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RES 1999-2660 - Contract with Negus & Sons Inc for grading of Logan Fontenelle Redevelopment Plan w . F DN►AHA,^'a Planning Department ��`, °s� RECEIVED Omaha/Douglas Civic Center u Me �1!�,� 7 1819 Farnam Street,Suite 1100 2 `j f��. R a„ 99 SEP 28 A maha,Nebraska 68183-0110 74.17"4147 (402)444-5200 O•F.: .3.y2 �!;:.':i.'. �ACITY r v t-� (402)444 5150 ° a `1 i CLERK Telefax(402)444-6140 R�TFD FEB".RV�4 September 28, 199� A A i E B R I S l City of Omaha Robert C.Peters Acting Director Hal Daub,Mayor . Honorable President and Members of the City Council The attached Resolution approves a Contract with Negus & Sons, Inc., for overlot grading of the former Logan Fontenelle Homes site into a business park and residential subdivision. The Logan Fontenelle Redevelopment Plan which authorizes this work was approved by the City Council on May 5, 1998,by Resolution No. 1152. r The following bids were received on September 22, 1999. The Engineer's Estimate for this project is $709,225.00. CONTRACTOR BID NEGUS & SONS, INC. $580,018.50 C. R. Welshiemer Company $676,660.00 Anderson Excavating Company $692,930.00 The Finance Department is authorized to pay the cost of GR9920, North Omaha Business Park/Concord Square - Site Grading at 20th and Paul Streets from the Community Development Block Grant-Logan Fontenelle Development Project, Fund 193, Agency 200, Organization 8330. The last review by the Human Relations Director showed the Contractor is in compliance with Ordinance No. 28885, and that the Contractor has on file a current Annual Contract Compliance Report Form(CC-1). As in City policy, the Human Relations Director will continue to review the Contractor to ensure compliance with the Contract Compliance Ordinance. The Planning and Finance Departments recommend acceptance of the bid from Negus &Sons, Inc., in the amount of$580,018.50,being the lowest and best bid received,and request your consideration and approval of this Resolution. Respectfully submitted, Referre City C uncil for Consideration: , 1.1_,L / , i7' ___, 7- Z-Z--f9 . , .. 0-77941 Robert C. Peters Date Mayor's Office/Title Date Acting Planning Director ved as to Funding: Approved: kQL Pa, & 9/7 y Louis A. D'Ercole ate Kellie Paris Late Finance Director' Human Relations Director • P:\PLN3\7686.MAF Proposal for Project No: GR 9920 ' Omaha,Nebraska Bid Opening Date: SEPTEMBER 22. 1999 ' Mayor and City Council City of Omaha Omaha, Nebraska The undersigned, having carefully examined the plans, specifications and all addenda thereto, and other contract documents, for the construction of: GR9920 being NORTH OMAHA BUSINESS PARK!CONCORD SQUARE - SITE- GRADI i G ' and having carefully examined the site of work and become familiar with all• local conditions including labor affecting the cost thereof, do thereby propose to furnish all labor, mechanics, superintendence, tools, material, equipment and all utilities, transportation and services necessary to perform and complete said work, and work incidental thereto, in a workmanlike manner, as described in said specifications and%or plans and other contract documents, including Addenda Numbers_ I issued thereto for the base bid sum I.L/ND,2E0 O (JSA-AJ D DOLLARS b O and j i 5C'I CENTS (S O 0/Cis _) The undersigned further certifies that he has personally inspected the actual location of the work, togo- e with the local sources of supply, and that he understands the conditions under which the work is to be performed, or that if he has not so inspected the site and conditions of the work, that he waives all right to 14,27•.,„plead any misunderstanding regarding the work required or conditions peculiar to the same. ersigned understands that the "QUANTITY" called for in the "SCHEDULE OF PRICERS" is subject to increase or decrease, and hereby proposes to perform all quantities of work, as increased or decreased, in accordance with the plans and the provisions of the specifications at the unit price bid. The following is the itemized proposal: P! BY 1 irioirtai l�i i tU l:il�P E.Lrhia r 1 aV �F�FBTTII I 5 RFii OR I need to Purehr shag Age-fit Construction P-1 • iJ PG_ g� 3i97 J 1 I ADDENDUM NO. 1 DATE OF ISSUE September 17, 1999 DATE OF ADVERTISEMENT September 8, 1999 DATE OF BID OPENING September 22, 1999 PROJECT NO. GR 9920 North Omaha Business Park/Concord Square - Site Grading NOTICE TO PLAN HOLDERS: THE FOLLOWING REVISIONS TO THE PLANS, CONTRACT DOCUMENTS AND SPECIAL PROVISIONS SHALL BE ACKNOWLEDGED ON PAGE P-1 OF THE BIDDER'S PROPOSAL. CONTRACT DOCUMENTS (per attached) Special Provisions Bid Proposal (revised P2 page attached) PLANS (enclosed) 3 revised sheets—sheet 1 of 5, sheet 2 of 6, and sheet 3 of 5 inrtwsil i fED BY CITY Watt OPENED DV COMMITTEE I AS PER ORD#25448 tlorone.el to Purcheeng Agent SEP 2 J 99 CITY OF OMAHA PUBLIC WORKS DEPARTMENT BY gt-Cutt,Cl.r AProj Engineer it Enginee - Transportation Services document2 page 1 ADDENDUM NO. 1 TO PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS TO: ALL PLANHOLDERS AND PROSPECTIVE BIDDERS FOR: NORTH OMAHA BUSINESS PARK/CONCORD SQUARE SITE GRADING CITY PROJECT NO. GR 99-20 LRA JOB NO. 99018.00-016 OWNER: CITY OF OMAHA PLANNING DEPARTMENT ENGINEER: LAMP, RYNEARSON &ASSOCIATES, INC. 14710 West Dodge Road, Suite 100 Omaha, Nebraska 68154-2029 DATE: SEPTEMBER 17, 1999 The following changes,corrections,clarifications and additions shall be made to the Plans,Specifications,and Contract Documents for the above-named project and shall be as binding as if incorporated in the original Contract Documents. The Contractor shall acquaint himself with all aspects of this Addendum. All other provisions and stipulations of the Contract Documents remain in effect, as originally issued. The Contractor shall acknowledge receipt of all addenda on the Proposal Form. The following shall be deleted, modified or added to as follows: CONTRACT DOCUMENTS A. SPECIAL PROVISIONS 1. Special Provisions, General Requirements Page S.P.-6:2 Transformers Handling, revise section to read as follows. TRANSFORMERS HANDLING Existing electrical transformers and switch boxes, including pads, and fence shall be removed and disposed of to an off-site approved location. The oil within the transformers has not been tested for PCB content. Oil in the transformers engine may contain PCB's above regulated levels. The handling of the transformers and removal shall be performed as follows: The transformers and associated hazardous substances must be disposed of in accordance with 40CFR761. The CONTRACTOR shall submit a disposal plan to the City at least 2 weeks prior to removal of this equipment. The plan shall identify the disposal facility and include a description of the methods of removal, transportation, processing, treatment, and disposal. The CONTRACTOR shall notify the ENGINEER at least 48 hours in advance of actual removal to permit a representative to observe and document the removal. The CONTRACTOR will be required to test for PCB's as part of his disposal plan. The transformers must be removed from the site intact and transported to an authorized facility for treatment or disposal. Disposal may require draining of the oil from the transformer, but this must be done at an off-site facility. Transformer-oil may not be drained from the transformers on the project site. North Omaha Business Park/ Concord Square Site Grading Addendum No. 1 LRA Job No. 99018.00-016 September 17, 1999 Page 2 All work related to the transformers removal, handling and hauling of to an off-site location as described above or as directed by the ENGINEER shall be measured as each and be paid for at the contract unit price under"Remove Transformer, Concrete Pad and Fence". The contract unit price shall include all materials, equipment, labor, transportation and handling necessary to complete the work as described above or as directed by the ENGINEER. 2. Special Provisions,Site Grading. S.P.-7:3,Paragraph 8"Compaction and Moisture Requirements", revise subparagraph "a" to read as follows: a. All layers of embankment shall be compacted at a moisture content from 4%below to 4%above the optimum moisture content to not less than 95% of the maximum dry density. 3. Special Provisions, Site Grading, Paragraph 11 "Measurement and Payment, add the following new subparagraphs: m. Tap 18"C.S.P. Into Existing Inlet. "Tap 18"C.S.P. Into Existing Inlet"shall be measured for payment by the contract unit price each,and shall be full compensation for all labor, materials and equipment necessary or incidental to tap into the inlet, remove existing concrete fillet as required, grout to provide a smooth shaped invert, and cleanout the inlet of sediment and debris as necessary to provide smooth and unobstructed flow. n. Remove Water Main. Remove water main shall be measured for payment at the contract unit price "per linear foot"and shall be full compensation for all labor, materials, and equipment necessary or incidental for excavating, removing water main off the project site, backfilling and compaction to the equivalent of 101% of the adjoining soil. o. Remove Gas Main. Remove gas main shall be measured for payment at the contract unit price"per linear foot" and shall be full compensation for all labor, material, and equipment necessary or incidental for excavating, removing gas main off the project site, backfilling and compaction to the equivalent of 101% of the adjoining soil. p. Construct Level Terraces. Level terraces shall be measured for payment at the contract unit price "per linear foot" and shall be full compensation for all labor, materials and equipment necessary or incidental to complete this work. q. Construct Interceptor Dike/Swales. Interceptor dike and swales shall be measured by the linear foot and shall be full compensation for all labor, materials and equipment necessary or incidental to complete this work. 4. Bid Proposal Sheet P2: Revise Bid Proposal Items No. 3 and 5 to read as follows: 3. Clearing and Grubbing Trees Over 18"to 27" Diameter 97 EA 5. Clearing and Grubbing Trees Over 36"to 48" Diameter 16 EA L North Omaha Business Park/ Concord Square Site Grading Addendum No. 1 LRA Job No. 99018.00-016 September 17, 1999 Page 3 B. PLANS 1. Sheet 1 of 5 - Revise Approximate Quantities Items No. 3 and 5 to read as follows: 3. Clearing and Grubbing Trees Over 18"to 27" Diameter 97 EA 5. Clearing and Grubbing Trees Over 36"to 48" Diameter 16 EA 2. Sheet 2 of 6 - Four trees marked for removal shall be saved. 3. Sheet 3 of 5- Final Contours, Level Terraces, and Interceptor Dike/Swales were slightly modified in the park area. END OF ADDENDUM Yours truly, P NEARS N SOCIATES, INC. �. Rickey Carter, P.E. Senior Project Engineer /sm cc: Bob Peters-City of Omaha Planning Director James Thele -City of Omaha Planning Dept. Geoff Goodwin -City of Omaha Public Works Dept. Mike Wiese-Grubb & Ellis Pacific Realty O:\PROJECTS\99018\Grading\Addendum#1.wpd Bid Proposal City of Omaha Project No.:GR 99-20 PROJECT DESCRIPTION:NORTHOMAHA BUSINESS PARK/CONCORD SQUARE Item Bid Item Description Approximate Unit Unit Amount City Item • Quantity Price 00 00 1 CLEARING AND GRUBBING-GENERAL 1.00 LS %/CDO 747009 100.000 2 CLEARING AND GRUBBING TREES OVER 9"TO 18"DIAMETER 4.00 EA 25000 /040o 01.000 OO b 3 CLEARING AND GRUBBING TREES OVER 18"TO 27"DIAMETER 97.00 EA 30 2 l/i O 101.001 � 4 CLEARING AND GRUBBING TREES OVER 27"TO 36"DIAMETER 44.00 EA !lu/ �/7� 6101.002 CO o 5 CLEARING AND GRUBBING TREES OVER 36"TO 48"DIAMETER 16.00 EA 500 ea) 101.003 6 REMOVE PAVEMENT-ASPHALT 6,200.00 SY 3" 2.2 4 7 106.000 7 REMOVE PAVEMENT-CONCRETE 1,450.00 SY ,3�'© ,.)J365 mp106.000 8 REMOVE DRIVEWAY 345.00 SY 370 /Z7�p s� 108.000 CO 9 REMOVE TRANSFORMER,CONCRETE PAD,AND FENCE 19.00 EA /WO !70a9 # ©0 00 10 REMOVE AND REPLACE CHAIN LINK FENCE 625.00 LF 5 3/25 111.002 00 O(? 11 REMOVE FENCE 400.00 LF ' 2 111.000 00 co 12 MISCELLANOUS REMOVAL 1.00 LS 2f00 160 # 00 CO 13 REMOVE INLET 4.00 EA 131.000_ 00 14 REMOVE 12"OR SMALLER SEWER 3,380.00 LF ? 5♦ I 120.012 15 REMOVE 15"TO 18"SEWER PIPE 830.00 LF /0 © oc� 83l�J 120.018 «0 16 CONSTRUCT 96"CHAIN LINK FENCE 275.00 LF /0 2750" 740.096 17 CONSTRUCT 18"C.S.P. 30.00 LF ' ie CO •0 W 408.018 18 CONSTRUCT 8"PIPE PLUG 5.00 EA /50 00 7 00 520.008 00 19 CONSTRUCT 15"PIPE PLUG 1.00 EA ZjO 2t.27op 520.015 20 TAP 18"C.S.P.INTO EXISTING INLET 1.00 EA '/0 �� o�g0 # 21 REMOVE WATER MAIN 2,100.00 LF / CO /26,OO/�0O # pp 22 REMOVE GAS MAIN 1,265.00 LF (� Q� 75?O # �j A? 23 EARTHWORK(EXCAVATION) 88,600.00 CY / a /Z! 0D 104.000 00 24 REMOVE AND REPLACE UNSUITABLE MATERIAL 10,500.00 CY 3©® 3/„5“../> 104.010 25 HAUL OFF EXCESS EXCAVATION 10,500.00 CY25° 00 �6 50 _ 00 26 REMOVE AND HAUL OFF SITE CONTAMINATED SOIL 500.00 CY 4/0 2®� # Engest99.123 P2 1 b f`. 80 27 STRIPPING,STOCKPILING,AND RESPREADING TOPSOIL 38,000.00 CY ® W �/ BO# 28 CONSTRUCT SEDIMENT TRAP 1.00 LS 8000 # 29 CONSTRUCT LEVEL TERRACES 2,300.00 LF o 5 5/.7 r�o 30 CONSTRUCT INTERCEPTOR DIKE/SWALES 1,500.00 LF OZ 375 # 00 31 CONSTRUCT SILT BASIN 1.00 LS!_ /3�D # 32 CONSTRUCT SILT FENCE 5,000.00 LF 2 5o /2 # 33 CLEANOUT SILT BASIN 500.00 CY Z 00 CO/6199 # _ 34 CLEANOUT SILT FENCE 500.00 LF / 80 /®® CO # 35 SEEDING-TPYE"A"(TEMPORARY) 141,400.00 SY V o 127 606.001 36 SEEDING-TPYE"A"(PERMANENT) 29,100.00 SY O" 5820 606.001 #INDICATES THAT NO ITEM NUMBER IS CURRENTLY AVAILABLE a y / TOTAL BASE BID(ITEMS 1 THROUGH 36 INCLUSIVEI 5��O!e 5Q Engest99.123 P2 2 1 i 'a. IBid Proposal ICity of Omaha Project No.:GR 99-20 I PROJECT DESCRIPTION:NORTHOMAHA BUSINESS PARK/CONCORD SQUARE I . Item Bid Item Description Approxi r.to Unit Unit Amount City Item IOu. tity Price 1 CLEARING AND GRUBBING-GEN L 1.00 LS 100.000 2 CLEARING AND GRUBBING TREES O,ER 9"TO 18"DIAMETER 4.00 EA 101.000 I 3 CLEARING AND GRUBBING TREES OVE-• 18"TO 27'DIAMETER 94.00 EA 101.001 4 CLEARING AND GRUBBING TREES OVER 2 "TO 36"DIAMETE- 44.00 EA 101.002 I 5 CLEARING AND GRUBBING TREES OVER 36" •48"DIAMET R 15.00 EA 101.003 6 REMOVE PAVEMENT-ASPHALT 6,200.00 SY 106.000 7 REMOVE PAVEMENT-CONCRETE 1,450.00 SY 106.000 8 REMOVE DRIVEWAY 345.00 SY 108.000 I 9 REMOVE TRANSFORMER,CONCRETE PAD,AND ENCE 19.00 EA # 10 REMOVE AND REPLACE CHAIN LINK FENCE 625.00 LF 111.002 11 REMOVE FENCE 400.00 LF 111.000 12 MISCELLANOUS REMOVAL 1.00 LS # 13 REMOVE INLET 4.00 EA 131.000 I 14 REMOVE 12"OR SMALLER SEWE- 3,380.00 LF 120.012 15 REMOVE 15"TO 18"SEWER PIP' 830.00 LF 120.018 I16 CONSTRUCT 96"CHAIN LINK. ENCE 275.00 LF 740.096 17 CONSTRUCT 18"C.S.P. 30.00 LF 408.018 I • 18 CONSTRUCT 8"PIPE P G 5.00 EA 520.008 19 CONSTRUCT 15"PI' PLUG 1.00 EA 520.015 20 TAP 18"C.S.P.INTO EXISTING INLET 1.00 EA # I21 REMOVE WATER MAIN 2,100.00 LF # 22 REMOVE GAS MAIN 1,265.00 LF # 1 23 EARTHWORK(EXCAVATION) 88,600.00 CY 104.000 24 REMOVE AND REPLACE UNSUITABLE MATERIAL 10,500.00 CY 104.010 I 25 HAUL OFF EXCESS EXCAVATION 10,500.00 CY # 26 REMOVE AND HAUL OFF SITE CONTAMINATED SOIL 500:00 CY # I Engest99.123 P2 1 I I27 STRIPPING, ' OCKPILING,AND RESPREADING TOPSOIL 38,000.00 CY # 28 CONSTRUCT SE. • ENT TRAP .00 LS # I 29 CONSTRUCT LEVEL T 'RACES 300.00 LF # 30 CONSTRUCT INTERCEPTO''.DIKE/SWALES 1,500.00 LF # 31 CONSTRUCT SILT BASIN 1.00 LS # 32 CONSTRUCT SILT FENCE 5,000.00 LF # I33 CLEANOUT SILT BASIN 500.00 CY # 34 CLEANOUT SILT FENCE 500.00 LF # I 35 SEEDING-TPYE"A"(TEMPORARY) 141,400.00 SY 606.001 36 SEEDING-TPYE"A"(PERMANENT) 29,100.00 SY 606.001 I #INDICATES THAT NO ITEM NUMBER IS 'URRENTLY AVAILABLE TOTAL BASE BID(ITEMS 1 THROUG 6 INCLUSIVE1 I • I . II . I I Engest99.123 P2 2 • ' The City of Omaha will furnish the successful contractor with Form No. 92,PURCHASING AGENT APPOINTMENT AND EXEMPT SALE CERTIFICATE, for all material items required in the construction of this project, which the State of Nebraska considers to be exempt from the State Sales Tax. ' For each bid item, the bidder shall quote a TOTAL UNIT PRICE. The UNIT PRICE shall include all costs, including, material, necessary to complete the UNIT item of work. Failure to quote a TOTAL UNIT PRICE may be cause for rejection of the proposal. ' In the event of discrepancy between the TOTAL PRICEquoted in the proposal and a correct summation of P Y P P the products of QUANTITY and TOTAL UNIT PRICES the latter shall control. ' The undersigned hereby agrees to furnish the required bonds and to sign the contract within ten (10) calendar days from and after the acceptance of this proposal, and further agrees to begin and complete all work covered by the specifications and/or plans within the time limits set forth herein. Accompanying this proposal, as a guarantee that the undersigned will execute the contract agreement and ' furnish a satisfactory bond in accordance with the terms and requirements of the specifications, is a cashier's check, a certified check, United States Government Bond(negotiable) or a bidder's bond for SY0 oft I It is hereby agreed that in case of failure of the undersigned either to execute the contract agreement or to ' furnish satisfactory contract bond within ten (10) days after receipt of NOTICE TO AWARD, the amount of this proposal guarantee will be retained by the City of Omaha, Nebraska, as liquidated damages arising out of the failure of the undersigned either to execute the contract agreement or to furnish bonds as proposed. It ' is understood that in case the undersigned is not awarded the work, the proposal guarantee will be returned as provided in the specifications. The undersigned agrees to accomplish the work in its entirety by May 1,2000. and shall be prepared to begin no later than October 11. 1999, ( The grading of Lot #2 shall commence imediately following the notice to proceed and shall be completed within two weeks. but no later than October 25, 1999)_ ' and to forfeit liquidated damages as set forth in Section 108.08 of the Specifications in the event of over-run of time. ' The undersigned also agrees, if awarded the Contract, to furnish bonds as required by the specifications for the faithful performance of the work and guarantee workmanship and material under Contract for a period of two (2) years from the date of final acceptance of the work. Construction P-3 8/97 • If awarded the Contract, our Surety will be R soci. lNSuovtiGi, (641PAI-`0 ' /n `'�/�, �!!,I(Name 'of Surety Company) of 1' Irf}°aw)/ 1 A)5VIMiJt4 ' Respectfully submitted. Signature of Bidder: ' (a) If an individual doing business as: (b) If a Partnership: ' Member of Firm Member of Firm ' (c) If a Corporation: 10660S-SOALS ANC. Name of Corporation /4 /2,/ey Officer P!W 5 Title Witness ATTEST: WY/IUD) Business Address and Telephone No.: 6too N6r �� Sal C q6z,) (15 '921`? ' Construction P-4 . 8/97 1 • I "CERTIFICATE " IA Corporate Contractor, in submitting this Proposal, hereby represents that the Corporation has complied with all Nebraska Statutory requirements, which are prerequisite to its being qualified to do business in the State of Nebraska, or that it will take all steps necessary to so qualify, if the successful bidder. • I46us-S005 Inc Name of Corporation I a Officer I ffcc PAE5 I Title IIf Foreign Corporation: Nebraska Resident Agent I I I I Construction P-5 8/97 ITO THE CITY OF OMAHA: CERTIFICATE I Undersigned hereby certifies that all equipment to be used by undersigned in the performance of the contract pertaining to the project for: ' GR 9920 being NORTH OMAHA BUSINESS PARK / CONCORD SQUARE - SITE GRADING and pursuant to Contract between undersigned and the City of Omaha has been assessed for taxation for 1 the current year, except as to equipment acquired since the assessment date. Said equipment has been assessed in Do ii. 1S County )J S ,4 State. I The Certificate above is submitted pursuant to the requirements of Section 77-1323, Reissue Revised Statutes of Nebraska. 1943, as amended. The Contractor further certifies that all non-salvaged material removed from the project will be disposed Iof at the following approved and Permitted locations(s): ORS, kof36c Pümr C•E.TA i The City must be informed of any additions or changes in such location(s). I N 4uG _S°t5, ±JG, A(n) CDR PaRA-T. OId Contractor' Name (Specify:Corporation,Partnership,or Individual) I By: (Title,s ci' :P.esi nt.Partner,or Owner) I Attest: v. . . Se et if corpora on) 11 I STATE OF NEBRASKA ) ) SS. COUNTY OF DOUGLAS ) ICIiLV..AI 6• /JE6 oS and :FEU 5. /J 6 U-S being first duly sworn on oath depose and say that they are President and Secretary, respectively, of IMcGus- s, `r,k1c, a GORP6RtrXxod ; that they have read the foregoing Certificate, know Iits contents, and the same are true. SUBSCRIBED and sworn to before me this 4,74- day 1 A.D. 19 Ia�t�„ 1p G�i :__ My Commission Expires 1/7d/. �� / .otary Public I _ - MREML ROTARY-State of Nebraska 6/97 MARILYN L.ALLEN Iu: �lri~ icy Comm.Exp.Aug.30,,,2,E SHOP DRAWING TRANSMITTAL FORM ' City of Omaha ' General Services Division Public Works Department, 6th Floor Omaha/Douglas Civic Center 1819 Farnam Street ' Omaha.Nebraska 68183 Date: Transmittal Number 1st Submittal Resubmittal ' (Previous Transmittal Number ) Project Location Specification Section Number 1 Paragraph Drawing or Action No. Description of Equipment Manufacturer Data No. Taken 1 1 1 Contractor Mailing Address (THIS SPACE FOR ARCHITECT-ENGINEER) ' Date: The above drawings are returned with action as designated above in accordance with the following legend: ' A - No Exception Taken City of Omaha B - Maker Corrections Noted Public Works Department IC - D Revise and Resubmit Rejected E - Submit Specified Item By ' SDTF-1 6/97 ...................................................................................................................................................................................................................................................................................................... ....................................................................................................................................................................................................................................................................................................... :isis:,:.;�{;:::i^::.::C;:;.>:.:;�:i :�ii>i:� ::::'>::y>::::LC::iiii::::: ,.9:;v,<::.:: y :. :. :.; —:::;:: :;.. >: +s-: - :c: .y,; .>:::;> o;::;;;::::>i<irs :::;%:<g<:;:::::::::::. E IMM/DD/YY) ACORD :: FL�.AT� £�F L� B�L��'1� ��SUANCE 9 2 3 99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Inc.of NE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 3307 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. License #OB71006 COMPANIES AFFORDING COVERAGE Omaha, NE 68103-3307 COMPANY 402-697-1400 A Transcontinental Insurance Co INSURED COMPANY Negus-Sons, Inc. auto B Transportation Insurance Co Negus-Sweenie, Inc. COMPANY PO Box 12459 C Omaha, NE 68112 COMPANY I D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMM/DD/YY) DATE IMM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2000000 B X -COMMERCIAL GENERAL LIABILITY CBP1081751148 1/01/99 1/01/00 PRODUCTS-COMP/OP AGG S 2000000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY S 1000000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE S 1000000 FIRE DAMAGE(Any one fire) S 300000 MED EXP(Any one person) S 10000 AUTOMOBILE LIABILITY A X ANY AUTO BUA1081751151 1/01/99 1/01/00 COMBINED SINGLE LIMIT S 1000000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE $ 5000000 B X UMBRELLA FORM UMB1081841179 1/01/99 1/01/00 AGGREGATE $ 5000000 OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND X TORY LIM TS I IOER A EMPLOYERS'LIABILITY WC1081751165 1/01/99 1/01/00 EL EACH ACCIDENT S 500000 THE PROPRIETOR/ X INCL EL DISEASE-POLICY LIMIT S 500000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE S 500000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Project: #GR9920, North Omaha Business Park & Concord/Square - Site Grading The City of Omaha is an additional insured for liability as respects this project. C)ERTIF1.CATE HOL#3ER :: CANC€LLATif>N?':: ' >>'' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Omaha EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn: James Thele 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City County Bldg. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Omaha, NE 68102 OF ANY KIN 31h13:.%COMPAN ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRtn '500117000 7. . ... ' CONTRACT THIS CONTRACT is made and entered into in TRIPLICATE by and between the City of Omaha, a Munici a1 Corporation of the Metropolitan Class in Nebraska, hereinafter called City, and e9 (.45—S)n4s, 1r . No ii./ l6, �Z1. A/ 1/Jo 1 hereinafter called Contractor. In consideration of the following mutual agreements and covenants, it is understood and agreed by the Parties hereto that: 1. Contractor does hereby agree and undertake to construct GR 9920 being NORTH OMAHA BUSINESS PARK/CONCORD SQUARE- SITE GRADL tG ' also referred to hereinafter as work, in accordance with the terms and provisions hereof and subject to the J I quantity provisions in the accepted�ce Proposal of Contractor for the sum of / ✓2 hundred/ l �a� /houfanl !"�I-aA��eH./ and `5-e)40 Dollars ($J O,Oa ) under penalty of Performance, Payment and Guarantee Bond. ' 2. Contractor shall conform with the applicable specifications and/or plans, applicable Special Provisions and any applicable Change Order or Addenda pertaining thereto or to this Contract, all of ' which by reference thereto are made a part hereof. Applicable Notice to Bidders, Instruction to Bidders, Bid or Proposal of Contractor, Resolution awarding this Contract, the Performance, Payment and Guarantee Bond, and all proceedings by the governing body of the City relating to the aforesaid work are made a part hereof by reference thereto. 3. The Contractor shall furnish all tools, labor, mechanics for labor, equipment and materials to construct said work in accordance with the provisions of this Contract and all applicable specifications ' and/or plans and provisions herein referred to. 4. The City agrees to pay the Contractor in accordance with the provisions of the specifications and/or plans,the accepted Proposal of the Contractor, and the Provisions of this Contract. 5. All provisions of each document and item referred to in Paragraph 2 above shall be strictly ' complied with the same as if rewritten herein, and no substitution or change shall be made except upon written direction, the form of which shall be by written "Change Order" of the City; and substitution or change shall in no manner be construed to release either party from any specified or implied obligation of this Contract except as specifically provided for in the Change Order. Construction C-1 6/97 1 6. Contractor does hereby state, warrant and covenant that he or it has not retained or employed ' any company, or person, other than bona fide employees working for said Contractor to solicit or secure this Contract, and that he or it has not paid or agreed to pay any company or person, other than bona fide ' employees working solely for the Contractor, any fee commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this statement, warrant and covenant, the City of Omaha shall have the right to annul this ' Contract without liability. 7. Contractor shall conform with all applicable City Ordinances, with all applicable State and Federal Laws, and with all applicable Rules and Regulations. 8. Contractor shall furnish Performance, Payment and Guarantee Bond in an amount at least equal to one hundred percent (100%) of the Contract Price. ' 9. City, its officers employees, agents and representatives, at all times shall have access to the work whenever it is in preparation of progress, and the Contractor shall provide proper facilities for such access and inspection by them. ' 10. Contractor shall indemnify and save harmless the City of Omaha, its officers, employees, agents and representatives from all claims, suits or actions of every kind and character made upon or ' brought against the said City of Omaha, its officers, employees, agents and representatives for or on account of any injuries or damages received or sustained by any party or parties by or from the acts of the said Contractor or its servants, agents, representatives, and subcontractors, in doing the work herein ' contracted for, or by or in consequence of any negligence in guarding the same or any improper material used in its construction, or by or on account of any act or omission of said Contractor or its servants, agents, representatives, and subcontractors, and also from all claims of damage for infringement of any patent in fulfilling this Contract. 11. The Contractor shall carry public liability insurance to indemnify the public for injuries sustained by reason of carrying on the work. The coverage shall provide the following minimum limits: Bodily Injury $250,000 each person $500,000 each occurrence $500,000 aggregate products and completed operations Property Damage $100,000 each occurrence $250,000 aggregate; and shall name the City as additional insured with the Contractor. Attention is drawn to the City of Omaha Standard Specifications for Public Works Construction, 1989 Edition, for further details. 12. Contractor shall pay to the Unemployment Compensation Fund of the State of Nebraska, ' unemployment contributions and interest due under the laws of the State of Nebraska on wages paid to individuals employed in the performance of this Contract, and shall submit to the City of Omaha a written clearance from the Commissioner of Labor of the State of Nebraska certifying that all payment due of ' contributions and interest which may have arisen under this Contract have been paid by the Contractor, or his subcontractor, to the State of Nebraska Unemployment Compensation Fund. Payment of the final three percent (3%) of the total amount of the Contract shall be withheld until this provision has been complied with as required by Section 48-657 R.R.S. 1943, as amended. 13. Contractor shall submit, when requested, evidence satisfactory to the City that all payrolls, material bills, and other indebtedness pertaining to the aforesaid work have been paid. Construction C-2 6/97 1 1 • 14. The Contractor shall not, in the performance of this Contract discriminate or permit discrimination against any person because of race, sex, age, or political or religious opinions or affiliations or disability in violation of Federal or State Statutes or Local Ordinances and further the Contractor shall comply with City of Omaha Ordinance 28885 pertaining to Civil Rights and Human Relations. ' 15. Contractor shall procure a policy, or policies, or insurance which shall guarantee payment of compensation according to the Workmen's Compensation Laws of Nebraska for all workmen injured in the scope of employment; and further agrees to keep said policy, or policies, in full force and effect throughout the terms of this Contract. In addition, all other insurance in any way required of Contractor shall be ' procured by the Contractor and kept in force by Contractor throughout the term of this Contract. Certificate or certificates of insurance, or copies of policies, if required by any Department of the City, shall be filed by the Contractor with the Public Works Department of the City of Omaha. ' 16. Except as may otherwise be required by applicable law, payment of any balance due Contractor under this Contract shall be made by the City to the Contractor upon completion of ' Contractor's work and obligations in accordance with the Contract, upon acceptance thereof by the City, and upon submission of certificate by Contractor in accordance with Paragraph 11 above. No payment by City shall in any way constitute any waiver of any rights of City. 17. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City contract. A violation of that section with the knowledge of the Contractor, in addition to constituting employee malfeasance, shall be cause for the City to unilaterally terminate or void this Agreement. ' 18. Contractor shall pay all just claims due for the payment of all employees and mechanics for labor that shall be performed, for the payment of all material and equipment furnished, and for the ' payment of material and equipment rental which is actually used or rented in the performance of the Contract. 19. In accordance with the provisions of Legislative Bill 126 of the Seventy-Third Session of the Legislature of Nebraska (1963) and amendments, if any, every person, partnership, association, or corporation furnishing labor or material in the repair, alteration, improvement, erection or construction ' of any public improvement shall furnish a certified statement to be attached to the Contract that all equipment to be used on the project, except that acquired since the assessment date, has been assessed for taxation for the current year, giving the county were assessed. It shall be the duty of the Contractor ' to comply with the foregoing requirements and to assure compliance therewith by all others required to comply therewith for labor or material furnished in the performance undertaken hereunder by the Contractor. ' 20. The parties hereto acknowledge that, as of the date of the execution of this Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a) by ten percent, if the original bid price is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in ' excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. Construction C-3 6/97 1 r. The originally approved scope and primary features of a contract or purchase will not be significantly Irevised 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 City Charter to approve immediate purchases. I Dated at Omaha,Nebraska this A r-j day of _ /em Li--- , 19 q9 . ATTEST: _ CITY OF .0 /AHA, A ICIPAL CORPORATION Pi. I ,,, q ' 0 . ,,„, . ,, ,„ _ �, a� By ' ems f9 ' _City erk Mayor IArdinance/ResoIution No. s226�0 passed on OF THE CITY OF OMAHA: (44i-464r ,27 . 19 99 ISEAL kle (.0 -SoAiS,-milc. I ContractoY J II CP r/oo id /(o S-t— IStreet Address a/61a— /d r l0 81l o I ATTEST: City State Zip Code c , By ISecr -a of (CorOorate)Contractor 4-234,4,„ I CORPORATE SEAL: Title: Vice- 016 STIPULATIONS: CORPORATE CONTRACTOR: (1) Attach certified copy of resolution authorizing Iexecution of this Contract; (2) Submit certificate showing corporation is qualified to do business in Nebraska. INON-CORPORATE CONTRACTOR: State Identity: Sole Owner(s); Partnership. If a Partnership, state names and addresses of all I Construction C-4 6/97 MINUTES OF SPECIAL MEETING OF BOARD OF DIRECTORS OF NEGUS-SONS, INC, The special meeting of the Board of Directors of NEGUS-SONS, INC. was held at 6100 North 16th Street, Omaha,Nebraska, on the 23rd day of September, 1999. The following were present: Calvin G. Negus Gregory D. Negus Jeff S. Negus Paula J. Negus Kirk A. Negus Upon motion duly made, seconded and unanimously carried, it was RESOLVED: To enter into a contract with the City of Omaha for Project #GR9920,North Omaha Business Park/Concord Square- Site Grading There being no further business,the meeting was adjourned. Ch • n f ecretav STATE OF NEBRASKA n O*Wes of America, 1 � il�of fie �ffite of Nebraska J �, Allrn t. l3rrrmtttut, 'rrrrtariI of &tatr of thr $ittttr of Nrhrttiktt an lwrrin1 rrrtif ii tlrttt NEGUS—SONS, INC. with registered office located in Omaha, Nebraska, filed Articles of Incorporation in this office on May 13, 1966. I further certify that said corporation as in good standing as of April 15, 1994. hi tgritinwnlj ii r;Irrruf, itaur tprruntn Jot tog band afftxrd tip %trot *rat of Or litatr. of Nthraska. Donn at Etnroln tilts twenty-eighth day of April to Or year of our Eurb. am tllou- aand ntnr llundrrd and ninety—f our. SECRETARY OF STATE STATE OF IOWA SECRETARY OF STATE FILED 05/03/1994 AT 01 :27 PP1 DEPUTY FILING # 000049164W00042433 *WO: 9440537S -WS: 94405377 K:- ,� PERFORMANCE,PAYMENT AND GUARANTEE BOND • KNOW ALL MEN BY THESE PRESENTS:.That we Negus-Sons, Inc. , P. 0. Box 12459, Omaha, NE 68112 hereinafter called Principal, and Reliance Insurance Company, Philadelphia, Pennsylvania • hereinafter called Surety, are held and firmly bound to the City of Omaha and hereby jointly and severally bind ourselves, executors, administrators, personal representative, successors, and assigns to the City of Omaha, a Municipal Corporation of the Metropolitan Class in the State of Nebraska, hereinafter called 9 City, in the penal sum of --Five Hundred Eighty Thousand Eighteen and 50/100 Dollars(3 580,018.50 ,.. lawful money of the United States of America, to be paid to the City for the payment whereof the Principal and Surety hold themselves, their heirs, executors, administrators, personal representatives, successors and assigns jointly and severally by these presents. WHEREAS, The Principal is about to enter; or has entered. w "into a rate n Contract with the City for construction by the Principal of NORTH OMAHA BUSINESS PARK / CONCORD SQUARE - SITE GRADDIG also referred to as Project No GR 9920 which Contract is made a part hereof by reference thereto the same as though fully set forth herein; NOW, THEREFORE,the conditions of this:obligation are such that: 1.. FIRST: If the Principal shall faithfully perform the Contract on his or its part, shall satisfy all r- claims and demands incurred for the same, shall fully indemnify and save harmless the City from all cost and damage which said City may suffer by reason of failure so to do, and shall fully reimburse and repay said City all outlay and expense which said City may incur in making good any such default; and, Construction B-1. 6/97 • • . r~' SECOND; The Principal shall indemnify and save harmless the City of Omaha, its officers, employees, and agents from all claims, suits, or actions of every kind and character made upon or brought against the said City of Omaha, its officers, employees and agents, for or on account of any injuries and damages received or sustained by any patty or parties by or from the acts or omissions of the !tie said Contractor or his or its servants, agents, and subcontractors, in performing under said Contract, or by or in consequence, or by or on account of any act or omission of said Contractor or his or its servants, agents, and subcontractors, and also from all claims of damage for infringement of any y patent in fulfilling said Contract; and, THIRD: The Principal and Surety on this Bond hereby agree to pay all persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for the payment of all laborers and mechanics for labor that shall be performed, for the payment of all material and equipment furnished, and for the payment of material and equipment rental which is actually used or rented in the performance of the Contract on account of which this Bond is given, when the same are not satisfied out of the portion of the Contract. Price which the City may retain until completion of the construction; and, FOURTH: Principal and Surety are jointly and severally liable under the provisions hereof and • action against either or both may proceed without prior action against the other, and both may be joined `'- in one action; and, FIFTH: Work constructed for the City of Omaha under the specifications of the Contract of which this is a hereof, shall be P� guaranteed as hereinafter more specifically set forth for the full number of years 'specified as set forth below. The term of guarantee shall be dated from the date of acceptance and as regards the respective projec ts� zs shall be no less than the following: • a. Permanent.Paving Projects 2 years b. Sewer Projects 2 years T�# c. Street Resurfacing Projects 2 years `` d. Seal Coating Application Projects 1 year e. _Sidewalk Projects 2 years P f. Traffic Signals 2 years g. 'Bridges & Structures 2 years h. Seeding & Sodding 1 year j _ • _ . _ Construction B-2 6/97 J. • The Principal hereby binds himself and his he and assigns for the entire expense of the guarantee and for all repairs or reconstruction which may, from any imperfection in the said work or material, become necessary within the term of guarantee. The Principal further agrees to correct and. repair promptly during that time all failures of whatsoever description and all settlements and f•';- t irregularities of trenches, sidewalks,paving, other surfacing, sewers, drains or other structures caused by any imperfections in his workmanship or material and shall deliver the work in all respects in good. condition at the end of that time; If, at any time within the period of guarantee after the completion and acceptance of the work • contract for, the work shall, in the judgment of the Engineer, require such repairs of reconstruction as above set out,he shall notify the Principal by certified.mail and, should the.Principal refuse or neglect to begin to make such repairs within twenty(20).days from the date of the service of such notice, then the City Engineer shall have the right to cause such repairs or reconstruction to be made in such manner as he shall deem best; and the cost thereof shall be paid by the Principal or his sureties; Then this obligation shall be null and void; otherwise it shall remain in full force and effect. { Any Surety on this Bond shall be deemed and held, any Contract to the contrary notwithstanding, to consent without notice; 1. To any extension of time to the Principal in which to perform the Contract. 2. To any change m the Plans, Specifications • p or Contract; when such change • does not involve an increase of more than twenty percent(20%) of the E. total Contract Price, and shall then be released only as to such excess increase. 3. That no provision of this Bond or of any other contract shall be valid which limits to Iess than five years from time of acceptance of the work the right to sue on this Bond for defects in workmanship or material not discovered or known to the obligee at the:tune such work was accepted. Li. 1: FFl - Construction B-3 6/97 " rI SIGNED AND SEALED THIS 23 rd DAY OF September A.D., 19 99 IN THE PRESENCE OF : NEGUS—SONS, INC. Principal Na .401,4116) rneW of f st1 Negus • Alf By (vo kb. 101 S+,1 On111.0y t 1 B o Greg D. ar"-gus Address Title: Viapn i • COUNTERSIGNED: (Attach Corpa Res of PrincipaIC Authorizing Execuolutiontion) Resident:A t Betty J. Kreifels RELIANCE INSURANCE COMPANY Surety • Gene Lilly Surety Bonds Inc. L Company Name 3440 "0" Street, Box 30553 Address By- L Lincoln NE 68503 (Attorney-in-F # Be J y J. Kreifels City State Zip Code APP OVED AS TO FORM: qW1q1 A-44(fly v-1 City Attorney 1 Q C•RNA1t 9 �'. )N O Er✓ ROSCl4 C-. * Instructions: Type name of persons under signature of each. L, r�. l ` Construction B-4 6/97 LJ • NEBRASKA STATUTORY RIDER The State of Nebraska Code, Soon 1^.-1010 requires the name of the soliciting agent and the name and • address of the agency to be shown on each bond issued by a Nebraska Agent cr for any bond issued to a Principal or Insured residing in Nebraska. This rider is to comply with the statutory requirements of the State of Nebraska. Name of Soliciting Agent Betty J. Kreifels Name of Insurance agency represented by the soliciting agent: Gene Lilly Surety Bonds, Inc. Address of the Agency: 3440 "0" Street (stet) Lincoln NE 68510 (City) (State) A copy of this rider should be attached to the original and all copies of anybond issued. 1 ,,, "r? THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE,PHILADELPH)A,PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duty organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY,are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that REUANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Robert T.Orono,Betty J.Krelfeis,Jam..M.King.,of Lincoln, Nebraska their true and lawful Attorney(s)-in-Fact,to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies end confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and REUANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect,reading as follows: ARTICLE VII-EXECUTION OF PONDS AND UNOERTAKINOS 1. The Board of Directors,the President,the Chairmen of the cord,any Senior Vice President,any Vies Provident or Msiatrn Vier President or odor officer designated by the Board et Directors shell have power end authority to lel epPW+t AttornuylsWnFact arid to etherize thorn to execute on bdWf of the Company,bond.and tndertakinpr,Mt wigwam,contracts of indemnity and other writings obligatory in the secure thereof,and lb)to remove any such AttrreyleHn•Fsct at any tine end revoke the power and authority given to den. 2. AttomuyluHn'Fsct shall have power and authority,subject to the terms and limitations of the Power of Attorney issued to them, to exec-UN deliver an behalf of the Company,bade end urdertakinge,recognizance.,contracts of lndemrity and other writings obligatory in the nature thereof. The corporate aid is not rwoereey for the validity of any bona and undertakes. recognizance..connects of inderaity and other writings obligatory in the nature thereof. 3. Attorney(WrFact shell have power and authority to.xactxa affidavits required to be attached to bolds,recognizance., contracts of indemnity or other conditional or obligatory undertakings ad they shall also have power end authority to certify the financial statement of the Company all to copies of the aY-Laws of the Compare or any article or section thereof. This Powr of Attorney is signed and.said by facsimile under and by authority of the fallowing re.ohrdcn adopted by the Executive ad Finance Committees of the boards of Directors of Raiana Irwvaou Company, Utitad Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated at of February 21. 1994 and by the Executive all Financial Committee of the Board of Directors of Reliance Surety Company by Unanimoue Consent dated OR of Mich 31,1994. 'Resolved that the signettres of such directors and officers ad the seal of the Company may be affixed to arm such Power of Attorney or airy Certificates Waling thereto by fsceimils,rd any such Power of Attorney or crdficate bertha such facsimile signatures or facsimie eel shd,be valid and binding upon the Company and shy such Power so executed and certified by facsimile signatures and feuimile seal shall be valid and binding upon the Company,in the hike,with respect to any bond or undertaking to which it is attached.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this February 1, 1998. RELIANCE SURETY COMPANY i,b ft r c • ua., RELIANCE INSURANCE COMPANY ter •c . tt, a'""t. .4e... "•i 4�w tre4 UNTIED PACIFIC INSURANCE COMPANY j •SEAL 0 foe 4 ' SEAL r� I •. �e E'., •�, RELIANCE NATIONAL INDEMNITY COMPANY W6 r yy % • L 1sOt:4e //////l A4-`s.._ .40 ,,,., STATE OF Pennsylvania COUNTY OF Philadelphia I as. On this, February 1, 1998,before me,Valencia Wortham, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof,I hereunto set my hand and official seal. • Notarial Seal ' l l C�9.\\(&)\asa/V Valencia Wortham.Notary PuWit: - Philadelphia,Philadelphia County o OF��` My Commission Expires Nov,18,2�00 y K u�‘ Notary Public in and for the State of Pennsylvania Residing at Philadelphia I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY,and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force and effect. IN WITNESS WHEREOF,'I have hereunto set my hand and affixed the seals of said Companies this 23rciley of Sept, 19 99 %.,,,,;,,,4 ,� fAe T•QQ `•W •p taftl• et,rip ?uewr '4,R 40 `Ib `a. 4. ,tee j rti�� Secretary SLAT. i> .' L r 4 r` r nM a, �, ? SEAL `; elt.SEpL • 6 roll i ; `Yt ``lee• t.2 OFtAW fP wto. � .t t..- 7JrCD+'� THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK-HOLD AT AN ANGLE TO VIEW 1 ' SPECIAL PROVISIONS INDEX ' CONTRACT CONTROL S.P.-2 INDEX TO STANDARD PLATES 4 pages S.P.-3 PROSECUTION AND PROGRESS/LIQUIDATED DAMAGES 2 pages S.P.-4 SPECIAL PROVISIONS 34 pages S.P.-5 1. GENERAL REQUIREMENTS 2 pages S.P. -6 2. SITE GRADING 5 pages S.P. -7 3.NON - TECHNICAL SPECIFICATIONS 27 pages S.P. -8 1 1 1 i 1 1 1 Construction S.P.-1 6/97 1 • SPECIAL PROVISIONS ' CONTRACT CONTROL: 1. All work,material,guarantees and bonds shall conform with: (a) All applicable Federal and State laws and all applicable ordinances and City of ' Omaha regulations; (b) The plans and all notations shown and specified on the plans; ' (c) The Special Provisions herein contained; (d) The City of Omaha Standard Specifications for Public Works Construction, 1989 Edition. ' 2. In case of conflict between or among: (a) The notations shown and specified on the plans; ' (b) The Special Provisions herein contained; (c) The City of Omaha Standard Specifications for Public Works Construction, ' 1989 Edition; then the conditions shall control and prevail in accordance with the sequence above ' enumerated in this paragraph. Copies of the CITY OF OMAHA STANDARD SPECIFICATIONS FOR PUBLIC WORKS ' CONSTRUCTION, 1989 Edition, are available from the General Services Division of the Public Works Department(6th Floor),Omaha/Douglas Civic Center, 1819 Farnam Street,Omaha,Nebraska 68183. ' Construction S.P.-2 6/97 1 ISTANDARD LATEST ISSUE INDEX TO STANDARD PLATES PLATE NO. DATE Index to Standard Plates(4 Sheets) 11/97 Pavement,Type I 201 3/70 111 Pavement,Type IB 201B 6/19/87 Pavement,Type III 203 5/1/68 I Pavement, Type IV 204 5/1/68 Pavement, Type V 205 5/1/68 I Pavement, Type VI 206 3/16/76 Pavement, Industrial Type 207 3/70 Typical Joint Locations(Single Long.) 208 10/79 ITypical Joint Locations(Dual Long.) 208A 10/79 Expansion Joint Details 210 3/71 ITransverse Joint Detail 211 2/18/82 Longitudinal Joint Details 212 2/18/82 Expansion Joint Detail 212A 5/28/76 I Transverse Construction Joint Detail 213 2/18/82 I Crown Ordinates(25' Pavement) 220 3/16/76 Resurfacing Standard Detail Section 241 4/13/60 Cul-de-sac Pavement Details 250 3/25/64 IConcrete Curbs 301 8/6/75 Ramp Safety Curb 303 3/6/62 IConcrete Header 305 2/29/60 Pavement Beam &Thickened Edge 307 3/71 Typical Grading Detail 309 3/16/76 Driveway Details,Flared Approach 310 9/14/91 I Driveway Details,Radius Approach 311 9/16/91 Sidewalk Construction Details 320 4/83 Sidewalk Location Standard 321 3/70 IRoof Drain Connection 325 5/1/68 Detail of Concrete Median Nose 331 6/76 IConcrete Median Surfacing 335 8/8/86 Step Detail(2 Sheets) 401 3/70 I I Construction S.P.-3 11/97 1 of I : . ISTANDARD LATEST ISSUE INDEX TO STANDARD PLATES PLATE NO. DATE IConcrete Retaining Walls 405 4/6/82 Adjusting Sewer&Utility Manholes I and Valve Boxes(Resurfacing) 541 2/2/90 Pavement Repair 545 5/81 I Lug Out Detail 623 5/1/68 Rail Crossing Detail 647 12/28/71 Wheel Chair Ramp ABC (3 Sheets) 677 6/18/80 IStone Retaining Wall and Rip Rap Detail 681 6/86 Curb Wall Detail 684 3/73 IChain Link Fence 686 4/72 Chain Link Fence Gates 687 4/72 ICast Iron Curb Inlet&Flat Grate&Frame 701 1/1/68 Cast Iron Type"Saddle Creek"Grate&Frame 702 5/21/58 II Type"A" Single Inlet 703 2/70 Type"AA"Double Inlet 704 2/70 Type"AA"Double Inlet(Alternate) 705 1/1/68 IType"G-S"Double Inlet 706 1/1/68 Type"Saddle Creek" Single Inlet 707 1/1/68 IManhole Detail 708 1/1/68 Cast Iron Manhole Ring&Cover(2 Sheets) 709 9/7/83 1 Type"C"Double Inlet 710 1/1/68 Type"G"Double Inlet 711 1/1/68 I Type"B-B" Single Basin Grate Inlet 712 1/1/68 Open End Inlets 713 1/1/68 Sewer Service Connection 714 6/18/58 ITypical Riser Detail 715 12/74 Ring and Beehive Grate 716 11/69 IArea Inlet(2 Sheets) 717 11/22/76 R.C. Flared End Section(4 Sheets) 718 5/71 IConnection Detail C.M.P. 719 2/13/64 Drainage Inlet Type"T" 720 5/1/68 I Curb Inlets(5 Sheets) 721 4/20/83 I Construction S.P.-3 11/97 2 of 4 ryE..rje.' .. ISTANDARD LATEST ISSUE INDEX TO STANDARD PLATES PLATE NO. DATE IConcrete Collar- Sewer Tap 723 3/70 Pipe Plug Detail 724 3/70 ISanitary Sewer Water Main Crossing 725 3/70 Pipe Bedding Detail 726 3/70 I Sanitary Manhole 739 2/19/73 Sampling Manhole(2 Sheets) 740 2/18/82 I Cast Iron Manhole Ring& Bolted Down Cover 741 6/28/72 Magnetic Detector Installation Detail 801 1/19/70 Loop detector Installation Detail(3 Sheets) 802 9/12/89 I (3rd sheet 6/14/95) Pull Box,Type PB-1 &Type PB-2(2 Sheets) 803 4/27/94 I Service Riser 804 8/9/95 Overhead Power Service 806 3/78 Standard Signal Face Arrangement(Vertical Signal Heads) 807 7/9/97 I Standard Signal Face Arrangement(Horizontal Signal Heads) 808 11/16/84 Pole Bracket Installation Details 809 4/8/93 IPole Bracket Installation Details 810 11/16/84 Pedestal Mounting Details 811 11/16/84 I Span Wire Mounting Details 812 11/16/84 Mast Arm Mounting Details 813 11/16/84 IMast Arm Pole Details 814 12/5/95 Mast Arm Pole Foundation Details(2 Sheets) 815 12/31/96 I Transformer Base Details 816 4/27/94 Luminaire Arm Details 817 2/24/92 Pedestal Pole Detail(2 Sheets) 818 4/24/93 IPad Mounted Controller Cabinet 819 4/19/95 Standard Traffic Signal Wiring Code 820 4/22/96 IStandard Traffic Signal Wiring Code 821 4/22/96 11 Standard Traffic Signal Wiring Code 822 4/22/96 ITemporary Sign Installation for Construction Projects 823 4/18/86 Street Name Signs Layout--Type"A" 825 6/13/97 Street Name Signs Layout--Type"B" 826 6/30/97 Construction S.P.-3 11/97 I 3of4 I r 3 STANDARD LATEST ISSUE INDEX TO STANDARD PLATES PLATE NO. DATE ' Street Name Signs Layout--Type"C" 827 6/30/97 Wood Pole Span Wire Details(2 Sheets) 828 9/28/89 Speed Bump Details(2 Sheets) 829 2/28/90 Post Mounted Signs 830 7/18/94 Standard Valve Box Details 841 4/13/60 1 I 1 1 I 1 I 1 Construction S.P.-3 11/97 4 of 4 I I ... IPROSECUTION AND PROGRESS/LIQUIDATED DAMAGES IPROSECUTION AND PROGRESS Paragraph 8 of subsection 108.02 --Determination of Contract Time for Completion of Work-- in I the City of Omaha Standard Specifications for Public Works Construction, 1989 Edition, is void and superseded by the following: I "The contractor shall be substantially complete with all work prior to the suspension of working days. ISubstantially complete shall include, but not be limited to the following items in the contract: • All preparatory items • All earthwork items except sodding • All bituminous surfacing items • All concrete paving items • All sewer items • All utility items I • All traffic control and signal items • All signing items I In addition, substantially complete shall include any extra work not contemplated in the original contract or additional quantities of contract items that may be required. I Working days shall be charged after substantial completion if the engineer determines that the contractor is not prosecuting the remaining work in a manner which is conductive to a timely completion of all work in the contract." LIQUIDATED DAMAGES Section 108.08 --Liquidated Damages --in the City of Omaha Standard Specifications for Public I Works Construction, 1989 Edition, are void and superseded by the following: "The contractor shall schedule and conduct the work included in this proposal in a manner as to Isubstantially complete the work in accordance with the construction drawings and specifications. I Construction S.P.-4 8/97 1of2 I If the contractor fails to substantially complete the work within the working-day time allowance, liquidated damages shall be charged for each day after expiration of working days as specified in the ' proposal, or after any additional days which may have been granted by the engineer. The number of working days set forth in the proposal for the completion of the work is an essential part of the contract. For each working day that is assessed after the expiration of working days as specified in ' the proposal, or after any additional days which may be granted by the engineer,the contractor shall be assessed as set forth in the table below: ' LIQUIDATED DAMAGES Amount of Contract Damages/day 1 Less than$100,000 $ 300.00 $100,000 and less than$500,000 $ 500.00 over$500,000 $ 1,000.00 1 1 i 1 1 Construction S.P.-4 8/97 2 of 1 I ' SPECIAL PROVISIONS 1. GENERAL REQUIREMENTS ' REPAIR OF DAMAGE The contractor shall be responsible for the repair of damage caused by his operation to public and private streets,sidewalks,and property that are not designated for removal under this contract. The contractor shall ' promptly clean up all mud and debris along haul routes. CONTRACTOR'S FIELD OFFICE ' The contractor shall establish and maintain a field office at the site of the j roect with a telephone, mailin P 9 address,and sanitary facilities. This field office shall be the office of the Contractor's superintendent and shall ' have someone in attendance during the normal working day. At this office, the contractor shall maintain copies of the plans and specifications and the file of all shop drawings and other files of the contractor's field operations. Separate space shall be provided in or adjacent to the contractor's field office for the use of the engineer. The space provided shall have not less than 150 square feet of floor space and shall be heated during cold weather to a minimum temperature of 65 degrees F and shall be cooled during the hot weather to a maximum ' temperature of 78 degrees F. The following equipment shall be provided for use by the engineer: • One desk(30"x 48") ' • One file cabinet(4-drawer) • One shop drawing file rack • One layout table(3)(6') • Two chairs • One telephone (private) -- The contractor shall pay for phone services; however, he shall be reimbursed for any toll calls on the telephone provided for the engineer. ' A contractor's"shack"will be acceptable provided the above requirements are met. Cost of the field office shall be subsidiary to items for which direct payment is made. FORCE ACCOUNT WORK ' All force account work shall be paid for on a time and materials basis and shall be determined as follows: 1. LABOR: Base rate plus liability and workman's compensations insurance plus fringe benefits. ' 2. MATERIALS: Actual cost delivered to the work site, including freight and handling costs as shown by original receipt invoices. 3. SMALL TOOLS AND SUPPLIES: 5% of labor(above). 4. OVERHEAD AND PROFIT: 15% of the total of labor(above) plus materials(above) plus small ' tools and supplies (above). 5. EQUIPMENT COST: 77%of the"Blue Book" hourly rate plus operating. 1 S.P. -6 1 1 1 WORKING DAY Subsection 101.97—Working Day—in the City of Omaha Standard Specifications is void and superseded ' by the following: "Any day except Sundays and city holidays on which the contractor is not prevented by weather or other conditions beyond the contractor's control, adverse to the current controlling operation or ' operations,as determined by the engineer,from proceeding with at least 80 percent of the labor and equipment force normally engaged in such operation or operations for at least 50 percent of the full number of hours in his normal daily schedule." TEMPORARY TRAFFIC CONTROL Most of the work under this project will be performed inside the perimeter delineated by Paul,Clark, 24`"and 20th Streets. If temporary traffic control measures are needed, barricades,traffic signs,temporary pavement markings and other temporary traffic control devices shall be installed and maintained as shown on the plans ' or as directed by the ENGINEER.This work shall not be paid for separately but considered incidental to the related items of this project. ' MISCELLANEOUS REMOVAL All removal items on this project(for which there is no direct pay item) as shown on the plans or as directed by the ENGINEER shall be considered incidental to the"Miscellaneous Removal" pay item and paid for at the contract unit price as a lump sum. The lump sum unit price shall cover all labor, equipment, materials, hauling of to an approved off-site location of all the removed items. 1 TRANSFORMERS HANDLING Existing electrical transformers including pads, and fence shall be removed and disposed of to an off-site approved location. The handling of the transformers removal shall be performed as follows: ' All work related to the transformers removal,handling and hauling of to an off-site location as described above or as directed by the ENGINEER shall be paid for at the contract unit price under" Remove Transformer, Concrete Pad and Fence".The contract unit price shall include all materials,equipment,labor,transportation and handling necessary to complete the work as described above or as directed by the ENGINEER. 1 1 ' S.P.-6 2 1 ' SITE GRADING 1. DESCRIPTION: This Specification covers the excavation,disposal, placement, and compaction of ' all materials required for site grading and the construction and maintenance of erosion control facilities. 2. DEFINITIONS: a. Suitable Materials. Suitable materials for backfill or embankment shall include materials that are free of debris, roots,organic or frozen materials, stones having a maximum dimension less than 3 inches for the upper 12 inches of fill,or stones having a maximum dimension less than 6 inches ' for the remainder of the embankment. b. Unsuitable Materials. Unsuitable materials shall include all materials that contain debris, roots, organic or frozen materials, stones having a maximum dimension larger than 3.inches for the upper 12 inches of fill, stones having a maximum dimension larger than 6 inches for the remainder of the fill, or any other materials determined by the GEOTECHNICAL ENGINEER to be unsuitable for providing a stable slope,embankment,backfill,or subgrade. Otherwise suitable material which is unsuitable due to excess moisture content will not be classified as unsuitable material unless it cannot be dried .by manipulation, aeration, or blending with other materials satisfactorily as determined by the GEOTECHNICAL ENGINEER. 3. GENERAL CONSTRUCTION METHODS: a. Grading operations shall be suspended any time that satisfactory results cannot be obtained ' because of rain, frozen material, or other unsatisfactory conditions. b. The CONTRACTOR shall control grading operations such that the site shall be well-drained at ' all times. When necessary, temporary drains and ditches shall be constructed to intercept or divert surface drainage which may affect the work. c. The CONTRACTOR shall refer to the CONTRACT SPECIFICATIONS for clearing and grubbing demolition. Any excavations created by the demolition in the removal of trees, underground utilities, building foundations etc.will be filled with on-site material and compacted to the density of the surrounding ground. 4. EROSION CONTROL: a. General. CONTRACTOR shall conduct its operations in accordance with the requirements of the ' Authorization to Discharge under the State of Nebraska National Pollutant Discharge Elimination System, NPDES Permit No. NER 100000 and the City of Omaha Grading Procedures for the project. A copy of NPDES Permit No. 100000 and City of Omaha Grading Procedures is included with the Contract Documents. To the maximum extent possible all erosion control facilities shall ' be constructed prior to stripping of topsoil and beginning grading operations. b. Construct Silt Fence. Fabric for construct silt fence shall meet the minimum requirements listed ' below. 1 1 1 S.P. -7 1 I IFABRIC PROPERTIES MINIMUM ACCEPTABLE VALUE TEST METHOD Grab Tensile Strength 90 lbs ASTM D1682 I Elongation at Failure 50% ASTM D1682 Mullen Burst Strength 190 psi ASTM D3786 I Puncture Strength 40 lbs ASTM D751 (modified) Slurry Flow Rate 0.3 gal/min/sf Virginia DOT VTM-51 I Equivalent Opening Size 40-80 US Std. Sieve CW-02215 Ultraviolet Radiation Stability 90% ASTM-G-26 1 Installation of silt fence shall be in accordance with details shown on the PLANS. I c. Silt Basin Risers and Outlet Pipes. Silt basin risers and outlet pipes shall be serviceable used or new,watertight corrugated metal pipe of the sizes noted on the PLANS. Watertight connecting bands shall be provided at all joints. Id. Silt Basins and Sediment Traps. The CONTRACTOR shall construct and maintain silt basins and . sediment traps to conform to the requirements of the City of Omaha, Soil Erosion & Sediment a, fiLANS.iltba I silt Control basinManu shall l beat strippedthelocations of topsoiland priortothe tocon commencinggurations construction.shownintheP SsinsThe with area bottomofthe grades in natural ground shall be completely broken up by plowing or scarifying to a minimum depth of 12 inches including embankment slopes in natural ground. This area shall then be I compacted as specified in Paragraph 8-Compaction and Moisture Requirement. Embankment for silt basin dikes shall be placed and compacted as specified in Paragraphs 7 and 8. e. Maintenance of Erosion Control Facilities. CONTRACTOR shall be responsible for maintenance I of erosion control facilities for the entire duration of the contract. This shall include repair or replacement of damaged silt fence, removal of accumulated silt along silt fences, removal of accumulated silt in silt basins and sediment traps, repair of washed out interceptor dikes and I swales, and repair of silt basin dikes, risers, and outlet pipes. During silt basin or sediment trap clean-out, CONTRACTOR shall maintain the constructed shape and configuration of the basin and protect any baffles in the basin. All silt removed during maintenance shall be dried and placed as embankment. Maintenance activities shall be at the direction of the ENGINEER. I Maintenance activities shall be completed as soon as site conditions allow access to the facility requiring maintenance. ' 5. STRIPPING. STOCKPILING AND RESPREADING TOPSOIL: After clearing and grubbing, the surface layer of soil in all areas to be graded shall then be stripped to a depth of not less than four inches and not more than six inches, unless additional stripping is required by the GEOTECHNICAL ENGINEER. The strippings shall be uniformly re-spread over finished areas,except on street rights- ' of-way, as directed by the ENGINEER. 6. EXCAVATION. I Ia. No excavation shall be started until grading stakes have been set by the ENGINEER. b. All suitable excavated materials shall be used in the formation of embankments. If the volume I of excavation exceeds the amount required for construction of embankment,the excess material shall be placed as on-site embankment in areas to be designated by the ENGINEER. S.P. -7 I2 • I c. All unsuitable materials shall be excavated to the depth designated by the GEOTECHNICAL ENGINEER. Unsuitable materials shall be disposed of, by the CONTRACTOR, on-site as directed by the ENGINEER. The excavated area shall be refilled with suitable material,obtained from the grading operations, and thoroughly compacted by rolling. The necessary refilling will Iconstitute a part of the embankment. 7. EMBANKMENT. a. Embankments shall be formed using suitable excavated materials, or approved off-site borrow material. The suitability of material for use in embankment shall be subject to the approval of the GEOTECHNICAL ENGINEER. Ib. Where an embankment is to be constructed, all sod and vegetable matter and topsoil shall be removed from the surface upon which the embankment is to be placed, and the cleared surface I shall be completely broken up by plowing or scarifying to a minimum depth of 6 inches. This area • shall then be compacted as indicated below. Where embankments are to be placed on slopes steeper than 5 to 1, the slope shall be stepped to a vertical depth of at least 12 inches. I c. Embankments shall be formed in successive horizontal layers of not more than 9 inches in loose depth for the full width of the cross section. Placement of embankments shall begin in the deepest portion of the fill; as placement progresses, layers shall be constructed approximately I parallel to the finished grade line. d. After each layer has been placed, mixed,and spread evenly, it shall be thoroughly compacted to meet the requirements specified below. Compaction shall be by means of sheep's foot rollers, I multiple-wheel, pneumatic-tired rollers, or other types of rollers. Rollers shall be of such design that they will be able to compact the fill to the specified density. Rolling shall be accomplished while the fill material is at the specified moisture content. Rolling of each layer shall be continuous over its entire area, and the roller shall make sufficient trips to insure that the desired • Idensity has been obtained. e. No layer shall be covered until the previous layer has been approved. If. No fill material shall be placed,spread,or rolled while it is frozen or thawing or during unfavorable weather conditions. When the work is interrupted by heavy rain, fill operations shall not be resumed until field tests by the GEOTECHNICAL ENGINEER indicate that the moisture content Iand density of the fill are satisfactory. 8. COMPACTION AND MOISTURE REQUIREMENTS. Ia. All layers of embankment shall be compacted at a moisture content from 3%below to 3%above the optimum moisture content to not less than 95%of the maximum dry density. I b. Maximum dry density and optimum moisture content shall be determined in accordance with ASTM D 698 (Standard Proctor). I c. When material varies from the specified moisture content limits, it shall be treated as follows: When too wet, it shall be drained or worked until allowable moisture content is attained;when too dry, it shall be watered. I 9. FINISH GRADING. All disturbed areas,including all excavations and embankments,shall be shaped to the lines and grades shown on the PLANS with smooth and uniform transitions. I 10. TOLERANCES. In all areas, the finished surface shall be of such smoothness that it will not vary more than 0.20 foot from true grade as established by grade stakes. Any deviation in excess of this amount shall be corrected by loosening, adding or removing materials, and reshaping. S.P. -7 I . 3 II 11. MEASUREMENT AND PAYMENT: a. Stripping, Stockpiling and Respreadinq Topsoil. Stripping of topsoil shall be measured and paid for by the cubic yard. The quantity shown on the PLANS shall be considered as an established I quantity. This quantity,in cubic yards,was computed by multiplying the disturbed area of grading by a thickness of 4",and then multiplying by two, assuming all topsoil will be stockpiled and then respread. If adjustments are made to the area graded, corresponding adjustments in the Iestablished quantity shall also be made. The contract unit price shall be full compensation for stripping, loading, hauling, stockpiling, re- loading, placing and spreading of topsoil and for all labor, equipment, tools, and incidentals Inecessary to complete the item. b. Earthwork (Excavation). Earthwork (excavation) shall be measured for payment by the cubic yard, as measured in cut. The contract quantity was determined by the contour method, using • the existing and proposed contours shown on the PLAN, and shall be considered as an established quantity. If adjustments to the grades shown on the PLAN are made,corresponding adjustments in the established quantityshall also be made. These adjustments shall be 1 I determined using new proposed contours prepared by the ENGINEER. Adjustments in the established quantity will be based.on the difference between the proposed contours on the PLANS and the new proposed contours. All volume computations will be available for review by the CONTRACTOR at the office of the ENGINEER. I Payment shall be made at the contract unit price per cubic yard for"Earthwork(Excavation)"and shall be full compensation for all labor, materials, and equipment necessary for excavating, I hauling,spreading,and compacting materials as required to complete the project in accordance with these specifications. c. Embankment. Separate payment will not be made for formation of embankments. d. Construct Silt Fence. Silt fence shall be measured bythe linear foot. Payment for silt fence shall Y linear be at the contract unit price perea foot for"Construct Silt Fence." Ie. Construct Silt Basins and Sediment Trap. Each silt basin and sediment trap shall be paid for on a lump sum basis... The contract lump sum price shall be compensation for all labor, materials, I and equipment required for construction of the silt basin,including excavation,filling,shaping and compacting; and riser, outlet pipe, trash rack, concrete base and rock rip-rap. f. Cleanout Silt Fence. Removal of accumulated silt along silt fence shall be measured for payment I by the linear foot. Payment will be made at the contract unit price for"Cleanout Silt Fence". This payment will be full compensation for all labor, materials and equipment required for removal of accumulated silt, spreading and drying of silt, and placement of removed silt as embankment. I g. Cleanout Silt Basin. Removal of accumulated silt from silt basins shall be measured for payment by the cubic yard in the basin,as determined by cross-sections or other measurement of the area excavated as determined by the ENGINEER. Payment will be made at the contract unit price for I "Cleanout Silt Basin". This payment shall be full compensation for all labor, materials, and equipment required for excavation of silt, spreading and drying of removed silt, and placement of removed silt as embankment. I h. Miscellaneous Erosion Control Maintenance. Separate payment will not be made for maintenance of erosion control facilities other than those listed above unless separate bid items are provided in the Agreement. Separate payment will not be made for repair or maintenance of I erosion control facilities necessitated by the CONTRACTOR's activities. Erosion control facilities damaged by the CONTRACTOR's activities shall be immediately repaired by the CONTRACTOR at no additional cost to the OWNER. I S.P. -7 4 1 i. Haul Off Excess Excavation. Excess excavation disposed of off-site shall be measured for payment by the cubic yard. The contract quantity was computed by the following formula: Total Excavation -(Total In-Place Embankment x 1.4) Payment shall be made at the contract unit price per cubic yard for"Haul Off Excess Excavation" and shall be full compensation for all labor, materials, and equipment necessary for excavating, 1 loading, hauling, and off-site disposal. j. Remove and Replace Unsuitable Material. Remove and replace unsuitable material shall be measured for payment by the cubic yard in its original position. The quantity shall be computed using cross sections taken before and after removal of the material or by other measurements of the area of excavation made by the ENGINEER. Materials which are disposed of off the project site shall be paid for as"Remove and Replace Unsuitable Material". Materials which are disposed of on the project site shall be paid for as "Earthwork (Excavation)". Replacement of unsuitable material shall be from on-site material, Payment shall be made at the contract unit price per cubic yard for"Remove and Replace Unsuitable Material"and shall be full compensation for furnishing all labor, equipment, for materials and incidentals necessary for excavation of the material and disposal of the material off-site. k. Remove and Haul Off Site Contaminated Soil. The Geotechnical Engineer has encountered the presence of contaminated soil consisting of hydrocarbon in the area south of the existing building that abuts 24th Street. Therefore,removal of contaminated soil shall pertain to hydrocarbon only, and shall be removed in accordance with the requirements of the"Integrated Waste Section", a division of the State of Nebraska Department of Environmental Quality. The contact persons are ' Dave Wirsch (402-471-0272) and/or Dave Busch (402-471-4237). Payment shall be made at the contract unitpriceper cubic for"Removal and Haul Y yardau Off Site Contaminated Soil" and shall be full compensation for all labor, materials and equipment necessary for excavating, hauling, spreading and compacting materials as required to complete the project in accordance with the PROJECT SPECIFICATIONS. The CONTRACTOR shall be responsible for obtaining all permits for removal of contaminated soils. I. Seeding. Seeding shall be in accordance with the PROJECT SPECIFICATIONS. • 1 1 S.P. -7 1 5 1 SECTION 3 CLAUSE • All Section 3 covered contracts shall include the following clause (referred to as the Section 3 clause): A. The work to be peg rornied under ties contract is subject to the requirements of Section - of i(n) De,el n 1963, as amended. 12 U.S.C. 1 it lu (Section 3). s,., :iC.l.5i. aIId Lrpall liGlrie..0 .�iit OI : J ' - ur case of Section 3 is to ensure that emplo ment and rot�`:er economic opportunities generated by F-iUD assistance or HUD-assisted projects covered by Section 3 shall, to the greatest extent feasible. be directed to low-and very low-income persons. particularly persons 1 .o are recipients of HUD assistance for housing. B. The parties to this contract agree to comply '.v;i i t-itiD's regulations in 24 CFR part 135. 1 nich implement Section 3. As evidenced by their execution of this contract, the parries to this contract certify that they are under no contracaial or other impediment that would prevent them from complying with the part 135 regulations. ' C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a ' notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for tclining and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire. availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) tal -1 applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to ' compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a tinting that the subcontractor is in violation of the regulations in 24 CFR part 135. The ' contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR oar: 135. E. The contractor will certify that any vacant employment positions. including training positions, that are filled (1) after the contractor is selected but before the contract is executed, ' anti (2) with persons other than those to whom the regulations of 24 CFR part 135 require • era oloyment opportunities to be directed, were not railed to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD- ' assisted contracts. Effective August 1, 1994 G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. I Pares to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible. but not in derogation of • cotriclianCe with Section 7(b). Providing Other Economic Opportunities. (a) r-N!'e•'.:!. In accordance wlCll the iindii.3S,oL the 1..lJnCreCJ_ as stated in Section 3, that other economic opportunities offer an effective means of empowering low-income persons. a recipient is encouraged to undertake effort to provide :o tow-income persons economic is ccc.% JC1eS other than training, eri plo':.rent. and conract awards, in connection with Section 3 covered assistance. (b) Other :i;.Il`n and employment-related opportunities. Other economic opportunities to train and emcioy Section 3 residents include, but need act be Limited to, use or "upward mccc "bridge and trainee positions to fill vacanc:es: nnnn's Section 3 residents in management and maintenance positions within other i ccsi g developments; and hiring Section 3 residents in part-time positions. (c) Other business-related economic opportunities. (1) A rec oient or contractor may provide economic opportunities to establish, stabilize or expand Section 3 business concerns, including. micro-enterprises. Such opportunities include., but are not Limited to the formation I of Section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, ptirchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident- 1 owned businesses and use of procedures under 24 C:R part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-Section 3 businesses to utilize such methods to provide ' other economic opportunities to low-income persons. (2) A Section 3 joint venture means an association of business concerns, one of which Qualifies as a Section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business ' venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permare nt basis for conducting business generally, and for which the Section 3 business concern: (i) Is responsible for a clearly defined portion of the wort to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proporonate to its work. Effective August 1, 1994 , 1 I ATTACHMENT 0 I Circular No . A-102 • PROCUREMENT STANDARDS 1 . Atplicability Ia . This Attachment establishes standards and guidelines for the procurement of supplies, equipment, construction and services I for Federal assistance programs . These. standards are furnished to ensure that such materials and services are obtained efficiently and economically and in compliance with the provisions of applicable Federal law and executive orders . b. No additional procurement requirements or subordinate regulations shall be imposed upon grantees by executive agencies I unless specifically required by Federal law . or executive orders or authorized by the Administrator for Federal Procurement Policy. This prohibition is not applicable to payment conditions I issued in accordance with Treasury Circular 1075, individual grantee requirements pursuant to Section 10 of the basic circular or the provisions of this or other OMB circulars . II - c . Provisions of 'current subordinate requirments not conforming to this Attachment shall be rescinded by grantor agencies unless approved by the Office of Federal Procurement IPolicy (CFPP ) . . 2 . Grantee/Grantor Resaonsibiiity I a. These standards do not relieve the grantee cf any contractual responsibilities under its contracts . The grantee is I responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements entered in support of a grant. These include but are not limited to source Ievaluation, protests , disputes, and claims . Executive agencies shall not substitute their judgment for that of the grantee unless the matter is primarily a Federal concern. Violations of I law are to be referred to the local , State, or Federal authority having proper jurisdiction. I b . Grantees shall use their own procurement- prccedures which reflect applicable State and local laws and regulations, provided that procurements for Federal Assistance Programs I - I . 1 3/82 I 1 1300. 17 ' Attachment 0 conform to the standards set forth in this Attachment and applicable Federal law. , 3 . Grantee Procurement Improvement Executive agencies awarding Federal grants or other ' assistance which require or allow for procurement by the recipients are encouraged to assist recipients in improving their procurement capabilities by providng them with technical assistance training, publications, and other aid. 4. Procurement System Reviews ' a. Executive agencies are encouraged to perform reviews of their grantees' procurement systems if a continuing relationship with the grantee is anticipated or a substantial amount of the Federal assistance is to be used for procurement and review of individual contracts is anticipated. The purpose of the review shall be to determine: ( 1) whether a grantee' s procurement system meets the standards prescribed by this Attachment or other criteria acceptable to the OFPP, such provisions of the Model Procurement Code for State and local government; and (2 ) whether the grantee' s procurement system should be certified by the reviewing agency. Such a review will also give an agency an opportunity to give technical assistance to a grantee to remedy its procurement system if it does not fully comply. In addition, such a review may provide a basis for deciding whether the grantee' s contracts and related procurement documents should be subject to the grantor' s prior approval, as provided by Section 6 . b. In conducting procurement system review, grantor 1 agencies will evaluate a grantee' s procurement system in terms of whether it complies with the standards prescribed by this Attachment and represents a fair, efficient and effective procurement- system. To the maximum extent feasible, reviewers will rely upon State or local evaluations and analyses performed by agencies or organizations independent of the grantee I contracting activity. c . When a Federal grantor agency completes a procurement review, it shall furnish a report to the grantee, with a copy to OFPP. d. All agencies should normally rely upon the resultant findings or certification for a period of 24 months before another review is performed. 2 I1300.17 I Attachment 0 I e. Reviews shall be conducted in accordance with standards and guidelines approved or issued by OFPP . If. The reviews authorized by Section 6 are waived if a grantee's procurement system is certified. IS . Protest Procedures a. Grantor agencies may develop an administrative procedure to handle complaints or protests regarding grantee contractor Iselection actions . J.he procedure shall be limited as follows: a. No protest shall be accepted by the grantor agency until I all administrative remedies at the grantee level have been exhausted. Ib. Review is limited to: (i ) Violations of Federal jaw or regulations . Violations of State or local law shall be under the jurisdiction of State or local authorities . ( ii ) Violations of grantee ' s protest procedures or failure to Ireview a complaint or protest. 5 . Grantor Review of Proposed Contracts . IFederal grantor pre-award review and approval of the • grantee' s .proposed contracts and related procurement documents, ' such as requests for proposal and invitations for bids, is permitted only under the following circumstances : a. The procurement is expected to exceed $10 , 000 and •is to •' be awarded without competition or only one bid or offer is received in response to solicitation. specifies a -,�, ocu e:�ent expected to exceed $10, 000 , b procurement The p P Iro act; or er and name" .product;, I to c c . �• e grantee ' s procurement procedures or operation fails comply with one or more significant aspects of this Attachment. The grantor agency shall notify the grantee in Iwriting; with a copy of such notification to the OFP? . 7 . Code of Conduct . 1 1 3 3;82 1300. 17 i Attachment 0 Grantees shall maintain a written code or standards of conduct which shall govern the performance of their officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. No employee, officer or agent of the grantee shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a. The employee, officer or agent; ' b . Any member of his immediate family; c . His or her partner; or d. An organization which employs , or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee' s officers, employees or agents shall neither ' solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements . Grantees may set minimum rules where the financial interest is not substantial or _the gift is an unsolicited item of nominal ' intrinsic value . To the extent permitted by State or local law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee' s officers, employees, or agents, or by contractors or their agents . • S . Procurement Procedures The grantee shall establish procurement procedures which provide that proposed procurement actions - shall be reviewed by grantee oc`' 3'' s to avoid the purchase of unnecessary or duplicative items. Consideration should be given to consolidation or breaking out to obtain a more economical purchase . Where appropriate, an analysis shall be made of lease versus purchase alternatives , and any other appropriate analysis to determine which approach would be the most economical . To foster greater economy and efficiency, grantees are encouraged to enter into State and local intergovernmental agreements for I procurement or Gse of common goods and services . 3/82 4 • 1300.17 ' Attachment 0 ' 9 . Contracting with Small and MinorityFirms , Women ' s Business Enterprise and Labor Surplus Area irms ' a. It is national policy to award a fair share of contracts to snail and minority business firms . Accordingly, affirmative steps must be taken to assure that small and minority businesses ' are utilized when possible as sources of supplies , equipment , construction and services . Affirmative steps shall include the following: ' ( 1 ) Including qualified small and minority businesses on solicitation lists . ( 2 ) Assuring that small and minority businesses are ' solicited whenever they are potential sources . ( 3 ) When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small and minority business participation. ( 4 ) Where the requirement permits ,, establishing delivery schedules which will encourage participation by small and ' minority business . ( 5 ) Using the services and assistance of the Small Business ' Adminisration , the Office of Minority Business Enterprise of the Department of Commerce and the Community Services Administration as required. ' ( 6 ) If any subcontracts are to be let , requiring the prime contractor to take the affirmative steps in I through 5 above. • b. Grantees shall take similar appropriate affirmative action in support of women' s business enterprises . c. Grantees are encouraged to procure goods and services from labor surplus areas . d. Grantor agencies may impose additional regulations and requirements in the foregoing areas only to the extent specifically mandated by statute or presidential direction. ' 10 . Selection procedures a . All procurement transactions , regardless of whether by sealed bids or by negotiation and without regard to dollar value , shall be conducted in a manner that provides maximum open and ' 3 3/82 1 1300.17 Attachment 0 free competition consistent with this Attachment. Procurement procedures shall not restrict or eliminate competition. Example of what is considered to be restrictive of competition include, but are not limited to : ( 1 ) placing unreasonable requirements on firms in order for them to qualify to do business; (2 ) noncompetitive practices between firms; (3 ) organizational , conflicts of interest; and ( 4) unnecessary experience and bonding rec'.:ir rents. + b . The grantee shall have written selection procedures which shall . provide, as a minimum, the following procedural requirements : ' ( 1 ) Solicitations of offers, whether by competitive sealed bids or competitive negotiation shall : ( a) incorporate a clear and accurate description of the technical requirements for the material , product, or service to be procured. Such description shall not, in competitive ' procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material , product or service to be procured, and when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is , to satisfy its intended use . Detailed product specifications should be avoided if at an, possible . When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equal" description may be used as a means to define the performance or other salient requirements of a procurement. The specific features of the named brand which must be met by offerors shall be clearly stated. ' (b) Clearly set forth all requirements which offerors must and all other factors to be used in evaluating bids or proposals . ( 2 ) Awards shall be made only to responsible contractors that possess the potential ability to perform successfully under e terms and conditions of a proposed procurement. Consideration shall be given to such matters as contractor integrity, compliance with public policy, record o past , performance, and financial and technical resources . 11 . Method Procurement 1 • 3/82 6 11 I .................., 1300 . 17 IAttachment 0 ' der rants shall be made by one of the Procurement i,.n g following methods, as described herein: ( a) small purchase I procedures; (b) competitive sealed bids ( formal advertising) ; (c ) competitive negotiation; (d) noncompetitive negotiation. I a. Small purchase procedures are those, relatively simple and informal procurement methods that are sound and appropriate for a procurement of services, supplies or other property, costing in the aggregate not more, than $10, 000. Grantees shall Icomply with State or local shall purchase dollar limits under $10, 000. If small purchase procedures are used for a procurement under a grant, price or rate quotations shall be obtained from an IIadequate number of qualified sources . b . In competitive sealed bids formmal advertising) , sealed I bids are publicly solicited and a firm-fixed-Price contract ( lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms :and conditions of the Iinvitation for bids, is lowest in price. ( 1 ) In order for formal advertising to be feasible, appropriate conditions must be present, including, as a minimum, Ithe following: • ( a) A complete, adequate and realistic specification or Ipurchase description is available. (b) Two or more responsible suppliers are willing and able to compete effectively for the grantee ' s business . ( c ) The procurement lends itself to a firm-fixed-price contract, and selection of the successful bidder can • I appropriately be made principally on the basis of price . (2 ) If formal advertising is used for a procurement under a I grant the following requirements shall apply: ( a) A sufficient time prior to the date set for opening of bids, bids shall be solicited from an adequate number of known ' suppliers. In addition, the invitation shall be publicly advertised. I (b) The invitation for bids, including specifications and pertinent attachments , shall clearly define the items or services I needed in order for the bidders . to properly respond to th-e invitation. 7 3/82 11 1300 . 17 Attachment 0 1 (c ) All bids shall be opened publicly at the time and place stated in the invitation for bids . ' (d) A firm-fix-price contract award shall be made by written notice to that responsible bidder whose bid, conforming to the invitation for bids, is lowest. Where specified in the bidding documents, factors such as discounts, transportation costs and life cycle costs shall be considered in determining which bid is lowest. Payment discounts may only be used tO determine low bid W ,e: prior experience of ' the grantee indicates that such discounts are generally taken. ( e) Any or all bids may be -rejected when theresound are �oul.c documented business reasons in the best interest of the program. c . In competitive negotiation, proposals are requested from a number of sources and the Request for Proposal is publicized, negotiations are normally conducted with •more than one of the sources submitting offers, and either a fixed-price or cost-reimbursable type contract i5 awarded, as appropriate . Competitive negotiation may be used if conditions are not appropriate for the use of formal advertising. If competitive negotiation is used for a procurement under a grant, the following requirements shall apply: ( 1 ) Proposals shall be solicited from an adequate number of qualified . sources to permit reasonable competition consistent with the nature and requirements of the procurement. The Request ' for Proposal shall be publicized and reasonable requests by other sources to compete shall be honored to the maximum extent practicable. (2 ) The Request for Proposal shall identify all significant evaluation factors, including price or cost where required and their relative importance. • ( 3 ) The grantee shall provide mechanisms for technical evaluation t o proposals received determinations of responsible a offerors � .or the purpose of written, or oral discussions, and selection for contract award. ( -) Award may be made to the responsible offeror whose I proposal will ::e most adavantageous to the procuring party, price and other factors considered. Unsuccessful offerors should be no tified promptly.• 1 -3 32 3 II1300 . 17 i IAttachment 0 I ( 5 ) Grantees may utilize competitive negotiation procedures for procurement of architectural /engineering professional services , whereby competitors ' qualifications are evaluated and I the most qualified competitors ' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation . Id. Noncompetitive negotiation is procurement through solicitation of a proposal from only one source , or after solicitation of a number of sources , competition is determined I inadequate . Noncompetitive negotiation may be used when the award of a contract is infeasible under small purchase , competitive bidding ( formal advertising) or competitive I negotiation procedures . Circumstances under which a contract may be awarded by noncompetitive negotiation are limited to the following; I ( 1 ) The item is available only from a single source ; ( 2 ) public exigency o-r emergency when the urgency for the Irequirement will not permit a delay incident to competitive solicitation; I ( 3 ) The Federal grantor agency authorizes noncompetitive negotiation ; or • I ( 4 ) After soliciation of a number of sources , competition is determined inadequate. e . Additional innovative procurement methods may be used by I grantees with the approval of the grantor agency . A copy of such approval shall be sent to the OFPP . I12 . Contract Pricing I The cost plus a percentage of cost and percentage of construction cost method of contracting shall not be used . Grantees shall perform some form of cost or price analysis in connection with every procurement action including contract I modifications . Costs or prices based on estimated costs for contracts under grants shall be allowed only to the extent that costs incurred or cost estimates included in negotiated prices are consistent with Federal cost principles . 13 . Grantee Procurement Records 1 Grantees shall maintain records sufficient to detail the significant history of a procurement . These records shall I9 3/22 1300 . 17 111 Attachment 0 include , but are not necessarily limited to information pertinent to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the cost or price . 14 . Contract Provision In addition to provisions defining a sound and complete procurement contract, any recipient of Federal grant funds shall include the following contract provisions or conditions in all procurement contracts and subcontracts as required by the provision, Federal law or the grantor agency. • a . Contracts other than small purchases shall contain , provisions or conditions which will allow for administrative, contractual , or legal remedies in Instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate . b . All contracts in excess of $10, 000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. in addition, such contracts shall describe conditions under which the contract may be terminated. for default as well as conditions were the contract may be terminated because of circumstances beyond the control of the contractor. c . All contracts awarded in excess of 510, 000 by rantees and their contractors or subgrantees shall contain a provision requiring compliance with Executive Order 11246, entitled "Equal Employment Opportunity, " as amended by Executive Order 11375 , and as supplemented in Department of Labor regulations ( 41 CFR Part 60 ) . ' d. All contracts and subgrants for construction or repair shall include a provision for compliance with the Copeland "Anti- Kickback" Act ( 18 USC 874) as supplemented in Department of Labor regulations (29 CFR, Part " 3 ) . This Act provides that each .... .. actor or subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The grantee shall report all suspected or reported violations to the grantor agency. ' e When rL. aired by the Federal grant program legislation, all construction contracts in excess of $2 , 000 awarded by grantees and subgrantees shall include a provision for compliance 1 3/82 ro ' , I 1300. 17 Attachment 0 with the Davis-Bacon Act (40 USC 276a to a-7 ) as supplemented by Department of Labor regulations ( 29 CFR, Part 5 ) . Under this Act contractors shall be required to pay wages to laborers and ' mechanics at a rate not less than the- minimum wages specified in a wage determination made by the Secretary , of Labor. In addition, contractors shall be required to pay wages not less ' often than once a week. The grantee shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a Contract shall be conditioned upon the acceptance of the wage determination. The grantee shall report all suspected or reported violations to the grantor agency. ' f. Where applicable, all contracts awarded by grantees and subgrantees in excess of $2 , 000 for construction contracts and in . excess of $2 , 500 for other contracts which involve the employment ' of mechanics or laborers shall include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act ( 40 USC 327-330) as supplemented by Department of ' Labor regulations (29 CFR, Part 5 ) . Under Section 103 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of standard workday of 8 111 hours and a standard workweek of 40 hours . Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of 8 hours in ' any calendar day or 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. c The contract shall include notice of grantor agency req,.:i cements and regulations pertaining to reporting and patent ' rights undier any contract involving research, developmental , experimental or demonstration work with respect to any discovery or invention which arises or is developed in the course of or `i undersuch contract, nof Y e - ire e. and e mac:., and grantor agency rec�� :� its regulations pertaining to copyrights and rights n data . All negotiated contracts ( except -those awarded by small c a,e procedures ) awarded by grantees shall include a 11 3/32 • 1300 . 17 ' Attachment 0 provision to the effect that the grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books , documents , papers, and records of the contractor which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcriptions. Grantees shall require contractors to maintain all required records for three years after grantees make final payments and all ogler pending matters are closed. Contracts , subcontracts, and subgrants of amounts in excess of $100, 000 shall contain a provision which requires compliance with all applicable standards, orders, or requirements - issued under Section 306 of the Clean• Air Act ( 42 USC 1857 (h) ) , Section 508 of the Clean Water Act (33 USC 1368) , Executive Order 11738, and Environmental Protection Agency regulations ( 40 CFR, Part 15 ) , which ' prohibit the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA List - of Violating Facilities. The provision shall require reporting of vic_ations • to the grantor agency and to the USEPA Assistant Administrator for Enforcement (EN-329 ) . • j . Contracts shall recognize mandatory standards and polices relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P . L. 94-163 ) . • Grantor agencies are permitted to require changes, es, remedies, changed conditions, access and record retention suspension of work clauses approved by the Office of Federal I Procurement Policy. 15 . Contract Administration. , Grantees shall maintain a contract administration system ensuring that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders . • 1 3;32 i2 , i i 1 MINORITY BUSINESS & WOMEN BUSINESS • I 1 �II 7:5ir Revised • august 1997 4 `rrrk -4 aTFo Ftis`-ty* . i PLANNING OMAHA City of Omaha City of Omaha Hal Daub. Mayor Planning Department U Omaha/Douglas Civic Center 1319 Farnam Street Omaha. Nebraska 681S 1 PLANNING DEPARTMENT 11. CITY OF OMAHA MINORITY BUSINESSWOMEN BUSINESS ENTERPRISE PLAN INTRODUCTION Minority and women business sectors play an important part in Omaha's overall plans for future growth, progress, and prosperity. It is vital to the City's economic condition and well-being that minority and women businesses expand, thrive and prosper. _generating economic stability and increased job opportunities. Towards the fulfillment and accomplishment of these important objectives, the City of Omaha remains committed to minority and women business development. ' The City of Omaha's approach to minority/women business development is embedded in its policy of non-discrimination in the conduct of City business including the procurement bf goods. materials and services, construction and community and economic development projects. The City recognizes its obligations to each segment of the various communities it serves. It is in recognition of these responsibilities that the City established the City's Contract Compliance Ordinance. ' . The Ordinance commits the City to: ' 1. Require contractors and/or vendors to provide employment opportunities without regard to race, creed, color, sex religion, or national origin; 2. Monitor contractor and vendor equal opportunity performance; and 3. Increase the total number and total dollar volume of City contracts awarded to minority- owned and women-owned firms. • ' GOALS AND OBJECTIVES The following represents a summary of the goals and objectives of the Planning Department as they relate to minority and women-owned businesses: ' 1. Encourage, increase and promote business and procurement opportunities for women- owned businesses: ' 2. Increase and expand the awareness and understanding regarding the concerns, obstacles, and hindrances preventing increased MBE/WBE participation in Planning Department activities: ' 3. Assist MBE's/WBE's through the revitalization of business districts 4. Assist minority and female entrepreneurs in the formation and growth of new small businesses: and • ' 5. Provide technical assistance to neighborhood organizations, N'lBE's and WBE's to increase their participation in the Planning Department programs and activities at all levels. • 1 i SCOPE OF WORK In order to accomplish these objectives, the Planning Department will: 1. Require that recipients of grant awards, consulting contracts, or loans to develop and provide a MBE/WBE Utilization Plan. 2. Ensure that Requests for Proposals require the submission of MBE/WBE Utilization Plans. 3. Ensure that the programs of the Planning Department are advertised in the appropriate new media whose markets are targeted toward .MBE/WBE. 4. Implement an outreach effort informing MBE and \;BE firms and capture information on these firms doing business with the Planning Department. 5. Implement a system to identify MBE and WBE firms and capture information on these firms doing business with the Planning Department. 6. Require developers, corporations, partnerships and/or sole proprietors to register with the P P P Human Relations Department and the Purchasing Department. In addition, require these entities to: A. Complete CC-1 (Human Relations Department) B. Complete Bid List Registration (Finance Department, Purchasing Division C. Complete Business Certification (Human Relations Department) 7. Require developers, corporations, partnerships and/or sole proprietors to provide registration information on all sub-contractors. 8. Require loan agreements to include a statement that jobs created will be made available to low-to-moderate income persons. The following application package has been developed to assist you in complying with our request for information on your business and all sub-contractors providing goods and/or services on projects financed by and/or implemented through an agreement with the City of Omaha. If you have any questions or require further assistance in completing the application package. please contact Mr. Kenneth Johnson. Sr. at 444-5163. i r i I I , . MBEAVBE FOR EMPLOYMENT The following list of organizations is provided to assist you in identifying low-to-moderate income • persons for employment opportunities. You must make concerted efforts to hire low-to-moderate income persons and document specific actions taken to achieve these objectives. To help accomplish the above goals, the following agencies should be notified of initial employment opportunities for low to moderate income persons: Nebraska Department of Labor-Omaha Job Service Omaha Ser-Jobs for Progress. Inc. 5036 Ames Avenue 5002 South 33rd Street Omaha, NL 581 i 1 Omaha, NE 68107 Jack Meyers, Office Supervisor Espi Valencia, Executive Director ' 595-3123 734-1321 • Job Training of Greater Omaha Omaha Opportunities Industrialization Center Blue Lion Centre 2724 North 24th Street 2421-23 North 24th Street Omaha, NE 68110 Omaha. NE 68110 Dr. Bernice Dodd, Executive Director Diane Thomas, Director 457-4222 444-4700 Urban League of Nebraska. Inc. Girls Incorporated of Omaha 3022-24 North 24th Street 2811 North 45th Street ' Omaha, NE 63110 Omaha, NE 68104 George Dillard, President Norma Deeb, Executive Director 453-9730 457-4676 YWCA 222 South 29th Street Omaha, NE 68131 Emily Kozlik, Executive Director 345-6555 • • • 1 3 • MBE/W BE FOR GOODS AND SERVICES Your company must make vendors aware of your policy to support equal opportunity utilization of minority, disabled and women-owned businesses. To accomplish.this goal, you must provide a copy of the approved MBEAVBE Participation Plan to all businesses providing goods and/or services to the project. Your company must provide the opportunity for Minority Business Enterprises and Women ' Business Enterprises to provide goods and services through all phases of the project. A concerted effort must be made to allow these businesses to actively compete for project contracts. This effort will include utilization of the following resources and documentation of your actions to ' achieve these objectives. Omaha Small Business Network, Inc. ' 2505 North 24th Street Omaha, NE 68110 Sherrye McGhee. Executive Director ' 453-5336 Housing, and Community Development Division ' City Planning 1819 Farnam Street, Room 1 1 1 1 Omaha, NE 68183 Kenneth E. Johnson, Sr., Economic Development Manager 444-5165 ' Nebraska Department of Economic Development Small Business (MIBENVBE/DBE) Assistance 301 Centennial Mall South ' Lincoln, NE 68509-4666 Steve Williams, Business Assistance Manager ' 471-3778 Purchasing Department ' 1819 Farnam Street, Room 1003 Omaha, NE 68183 Pat Burke, Purchasing Agent 444-5408 Human Relations Department George Davis, Director (444-5050) ' Contract Compliance (i'IBE/WBE) 1819 Farnam Street. Room 502 Omaha, NE 68183 ' Rita Vlademar, Contract Compliance Manager 444-5067 ' 4 1 MBE/WBE FOR GOODS AND SERVICES ' Regional Minority Purchasing Council Greater Omaha Chamber of Commerce I 1301 Harney Street Omaha, NE 68102 Terrie Miller, Director ' 345-5000 Omaha Ser-Jobs for Progress, Inc. 5002 South 33rd Street Omaha, NE 68107 Espi Valencia. Executive Director ' 734-1321 ' United Minority Contractors Association 2221 North 24th Street Omaha, NE 68110 Al Epps, Executive Director I 341-2177 ' Donna B. Hayes, ADDMSB Capital Ownership Development Small Business Administration ' 1 1 145 Mill Valley Road Omaha, NE 68154 221-4691 Hubert J. Carter, Jr., Deputy for Small Business U.S. Corps of Engineers I 215 North 17th Street Omaha, NE 68102 221-4110 . 1 1 5 City of Omaha BUSINESS QUALIFICATION RESUME ' DATE: I. FIRM IDENTIFICATION: CON/MANY NAME STREET ADDRESS CITY STATE ZIP CODE ' BUSINESS PHONE HOME PHONE MONTH & YEAR ESTABLISHED II. OWNERSHIP OF FIRM: ' IS THE FIRM OWNED AND CONTROLLED BY MEMBER OF MINORITY OR OTHER DISADVANTAGED GROUP?: YES NO MINORITY ' WOMAN N/A TYPE OF OWNERSHIP: INDIVIDUAL PARTNERSHIP CORPORATION ' IS 51% OWNED BY A MINORITY? YES NO NAME AND ADDRESS OF ALL STOCKHOLDERS AND/OR PARTNERS: NAME, TITLE, HOME ADDRESS % OF OWNERSHIP III. MANAGEMENT (USE SAME FORMAT FOR ADDITIONAL MANAGEMENT PERSONNEL): ' NAME POSITION EDUCATION ' MANAGEMENT OR TECHNICAL TRAINING 1 6/2190 6 • 1 1 I City of Omaha CONTRACTOR INFORMATION FORM: DATE: PROJECT ADDRESS OWNER INFORMATION: (To be filled out by the City of Omaha) OWNER'S NANTE OWNER'S ADDRESS CITY/STATE/ZIP CODE OWNER'S PHONE NUMBER OWNER'S FEDERAL. TAX IDENTIFICATION NUMBER: MINORITY INFORMATION: I The Owner meets the following criteria: MINORITY • WOMAN N/A (If the company does not have a Federal Tax Identification ' Number, then provide the Owner's Social Security Number.) GENERAL CONTRACTOR INFORMATION: COMPANY'S NAME COMPANY'S ADDRESS CITY/STATE/ZIP CODE COMPANY'S PHONE NUMBER COMPANY'S FEDERAL TAX IDENTIFICATION NUMBER: MINORITY INFORMATION: The Company meets the following criteria: MINORITY WOMAN N/A CONTRACT AMOUNT: SUBCONTRACTOR LIST: 1 SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE = MINORITY INFO. — MINORITY WOMAN CONTRACT AMOUNT: N/A SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE 4 MINORITY INFO. MINORITY I _ CONTRACT AMOUNT: WOMANN/A 7 I • City of Omaha SUBCONTRACTOR LIST: (Continuation) SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE # N AIL ORITY INFO. ' MINORITY CONTRACT AMOUNT: WOMAN N/A ' SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE # MINORITY INFO. MINORITY 1 WOMAN CONTRACT AMOUNT: N/A SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE # MINORITY INFO. ' MINORITY WOMAN ' CONTRACT AMOUNT: N/A SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE # MINORITY INFO. ' MINORITY WOMAN CONTRACT AMOUNT: N/A ' SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE # MINORITY INFO. MINORITY ' CONTRACT AMOUNT: WOMANN/A ' SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE # MINORITY INFO. MINORITY WOMAN CONTRACT AMOUNT: N/A ' SUBCONTRACTOR TRADE FED. 1.D. # TELEPHONE # MINORITY INFO. MINORITY WOMAN ' CONTRACT AMOUNT: N/A SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE # MINORITY INFO. ' MINORITY WOMAN CONTRACT AMOUNT: N/A f:tword_I l johnsoiv reports•mhe-?.due 8 I . . EQUAL EMPLOYMENT OPPORTUNITY CLAUSE 1 _ Durun .he per or ance of this contract, Contractor awes as follows: ' (.) The Conn . -- -' ra i!?'ctor shall act disc ?te against any employee applicant for e"'o!oy" ,--,_t . \ because of race. reon,color, sex,1'arionai origin, or disability as defined by the A a e_irans N ith Disabilities Act of 1990 and Omaha M nicina Code ! -g2. Me Conna.C:oi S..7211. to a==ajve action to ensure ,_._: applicants are e^' Toyed and that ezmuioyees are e ted I ec'o -e o their ace, religicr,, color, se:; or c.a o i or Y... ine Connector sna lI take all actions necessary to comply with the Americans wii,Disabilities c: of 1990 and dry-._ till:hicipal Code (ChaCte_ 13) inciudinz, but act li_-., :e: to, 1 re As _ "treated" reasonable aCCGi�CC �Ci:. i .`�^. herein, the wordu�.:_.'.^. sPa!I ne`'....^� and -C:i:de, without timitaton, the following: Recruited whether advertising or by other .-e?'s; I coWnenSated selected tra= , including ac:rez•=cesrip: promote-4-. 'ic'Va"e . ce—ote-', dog g'aded; s:erred; laid o� and terminated_ 1 Contractor ag'ees to and sha!i most in cons-cic:!ous places, available to employees and ap:icr.its for employment, notices to be I _ rovid ed by the co,a �ac g of-.7, sett ing seng ion L-, the provisions of this nondisc t__oa' casle. I (2) shall, in ail solicitations r employees blaced by or on The Conn-actor ._ SG 'tilt.-�OIIS or f0. behalf of the Con"ab:or, state that all qualified applicants will receive consideration for e.^�iovmen_ without regard to race, reiic o%, color, sex, national origi- or disability as Irecbg7,'7ed under 4.% USCS 12101 et sea. . ' (.:) the Contractor shall send to each labor union or representative of workers with which he has a collective Car_ai li c agreement or other conuac: or understanding a notice advising:the labor unionor workers representative of the Contractors corimit ,:ens underr.:he Ec a i E--,^Iovraer t O r,o: un it;i Clause of the City and snail cost copies of the nonce in conspicuous places available to employees and applicants for employment. I (4) :.-,e Con actcr shall fie. ish to the connac:co=liance oEcer ail Federal for"'= conra,ririv the j'-+nliLlLai.on and reor s recuired by the Federal government for Federal contiac:s under = `- I . edp ai miles and reg'iia_ons, and including the , anon rrc fired vy Sections 10-192 to I94 inclusive, and shall ne n t reasonable an c to its r ores. Records accessible to - r' `r- c: Co:--L`.ce 0= cer shall be those wE c _._ related to Paragraphs (I) ' cn=n I (') of:his subsection and only a.er easonable notice is given i e Conn ctor. The :h -hose for ...._is Provision is to Provide for investigation to ascertain cornliarce with. g"the :rc 'm provided for ere1 I (5) n C• rshallactionswithrespect to anysubcontractor as the City may The Con�L�..�G� take such rest Qilecenforcing:t as a means of eoing the provisions of Para--robs (1) through(7) herein, including Ipenalties and sanctions for noncompliance; however, in the event the Contractor becomes ivolved i= .,.• is 'threatened with litigation as the result of such directions by ti-ie City, the . City will enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division; and in the case of contacts receiving Federal theenter or theCityUnited States to into such assistance, the Contactor may request litigation to protect the intcrsts of the United States. (6) The Contractor shall Ede and sI,a11 antee his subcontractor.:,if any,to ale campITPrce.revors with the Contactor in the same form and to the 'e exert as requires by the Federal gover-^ent for Federal contracts under Federal roles and reg I dens. Such co pi nce renors sba i1 he Eled with the Contract Coanl;arce.OEcer.. Compliance,"cons per at such :es as directed shall ccnrl=r in+or 7P on as to the eauioyment practices, policies, c off. - and statistics of the Con actor and his subcontractors. (7) The Contractor shall include the provisions of?ara✓ trs (1) through (7) of this Sec ion, " qua_i r-7'17icy ent Opportunity Clause", and Section 10-193 in every subcontract or purchase order so that such provisions will be binri=ng upon each shconc.wtor or vendor. • • • I • 1 1 1 1 1 ' Federal Labor Standards Provisions U. S. Department of Housing and Urban Development Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the ' work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR ' Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual ' relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular ' contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. ' Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the_ employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional ' classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. ' (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination, HUD shall approve an additional classification and wage rate and fringe benefits ' therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a ' classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and ' (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, ' Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or ' its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) ' 1 1 f ' (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee ' shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. ' (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to ' subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or ' mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably ' anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or ' program. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) ' 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is ' held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. ' In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the ' wages required by the contract. HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on ' account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. ' 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in ' Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably ' anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide ' 2 ' such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors ' employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management of Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed ' a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part ' 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The ' prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). ' (b) Each payroll submitted shall be accompanied by a `Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: ' (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete; ' (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from ' the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of ' Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3(ii)(b) of this section. ' (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 1$ and Section 231 of Title 31 of the United States Code. ' (iii) The contractor or subcontractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview ' employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the ' suspension of any further payment, advance, or guarantee of funds: Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 1 3 1 I 1 4. (i) Apprentices and Trainees. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the ' registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage ' of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. in the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an ' apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval; evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of ' trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by ' the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than ' the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined ' rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. ' 4 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses ' contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5 7. Contracts termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and ' interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. ' 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee; the U.S. Department of Labor, or the employees or their representatives. ' 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis- ' Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a ' Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. ' (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 . Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of...influencing in any way the action of such Administration...makes, utters or publishes any statement knowing the same to be ' false...shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom ' the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any ' proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms ' `laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the ' contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours ' worked in excess of forty hours in such workweek. 5 1 ' (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and ' subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this ' paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the ' contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined ' to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set ' forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under ' construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such ' provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. ' 6 HUD 4010 (2-84) Retyped 9/98 — — 10 General incision Number NE980009 6/ , � Superseded General Decision No . NE970009 L D6 M -/5 c State : Nebraska - IConstruction Type : 1i_ y -! RESIDENTIAL I County (ies) : CASS DOUGLAS . SARPY I RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories) I Modification Number 0 Publication Date 02/13/1998 1 06/26/1998 2 07/17/1998 I3 08/07/1998 j I . 1 • I I I II 1 1 I I I • ` NE980009 Page : 1 1 COUNTY(ies) . ;-1jte-=-� CASS DOUGLAS SARPY /v ' BRNE0001D 06/01/1998 I Rates Fringes BRICKLAYER 19 . 00 4 . 80 ICARP0444C 10/01/1997 Rates Fringes I CARPENTER (includes acoustical ceiling, batt insulation and drywall installer work) 16 . 75 3 .76 1 ELECO022C 06/01/1998 Rates Fringes I ELECTRICIAN: Work on 4-story apartment buildings 21 .55 3 .5% 6 . 54 I * ELEC0022E 04/01/1998 Rates Fringes ELECTRIC N: Work on single family homes and apartments up to and including 3 stories 14 . 04 3 .5% + 3 .74 • PLAS0538B 10/01/1997 I Rates CEMENT MASON • Rates 16 .63 3 .88 IPLUM0016E 06/01/1998 Rates Fringes • PLUMBER 23 .52 5 .25 SUNE4003A 06/01/1984 I . Rates Fringes DRYWALL : • Hanger 13 .57 2 .10 I Finisher & taper 8 . 64 INSULATOR 11 .21 IRONWORKER 13 . 00 2 . 00 II LABORERS Gn.,-- 7 10 .41 1 .80 Mason~tender 10 .585 1 . 80 PAINTER 10 . 00 I POWER EQUIPMENT OPERATORS : Loader 13 .4 9 I SHEET METAL WORKER 11 . 89 1 .34 TRUCK DRIVER 10 .27 INE980009 Page : 2 --ra-L- cei4_,J, .. ' - c4,,, ,O16, , 1 - C AA a /q WELDERS - Receive rate prescribed for craft performing operatio I to which welding is incidental . Unlisted classifications needed for work not included within Ithe scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5 .5 (a) (1) (v) ) . IIn the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively I bargained wage and fringe benefit rates . Other designations indicate unions whose rates have been determined to be prevailing . I WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can I be : * an existing published wage determination 1 * a survey y underlying a wage determination * a Wageand Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) Iruling On survey related matters, initial contact, including requests II for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the I Davis-Bacon survey program. If the response from this initial • contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. I With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to : IBranch of Construction Wage Determinations Wage and Hour Division I U. S . Department of Labor 200 Constitution Avenue, N. W. Washington, D . C . 20210 I2 . ) If the answer to the question in 1 . ) is yes , then an interested party (those affected by the action) can request 1 review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to : I Wage and Hour Administrator U.S . Department of Labor I NE980009 Page :e : 3 200 Col,dtitution Avenue, N. W. ' Washington, D.'C. 20210 I The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, project description, area practice material, etc. ) that the I requestor considers relevant to the issue. 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review IBoard (formerly the Wage Appeals Board) . Write to : Administrative Review Board 1 U. S . Department of Labor . 200 Constitution Avenue, N. W. Washington, D . C . 20210 • I __-41, All decisions by the Administrative Review Board are final . END OF GENERAL, DECISION I I I I •• I . • I I I I . . INE980009 Page: 4 I 1 1 CITY OF OMAHA PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS AND ' SPECIAL PROVISIONS 1 GR 9920 I 1 NORTH OMAHA BUSINESS PARK I CONCORD SQUARE - SITE GRADING Bids received until 11:00 o'clock A.M. SEPTEMBER 22, 1999 ' Contract Award , 19 Resolution No. Contractor: 1 1 TABLE OF CONTENTS NOTICE TO BIDDERS NB-1 TO NB-3 ' PROPOSAL P-1 TO P-5 ' CERTIFICATE SHOP DRAWING TRANSMITTAL FORM SDTF-1 ' CONTRACT C-1 TO C-4 11 PERFORMANCE, PAYMENT & GUARANTEE BOND — B-I TO B-4 SPECIAL PROVISIONS INDEX SP-I 1 NON—TECHNICAL SPECIFICATIONS (SPECIAL PROVISIONS) Section 3 Clause of the Housing and Urban Development Act of 1968 Procurement Standards, Attachment"0" Minority Business Enterprise and Women Business Enterprise Plan Equal Employment Opportunity Clause Federal Labor Standard Provisions Wage Rates—General Decision No.NE 980009 1 NOTICE TO BIDDERS ' Sealed Proposals will be received by the City of Omaha, at the City Clerk's Office, L/C I, Omaha/Douglas Civic Center, until 11:00 a.m. on the 22ND day of September 1999 . for the construction of GR 9920 being NORTH ONLAMA BUSINESS PARK/CONCORD SQUARE- SITE GRADING. INSTRUCTIONS TO BIDDERS ' PROPOSALS: Each Proposal shall be legibly written or printed in ink on the form provided in this bound copy of proposed contract documents. Alterations in the Proposal by interlineation, by interpolation, or otherwise, will not be acceptable. Alteration of the bid by erasure must be signed or initialed by the bidder: if initialed, the City may require the bidder to identify any alteration so initialed. No alteration in any Proposal shall be made after the Proposal has been submitted. The bidder must bid on each item. If an item is bid at no cost; the words, "No Charge" shall be written in the appropriate space. All addenda to the contract documents shall be acknowledged in the Proposal, properly signed by the bidder and attached to the Proposal when submitted. ' Each Proposal shall be enclosed in a sealed envelope or wrapping, addressed to the "City Council, City of Omaha, Nebraska" and identified on the outside with the words "Proposal for the Construction of GR 9920." the bidder's name and the bidder's address; and filed with the City Clerk, L/C 1, Omaha/Douglas Civic Center 68183. ' Proposals must be based upon the Specifications and/orplans for the work bid upon as prepared bythe City P P P P P P ' Engineer and filed in his office. Bidders should familiarize themselves with the work herein contemplated by personally visiting the location of the work, in order that the true spirit and intent of the Specifications and/or plans may be fulfilled. ' No bidder may submit more than one Proposal except when no bid is received within the Engineer's Estimate as provided on Page NB-2. Multiple Proposals under different names will not be accepted from one firm or association. PROPOSAL GUARANTEE: Each Proposal shall be accompanied by a cashier's check, a certified check, ' United States Government Bond(negotiable), or a bidder's bond, for five (5) percent of the total amount bid, but in no case be less than One Hundred Dollars ($100.00). ' The Proposal Guarantee shall be made payable without condition to the City of Omaha, Nebraska, hereinafter referred to as City. The Proposal Guarantee may be retained by and shall be forfeited to the City as liquidated damages if the Proposal is accepted and a contract based thereon is awarded and the bidder should fail to enter into a contract in the form prescribed, with legally responsible sureties, within ten (10) days after such award is made by the City. Construction NB-1 6/97 1 1 ' ACCEPTANCE AND REJECTION OF BIDS: Bids will be compared on the basis of unit bid prices and the schedule of prices on file in the Office of the City Engineer. The lowest bid will be determined on the basis of the total cost. If no bid is received within the Engineer's Estimate, no award shall be made upon any bids received until after fifteen calendar days have elapsed from the time of the original bid date. Within the fifteen calendar ' days anyone desiring to may file a bid with the Public Works Director, providing such be within his estimate and be accompanied by a deposit or other guaranty of performance similar to that required by bidders upon the work under the advertisement calling for bids. The City reserves the right to accept the lowest base bid; to consider deductive alternatives; to reject any or all bids; and to waive irregularities or informalities in any bid. Bids received after the specified time of closing will be returned unopened. THE CITY RESERVES THE RIGHT TO ACCEPT OR REJECT ' ANY OR ALL BIDS IN THEIR ENTIRETY; BIDDERS HAVE THE RIGHT TO APPEAL ANY REJECTION DECISION TO THE CITY COUNCIL. ' AWARD OF CONTRACT: The City Council will award the contract as early as practicable after the tabulation of said bids to the lowest responsible bidder, whereupon all other bids will stand rejected, and the Proposal Guarantee of all bidders not successful will be returned. The.Proposal Guarantee of the successful ' bidder will be returned upon approval of the contract and bond by the City Council. SIGNATURE OF BIDDER: Each bidder shall sign his Proposal using his usual signature and giving his full business address. Bids by partnerships shall be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representative. Bids by corporations shall be signed with the name of the corporation followed by the signature and designation of the president, ' secretary or other person authorized to bind the corporation. Anyone signing a Proposal as agent for another, or otherwise, must file with the Proposal, evidence ' acceptable to the City of his authority to do so. INTERPRETATION OF CONTRACT DOCUMENTS: If any person who contemplates submitting a bid is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, he may submit to the City Engineer a written request for an interpretation thereof. The person submitting the request shall be responsible for its prompt delivery. Interpretation of the proposed contract ' documents will be made only by addendum. A copy of each addendum will be mailed or delivered to each person obtaining a set of contract documents from the City Engineer. The City will not be responsible for any other explanations or interpretations of the proposed contract documents. LOCAL CONDITIONS AFFECTING WORK: Each bidder shall visit the site of the work and shall completely inform himself relative to construction hazards and procedure, labor and all other conditions and factors, local and otherwise, which would affect prosecution and completion of the work and its cost. Such considerations shall include the arrangement and condition of existing structures and facilities, the availability and cost of labor, and facilities for transportation, handling and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of the bidder's proposal. There will be no subsequent financial adjustment for lack of such prior information. Construction NB-2 6/97 1 1 ' TIME OF COMPLETION: The time of completion is an essential part of the contract and it will be necessary for each bidder to satisfy the City of his ability to complete the work within the allowable time set forth in the Proposal. In this connection, attention is directed to the Special Provisions and the City of ' Omaha Standard Specifications for Public Works Construction, 1989 Edition, of the City of Omaha relative to delays, extensions of time and liquidated damages. STATE SALES TAX: The City of Omaha will furnish the successful contractor with a "Purchasing Agent Appointment and Exempt Sale Certificate" Form No. 92, for all items which are considered by the State of Nebraska to be exempt from the State Sales Tax. NEBRASKA LEGAL REQUIREMENTS: The successful bidder must be qualified to do business in the State of Nebraska before performing the contract; all as required by Nebraska State Statutes and amendments thereto. ' PERFORMANCE BOND: The successful bidder shall furnish within ten (10) days after the award, a Contract and a Performance, Payment and Guarantee Bond on forms required by the City, in the full amount of the contract as security for the faithful performance of the contract and the payment of all persons performing labor or furnishing materials in connection with the contract. This security shall also cover the guarantee required by the contract for the period of guarantee stated in the Proposal (See Section 103.05). ISURETY: The surety on the Contract and the Performance, Payment and Guarantee Bond shall be a duly authorized surety company, licensed to do business in the State of Nebraska, satisfactory to the City of Omaha. No surety company will be acceptable as bondsman that has no permanent agent or representative in the City of Omaha, Nebraska, Douglas County or Sarpy County upon whom notices may be served; service of said notice on said agent or representative in the City of Omaha shall be equal to service of notice on the president or such other officer of the surety company as maybe be concerned. ' Should the surety company acting as bondsman remove its permanent agent or representative from the City of Omaha, Douglas County or Sarpy County, the contractor shall then furnish the City of Omaha with a new surety bond conforming to the above described requirements. BOUND COPY OF CONTRACT DOCUMENT: The Proposal or other bidding forms shall not be removed from the bound copy of contract documents. The copy of contract documents filed with each bid ' shall be complete and shall include all items listed in the Table of Contents and all addenda. ' COPIES OF SPECIFICATIONS AND/OR PLANS: Copies of the specifications and/or plans for use in preparing bids may be obtained from the Public Works Department, 6th Floor, General Services Division, Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha,Nebraska 68183. The contractor to whom a contract is awarded will be furnished, without cost to him, seven (7) copies of the specifications and/or plans, together with all addenda thereto. Additional specifications and/or plans may be obtained from the City Engineer at cost. 1 ' Construction NB-3 2/99 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr September 28 19 99 r RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,bids were received on September 22, 1999 for GR9920, North Omaha Business Park/Concord Square - Site Grading at 20th and Paul Streets; and, WHEREAS, Negus & Sons, Inc., submitted a bid of$580,018.50,being the lowest and best bid for GR9920, North Omaha Business Park/Concord Square- Site Grading at 20th and Paul Streets; and, WHEREAS,Negus &Sons,Inc.,has complied with the City's Contract Compliance Ordinance No. 28885 in relation to Civil Rights -Human Relations. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the bid of$580,018.50 from Negus& Sons,Inc., for GR9920,North Omaha Business Park/Concord Square- Site Grading at 20th and Paul Streets,being the lowest and best bid received,be accepted and the contract awarded. BE IT FURTHER RESOLVED: THAT,the contract with Negus &Sons, Inc., as recommended by the Mayor, in the amount of$580,018.50 is hereby approved. BE IT ALSO FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the cost of GR9920, North Omaha Business Park/Concord Square - Site Grading at 20th and Paul Streets, in the amount of $580,018.50 from the Community Development Block Grant - Logan Fontenelle Development Project, Fund 193, Agency 200, Organization 8330. APPROVED AS TO FORM: P:\PLN3\7687.MAF 9 iS CITY ATTORNEY DATE Pe ) 02_ 74-70-c-k- By Councilmember Adopted P 2_.8. 1999 i o - Y City Clerk PP � � w Approved....+® .. 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