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RES 2007-1271 - Agmt with Tetra Tech Incorporated for assessment phase II investigation at 1126 N 11th St r tAANA, ( ,- - 1 `v L. `�o Fe L.. <, t.~• 1 • Planning Department r,� ��; Omaha/Douglas Civic Center ,.;^ z ff e % 07 O C T -5 ti r t 9. 55'2 1819 Farnam Street,Suite 1100 o®A t [► m Omaha,Nebraska 68183 o2, " - ;''''N _ (402)444-5150 Telefax(402)444-6140 O,P'T�D EEBAVrPy CITY ��t-�'�` City of Omaha 0�f 1, ;i hA, N E 1.1 R A S K A Steven N.Jensen,AICP Director Mike Fahey,Mayor October 16, 2007 • Honorable President . and Members of the City Council, Transmitted herewith is a Resolution to approve an Agreement for Professional Services with.Tetra Tech Incorporated for a Section 128(a)Assessment Phase II investigation at the former Economy Products Building at 1126 North 11t11 Street. The building at 1126 North 11 th Street is in deteriorated condition and has been in violation of the Property Maintenance Code for several years. The property may contain hazardous substances and may be in violation of environmental, nuisance, and property maintenance laws. On December 5, 2006, the City Council approved a Cooperative Agreement with the Nebraska Department of Environmental Quality to provide up to $40,000 for this Section 128(a) Assessment. Tetra Tech Incorporated has agreed to perform the Section 128(a)Assessment Phase II investigation for a fee of $34,154.79. This amount will be paid from the NDEQ Fund 12141, Organization 128016, year 2007 expenditure. Tetra Tech Incorporated was selected to perform the required professional services in accord with the 1 Architect's and Engineer's Review and Selection rules. Tetra Tech Incorporated has on file the required Annual Contract Compliance Report Form CC-1 in the Human Rights and Relations Department. . N V rl rn n 6 eting manufacturer's brand, grade, & number: �_ .�` ,#`5,J,s.) 9 .`FS As Tit i BID/each 01,cv 24"X30" Speed limit 30 R2-1-30, using 3M 3930 hi-intensity prismatic $ 1'1OC' sheeting. 4. 50 Each Sheeting manufacturer's brand, grade, & number: I/2)&6f 1Ofv, •J ' esi_� �Sv.2 . 0,-5 ,4 '7 i %,,r° BID/each $ 73'5 $ 3924576 BUYER Jan Robbins (402) 444-5403 a v All contractors can obtain a current City of Omaha Certified Protected Business Enterprise/Certified Business Enterprise(PBEIDBE)listing from the City of Om la •bsite at www.ci.omaha.ne.us. Click on"DEPARTMENTS";Click on'HUMAN RIGHTS&RELATIONS";Click on"PBE/DBE CERTIFIED DIRECTORY". 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 Rights&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 Rights&Relations Department. Any questions regarding the Contract Compliance Ordinance or PBE/DBE Listings should be directed to the Human Rights&Relations Department at(402)444-5055. Refer any questions regarding the Request for Quote or Specifications directly to the Purchasing Department (402)444-7155 or as shown on Request for Quote. RET RN THIS QUOTATION TO PURCHASING DEPARTMENT BY FAX OR MAIL AT ABOVE ADDRESS • Check box if you desire a copy of the quote tabulation. Please do not phone for this information. esire a copy of the quote tabulation. Please do not phone for this information. . . . . . . . • ;, . . . , ..•••-., ' . • . ,,, t C r'•':.•\',-. : \''':!:;',*vi( 5--.„ . - .•_,....,,,,,,,,„ N';'--•<''-' • '' "'''• .•!.-....- ' ! • • . . . • , • ?...,•,,:,;7":• ,-,,,, ),?-•,- yT . . .. . '1i,i'-'•'4. ' ' ;,,%,• • '• - ' . . • • , - , • ,. • . ,, .. ... ' .,,. .. ,, •• ..' • ..,... - • . . \ft:Z1 . . t.... . .., ' . t5 ' • . I _ minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 Honorable President • and Members of the City Council Page 2 Your approval of this Resolution is requested. Respectfully submitted, Referred to City Council for Consideration: Steven N. JensfriPH— Date Mayor's 0 ice/Title Date Planning Director Approved as to Funding: Approved: Carol Ebdon A7 Date o ert G. Stubbe, P.E. Date Finance Director �' Public Works Director Approved: be� �. &LIP17,,,IAJ2 /O%/a7 Gail Kinsey Tho%n Date Human Rights and Relations Director P:\PLN4\17217maf.doc .w• t • i • 1 V 1 ons Director P:\PW\9015sap.doc co O 0 O ff• CD 'a O cr g CD ' ` , CTS Outside USA: 847-729-3316 BEST LOCAL SUPPORT • E-Mail:sares@a sewerequipment corn P: /)//I&7 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this y 1 day of j 5 1 , 2007, by and between the City of Omaha, a municipal corporation located in Dougs County, Nebraska (hereinafter referred to as the "City"), and Tetra Tech, Incorporated (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION Section 128(a) Assessment Phase II Investigation at the former Economy Products Building at 1126 North 1 lt'' Street, Omaha,Nebraska 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 within a 90 day period after receipt of a purchase order from the City. B. Provider designates Jessica Kidwell whose business address and phone number are 8030 Flint Street,Lenexa, KS 66214, (913) 894-2600 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 for a 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 complete, within 90 calendar days of receipt of a purchase order from the City, the necessary services. The City recognizes that completion within this deadline is contingent upon timely response from utilities and City input. F. Neither party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such obligations is prevented or delayed by any cause which is beyond the reasonable control of the affected party, and the time for performance of either party hereunder shall in such event be extended for a period equal to any time lost as a result thereof, and an equitable adjustment shall be made to Provider's compensation. III. DUTIES OF CITY A. City designates James R. Thele whose business address and phone number are 1819 Farnam Street, Suite 1100, Omaha, NE 68183, (402) 444-5206 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. ll be in effect for 24 months from the date received by the Human Rights&Relations Department. Any questions regarding the Contract Compliance Ordinance or PBE/DBE Listings should be directed to the Human Rights&Relations Department at(402)444-5055. Refer any questions regarding the Request for Quote or Specifications directly to the Purchasing Department (402)444-7155 or as shown on Request for Quote. RET RN THIS QUOTATION TO PURCHASING DEPARTMENT BY FAX OR MAIL AT ABOVE ADDRESS • Check box if you desire a copy of the quote tabulation. Please do not phone for this information. esire a copy of the quote tabulation. Please do not phone for this information. . . . . . . . • ;, . . . , ..•••-., ' . • . ,,, t C r'•':.•\',-. : \''':!:;',*vi( 5--.„ . - .•_,....,,,,,,,,„ N';'--•<''-' • '' "'''• .•!.-....- ' ! • • . . . • , • ?...,•,,:,;7":• ,-,,,, ),?-•,- yT . . .. . '1i,i'-'•'4. ' ' ;,,%,• • '• - ' . . • • , - , • ,. • . ,, .. ... ' .,,. .. ,, •• ..' • ..,... - • . . \ft:Z1 . . t.... . .., ' . t5 ' • . I _ minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 IV. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Service, shall be performed on an hourly basis, but in no event shall exceed $34,154.79. B. Reimbursable expenses shall be billed to the City by the Provider. 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. D. PAYMENT PROVISIONS Provider shall be compensated in accordance with Provider's Proposal and the terms of this Article. Provider's invoices are rendered monthly and are payable upon receipt. Payment shall be made to the following address: Tetra Tech EM Inc., DEPT 1642, Denver, CO 80291-1642. Interest shall accrue at the rate of two percent (2%) over prevailing prime rate shall be charged on a monthly basis (or the maximum percentage allowed by law, whichever is less) on any amounts not paid within thirty (30) days of invoice submittal. In the event legal action is necessary to enforce the provisions of this Contract, Provider shall be entitled to collect from the Client any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by Provider in connection therewith and, in addition, the reasonable value of Provider's time and expenses spent in connection with such action, computed at Provider's prevailing fee schedule and expense policies. Provider may, but is not required to, terminate its services if any invoice is unpaid for sixty (60) days. Provider, its officers, employees, or consultants may be asked or required to appear as a witness or deponent, to furnish information or data through interrogatories, or otherwise be compelled to participate in, administrative or judicial proceedings arising in connection with Client's project. In that event and notwithstanding expiration or termination or this Contract, Client shall compensate Provider in accordance with this Article and reimburse Provider for reasonable legal expenses incurred in connection therewith, provided, however, that the provisions of Article 5, below, shall govern in the event Provider is found to be at fault. 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. Check box if you desire a copy of the quote tabulation. Please do not phone for this information. esire a copy of the quote tabulation. Please do not phone for this information. . . . . . . . • ;, . . . , ..•••-., ' . • . ,,, t C r'•':.•\',-. : \''':!:;',*vi( 5--.„ . - .•_,....,,,,,,,,„ N';'--•<''-' • '' "'''• .•!.-....- ' ! • • . . . • , • ?...,•,,:,;7":• ,-,,,, ),?-•,- yT . . .. . '1i,i'-'•'4. ' ' ;,,%,• • '• - ' . . • • , - , • ,. • . ,, .. ... ' .,,. .. ,, •• ..' • ..,... - • . . \ft:Z1 . . t.... . .., ' . t5 ' • . I _ minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . 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Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 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. V III. 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 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. 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. THIRD PARTY INTERESTS This Contract and the Services and Work Product produced hereunder are solely for the benefit of Client and are not intended to be for the benefit, or to be construed as creating rights in favor, of any third party. If Client is not the ultimate beneficiary of the Services or Provider's work product is used in such a way as to create or induce any reliance by any third party, Client represents and warrants (i) that it shall bind its clients and/or such third parties to limitations on and protections against liability "protective provisions" commensurate with those afforded Provider hereunder and that such protective provisions will, in fact, inure to the benefit of Provider, and/or (ii) that Client has the power to act on box if you desire a copy of the quote tabulation. Please do not phone for this information. esire a copy of the quote tabulation. Please do not phone for this information. . . . . . . . • ;, . . . , ..•••-., ' . • . ,,, t C r'•':.•\',-. : \''':!:;',*vi( 5--.„ . - .•_,....,,,,,,,,„ N';'--•<''-' • '' "'''• .•!.-....- ' ! • • . . . • , • ?...,•,,:,;7":• ,-,,,, ),?-•,- yT . . .. . '1i,i'-'•'4. ' ' ;,,%,• • '• - ' . . • • , - , • ,. • . ,, .. ... ' .,,. .. ,, •• ..' • ..,... - • . . \ft:Z1 . . t.... . .., ' . t5 ' • . I _ minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 ' behalf of its clients and/or such third parties and does hereby bind such parties to these protective provisions. X. 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. Xl. 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. 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 Exhibits "A", "B", "C", "D" and "E" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A", "B", "C", "D" and "E" to "Contractor" shall mean information. . . . . . . . • ;, . . . , ..•••-., ' . • . ,,, t C r'•':.•\',-. : \''':!:;',*vi( 5--.„ . - .•_,....,,,,,,,,„ N';'--•<''-' • '' "'''• .•!.-....- ' ! • • . . . • , • ?...,•,,:,;7":• ,-,,,, ),?-•,- yT . . .. . '1i,i'-'•'4. ' ' ;,,%,• • '• - ' . . • • , - , • ,. • . ,, .. ... ' .,,. .. ,, •• ..' • ..,... - • . . \ft:Z1 . . t.... . .., ' . t5 ' • . I _ minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 "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 Li day of a-„r,54 ,2007. Tetra Tech, Incorporated Provider By 1-3-0YKS-le A TEST Operth ay) S / (Title) EXECUTED this a d y of �C` OCr, 2007. • ATTES ,J CITY OF OMAHA,A Municipal Corporation i By )1P.( City Cleric Mayor • APPROVED AS TU FORM: Deputy City Attorney Revised: 4/18/05 . 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. 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 Exhibits "A", "B", "C", "D" and "E" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A", "B", "C", "D" and "E" to "Contractor" shall mean information. . . . . . . . • ;, . . . , ..•••-., ' . • . ,,, t C r'•':.•\',-. : \''':!:;',*vi( 5--.„ . - .•_,....,,,,,,,,„ N';'--•<''-' • '' "'''• .•!.-....- ' ! • • . . . • , • ?...,•,,:,;7":• ,-,,,, ),?-•,- yT . . .. . '1i,i'-'•'4. ' ' ;,,%,• • '• - ' . . • • , - , • ,. • . ,, .. ... ' .,,. .. ,, •• ..' • ..,... - • . . \ft:Z1 . . t.... . .., ' . t5 ' • . I _ minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 ti Protected and/or Disadvantaged Business Checklist Items Listed Below must be submitted with Bid: 1. 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 perforru the work identified on Exhibit A, Protected and/or Disadvantaged Business Disclosure Participation Form. Telephonic verifications will not be accepted. 3. If you have not met the PBE/DBE goal established for this project, evidence of good faith efforts must be submitted with your bid. (If you have questions regarding what constitutes good faith efforts please see the Protected and/or Disadvantaged Business Enterprise Participation contract specifications or contact the Human Relations Department.) 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 p please review all the specifications and bid enclosures to be certain of a complete and compliant bid. 3/14/03 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. 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 Exhibits "A", "B", "C", "D" and "E" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A", "B", "C", "D" and "E" to "Contractor" shall mean information. . . . . . . . • ;, . . . , ..•••-., ' . • . ,,, t C r'•':.•\',-. : \''':!:;',*vi( 5--.„ . - .•_,....,,,,,,,,„ N';'--•<''-' • '' "'''• .•!.-....- ' ! • • . . . • , • ?...,•,,:,;7":• ,-,,,, ),?-•,- yT . . .. . '1i,i'-'•'4. ' ' ;,,%,• • '• - ' . . • • , - , • ,. • . ,, .. ... ' .,,. .. ,, •• ..' • ..,... - • . . \ft:Z1 . . t.... . .., ' . t5 ' • . I _ minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 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 10% 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. 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. 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 Exhibits "A", "B", "C", "D" and "E" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A", "B", "C", "D" and "E" to "Contractor" shall mean information. . . . . . . . • ;, . . . , ..•••-., ' . • . ,,, t C r'•':.•\',-. : \''':!:;',*vi( 5--.„ . - .•_,....,,,,,,,,„ N';'--•<''-' • '' "'''• .•!.-....- ' ! • • . . . • , • ?...,•,,:,;7":• ,-,,,, ),?-•,- yT . . .. . '1i,i'-'•'4. ' ' ;,,%,• • '• - ' . . • • , - , • ,. • . ,, .. ... ' .,,. .. ,, •• ..' • ..,... - • . . \ft:Z1 . . t.... . .., ' . t5 ' • . I _ minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 UTILIZATION OF forth in the PBE/DBE specifications for PROTECTED AND/OR DISADVANTAGED participation by Protected and/or Disadvantaged BUSINESS ENTERPRISES Business Enterprises in the performance of any contract resulting from this solicitation or, as an alternative, that the contractor has made or will A. Protected and/or Disadvantaged Business Enterprise make good faith efforts toward meeting the (PBE/DBE) Participation Contract Specifications PBE/DBE goals, and will demonstrate to the Pursuant to City of Omaha Contract Compliance City of Omaha's satisfaction that the contractor Ordinance. has made such efforts. Bidders must submit with their bids, on the form set forth in the 1. It is the policy of the City of Omaha that PBE/DBE specifications, the names, respective Protected and/or Disadvantaged Business scope of work, and the dollar values of each Enterprises shall have the maximum practicable PBE/DBE subcontractor that the Bidder opportunity to participate in the City of Omaha proposes for participation in the contract work. projects. Consequently, the PBE/DBE In any case, Exhibits "A" and "B" must be requirements of Contract Compliance Ordinance submitted with the bid. If the information so apply to this solicitation. In this regard, the submitted indicates that the City of Omaha goals Contractor to whom any award of this solicitation will not be met, the Bidder shall submit good is made shall take all necessary and reasonable faith efforts documentation with their bid. The steps in accordance with this solicitation to evidence must show to the City of Omaha's ensure that Protected and/or Disadvantaged satisfaction that the bidder has in good faith Business Enterprises have the maximum made every reasonable effort, in the City of opportunity to participate in the Contract. The Omaha's judgment, to meet such goals. If any Contractor shall not discriminate on the basis of bidder fails to submit, with the bid, the required race, color, national origin, sex, religion, age or information concerning PBE/DBE participation, disability in the award or performance of any or if, having failed to meet the City of Omaha's contract or subcontract resulting from or relating goals or fails to demonstrate to the City of to this solicitation. Failure to carry out the pre- Omaha's satisfaction the bidder's good faith award requirements of these PBE/DBE efforts to do so, the City of Omaha may, in its specifications will be sufficient ground to reject discretion, reject the bid. the Bid. Failure of the Contractor to carry out the requirements of the PBE/DBE specifications 3. Protected and/or Disadvantaged Business shall constitute a material breach of the contract Enterprise Goals. Bidders are hereby informed and may result in termination of the contract. that pursuant to Sec. 10-200 and Executive The Contractor shall use its best efforts to carry Order.No. F-11-02 the City of Omaha has a PBE out the PBE/DBE policy consistent with efficient Participation goal of no less than 13% and a performance on the project. DBE participation goal of no less than 10% of the dollar volume of all the contracts that it 2. Bidders are hereby informed that the City of awards. All bidders shall make every good faith Omaha has established goals for the participation effort to meet said goals. of Protected and/or Disadvantaged Business Enterprise in all contracts that it awards. 4. The City of Omaha shall set specific goals for Subcontracts awarded, by the Bidder that is all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 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 additional prospective agreements with by the PBE/DBE subcontractor to the PBE/DBEs needed to meet the stated Bidder or other verification in writing from goals,were not reached. the PBE/DBE subcontractor that said subcontractor has agreed to perform the e. Advertisement in general circulation media, subcontracting work identified in the bid trade association publications, and protected- submitted by the Bidder. focus media for a reasonable period before bids are due; b. If Bidder fails to meet the goals set forth above, Good Faith Efforts Documentation f. Notification, in writing, to a reasonable must be submitted with bid. number of specific PBE/DBEs that their interest in contract work is solicited, in c. Also, prior to award of this contract all sufficient time to allow the PBE/DBEs to Bidders must submit Exhibit "B" Contractor participate effectively; employment data form with the bid. the Bidder that is all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' 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The Bidder and any of its subcontractors that the Bidder/Contractor's procedures and practices have been designated by the Bidder as PBE with respect to the Protected and/or and/or DBE must have been approved as Disadvantaged Business Enterprise which the such by the Human Relations Department Human Relations Department may from time to prior to bid opening on the project. time conduct. e. After bid opening and during contract B. PBE/DBE Reporting and Record Keeping performance, Bidders and the Contractor, as Requirements. the case may be, are required to make every reasonable effort to replace a PBE/DBE 1. The Contractor shall submit periodic reports subcontractor that is determined to be unable of contracting with Protected and/or to perform successfully or is not performing Disadvantaged Business Enterprises in such satisfactorily, with another PBE and/or DBE, form and manner and at such time as prior to substituting such PBE/DBE, the prescribed by the City of Omaha (Exhibit C Contractor shall seek approval from the is currently required to be submitted within Human Relations Department. The City of 10 calendar days following the end of each Omaha's Human Relations Department calendar quarter, from the start of the 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, of Omaha for a minimum of three years including,but not limited to: following completion of this Contract. (1) Rejection of the Bid 3. To ensure that all obligations under any (2) Withholding of payments to the contract awarded as a result of this bid Contractor until the Contractor complies; solicitation are met, the City of Omaha will and/or 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 racts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 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 parts commencement Name of PBE and/or thereof to be and completion *Agreed price with DBE Address performed date of work PBE/DBEs Percentage(%) N/A 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 Imitation 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. Signaturelq JJJ f Title —C' +4"cl j"� (. )''1'� Aka,.,. Le)e Date of Signing 2/ Firm or Corporate Name f A eL Address " 1S (��k Sfr't 1 Telephone Number R „ tj1r(. 17o3 koro t, e , MO 64/66 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 racts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 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 Emplo\ees 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 1/1/07 826 413 14 11 21 4 23 19 28 3 290 *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: —1;. cy d �� �.�'9 I I '� 2/2 0f 3/`//o7 • "Date of Signing) Signature: �� •e-.e.() t'y (d; 1 ?` 1oos 'r�r. Z t'.�,�/ : /7,1-cr va( (Print Name) (Title) (Signature) cifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms and conditions of the Imitation 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. Signaturelq JJJ f Title —C' +4"cl j"� (. )''1'� Aka,.,. Le)e Date of Signing 2/ Firm or Corporate Name f A eL Address " 1S (��k Sfr't 1 Telephone Number R „ tj1r(. 17o3 koro t, e , MO 64/66 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 racts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' 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Company Name: Project Number: Project Name: Total Contract Amount: Calendar Quarter Covered by this Report: st 3rd 2nd 4th Year 200_ I. Protected and/or Disadvantaged Contractors Instructions: List all Protected and/or Disadvantaged Subcontractors which have performed work since Notice to Proceed (NTP), are currently performing work, and are contemplated to perform work during the duration of the City of Omaha Contracts. Name and total dollars committed and paid. Name of Protected and/or Disadvantaged Dollars Paid During Dollars Paid Since Business Enterprise Work Assignment Dollars Committed Quarter (NTP)to Date act 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: —1;. cy d �� �.�'9 I I '� 2/2 0f 3/`//o7 • "Date of Signing) Signature: �� •e-.e.() t'y (d; 1 ?` 1oos 'r�r. Z t'.�,�/ : /7,1-cr va( (Print Name) (Title) (Signature) cifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms and conditions of the Imitation 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. Signaturelq JJJ f Title —C' +4"cl j"� (. )''1'� Aka,.,. Le)e Date of Signing 2/ Firm or Corporate Name f A eL Address " 1S (��k Sfr't 1 Telephone Number R „ tj1r(. 17o3 koro t, e , MO 64/66 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 racts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 EXHIBIT "D" SCOPE OF SERVICES Council Page 2 Your approval of this Resolution is requested. Respectfully submitted, Referred to City Council for Consideration: Steven N. JensfriPH— Date Mayor's 0 ice/Title Date Planning Director Approved as to Funding: Approved: Carol Ebdon A7 Date o ert G. Stubbe, P.E. Date Finance Director �' Public Works Director Approved: be� �. &LIP17,,,IAJ2 /O%/a7 Gail Kinsey Tho%n Date Human Rights and Relations Director P:\PLN4\17217maf.doc .w• t • i • 1 V 1 ons Director P:\PW\9015sap.doc co O 0 O ff• CD 'a O cr g CD ' ` , CTS Outside USA: 847-729-3316 BEST LOCAL SUPPORT • E-Mail:sares@a sewerequipment corn P: /)//I&7 ^1;'' ,_�y f(,_9,,�y�mjm r�+'� �k+��,e�§L v'^[`k fr�.K1Y� �W.�: 't�{,{y���'��(�� q �R`'�'§� 'N.t�A'� 3?� .�r u�\ t,.',r t ? a �°i 'y �A ' F � y' � k,� 4 ',�1 r § oyt 0INFll r - ,,kkid V 9 litv t � 1hr� ''�N�+°`> $ �s ,'��,^�2Y ,� �6up¢ q i Es: yy�-.MMS��r�j ,��/� s r itl cgs ��" gy 4 � n r. ���� O ,q .,x'; o+ aS.K.,. �va.N� �F Ftrhu,� ,r.r� x,T C :��fx WYra,r,.., mmowarmszazstra Tetra Tech has prepared this Scope of Work in response to the February 5, 2007, City of Omaha request for a proposal to conduct a Section 128(a) Assessment Phase II Investigation at the former Economy Products Building, 1126 North 11th Street, Omaha, Nebraska 68102. II. . PROJECT BACKGROUND Section 128(a) Assessments are environmental site assessments that provide preliminary environmental information regarding whether contamination is present on a property. Section 128(a) Assessments, similar to Environmental Site Assessments, are intended to satisfy one of the requirements for the innocent landowner defense to CERCLA liability: that is, the practices that constitute "all appropriate inquiry into the previous ownership and uses of the property consistent with good customary practice," as defined in 42 U. S. Code Section 9601 (35)(B). However, they also may include additional activities, such as sampling. A Section 128(a) Assessment Phase I Investigation examines the background, setting, and past uses of a property to determine if environmental issues exist. A Section 128(a) Assessment Phase II Investigation involves verifying the presence or absence of contamination as an environmental issue identified during Phase I. A Section 128(a) Assessment Phase II Investigation may evaluate whether releases have occurred on site, the nature and extent of contamination, and the impact on potential human and ecological receptors. The Section 128(a) Assessment Phase II Investigation at the former Economy Products Building will be conducted under a Cooperative Agreement between NDEQ and the City of Omaha. The NDEQ has provided the City of Omaha funding to conduct the Section 128(a) Assessment because the former Economy Products Building is a Brownfield site slated for redevelopment. CERCLA defines a Brownfield property as "real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant or contaminant." The City of Omaha has issued a Demolition Order for the former Economy Products Building, which is deteriorated, violates the International Property Maintenance Code, and may contain hazardous substances or violate environmental laws. In completing a Section 128(a) Assessment Phase II Investigation, the City of Omaha seeks to determine (1) the extent of environmental violations and (2) appropriate procedures for removing or remediating hazardous substances at the site. Based on discussions with the City of Omaha, the City will be responsible for investigating and addressing nuisance and property maintenance violations separately from the Section 128(a) Assessment Phase II Investigation. The Section 128(a) Assessment Phase 1 Investigation completed by Tetra Tech revealed the following environmental issues associated with the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . 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'p \� ?' p ..7 xj 9:'a``" _.� 'cc' pc"fit*t . e t.& `„ .�,t 1�` af-d `:4 1 . r .Q6k li c .i,v s:r� 4, c�• , \^'7 ,. , � 4� a' -4 i4v.4..,4.1 ,t ae 4 Vt, bU 5' UI t17 IN M .� 'h � 1 <,!41J 1.1 1,,j V Historic use of the property as multiple oil producing and refining companies, a laboratory for leather dressings, an industrial supply wholesaler, and a formulator of lawn, garden, and animal health pesticides ✓ Multiple listings in regulatory agency databases, including the CERCLIS, FINDS, SPILLS, Nebraska Superfund, and Nebraska Brownfields databases V Pesticides and volatile organic compounds (VOC) in standing water samples, pesticides in chip samples, and pesticides and polynuclear aromatic hydrocarbons (PAH) in dust samples at concentrations above NDEQ and EPA standards ✓ Current unrestricted use of the subject property by homeless or transient individuals and associated garbage and debris V Two 1996 oil releases adjacent to the north of the subject property, 1,050 gallons of which were not recovered ✓ Four leaking underground storage tank (LUST) sites, including a gasoline release and a fuel oil release on the LUST Trust Fund Priority List, adjacent to or upgradient of the subject property ✓ Three SPILLS sites—gasoline, fuel oil, and diesel fuel—adjacent to or upgradient of the subject property ✓ The Omaha Lead site, which was listed on the National Priorities List for emissions associated with lead smelting operations ✓ Current and historic operations on neighboring industrial properties involving the manufacture, handling, storage, and distribution of hazardous waste, hazardous constituents, or petroleum products. 11.2 PROJECT OBJECTIVES The objective of this project is to verify the presence or absence of contamination associated with the environmental issues identified during the Section 128(a) Assessment Phase I Investigation. The Section 128(a) Assessment Phase II Investigation and report will provide the City of Omaha the information necessary to proceed with Brownfields cleanup or further investigation, as necessary. f 5 nompinx world # q a!� P ., (E. ;CLEAR SOLUTIONS' eal property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant or contaminant." The City of Omaha has issued a Demolition Order for the former Economy Products Building, which is deteriorated, violates the International Property Maintenance Code, and may contain hazardous substances or violate environmental laws. In completing a Section 128(a) Assessment Phase II Investigation, the City of Omaha seeks to determine (1) the extent of environmental violations and (2) appropriate procedures for removing or remediating hazardous substances at the site. Based on discussions with the City of Omaha, the City will be responsible for investigating and addressing nuisance and property maintenance violations separately from the Section 128(a) Assessment Phase II Investigation. The Section 128(a) Assessment Phase 1 Investigation completed by Tetra Tech revealed the following environmental issues associated with the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . 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Lt w 7`3 "� , �` s�c53fiTr,��'�'�;�C�➢.���5 ,tnri',49.i6-. Yz'a`.a�,H. ! ..�.�xr. rti*it 11.3 PROJECT SCOPE The scope of this project is to conduct a detailed Section 128(a) Assessment Phase II Investigation in accordance with the American Society of Testing and Materials (ASTM) E1903-97 Standard Guide for Environmental Site Assessment: Phase II Environmental Site Assessment Process(2002) and the General Conditions of the Cooperative Agreement between NDEQ and the City of Omaha. Specific tasks associated with the Phase II project scope are detailed in the following subsections. 31.3.lTaslk 1 - Project Management Tetra Tech will work with the City of Omaha to communicate project progress and ensure project objectives are met. Tetra Tech also will report"fair share" procurement efforts to the City of Omaha on a quarterly basis. Tetra Tech will procure subcontractors, schedule activities, coordinate with the project team, and conduct financial tracking to ensure successful completion of the project within scope, schedule, and budget. 11.3. Task 2 - Project Planning Section II of this proposal defines the project background, objectives, and scope. However, if selected to complete this project, Tetra Tech will prepare a detailed work plan for the City of Omaha and NDEQ to review. Activities under the proposal Scope of Work will be conducted in accordance with NDEQ's Generic Quality Assurance Project Plan (QAPP) for the Superfund Site Assessment and Targeted Brownfields Programs, dated September 2004. Tetra Tech will prepare a site- specific QAPP addendum for the City of Omaha and NDEQ to review. The QAPP Addendum will be prepared in accordance with NDEQ's Generic QAPP and EPA Requirements for Quality Assurance Project Plans, EPA QA/R-5. Tetra Tech has a health and safety program to protect contractors, employees, and third parties from injuries resulting from work performed under this contract. Our corporate health and safety program is based on the requirements in the Occupational Safety and Health Administration (OSHA) Standards, 29 CFR 1910.120, Hazardous Waste Operations and Emergency Response, and the applicable subparts of the OSHA general industry and construction standards, 29 CFR 1910 and 29 CFR 1926, respectively. Tetra Tech will prepare a site-specific Health and Safety Plan (HSP) for the City of Omaha and NDEQ to review. The HSP will be prepared in accordance with OSHA 29 CFR (1990 edition), Part 1910. In addition to the standard requirements of the HASP, Tetra Tech will also: conduct a daily safety meeting; provide safety orientations to new employees and supervisors assigned to this project; identify a site safety coordinator who will be the point-of-contact for health and safety matters; and ensure that all persons on site have { TETRA TEC 6 cgrvsgrir�x world th the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . 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I.3.3Task 3 — Field Investigation The proposed Phase II field investigation program is designed to meet the City of Omaha's primary goals of (1) verifying the presence or absence of contamination associated with the environmental issues identified during the Section 128(a) Assessment Phase I Investigation and (2) preparing for building demolition and site cleanup. Table 1 lists the number and type of samples to be collected. Samples are proposed based on the results of previous investigations; they are subject to change based on site observations and additional information collected during the investigation. Field investigations will be conducted in accordance with the NDEQ Generic QAPP (2004) and a site-specific QAPP Addendum. On-site activities will be documented by recording written observations of facility conditions and sampling procedures in a field logbook. Photographic documentation also will be collected. Locations of all data points collected outdoors during field activities will be recorded using a Global Positioning System (GPS) unit. GPS readings will be measured in decimal degrees format referenced to NAD 83. Locations of all data points collected indoors during field activities will be measured and recorded on building diagrams. Chip Same inc The City of Omaha plans to demolish the former Economy Products Building and properly dispose of the building materials and associated rubble. Because the building is to be demolished, meeting indoor air and surface standards will no longer be an issue. However, the building materials and rubble must be sampled and analyzed to determine whether or not they will need to be disposed of as hazardous waste. Previous chip samples of the building interior revealed toxaphene and lindane at concentrations above EPA and NDEQ standards. Using either a hammer and chisel or hammer drill, Tetra Tech will collect concrete chip samples from the interior building surfaces. On each of the four floors of the building, Tetra Tech will collect one chip sample from the floor and one chip sample from each of the north, east, south, and west walls. Collection of chip samples from the basement may not be feasible because the basement is filled with water; however, an attempt also will be made to collect samples from the basement floor and walls. In addition to the interior building samples, Tetra Tech will collect chip samples from two areas of the rubble potentially associated with the building's south annex. The chip samples will be analyzed for toxic characteristic leaching procedure (TCLP) for pesticides. r 7 r worldornpiox orld TETRA TECH I CLEAR SOLUTIONS'' +� a maha and NDEQ to review. The HSP will be prepared in accordance with OSHA 29 CFR (1990 edition), Part 1910. In addition to the standard requirements of the HASP, Tetra Tech will also: conduct a daily safety meeting; provide safety orientations to new employees and supervisors assigned to this project; identify a site safety coordinator who will be the point-of-contact for health and safety matters; and ensure that all persons on site have { TETRA TEC 6 cgrvsgrir�x world th the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . 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RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 i uo c";va ' ` .�a 71`y'ra �t rNilk ,ry 3' , ,,Ti-k .,i�� }� - p + Al "': / '¢aF di 4jif , FF :. e.4s r rdmumgPtuw sy:Wibxtl1LV�A'C fi�a o C ril3 p pt 3 �„ry� r I , 4c � t ,Ft �4`;,� y 1 � r ��5�g$ iCEG � � 4 - i�fA i+� C ', w 0 0 • a i4t a : 1, y' 1 : i,A` 'i.� r �pii- " � fixt, u ,H * f� � . s e r `v^ \ .i' -, i0t f A t xa x &:..o�> qva. +CTS'x.U.� ��i ',:r/tP/4µ ,1 l4 �.'.a 9'!'n rru �� L.I Standing Water Sampling Previous samples of standing water from the basement of the former Economy Products Building revealed the pesticides alpha BHC, lindane, and toxaphene at concentrations above NDEQ and EPA standards. Provided standing water is still present in the basement of the former Economy Products Building, Tetra Tech will collect one standing water sample for VOCs by SW-846 Method 8260, organochlorine pesticides by SW-846 Method 8081A, chlorinated herbicides by SW-846 Method 8151, dioxins and furans by SW-846 Method 8280A, and organophosphorus compounds by SW-846 Method 8141. _►greet-Push Sail and Groundwater Sampling Between 1984 and 1991, EPA conducted three cleanup actions at the former Economy Products Building. The final cleanup actions replaced contaminated surface soil at the site and revealed only trace detections of groundwater contamination. However, following the cleanup actions, two releases of waste oil totaling over 9,500 gallons were reported on the property adjacent and to the north of the former Economy Products Building; over 1,050 gallons were not recovered. Additionally, the former Economy Products Building was identified as being within or in the vicinity of the 8,840-acre Omaha Lead site, which is listed on the National Priorities List. To verify that past cleanup efforts were successful and to confirm that no new releases have impacted the subject property, Tetra Tech will install four direct-push borings, one on each side of the subject property. Boring locations will be based on professional judgment and biased toward current and historic operations or releases that may pose RECs to the property. Soil and groundwater samples will be collected at each boring location. Soil borings will be installed using direct-push technology to continuously core to groundwater. The soil cores will be screened visually and using a photoionization detector (PID). One soil sample will be collected from the zone in each core exhibiting the highest potential for contamination based on PID detections or visual discoloration. If no contamination is evident in a core, the soil sample will be collected from the 2-foot interval above the saturated zone. Soil samples will be submitted for analysis of VOCs by SW-846 Method 8260, organochlorine pesticides by SW-846 Method 8081A, chlorinated herbicides by SW-846 Method 8151, dioxins and furans by SW-846 Method 8280A, organophosphorus compounds by SW-846 Method 8141, and total lead by SW-846 Method 6010. --"` 8 t:arnpiox war! !°""L.ii TETRAC CLEAR SOILUT8O h9S„ and safety matters; and ensure that all persons on site have { TETRA TEC 6 cgrvsgrir�x world th the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . 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"`- ,tom' ,fit{., Q' 'a2��° 4 4,,,R{+F'',. .+ `,`'{ `"ryS,T;i +{t(/' .'� + T2 ,/.3{�` 'r '^ d".x �r. \\ ,�; a tuo_.t,4 ..s, :,,1 XI .tw. •�a.z,s,..g:!i:4fa... ». " SFr: '1D sh..43,I..�c"4.ws.. „ r !^;a A , ??,s7.t.A.-,.`" At each soil boring location, Tetra Tech also will collect a groundwater sample just below the water table. Tetra Tech will advance either a mill-slotted well point or a Screen Point 15 groundwater sampler below the water table, as determined during soil sampling. A groundwater sample will then be collected using polyethylene tubing and a check valve (the inertial pump method). Groundwater samples will be submitted for analysis of VOCs by SW-846 Method 8260, organochlorine pesticides by SW-846 Method 8081A, chlorinated herbicides by SW-846 Method 8151, dioxins and furans by SW-846 Method 8280A, organophosphorus compounds by SW-846 Method 8141, and dissolved lead by SW-846 Method 6010. Tetra Tech will field filter the dissolved lead sample. After sampling is completed, all borings will be plugged with bentonite from the bottom of the hole to the ground surface. Sampling and Analysis Requirements Table 1 references proposed sample method requirements and analytical method requirements. Table 2 references sample handling and custody requirements. Analytical Quality Centro! Requirements The same sampling methods and protocols described earlier will be implemented to collect duplicate samples. Duplicate samples will be submitted for the same analyses as the original samples. A trip blank prepared by the contract laboratory will accompany the cooler used to store and ship VOC samples or containers. The trip blanks will be submitted for analysis of VOCs. An equipment rinsate blank, collected during direct-push activities, will be submitted for the same analyses as the original direct-push samples. For acceptance, laboratory QA and QC samples must accord with the analytical method. For acceptance of all field QA and QC samples, the following conditions are necessary: trip blanks, field blanks, and rinsate blanks must be free of contaminants; and duplicate sample pairs must have relative percent differences (RPD) less than 75%. See Table 2 for additional information. Instrument/Equipment Testing, Inspection, and Maintenance Requirements Testing, inspecting, and maintaining sampling supplies will occur prior to initiation of field activities. Testing, inspecting, and maintaining analytical instrumentation at the subcontracted on-site and off-site laboratories will occur in accordance with that laboratory's QA plan and manufacturers' recommendations. `��g� ;� `.x t 9 9 cr�rr�plrax world! l lead by SW-846 Method 6010. --"` 8 t:arnpiox war! !°""L.ii TETRAC CLEAR SOILUT8O h9S„ and safety matters; and ensure that all persons on site have { TETRA TEC 6 cgrvsgrir�x world th the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' 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' t •` �,, T `Fj5 1 FJ � N �..71.� P�'- ik" t Instrument Calibration/Frequency One field instrument, the photoionization detector (PID) used for health and safety monitoring, will require calibration. Tetra Tech will ensure this field instrument is calibrated according to manufacturers' specifications before project initiation and on a daily basis. Calibration of field instruments used by subcontractors will occur in accordance with that subcontractor's QA plan and manufacturers' recommendations. Inspection/Acceptance Requirements for Supplies and Consumables Sampling supplies are provided with certificates of analysis that the field sampling team will review before collecting samples. No additional special requirements are needed. Data Acquisition Requirements Any secondary information referenced in this work plan—including other analytical data, reports, photos, maps, and so on—has been compiled by the City of Omaha and NDEQ from sources of data or information that may not have been verified by the City of Omaha or NDEQ. This information would not be used to reach decisions without verification by an independent professional qualified to verify it. Additional verification of data provided by others is not in the scope of this investigation. Data Management All contract laboratory data and electrical conductivity data will be maintained by Tetra Tech in the project file. Investigation-Derived Waste . Tetra Tech anticipates that investigation-derived waste will be generated as a result of the sampling described in this work plan, in particular spent sampling supplies and excess soil from soil cores. Purge water from groundwater sampling is expected to be minimal and will be disposed of on the ground next to the sample location. Spent polyethylene tubing, disposable well screens, and disposable personal protective equipment (PPE) generated during the groundwater activities will be discarded as municipal solid waste. Excess soil generated during soil sampling will be containerized in a 55-gallon plastic or metal container. One composite sample will be collected at the end of the sampling event and analyzed for VOCs, pesticides, and lead with the environmental samples. Concentrations of VOCs, pesticides and lead will be used to determine the disposal method for the excess soil. The container will be temporarily stored on site pending receipt of analytical results. For cost estimating, assumption was i . ies. Testing, inspecting, and maintaining analytical instrumentation at the subcontracted on-site and off-site laboratories will occur in accordance with that laboratory's QA plan and manufacturers' recommendations. `��g� ;� `.x t 9 9 cr�rr�plrax world! l lead by SW-846 Method 6010. --"` 8 t:arnpiox war! !°""L.ii TETRAC CLEAR SOILUT8O h9S„ and safety matters; and ensure that all persons on site have { TETRA TEC 6 cgrvsgrir�x world th the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 +f a'Iwi LL 1 i T\\I�/v 1. ..7 yR+ 1 ?o-j• A(��y S" •5 L ,v y .]a! 1}Tiff -0. �� Qa'3S '1 `QuI,g' (.�'",/ �}�etyr fcuryah."af / 3}A•'k y�'yRa5`/'r" d$ p� r��. pq�{r x� CBSE'..1�by ai -'i S tlt.r'r Xtp r�5.YG4.fi "'t t n.K?tH q` "��Y A � ':� n '�Eax'�'��+ �. # .k r i.d,+...:x, rr.am-x.,.,r.-vr..w..u>.. r„a+..._�.....,-M.a ,..:.ia,-'..sv. nn...,,-_.,...- ,am,..,xs..:, ..,.as. „ ..n.:.r.,.h..✓..exe.. that the containerized soil will not require special disposal and may remain on site. If the soil is characterized as hazardous or special waste, a cost modification will be required. ]tL.3.4Task 4 - Reporting Upon completion of Task 3 and receipt of the analytical results, Tetra Tech will review the data and prepare a Section 128(a) Assessment Phase II Investigation Report. In addition to following ASTM E1903-97 Standard Guide for Environmental Site Assessment: Phase II Environmental Site Assessment Process(2002), the report also will follow the follow applicable requirements in EPA's Standards and Practices for A/I Appropriate Inquiries(2005) and NDEQ's Guidance for Conducting Section 128(a)Assessment Phase I Investigations(2005). The Section 128(a) Assessment Phase II Investigation Report will document the following: ✓ Purpose and scope of work ✓ Involved parties and their qualifications " Site description and physical setting, including available information on geology and hydrogeology V A summary of the Section 128(a) Assessment Phase I Investigation findings and opinions, including information on environmental issues, past cleanup efforts, and potential pathways and receptors ✓ A synopsis of Phase II sampling and analysis activities, including sample location maps ✓ A presentation and discussion of the analytical results v' Conclusions and recommendations. Report attachments will include analytical results, field logbook, and photo documentation. 1L4 ASSUMPTIONS Tetra Tech incorporates the assumptions below in the scope of work. If any of these assumptions is incorrect, the scope of work and cost estimate may need to be revised before continuing with the project. 11 r:r mpiox world! 1 i 'TETRA EC3-8 I CLEAR SOLUTIONS' solid waste. Excess soil generated during soil sampling will be containerized in a 55-gallon plastic or metal container. One composite sample will be collected at the end of the sampling event and analyzed for VOCs, pesticides, and lead with the environmental samples. Concentrations of VOCs, pesticides and lead will be used to determine the disposal method for the excess soil. The container will be temporarily stored on site pending receipt of analytical results. For cost estimating, assumption was i . ies. Testing, inspecting, and maintaining analytical instrumentation at the subcontracted on-site and off-site laboratories will occur in accordance with that laboratory's QA plan and manufacturers' recommendations. `��g� ;� `.x t 9 9 cr�rr�plrax world! l lead by SW-846 Method 6010. --"` 8 t:arnpiox war! !°""L.ii TETRAC CLEAR SOILUT8O h9S„ and safety matters; and ensure that all persons on site have { TETRA TEC 6 cgrvsgrir�x world th the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 r�SFG#A PI EF��t� i1'• r aMyJ7w,M'.7.;t3r„R IrIt ti�r�J a x!4 rx � A fI t a S fP oFI kR k!Fb �; �3��? PR u� �B4k iiili , p ., Ean cs ✓ The City of Omaha will secure access to the property at 1126 North 11th Street for Phase II Investigation activities. V The City of Omaha will ensure that the property and the former Economy Products Building are safe for the sampling team to access for purposes of the Phase II Investigation. Based on discussions with the City of Omaha and EPA, all asbestos-containing building materials and lead-based paint were removed from the property during previous cleanup efforts. If additional assessment of asbestos-containing building materials and lead-based paint is determined to be necessary during the field investigation, Tetra Tech is able to perform those services; however, the cost estimate may be modified. ✓ All containers containing hazardous waste or constituents were removed from the property during previous cleanup efforts. If assessment or sampling of containerized hazardous waste or constituents is determined to be necessary during the field investigation, Tetra Tech is able to perform those services; however, the cost estimate may be modified. V All sample analyses will be conducted with standard turnaround time. Accelerated turnaround time can be accommodated; however, the cost estimate may be modified. All field work will be performed using Level D PPE. If site specific conditions mandate a change, as directed by the Tetra Tech site manager, all personnel will be prepared to upgrade to Level C. Field work will not be conducted in Levels A or B. 12 u::ompio. world I ` TI T$ :` E5C I CLEAR �.«L@,.9T'9 Cr N14 sir. � nalytical results v' Conclusions and recommendations. Report attachments will include analytical results, field logbook, and photo documentation. 1L4 ASSUMPTIONS Tetra Tech incorporates the assumptions below in the scope of work. If any of these assumptions is incorrect, the scope of work and cost estimate may need to be revised before continuing with the project. 11 r:r mpiox world! 1 i 'TETRA EC3-8 I CLEAR SOLUTIONS' solid waste. Excess soil generated during soil sampling will be containerized in a 55-gallon plastic or metal container. One composite sample will be collected at the end of the sampling event and analyzed for VOCs, pesticides, and lead with the environmental samples. Concentrations of VOCs, pesticides and lead will be used to determine the disposal method for the excess soil. The container will be temporarily stored on site pending receipt of analytical results. For cost estimating, assumption was i . ies. Testing, inspecting, and maintaining analytical instrumentation at the subcontracted on-site and off-site laboratories will occur in accordance with that laboratory's QA plan and manufacturers' recommendations. `��g� ;� `.x t 9 9 cr�rr�plrax world! l lead by SW-846 Method 6010. --"` 8 t:arnpiox war! !°""L.ii TETRAC CLEAR SOILUT8O h9S„ and safety matters; and ensure that all persons on site have { TETRA TEC 6 cgrvsgrir�x world th the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 TABLE 1 SAMPLE SUMMARY EPA Number SW_846. of Requested Sampling Analytical Samples Location Purpose Analysis Method Method 27 Concrete chip— To verify whether i TCLP-Pesticides 4231.2011 1311, four floors and building materials 8081A basement, five and annex rubble • samples at each need to be level, plus two disposed of as samples from hazardous waste south annex rubble • 3 Concrete chip— ` To determine field duplicates laboratory accuracy through analysis of duplicate samples 1 Standing water— To verify the VOCs, 4230.17A 8260B, basement, one presence of Organochlorine 8081A, sample potential water pesticides, 8141A, contamination Chlorinated 8280A, herbicides, 8151A Dioxins/furans, Organophosphorus i compounds 4 1 Soil — four direct- To verify the < VOCs, 4230.7A { 8260B, push borings, one presence of Organochlorine ? 8081A, on each side of the potential soil pesticides, 8141A, property, one contamination or Chlorinated 8280A, sample at each sources of herbicides, 8151A, location 1 groundwater Dioxins/furans, 6010E contamination Organophosphorus 1 Soil —field To determine compounds, duplicates laboratory accuracy : Lead through analysis of . duplicate samples 1 Excess soil To determine ; VOCs, i 4231.2006 8260B, disposal method Organochlorine 8081A, for excess soil pesticides, 8141A, generated during Chlorinated 8280A, sampling herbicides, : 8151A, Dioxins/furans, 6010B Organophosphorus compounds, Lead Tetra Tech incorporates the assumptions below in the scope of work. If any of these assumptions is incorrect, the scope of work and cost estimate may need to be revised before continuing with the project. 11 r:r mpiox world! 1 i 'TETRA EC3-8 I CLEAR SOLUTIONS' solid waste. Excess soil generated during soil sampling will be containerized in a 55-gallon plastic or metal container. One composite sample will be collected at the end of the sampling event and analyzed for VOCs, pesticides, and lead with the environmental samples. Concentrations of VOCs, pesticides and lead will be used to determine the disposal method for the excess soil. The container will be temporarily stored on site pending receipt of analytical results. For cost estimating, assumption was i . ies. Testing, inspecting, and maintaining analytical instrumentation at the subcontracted on-site and off-site laboratories will occur in accordance with that laboratory's QA plan and manufacturers' recommendations. `��g� ;� `.x t 9 9 cr�rr�plrax world! l lead by SW-846 Method 6010. --"` 8 t:arnpiox war! !°""L.ii TETRAC CLEAR SOILUT8O h9S„ and safety matters; and ensure that all persons on site have { TETRA TEC 6 cgrvsgrir�x world th the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 1 TABLE 1 SAMPLE SUMMARY . EPA Number . • SW-84$ of Requested . Sampling Analytical Samples Location i Purpose • Analysis Method" Method 4 ! Groundwater— To verify the ` VOCs, 4230.7A 8260B, four direct push presence of Organochlorine . 4230.15A 8081A, borings, one on i potential pesticides, 8141A, each side of the groundwater Chlorinated • ` 8280A, property, one i contamination t herbicides, 8151A, sample at each Dioxins/furans, 6010B location Organophosphorus 1 Groundwater— To determine compounds, field duplicates laboratory accuracy Dissolved lead • through analysis of duplicate samples 1 2 Trip blank To assess VOCs Not s 8260B contamination t applicable potentially associated with transportation of sample containers 1 Equipment rinsate To assess cross- VOCs, 4231.2006 8260B, blank contamination Organochlorine 8081A, potentially pesticides, 8141A, associated with Chlorinated 8280A, incomplete herbicides, 8151A, decontamination of Dioxins/furans, 6010E direct-push Organophosphorus technology compounds, Dissolved lead 45 ' Estimated Total Number of Samples Notes: 1 EPA Standard Operating Procedure EPA U.S. Environmental Protection Agency SW-846Test Methods for Evaluating Solid Waste TCLP Toxicity Characteristic Leaching Procedure VOC Volatile Organic Compound ne 8081A, for excess soil pesticides, 8141A, generated during Chlorinated 8280A, sampling herbicides, : 8151A, Dioxins/furans, 6010B Organophosphorus compounds, Lead Tetra Tech incorporates the assumptions below in the scope of work. If any of these assumptions is incorrect, the scope of work and cost estimate may need to be revised before continuing with the project. 11 r:r mpiox world! 1 i 'TETRA EC3-8 I CLEAR SOLUTIONS' solid waste. Excess soil generated during soil sampling will be containerized in a 55-gallon plastic or metal container. One composite sample will be collected at the end of the sampling event and analyzed for VOCs, pesticides, and lead with the environmental samples. Concentrations of VOCs, pesticides and lead will be used to determine the disposal method for the excess soil. The container will be temporarily stored on site pending receipt of analytical results. For cost estimating, assumption was i . ies. Testing, inspecting, and maintaining analytical instrumentation at the subcontracted on-site and off-site laboratories will occur in accordance with that laboratory's QA plan and manufacturers' recommendations. `��g� ;� `.x t 9 9 cr�rr�plrax world! l lead by SW-846 Method 6010. --"` 8 t:arnpiox war! !°""L.ii TETRAC CLEAR SOILUT8O h9S„ and safety matters; and ensure that all persons on site have { TETRA TEC 6 cgrvsgrir�x world th the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 • TABLE 2 - SAMPLE BREAKDOWN to c� v, o 0.., a t 0 .5 < c L 0 < 0 o <. ! :�.1 i ..{ coo c U rl T: r..4 0 t C St.r! O 0 Ct. ro-i tp t0 ; to :N co o .4. 3t 0 to m tiS Vf r.i Sample re) o 0 00 o'-a) 00 ,C W co ° a' Q m o w t Number Medium !^. " > u ._.. O f. ,.. U. X.... ._,r C� .,, y.- " .- CC-01 to Concrete Chip 27 CC-27 Field Concrete Chip 3 . Duplicates SW-01 Standing ? 1 1 1 1 i 1 Water ' i ; I ! i SB-01 to Soil 4 4 ; 4 4 4 4 SB04 Field Soil 1 1 1 s 1 s 1 i 1 Duplicate GW-01 to Groundwater 4 i 4 4 4 4 4* GW-04 Field Groundwater 1 1 1 1 1 1* Duplicate Excess Soil 1 Soil 1 i 1 1 1 1 i 1 Trip Blanks Water 1 ! Equipment Water I 1 i 1 1 1 1 1* Blanks Totals 30 14 13 13 13 13 12 Notes: * Dissolved lead, field filtered ( ) U.S. Environmental Protection Agency SW-846 Test Method for Evaluating Solid Waste TCLP Toxicity Characteristic Leaching Procedure direct-push Organophosphorus technology compounds, Dissolved lead 45 ' Estimated Total Number of Samples Notes: 1 EPA Standard Operating Procedure EPA U.S. Environmental Protection Agency SW-846Test Methods for Evaluating Solid Waste TCLP Toxicity Characteristic Leaching Procedure VOC Volatile Organic Compound ne 8081A, for excess soil pesticides, 8141A, generated during Chlorinated 8280A, sampling herbicides, : 8151A, Dioxins/furans, 6010B Organophosphorus compounds, Lead Tetra Tech incorporates the assumptions below in the scope of work. If any of these assumptions is incorrect, the scope of work and cost estimate may need to be revised before continuing with the project. 11 r:r mpiox world! 1 i 'TETRA EC3-8 I CLEAR SOLUTIONS' solid waste. Excess soil generated during soil sampling will be containerized in a 55-gallon plastic or metal container. One composite sample will be collected at the end of the sampling event and analyzed for VOCs, pesticides, and lead with the environmental samples. Concentrations of VOCs, pesticides and lead will be used to determine the disposal method for the excess soil. The container will be temporarily stored on site pending receipt of analytical results. For cost estimating, assumption was i . ies. Testing, inspecting, and maintaining analytical instrumentation at the subcontracted on-site and off-site laboratories will occur in accordance with that laboratory's QA plan and manufacturers' recommendations. `��g� ;� `.x t 9 9 cr�rr�plrax world! l lead by SW-846 Method 6010. --"` 8 t:arnpiox war! !°""L.ii TETRAC CLEAR SOILUT8O h9S„ and safety matters; and ensure that all persons on site have { TETRA TEC 6 cgrvsgrir�x world th the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 EXHIBIT "E" BREAKDOWN OF COSTS S Council Page 2 Your approval of this Resolution is requested. Respectfully submitted, Referred to City Council for Consideration: Steven N. JensfriPH— Date Mayor's 0 ice/Title Date Planning Director Approved as to Funding: Approved: Carol Ebdon A7 Date o ert G. Stubbe, P.E. Date Finance Director �' Public Works Director Approved: be� �. &LIP17,,,IAJ2 /O%/a7 Gail Kinsey Tho%n Date Human Rights and Relations Director P:\PLN4\17217maf.doc .w• t • i • 1 V 1 ons Director P:\PW\9015sap.doc co O 0 O ff• CD 'a O cr g CD ' ` , CTS Outside USA: 847-729-3316 BEST LOCAL SUPPORT • E-Mail:sares@a sewerequipment corn P: /)//I&7 v U - Tet-a Tech EM,Inc. Tity of Omaha, Nebraska City of Omaha, Nebraska Section 128(a)Assessment Phase II Investigation of the Former Economy Products Building LABOR COSTS - No.of Task Description Hours Rate Subtotals Description of Work • 01 Project Management Professional Level 4 4 124.00 $ 496.00 Coordination with the City of Omaha,Nebraska;procurement; Professional Level 3 8 84.00 $ 672.00 scheduling;team coordination;financial tracking;and"fair Professional Level 2 9 67.00 $ 268.00 share"reporting Professional Level 1 0 59.00 $ - Technical Level 0 53.00 $ - Clerical 0 53.00 $ - • Labor Subtotal $ 1,436.00 02 Project Planning Professional Level 4 4 124.00 $ 496.00 Preparation of site-specific work plan,quality assurance project Professional Level 3 32 84.00 $ 2,688.00 plan(QAPP)addendum,and health and safety plan(HSP); Preparation of figures and diagrams;Technical,editorial,and Professional Level 2 4 67.00 $ 268.00 quality control reviews of work plan and QAPP addendum; Professional Level 1 4 59.00 $ 236.00 Health and safety review of HSP;Word processing and Technical Level 0 53.00 $ document production Clerical 2 53.00 $ 106.00 Labor Subtotal $ 3,794.00 03 Field Investigation Professional Level 4 0 124.00 $ - Mobilization and demobilization;Obtaining utility clearance; Professional Level 3 0 84.00 $ - Coordination with subcontractors;Collection of chip samples, standing watre samples,and direct-push soil and groundwater Professional Level 2 48 67.00 $ 3,216.00 samples;Sample management and delivery to the laboratory; Professional Level 1 48 59.00 $ 2,832.00 Investigation-derived waste management Technical Level 0 53.00 $ - Clerical 0 53.00 $ - Labor Subtotal $ 6,048.00 04 Reporting Professional Level 4 4 124.00 $ 496.00 Data review and validation;Preparation of a draft and final Professional Level 3 46 84.00 $ 3,864.00 Section 128(a)Assessment Phase II Investigation Report; Professional Level 2 4 67.00 $ 268.00 Preparation of figures and a photographic log;Word processing and document production Professional Level 1 8 59.00 $ 472.00 Technical Level 0 53.00 $ - Clerical 10 53.00 $ 530.00 Labor Subtotal $ 5,630.00 LABOR SUMMARY TOTAL $ 16,908.00 • • Business Confidential Page 1 • at the subcontracted on-site and off-site laboratories will occur in accordance with that laboratory's QA plan and manufacturers' recommendations. `��g� ;� `.x t 9 9 cr�rr�plrax world! l lead by SW-846 Method 6010. --"` 8 t:arnpiox war! !°""L.ii TETRAC CLEAR SOILUT8O h9S„ and safety matters; and ensure that all persons on site have { TETRA TEC 6 cgrvsgrir�x world th the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 • Tetra Tech EM,Inc. City of Omaha, N:-hraska City of Omaha, Nebraska Section 128(a)Assessment Phase II Investigation of the Former Economy Products Building NON-LABOR COSTS No.of Description Units Rate Subtotals Description of Work Travel Costs Meals 10 49.00 $ 490.00 2 staff,5 on-site days,2 half-days for travel Lodging 8 84.00 $ 672.00 2 staff,4 overnights Car Rental 6 85.00 $ 510.00 Truck or SUV Fuel 5 30.00 $ 150.00 Mileage(Passenger Vehicle) 0 0.445 $ - Subtotal $ 1,822.00 No.of Equipment and Materials Units Rate Subtotals Photoionization Detector(week) 1 331.50 $ 331.50 Field Expendable Equipment 1 250.00 $ 250.00 Shipping 5 70.00 $ 350.00 Telephone • 10 5.00 $ 50.00 Photocopies 500 0.17 $ 85.00 Computer 100 5.48 $ 548.00 • Subtotal $ 1,283.00 Lump No.of • Sum Units Rate Subtotals • Subcontractor Costs Geoprobe operator 6,630.00 0 0.00 $ 6,630.00 Fixed laboratory,TCLP Pesticides 30 145.86 $ 4,375.80 Fixed laboratory,VOCs 14 119.34 $ 1,670.76 Fixed laboratory,Organochlorine Pesticides 13 172.38 $ 2,240.94 Fixed laboratory,Chlorinated Herbicides 13 265.20 $ 3,447.60 Fixed laboratory,Organophosphorus Compounds 13 232.05 $ 3,016.65 Fixed laboratory,Dioxins and Furans 13 265.20 $ 3,447.60 Fixed laboratory,Lead 12 26.52 $ 318.24 Other 0 0.00 $ - Subtotal $ 14,141.79 NON-LABOR COST SUMMARY Travel Costs $ 1,822.00 Equipment and Materials $ 1,283.00 Subcontractor Costs $ 14,141.79 NON-LABOR SUBTOTAL $ 17,246.79 TOTAL TASK COST $ 34,154.79 • • • • Business Confidential Page 2 ofessional Level 3 46 84.00 $ 3,864.00 Section 128(a)Assessment Phase II Investigation Report; Professional Level 2 4 67.00 $ 268.00 Preparation of figures and a photographic log;Word processing and document production Professional Level 1 8 59.00 $ 472.00 Technical Level 0 53.00 $ - Clerical 10 53.00 $ 530.00 Labor Subtotal $ 5,630.00 LABOR SUMMARY TOTAL $ 16,908.00 • • Business Confidential Page 1 • at the subcontracted on-site and off-site laboratories will occur in accordance with that laboratory's QA plan and manufacturers' recommendations. `��g� ;� `.x t 9 9 cr�rr�plrax world! l lead by SW-846 Method 6010. --"` 8 t:arnpiox war! !°""L.ii TETRAC CLEAR SOILUT8O h9S„ and safety matters; and ensure that all persons on site have { TETRA TEC 6 cgrvsgrir�x world th the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' Y'.:';' 7.:-1•!:'''''''''''':''''''''''''' '''•'.•:.'!is:...::;:;..;:•":•:.:'r'q.:...:;.:.;'.:.:..;;:!..,.;: ::.,. ,:;:':::.':.?•:.:;:::;';:,:i!..:41;:,i;:*.':'6";;A::;!.,,,Hi!l':)''ri ,<%...f.;!:..:::V.,•:!„1-.:1. ,\•;%.'Ll.:,,.'....; :z".:',4... ....;:!".‘,:').iHZ..,.:::'•:':•,4'.'.11;;. : ;):::,':•:••••::;,: ' ,-N...:..!:::::.....,!:',.' ..',.c•t.!,.':::!..,::.;', '', ..,.*:...y• -•-,.;-L::> .•- ---" "---- W .','.'' ''2.2 .,/''k''.'::.'L•iV 'C'..,a-.-I:.?,., ' N'''',.,..:.,:''''''' '''-'''-.i'-'-i'e `------- '----- •— ORF10 81. RJR P Y P,!O',E 4023308960 FA%.!022305856 E'.l>IL.102MA11(fj102C0 COM 1 FINAL O � "" •\E351tE':...:.11,2C0 CJl! iE:S O'! 1 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the vacant industrial property at 1126 North 1 1th Street is noncompliant with the Property Maintenance Code of the City of Omaha and may contain hazardous substances and may be in violation of environmental, nuisance, and property maintenance laws; and, WHEREAS, On December 5, 2006 by Resolution 1405, the City Council approved a Cooperative Agreement with the Nebraska Department of Environmental Quality to provide up to $40,000 for this Section 128(a) Assessment Phase II investigation at the former Economy Products Building at 1126 North 11th Street; and, WHEREAS, Tetra Tech Incorporated has been selected to provide a Section 128(a) Assessment Phase II investigation at 1126 North 11t Street, in accordance with the rules for selection of professional services; and, WHEREAS, exhibit "D" of the attached agreement for professional services describes in detail the services to be provided and that the agreement by this reference becomes part hereof; and, WHEREAS, Tetra Tech Incorporated has agreed to perform the work described for the sum of $34,154.79, which will be paid from NDEQ Fund No. 12141, Organization No. 128016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the attached Professional Services Agreement with Tetra Tech Incorporated for the performance of a Section 128(a) Assessment Phase II Investigation on the property at 1126 North 11th Street, is hereby approved. BE IT FURTHER RESOLVED: By Councilmember Adopted City Clerk Approved Mayor $ 3,447.60 Fixed laboratory,Lead 12 26.52 $ 318.24 Other 0 0.00 $ - Subtotal $ 14,141.79 NON-LABOR COST SUMMARY Travel Costs $ 1,822.00 Equipment and Materials $ 1,283.00 Subcontractor Costs $ 14,141.79 NON-LABOR SUBTOTAL $ 17,246.79 TOTAL TASK COST $ 34,154.79 • • • • Business Confidential Page 2 ofessional Level 3 46 84.00 $ 3,864.00 Section 128(a)Assessment Phase II Investigation Report; Professional Level 2 4 67.00 $ 268.00 Preparation of figures and a photographic log;Word processing and document production Professional Level 1 8 59.00 $ 472.00 Technical Level 0 53.00 $ - Clerical 10 53.00 $ 530.00 Labor Subtotal $ 5,630.00 LABOR SUMMARY TOTAL $ 16,908.00 • • Business Confidential Page 1 • at the subcontracted on-site and off-site laboratories will occur in accordance with that laboratory's QA plan and manufacturers' recommendations. `��g� ;� `.x t 9 9 cr�rr�plrax world! l lead by SW-846 Method 6010. --"` 8 t:arnpiox war! !°""L.ii TETRAC CLEAR SOILUT8O h9S„ and safety matters; and ensure that all persons on site have { TETRA TEC 6 cgrvsgrir�x world th the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . 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By Councilmember Adopted OC% 1 6 2007 ..-.0 City Clerk Approved )114 - . Mayor d Relations Director P:\PLN4\17217maf.doc .w• t • i • 1 V 1 ons Director P:\PW\9015sap.doc co O 0 O ff• CD 'a O cr g CD ' ` , CTS Outside USA: 847-729-3316 BEST LOCAL SUPPORT • E-Mail:sares@a sewerequipment corn P: /)//I&7 . O p p cra c° zP cP ( , 1 O F:;: 0 N Q'1- , 0 CD c" ,01 1:j ! 0z6.: 0 BCD 6,iCD : p D"' .pr �. ¢, N N O p' C!j O v O N O N CD p0 (7 n• (8 Z t5 '.1)., .7-% 6-,G , \ d -' �. O cep V /O •h O 1-"'r. N p 4 N n S = N W p O W " O 1 Q. A - p O -e • • • . • . . , , . .. .. . ... la ___ , . . _ __ . _.... tached agreement for professional services describes in detail the services to be provided and that the agreement by this reference becomes part hereof; and, WHEREAS, Tetra Tech Incorporated has agreed to perform the work described for the sum of $34,154.79, which will be paid from NDEQ Fund No. 12141, Organization No. 128016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the attached Professional Services Agreement with Tetra Tech Incorporated for the performance of a Section 128(a) Assessment Phase II Investigation on the property at 1126 North 11th Street, is hereby approved. BE IT FURTHER RESOLVED: By Councilmember Adopted City Clerk Approved Mayor $ 3,447.60 Fixed laboratory,Lead 12 26.52 $ 318.24 Other 0 0.00 $ - Subtotal $ 14,141.79 NON-LABOR COST SUMMARY Travel Costs $ 1,822.00 Equipment and Materials $ 1,283.00 Subcontractor Costs $ 14,141.79 NON-LABOR SUBTOTAL $ 17,246.79 TOTAL TASK COST $ 34,154.79 • • • • Business Confidential Page 2 ofessional Level 3 46 84.00 $ 3,864.00 Section 128(a)Assessment Phase II Investigation Report; Professional Level 2 4 67.00 $ 268.00 Preparation of figures and a photographic log;Word processing and document production Professional Level 1 8 59.00 $ 472.00 Technical Level 0 53.00 $ - Clerical 10 53.00 $ 530.00 Labor Subtotal $ 5,630.00 LABOR SUMMARY TOTAL $ 16,908.00 • • Business Confidential Page 1 • at the subcontracted on-site and off-site laboratories will occur in accordance with that laboratory's QA plan and manufacturers' recommendations. `��g� ;� `.x t 9 9 cr�rr�plrax world! l lead by SW-846 Method 6010. --"` 8 t:arnpiox war! !°""L.ii TETRAC CLEAR SOILUT8O h9S„ and safety matters; and ensure that all persons on site have { TETRA TEC 6 cgrvsgrir�x world th the property: 4 tIornplax world CLEAR SOLUTIONS' 4 �inL.N T3lR r.� 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 Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0')/0 of the dollar amount of City of Omaha's PBE/DBE goals. Therefore, to the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set ct performance. The Contractor shall bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the City of Omaha. the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not reached. e. Advertisement in general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; z.,.....„ ...,,,,...., 1.-.141-:-.• .... . '•'.•.....,e-,e:,• ..;‘,. ,.; .. /,4,--e,;'1.'-:K -- c •,•Cl• ''11.-,% -:-.1 ,,' . -..7,1:,-,,,-,!..,,,•;?&.„,t.... c,-4,-.;_.;•. ; ••-•-•,.=;‘,/, 1, -,,,,,nr .,•-:..,• - ..-,.•.,- -. :•,.,,,Y)4,.: -4-i..;,,,;,1:- ',, _ ,,,,, ,,,--,,,;, „4-, ,,,, ••-•;;;;-,1--,,,::•iii. , •,,,,,...i,„..„: ..„,,,,,.;•,,.....,.. ..,,„•4,..:;„,„:...,,,,;„•/,::!;, 4),,,;;•,•;,•;4‘,.-•-, -Vila,t-..717.,f77.,:si,,TATfir, ,Ag.....,,.,...,...,:,,41k.4.;77W4k.7.V.,4f!iNelf'i,N&O ;:''$: ..-; ' ' :;.!:'• ' ''7.•.,,":;::•••.',;';..?:i.,:'.'.. .‘:r.:•.*!"::;'::••.:..A'',.• .',.,,:!.. ,,?,;5.,.:!,,,:P..../,',,.;:::..:W,-,!;:,:::(4,:.?1, ' : ‘ V'N;1. P ..!'' 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