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RES 2007-0911 - Agmt with NDOR for enhancements to 13th St by Gibson Rd viaduct �014°!4'NFB RECEIVED E C E I V E D U `1, Public Works Department �.�r a•'" ` �+ Omaha/Douglas Civic Center z li--4�t JUL I ' P I' '4 0 1819 Farnam Street,Suite 601 I �& t July 24, 2007 Omaha,Nebraska 68183-0601 o9A r �ry (402)444-5220 o�4 'en FEBAve4 CITY CLERK K Fax(402)444-5248 NECity of Omaha OMAHA, BRAS Robert G.Stubbe,P.E. Mike Fahey,Mayor Public Works Director • Honorable President and Members of the City Council, . • Transmitted herewith is a Resolution approving a Program. Agreement between the. City of Omaha and the State of Nebraska Department of Roads in regard to enhancements to 13th Street by the Gibson Road.Viaduct. The State of Nebraska Department of Roads has plans for the construction of a new South Omaha Veterans Memorial Bridge which will also include reconstruction of US-275 and 13th Street on the west side of the bridge in conjunction with the new bridge project. The construction of enhancements on 13th Street by the Gibson Road Viaduct such as turn lanes, widening of 13th Street in the same area and improved lighting is eligible for Federal Highway Administration Surface Transportation program fund in the amount of$898,880 with the City of Omaha's local share of 20% being $224,720 which will come from the 2006 Transportation Bond Fund 13182, 2007 Issue Transportation Bond Organization 117112. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: 7 s''c7 7_/o... o, obert G. Stubbe, P.E. .Date Mayor's Office Date ublic Works Director • Approved as to Funding: This action has been reviewed and found to be in conformance with the Master Plan. .. et '1 11,101 i- -- 7• R • a7 Carol.A. Ebdon Date Steven N. Jens; 1, AlP Date Finance Director / Planning Direct. P:\PW\17428maf.DOC 0 c hl 0) C%) o 0 D N 13 S so :. EA EA co O V 0 -CO 0 C70 G1 W O (..) W 0 bi CD O CD O 0 0 @ $200.00 EACH $600.00 Asphalt Solutions, Inc. $300.00 EACH $900.00 Western Engineering Co.,Inc. $330.00 EACH $990.00 U.S.Asphalt Co. $401.32 EACH $1,203.96 • Page 4 of 5, 6/2 7/200 7 1:59:19 PM, Bid Tabulation, Generated by:admin for project OPW 51330 the City of Omaha to reject the contractors bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� ,HE sT'�i STATE OF NEBRASKA RECEIVED yE . �5 Dave Heineman DEPARTMENT OF ROADS ',rlo� rt Governor � John L.Craig,Director 11k AqR.,:".!'g04�- �� jjO � 1500 Highway 2•PO Box 94759•Lincoln NE 68509-4759 "h Phone(402)471-4567•FAX(402)479-4325•www.dor.state.ne.us CFIY C iu 8 2007 OMAHA. WEB tke, r 7 Mr. Buster Brown Clerk Omaha Douglas Civic Center 1819 Farnam Street Omaha NE 68183 J Re: Project Nos. BR-275-7(185), BR-275-7(186), STPD-BR-275-7(174), and STP-275-7(184) Control Nos. 21574, 21574A, 21574B, and 21574C Agreement No. XL0737 Dear Mr. Brown: Enclosed for your files are two originals of a fully executed agreement between the City of Omaha and this department pertaining to a proposed improvement at the South Omaha Veterans Memorial Bridge on Highway US-275 over the Missouri River. Sincerely, fry 02042-4. Jerry Adams Hwy. Agreements Tech. Planning and Project Development Division JA/N5-A6 -- Enclosures xc: T. W. Weander, District 2 Engineer J. Knott/D. Turek C. Quackenbush File An Equal Opportunity/Affirmative Action Employer or Federal Highway Administration Surface Transportation program fund in the amount of$898,880 with the City of Omaha's local share of 20% being $224,720 which will come from the 2006 Transportation Bond Fund 13182, 2007 Issue Transportation Bond Organization 117112. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: 7 s''c7 7_/o... o, obert G. Stubbe, P.E. .Date Mayor's Office Date ublic Works Director • Approved as to Funding: This action has been reviewed and found to be in conformance with the Master Plan. .. et '1 11,101 i- -- 7• R • a7 Carol.A. Ebdon Date Steven N. Jens; 1, AlP Date Finance Director / Planning Direct. P:\PW\17428maf.DOC 0 c hl 0) C%) o 0 D N 13 S so :. EA EA co O V 0 -CO 0 C70 G1 W O (..) W 0 bi CD O CD O 0 0 @ $200.00 EACH $600.00 Asphalt Solutions, Inc. $300.00 EACH $900.00 Western Engineering Co.,Inc. $330.00 EACH $990.00 U.S.Asphalt Co. $401.32 EACH $1,203.96 • Page 4 of 5, 6/2 7/200 7 1:59:19 PM, Bid Tabulation, Generated by:admin for project OPW 51330 the City of Omaha to reject the contractors bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� AGREEMENT PROJECT NOS. STPD-BR-275-7(174), STP-275-7(184), BR-275-7(185),&BR-275-7(186) STATE CONTROL NOS.21574,21574A,21574B,&21574C CITY OF OMAHA STATE OF NEBRASKA, DEPARTMENT OF ROADS SOUTH OMAHA VETERANS MEMORIAL BRIDGE THIS AGREEMENT,made and entered into by and between the City of Omaha,a municipal corporation of the State of Nebraska, hereinafter referred to as the"City,"and the State of Nebraska, Department of Roads,hereinafter referred to as the"State",the City and State hereinafter sometimes referred to collectively as the"Parties", WITNESSETH: • WHEREAS,the State has plans for the construction of a new South Omaha Veterans Memorial Bridge, hereinafter referred to as the"Project",on Highway US-275 over the Missouri River, under the designation of STPD-BR-275-7(174), which will include construction of US-275 east and west of the Missouri River and of 13th Street, as shown on Exhibit"A",attached hereto and hereby made a part of this agreement,and WHEREAS,additional designations have been developed for the construction contracts, as shown on Exhibit"B",attached hereto and hereby made a part of this agreement,and WHEREAS, it is the desire of the City that additional improvements on 13th Street, referred to herein as the"City Funded Construction", be constructed as part of the said State's proposed construction, under the designation of STPD-BR-275-7(184),at the location as shown in Exhibit"B",and WHEREAS,the City Funded Construction has been designated as being eligible for Federal Surface Transportation Program(STP)Funds by the Department of Transportation, Federal Highway Administration,hereinafter referred to as the"FHWA", in compliance with Federal laws pertaining thereto,and WHEREAS,these STP Funds have been made available by Title 23 of the United States Code, providing for improvements on eligible city streets,and WHEREAS, regulations for implementing the provisions of the above mentioned act provide that the Federal share of the costs of those improvements will be paid only to the State, and WHEREAS,the regulations further permit the use of funds other than State funds in matching Federal Funds of improvements including the City Funded Construction,and WHEREAS, the State is willing to cooperate to the end of obtaining Federal approval of the City Funded Construction and Federal Funds of the construction of the City Funded 7 7 -CO 0 C70 G1 W O (..) W 0 bi CD O CD O 0 0 @ $200.00 EACH $600.00 Asphalt Solutions, Inc. $300.00 EACH $900.00 Western Engineering Co.,Inc. $330.00 EACH $990.00 U.S.Asphalt Co. $401.32 EACH $1,203.96 • Page 4 of 5, 6/2 7/200 7 1:59:19 PM, Bid Tabulation, Generated by:admin for project OPW 51330 the City of Omaha to reject the contractors bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� Construction,with the understanding that no State Funds are to be expended on the City Funded Construction, and WHEREAS, if the City is to receive Federal participation for any portion of the work on the City Funded Construction, it is necessary all phases of work comply with Federal requirements and procedures,and WHEREAS,the funding for the City Funded Construction under this agreement includes pass-through monies from the FHWA. If a non-federal entity expends$500,000 or more in total federal awards in a fiscal year,the A-133 audit is required as explained further in this agreement,and WHEREAS, Federal Regulations provide that the City shall not profit or otherwise gain from local property assessments that exceed the City's share of the City Funded Construction costs,and WHEREAS, it is the further desire of the City that the State's projects, under the designations of STP-275-7(184), BR-275-7(185),&BR-275-7(186)be constructed,and the City Funded Construction be included in the State's project under the designation of STPD-275- 7(184),as evidenced by the Resolution of the City Council dated the day of 20Q', attached hereto,identified as Exhibit"C" and hereby made a part of is agreement,and WHEREAS,the City has earmarked and will place in its fiscal budget$224,720,which is estimated to be the City's 20%share of the cost of the City Funded Construction,however, both parties recognize this is a preliminary estimate only and that the final costs may well be higher or lower than this preliminary estimate,and WHEREAS,the description of the Project is as follows: The proposed improvement at the South Omaha Veterans Memorial Bridge on Highway US-275 over the Missouri River will consist of constructing US-275 east and west of the Missouri River on a new alignment, including a new bridge over the Missouri River, removing the existing bridge,and reconstructing 13th Street north and south of US-275, including the City Funded Construction. NOW THEREFORE, in consideration of these facts and the mutual promises of the Parties hereto, it is hereby agreed that the construction of the Project between the construction limits described in Exhibit"A",shall be accomplished according to and in the manner provided by plans and specifications to be prepared by the State, including the plans and specifications -2- Project Nos. STPD-BR-275-7(174), STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos.21574,21574A, 21574B,&21574C City of Omaha • South of Omaha Veterans Memorial Bridge O 0 0 @ $200.00 EACH $600.00 Asphalt Solutions, Inc. $300.00 EACH $900.00 Western Engineering Co.,Inc. $330.00 EACH $990.00 U.S.Asphalt Co. $401.32 EACH $1,203.96 • Page 4 of 5, 6/2 7/200 7 1:59:19 PM, Bid Tabulation, Generated by:admin for project OPW 51330 the City of Omaha to reject the contractors bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� for the City Funded Construction furnished by the City,which are by this reference, made a part of this agreement. And the Parties agree further as follows: SECTION 1. The State hereby agrees to present the Project to the FHWA for its approval, if necessary. SECTION 2. The City,with such assistance as may be required from the State,agrees to perform or cause to be performed a preliminary survey and all necessary plans, specification and estimates for the City Funded Construction. All plans, specifications,estimates and surveys must be presented to the State for approval as to form. The City agrees to provide the final plans and specifications for the City Funded Construction to the State by the submittal date of May18, 2007,at no cost to the State. The State agrees to incorporate these plans into the State's Project plans,at no cost to the City.The City Funded Construction is on 13th Street from Station 502+50 to Station 516+74, as shown on Exhibit"B". SECTION 3. The City agrees the plans and specifications for the City Funded Construction will be designed according to the 2007 State of Nebraska Standard Specifications for Highway Construction and all supplements thereto;the State of Nebraska Standard Plans for Highway Construction;AASHTO's Policy on Geometric Design of Highways and Streets;the Minimum Design Standards of the Board of Public Roads Classifications and Standards;Americans with Disabilities Act Accessibility Guidelines;and the State of Nebraska Roadway Design Manual. Any deviations from the above must be approved by the State. SECTION 4. The State agrees to provide such assistance as required in Section 2,and to receive and review all plans,specifications,estimates and surveys for the City Funded Construction to insure they conform to Federal Standards. SECTION 5. The City agrees to acquire all right-of-way and relocations,including the demolition of buildings and clearing of tracts,required for the City Funded Construction, including the two tracts located just east of 13th Street on the north side of M Street,at no cost to the State. SECTION 6. Preliminary engineering and Right-of-Way costs for the City Funded Construction performed by the City will not be eligible for FHWA funding. SECTION 7. The Parties hereto agree that the construction engineering for the City Funded Construction,which includes construction staking, inspection and field testing,will be accomplished by State forces. The State will provide a Project Manager who will be the day-to- -3- Project Nos. STPD-BR-275-7(174), STP-275-7(184), BR-275-7(185), &BR-275-7(186) State Control Nos.21574,21574A, 21574B, &21574C , City of Omaha South of Omaha Veterans Memorial Bridge ring Co.,Inc. $330.00 EACH $990.00 U.S.Asphalt Co. $401.32 EACH $1,203.96 • Page 4 of 5, 6/2 7/200 7 1:59:19 PM, Bid Tabulation, Generated by:admin for project OPW 51330 the City of Omaha to reject the contractors bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� • day contact to assure project oversight and who will conduct a final inspection of the City Funded Construction. SECTION 8. The Parties hereto agree that the State shall make sole determination as to the scheduling of the construction for the Project. The Parties further agree the State is to advertise and conduct a letting and receive bids for the Project, including the City Funding Construction. The selection of low bidder and the awarding of a contract shall be at the sole authority of the State. Said contract(s)will be solely signed by the State. SECTION 9: The City's share of the Project's cost shall be 20 percent of the eligible utility relocation,construction and construction engineering costs for the City Funded Construction. The remaining 80 percent share of the eligible costs for the City Funded Construction will be funded by the City's STP Funds obligated for the Project. The City's 20 percent share is currently estimated to be$224,720. The City recognizes this is a preliminary estimate and the • final costs may well be higher or lower. The final billing will be based on actual quantities and costs. Thirty days after the City Funded Construction has been awarded,the State will invoice the City for approximately one months advance of the City's share of the City Funded Construction costs. Based upon the City's estimated cost share and the estimated construction period of 15 months,this amount is currently estimated to be$14,981. The State will invoice the City thereafter in the amount of the City's share of the contractor's progress estimates. After the construction work has been completed and all costs accumulated,the final settlement between the Parties will be made by the State followingdetermination of final nal costs byfinal l audits. The State will prepare and submit a final statement to the City showing either a refund due to the City or a final bill due from the City. The State agrees to refund the City within thirty days after the final statement has been submitted. The City agrees to pay each invoice amount to the State within 30 calendar days of the invoice date. The City agrees that the City's final total cost share for the City Funded Construction shall be in accordance to the terms and conditions set forth as follows: (a) Preliminary Engineering and Right-of-Way: The City performed this work for the City Funded Construction,at no cost to the State. The City will not be invoiced by the State for any preliminary engineering or Right-of-Way costs for the City Funded Construction. -4- Project Nos. STPD-BR-275-7(174), STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos.21574, 21574A,21574B,&21574C City of Omaha South of Omaha Veterans Memorial Bridge .S.Asphalt Co. $401.32 EACH $1,203.96 • Page 4 of 5, 6/2 7/200 7 1:59:19 PM, Bid Tabulation, Generated by:admin for project OPW 51330 the City of Omaha to reject the contractors bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� (b) Utilities: The City agrees to pay all costs necessary to relocate utilities for the construction of the City Funded Construction. The project's eligible utility costs shall be based on the actual total cost to relocate the project eligible utilities that are required to be relocated due to construction of the City Funded Construction. The State will determine what utility work is eligible to be a project cost and what utility work is required for the City Funded Construction. (c) Construction Costs: The City's 20 percent cost share of the City Funded Construction shall be determined by the State after bids are received, based on bid • prices and plan quantities,and any credits or additional charges due. Construction credits or additional charges due will be made via change orders,changed quantities and plan revisions, hereinafter referred to collectively as"Changes". The State will have sole authority to allow any Changes required for the construction of the Project, including any Changes required for the construction of the City Funded Construction. When a Change is issued by the State,the City's share of the cost of the Project shall be adjusted in an amount equal to 20 percent of the additional costs or savings that result from said Change for work completed on the City Funded Construction. Prior to the issuing of a Change the State will notify the City of any change in participation. (d) Construction Engineering: The City agrees to pay 20 percent of the cost of construction engineering attributable to the City Funded Construction. The construction engineering costs shall be 8 percent of the total construction costs of the City Funded Construction. SECTION 10. The City agrees for the portion of the Project within its corporate limits: (a) To pass and enforce an ordinance as required to effect a no parking restriction within the Project's limits and outside of the Project's limits on the south side of Missouri Avenue west of 16th Street by installing a"No Parking"here to corner type sign.. (b) To prohibit filling stations, service stations or other business establishments being located in such a way that,vehicles being served will be required to stand on said public highway right-of-way. (c) To require that all future entrances from private property to the public right-of-way within the limits of this project receive prior approval of the Director or authorized representative. -5- Project Nos. STPD-BR-275-7(174),STP-275-7(184), BR-275-7(185), &BR-275-7(186) State Control Nos.21574,21574A,21574B,&21574C City of Omaha South of Omaha Veterans Memorial Bridge tate Control Nos.21574, 21574A,21574B,&21574C City of Omaha South of Omaha Veterans Memorial Bridge .S.Asphalt Co. $401.32 EACH $1,203.96 • Page 4 of 5, 6/2 7/200 7 1:59:19 PM, Bid Tabulation, Generated by:admin for project OPW 51330 the City of Omaha to reject the contractors bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� • (d) To clear,at no cost to the State,the present right-of-way of this project of all advertising signs,and any other privately owned facility or thing that may interfere with the construction,maintenance and operation of the improvement planned in this project,and to keep the old and new right-of-way free of future encroachments,except those authorized by permit from the City and approved by the State and Federal Highway Administration. (e) If the City performs any part of the work on this project itself,the City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat.§48-1101 through 48-1126,and all regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation,Title 49 CFR, Parts 21 and 27 as set forth in Exhibit"D"attached hereto and hereby made a part of this agreement. The reference to"Contractor" in this exhibit shall mean the"City." (f) Any changes in the roadway geometrics,either during the Project's construction or after the Project is completed, including but not limited to access control, driveways, median breaks, parking restrictions or any other traffic control items shall require prior approval of the State with Federal Highway Administration concurrence. (g) To provide,where the proposed construction involves a change in the grades established by City ordinance,that an amendment to said ordinance be passed, re-establishing said grades as shown in the plans without cost to the State. (h) That the State may use 131h Street,as shown on Exhibit"E"attached hereto and hereby made a part of this agreement,as a detour for US-275 traffic during two phases of construction of the Project. The State agrees to maintain 13th Street during its use as a detour and to return said street to the City at the conclusion of its use as a detour in the condition as it existed prior to its use as a detour. As shown on Exhibit"E",the detour location will be on 13th Street from US-275 north to 1-80,then on 1-80 east into Iowa to South 24th Street,then on South 24th Street south to US-275. It is anticipated that the detour will only be in use for a two month period in either the Fall of 2008 or the Spring of 2009 and for an eight month period,beginning after Labor Day 2009,when US-275 will be closed to traffic. The detour will not be in use during the College World Series. It is the Parties intent that all lanes on US-275& 13`"Street will be open for traffic during -6- Project Nos. STPD-BR-275-7(174),STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos. 21574, 21574A,21574B,&21574C City of Omaha South of Omaha Veterans Memorial Bridge $1,203.96 • Page 4 of 5, 6/2 7/200 7 1:59:19 PM, Bid Tabulation, Generated by:admin for project OPW 51330 the City of Omaha to reject the contractors bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� this event. US-275 and 13th Street will be kept open to traffic in at least one lane in each direction at all other times during construction of the Project except as otherwise provided herein. (i) The median openings on 13th Street at M Street and on US-275(Missouri Avenue)at 14th Street will be closed. (j) The City will be 100%responsible for the operation and maintenance of the sanitary sewers that are constructed under the Project and all associated costs thereof,at no cost to the State. • (k) To maintain,at no cost to the State,the portion of 10 foot sidewalk on the Missouri River bridge that is located in Nebraska, including but not limited to winter operations,such as snow removal,and repair of the surfacing,fence, and handrail. Said maintenance does not include repairs required on structural components of the Missouri River bridge. (I) To locate and reference or have located and referenced all land corner monuments required for construction of the City Fund Construction in accordance with Neb. Rev. Stat. §39-1708. SECTION 11. It is agreed and understood by the Parties hereto that Federal-Aid Policy Guide, 23 CFR 645A,"Utility Relocations,Adjustments and Reimbursement",and Federal-Aid Policy Guide, 23 CFR 645B, "Accommodation of Utilities"issued by the U.S. Department of Transportation, Federal Highway Administration,as supplemented, revised or updated heretofore, is hereby expressly made a part of and incorporated into this agreement by this reference. By signing this agreement,the City agrees to adopt,on the improvement contemplated in this agreement,the Nebraska Department of Roads'Policy for Accommodating Utilities on State Highway Right-of-Way issued by the State August, 1998,and its subsequent revisions or additions. • -7- Project Nos. STPD-BR-275-7(174),STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos.21574,21574A,21574B, &21574C City of Omaha South of Omaha Veterans Memorial Bridge it"E",the detour location will be on 13th Street from US-275 north to 1-80,then on 1-80 east into Iowa to South 24th Street,then on South 24th Street south to US-275. It is anticipated that the detour will only be in use for a two month period in either the Fall of 2008 or the Spring of 2009 and for an eight month period,beginning after Labor Day 2009,when US-275 will be closed to traffic. The detour will not be in use during the College World Series. It is the Parties intent that all lanes on US-275& 13`"Street will be open for traffic during -6- Project Nos. STPD-BR-275-7(174),STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos. 21574, 21574A,21574B,&21574C City of Omaha South of Omaha Veterans Memorial Bridge $1,203.96 • Page 4 of 5, 6/2 7/200 7 1:59:19 PM, Bid Tabulation, Generated by:admin for project OPW 51330 the City of Omaha to reject the contractors bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� The City further agrees: (a) To comply with Neb.Rev.Stat.§39-1361,and the rules and regulations of the State before making or allowing to be made, any utility excavation, pavement cuts or performing other activity upon said highway, and shall be responsible to see that all such work is performed according to the rules and regulations of,and by authority of a permit granted by the State. (b) To furnish or cause to be furnished all of the labor,tools,equipment and materials for the rehabilitation of its municipally owned utilities as made necessary by the construction of the Project. (c) To prepare and submit to the State, upon receipt of preliminary construction plans for the Project,a plan and estimate detailing anticipated location and nonbetterment costs for the rehabilitation of all municipally owned utilities as made necessary by the Project. It is mutually understood that all nonbetterment municipal utility rehabilitation costs within the corporate limits of the City will become a Project cost, but that outside said City limits only the nonbetterment portion of the rehabilitation costs of facilities currently occupying private right-of- way will be reimbursed. The cost of nonbetterment rehabilitation of municipally owned and operated utilities within the corporate limits is currently unknown. Should the Project necessitate the nonbetterment rehabilitation of any municipally owned and operated utilities,the Parties hereto agree to enter into an agreement to provide for the construction of the nonbetterment utilities and the reimbursement to the City for the State's share of the costs of the rehabilitation of municipally owned and operated utilities within the limits of the Project. Said agreement shall be entered into prior to utility work beginning. SECTION 12. All traffic control devices will conform to the latest approved edition of the Manual on Uniform Traffic Control Devices. If the City is to perform or contract for any work, they will develop a traffic control plan. The plan will be provided to the State's Project Manager for approval and acceptance. It will be the City's responsibility to operate and maintain the approved traffic control plan. SECTION 13. The City agrees that it will,without any cost to the State,provide and pay for the electrical energy for all of the luminaires of the roadway lighting system within its corporate limits,and the navigational lighting system on the Missouri River bridge,hereinafter referred to collectively as the"Lighting Systems",which may be constructed as a part of the Project, -8- Project Nos. STPD-BR-275-7(174), STP-275-7(184), BR-275-7(185), &BR-275-7(186) State Control Nos.21574,21574A,21574B, &21574C City of Omaha South of Omaha Veterans Memorial Bridge Page 4 of 5, 6/2 7/200 7 1:59:19 PM, Bid Tabulation, Generated by:admin for project OPW 51330 the City of Omaha to reject the contractors bid or to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� including the electrical energy which may be required during the construction period of the Project for lamp stabilization, luminaire adjustment,and system testing. Electrical energy shall be provided for dusk to dawn lighting,and the lighting level shall be uniform and constant through the hours of darkness. The City shall not knowingly permit any of the luminaires to remain inoperative for any unreasonable length of time. The City shall also provide all required maintenance for the said Lighting Systems at no expense to the State. Such required maintenance will include but not be limited to the repair or replacement of all defective and burned out lamps as may be discovered or reported or as may be revealed by at least monthly routine maintenance patrols,the cleaning of luminaires annually and also for repair or replacement of any part of the Lighting Systems which might be necessary as a result of material deterioration or mechanical or electrical failure.The City agrees that any repair or replacement parts furnished by the City in the maintenance of the Lighting Systems shall comply with State specifications and standards. In the event any part of the Lighting Systems are damaged,the City will be responsible for furnishing replacements for any equipment which is so damaged and will furnish all labor and other material necessary and will complete the repairs at no cost to the State. It is further understood that the City shall be entitled to all damages collected from any wrongdoer who may have put the City to the expense of having to repair the damaged Lighting Systems. 9 9 g Y SECTION 14. The City agrees.to provide electrical power for any traffic control signal system which may be constructed within its corporate limits as a part of the Project,at its own expense. The City further agrees at its own expense to maintain, operate and keep in good repair the said entire signal installation. In addition, in the event any part or parts of the signal system are damaged by causes other than normal wear and tear,the City agrees to repair such damage furnishing all labor and replacement parts or materials necessary to restore these said installations at the sole expense of the City and without any expense to the State. The City agrees that any repair or replacement parts furnished by the City in the maintenance of a signal system located on a state highway shall comply with State specifications and standards. It is further understood that the City shall be entitled to damages collected from any wrongdoer for the expense involved in repairing that portion of the signal installation maintained by the City. The City shall have jurisdiction in determining and controlling the cycle length,the interval, sequence, and the hours and manner of the signal operation for any signal system located on a state highway as provided by Neb.Rev.Stat. §60-6,120. -9- Project Nos. STPD-BR-275-7(174),STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos.21574, 21574A,21574B,&21574C City of Omaha South of Omaha Veterans Memorial Bridge r remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� • SECTION 15. The State hereby grants to the City a permit to use State highway right-of-way in the vicinity in which the.Lighting Systems and traffic control system will be constructed under the Project,for ingress and egress for the purpose of operating and maintaining the said Lighting Systems and traffic control system in accordance with this agreement. The City further agrees to comply with all traffic safety regulations, including those prescribed in the latest approved edition of the Manual of Uniform Traffic Control Devices and to use extreme caution when working in the State right-of-way and not block or encroach upon any traffic lane without first providing appropriate traffic control measures. SECTION 16. It is hereby agreed that plans and specifications for the Project will be on file in the office of the Department of Roads, Lincoln,Nebraska. SECTION 17. The Federal share of the City Funded Construction portion of the Project shall be reduced by any Project specific local property assessments that exceed the appropriate local share on the City Funded Construction. This is subject to State review. SECTION 18. The City and State will fully cooperate to cause the removal from public right-of- way, or correction or alteration in the public right-of-way,as necessary for the construction of the Project,of all pipe lines, poles or other underground or overhead services not owned by the City and are located within the corporate limits. SECTION 19. Because the City is to receive Federal Funds for the City Funded Construction, the City shall perform the services for all phases of work,including, but not limited to preliminary engineering,acquisition of Right-of-Way,construction(includes construction engineering),etc., according to Federal procedures and requirements. Although Federal Funds may be allocated to the City Funded Construction,all phases or certain phases of work will become ineligible for Federal Funds if Federal procedures and requirements are not met. Therefore,where the Federal government refuses to participate in the City Funded Construction or any portion of the City Funded Construction,the City is responsible for full project payment with no cost or expense to the St ate tate in the City Funded Construction. Should the City Funded Construction be abandoned before completion,the City shall pay all costs incurred by the State prior to such abandonment. SECTION 20. The Federal law governing acquisition and relocation on federally assisted projects is Public Law 91-646,the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, commonly called just the Uniform Act. The City shall comply with the Uniform Act,the State's Right-of-Way Acquisition guide for LPA's and the State's Right-of-Way Manual. -10- Project Nos. STPD-BR-275-7(174),STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos. 21574,21574A,21574B, &21574C City of Omaha South of Omaha Veterans Memorial Bridge State Control Nos.21574, 21574A,21574B,&21574C City of Omaha South of Omaha Veterans Memorial Bridge r remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� SECTION 21. The funding for the City Funded Construction under this agreement includes pass-through federal monies from the FHWA. According to the Single Audit Act Amendments of 1996 and the implementing regulations contained in OBM Circular A-133,the A-133 Audit is required if the non-federal entity expends$500,000 or more in total federal awards in a fiscal year. Non-federal entity means state and local governments and non-profit organizations. The City shall have its finance officer or auditor review the situation to determine what the City must do to comply with this federal mandate. If applicable,the expenditures related to the FHWA should be shown in the Supplementary Schedule of Expenditures of the Federal Awards under U.S. Department of Transportation as a pass-through Nebraska Department of Roads, Federal CFDA Number 20.205. If an A-133 Audit is performed,the City shall send the audit report to the Nebraska Department of Roads, Highway Audits Manager,P.O. Box 94759, Lincoln, NE 68509-4759. SECTION 22. DISADVANTAGED BUSINESS ENTERPRISES A. Policy The City shall ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal Funds under this agreement. Consequently,the disadvantaged business requirements of 49 CFR Part 26 are hereby made a part of and incorporated by this reference into this agreement. B. Disadvantaged Business Enterprises Obligation The City and State shall ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal Funds provided under this agreement. In this regard,the City shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. The City shall not discriminate on the basis of race, color, national origin,or sex in the award and performance of FHWA assisted contracts. The City, acting as a subrecipient of Federal-aid funds on this project shall adopt the disadvantaged business enterprise program of the State for the Federal-aid contracts the City enters into on this project. SECTION 23: The State agrees to construct the City Funded Construction under the Project, provided that;(1)the final plans package(100 percent signed plans,summary of quantities, status of utilities, specifications and permits)for the City Funded Construction are provided to -11- Project Nos.STPD-BR-275-7(174),STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos.21574, 21574A,21574B, &21574C City of Omaha South of Omaha Veterans Memorial Bridge -7(174),STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos. 21574,21574A,21574B, &21574C City of Omaha South of Omaha Veterans Memorial Bridge State Control Nos.21574, 21574A,21574B,&21574C City of Omaha South of Omaha Veterans Memorial Bridge r remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� the State 120 days prior to the Project's letting date,(2)a Right-of-Way Certificate for the City Funded Construction is provided to the State 30 days before the State advertises the Project for bids, and(3)the right-of-way necessary to construct the City Funded Construction has been acquired by the City before the State's contractor is ready to start construction on the City Funded Construction. This work is to be accomplished at no cost to the State. SECTION 24. The State hereby agrees: (a) To prepare and convey to the City, prior to construction,plans for the proposed Project. (b) To supervise and cause completion of the construction of the Project as shown in the plans. (c) To acquire all additional right-of-way and do all things,in pursuance of the Project, not specifically a duty of the City. (d) To reimburse the City for the nonbetterment rehabilitation of municipally owned utility facilities as provided in Section 11(c). (e) To construct the Project without cost to the City,except as provided in Section11(c),and except for the City Funded Construction. (f) To design,except for the City Funded Construction, as a part of the Project the Lighting Systems which meets present-day lighting standards. (g) To design, except for the City Funded Construction,a traffic control signal system,as required for the Project. Those plans shall be prepared by the State and will be available for inspection upon request by the City. -12- Project Nos. STPD-BR-275-7(174), STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos.21574,21574A,21574B, &21574C City of Omaha South of Omaha Veterans Memorial Bridge in whole or in part with Federal Funds provided under this agreement. In this regard,the City shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. The City shall not discriminate on the basis of race, color, national origin,or sex in the award and performance of FHWA assisted contracts. The City, acting as a subrecipient of Federal-aid funds on this project shall adopt the disadvantaged business enterprise program of the State for the Federal-aid contracts the City enters into on this project. SECTION 23: The State agrees to construct the City Funded Construction under the Project, provided that;(1)the final plans package(100 percent signed plans,summary of quantities, status of utilities, specifications and permits)for the City Funded Construction are provided to -11- Project Nos.STPD-BR-275-7(174),STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos.21574, 21574A,21574B, &21574C City of Omaha South of Omaha Veterans Memorial Bridge -7(174),STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos. 21574,21574A,21574B, &21574C City of Omaha South of Omaha Veterans Memorial Bridge State Control Nos.21574, 21574A,21574B,&21574C City of Omaha South of Omaha Veterans Memorial Bridge r remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City this lay of U ,2Cd� ATTEST: CITY 0 OMAHA Buster Brown Mike Fahey ler Mayor 4 EXECUTED by the State this 3 day of °:mil u ,20 Cam). STATE OF NEBRASKA DEPARTMENT OF ROADS James J. Knott, P.E. R adwa De ign /igineer- RECOMMENDED: Timothy a er, P.E. Dist ct 2 Engi r AGR13-ZW APPROVED AS TO FORM: DEPUTY CITY ATTORNEY -13- Project Nos. STPD-BR-275-7(174), STP-275-7(184), BR-275-7(185), &BR-275-7(186) State Control Nos.21574,21574A, 21574B,&21574C City of Omaha South of Omaha Veterans Memorial Bridge 3 7 * , OMAHA OOUGLAS COUNTY NEBRASKA f, tpi: ,....., , , /„.1 R.R.P.P. 189%.7 frh ..,..,.., . •.=, l HWY. US-275 . , N: , 0 STA. 107-77.63 BEGIN PROJECT _ 13TM STREET • 1 '...k„ :1, e 4. %. ''' '' ' STA. 528.06.50 .00.1,... g i ?ft.'''' 1 i k 1 4j r !:- . --.. STOP CONSTRUCTION ., kIt: i .,4 -i W ,. - , v,--PA i •,'• • P. 190.36 ' I -I' ' ' • % t I . . , , „ ; •-: ,••-•::-: "'-• : '-•:':'• 1'-'-‘,.',.:7f, :••` •i'i'..ii , , IOWA R.P. 0.00 HWY. US-275 0 $ i riz:: i • • --:-4,4,-. •„4.......:.K.,------------ F,T t., 1:-.;7 E',6..2 2 ,-, . ,,i--- , - I:,: •...;:if —...,.:::,:::,, , 'CORP LIMIT & • 1 r:::;; /77 . --:,"-7- STATE LINE; "‘ ", ' ' .,,I..; „-,',-i. ...,. ....e,e.:.„ 1,, —A4""44,-77 -. ,_ i „ -; f); -, , 4.,...44........ 1 —, Ei ' -..-- fti - iJ 4 . P.N4 s '.. i , ,, C ' T' •': :N . 9,..• 1 I - -41i-'r: ; '/:' , IOWA P.P. 1 .07 1 1,-,..-, , ' •-:I. l' HWY. US-275 $ 0, -..-.- k' '. STA. 194-28.88 -•••• .• -.•• , fi,' 4••:' i;, 1 ; ' ' ENO PROJECT •H .-', ..:f",!". il 13TH STREET STA. 502.50 RESUME CONSTRUCTION 275 - 7 ( 174 ) C. N. 21574 275 - 7 ( 184 )C. N. 21574A 275 - 7 ( 185 )C. N. 21574B 275 - 7 ( 186 ) C. N. 21574C E X• H I B I T li A ' able steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. The City shall not discriminate on the basis of race, color, national origin,or sex in the award and performance of FHWA assisted contracts. The City, acting as a subrecipient of Federal-aid funds on this project shall adopt the disadvantaged business enterprise program of the State for the Federal-aid contracts the City enters into on this project. SECTION 23: The State agrees to construct the City Funded Construction under the Project, provided that;(1)the final plans package(100 percent signed plans,summary of quantities, status of utilities, specifications and permits)for the City Funded Construction are provided to -11- Project Nos.STPD-BR-275-7(174),STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos.21574, 21574A,21574B, &21574C City of Omaha South of Omaha Veterans Memorial Bridge -7(174),STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos. 21574,21574A,21574B, &21574C City of Omaha South of Omaha Veterans Memorial Bridge State Control Nos.21574, 21574A,21574B,&21574C City of Omaha South of Omaha Veterans Memorial Bridge r remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� OMAHA OOUGLAS COUNTY NEBRASKA R,P. 189.79 HWY. US-275 STA. 107.77.63 BEGIN PROJECT NO. STP-275-7( 184) 113TH STREET STA. 528.06.50 R.P. 190-00 STOP CONSTRUCTION HWY. US-275 STA. 118.75.51 ENO PROJECT NO. SIP-275( 184) BEGIN PROJECT NO. BR-275-7( 185) ty 190-29 iHWY. US-275 ..„-Af• /- - STA. 134.23.00 ;;; 4' :1 —.-:-? 1END PROJECT NO. BR-275-7( /85) 3620A BEGIN PROJECT NO. BR-275-7( 186) , R.P. 190-36 HWY. US-275 -- STA. 137-66.22 CORP LIMIT el, g a STATE LINE • - i; 1HWY. US-275 p! TA. 1,40.48.00 4, .4 'END PROJECT NO. BR-275-7( 1861 dtd, - 1311-1 STREET - ISTA. 516.74 ! gNo CITY FUNDED It , !CONSTRUCTION 13TH STREET \ STA. 502.50 --RESUME CONSTRUCTION IBEGIN CITY FUNDED !CONSTRUCTION 275 - 7 ( 174 )C.N. 21574 275 - 7 ( 184 ) C.N. 21574A 275 - 7 ( 185 ) C.N. 21574B 275 - 7 ( 186 ) C.N. 21574C EXH I I T 11 B " 1 1,-,..-, , ' •-:I. l' HWY. US-275 $ 0, -..-.- k' '. STA. 194-28.88 -•••• .• -.•• , fi,' 4••:' i;, 1 ; ' ' ENO PROJECT •H .-', ..:f",!". il 13TH STREET STA. 502.50 RESUME CONSTRUCTION 275 - 7 ( 174 ) C. N. 21574 275 - 7 ( 184 )C. N. 21574A 275 - 7 ( 185 )C. N. 21574B 275 - 7 ( 186 ) C. N. 21574C E X• H I B I T li A ' able steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. The City shall not discriminate on the basis of race, color, national origin,or sex in the award and performance of FHWA assisted contracts. The City, acting as a subrecipient of Federal-aid funds on this project shall adopt the disadvantaged business enterprise program of the State for the Federal-aid contracts the City enters into on this project. SECTION 23: The State agrees to construct the City Funded Construction under the Project, provided that;(1)the final plans package(100 percent signed plans,summary of quantities, status of utilities, specifications and permits)for the City Funded Construction are provided to -11- Project Nos.STPD-BR-275-7(174),STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos.21574, 21574A,21574B, &21574C City of Omaha South of Omaha Veterans Memorial Bridge -7(174),STP-275-7(184), BR-275-7(185),&BR-275-7(186) State Control Nos. 21574,21574A,21574B, &21574C City of Omaha South of Omaha Veterans Memorial Bridge State Control Nos.21574, 21574A,21574B,&21574C City of Omaha South of Omaha Veterans Memorial Bridge r remedies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title I 1 i Neuf 1 Date of Signing ('°L Firm or Corporate Name l__.1"C— (L..T, e►" *1-1-;C Address `3`�2 F. ' €e f C-%-tA r4#\ �t Telephone Number 4c arding any questions you might have. ❑ 4. Exhibit B — completed "Contractor Employment Data Form". Should the bidder fail to comply with the above, its bid will be subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. SIGN ALL COPIES Firm C � • Lct� By Title k LC St.*JE rprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� NONDISCRIMINATION CLAUSES During the performance of this contract,the contractor,for itself, its assignees and successors in interest(hereinafter referred to as the"contractor"),agrees as follows: (1) Compliance with Regulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation(Title 49, Code of Federal Regulations, Parts 21 and 27, hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor,with regard to the work performed by it after award and prior to completion of the contract work,will not discriminate on the basis of disability, race,color,sex, religion or national origin,in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix"A,""B,"and"C"of Part 21 of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract,including procurements of materials or equipment,each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of disability, race,color, sex,religion or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations,or orders and instructions issued pursuant thereto, and will permit access to its books, records,accounts,other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information,the contractor shall so certify to the State Highway Department,or the Federal Highway Administration as appropriate,and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance:.In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,including but not limited to, • (a) withholding of payments to the contractor under the contract until the contractor complies,and/or (b) cancellation,termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph(1) through(6)in every subcontract,including procurements of materials and leases of equipment, unless exempt by the Regulations,order,or instructions issued pursuant • thereto.The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however,that,in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction,the contractor may request the State to enter into such litigation to protect the interests of the State,and in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. . EXHIBIT"D" from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� OMAHA DOUGLAS COUNTY NEBRASKA I •, • : '. .... : , • .. • - , ',• <5 . . .- .,,, •C.) ?..• . ,. ,,^ , ; . --- ---1 -. . , .. . . , . . - .. , ,... .I --480 imlimmisc minim—mil-sin-- ''— ,.._ -,...- 01 ,, up 'q - • ;,'-' - - ,J 5 , ''', ; ' • ---- ', 7 ' , 13 , • - ,, '-:. •-'''- '' ,, ,".„ --;--,',. ; - ' _ , -- - ' 5.,i..,...-• , . -.:-- ; , . • • ; \ ,3 ,,, ,'. ., ,. ..-,f, . _ ... - : 48-0- , ',.? :. -- :: ! ' ,.. - 1 misall, MIMI . „ j , :', ;-' i '---issill0113 ,. - III 7- • ■ A-- ,- 'ft. 0) ■ M • 7 .. li (z- . . . o I - ■ III „,.., ,,, ■ 111 0, , - • . , . , • , , , _ . ' , ....A . _ , .. , „•,.. , - . . : .. :. . ••••I • , ".. .--,.----------------------' , , . ,,, • 1 275 - 7 ( 174 ) C.N. 21574 275 - 7 ( 184 )C.N. 21574A ExHIBIT HE Ill 275 - 7 ( 185 ) CM. 215748 275 - 7 ( 186 ) C. N., 21574C , . ,.... y- . , ,,- --, - - • - - : - - nondiscrimination on the basis of disability, race,color, sex,religion or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations,or orders and instructions issued pursuant thereto, and will permit access to its books, records,accounts,other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information,the contractor shall so certify to the State Highway Department,or the Federal Highway Administration as appropriate,and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance:.In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,including but not limited to, • (a) withholding of payments to the contractor under the contract until the contractor complies,and/or (b) cancellation,termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph(1) through(6)in every subcontract,including procurements of materials and leases of equipment, unless exempt by the Regulations,order,or instructions issued pursuant • thereto.The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however,that,in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction,the contractor may request the State to enter into such litigation to protect the interests of the State,and in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. . EXHIBIT"D" from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� c-25a CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the State of Nebraska Department of Roads (NDOR) has plans for the construction of a new South Omaha Veterans Memorial Bridge which will also include reconstruction of US-275 and 13th Street on the west side of the bridge in conjunction with the new bridge project; and, WHEREAS, the City would like to construct enhancements to 13th Street by the Gibson Road Viaduct such as turn lanes, widening of 13th Street in the same area and improved lighting; and, WHEREAS, the cost of such enhancements are eligible for Federal Highway Administration Surface Transportation program funds in the amount of$898,880 with the City of Omaha's local 20% share being $224,720 which will come from the 2006 Transportation Bond Fund 13182, 2007 Issue Transportation Bond Organization 117112; and, WHEREAS, the terms and conditions of the agreement with NDOR are listed in the attached Program Agreement, which by this reference becomes a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Program Agreement with the State of Nebraska Department of Roads for enhancements to 13th Street by the Gibson Road Viaduct by constructing such features as turn lanes, widening of 13th Street and improved lighting is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the City of Omaha's local 20% share of the cost of these improvements in the amount of $224,720 from the 2006 Transportation Bond Fund 13182, 2007 Issue Transportation Bond Organization 117112. APPROVED AS TO FORM: P:\PW\17429maf.doc 07" % CITY ATTORNEY DATE By 2 4 �oo, Councilmember Adopted JUL ( -0 Aer-2,14 City Clerk Approved 7107 Mayor to its books, records,accounts,other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information,the contractor shall so certify to the State Highway Department,or the Federal Highway Administration as appropriate,and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance:.In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,including but not limited to, • (a) withholding of payments to the contractor under the contract until the contractor complies,and/or (b) cancellation,termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph(1) through(6)in every subcontract,including procurements of materials and leases of equipment, unless exempt by the Regulations,order,or instructions issued pursuant • thereto.The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however,that,in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction,the contractor may request the State to enter into such litigation to protect the interests of the State,and in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. . EXHIBIT"D" from the City of Omaha website at ,vww.ci.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBE/DBE CERTIFIED LISTINGS". 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 °CTC., Gc�5tRtat4Th Inc Gated in '1��' v (State) ' �.? Name �l N�.��R.t:� A�.ie.�Signature Title esi'Ac=ri1- Phone 402"3‘33 -ifes ax yc2-.33 -0 7oj1 Address 1,- 1,a' 0rAAKA Street/P.O.Box City State Zip • E-Mail Address Tt pA J. € C`oC- 1.�r�� t t4—f. cc: \�� 0 CD 0 CD cn g � 0, W �1hhiU N O Q4 N p P O �. Ccc: cm: sc) 6 ° �V o v p N �7 � � Wn �0s= „ p CD C . � -— A> 1-y A> Buster Brown Mike Fahey ler Mayor 4 EXECUTED by the State this 3 day of °:mil u ,20 Cam). STATE OF NEBRASKA DEPARTMENT OF ROADS James J. Knott, P.E. R adwa De ign /igineer- RECOMMENDED: Timothy a er, P.E. Dist ct 2 Engi r AGR13-ZW APPROVED AS TO FORM: DEPUTY CITY ATTORNEY -13- Project Nos. STPD-BR-275-7(174), STP-275-7(184), BR-275-7(185), &BR-275-7(186) State Control Nos.21574,21574A, 21574B,&21574C City of Omaha South of Omaha Veterans Memorial Bridge 3 7