 // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) w • 5.1.3 NICET Certified (Level IV S.E.T. —Asphalt) Technician $75.00 /hr. 5.1.4 NICET Certified (Level III C.E.T.—Asphalt) Technician $56.00 /hr. or Lead Construction Inspector 5.1.5 Asphalt Technician $49.00 /hr. 5.1.6 Trip Charge $46.00 /trip 5.2 If the LABORATORY is unable to perform any of the Performance Graded Binder Tests as outlined in Subsection 1.2, prior to the award of this contract, the LABORATORY shall submit for approval from the CITY the name of their proposed SUBLABORATORY which shall be fully capable of performing the specified tests. The LABORATORY shall sample the binder, and when directed by the Engineer, either the LABORATORY or their SUBLABORATORY shall perform any requested tests as outlined in Subsection 1.2. The LABORATORY shall then review and evaluate the test results, and report the-results to the CITY- in a timely manner. All expenses, incurred by the LABORATORY, to have this material tested shall not be paid for directly but shall be considered incidental to the rates as specified in Subsection 1.2. 6 CONCRETE 6.1 When reequired, furnish ACI Grade 1 certified technician to sample and test concrete for base repair, curb repair, or sidewalk repari in conjunction with asphalt overlay projects. 6.1.1 Cast cylinders (Set of Two), frunish molds, perform slump, perform air content and temperature of concrete— 1st test (trip included) $112.00 /set 6.1.2 Additiona test for above test $66.00 /set • 6.1.3 Cast addition cylinder $8.00 ea. 6.1.4 Perform additional air content test $20.00 ea. 6.1.5 Perform additional slump test $14.00 ea. 6.1.6 Perform unit weight test $46.00 ea. Exhibit F-5 3. SURFACE TREATMENTS 3.1 Mix Design for Bituminous Surface Treatments (ASTM D1369) 3.1.1 Calculating mix proportions shall include aggregate unit weight determination and bulk specific gravity, preparation of written report, recommending type and grade of asphalt,job-mix formula, and application rates of asphalt and aggregate $ 105.00 ea. Exhibit F-3 PP6, Section 6) $1035.00 ea. Exhibit F-1 ng in the performance of the inspections and tests that he is required to perform. He shall be familiar with the tools and equipment to be employed and shall have demonstrated proficiency in their use. He shall be familiar with inspection and measuring equipment calibration and control methods and shall be capable of verifying that the equipment is in proper condition for use. A Level II person shall have experience and training in the performance of required inspections and tests and in the organization and evaluation of the results of the inspections and tests. He shall be capable of supervising or maintaining surveillance over the inspections and tests performed by others and of calibrating or establishing described in paragraph 2.1.3. ition 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 // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • • 6.1.7 Concrete coring 4" or 5" diameter $56.00 ea. 6.1.8 Mobilization for concrete coring $46.00 ea. 6.1.9 Compressive strength of cylinders or cores $14.00 ea. 6.1.10 Mobilization to pick-up test specimens $46.00 ea. 6.1.11 Trim cylinders or cores $17.00 ea. 6.1.12 Measure cores for length $8.00 ea. Exhibit F-6 D 0 CI CAD CCDD CD. b 0 b' E (1• A� 0 . I IL 15. , • Z-2 Compan �'./�: ns tin Grou I Inc. Signature /_ Title Senior Vice President. Date of Signing . 111191117 —zoo o June 2002 nts\S1D6872.doc any changes in grade. The Board of Equalization and the Omaha City Council will make decisions on the actual reassessment plan on later dates in the future. V30 /0-7 Da a Date doer 4x4 Pickup Truck Page 3 c-25a CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, asphalt material testing, inspection, and project management is required for street resurfacing and rehabilitation projects in the City of Omaha; and, WHEREAS, Thiele Geotech, Inc. has agreed to perform these services from February 28, 2008 to December 31, 2008 as listed in the attached Agreement, which by this reference is included herein, for the scope of work and costs as defined in Exhibits "D", "E", and "F"up to a maximum of$350,000; and, WHEREAS, this amount will be paid from the City Street Maintenance Fund 12129, Major Street Resurfacing Organization 116159, year 2008 expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Agreement with Thiele Geotech, Inc. to provide asphalt material testing, inspection, and project management services for street resurfacing and rehabilitation projects within the City of Omaha from February 28, 2008 to December 31, 2008 be accepted. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay up to $350,000.00 from the City Street Maintenance Fund 12129, Major Street Resurfacing Organization 116159, year 2008 expenditure. 1035hxf APPROVED AS TO FORM: 4t— CITY ATTORNEY DATE By Councilmember Adopted MAR 1 8 2008 7 D 04,04 City Clerk Approved .:. ....... - . . ' Mayor ional air content test $20.00 ea. 6.1.5 Perform additional slump test $14.00 ea. 6.1.6 Perform unit weight test $46.00 ea. Exhibit F-5 3. SURFACE TREATMENTS 3.1 Mix Design for Bituminous Surface Treatments (ASTM D1369) 3.1.1 Calculating mix proportions shall include aggregate unit weight determination and bulk specific gravity, preparation of written report, recommending type and grade of asphalt,job-mix formula, and application rates of asphalt and aggregate $ 105.00 ea. Exhibit F-3 PP6, Section 6) $1035.00 ea. Exhibit F-1 ng in the performance of the inspections and tests that he is required to perform. He shall be familiar with the tools and equipment to be employed and shall have demonstrated proficiency in their use. He shall be familiar with inspection and measuring equipment calibration and control methods and shall be capable of verifying that the equipment is in proper condition for use. A Level II person shall have experience and training in the performance of required inspections and tests and in the organization and evaluation of the results of the inspections and tests. He shall be capable of supervising or maintaining surveillance over the inspections and tests performed by others and of calibrating or establishing described in paragraph 2.1.3. ition 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 // ,„4,, th ../1 ri/>vt2)....- Title: Senior Vice-President Date of Signing: February 28, 2008 Firm or Corporate Name: Thiele Geotech, Inc. Address: 13478 Chandler Road, Omaha, NE 68138-3716 Telephone Number: (402) 556-2171 /Fax (402)556-7831 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. PBE/DBE Doc 12/5/02 d and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of 01)/0 of the dollar amount of with the requirements of these PBE/DBE the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). d to be invalid.or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006 add to the permanent value of the buildings and equipment or appreciably prolong their intended life shall be treated as capital expenditures(see paragraph 15). 28.Materials and supplies costs. a. Costs incurred for materials. suoolies. and fabricated carts necessary to carry out a Federal award are http://www.whitehouse.gov/omb/eirculars/a122/a122_2004.html 7/19/2006 s/a122/a122_2004.html 7/19/2006 ng common areas, such as hallways,stairwells, and restrooms. (c)Depreciation or use allowances on buildings,capital improvements and equipment related space (e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the •--..•. .J L 11....... TL.. ......•..L....-L:.: ......--J http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 ed income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • . . » . \ '0 7`7 \ k ƒ § g k E q ° g k 0 R 0 § k 7® ° ^ ) ~ / § 0 w 0 " \ g \ .# » . ' w « ` 9 o ? 9 k B § @ , ~/ o — m & m § § § 7 e q / @ # § g o 0 = & . • a o .7 « * / co H § % I. \ ,,-."," iv 0 / / § 3 0 §. 7 § n ] i. § / / 2 C s . c q v m 2 C §' @ / q � 0 n U k J k ) , § ® <N.. 2 > ? K ° d k' \ 2 D0' 0 7' A ƒ cn Q � � 7w n & 7 g 2 f \ P / m eI-t A) ijj U _ 7 o o Cok 0 0 $ 7 0 CD •/ \� d? - Page 3