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RES 1996-1862 - Contract with Anderson Excavating and Wrecking Co for demolition of Obeco building at 30th and Taylor Sts J 4 4 otA"H".Ne © Planning Department F s RECEIVED, Omaha/Douglas Civic Center (61r-1404.' 1819 Farnam Street,Suite 1100 —E 1t��C� �� „^ �G 12 8: � Omaha,Nebraska 68183-0110 �®' .-. 41 v JULu L (402)444-5200 °y' 'g ' 'ti • (402)444-5150 °R �� T CLERK Telefax(402)444-6140 4TfbFE1311 CITY Y OMAHA, NEBRASKA JeffreyP.Johnson,AICP City of Omaha Director Hal Daub,Mayor Honorable President and Members of the City Council, The attached Resolution approves the contract with Anderson Excavating and Wrecking Co. for the demolition of the existing building and surface parking areas of the Obeco Building at 30th and Taylor Streets, for the future construction of the Northeast Police Precinct and M.A.T. Transfer Facility. In addition, the Contractor shall undertake site pre-grading work for both projects. The following bids were received on July 3, 1996. The Engineer's Estimate for this project is $288,800.00. • CONTRACTOR BID Anderson Excavating and Wrecking Co. $174,000.00 Negus - Sons, Inc. $476,000.00 The Finance Department is authorized to pay the cost of S.P. 96-10,Northeast Precinct Demolition and Site Pre-grading, 30th and Taylor Streets, from the 1992 Public Facilities Bond Fund No. 317. 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 is City policy,the Human Relations Director will continue to review the contractor to ensure compliance with the Contract Compliance Ordinance. • Honorable President and Members of the City Council Page 2 The Planning and Finance Departments re commend acceptance of the low bid from Anderson Excavating and Wrecking Co. in the amount of$174,000.00 for S.P. 96-10, being the lowest and best bid received, and request your consideration and approval of this Resolution. Respectfully submitted, Approved: 11 Jef y . Jo son, Director Planning Director Jo ackett, Public Safety Approved as to Funding Approved: • ouis D'Ercole, Acting Director � eorge . Da is, r. Acting Director Finance Department Human lations Department 94-96 Referred to City Council for Consideration: Mayor's Office/Title P:\PLN 1\4464.SKZ 1 I w ((/1!llll!!!!!!J1.1.�1.1...r.!!ll.1.lJ!JI.../.11.,./!!-rll!!!!!J!�.1.../.11lJl./!lJ!!.l✓!!!l./!! !!!./!lllll- 1 l - 11 s CITY of OMAHA ti PUBLIC WORKS DEPARTMENT %%'\ CONTRACT DOCUMENTS AND SPECIAL PROVISIONS , / , , Special i a l Project 9(a H o P No. Now1 , r i' -m- cn-ritk ki---Ntt_ot2. s-paienris Vankou-piN 0~ si.-re. fiats6,04440414. Bids received until 11:00 o'clock A.M.V7n`{ ) 199(_ Contract Aw d- _ 19GW Resolution N . leo-2_ Contractor; 4,, ' P S 9.72 V/.rlrlJJ!../.1.1111..11!!✓!J!!!!JIl!!./!!�!.l_rr./J!111..././Y!!!!!!!!!lJ-/!!!J!!l!_/l !./!_/I!!1 .� "Zs, NOTICE TO BIDDERS Sealed Proposals will be received by the City of Omaha, at the Office of Mary Galligan Cornett, City Clerk, L/C 1 , Omaha/Douglas Civic Center, until 11:00 a.m. on the 3fs*9day of 0-ut._LI for the construction of S L 6:7 ""I d being Or4f\o -��' k"rA`-4 2. S 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 Construc- tion of S'IP -w the bidder's name and the bidder's address; and filed with the City Clerk at the Office of Mary Galligan Cornett, L/C 1 , Omaha/Douglas Civic Center 68183. Proposals must be based upon the Plans and Specifications for the work bid upon as prepared by the City Engineer and filed in his office. Bidders should familiarize themselves with the work herein contemplated by personally visiting the location of the work, in order that the true spirit and intent of the Plans and Specifications may be fulfilled. No bidder may submit more than one Proposal, 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. NB-la 9/86 �• P ACCEPTANCE AND REJECTION OF BIDS Bids will be compared on the basisof unit bid prices and the schedule of prices on file in the Office of the City Engineer. The lowest bid will be deter- mined on the basis of the total cost. 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.** 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 desig- nation 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. Interpreta- tion of the proposed contract documents will be made only by addendum. A copy of each adden- dum 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 con- ditions 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 struc- tures 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. 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 allow- able time set forth in the Proposal. In this connection, attention is directed to the Special Provisions and the Standard Specifications for Public Works Construction, 1989 Edition, of the City of Omaha relative to delays, extensions of time and liquidated damages. NB-2a 10/89 t . 7 `. SATE 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 Only the bids of contractors qualified to do business in the State of Nebraska will be considered; all as required by Nebraska State Statutes and amend- ments 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 pay- ment 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). SURETY The surety on the Contract and the Performance, Payment and Guarantee Bond shall be a duly authorized surety company, licensed to do business in the State of Nebraska, satisfactory to the City of Omaha. No surety company will be acceptable as bondsman that has no permanent agent or representative in the City of Omaha, Nebraska, 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 may be concerned. Should the surety company acting as bondsman remove its permanent agent or representative from the City of Omaha, 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 PLANS AND SPECIFICATIONS Copies of the plans and specifications for use in preparing bids may be obtained from the Public Works Department, Room 631, Omaha/Douglas Civic Center 68183. The contractor to whom a contract is awarded will be furnished, without cost to him, seven (7) copies of the plans and specifications, together with all addenda thereto. Additional plans and specifications may be obtained from the City Engineer at cost. **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. • NB-3 2-86 • C s PROPOSAL for .1f 96, —10 • Omaha,Nebraska MJ L �j+ ( i I •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 N07riFnefejtAcT r;i2ka ulith ist tit= Fiite0.40046- #Tad L� s 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 plans, specifications and other contract documents, including Addenda Numbers One issued thereto for the base bid sum of ONE HUNDRED SEVENTY FOUR THOUSAND DOLLARS and NO CENTS ($ 174,000.00 s The undersigned further certifies that he has personally inspected the actual location of the work, together with the local sources of supply, and that he understands the conditions under which the work is to be performed, or that if he has not so inspected the site and conditions of the work, that he waives all right to plead any misunderstanding regarding the work required or conditions peculiar to the same. The undersigned understands that the "QUANTITY" called for in the "SCHEDULE OF PRICES" is subject to increase or decrease, and hereby proposes to perform all quantities of work, as increased or decreased, in accordance with the plans and the provisions of the specifications at the unit price bid. The following is the itemized proposal: • . P-1 2/72 • , • • • SCHEDULE OF PRICES • PROJECT S.P. 95z-10 -DESCRIPTION Northeast Precinct Demolition & Site Pregrading • • 30th & Taylor Streets TOTAL NO. ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE • 1. Complete site demolition & pregrading 174,000.00 with survey allowance. Davis Bacon Wage Rate shall apply to this project. L.Ss, 1 UNIT= PRICES FOR ITEM NO. 1, BELOW AS • NOTF:fl_' • Included as part of the base bid, but �' • nffared ns unit nricoa in the event that• quantity changes occur are the following . t me A. Overexcavation lBuilding Pad Area Only) ,C.Y. -- , 2.00 B. Imported earthwork (Building Pad Area On1y'C.Y. -- 4. 90 • C. Remove petroleum contaminated soil, • • • dispose & replace with clean fill & ,rompart_ COY, 20 25.00 D. Flowable Fill C.Y. 2 200.00 • F. Sampl P R. anal y7P Roil for petroleum • • contamination (By USEFA Method 418. 1 ) E.A. 2 290.00 ADMINISTRATIVE ITEM ONLY: Contractor shall state the price of 170,520.00 Item No. 1 above without the Davis Bacon Wage Rate. • • • TOTAL BASE BID • . (ITEM One INCLUSIVE) 174,000.00 n �'� • • • f > le • 'NA Gi y &f Ai ichgi itirm101 th9 succ ssful 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 product of QUANTITY and TOTAL UNIT PRICE with the TOTAL PRICE quoted in the proposal, the product of the QUANTITY and the TOTAL UNIT PRICE shall control. The undersigned hereby agrees to furnish the required bonds and to sign the contract within ten (10) calendar days from and after the acceptance of this proposal, and further agrees to begin and complete all work covered by the plans and specifications within the time limits set forth herein. Accompanying this proposal, as a guaranty that the undersigned will execute the contract agreement and furnish 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 $ ---5%--- FIVE PERCENT OF AMOUNT BID It is hereby agreed that in case of failure of the undersigned either to execute the contract agreement or to furnish satisfactory contract bond within ten (10) days after receipt of NOTICE TO AWARD, the amount of this proposal guaranty will be retained by the City of Omaha, Nebraska, as liquidated damages arising out of the failure of the undersigned either to execute the contract agreement or to furnish bonds as proposed. It is understood that in case the undersigned is not awarded the work, the proposal guaranty will be returned as provided in the specifications. The undersigned agrees to accomplish the work i c�((�r n iqQd of '�_working days and shall be prepared to begin no later than tJ LJL and to forfeit liquidated damages as set forth in Section 108. 8 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. • P-3 • 10/94 x If awarded the Contract,our Surety will be EMPLOYERS MUTUAL CASUALTY COMPANY (name of Surety Company) Of DES MOINES, IOWA 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: ANDERSON EXCAVATING CO. Name of Corporation Officer VIRGIL D. ANDERSON PRESIDENT Title ATTEST: "7-y1,0°'`t61 ^R- L- tness MAXINE D. LEAV • Business Address and Telephone No.: V 1824 South 20th Street V . Omaha, Nebraska 68108 - 402-345-8811 • • • P4 7/88 w .- • "CERTIFICATE" • A Corporate Contractor, in submitting this Proposal, hereby represents that the Corporation has complied with all Nebraska Statutory requirements, which are prerequisite to its being qualified to do business in the State of Nebraska, or that it will take all°steps necessary to so qualify,if the successful bidder. ANDERSON EXCAVATING CO. Name of C oration OffiVIRGIL D. ANDERSON PRESIDENT Title • • If Foreign Corporation: Nebraska Resident Agent • • • • 1. + ''` P-5 2/72 - TO-THE CITY OF OMAHA: 1 . is CERT1FICATe Undersigned hereby certifies that all equipment to be used by undersigned in the performance of the contract pertaining to the project for. .() -t0 NIL-114. awl FREse—ii.=r1 files 641440APJ 6 301# rtig4Lvt_ pt.sels and pursuant to Contract between undersigned and the City of Omaha has been assessed for taxation for the current year, except as to equipment acquired since the assessment date. Said equipment has been assessed in DOUGr.AS County NEBRASKA ' 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 of at the following approved and permitted locations(s): 13707 Calhoun Road The City must be informed of any additions or changes In such location(s). ANDERSON EXCAVATING CO. A NEBRASKA CORPORATION Contractors Name (Specify:Corporation, Partnership, or Individual) • By: S RESID NT ? (Title,specify:President, Partner, or Owner) VIRGIL D. ANDERSON • Attest • Secretary (if corporation) MAXINE D. LEAVER • STATE OF NEBRASKA ) , • ) ss• COUNTY OF DOUGLAS) VIRGIL D. ANDERSON and MAXINE D. LEAVER being first duly sworn on oath depose and say that they are President and Secretary, respectively, of ANDERSON EXCAVATING CO. a NEBRASKA CORPORATION ;that they have read the foregoing Certificate, know its contents, and the same are true. SUBSCRIBED and sworn to before me this 3rd day of July , A.D., 19 aei. `) My Commission Expires I aQ 1 aficci tary Public • iENERAI NOiAR�-Sbb;of NebfUh 02/91/5343S DEBRA J.MILLER *Corn.bp.ADM 29,2000 CONTRACT THIS CONTRACT is made and entered into in TRIPLICATE by and between the City of Omaha, a Municipal Corporation of the Metropolitan Class in Nebraska, hereinafter called City, and AndPrsnn Ex_cavai-ina Co.. A Nebraska Corp 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 sipci 4„ .1 0 Noi2TW- ePesejtaerr 19e7Pot-ii it4 k:XserdeAr)//i4 42-s-s1 k 114%-ems 0-eels also referred to hereinafter as work, in accordance with the terms and provisions hereof and subject to the quantity provisions in the accepted Proposal of Contractor for the sum of ONE HUNDRED SEVENTY FOUR THOUSAND DOLLARS AND NO CENTS ($ 174,000.00) under penalty of Performance, Payment and Guarantee Bond. 2. Contractor shall conform with the applicable Plans and Specifications, 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 Plans, Specifications and Provisions herein referred to. 4. The City agrees to pay the Contractor in accordance with the provisions of the Plans and Specifications, 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. C-1 10/94 6. Contractor does hereby state, warrant and covenant that he or it has Snot 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 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. 9. 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 Standard Specifications for Public Works Construction, 1989 Edition, for further details. 10. 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. 11. 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. C-2 . 8/93 ' 12. Contractor shall procure a policy, or policies, or insurance which shall guarantee pay- • ment of compensation according to the Workmen's Compensation Laws of Nebraska for all work- men 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. 13. 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. 14. 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. 15. 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. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City Charter to approve immediate purchases. • C-3 1/86 • , Dated at Omaha, Nebraska this 26 'day of �* , 199 ATTEST: CITY OF OMAHA, A MUNICIPAL CORPORATION By Ad a ity erk Mayor ��✓C- Ordinance/Resolution No. PAZ-- passed on SEAL OF THE CITY OF OMAHA: ETU($1 2 5 , 191(e7 • Anderson Excavating Co. • Contractor 1824 South 20th Street St reet Addresss Omaha Nebraska 68108 ATTEST: City State Zip Code Secretary of (Corporate) Contractor By Virgi D. Anderson CORPORATE SEAL: Title:President STIPULATIONS: CORPORATE CONTRACTOR: (1) Attach certified copy of resolution authorizing execution of this Contracts (2) Submit certificate showing corporation is qual- ified to do business in Nebraska. NON-CORPORATE CONTRACTOR: State Identity: Sole Owner(s); Partnership. If a Partnership, state names and addresses of all partners and a "general partner" must execute. • C-4 1/86 PERFORMANCE,.PAYMENT'AND 'GUARANTEE BOND KNOW ALL MEN EY THESE PRESENTS: That we ANDERSON EXCAVATING COMPANY brrei.fter called principal,and EMPLOYERS MUTUAL CASUALTY COMPANY hereinafter called Surety, are held and firmly bound to the City of Omaha and hereby • jointly and severally bind ourselves. executors, sAtirtimistrators, personal representative, successors, and assigns to the City of Omaha, a Municipal Corporation of the ' • Metropolitan Class in the State of Nehr.ukz, hereinafter called City, in the penal sum of One Hundred Seventy Four Thousand and no/100 Dollars ($ 174 ,000 .00 )lawful money of the United States of Amerir , to be paid to the City for the payment whereof the Principal and Surety hold themselves, their hairs, executors, administrators, personal representatives, succeasots and assigns jointly and severally by these preants. I � WHEREAS, The Principal is about to enter, or has entered, into a written Contract with the City for the construction by the Principal of_Ran/Ad:ell fir„_ .._ ' -' '�'�LhOtem ..�____---- • also referred to as Project wasu,--- io Y , which Contract is made a part hereof by reference thereto the mime as though fully set forth herein; NOW,TIMIttFORE,the conditions of this obligation axe such that: FIRST!. If the Principal shall faithfully perform the Contract on his or its part, shall satisfy all claims and demands incurred for the same,shall fully indemnify and save harmless the City from all cot and damage which said City may suffer by season of failure so to do,and Shall fully reinburse aatrl repay said City all outlay and expense which • said City may incur in making good any such default; and, 13.1 4/73 SECOND: The Principal shalt indemnity and Nave harmless the City of ornsb2i,its officers, employees, and agents from all cinias. nut:, or actions of every kind and character made upon or brought against the :Aid City of Omaha, its officers, employees and agents, for or on account cf any injwies and damages received or sustained by any party or parties by or from the acts or omissions of the said Contractor or his or its servants, agents. and subcontractors, in performing under said Contract, of by or, in consequence, or by or on account of any act or omission of said Cont actor or his or Its servants, agents, and subcontractors, and also, from all<:lairt.s of damage for infringement of any patent in fulfilling said dontract;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 snachanics for labor this shall be performed, for the payment of all material and equipment Punished, 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 cot 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 Ouszha under the specifications of the Contract of which this is a part hereof, shall be guaranteed a8 hereinafter more specifically art forth for the full number of years specified as set forth below_ The term of guarantee shall be dated front.he date of acceptance and as regards the respeethe - projects shall be no less than the following: a. Permanent Paving Project; 2 years b. Sewer Projects Zyeani c. Street Resurfacing Projects . . 2 years d. Seal Coating Application Projects 1 year e. Sidewalk Projects 2 years f. Traffic Signals 2 years g. Bridges &.Structures 2 years h. Seeding er Sodding 1 year B-2 9/83 • The Principal hereby binds himself and his!loin; and assigns for the entire expense of the guarantee and for all repairs or recan.truetion 'which may,from any imperfection in the said work or material, become necessarf within the term of guarantee. The Prindpel further agrees to correct and repair nrcmptly during that time all failures of whatsoever description and all settlements' and irregularities of trenches, sidewalks, Paving. other surfacing. suers, drains or other stryctures caused by any invert ection in his workmanship or material and shall deliver the work in all respects in good condition at the end of that time; It, at any dme within the period of guarantee after the cotnspletion and acceptance of the work contract for, the work shall, in the judgment of the Engineer, require such repairs of reconstruction.ae above ,:et 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 hest; and the cost thereof shall be paid by the Principal or his sureties; Then this nbligaticn shall be null and veil: otherwise it shall remain in frill force and effecter • • 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 o the Principal in which to perform the Contract 2. To any change in the Plans, SpeciEcations et Contract, 'Such the does not involve an increase of more than twenty percent (20%) Contract Price. and shall then be released only as to such excel increase- 3. That no provision of this Hord or of any other.contract shall be valid which tituits to lean 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 rime such work was accepted. • • B-3 9033 i __ SIGNED AND SEALED TI3Is 30 DAY OF July A.D.. 19 96 IN PRESENCE OF: ANDERSON EXCAVATING COMPANY Nincipid • e* Patricia A. Anderson - � Anderson Excavating Co. • By 1824 South 20th Stree, Maxine D. Leaver Aare= Omaha, Nebraska 68108 Tine: Vice Zr 5—rleLlt,L.SP t--=Yy COUNTERSIGNED: (Attach Co poste Resolution of Principal Authorizing F.xacution) II_II Agent. . . Jeannene McCrea EMPLOYERS NIUTU2V rAst1gr.Ty crripANY. Surety Quinn Insurance , Inc . Company Dame • • • 12335 Gold Street • Adds eee By ttamey.t- uct)* Jeannene McCrea Omaha , NE 68144 tgy Stale Zip • ._..� APPROVED AS TO FORMt *Instruction: 'Type names of persons undersigustue of each. • • • • B-4 '4r73 • NEBRASKA STATUTORY RIDER The State,of Nebraska Code,Section 44-4040 requires the name-of the soliciting agent and the name and address of-the agency to be shown on each policy/bond issued by a Nebraska Agent or for any policy/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: CHARLES v_ DARR Name of Insurance Agency represented by the soliciting agent: QUINN INSURANCE, INC_ Address of Agency: 12335 GOLD STREET (street) OMAHA NEBRASKA 68144 • City Gate ZIP A .copy of this rider should be attached to the original and all copies of any policy/bond issued. Form 11.7081 (Ed. 12-93) - - - ,THE FACE:OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER•BACK OF THIS DOCUMENT HAS A SIMULATED WATERMARK-HOLD AT AN ANGLE TO VIEW. EMC Insurance Companies P.O.Box712•Des Moines,Iowa 50303 NO. 5 97 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS,that: 1. Employers Mutual Casualty Company,an Iowa Corporation 4. Illinois Emcasco Insurance Company,an Illinois Corporation 2.. Emcasco:Insurance Company,an Iowa Corporation .5 Dakota Fire Insurance Company,a North Dakota Corporation 3 Union Insurance Company of Providence,a Rhode Island Company. 6. American Liberty Insurance Company,an Alabama Corporation hereinafter referred to severalty as"Company"and collectively as"Companies";each does,by these presents,make,constitute and appoint JAMES 'M.::QUINN, CHARLES V. DARR, TIMOTHY QUINN, JEANNENE MCCREA, SHARON KAY CALL, SHARON K.— CLARY, WILLIAM L. CHRISTENSEN, KURT L. CHRISTENSEN, KRISTY, L. SIMONSEN, KRISTI K. DIXON,--- VIOLET J. KRUGER, INDIVIDUALLY, OMAHA, NEBRASKA its true and lawful attorney-in-fact,with full power and authority conferred to sign,seal,and execute its lawful bonds,undertakings,and other obligatory instruments of a similar nature as follows: •'' 'IN'AN AMOUNT NCT ,EXCELDING TEN MILLION: DOLLARS ($10,000,000.00) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 1997 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the second regularly scheduled meeting of each company duly called and held in 1990. • RESOLVED:The Chairman of the Board of Directors,the President any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to(1)appoint attorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and(2)to remove any such attorney-in-fact at any time and revoke the power and authority given to him.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and any such instrument executed by any such attomey-in-fact shall by fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall by fully and in all respects `,binding upon this company..,The facsimile or mechanically reproduced signature of,such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attorney the Company,shall be valid and binding upon the Company with the same force and affect as though manually affixed. IN LESS WHEREOF,Ncempanies have caused these presents to be signed for each by their officers as shown,and the Corporate seals to be hereto affixed this day of 19 Bruce G.Kelley,C airman PhilipTkeren,Senior Vice President Seals of Companies 4&6;Presid t of of Companies,3&5 Companies 1 &2 ,,,,,,,, [�A1� NEC ,0'', QqY �( vv+�ea.R•SL• O:1NSUgq • QA ir,�� F% ,,, ,. .. e"1 1' ,, , ,l�?F _ `�z '�``°otg,,, �; ,O:�L°PPOR.,,,,, (+� - onald L.Coughe ower, SEAL :$ +18fi3 = . „.5„ C_' Assistant Secretary z� �� = R I. , , . :cam;% as On this' $ oay of July AD 19 96 before me a Notary Public in �, N- = n ,,,,,,,,.` %�d and for Polk County, Iowa, personally appeared Bruce G. Kelley, Philip T. Van Ekeren,and • "• 1L;No;s , Donald L.Coughennower,who being by me duly sworn,did say that they are,and are known to me to be the Chairman, President, Senior Vice President, and Assistant Secretary, .``• •SURA/y� ,ouri.4, �,UTUAI respectively,of each of The Companies above;that the seals affixed to this instrument are the •n„r. Ep �F. „,,,,,, S ,,,,,,,,, yCr.`s OR4,;o= • ,s`PPONq;' � :s pPORq'4rG= seals of said corporations;that said instrument was signed and sealed on behalf of each of '=�' <° ' y i The Companies by authority of their respective Boards of Directors;and that the said Bruce G. SEAL X: SEAL = SEAL Kelley,Philip T.Van Ekeren,and Donald L.Coughennower acknowledge the execution of said 2 ° = :,�F'', , Q = instrument to be the voluntary act and deed of each of The Companies. /OWN Rrq`a�Rn '! OINES��,. My Commission Expires September 30,1997. VV .+a � RUTA KRUMINS ) MY COMMISSION EXPIRES �• SEPTEMBER 30, 1997 Notary Public CERTIFICATE I,David L.Hixenbaugh of the Employers Mutual Casualty Company,do hereby certify that the foregoing resolution of the Boards of Directors by each of The Companies,and this Power of Attorney issued pursuant thereto on July 8, 1996 • onbehaffof'James M. Quinn, Charles V. Darr, Timothy Quinn, Jeannene McCrea, Sharon Kay Call,-- are true and correct and are still in full force and effect. Sharon K. 'Clary, William L. Christensen, Kurt L. Christensen— In Testimony Whereof.I have subscribed my name and affixed the facsimile seal of each Company this 30 day of July 19 9 0 Kristy .L.. Simonsen, Kri.sti K. D' n Vio et•J. Kruger Vice-President `� — Form 7832(11/95) "For verification of the authenticity of the Power of Attorney you may call (515)280-2689." CERTIFICATE OF INSURANCE DATE: 08/08/96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW JP INSURANCE ASSOCIATES COMPANIES AFFORDING COVERAGE 5010 Center OMAHA,NE 68106 COMPANY A NATIONAL UNION FIRE INSURANCE COMPANY LETTER COMPANY B RELIANCE NATIONAL INDEMITY CONPANY INSURED LETTER ANDERSON EXCAVATING COMPANY COMPANY C RELIANCE NATIONAL INDEMITY COMPANY 1824 SOUTH 20TH STREET LETTER OMAHA, NE 68108 COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT 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. POLICY POLICY CO EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $2000 B IX) COMMERCIAL GENERAL LIABILITY SJ2667390 03/15/96 03/15/97 PRODUCTS-COMP/OPS AGGREGATE $1000 [X] [ ] CLAIMS MADE [X] OCCURRENCE PERSONAL &ADVERTISING INJURY $1000 [X] OWNER'S & CONTRACTORS PROTECTIVE EACH OCCURRENCE $1000 [X] FIRE DAMAGE (ANY ONE FIRE) $50 [X] MEDICAL EXPENSE(ANY ONE PERSON)$5 AUTOMOBILE LIABILITY CSL $ [ ] ANY AUTO [ ] ALL OWNED AUTOS BODILY INJURY [ ] SCHEDULED AUTOS (PER PERSON) $ [ ] HIRED AUTOS [ ] NON-OWNED AUTOS BODILY INJURY [ ] GARAGE LIABILITY (PER ACCIDENT) $ [ ] PROPERTY DAMAGE $ C EXCESS LIABILITY SJ266274 03/15/96 03/15/97 EACH OCCURRENCE AGGREGATE [X] UMBRELLA FORM [ ] OTHER THAN UMBRELLA $4000 $4000 STATUTORY A WORKERS' COMPENSATION 5713126 02/01/96 02/01/97 AND I $500 (EACH ACCIDENT) EMPLOYERS' LIABILITY $500 (DISEASE-POLICY LIMIT) $500 (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS I . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- ADDITIONAL INSUREDS ARE PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVER TO MAIL CITY OF OMAHA 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 3015 TAYLOR LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR OMAHA, NEBRASKA 68105 LIABILITY OF ANY KIND U THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTN: GREG PETERSON AUTHORIZED REPRESENTATIV JAMES T. POLSEN I . C E F T I'F I CAT E OF INSURANCE DATE: 08/08/96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW JP INSURANCE ASSOCIATES COMPANIES AFFORDING COVERAGE 5010 Center OMAHA,NE 68106 COMPANY A COMMERCIAL UNDERWRITERS INSURANCE COMPANY LETTER COMPANY B NATIONAL UNION FIRE INSURANCE COMPANY OF PGH, PA INSURED LETTER ANDERSON EXCAVATING COMPANY COMPANY C 1824 SOUTH 20TH STREET LETTER OMAHA, NE 68108 COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT 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. POLICY POLICY CO EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $1000 A [ ] COMMERCIAL GENERAL LIABILITY LAA000008 02/01/96 02/01/97 PRODUCTS-COMP/OPS AGGREGATE $INC [ ] [ ] CLAIMS MADE [ ] OCCURRENCE PERSONAL & ADVERTISING INJURY $1000 [ ] OWNER'S & CONTRACTORS PROTECTIVE EACH OCCURRENCE $1000 [X] ASBESTOS LIABILITY FIRE DAMAGE (ANY ONE FIRE) $50 [ ] MEDICAL EXPENSE(ANY ONE PERSON)$1 AUTOMOBILE LIABILITY CSL $ [ ] ANY AUTO [ ] ALL OWNED AUTOS BODILY INJURY [ ] SCHEDULED AUTOS (PER PERSON) $ [ ] HIRED AUTOS [ ] NON-OWNED AUTOS BODILY INJURY [ ] GARAGE LIABILITY (PER ACCIDENT) $ [ ] PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE AGGREGATE [ ] UMBRELLA FORM [ 7 OTHER THAN UMBRELLA $ $ STATUTORY WORKERS' COMPENSATION AND $ (EACH ACCIDENT) EMPLOYERS' LIABILITY $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) OTHER B POLLUTION LEGAL LIABILITY CPL 7167480 01/01/96 01/01/97 1,000,000 EACH LOSS 2,000,000 TOTAL FOR ALL LOSSES DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- ADDITIONAL INSUREDS ARE PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVER TO MAIL CITY OF OMAHA 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 3015 TAYLOR LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR OMAHA, NEBRASKA 68105 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTN: GREG PETERSON AUTHORIZED REPRESENfi IVE JAMES T. POLSEN ��"G� • CL' R 'T'IFICATE OF INSURANCE DATE: 08/08/96 PRODUCER . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, QUINN INSURANCE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 12335 GOLD STREET COMPANIES AFFORDING COVERAGE OMAHA, NE 68144 COMPANY A MINNESOTA MUTUAL FIRE AND CASUALTY COMPANY LETTER COMPANY B INSURED LETTER ANDERSON EXCAVATING COMPANY COMPANY C 1824 SOUTH 20TH STREET LETTER OMAHA, NE 68108 COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT 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. POLICYTIV POLICY CO EFFECE EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ [ ] COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ [ ] [ ] CLAIMS MADE [ ] OCCURRENCE PERSONAL & ADVERTISING INJURY $ [ ] OWNER'S & CONTRACTORS PROTECTIVE EACH OCCURRENCE $ [ ] FIRE DAMAGE (ANY ONE FIRE) $ [ ] MEDICAL EXPENSE(ANY ONE PERSON)$ AUTOMOBILE LIABILITY CSL $1000 A [ ] ANY AUTO 931462 01/01/96 01/01/97 [X] ALL OWNED AUTOS BODILY INJURY [X) SCHEDULED AUTOS (PER PERSON) $ [X] HIRED AUTOS [X] NON-OWNED AUTOS BODILY INJURY [ ] GARAGE LIABILITY (PER ACCIDENT) $ [ ] PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE AGGREGATE [ ] UMBRELLA FORM [ ] OTHER THAN UMBRELLA $ $ STATUTORY WORKERS' COMPENSATION AND $ (EACH ACCIDENT) EMPLOYERS' LIABILITY $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) OTHER • A EQUIPMENT 931462 01/01/96 01/01/97 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- ADDITIONAL INSUREDS ARE PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVER TO MAIL CITY OF OMAHA 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 3015 TAYLOR LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR OMAHA, NEBRASKA 68105 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTN: GREG PETERSON AUTHORIZED REPRESENTATI l I CHARLES V. DARR in/1-10 LA/ / / . • CERTIFICATION I hereby certify that Division I (General Requirements) and Division II (Technical Provisions) , except for Section 02130 "ASBESTOS ABATEMENT" which is the City of Omaha Standard Specification for Asbestos Abatement, have been prepared by me or under my direct personal supervision and that I am a duly Registered Professional Engineer under the laws of the State of Nebraska 40ESS/000000000p"•. .••��d•'• ° otrAs*to �'/ it • e ROBERT G. ° ti :12: GRIFFIN • e sue; E-sue ;�' '. ••• v ••` �, ;;4%°°° ''///4/7// SIGNATURE DATE My registration expiration date is December 31, 1996 , DIVISION I - GENERAL REQUIREMENTS Section 1000 Administrative Provisions Section 1150 Measurement and Payment Section 1200 Project Meetings Section 1300 Submittals Section 1400 Quality Control Section 1500 Construction Facilities and Temporary Controls Section 1700 Project Closeout C> , SECTION 1000 - ADMINISTRATIVE PROVISIONS SUMMARY OF WORK The Contract for Demolition and Site Pregrading for the Northeast Precinct, 30th & Taylor Streets, Omaha, Nebraska, includes all material, labor, tools, expendable equipment, construction equipment and machinery, utility and transportation services, and all incidental items necessary to perform and complete, in a workmanlike manner, the Work required. SCOPE OF WORK The Scope of Work for Demolition and Site Pregrading for the Northeast Precinct, 30th & Taylor Streets, Omaha, Nebraska, includes the complete demolition, pregrading and other miscellaneous features as shown on the Drawings and described in the Specifications and Contract Documents . REFERENCE STANDARDS For products specified by association or trade standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes . Obtain copies of standards when required by Contract Documents . Maintain copy at jobsite during progress of the specific Work. COORDINATION Coordinate Work of the various sections of Specifications to assure efficient and orderly sequence of installation of construction elements, with provisions for accommodation items installed later. The Contractor shall coordinate and schedule his work with the Engineer such that there will be minimum disruption of the normal operations of existing facilities . WORK ON WEEKENDS AND HOLIDAYS No Work shall be performed on weekends or holidays except as may be required for strictly emergency work, or for protection of property and work required in these Specifications . This ADMINISTRATIVE PROVISIONS - 1000 1 requirement is provided to avoid disturbance to the public or any individuals on these days . If Work must be performed on weekends or holidays, permission must be obtained from both the Owner and Engineer. CONSTRUCTION RIGHT-OF-WAY The Contractor shall confine all construction operations to the immediate vicinity of the Work shown on the Drawings . Contractor shall exercise care in placing construction equipment, tools, excavated materials, and materials and supplies on the right-of- way, property, or easement area to cause the least possible damage to property and interference with traffic. Contractor shall be responsible for damage to turf and other property outside the boundaries of the right-of-way, property and easement areas and shall make satisfactory settlement with the Owner if any damage occurs . In the event the Contractor desires to use and occupy land outside the right-of-way, property, or easement areas, he shall obtain written consent from the affected property owner. NOTICE TO UTILITY COMPANIES AND PROPERTY OWNERS The Contractor shall give at least 48 hours notice to all affected utility companies and property owners whose utility or service may be adjacent to, crossed by, or disrupted due to the operations of the Contractor performing the Work. The following utility companies and departments may be affected: City Water and Sewer Departments Omaha Public Power District (O. P.P.D. ) Metropolitan Utilities District (M.U.D. ) -Water & Gas U.S . West Telephone Company City of Omaha, Public Works Department - Street and Sewer Departments SURVEYING ALLOWANCE The Contractor shall allow Two Thousand Five Hundred Dollars ($2500 . 00) for Site Layout/Staking as specified in Section 1500, "CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS, " and shall include this amount in his Bid Price . ADMINISTRATIVE PROVISIONS - 1000 2 QUALITY CONTROL TESTING All Quality Control Testing shall be paid for directly by the Owner, with the exception of failing tests . Failing tests shall be paid for by the Contractor, and will not be reimbursed by the Engineer or the Owner. Refer to Section 1400, "QUALITY CONTROL, " for additional information. APPLICATIONS FOR PAYMENTS The Application for Payment shall be prepared and signed by the Contractor on blank forms provided by the Engineer. Submittal of the Application for Payment shall be made in triplicate. Upon review and recommendation by the Engineer, the Owner shall approve payment to the Contractor of ninety percent (90%) of the value of labor and materials incorporated in the Work and ninety percent (90%) of the materials suitably stored, such payment to be made within thirty (30) days after the recommendation of the Engineer. Upon substantial completion, the Owner shall pay an amount sufficient to increase total payments to Contractor to ninety- five (95%) of the Contract Price, less such amounts as Engineer shall determine . Upon completion, final inspection and acceptance of the Work, the Owner shall pay to the Contractor the remainder of the Contract Price as recommended by the Engineer. ADMINISTRATIVE PROVISIONS - 1000 3 • SECTION 1150 - MEASUREMENT AND PAYMENT CHANGE OF CONTRACT PRICE. The Contract Price shall only be changed by a Change Order. The value of any Work not, covered in the Contract Documents shall be mutually agreed upon, and a Change Order prepared. SCOPE OF PAYMENT The Contractor shall accept the compensation as herein provided, in full payment for furnishing all materials, labor, tools, equipment, and incidentals necessary to complete the Work as Lump Sum Price . Such compensation shall also include Contractor' s responsibilities in fulfilling the obligations contained, contemplated, and embraced under the Contract, including loss or damage arising from the nature of the Work. Such compensation shall also include Contractor' s responsibilities concerning all risks of every description connected with the prosecution of the Work, for all expenses incurred in consequence of the suspension or discontinuance of the Work for any infringement of patent, trademark, or copyright, and for completing the Work in accordance with the intent of the Drawings, Specifications, and Contract Documents. UNIT PRICES The Contractor shall furnish, in addition to the lump sum bid, unit prices as requested on sheet P-2 . Said items shall be included within his Lump Sum Bid. The Imported Earthwork Unit Price will be used to establish a change order value, only if unforseen conditions are encountered or if the building overexcavation area designated is increased or decreased, which will require a change in the amount of imported earthwork. The Remove Petroleum Contaminated Soil Unit Price shall be based upon an estimated quantity of 20 cubic yards of contaminated soil removal, disposal and backfill with clean material . The Flowable Fill Unit Price shall be based upon an estimated quantity of 1 . 5 cubic yards . MEASUREMENT AND PAYMENT - 1150 1 • • • The Sample and Analyze Soil for Petroleum Contamination Unit Price shall be based upon two (2) samples . All of the above unit price items will be field measured and verified, and a change order will be issued, in accordance with the specifications, to adjust the Contractor' s Lump Sum Bid. MEASUREMENT AND PAYMENT - 1150 2 SECTION 1200 - PROJECT MEETINGS PRE CONSTRUCTION CONFERENCE A Preconstruction Conference will be held after the Contract is executed, but before the Contractor begins the Work. The Conference will be to review the Project, discuss and clarify administration procedures and requirements under which the construction operations are to proceed, and to establish a working understanding among the parties involved in the Work. The Owner, Contractor(s) and Engineer shall attend the Preconstruction Conference . The Engineer will notify the General Contractor of the date, time, and location of the Conference . PROGRESS MEETINGS Progress Meetings shall be scheduled and held as the need arises throughout the execution of the Work. PROJECT MEETINGS - 1200 1 SECTION 1300 - SUBMITTALS BONDS Contractor shall submit Performance and Payment Bonds at the time of delivery of the executed Contract to the Engineer. INSURANCE CERTIFICATES Contractor shall submit a Certificate of Insurance at the time of delivery of the executed Contract to the Engineer. CONSTRUCTION SCHEDULE Contractor shall submit a Construction Schedule to the Engineer within five (5) working days after receiving the Notice of Award. The content of the Schedule shall include the following: 1 . Work sequence . 2 . Date of starting and completing each part of the Work. 3 . Coordination requirements, including delivery of material, as well as necessary coordination between other Work schedules . 4 . Name of job superintendent and/or job foreman. LIST OF SUBCONTRACTORS AND MATERIAL SUPPLIES Contractor shall submit a list of Subcontractors and Material Suppliers at the time of delivery of the executed Agreement to the Engineer. TESTING REPORTS Contractor shall submit all testing reports to the Engineer immediately after the testing reports are prepared and/or received by the Contractor from the Testing Laboratory. SUBMITTALS - 1300 1 6 Testing reports shall include, but are not necessarily limited to, the following: Compaction Density Concrete Tests APPLICATION FOR PAYMENT Contractor shall submit all Applications of Payment in accordance with Section 1000, "ADMINISTRATIVE PROVISIONS . " • SUBMITTALS - 1300 2 SECTION 1400 - OUALITY CONTROL TESTING LABORATORY SERVICES: The Owner shall select a competent Testing Laboratory to perform the necessary quality control tests specified in these Contract Documents . The Testing Laboratory shall perform all testing required for the Project . SAMPLING AND TESTING: All sampling and testing shall be performed by the Testing Laboratory' s authorized representative. The location from which the samples were taken and tests performed shall be recorded and noted in the test report . TESTING REPORTS : Testing Reports shall be made in triplicate with two copies sent directly to the Engineer and one copy to the Contractor. In addition, a copy of any concrete test reports shall be sent to the concrete producer. PAYMENTS FOR TESTING SERVICES : Payments to the Testing Laboratories for services included in these Contract Documents shall be made directly by the Owner. Payments shall not be made for tests which fail to meet the standards specified. The costs of failed tests shall be paid for by the Contractor, not by the Engineer, and at no additional expense to either the Engineer or the Owner. TESTS REQUIRED: Tests are required as specified in the City of Omaha Standard Specifications for Public Works Construction 1989 Edition and current revisions, and as modified by these Contract Documents . The Engineer and Testing Laboratory shall be responsible for determining the actual location and timing of all quality control tests . However, the Contractor shall be responsible for notifying the Testing Laboratory in advance of when tests will be required, in order to allow sufficient time to schedule testing. QUALITY CONTROL - 1400 1 SECTION 1500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS TEMPORARY FACILITIES : Contractor shall obtain and pay for all temporary facilities and services which may be necessary for prosecution of the Work, including, but not limited to, water, power, fuel, light, heat, telephone, and sanitary facilities . FENCES , GATES, AND BARRICADES : Contractor shall provide barriers, as required, to prevent public entry to construction areas and to protect existing facilities and adjacent properties from damage from construction operations . PROTECTION OF UTILITIES : Contractor shall exercise every precaution to avoid damage to existing utilities and appurtenances including, but not limited to, telephone lines, cable television lines, gas mains, power cables, water mains, sewer mains, service lines, sidewalks, driveways, drainage structures, fences, mailboxes, trees, turf, and playground equipment . Contractor shall locate or have located by the respective utility company all underground utility lines with detection equipment well in advance of beginning Work. ENGINEER' S SITE LAYOUT/STAKING ALLOWANCE: The Contractor shall allow Two Thousand Five Hundred Dollars ($2500 . 00) for site layout and staking, and shall include this amount in his Bid. The work shall be performed by Ehrhart Griffin and Associates, Civil Engineers and Surveyors . Their layout work will include layout and staking for initial control, sanitary sewer layout, and paving/curbing layout . Payments shall be made for site layout and staking by the Contractor, who shall forward all receipts for payment to the Engineer. The Contractor will be reimbursed from the Site Layout Allowance . Adjustments will be made on the basis of receipts for payment received by the Engineer. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS - 1500 1 The Contractor shall notify the Engineer when seventy-five percent (75%) of the Site Layout Allowance has been expended, so coordinated efforts can take place between the Contractor and the Engineer to avoid a Site Layout Allowance overrun. It is the intent that this Allowance will cover required site layout and staking work one time only. Any re-working of the layout, or re-staking shall be the responsibility of the Contractor. DRAINAGE : Contractor shall take steps to maintain all natural surface and subsurface drainage during construction so as to prevent ponding of surface water or saturation of the subsurface soil . Do not discharge water onto private property. STORAGE OF MATERIALS AND EOUIPMENT: Contractor shall store materials and equipment neatly in an area or areas approved by the Owner and Engineer. TRAFFIC CONTROL: All traffic control devices shall be in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways, U. S . Department of Transportation, Federal Highway Administration. Traffic control on or near City streets shall be as described in Sections 107 . 07 and 107 . 08 of the City of Omaha Standard Specifications for Public Works Construction, 1981 Edition. Contractor shall make every effort to maintain the best possible flow of traffic during construction. Contractor shall closely coordinate his work schedule with the Owner and Engineer to avoid confusion and disruption of normal traffic patterns . Should it become necessary to close any street, road, drive, or highway, notify the Owner and Engineer at least 48 hours in advance so that alternative traffic patterns and detours can be developed. Closing of the sidewalk or any traffic lane, blocking traffic, or otherwise changing traffic routes shall be for as short a time period as possible. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS - 1500 2 All Work performed by the Contractor, which necessitates the closing or blocking of a sidewalk, street, road, drive, or highway, shall be completed quickly and efficiently and shall not be halted until completed. The Contractor shall not proceed to other areas of the Project until Work in the immediate area is completed and the sidewalk, street, road, drive, or highway is reopened. When blocking traffic lanes or closing any sidewalk, street, road, drive, or highway, the Contractor shall furnish, erect, and maintain all traffic control devices, including barriers, cones, signs, markings, and flagmen (if required) . In the event that private driveway must be closed or blocked to permit construction, provide a means of access to the private property owner. If necessary, provide advance notice to the owner so that vehicles may be moved into the street prior to the construction work. Complete all Work, repair the surfacing, and reopen the driveway as quickly as possible. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS - 1500 3 SECTION 1700 - CONTRACT CLOSEOUT CLOSEOUT PROCEDURES AND FINAL APPLICATION FOR PAYMENT Contractor shall comply with all procedures stated in the City of Omaha Standard Specifications for Acceptance and Final Payment . The Owner and Engineer will issue a final Change Order reflecting approved adjustments to the Contract Price not previously made by Change Order. FINAL CLEANING: Perform all cleaning prior to final inspection. Clean site; sweep paved areas, rake clean other surfaces . Remove waste and surplus materials, rubbish, and construction facilities from the Project and from the site. CONSENT OF SURETY COMPANY TO FINAL PAYMENT: Contractor shall submit a Consent of Surety Company to Final Payment to the Engineer at the time of submission of the Final Application for Payment . PAYMENT ASSURANCES : Contractor shall submit signed lien waivers from all material suppliers and Subcontractors at the time of submission of the Final Application for Payment . In addition, the Contractor may be required to submit an affidavit of Payment of All Debts and Claims . CONTRACT CLOSEOUT - 1700 1 1 DIVISION II - TECHNICAL PROVISIONS Section 2100 Site Preparation Section 2110 Clearing and Grubbing Section 2120 Demolition Section 2130 Asbestos Abatement Section 2140 Fuel Oil Storage Tank and Piping Removal Section 2200 Site Pregrading SECTION 2100 - SITE PREPARATION PART 1 - GENERAL RELATED WORK SPECIFIED ELSEWHERE Clearing and Grubbing Section 2110 Site Pregrading Section 2200 Surface Restoration Section 2900 PART 2 - PRODUCTS PART 3 - EXECUTION GENERAL SITE PREPARATION Keep project site free from drainage ponding due to construction operations during progress of Work. Make arrangements for disposal of all water and sewage received on the site from temporary connections or stoppages . Do not discharge any water or sewage onto private property outside the construction right-of-way. Strip top soil and separately store to provide depth of top soil replacement as specified. Remove and store obstructions such as culvert pipe, signs, and fences for replacement upon completion of construction. Provide temporary fencing if necessary to prevent accidents until permanent fencing is restored. EXISTING UTILITIES Contractor is responsible for liaison with utility companies and for repairing utilities and services which are not in direct conflict with the Work, and is responsible for damage during construction at no expense to the Owner, unless indicated otherwise on the Drawings . SITE PREPARATION - 2100 1 • Utilities shown on drawings, in direct line and grade, which conflict with the Work, shall be relocated by others at no expense to the Contractor, unless indicated otherwise on the Drawings . For utilities not shown on the Drawings and which are in direct conflict with the Work, the Contractor shall notify the Engineer of the conflict . When directed, the Contractor shall perform the Work. The Contractor shall be entitled to payment for any extra work in accordance with the General Conditions . Utility removal . Before the Contractor begins Work, he shall confer with the owners of any underground or overhead utilities which may be on or in close proximity to the Work areas and shall arrange for the necessary disconnection of the utilities in accordance with the utility company regulations . The utility company or owner of the utility shall perform the work of removing, repairing, reconditioning, or revising the utility unless otherwise specified or indicated on the Drawings . The Contractor shall cooperate with the utility companies so that Work can be expedited to the best interests of all concerned. TREE REMOVAL Tree removal shall consist of all trees not designated as existing to remain, to be saved or protected. All tree removal shall include removal of the stump and root ball . Fell , cut and remove trees together with down timber, stumps, roots, and brush. Backfill and dispose of debris . PAVEMENT REMOVAL Remove pay ment to a minimum of 1 ' - 0" from edge of trench. No undercutting will be permitted. Remove pavement on straight lines approximately parallel to the center line of the trench. Cut pavement and drives with a concrete saw full depth. Remove brick pavement in a uniform pattern. If removed bricks are not used in payment restoration, they shall become the property of the Owner. Store and place as designated by the Owner. SITE PREPARATION - 2100 2 • Remove asphalt pavement in the same manner as concrete pavement . Cut all edges neatly. Remove sidewalk pavement to the nearest joint . Remove seal coat and gravel surfaces neatly with an excavating machine. ACCESS TO STREETS AND HIGHWAYS Contractor shall maintain a suitable means of access for all traffic using streets and highways involved in construction, except as specifically permitted otherwise by the Owner and responsible governmental agencies . Notify Owner twenty-four (24) hours in advance of any street closure. Whenever construction is stopped due to inclement weather, on weekends and holidays, or for other reasons, suitable access shall be provided for all property owners . DISRUPTION OF UTILITY SERVICE Contractor shall maintain utility service to all property owners or customers of utilities throughout the construction period unless repairs or improvements are authorized. In the event of repairs, replacements or improvements to utility service lines, the Contractor shall give the property owner or customer 24-hour notice of the upcoming disruption. Disruption of service shall be for as brief a period as possible so as not to cause undue inconvenience to the affected property owner or customer. DEBRIS REMOVAL Contractor shall clear the site of all miscellaneous loose trash, rubbish and debris, regardless of type or nature. REMOVAL OF EXISTING STRUCTURES Remove structures regardless of materials of which they are SITE PREPARATION - 2100 3 • • constructed. Removal shall include sidewalks, steel, cast iron, concrete, rubbish, junk, wood, and miscellaneous items . DISPOSAL OF DEBRIS AND REFUSE Contractor shall dispose of surface materials, construction debris and trees in accordance with local ordinances and at a site approved by the Owner. Burning of refuse will not be permitted. END OF SECTION SITE PREPARATION - 2100 4 SECTION 2110 - CLEARING AND GRUBBING PART 1 - GENERAL RELATED WORK SPECIFIED ELSEWHERE Site Preparation Section 2100 Demolition Section 2120 Site Pregrading Section 2200 Surface Restoration Section 2900 Work covered under this section shall consist of clearing of site to the extent necessary for construction of the project . All stumps, dead trees, logs, down timber, brush, trees, shrubs, other herbaceous vegetation, and rubbish or trash, shall be removed from within the grading limits shown on the Drawings . Do not remove live trees, hedge, shrubs, or grass from beyond the grading limits, except as shown on the Drawings or designated by the Engineer. Work outside the grading limits shall be performed in a manner as to preclude injury or damage to live trees . PART 2 - PRODUCTS PART 3 - EXECUTION CONSTRUCTION METHODS General clearing and grubbing will consist of the removal and disposal of all trees and stumps, except as those shown to remain on the plans and will include the removal and disposal of all other objectionable material, such as logs and down timber, shrubs, hedges, brush, weeds, grass, other herbaceous vegetation, and rubbish or trash encountered within the grading limits and other areas shown on the Drawing or designated by the Engineer. All living trees or shrubs not located within the grading limits shall not be removed, injured or destroyed, except as otherwise shown on the Drawings or designated by the Engineer. CLEARING AND GRUBBING - 2110 1 • All stumps and stumps of trees removed including large roots, shall be removed completely. Except in areas to be excavated, stump holes and other holes from which obstructions are removed shall be backfilled with suitable material and compacted in accordance with these Specifications . All trees, within the grading limits which are not to be removed shall be carefully protected. All trees which are not shown as existing to remain within the limits of construction shall be removed, even if not specifically indicated on the Plans . REMOVAL AND DISPOSAL OF STRUCTURES AND OBSTRUCTIONS The contractor shall remove all discarded materials, rubble, rubbish, or debris from the project at his expense, and shall dispose of it in a manner satisfactory to the Engineer. Any such material not removed from the project site within twenty-four (24) hours following notification by the Engineer shall be removed by the Owner at the expense of the Contractor. The contractor shall„ at his own expense, mow all weeds within the construction limits of the project. He shall keep the weeds mowed in conformance with the requirements of applicable City ordinances and State laws . DISPOSAL OF MATERIAL All material resulting from clearing and grubbing Work shall be disposed of by the Contractor in approved landfill areas, in conformance with Federal, State and local laws and regulations . Prior to disposal , materials shall not be piled within the right- of-way of any alley, street, drive, road, walkway, drainage way or other public property unless so authorized by the Engineer. The Contractor may enter into agreements with adjacent landowners or other persons for the disposal of trees after they have been cleared. Such agreements shall be subject to the approval of the CLEARING AND GRUBBING - 2110 2 • Engineer. It shall be expressly understood that any such agreement will not, in any way, relieve the Contractor of full compliance with the conditions established in these Specifications . Disposal shall be in accordance with all Federal, State, and Local laws and regulations . END OF SECTION • CLEARING AND GRUBBING - 2110 3 SECTION 02120 - DEMOLITION PART 1 - GENERAL! RELATED WORK SPECIFIED ELSEWHERg Site Preparation Section 02100 Clearing and Grubbing Section 02110 Site Pregrading Section 02200 Surface Restoration Section 02900 SUMMARY Work covered under this section shall include the demolition and removal of buildings, structures and site improvements within the limits shown on the Drawings . Items to be demolished and removed include, but are not limited to, building, building contents, building foundations (including basement) , retaining walls, retaining wall foundations, loading dock, stairs, pavement, sidewalk, fence and utility lines. Work shall also consist of all necessary excavation, compaction, backfilling and compaction. DEFINITIONS Remove : Remove and legally dispose of all items, except those items indicated to remain the Owner' s property. Existing to Remain: Protect items indicated to remain against damage and soiling during demolition and follow-on procedures . Ownership : Except for items or materials indicated to remain the Owner' s property or to be reused, demolished items shall become the Contractor' s property and shall be removed from the site, with disposition at the Contractor' s option, as long as disposition is in accordance with Federal, state and local laws and regulations . DEMOLITION - 2120 1 1 1 1 REGULATORY COMPLIANCE Contractor shall comply with all Federal, state and local laws and regulations concerning all aspects of this Work. Contractor shall also provide a copy of all reports, manifests and other correspondence to the Engineer. PROJECT CONDITIONS Buildings to be demolished will be vacated prior to commencement of this Contract . Owner and Engineer assume no responsibility for the actual condition or contents of buildings, structures or improvements to be demolished. Asbestos abatement shall be completed and verified by the Engineer in accordance with Section 02130, "ASBESTOS ABATEMENT" prior to the commencement of demolition of the associated structure . The demolition schedule shall be submitted to and approved by the Engineer prior to commencement of on-site activities . SUBMITTALS Submit each item in this article according to the Conditions of Contract and Special Provisions, for information only, unless otherwise indicated. Proposed dust-control measures . Proposed noise-control measures . Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by demolition operations . Record drawings at Project closeout will be prepared by a Professional Surveyor hired by the Owner. Contractor shall provide the surveyor with locations of capped utilities and other subsurface structural, electrical or mechanical DEMOLITION - 2120 2 conditions . PART 2 - PRODUCTS PART 3 - EXECUTION EXAMINATION Contractor shall visit the site to familarize himself with the existing conditions . The drawings are intended as an aid to the contractor. Omissions on the drawings will not relieve the contractor from delivering a clean site to the Owner. Contractor shall survey existing conditions and correlate with requirements indicated to determine the extent of demolition required. POLLUTION CONTROLS Dust resulting from demolition work shall be controlled to prevent its spread and to avoid creation of a nuisance in surrounding areas . Water mist, temporary enclosures and other suitable methods shall be used to limit the spread of dust and dirt . The use of water may be permitted unless it results in, or creates, further hazard, such as ice, flooding, and pollution. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces, areas or streets. Clean adjacent surfaces, areas and streets of dust, dirt and debr is caused by demolition operations . Return adjacent areas to conditions existing before the start of demolition. PREPARATION Conduct demolition operations and remove debris to ensure minimum interference with roads, streets, walks and other adjacent or nearby facilities . DEMOLITION - 2120 3 Do not close or obstruct streets, walks or other adjacent facilities without permission from the Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways, as required. Conduct demolition operations to prevent injury to people and damage to adjacent and nearby facilities . Ensure safe pedestrian and vehicular passage around the demolition area. Protect existing to remain site improvements, structures and appurtences . The Owner will arrange for disconnecting and sealing indicated utilities serving the site before the start of demolition. Contractor shall verify disconnects prior to start of Work. The use of explosives will not be permitted. PROTECTION OF EXISTING WORK Contractor shall take all necessary precautions to ensure against damage to existing work which is to remain in place, to be reused, or to remain the property of the Owner. Repair of any damage to such work shall be the responsibility of the Contractor. Contractor shall be responsible for protection of all utilities not designated for removal and shall be responsible for all liaison with utility companies which may be affected by demolition work. Verify the location of all underground and above ground utilities prior to beginning Work. When utility lines or structures are encountered that are not indicated on the Drawings or which have not been prelocated by utility companies, notify the Engineer immediately. CONSTRUCTION METHODS All items that are shown in the Drawings to be removed shall be entirely removed to the limits shown. In removing pavement, walks and similar items where portions of such items are to be left in place, the removal shall be extended to an existing joint, or to DEMOLITION - 2120 4 the limits shown in the Drawings . When removing storm sewer pipes and area inlets, existing pipe connections that are to be abandoned shall be plugged, and abandoned pipes shall be filled with flowable fill concrete . BUILDING DEMOLITION Building Demolition: Demolish building completely and remove from the site . Use methods required to complete the Work within the limitations of governing regulations and as follows : Locate demolition equipment throughout the building and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing. Dispose of demolished items and materials promptly. On-site storage or sale of removed items is prohibited. Below-Grade Construction: Demolish slabs, foundation walls, footings and other below-grade construction, as follows : Completely remove below-grade construction, including, but not limited to, slabs, foundation walls and footings. Backfill : Backfill the site to elevations shown on plans with soil materials according to requirements specified in Section 02200, "SITE PREGRADING. " Damages : Promptly repair damages to adjacent facilities caused by demolition operations . BACKFIL_LING All trenches , holes, and pits resulting from the demolition work shall be backfilled and compacted to ninety-five percent (9596) of maximum dry density, as determined by ASTM D 698 . CLEANUP AND DISPOSAL Contractor shall remove all loose debris and rubbish from the premises . Care shall be taken to prevent spillage on adjacent DEMOLITION - 2120 5 streets and areas . Contractor shall promptly dispose of demolished materials and shall not allow demolished materials to accumulate on-site. Burning of demolished materials shall not be allowed. Demolished materials shall be transported off the Owner' s property and legally disposed of in a manner approved by the Engineer. END OF SECTION DEMOLITION - 2120 6 it I �i l SECTION 2130 - ASBESTOS ABATEMENT PART 1 - GENERAL Work covered under this section shall consist of the removal and disposal of all Asbestos Containing Materials (ACM) , pursuant to the State of Nebraska, Department of Health, Asbestos Control Program, in accordance with the State of Nebraska Law LB 1073 and all applicable Federal, state and local Regulations . All ACM shall become the responsibility of the Contractor. PART 2 - PRODUCTS PART 3 EXECUTION Furnish the City of Omaha Planning Department with copies of the state asbestos project notifications and state permits, including copies of all asbestos workers, inspectors and supervisor' s state licenses, including asbestos contractor' s licenses . The Contractor shall notify the City of Omaha for an inspection one (1) hour before completion of the asbestos removal. After the ACM has been removed and the City of Omaha has finalized the removal, the demolition permit may be applied for. Inspections can be scheduled Monday through Friday, 8 : 00 a.m. to 4 : 00 p.m. ASBESTOS ABATEMENT - 2130 1 SECTION 2140 - FUEL OIL STORAGE TANK AND PIPING REMOVAL PART 1 - GENERAL RELATED WORK SPECIFIED ELSEWHERE Demolition Section 2120 Site Pregrading Section 2200 Work covered under this section shall consist of the removal and disposal of one (1) above-ground Fuel Oil Storage Tank, its foundation, contents and any associated piping. It is expected that there is only one (1) pipe that runs from the Tank directly to the south side of the building, but this Specification covers removal of any fuel lines that may be encountered that are connected to this Tank. Removal and disposal of contaminated soil, as described herein, is also covered under this section. Contaminated soil shall be defined as soil that is contaminated by petroleum, according to the definition and methods prescribed by the Nebraska State Fire Marshal regulations (Title 159) . PART 2 - PRODUCTS PART 3 - EXECUTION GENERAL SITE PREPARATION Contractor shall ensure that the Tank is empty prior to demolition. If it is not, he shall remove its contents by whatever means necessary, so long as removal and disposal of contents is in compliance with Federal, state and local laws and regulations . Contractor shall be responsible for location (and re-location if necessary) of any utilities, structures, etc. that may conflict with the removal of the Tank and piping. REMOVAL AND DISPOSAL OF TANK AND PIPING Remove tank, foundation and all associated piping. Contractor FUEL OIL STORAGE TANK AND PIPING REMOVAL - 2140 1 4, 4 shall dispose of removed items in compliance with Federal, state and local laws and regulations, and certify to the Engineer the final disposition of the items and that the disposal was in compliance with said laws and regulations. Removal shall include miscellaneous and related appurtenances that may be encountered throughout the performance of this Work. SOIL REMOVAL AND DISPOSAL Generally, contaminated soil will not be removed. However, contaminated soil that is encountered within 20 ' of the south edge of the building shall be removed and properly disposed of in accordance with Federal, state and local laws and regulations . If suspect materials are encountered within 20 ' of the south edge of the building, the Engineer may direct the Contractor to sample and analyze up to two (2) soil samples for petroleum contamination by USEPA Analytical method 418 . 1. Other potentially contaminated soil that may be encountered during removal of the tank, its foundation and piping shall be carefully excavated and placed on plastic sheeting to prevent contamination of underlying soils . All contaminated soil, other than the exception noted above, shall be re-placed back into the excavation created by Tank, foundation and piping excavation. Additional backfill material and all aspects of excavation and backfilling shall comply with Section 02200, "SITE PREGRADING. " END OF SECTION FUEL OIL STORAGE TANK AND PIPING REMOVAL - 2140 2 � t SECTION 2200 - SITE PREGRADING PART 1 - GENERAL RELATED WORK SPECIFIED ELSEWHERE Site Preparation Section 02100 Clearing and Grubbing Section 02110 Demolition Section 02120 Surface Restoration Section 02900 Work covered under this section shall consist of the rough grading of the site to conform to the grades, lines and contours shown on the Drawings . The Work shall include all excavation, shaping and sloping of all cut areas; all placing, compacting, shaping and finishing of all embankments in fill areas necessary for the completion of all site and roadway pregrading; including subgrades, shoulders slopes, intersections, approaches, and entrances. Trench excavation and backfill for storm and sanitary sewer lines is also included. JOB CONDITIONS Contractor shall carefully maintain all bench marks, monuments, stakes, and other reference points and replace same if disturbed or destroyed. Contractor shall exercise extreme care to protect all existing underground and overhead utilities . Contractor shall be responsible for repairing all utilities damaged or destroyed during construction. Contractor shall protect trees, shrubs, lawns, and other features which are to remain after construction is completed. DEFINITIONS Suitable materials include material that is free of debris, roots, SITE PREGRADING - 2200 1 ) i r $ • organic matter, frozen matter, and which is free of stones with any dimension greater than three (3) inches. Unsuitable materials include all material that contains debris, roots, organic matter, frozen matter, stone (with any dimension greater than three (3) inches or other materials that are determined by the Engineer or Geotechnical Engineer as too wet or otherwise unsuitable for providing a stable subgrade. Degree of compaction required is expressed as a percentage of the maximum dry density as determined by ASTM D 698 (Standard Proctor) . Moisture content shall be adjusted to not more than four percent (40) below or four percent (4%) above optimum moisture content . PART 2 - PRODUCTS MATERIALS All fill and backfill materials shall be of suitable soil removed from the site which can be reused in the formation of embankment, subgrade, and shoulders . When unsuitable materials are encountered, the Contractor shall notify the Engineer, in accordance with the General Conditions. If directed by the Engineer, the Contractor shall excavate and replace with suitable material . Suitable material for backfill shall be obtained from excess material on the job site, or from off-site borrow as approved by the Engineer and Geotechnical Engineer. All areas currently covered with gravel shall be stripped to a depth of four (4) inches, and this stripped material may be used as the first lift in the building excavation. Off-site borrow material shall be a clean, inorganic silt or lean clay with a liquid limit less than 40 . Top soil shall be rich, fine and well drained material which has previously been stripped and stored on the site. SITE PREGRADING - 2200 2 a w I PART 3 - EXECUTION EQUIPMENT All equipment shall be adequate for the purpose for which it is to be used and shall be kept in satisfactory working order. Equipment shall be adequate to perform all stripping, excavation, hauling, placement of embankment, compaction, trimming, and shaping. STRIPPING Strip the entire area of the site of topsoil or to just below the topsoil strata. Do not strip topsoil when wet and do not allow topsoil to become mixed with subsoil . Deposit topsoil in storage piles in locations separate from other excavated material, free from roots, stones, and other deleterious material . Do not drive heavy equipment over stockpiled topsoil . EXCAVATION Excavate the site to the grade, lines, and contours shown on the Drawings . Do not excavate wet topsoil . If necessary, stockpile excavation for future use as embankment . Keep excavation areas free draining to prevent the accumulation of water. Shape and slope all excavation areas at completion of excavation work. All materials removed from excavation areas shall be used as far as practical in the formation of embankments, subgrades and shoulders and at such locations as directed by the Engineer. When materials are considered unsatisfactory for use in embankments, subgrades or shoulders, the Engineer will require that the material be excavated and replaced with suitable materials . Payment will not be made for re-excavation of any materials which is necessary for the Contractor to stockpile in the performance of other Work required on the Drawings or for any material which may be stockpiled to drain and dry before placement in the embankment . All excavations shall be performed to within a tolerance of 0 .2 SITE PREGRADING - 2200 3 rA 1 , s' feet from the lines, grade, and contours shown on the Drawings. EMBANKMENT Embankments shall be constructed of suitable material removed from excavation areas on the site, or from imported off-site borrow approved by the Geotechnical Engineer. Unsuitable materials as defined above shall not be used. In areas to accept fill (embankments) , the top 8 to 12 inches of the ground surface shall be scarified and recompacted to eliminate a plane of weakness along the contact surface . When embankments are constructed on sidehill slopes steeper than 4 horizontal to 1 vertical, the area of the original slope on which embankment is to be placed shall be stepped to a vertical depth of at least twelve inches (12" ) in order in integrate the embankment and the slope . Place all embankments to the grades, lines, and contours shown on the Drawings . Place embankment systematically, as early as possible, to allow maximum time for natural settlement . The hauling of embankment material shall be distributed over the entire embankment areas to assist in compacting the material . Do not place embankments over porous, wet, or spongy subgrade surfaces . If necessary, remove such unsuitable material and replace with satisfactory stabilizing materials, as directed by the Engineer. Place material for embankments in successive horizontal layers not to exceed eight inches (8") of loose thickness for heavy equipment and four inches (4") of loose thickness for light equipment. Level and compact each layer to a uniform density as specified. All embankments shall be compacted in place to a tolerance of 0 . 2 feet from the lines, grades, and contours shown on the Drawings . SITE PREGRADING - 2200 4 , , COMPACTION Compaction of all excavation and embankment areas shall be to a uniform density of a minimum of 95 percent maximum dry density beneath proposed buildings and pavements. Compaction of all excavation and embankment and trench areas shall be a minimum of 95 percent maximum dry density in all nonsupporting areas. Density tests shall be performed by Thiele Geotech, Inc. Payment for these tests shall be according to Section 01400 "QUALITY CONTROL. " Locations for tests shall be determined by the Engineer and Geotechnical Engineer. Tests shall be performed as follows : One (1) Test per every other 8-inch loose lift Per 10, 000 S.F. of Embankment . Backfill for utility trenches : Depth Over Top of Pipe Location of Test Frequency of Test 0 - 4 feet Surface Every 100 LF 4 - 8 feet Surface and 1/2 Every 100 LF Depth Over 8 Feet Surface, 1/3 Every 100 LF Depth The Contractor shall be responsible for the stability of all embankment and excavation areas and shall replace, at Contractor' s own expense, any portions which become displaced or unstable prior to the expiration of the warranty period. DRAINAGE Grade all excavation and embankment areas so that positive drainage exists during and after construction. Prevent the ponding of surface water unless specifically called for on the Drawings or directed by the Engineer. END OF SECTION SITE PREGRADING - 2200 5 r C-2aA CITY OF OMAHA LEGISLATIVE CHAMBER ' •r Omaha, Nebr w 19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: • ' • WHEREAS, bids were received on July 3, 1996 for S.P. 96-10, Northeast Precinct, `, Demolition and Site Pre-grading, 30th and Taylor Streets; and, .: WHEREAS, Anderson Excavating and Wrecking Co. submitted a low bid of $174,000.00, being the lowest an best bid received for S.P.96-10, Northeast Precinct,Demolition and Site Pre-grading, 30th and Taylor Streets; and, WHEREAS, Anderson Excavating and Wrecking Co. has complied with the City's Contract Compliance Ordinance No. 28885 in relation to Civil.Rights -Human Relations; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the bid of$174,000.00 from Anderson Excavating and Wrecking Co. for S.P. 96-10,Northeast Precinct Demolition and Site Pre-grading, 30th and Taylor Streets, being the lowest and best bid received,be accepted and the contract awarded. BE IT FURTHER RESOLVED: THAT, the contract with Anderson Excavating and Wrecking Co., as recommended by the Mayor, in the amount of$174,000.00, is hereby approved. BE IT ALSO FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the Cost of S.P. 96-10,Northeast Precinct, Demolition and Site Pre-grading, 30th and Taylor Streets, in the amount of$174,000.00 from the 1992 Public Facility Bond Fund No. 317, Agency 132, Organization 1339, Activity 2510. • APPROVED AS TO FORM: V ASSISTANT Y RNEY P:\PLN1\4465.SKZ Councilmember Adopted....:JUL 2 1996 .5-- Ci Clerk Approved Mayof N 0- 05. b'Ll a O 7 CD (aD •2O ,S. o ° Qu w CDoF a E EA z: .. f n g a gN. o o + CPI R w a Uo O O w a...r o w � .Pw � r Pa s. a c , O �4 O NN. : f:Lo 2o '" ate rt G \, Oyu C4 (') tiCD � 77C' v, ' nC) CD ' CD CO p o o . 0 o N a'r cN ° ' 5, O Jn , N : . � 1 40,