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RES 2018-0091 - Contract with Swain Construction for OPW 53214-SIP, construction of new st at 19th Ave from Locust to Corby Sts 01AAHA,i'V e a y + ._ Planning Department ����``� � Omaha/Douglas Civic Center f ?�' ,la 1819 Farnam Street,Suite 1100 Sre Pl1074i 4 - Omaha,Nebraska 68183 o to* yam . ^ (402)444-5150 —to* Telefax(402)444-6140 g44I)FEBRVr4 Cl.�l"v l .; K z,{ David K.Fanslau City of Omaha r,.4, `,', i. �� , t�:A . r;` Director liL,Jean Stothert,Mayor January 30, 2018 Honorable President and Members of the City Council, The attached Resolution approves a Contract with Swain Construction for construction of a new street at 19th Avenue'between Locust to Corby Streets. The FY 2017 Consolidated Submission for Community Planning and Development Programs, approved by the City Council on March 28,2017, respectfully, authorizes this work. The engineer's estimate for the base bid is$92,277.00. The low bid is determined on the base bid amount. The following bids were received November 8, 2017. CONTRACTOR BID SWAIN CONSTRUCTION $71,398.20 The contractor has on file a current Annual Contract Compliance Report Form (CC-1)on file. As is City policy, the.Human Rights and Relations Department will review the Contractor to ensure compliance with the Contract Compliance Ordinance. The Finance Department is authorized to pay the cost of OPW 53214-SIP, Locust Glen North 19th Avenue Public Improvement, 19th Avenue Locust to Corby Streets in the total amount of $71,398.20. Funds shall be payable from FY 2017 Fund No. 12186, Organization No. 128072, Project No. 5424. The Planning Department recommends the acceptance of the bid from Swain Construction in the amount of$71,398.20 being the lowest and best bid received, and requests your consideration and approval of this 'Resolution. Your favorable consideration of this Resolution is requested. Sincerely, Approved: .ems- fiodieLuaL. /-10 .18 J4: 1-I c`-1 David K. Fanslau Date Franklin T. Thompson! Date v Planning Director Human Rights & Relations Director Appr ved s to Fun ing• Referr sLto City Council for Consideration: /6Z/*,Step en B. Curtiss A�,�J te Mayors Office Date Finance Director 2628 dlh C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on November 8, 2017 for OPW 53214-SIP, construction of a new street at 19th Avenue between Locust to Corby Streets; and, WHEREAS, Swain Construction submitted a bid of$71,398.20, being the lowest and best bid within the bid specifications for OPW 53214-SIP, construction of a new street at 19th Avenue between Locust to Corby Streets;.and, WHEREAS, Swain Construction has complied with the City's Contract Compliance Ordinance No. 28885 in relation to Civil Rights— Human Relations. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the attached contract with Swain Construction for OPW 53214-SIP, construction of a new street at 19th Avenue between Locust to Corby Streets in the amount of $71,398.20 is hereby approved and the Finance Department is authorized to pay$71,398.20 from FY 2017 Fund No. 12186, Organization No. 128072, Project No. 5424. 2628 dlh APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY DATE eglif 0/"It By Councilmember Adopted JAN 3 0 2018 1 -0 City Clerk i71144— Approve .. ... .. Mayor BID BOND: 5% Douglas County Purchasing TABULATION OF BIDS ON: CITY OF OMAHA QuestCDN Project#5407053 Locust Glen North 19th Avenue Public Improvements Swain (Re-Bid) Construction Date of Opening Page 1 November 8,2017 Department As Read in Bid Committee PLANNING Quantity DESCRIPTION UNIT UNIT UNIT UNIT UNIT UNIT PRICE B PRICE PRICE PRICE PRICE PRICE QuestCDN Project#5407053 Locust Glen North 19th Avenue Public Improvements(Re-Bid) TOTAL BASE BID: $71,398.20 Bid Bond Received: YES City-of Omaha Planning Department Contract Documents and Special Provisions Locust Glen North 19th Avenue Public Improvements (Re-Bid North 19th Avenue between Locust Street to Corby Street OMAHA, NEBRASKA October 25, 2017 Bids received until 11 :00 A.M. _November 8, 2017 Contract Award , 2017 Resolution No. Contractor: TABLE OF CONTENTS TITLE OF DOCUMENTS BOUND HEREIN PAGE NUMBER DIVISION 0-BIDDING AND CONTRACT DOCUMENTS 00001 Cover Sheet 00001-0 00100 Table of Contents 00100-1 00110 Invitation to Bid 00110/1-2 00200 Instructions to Bidders 00200/1-8 00205 Equal Employment Opportunity Clause 00205/1-2 00210 Request for Bid and Bid Sheet 00210/1-3 00220 SESB Participation Disclosure Form 02220/1-2 00221 Participation Utilization Form 00221/1-2 00300 Contract 00300/1-6 00400 Performance and Payment and Bond 00400/1-2 00500 General Conditions of the Contract for Construction 00500/1-21 DIVISION 1 -GENERAL REQUIREMENTS 01015 Summary of Work 01015/1-4 01020 Site work Instructions 01020/1-4 01027 Applications for Payment 01027/1-5 01035 Modifications Procedures 01035/1-3 01040 Coordination and Meetings 01040/1-4 01050 Field Engineering—Surveying 01050/1-3 01300 Submittals 01300/1-5 01400 Quality Control 01400/1-3 01421 Reference Standards and Definitions 01421/1-4 01500 Construction Facilities and Temporary Controls 01500/1-5 01600 Materials and Equipment 01600/1-4 01700 Contract Closeout 01700/1-7 01800 General Standards 01800/1-3 Minority Business&Women Business Enterprise Plan 1-9 Section 3 1-10 Federal Waiver Standards Provisions 1-5 Davis Bacon Wage Determination 1-6 Locust Glen North 19th Avenue Public Improvements(Re-Bid) Table of Contents 00100-1 INVITATION TO BID Published: Wednesday,October 25,2017 Douglas County Invitation to Bid on: City of Omaha-Locust Glen North 19th Avenue Public Improvements(Re-Bid) Bid Opening Date: Wednesday, November 8,2017 Bid Opening Time: 11:00 AM Sealed bids for the construction of the City of Omaha Locust Glen North 19th Avenue Public Improvements (Re- Bid), at North 19th Avenue between Locust Street to Corby Street are invited and will be received on or before the bid opening date, as per the project's specifications. Sealed bids to be addressed to Elizabeth Butler, City Clerk, LC-1, 1819 Farnam Street, Omaha/Douglas Civic Center, Omaha, Nebraska 68183, marked"BID ON: City of Omaha"Locust Glen North 19th Avenue Public Improvements (Re-Bid)", must be in her office on or before 11:00 A.M. on the bid opening date at which time the bids will be opened and read by the City Clerk before the Bid Opening Committee and the public in LC-4, Omaha/Douglas Civic Center. Complete digital project bidding documents are available at www.questcdn.com. You may download the digital plan documents for$20.00 by inputting QuestCDN Project#5407053 on the website's Project search page. Please contact QuestCDN.com at(952)233-1632 or infoquestcdn.com for assistance in free membership registration,downloading, and working with this digital project information or Plans and Specifications may be examined and obtained at the office of the following printer:A&D Technical Supply Co.,Inc.4320 South 89th Street, Omaha NE 68127(402)592-4950. Bidders may view the contract documents (plans and specifications, etc.) on the project free of charge from their websites. Electronic or hard copy prints of all contract documents may be obtained contacting them directly and placing an order. All costs for the contract document production will be directly billed by the printer to the requesting company and not the issuer of this bidding opportunity. Potential bidders may receive special pricing for the printing of hard copies of the contract documents. Contact the printer for the cost associated with your request. All bidders are required to comply with the Omaha Contract Compliance Program. Details of this program are incorporated in the bid documents. There will be no pre-bid meeting. As evidence of good faith and guarantee that contract will be entered into should award be made thereon, a bid bond or certified check in the amount of 5%of the bid must accompany bid. The bid bond or certified check shall be made payable to the"City of Omaha". Failure to do so will be cause for rejection. City reserves the right to accept or reject any or all bids in whole or in part, and the bidders shall have the right to appeal any decision to the City Council. Questions regarding this project may be directed to Edward Dantzler at(402)444-5150 Ext.2009. Eric J. Carlson, Purchasing Agen Locust Glen North 19th Avenue Public Improvements(Re-Bid) Invitation To Bid 00110-1 SECTION 00200 INSTRUCTIONS TO BIDDERS REVISED ADDENDUM#1 PART 1 —GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract,including General and Supplementary Conditions and Division -1 Specification sections,apply to work of this section. PART 2—BIDDING REQUIREMENTS AND INSTRUCTIONS 2.01 GENERAL: A. Bidders shall submit their proposals in accordance with the following provisions. The term "Construction Specialist"hereinafter shall refer to the Planning Department of the City of Omaha project coordinator. B. Contractor shall perform a minimum of thirty percent(30%)of the work without subcontracting. Purchasing of materials shall not qualify as self-performing the Work. 2.02 DEFINITIONS: A. Addenda: Addenda are written or graphic instruments issued by the architect prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections. B. Alternate Bid: An Alternate Bid (or Alternate,Add Alternate and/or Deduct Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted. C. Base Bid: The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base,to which Work may be added or deleted for sums stated in Alternate Bids. D. Bidder: One who submits a Bid directly to Owner as distinct from a sub-bidder, who submits a Bid to a Bidder. E. Contract: The Contract shall consist of the executed City Council Resolution and the"Contract"or the 'Purchase Order"issued along with all Contract Documents as defined below. F. Contract Documents: The Contract Documents,each of which is an essential part of the contract by and between the parties hereto, shall consist of the advertisement, the requirements for bidding and instructions to bids,the accepted proposal with which all project manual documents are included,and all plans,drawings and specifications in existence at time of the issuance of the purchase order which define and show the work to be done and requirements in connection therewith. Locust Glen North 19th Avenue Public Improvements (Re-Bid) Instructions To Bidders 00200-1 G. Unit Price: Unit Price is an amount stated in the Bid as a price per unit of measurement of materials, equipment or services or a portion of the Work as described in the Bidding Documents. H. Successful Bidder: The lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 2.03 BIDDER'S REPRESENTATIONS: A. The Bidder shall examine the work site and become familiar with the existing physical conditions before submitting a Bid. B. By submitting a Bid, it is understood and agreed by the Bidder that they have, by careful examination of the site,satisfied themselves as to the nature and location of the Work,the conformity of the ground,the character of equipment, and facilities incidental to the completion of the Work the general and local conditions, and any other matters which may in any way affect the Work under this Contract. 2.04 EXAMINATION OF SITE: A. Each Bidder shall visit the site of the proposed work and fully acquaint themselves with conditions relating to the construction and labor so that they may fully understand the facilities, difficulties and restrictions attending the execution of the work under this Contract. Bidders shall thoroughly examine and be familiar with the drawings and the specifications. The failure or omission of any Bidder to receive or examine any form, instrument, Addendum or other documents or to visit the site and acquaint themselves with conditions there existing,shall in no way relieve any Bidder from any obligation with respect to his Bid or the Contract. B. Bidder shall conduct the site visit during normal working hours, and shall not disturb any ongoing operations on the site. 1. The project site is available for inspection by Bidders any day of the week between the hours of 5:00 AM to 9:00 PM, without an appointment, unless otherwise stated differently. C. Pre-Bid Meeting: No Pre-Bid Meeting. 2.05 SUBSTITUTIONS: A. No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Construction Specialist at least ten(10)calendar days prior to the date for receipt of Bids. Refer to Section 00500, "General Conditions of the Contract for Construction", Part 2.39, "Substitutions" and Part 2.38, "Interpretation of"Or Approved Equivalent"for additional information. B. If the proposed substitution is accepted by the Construction Specialist prior to the receipt of Bids, such acceptance will be set forth in an "Addenda" and posted on the Douglas County Purchasing web site at www.douglascountypurchasinq.org. All Addendum and updates will be posted on the web site. It is the Bidders responsibility to check the web site for all relevant information prior to the closing date. Bidders shall not rely upon approvals made in any other manner. The Construction Specialist's decision of acceptance or rejection of the proposed substitution shall be final. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Instructions To Bidders 00200-2 C. Substitutions will not be considered after the Contract is awarded except as outlined in Section 00500, "General Conditions of the Contract for Construction", Part 2.39, "Substitutions". 2.06 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS: A. The Bidder shall carefully examine and compare the Bidding Documents immediately with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall inspect the site and existing conditions, and shall at once report to the Construction Specialist errors, inconsistencies or ambiguities discovered. B. Clarification or interpretation of the Bidding Documents shall be made to the Construction Specialist in writing. Such request shall reach the Construction Specialist ten (10)calendar days prior to the date for receipt of Bids. C. Revisions to the Bidding Documents as a result of clarifications and interpretations will be made by written "Addenda" and posted on the Douglas County Purchasing web site at www.douglascountypurchasinq.orq. All Addendum and updates will be posted on the web site. It is the Bidders responsibility to check the web site for all relevant information prior to the bid opening date. Revisions made in any other manner will not be binding and Bidders shall not rely upon them. D. The right is reserved to issue Addenda until twelve Noon (12:00 PM)on the Friday before bids are to be opened. Addenda issued after this time will require that the bid be extended by a week or more. It is the Bidders responsibility to check the Douglas County Purchasing web site (www.douglascountypurchasinq.orq)for all relevant information prior to the closing date. E. All Addenda issued (posted on the Douglas County Purchasing web site) during the bidding period supersede previous information and automatically become part of the Contract Documents. F. Questions regarding the Bidding Documents shall be addressed to Edward Dantzler, Planning Department, 1819 Farnam Street- Suite 1100, Omaha, Nebraska 68183-0701; voice: (402)444-5150, ext.2009 fax: (402)444-5201; e-mail: Ed.Dantzler@cityofomaha.org. 2.07 PREPARATION OF THE PROPOSAL: A. Each bidder shall submit his proposal on the special form,which is supplied by the Purchasing Division and attached hereto. Each proposal,together with all sheets to which it is attached and with which it is included at the time of issue, and together with all addenda, if any, shall be placed in a sealed opaque envelope marked"Proposal,"project title,and bidder's name. Each envelope containing a proposal shall be deposited on or before the day and hour named in the advertisement, at which time all proposals pertaining to the same subject matter,will be opened and read publicly. B. Before submitting his proposal, each bidder shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the proposed contract. No plea of ignorance of conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful bidder from his obligation to comply, in every detail, with all provisions and requirements of the contract documents or will be accepted as a basis of any claim agreed upon for performance of the contract. C. If the bidder is a corporation,the proposal(and addenda, if any)shall be signed in the name and under the Locust Glen North 19th Avenue Public Improvements (Re-Bid) Instructions To Bidders 00200-3 seal of the corporation by a duly authorized officer of the corporation with the designation of his official capacity. The signature shall be attested properly. The proposal shall show the state in which the corporation is chartered. D. If the bidder is a firm or co-partnership,the proposal(and addenda, if any)shall be signed in the name and style under which the organization is doing business,by the proper officer or officers whose official capacity shall be designated. The name and address of each member of the organization shall be shown on the proposal. E. If the bidder is an individual,the bidder shall sign the proposal(and addenda, if any), in person,stating the name and style, if any under which they are doing business. F. In every case, the proposal shall show the present business address of the bidder at which address communications will be received and service of notices accepted. 2.08 EVIDENCE OF ABILITY: A. Each bidder will be required to furnish the Planning Department with satisfactory evidence of his/her competency to comply with all requirements of the contract documents. 2.09 BOND SUBMISSION: A. Within fourteen (14) calendar days after receiving notice of the award, the successful bidder shall furnish, satisfactory as to form of the City Attorney,a surety bond in a penal sum equal to the estimated aggregate amount of the contract guaranteeing performance. The condition of said bond shall be that said bidder will faithfully keep and perform all the covenants and agreements on the part of said bidder to be kept and performed at the time and times and in the manner set forth in said contract. The said bond shall be executed by said bidder as principal and by a reliable surety company as surety. The said surety shall be duly authorized by law to execute and deliver such bond in the State of Nebraska and be satisfactory to the Director of the Planning Department. The said bond shall remain in full force and effect during the life of the contract and shall be held in the custody of the Director of the Planning Department. 2.10 BID SECURITY: A. All proposals or bids, as a guarantee that the bidder will comply with requirements provided herein with reference to the furnishing of a performance bond and required insurance, must be accompanied by a Bid Security in the form of a certified check, an official bank check,a cashier's check drawn on a national bank or a bank chartered under the laws of the State of Nebraska,payable to the City of Omaha,or lawful money of the United States, or a United States Government Bond (negotiable), in an amount not less than five percent(5%)of the total bid or in the amount specified in the bid specifications,which shall be considered as liquidated damages and shall be forfeited to the City of Omaha, if said proposal or bid is accepted and the bidder fails to enter into the contract for which the proposal or bid was made. Nothing shall prevent the bidder from filing a duly executed bid bond with duly licensed corporate surety of the State of Nebraska with the City of Omaha as obligee. B. The Bid security of the apparent successful Bidder will be retained until the Owner awards the contract to such Bidder, and such Bidder has executed the Agreement, furnished the required contract security, and met the other conditions of the notice of award,whereupon the Bid security will be released. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security and certificates Locust Glen North 19th Avenue Public Improvements(Re-Bid) Instructions To Bidders 00200-4 of insurance within fourteen (14) calendar days after the notice to award, the Owner may consider Bidder to be in default,annul the notice to award,and the Bid security of that Bidder will be forfeited. Such forfeiture shall be the Owner's exclusive remedy if Bidder defaults. C. The Bid security of other Bidders that the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the effective date of the Agreement or sixty one(61) calendar days after the Bid opening,whereupon Bid security furnished by such Bidders will be released. 2.11 EXAMINATION OF DOCUMENTS: A. Bidders shall examine carefully all contracts, documents and data provided for them on file. No plea of ignorance of the requirements of the contract documents will be accepted as a basis for any claim whatsoever for extra compensation. B. Contract Documents may be examined and obtained at the following plan rooms/printers: 1. Contract Documents (plans and specifications) may be examined and downloaded at www.questcdn.com.Please contact QuestCDN.com at(952)233-1632 or info(@,questcdn.com for assistance. 2.12 EXAMINATION OF PLANS,SPECIFICATIONS,SPECIAL PROVISIONS AND SITE OF WORK: A. The bidder is required to examine carefully the site,and the proposal,plans,and specifications,for the work contemplated,and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished,as to the requirements of these specifications,the special provisions and contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. 2.13 BID: A. Bids shall be submitted for all material and work included in all of the items in the proposal form. The City of Omaha reserves the right to accept any proposal which it considers to be for the best interest of the public, and to award a contract thereon. Bids shall be good for sixty(60)calendar days. 2.14 COMPUTING COMPLETION DATE: A. The contract completion date for this project shall be May 30th,2018. All work associated with the project shall be completed on or before this date. 2.15 OMAHA HUMAN RIGHTS AND RELATIONS DEPARTMENT CONTRACT COMPLIANCE FORM: Locust Glen North 19th Avenue Public Improvements (Re-Bid) Instructions To Bidders 00200-5 A. Successful Bidder shall file the Contractor Compliance Report, Form CC-1 with the City of Omaha Human Rights and Relations Department prior to award of the Contract. The form can be obtained from the Human Rights and Relations Department,phone 403-444-5055 or from the human rights and Relations Department web site. The link is: http://www.cityofomaha.orq/humanrights/contract-compliance. 2.16 UTILIZATION OF SMALL AND EMERGING SMALL BUSINESS: A. Refer to instructions in the project's specifications and technical documents regarding the City of Omaha Small and Emerging Small Business Program. Bidders must complete and include with their Bid the Participation Disclosure Form which is included as part of the Request For Bid And Bid Sheet form. 2.17 INSTRUCTIONS FOR BID SUBMITTAL: A. Review all bid requirements and specifications thoroughly. 1. Check the Douglas County Purchasing Department's web site (www.douglascountypurchasinq.orq)for any relevant information prior to the closing date including any Addenda and updates on the project. B. Use the"Request for Bid and Bid Sheet"forms provided only. Fill in all bid blanks completely. Please ensure that all entries are legible. C. All erasures, interpolations and other physical changes in the"Request for Bid and Bid Sheet"form shall be signed or initialed by the Bidder. "Request for Bid and Bid Sheet"forms containing any conditions, omissions, erasures, alterations or items not called for in the "Request for Bid and Bid Sheet" form, or irregularities of any kind, may be rejected by the City of Omaha as being incomplete. D. Fill in all company information shown at the bottom of the"Request for Bid and Bid Sheet"form. Please print legibly or type all information. Bid is to be signed by an authorized agent of the firm. E. Bids are to be submitted to the address shown in Item 1 of the"Request for Bid and Bid Sheet"form by the bid opening date shown. F. Bid envelopes are to include company name and return address. Bid title and bid opening date required to be clearly shown on the envelope. G. Bids received without the required information on the outside of the envelope will not be opened. H. Voluntary Alternates will not be accepted or considered as part of the bid. I. The attached"Request for Bid and Bid Sheet"form shall be signed by the Bidder with full knowledge of, and agreement with,the general specifications,conditions and requirements of this Bid. END OF SECTION Locust Glen North 19th Avenue Public Improvements(Re-Bid) Instructions To Bidders 00200-6 SECTION 00205 SEC. 10-192 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE All contracts hereafter entered into by the city shall incorporate an equal employment opportunity clause, which shall read as follows: During the performance of this contract,the contractor agrees as follows: 1. The contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. The contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race,religion,color,sex,sexual orientation,gender identity or national origin. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited, whether by advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted;downgraded;transferred; laid off; and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, religion,color, sex, age, sexual orientation, gender identity, disability or national origin. - 3. The contractor shall send to each representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers'representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall furnish to the human rights and relations director all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, including the information required by sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the human rights and relations director shall be those which are related to paragraphs (1) through (7)of this subsection and only after reasonable notice is given the contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5. The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the city,the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate the provisions of this division; and, in the case of contracts receiving federal assistance, the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States. 6. The contractor shall file and shall cause his subcontractors, if any,to file compliance reports with the contractor in the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations.Such compliance reports shall be filed with the human rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the contractor and his subcontractors. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Equal Employment Opportunity Clause 00205-1 7. The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal employment opportunity clause,"and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. END OF SECTION Locust Glen North 19th Avenue Public Improvements(Re-Bid) Equal Employment Opportunity Clause 00205-2 Bid Form SECTION 00210 RFP • CITY OF OMAHA PLANNING DEPARTMENT REQUEST FOR BID AND BID SHEET ON Locust Glen North 19th Avenue Public Improvements (Re-Bid) RETURN BIDS TO: Published:October 25,2017 CITY CLERK,LC-1 OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER Page 1 of 4 Pages 1819 Farnam Street Omaha,Nebraska 68183-0011 BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE TOTAL AMOUNT FOR THE ITEMS OFFERED IS$20,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA". Bid Opening Date: 11:00 A.M. November 8,2017 IMPORTANT • 1. Bid must be In the office of the Acting CITY CLERK, LC-1,OMAHA-DOUGLAS CIVIC 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. CENTER,1819 Famam Street Omaha,NE 68183-0011 by bid opening date and time 6.When submitting bid on Items listed,bidder may on a separate sheet make suggestions indicated,In seated envelope marked BID ON:Locust Glen North 19th Avenue Public covering reduction in costs wherever this is possible through redesign,change of material Improvements(Re-Bid) or utilization of standard Items or quantity change. 2.As evidence of good faith a bid bond or certified check must be submitted with bid.Bid Bond or certified check shall be made payable to.the CIty of Omaha°. FAILURE TO DO SO IS PLEASE DO NOT CALL FOR THIS INFORMATION. CAUSE FOR REJECTION 3.Right is reserved to acceptor reject any or all bids In their entirety and the bidders shall have the right to appeal any decision to the City Council. Right is also reserved to acceptor reject any part of your bid unless otherwise indicated by you. 4.If Federal Excise Tax applies,show amount of same and deduct Exemption certificates will be furnished.Do not include tax in bid. Quote your lowest price,best delivery and terms,F.O.B.delivery point on the terms(s)listed below:. The undersigned,having carefully examined the plans,specifications and all addenda thereto,and other contract documents,for the construction of: Locust Glen North 19th Avenue Public Improvements(Re-Bid) 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,induding Addenda Numbers Issued thereto for the base bid sum 5avorry DIVE •TherMJ11D TAW AwDzei, WIA/Ery E/414r DOLLARS and lido ttfy CENTS($ W1,19•20 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 or conditions peculiar to the same. UNAVAILABILITY OF FUNDING: Due to possible future reductions including but not limited City of Omaha(CITY),State and/or Federal appropriations,or other sources the CITY cannot guarantee the continued availability of funding for this Agreement,notwithstanding the consideration stated In this Agreement. In the event funds to finance this Agreement become unavailable either in full or in part due to such reduction in appropriations,the CITY may terminate the Agreement or reduce the consideration upon notice in writing to vendor.The notice shall be delivered by certified mail,return receipt requested,or in person with proof of delivery. The CITY shall be the final authority as to the availability of funds. The effective date of such Agreement termination or reduction in consideration shall be specified in the notice as the date of service of the notice or the actual effective date of the CITY,State and/or Federal funding reduction,whichever Is later. Provided,that reduction shall not apply to payments made for services satisfactorily completed prior to the effective date. In the event of a reduction of consideration,vendor may cancel this Agreement as of the effective date of the proposed reduction upon the provision of advance written notice to CITY. Note: Refer any questions regarding the Bid or Contract Documents directly to Edward Dantzler at 402-444-5150.ext.2009, All bidders awarded a contract In the amount of$10,000 or more must comply with the Contract Compliance Ordinance end have on file with the Human Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance or PBE/DEB Listings should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly.or Type) Firm Swain Construction, Inc, = `-tate) r Name Greg Armstrong Signatur= WW1 Title President Phone 402-571-1110 Fax 402.571-3667 Address 6002 North 89th Circle Omaha NE 68134 Street/P.O.Box City State Zip BID FORM Page 2 of 4 Pages PROJECT DESCRIPTION:Locust Glen North 19th Avenue Public Improvements(Re-Bid) 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: BASE BID . item Bld Item Description Approximate Unit Unit Amount City Item Quantity Price Number 1 MOBILIZATION 1 LS 15 ,'O.4 O IS01fl.06 • 2 INSTALL SILT FENCE 50 LF )s II 406.40 101.000 3 INSTALL GRATE INLET PROTECTION 1 EA 259.061 1061.00 101.030• 4 SUBGRADE PREPARATION 728 SY Z.L eizm, 202.100 5 EARTHWORK-EXCAVATION 550 CY 119.05 412121 O 201,000 6 REMOVE PAVEMENT 35 SY 119.10 5g4.5o 105.100 7 REMOVE COMBINATION CURB AND GUTTER 75 LF IA- V35J.50 106.170 8 ADJUST MANHOLE TO GRADE 1 EA iniiZ.OQ 1.4Z.lf) 702.760 9 SAW CUT-FULL DEPTH 130 LF 4.'1 54030 105.200 CONSTRUCT 7-INCH CONCRETE PAVEMENT(TYPE L65) 610 SY 501.001 10 WITH INTEGRAL CURB 54:45 3�J'i%.� 11 CONSTRUCT 6-INCH PCC SIDEWALK 127 SF q. I m ilg 503.001 12 CONSTRUCT 6-INCH IMPRINTED PCC SURFACING 104 SF IL 00 I 14410 `4' ) 503.201 13 CONSTRUCT CURB RAMP 128 SF ii,IO i10111..�10 504.000 14 CONSTRUCT DETETABLE WARNING PANEL 36 SF 16.1 5'I Zo 504.100 15 INSTALL SEEDING-TYPE IRRIGATED LAWN AND TURF 1 LS mg1.00 3iii i.00 802.000 16 PROVIDE TEMPORARY TRAFFIC CONTROL 1 LS 1004:OO 104:C:) 906.200 TOTAL BID(ITEMS 1 TO 16) 4l,FIB.ZD The City of Omaha will furnish the successful contractor with Form No.92,PURCHASING AGENT APPOINTMENT AND EXEMPT SALE CERTIFICATE,for all material items required in the construction of this project,which the State of Nebraska considers to be exempt from the State Sales Tax. For each bid item,the bidder shall quote a TOTAL UNIT PRICE.The UNIT PRICE shall include all costs,including material,necessary to complete the UNIT item of work.Failure to quote a TOTAL UNIT PRICE may be cause for rejection of the proposal. In the event of discrepancy between the TOTAL PRICE quoted in the proposal and a correct summation of the products of QUANTITY and TOTAL UNIT PRICES the latter shall control. SIGN ALL COPIES ••Firm Swain Construction, Inc. 'AV A By Title President • Bid Form(Rev.01-2015) SECTION 00210 RFP DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA Locust Glen North 19th Avenue Public Improvements(Re•Bid) NOT AN ORDER Page 3 of 4 Pages The bidder hereby states that the above total cost to the City of Omaha includes all material,taxes,insurance royalties;transportation charges,use of all necessary tools and equipment,supervision,inspection and tests of materials,bond and overhead expense,all equipment furnished in accordance with the requirements of the contract documents considered severally and collectively. It is understood that the contract documents shall consist of the advertisement,the requirements for bidding and instruction to bidders,this proposal, the contract documents titled"Locust Glen North 19th Avenue Public Improvements Re-Bid°and the duly executed agreement or contract proper; that,said documents are complementary and that which is required,shown or specified by any one of these,shall be as binding as if required by all. The bidder hereby represents that the price contained in this proposal is neither directly nor indirectly the result of any agreement or any secret understanding with anyone with respect to any provisions contained in this proposal. INSURANCE REQUIREMENTS: Refer to Specification Section 00500, "General Conditions of the Contract for Construction", Part 2.15, °Contractor's Insurance" for insurance requirements. BID BOND: In accordance with the requirements for bidding and instructions to bidders,there is deposited herewith a bid bond or a certified check payable to the Ci of Omaha,In the sum o: Five Percent Of The Bid Amount ($ 5% Bid Bond ),which is at least five percent(5%)of the aggregate amount of the proposal. • It is agreed that,in the event the bidder is awarded a contract based on this proposal,or a part thereof and fails or refuses to execute a written contract or fails to furnish a performance bond within ten days after the award of said contract,the sum deposited herewith shall be retained by the City of Omaha as liquidated damages and not as a penalty,as It is expressly agreed that said sum is a fair measure of the damages which will be sustained by the City of Omaha in case of any such failure or refusal on the part of the bidder. The said sum,however,will be returned to the bidder;if and when he shall faithfully keep and perform all of the conditions set forth in the advertisement and the requirements for bidding and instructions to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,and listed on the currentedition of Circular 570 of the United States Dept,of the Treasury. NOTICE: Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and correct,in accordance with the instructions to bidders,it may be rejected as informal. COMPLETION DATE: The contract completion date for this project shall be 45 days from Proceed Order. All work associated with the project shall be completed on or before this date. PERFORMANCE BOND: Refer to Specification Section 00200,"Instructions to Bidders",Part 2.10,°Bond Submission"and Section 00400,'Performance and Payment Bond" requirements. 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. SIGN ALL COPIES Firm Swain Construction, Inc. 7 - - Title President '� Bid Form(Rev.01-2015) SECTION 00210 RFP DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA Locust Glen North 19th Avenue Public Improvements(Re-Bid) NOT AN ORDER Page 4 of 4 Pages Responsible Contractor Compliance Form RC-1 '+1 r 0 R'9M' 1. Regulations: A.Article IV,Division I of Chapter 10 of the Omaha Municipal Code thereon require: • 1.That all contractors who submit a bid to City of Omaha shall designate a representative who on behalf of the Contractor, shall fill out completely a Responsible Contractor Compliance Form(RC-1). An incomplete or unsigned RC-1 form will make your bid null and void. 2. Filing this Report(please initial in the boxes below): GA +Contractor agrees that Contractor will not knowingly employ or hire an employee not lawfully authorized to perform employment in the United States and that the Contractor and all sub-contractors shall use E-Verify to determine work eligibility. GA+Contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.Rev. Stat.Section 48-2901 et seq.). GA +Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.Stat. Section 73-104 et seq.). +Contractor has not been convicted of any tax violations(local,State and Federal)within the last three years from the date GA this bid is submitted. • +Contractor has not,upon final determination by the Occupational Safety and Health Administration,been convicted of a GA criminal,repeat,or willful violation of the Occupational Safety and Health Act(OSHA)or been conicted of 3(three)separate "serious"OSHA violations within the past three(3)years. +Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the GA provisions of th-,;::ponsible Co., . tor Compliance Form RC-1. November 8,2017 Signature Date By signing,I verify on behalf of the Contractor that the information above is true and correct. Filing false information carries a penalty of up to a$500 fine or six months in jail. In addition,the contractor and sub-contractors can be subject to immediate disqualification and prohibited from any future City of Omaha contract for a period of 10 years. 00220-SESB Participation Disclosure Form (-4-":7111. City Of Omaha Small & Emerging Small Business Program Participation Disclosure Form THIS FORM MUST BE SUBMITTED WITH THE BID NOTICE: This form must be submitted by the General Contractor/Lead Consultant at the time of bid/agreement submission,designating all companies utilized to complete the scopes of work designated as reserved for Program Participants on the Participation Utilization Form attached to the.project documentation. The General Contractor/Lead Consultant may utilize SEB Program Participants for additional scopes of work not specified on the Participation Utilization Form,but they may not be substituted for scopes specifically identified by the City on the Participation Utilization Form. Should the below listed SEB Program Participant be determined to be unable to perform successfully or is not performing satisfactorily, the General Contractor/Lead Consultant shall obtain written approval from the Public Works Director or a designee before dismissal/substitution of the Participant By submitting this form,the General Contractor/Lead Consultant is certifying that it has afforded any/all applicable program participants the opportunity to submit bids/proposals on this project. Identified Full Name of Projected start/ Percentage of total Scope Participant completion date Agreed Price contract None Required None Required n/a $0.00 0.00% TOTAL: $0.00 0.00% CERTIFICATION: The undersigned certifies that he/she has read,understands,and agrees to be bound by small and/or emerging small business participation utilization requirements,and the other terms and conditions of the Invitation for Bids/Request for Proposals. The undersigned further certifies that he/she is legally authorized to make the statements and representations as to the Participation Utilization requirements and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with the Participating Companies listed in the above disclosure at the price(s)set forth in this disclosure,conditioned upon execution of a contract/agreement by the undersigned company with the City of Omaha. The undersigned agrees that if any of the representations made regarding utilization of small and/or emerging small business by the General Contractor/Lead Consultant,knowing them to be false,or if there is a failure by the undersigned company to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Public Works Director or designee,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the bid/proposal or to terminate the Contract/Agreement for default The right to so terminate shall be in addition to,and not in lieu of;any other rights or remedies the City of Omaha may have for other defaults under the Contract/Agreement,under City of Omaha's Contract Compliance Ordinance or otherwise. Signed this 8th =-.y of er in the year. 2017 Nov;.r —� Signature: Title: President Printed Name: Greg Armstrong Firm or Corporat= . "e: onstruction, Inc. • Address: :002 North 89th Circle,Omaha, NE 68134 TelephoneNo.: 402-571-1110 00221-Participation Utilization Form -�!� - City Of Omaha Small & Emerging Small Business Program ,.,r am .q., Participation Utilization Form NOTE: It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. Consequently,the requirements of the Small and Emerging Small Business Program ordinance apply to this solicitation. For questions on certification,including a listing of the SEB Program Participants,please see the City of Omaha Human Rights &Relations website at:http://www.cityofomaha.org/huunanriglits/contract-compliance or contact via phone:402-444-5055. With regard to this solicitation,the City has determined that a sufficient number of SEB Program Participants exist within the following Certified Group(s): [ ] Tier I Emerging Small Business [ ] Tier I Small Business [ ] Tier II Emerging Small Business [ ] Tier II Small Business To fulfill [ ] the entire scope of this contract/agreement. [ ] a portion of this contract/agreement as defined below: , [X]No SEB Requirement for this contract/agreement. Comments/ Identified Scope Notes PLEASE NOTE: In order to be considered for this solicitation,potentially eligible participants MUST be certified in the above- referenced category PRIOR TO the bid opening date of this solicitation. The City of Omaha has given preference to the above-referenced category of participants in the preparation of these contract documents according to the provisions of OMC 10-200.3(d). Failure to utilize a certified participant for the above-designated portion of this contract/agreement shall be deemed non-responsive and rejected. Bidders must complete the Participation Disclosure form and submit it with their bid/agreement documentation in order to be considered. SECTION 00300 Contract This AGREEMENT, made and entered into in quadruplicate,as of this day of A.D., 2017 by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party of the first part and hereinafter called"OWNER",and � wc � ,, Ct,., ci an with principal place of business at: k02 • %ctks'" vw‘u.-v.s,, ,hereinafter called"CONTRACTOR": WHEREAS,said Contractor did, under date of YQ-c C &' 2017, submit a proposal toznstruct as outlined in the proposal t ,m-;-) c Oc—tom&_ v Y% ns�F- CXL9rWitA, NOCNV\ \0\t`= E'u-bV X-srrVet0-Q_.c•c -S for the City of Omaha,for the sum of $ Sev -©v.a."�1�r use-Y.d - { -V -w\& Qd --.)4 v •su, 3 o.- ?°ice --_ Dollars, to be constructd by the Contractor in accordance with drawings and specifications for same prepared for Owner,which drawings and specifications have been filed with the City of Omaha. WHEREAS,the aforesaid proposal of Contractor was accepted by Resolution No. adopted , by the City Council of the City of Omaha: NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto that: a. The above referred to plans, specifications and addenda, are expressly made a part hereof the same as though fully set forth herein. b. The Resolution of Owner ordering or authorizing the construction of the aforesaid ,the notice inviting contractors to bid as published, the instruction to bidders,the proposal of Contractor,the bid bond of Contractor,the performance, payment and maintenance bond of Contractor,the general conditions and all proceedings by the governing body of the Owner relating to said are a part of this Contract by reference thereto the same as though each had been fully set out and attached hereto. c. Said construction shall be on the property owned by the City of Omaha,commonly known as,or referred to as ,Omaha,Nebraska,in Douglas County,Nebraska. d. The Contractor agrees to furnish all tools, labor, mechanics for labor,equipment and materials to construct in a good substantial and workmanlike manner,Contractor's part of said in accordance with the aforesaid plans, specifications and addenda,and agrees to do so for the sum of$ e. Owner agrees to pay Contractor said amount of$ in accordance with the provisions of the aforesaid specifications, addenda and proposal of the Contractor accepted by Owner. f. All provisions of aforesaid plans,specifications and addenda shall be strictly complied with and conformed to by Contractor,the same as if re-written herein,and no substitution or change in said plans,specifications Locust Glen North 19th Avenue Public Improvements(Re-Bid) Contract 00300-1 and addenda shall be made except upon written consent or written direction (the form of either of which shall be a written"Change Order")of Owner and Owner's Architect and any such substitution or change shall in no manner be construed to release either party from any specified or implied obligation of the aforesaid plans, specifications and addenda except as specifically provided for in the Change Order. g. This Contract is entered into subject to the following conditions: g-1. Contractor does hereby state,warrant and covenant that it has not retained or employed any company,or person, other than bona fide employees working for said Contractor,to solicit or secure this Contract, and that 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 of violation of this statement, warrant, and covenant, the City of Omaha shall have the right to annul this contract without • liability. g-2. Contractor shall comply with all Municipal Ordinances and State and Federal Laws relating to,or applicable to,this work. g-3. Contractor shall furnish Performance, Payment and Maintenance Bond in an amount at least equal to one hundred percent (100%) of the Contract price, and shall maintain during the life of the Contract, Fire, Workmen's Compensation, Public Liability and Property Damage insurance,all as required in the aforesaid specifications and addenda. g-4. Owner, its employees and representatives,and the Owner's Representative shall have access to the work wherever it is in preparation or progress,and the Contractor shall provide proper facilities for such access and inspection by them. g-5. The Contractor shall indemnify and save harmless the City of Omaha, its officers, employees, and agents from all claims, suits or actions of every kind and character made upon or brought against the said City of Omaha, its officers, employees and agents, for or on account of any injuries or damages received or sustained by any party or parties by or from the acts of the said Contractor or its servants, agents 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,and subcontractors;and also from all claims of damage or infringement of any patent in fulfilling this Contract. g-6. 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 ("Certification of Contribution Status" - form "NEBRUI Form 16")certifying that all payments due of contributions or 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 ten percent (10%) of the total amount of this Contract shall be withheld until this provision has been complied with. g-7. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin as defined by the Americans with Disabilities Act of 1990 and Omaha Municipal Code Sec 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment Locust Glen North 19th Avenue Public Improvements(Re-Bid) Contract 00300-2 without regard to their race,religion,color,sex,age,sexual orientation,gender identity,disability or national origin. The Contractor shall take all actions necessary to comply with the Americans with Disabilities Act of 1990 and Omaha Municipal Code, (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off;and terminated. The Contractor agrees to and shall post in conspicuous places,available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. • g-8. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color,sex, age, sexual orientation, gender identity, disability or national origin as recognized under 42 USCS 12101 et seq. g-9. The Contractor shall send to each labor union or representative of workers with which they have a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor's commitments under the Equal Employment Opportunity Clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment. g-10. The Contractor shall furnish to the Contract Compliance Officer all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations, and including the information required by Sections 10-192 to 10-194,inclusive,and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs (7) through (13) of this subsection and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. g-11. The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs (7) through (13) herein, including penalties and sanctions for noncompliance; however,in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division; and in the case of contracts receiving Federal assistance,the Contractor or the City may request the United States to enter into such litigation to protect the interest of the United States. g-12. The Contractor shall file and shall cause their subcontractors, if any, to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with the Contract Compliance Officer. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies,programs and statistics of the Contractor and their subcontractors. g-13. The Contractor shall include the provisions of Paragraphs (7) through (13) of this Section, "Equal Employment Opportunity Clause",and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor(refer to Specification Section 00205 for more detail). g-14. Contractor shall pay all just claims due for the payment of all employees and mechanics for labor that shall be performed,for the payment of all material and equipment furnished,and for the payment of material and equipment rental which is actually used or rented in the performance of the Contract. • Locust Glen North 19th Avenue Public Improvements(Re-Bid) Contract 00300-3 g-15. Contractor agrees to commence work on the date specified in the notice from the Housing and Community Development Division of the Omaha Planning Department,and to substantially complete all the work by_ g-16. The Contractor shall guarantee their work for material and workmanship for a period of two(2)years after the date of"substantial completion"of his Contract,and should any defect be discovered in any of the work included in this Contract within the period of two(2)years from the"substantial completion"of this Contract, the repair of such defect and the cost of such repairs shall be borne by the Contractor under their Contract. a. Substantial Completion: Substantial Completion shall mean that in general, the Work, excluding minor punch list items and appropriate paperwork to closeout the project is one hundred percent(100%)complete and ready for use by the Owner. g-17. Contractor shall maintain fair labor standards in accordance with any valid laws of the State of Nebraska in the execution of this Contract. h. Upon receipt of written notice by Owner and its Architect that the construction is ready for final inspection and acceptance, the Architect shall promptly make such inspection and, when he finds the construction acceptable under the Contract and the Contract fully performed, he shall promptly issue a final certificate, over his own signature, stating that the construction provided for in this Contract has been completed and is accepted by him under the terms and conditions thereof,and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before issuance of final certificate the Contractor shall submit evidence satisfactory to the Architect that all payrolls, material bills, and other indebtedness connected with the work have been paid. If,after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor,and the Architect so certifies, the Owner shall,upon certificate of the Architect and without terminating the Contract,make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment,except that it shall not constitute a waiver of claims. i. The Contractor shall procure a policy, or policies, of insurance which shall guarantee payment of compensation according to the Workmen's Compensation laws of Nebraska for all workmen injured in the scope of employment, and further agrees to keep said policy, or policies in full force and effect throughout the term of this Contract. In addition, all other forms of insurance referred to in the specifications shall be procured by the Contractor and kept in force and effect by it throughout the term of this Contract, and certificate or certificates of insurance shall be filed by Contractor with the City of Omaha. j. 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. Any violation of this section shall render the Contract voidable by the Mayor or City Council. k. Any subsequent agreement between the parties hereto or any matter whatsoever shall be in writing and executed by an authorized officer. I. 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 Locust Glen North 19th Avenue Public Improvements(Re-Bid) Contract 00300-4 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. IN WITNESS WHEREOF, we the contracting parties, by our respective duly authorized agents, hereto affix our signatures and seals at Omaha, Nebraska,this day of 2017 and this day of 2017 respectively. CITY OF OMAHA, A Municipal Corporation in Douglas County, Nebraska, Party of the First Part and also designated as Owner. By 4) p / /i 5 Mayor of the City of Omaha ATTEST: �t,W C2 ►� CAS J m Contractor(Firm Name) • City rk By President 442_,TCn (vet-, _ (SEAL OF THE CITY) By Secretary(Witness) APPROVED AS TO FORM: Assistant City Attorney Locust Glen North 19th Avenue Public Improvements (Re-Bid) Contract 00300-5 Bond No.NNE1430 SECTION 00400 PERFORMANCE AND PAYMENT AND BOND KNOW ALL MEN BY THESE PRESENTS: That Swain Construction,Inc. Omaha, Nebraska,hereinafter called the Principal,and Merchants National Bonding, Inc. hereinafter called the Surety, are held and firmly bound unto the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, hereinafter called the Owner, in the penal sum Of Seventy One Thousand Three Hundred Ninety Eight&20/100($71,398.20 ), lawful money of the United States of America,to be paid to the Owner for the payment whereof the Principal and Surety hold themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present. WHEREAS,the Principal has,by means of a written Contract dated the—day of ,2017, entered into a Contract with the Owner for the performance by the Principal,as General Contractor, of Locust Glen North 19th Avenue Public Improvements(Re-Bid)all in Omaha,Douglas County, Nebraska,for the City of Omaha,in accordance with the plans and specifications prepared for Owner, which Contract is made a part hereof by reference thereto the same as though fully set forth herein: NOW THEREFORE,the conditions of this obligation are such that: FIRST: If the Principal shall faithfully perform the Contract on his part,shall satisfy all claims and demands incurred for the same, shall fully indemnify and save harmless the Owner from all cost and damage which said Owner may suffer by reason of failure so to do,and shall fully reimburse and repay said Owner all outlay and expense which said Owner may incur in making good any such default;and, SECOND: The Principal shall indemnify and save harmless the City of Omaha,its officers,employees,and agents from all claims,suits or actions of every kind and character 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 and subcontractors,in performing under said Contract,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 and subcontractors:and,also from all claims of damage for infringement of any patent in fulfilling said Contract;and • THIRD: The Principal and Surety on this bond hereby agree to pay all persons,firms or corporations having Contracts directly with the Principal or with subcontractors all just claims due them for the payment of all laborers and mechanics for labor which shall be performed, for the payment of all materials and equipment furnished, and for the payment and equipment rental which is actually used or rented in the performance of the Contractor on account of which this bond is given,when the same are not satisfied out of the portion of the Contract price which the Owner may retain until completion of the construction;and, FOURTH: The Principal shall guarantee all materials, workmanship, and the successful operation of all equipment and apparatus installed by him for a period of two(2)years from the date of substantial completion of the whole work, and shall guarantee to repair or replace, at his own expense, any part of the structures or apparatus which may show defect during the time, provided that such defect is, in the opinion of the Construction Specialist or City's Representative,due to imperfect material or workmanship,and not to careless and improper use: Then this obligation shall be null and void;otherwise,it shall remain in full force and effect. Any Surety on this bond shall be deemed and held,any Contract to the contrary notwithstanding,to consent without notice: Locust Glen North 19th Avenue Public Improvements(Re-Bid) Performance, Payment And Maintenance Bond 00400.1 1. To any extension of time to the Principal in which to perform the Contract. 2. To any change in the plans,specifications or Contract,when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than five(5)years from time of acceptance of the work to sue on this bond for defects in workmanship or material not discovered or known to the obligee at the time such work was accepted. SIGNED AND SEALED the day of ,2017 in the present of: Swain Construct-n,Inc. Contractor(Fir ame) — By Witness Tit e En- reS+ COUNTER SIGNED: EzLA� Merchants National Bonding, Inc. Resident Agent Cameron M.Burt Surety APPROVED AS TO FORM: /l J go,' City Attorney Attorney-in-Fact Dio e R. u Locust Glen North 19th Avenue Public Improvements(Re•Bid) Performance, Payment And Maintenance Bond 00400-2 ■....N SWAICON-01 JULIE ACORO" DATE(MM/DD/YYYY) `.---- CERTIFICATE OF LIABILITY INSURANCE 12/27/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of suchppendorsement(s). PRODUCER NAMEACT Julie Hildreth Quinn Insurance Inc 11815 M Street,Suite 200 (A/CNNo,Ext):(402)894-7496 FAX No): Omaha,NE 68137 E-MAIL URIEss:Jhildreth@quinninsurance.com INSURER( )AFFORDING COVERAGE NAIC# INSURER A:Bitco 20095 INSURED INSURER B: Swain Construction,Inc INSURER C: 6002 North 89th Circle INSURER D: Omaha,NE 68134 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POUCY NUMBER /YPOUCY EFF POUCY EXP LIMITS LTR INSD WVDIMMIDDYYYI IMM/DDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CLP3647195 01/01/2017 01/01/2018 DAMAGES(RENTED 300,000 X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY 'Cf LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE UABIUTY _(_Ea accident) $ X ANY AUTO CAP 3647196 01/01/2017 01/01/2018 BODILY INJURY(Per person)_ $ OWNED SCHEDULED AUTOSRE� ONLY AUTOS BODILYBODILY INJURY(Per accident) $ X AUTOS ONLY X AUTO ONLY PROPERTY a dentDAMAGE $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE CUP2811930 01/01/2017 01/01/2018 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ A COMPENSATIONWORKERS X STTUTE .NI- AND MOYS' AUTY WC3647194 01/01/2017 01/01/2018 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Omaha THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Planning Dept Permits&Inspections Division 1819 Famam St#1110 AUTHORIZED REPRESENTATIVE Omaha,NE 68183 \ I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ' t MERCH,A_NTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Anne Crowner;Brian M Deimerly;Cameron M Burt;Cindy Bennett;Craig E Hansen;Dana Wiebers;Dione R Young;Jay D Freiermuth;Jody Decker;Kami Brower;Kathleen Brewer;Kevin J Knutson;Michelle R Gruis;Shirley S Bartenhagen;Stacy Venn;Tim McCulloh their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute 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." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 7th day of November , 2017 ..............10N •• NG C••. 0 ,ORPp y• MERCHANTS BONDING COMPANY(MUTUAL) h 4 �''• y'S �• �• V �;� •: MERCHANTS NATIONAL BONDING, INC. v c� 2 2003 ?�, ;d' 1933 �•Z• By e/dvz•r? 7:74, 0. ; •,��. ' •........:,°° . ••d'�iW.. ;.. ..�.d « President STATE OF IOWA •............. COUNTY OF DALLAS ss. On this this 7th day of November 2017 , before me appeared Larry Taylor, to me personally known,who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. cUA/. ALICIA K.GRAM 0 Commission Number 767430 z My Commission Expires iowt^ April 1,2020 \4. Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of , 2017. h.20 4 2.ZQ,: ••• VO q `• '+r!'. +c.j 0u"�'-.+IYI•e":4. _ 2003 ;; •"z' 1933 c• Secretary •......•POA 0018 (3/17) ........... SECTION 00500 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION PART 1 —GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract,including General and Supplementary Conditions and Division -1 Specification sections,apply to work of this section. PART 2—GENERAL CONDITIONS OF THE CONTRACT 2.01 CONTRACT CONDITIONS: A. The Contractor agrees to furnish all tools, labor, mechanics for labor, equipment and materials to perform the work in a good substantial and workmanlike manner in accordance with the aforesaid plans, specifications and addenda. B. All provisions of aforesaid plans,specifications and addenda shall be strictly complied with and conformed to by Contractor,the same as if re-written herein,and no substitution or change in said plans,specifications and addenda shall be made except upon written consent or written direction (the form of either of which shall be a written"AIA Change Order")of Owner and/or the Owner's Representative. Any such substitution or change shall in no manner be construed to release either party from any specified or implied obligation of the aforesaid plans,specifications and addenda except as specifically provided for in the Change Order. C. This Contract is entered into subject to the following conditions: 1. Contractor does hereby state, warrant and covenant that it has not retained or employed any company,or person,other than bona fide employees working for said Contractor,to solicit or secure this Contract,and that 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 of violation of this statement, warrant, and covenant, the City of Omaha shall have the right to annul this contract without liability. 2. Contractor shall comply with all Municipal Ordinances and State and Federal Laws relating to, or applicable to,this work. 3. Contractor shall furnish Performance, Payment and Maintenance Bond in an amount at least equal to one hundred percent(100%)of the Contract price,and shall maintain during the life of the Contract, Fire, Workmen's Compensation, Public Liability and Property Damage insurance, all as required in the aforesaid specifications and addenda. 4. Owner,its employees and representatives,and the Owner's Representative shall have access to the work wherever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and inspection by them. Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500-1 5. The Contractor shall indemnify and save harmless the City of Omaha, its officers, employees, and agents from all claims,suits or actions of every kind and character made upon or brought against the said City of Omaha,its officers,employees and agents,for or on account of any injuries or damages received or sustained by any party or parties by or from the acts of the said Contractor or its servants, agents 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, and subcontractors; and also from all claims of damage or infringement of any patent in fulfilling this Contract. 6. 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 ("Certification of Contribution Status"-form "NEBRUI Form 16") certifying that all payments due of contributions or 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 ten percent(10%)of the total amount of this Contract shall be withheld until this provision has been complied with. 7. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin as defined by the Americans with Disabilities Act of 1990 and Omaha Municipal Code Sec 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. The Contractor shall take all actions necessary to comply with the Americans with Disabilities Act of 1990 and Omaha Municipal Code, (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated"shall mean and include,without limitation,the following: Recruited,whether advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off;and terminated. The Contractor agrees to and shall post in conspicuous places,available to employees and applicants for employment,notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 8. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race,religion,color,sex,age,sexual orientation,gender identity,disability or national origin as recognized under 42 USCS 12101 et seq. 9. The Contractor shall send to each labor union or representative of workers with which they have a • collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor's commitments under the Equal Employment Opportunity Clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 10. The Contractor shall furnish to the Contract Compliance Officer all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations,and including the information required by Sections 10-192 to 10-194,inclusive, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs (7)through (13) of this subsection and only Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500-2 after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. 11. The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs (7) through (13) herein, including penalties and sanctions for noncompliance; however, in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division; and in the case of contracts receiving Federal assistance, the Contractor or the City may request the United States to enter into such litigation to protect the interest of the United States. 12. The Contractor shall file and shall cause their subcontractors, if any, to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with the Contract Compliance Officer. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and their subcontractors. 13. The Contractor shall include the provisions of Paragraphs (7) through (13) of this Section, "Equal Employment Opportunity Clause",and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor (refer to Specification Section 00205 for more detail). 14. Contractor shall pay all just claims due for the payment of all employees and mechanics for labor that shall be performed,for the payment of all material and equipment furnished,and for the payment of material and equipment rental which is actually used or rented in the performance of the Contract. 15. The Contractor shall guarantee their work for material and workmanship for a period of two(2)years after the date of"substantial completion"of his Contract,and should any defect be discovered in any of the work included in this Contract within the period of two (2) years from the "substantial completion"of this Contract,the repair of such defect and the cost of such repairs shall be borne by the Contractor under their Contract. a. Substantial Completion: Substantial Completion shall mean that in general, the Work, excluding minor punch list items and appropriate paperwork to close out the project is one hundred percent(100%)complete and ready for use by the Owner. 16. Contractor shall maintain fair labor standards in accordance with any valid laws of the State of Nebraska in the execution of this Contract. D. Upon receipt of written notice by Owner that the work is ready for final inspection and acceptance, the Owner's Representative shall promptly make such inspection and,when they find the work acceptable under the Contract and the Contract fully performed, they shall promptly issue a final certificate, over their own signature,stating that the work provided for in this Contract has been completed and is accepted by them under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before issuance of final certificate the Contractor shall submit evidence satisfactory to the Owner's Representative that all payrolls, material bills, and other indebtedness connected with the work have been paid. If,after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Construction Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500-3 Specialist so certifies, the Owner shall, upon certificate of the Owner's Representative and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 1. Standard forms to be used for project completion include, but may not be limited to: a. AIA Document G706-1994, "Contractor's Affidavit of Payment of Debts and Claims" or approved equivalent. b. AIA Document G706A-1994, "Contractor's Affidavit of Release of Liens" or approved equivalent. c. AIA Document G707-1994,"Consent of Surety to Final Payment",or approved equivalent. E. The Contractor shall procure a policy, or policies, of insurance which shall guarantee payment of compensation according to the Workers'Compensation laws of Nebraska for all workers injured in the scope of employment,and further agrees to keep said policy,or policies in full force and effect throughout the term of this Contract. In addition, all other forms of insurance referred to in the specifications shall be procured by the Contractor and kept in force and effect by it throughout the term of this Contract, and certificate or certificates of insurance shall be filed by Contractor with the City of Omaha. F. 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. Any violation of this section shall render the Contract voidable by the Mayor or City Council. G. Any subsequent agreement between the parties hereto or any matter whatsoever shall be in writing and executed by an authorized officer. 1. The parties hereto acknowledge that,as of the date of the execution of this contract,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(10%), 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. 2. 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. 2.02 THE CONTRACT AND CONTRACT DOCUMENTS: A. The contract documents, each of which is an essential part of the contract by and between the parties hereto,shall consist of the advertisement,the requirements for bidding and instructions to bids,the accepted proposal, the general conditions of the contract, the City Council resolution and purchase order, together Locust Glen North 19th Avenue Public Improvements(Re-Bid) • General Conditions Of The Contract For Construction 00500-4 with all of these identified documents, plans and drawings in existence at the time of the issuance of the purchase order and which define and show the work to be done and requirements in connection therewith. 2.03 CORRELATION AND INTENT OF DOCUMENTS: A. The contract documents are complementary. What is required,shown or specified by any one shall be as binding as if required by all. It is intended that the provisions set forth in the contract documents shall include all labor, equipment, and materials necessary for the complete and proper execution of the contract and that such materials shall be of the quality best suited for the uses to which they are to be put. It is not intended that one document shall take precedence over another. 2.04 RIGHT TO TERMINATE CONTRACTS A. The City of Omaha may terminate the employment of the Contractor without prejudice to any other right or remedy, upon certificate of the Construction Specialist appointed by the City Planning Department, that sufficient cause exists to justify such action and after giving the Contractor seven days'written notice, may take possession of the work and all materials,tools,and appliances thereon and thereat and may finish the work by whatever method it may deem expedient. B. This action may be taken for any of the following reasons: 1. If the Contractor becomes insolvent or is adjudged bankrupt; if they make a general assignment for the benefit of creditors or if a receiver be appointed to administer their business and assets. 2. If they persistently or repeatedly refuses or fails to supply enough properly skilled workmen or proper materials as specified. 3. If they fail to make prompt payment of monies due to materials,men and to subcontractors. 4. If they persistently disregards laws, ordinances or instructions of the Owner or the Owner's Representative. 5. If they be guilty of a substantial violation of the contract. 6. If the rate of progress is not sufficient, in the opinion of the Owner or the Owner's Representative to ensure completion of the work within the contract time. C. In any such case,the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the work, including the cost of supervision, the excess shall be paid to the Contractor. If the expense of finishing the work exceeds the unpaid balance of the contract,the Contractor shall pay the difference to the City of Omaha. D. The amount of the expense incurred by the City Planning Department herein provided and of the damages incurred through the Contractor's default,shall be fixed by the certificate issued by the Owner or the Owner's Representative and approved by the City Planning Department. 2.05 ACCESS AND INSPECTION OF WORK Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500-5 A. The City Planning Department's appointed Representative shall hereinafter be referred to as the "Construction Specialist." B. The Construction Specialist shall have free access to the work at all times, and shall be entitled to receive all necessary information from the Contractor. It is not intended that the Contractor shall divulge any process of manufacture or confidential information which they are entitled, legitimately,to keep secret. C. If the specifications, the Construction Specialist's instructions, laws, ordinances, or any public authority requires special tests or approval of any work,the Contractor shall give the Construction Specialist and/or A& E timely notice of its readiness for inspection and, if the inspection is by an authority other than the Construction Specialist, of the date fixed for such inspection. The Construction Specialist and/or A&E will make inspections promptly. If any work is covered up without approval or consent of the Construction Specialist,it must be uncovered for examination, if so required,at the Contractor's expense. D. Re-examination of questioned work may be ordered by the Construction Specialist. If such work is found to be in accordance with the contract, the City Planning Department will pay the cost of re-examination and replacement. If such work is found not in accordance with the contract,the Contractor by whose fault the defect exists shall pay the cost. E. Any work rejected or condemned by the Construction Specialist and/or A & E, shall be torn down and corrected with reasonable promptness at the Contractor's expense. 2.06 DUTY OF CONTRACTOR A. The Contractor shall keep themselves fully informed at all times, regarding all details of the work, including not only installation of the structure,but also the condition of the work in the shops,wherever materials are under construction for any portion of any structure involving in any manner the work being furnished under this contract and they shall be responsible for all delays that may result in their failure to install their own work in proper manner and proper time. They shall study and compare all drawings, specifications and other instructions and shall report at once to the Construction Specialist and/or A&E any error,inconsistency or omission which they discover. 2.07 CONTRACTOR'S RESPONSIBILITY A. The Contractor shall be responsible for the completion of the work according to the plans and specifications and their responsibility shall not cease until the whole work contracted for is completed and accepted. The Contractor shall be responsible for and shall hold the City of Omaha harmless from any claims, liabilities, or costs for any damage arising from injury to persons or property in any way or B. anywhere,occasioned by their operations. 2.08 RELATIONS OF CONTRACTORS AND SUBCONTRACTORS: A. Names of subcontractors shall be submitted in writing to the Construction Specialist and approved before awarding the contract. The Contractor shall not employ any subcontractor not approved by the Construction Specialist. Locust Glen North 19th Avenue Public Improvements (Re-Bid) General Conditions Of The Contract For Construction 00500-6 B. By their acceptance of the contract of which these conditions are a part and in consideration of the payments promised to be made thereunder,the Contractor agrees: 1. That they are as fully responsible to the City of Omaha for the acts and omissions of their subcontractors and of persons either directly or indirectly employed by them as they are for the acts and omissions of persons directly employed by themselves; 2. To bind every subcontractor to the terms of the Contract Documents as far as applicable to their work; 3. To be bound to the subcontractor by all the obligations that the City of Omaha assumes to the Contractor, under the Contract Documents; 4. To pay the subcontractor, upon issuance of certificates, the amount allowed to the Contractor on account of the subcontractor's work, to the extent of the subcontractor's interest therein. Refer to Part 2.20, "PAYMENTS AND RETAINAGE" in Specification Section 00500, 'GENERAL CONDITIONS OF CONTRACT FRO CONSTRUCTION"; 5. To pay the subcontractor, upon the issuance of certificates, so that at all times their total payments shall be as large in proportion to the value of the work done by them as the total amount certified to the Contractor is to the value of the work done by them; 6. To pay the subcontractor, on demand, for their work or materials as far as executed and fixed in place, less the retained percentage at the time the certificates should issue, even though the Construction Specialist and/or A& E fails to issue any certificate for any cause not the fault of the subcontractor; 7. To pay the subcontractor,as their interest may appear,a just share of any insurance money; 8. To make no demand for liquidated damages or penalty for delay in connection with work under a subcontract in any sum in excess of such amount as may be named specifically in the subcontract, 9. That no claim for services rendered or materials furnished by Contractor to the subcontractor shall be valid unless written notice is given thereof by the Contractor to the subcontractor during which the claim originated;and 10. To give the subcontractor an opportunity to be present and submit evidence in any controversy involving their rights. C. Subcontracts shall be drawn so that,for proper consideration and in legal manner,the Subcontractor agrees: 1. To be bound to the Contractor by the terms of the Contract Documents and to assume towards them all obligations and responsibilities that they,by these documents,assumes toward the City of Omaha; and 2. To make all claims for extras,for extensions of time,and for damage for delays,or otherwise,to the ti Contractor in the manner in the General Conditions for like claims by the Contractor upon the City of Omaha. Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500-7 D. Whenever practicable, the Construction Specialist will furnish, on request, to any subcontractor, evidence of the amount certified to on their account but nothing contained herein or in any of the Contract Documents shall create any contractual relation between any subcontractor and the City of Omaha of any obligation on the part of the City of Omaha to make or to cause to be made any payments to any subcontractor. 2.09 SEPARATE CONTRACTS AND COOPERATION: A. The City of Omaha reserves the right to let other Contracts, or to employ its own forces for doing work adjacent to or immediately connected with work to be done under this Contract. B. The Contractor shall afford reasonable opportunity to other Contractors and workers to deliver and store their materials and to perform their work and shall connect and coordinate the Contractor's work with theirs properly. They shall cooperate with all other contractors and workers employed by the City of Omaha in such manner and to such extent as to facilitate the completion of the entire project in the shortest possible time. C. If any part of the Contractor's work depends for proper execution or results upon the work of any other,the Contractor shall inspect and report to the Construction Specialist promptly, any defects or features in the work of others that make it unsuitable for the proper execution of their own work. Their failure so to inspect and report shall constitute an acceptance of the work of others as fit and proper for the reception of their own work, except as to defects which may develop is the work of others after the execution of their work. To ensure proper execution of his subsequent work, the Contractor shall measure work already in place and shall report to the Construction Specialist and/or A&E at once,any discrepancy between the executed work and the drawings. 2.10 ROYALTIES AND PATENTS: A. The Contractor,as one of these services to be performed for the consideration named in the Contract,binds themselves to pay all royalty and license fees and protect and save harmless the City of Omaha from any claims and suits that may arise from infringement of any patent right or from the manufacture, sale,or use of the articles furnished by the Contractor under this Contract. 2.11 PERMITS AND REGULATIONS: A. The Contractor shall secure all permits, licenses and notices prior to construction operations and they shall notify the Construction Specialist in writing when same have been secured. City permits will be issued without fee. B. All work shall be done in accordance with Federal, State and Local Codes, Ordinances, Rules and Regulations. C. If the Contractor observes that the drawings and specifications conflict with any such regulation,they shall notify the Construction Specialist and/or A&E promptly in writing. If any changes are made necessary by such conflict, adjustments on account thereof shall be made in accordance with the terms of the article herein,entitled"Changes in the Work." D. If the Contractor performs any work, knowing it to be contrary to such laws, rules, and regulations, and without such notices to the Construction Specialist,they shall bear all costs and penalties arising therefrom. - 2.12 ADVERTISING Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500.8 A. The Contractor is permitted to erect such usual "job" signs as are in accordance with the direction of the City Planning Department,but no other advertising will be permitted on property under the jurisdiction of the said City Planning Department. 2.13 SANITATION A. The Contractor shall enforce among their employees such regulations in regard to cleanliness and in regard to care of premises as will be conducive to their health and as will tend to prevent the inception and spread of contagious or infectious diseases. They shall provide an ample supply of good drinking water and shall prevent the creation of a nuisance on the premises or upon adjacent property,streets and alleys. B. Necessary sanitary conveniences for the use of employees, properly secluded, shall be constructed and maintained by the Contractor in such manner and at such points as the Construction Specialist may approve. Their use shall be enforced. 2.14 COMPETENT FOREMEN,SUPERINTENDENTS AND EMPLOYEES: A. The Contractor shall keep on the work at all times, during the progress thereof, a competent Foreman or Superintendent and any assistants necessary. All employees must be satisfactory to the Construction Specialist. Persons in charge of the work for the Contractor shall not be changed except with the consent of the Construction Specialist. This provision, however, does not abridge the right of the Contractor to discharge persons not satisfactory to them. B. The person in charge of work under the Contract shall represent the Contractor in their absence and all directions given to them shall be binding as if_given to the Contractor. The Contractor shall give efficient personal supervision to the work and shall give it their best skill and attention. Any employee of the Contractor, who is considered incompetent or careless in their work, shall be removed on demand of the Construction Specialist and replaced by a competent person. 2.15 CONTRACTOR'S INSURANCE: A. The Contractor shall not commence work under Contract until they have obtained all insurance required in this article and until such insurance has been approved by the City Planning Department, nor shall the Contractor allow the subcontractor to commence work on their subcontract until all similar insurance required of the subcontractor has been so obtained and approved. B. Compensation Insurance 1. The Contractor shall take out and maintain during the life of the Contract, insurance for all of their employees employed at the site of project protecting the Contractor from all liability that may be imposed under the Workers'Compensation Act,the Occupational Disease Act or other legislation of similar nature;and,in case any work is sublet,the Contractor shall require the subcontractor similarly to provide such insurance for all the letter's employees unless such employees are covered by the protection afforded by the Contractor. C. Public Liability and Property Damage Insurance for Pro►ects Under$200,000.00 1. The Contractor shall take out and maintain, during the life of the Contract, such public liability and property damage insurance(including Contractor's contingent or protective insurance, if necessary, Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500-9 to protect the Contractor from damage claims arising from operation under the Contract) as shall protect them and their subcontractors from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under the Contract,including operations of automotive equipment used in making deliveries or in the work, whether such operations by themselves or by any subcontractor or by anyone directly or indirectly employed by either of them. The amount of such insurance shall be as follows: 2. Public Liability Insurance in an amount not less than$500,000 for injuries,including accidental death to any one person and subject to the same limit for each person in an amount of not less than $1,000,000, where more than one person is involved in any one accident; and property damage insurance in an amount not less than $500,000 and naming the City of Omaha as an additional insured for the term of the agreement. 3. The Contractor shall require subcontractors, if any, not protected under the Contractor's insurance policies to take out and maintain insurance of such nature in like amounts. D. Public Liability and Property Damage Insurance for Projects$200,000.00 and Over 1. The Contractor shall take out and maintain, during the life of the Contract, such public liability and property damage insurance(including Contractor's contingent or protective insurance, if necessary, to protect the Contractor from damage claims arising from operation under the Contract) as shall protect them and their subcontractors from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under the Contract,including operations of automotive equipment used in making deliveries or in the work, whether such operations by themselves or by any subcontractor or by anyone directly or indirectly employed by either of them. The amount of such insurance shall be as follows: 2. Public Liability Insurance in an amount not less than $1,000,000 for injuries, including accidental death to any one person and subject to the same limit for each person in an amount of not less than $5,000,000, where more than one person is involved in any one accident; and property damage insurance in an amount not less than $500,000 and naming the City of Omaha as an additional insured for the term of the agreement. 3. The Contractor shall require subcontractors, if any, not protected under the Contractor's insurance policies to take out and maintain insurance of such nature in like amounts. E. Contingent Insurance 1. In order to protect the City of Omaha from damage in any way during the progress of the work hereunder,the Contractor shall secure an Owner's protective liability policy with limits of not less than $250,000 for injury to one person and $500,000 for one accident and in any amount not less than $250,000 for damage to property,or Contractor's policy shall be extended by endorsement to include the City of Omaha as an additional insured,so far as coverage on this project is concerned. F. Certificate of Insurance I r • Locust Glen North 19th Avenue Public Improvements(Re-Bid) • General Conditions Of The Contract For Construction 00500-10 1. The Contractor shall furnish the City of Omaha with a certificate of insurance indicating the required coverage's as specified in this section,fifteen (15) calendar days prior to the award of the Contract and at any time subsequent thereto when such evidence is required by the City of Omaha. Before cancellation or termination of any said insurance or coverage, the Contractor shall require the insurance company to notify the City of Omaha in writing at least ten (10)calendar days in advance of such cancellation or termination or as soon as practicable. 2.16 USE OF PREMISES A. The Contractor shall confine their apparatus, the storage of materials and the operations of their workers/employees to limits indicated by law, ordinance, permits and directions of the Construction Specialist. They shall not encumber the premises unreasonably with their materials. B. They shall not load or permit any part of any structure to be loaded with a weight that would endanger its safety. They shall enforce the instructions of the Construction Specialist regarding signs,fires and smoking. 2.17 CONTACT WITH ADJACENT PROPERTY AND STRUCTURES: A. The Contractor shall provide adequate lateral support, by shoring or otherwise, to prevent damage to adjacent property by reason of their operations. They shall prepare and leave their work in a condition fit to receive the work of others where such connecting work is shown in drawings and specifications, or is reasonably implied therefrom. No changing,cutting, patching or revision of their own or other work shall be done by the Contractor except by consent or direction of the Construction Specialist and/or A&E. 2.18 PROTECTION OF WORK AND PROPERTY: A. The Contractor shall maintain continuously,adequate protection against damage for all their work and shall protect the property of the City Planning Department and all others from injury arising in connection with their acts. They shall make good any damage or injury to persons or property that may be occasioned directly or indirectly by their operations. Material or equipment and embankments or excavations on any thoroughfare shall be guarded with all necessary barricades and red lights. 2.19 MAINTENANCE OF ORDER: A. Good order shall be maintained at all times on the work and no intoxicated or disorderly persons shall be permitted on or about the site of the work. 2.20 PAYMENTS AND RETAINAGE A. When a Contractor has performed work in accordance with the provisions of the Contract,the Owner shall pay the Contractor within thirty(30)calendar days after receipt by the Construction Specialist of a payment request made pursuant to the Contract. Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500-11 1. When a subcontractor has performed work in accordance with the provisions of a subcontract and all conditions precedent to payment contained in the subcontract have been satisfied,the Contractor shall pay the Subcontractor and the Subcontractor shall pay his, her or its subcontractor,within ten (10)calendar days after receipt by the Contractor or subcontractor of each periodic or final payment, the full amount received for the subcontractor's work and materials based on work completed or service provided under the subcontract for which the subcontractor has properly requested payment, if the subcontractor provides or has provided satisfactory and reasonable assurances of continued performance and financial responsibility to complete the work. B. Payments will be made of ninety percent(90%) of the value of the work done in full compliance with the Contract during any calendar month, provided the progress made is such as to indicate the completion of all work under the Contract within the specified time. Contractor shall deliver to the architect their estimate of work done and material during any calendar month on or before the fifth day of the succeeding month. Ten (10) calendar days shall be allowed for checking Contractor's estimate, preparation of architect's estimate, approval of City Planning Department and issuing of pay voucher. The value of the work done and material delivered will be determined by the architect and approved by the City Planning Department. 1. If the scope of work for the contractor or subcontractor from which retainage is withheld is fifty percent (50%) complete and if the contractor or subcontractor has performed work in accordance with the provisions in the applicable contract, no more than five percent (5%) of any additional progress payment may be withheld as retainage if the contractor or subcontractor provides or has provided satisfactory and reasonable assurances of continued performance and financial responsibility to complete the work. 2. The remaining five percent (5%) shall be retained until the final completion of the work under the Contract, the issuance of final certificate by the Construction Specialist and/or A& E, approved by the City Planning Department and its acceptance by the City Planning Department and compliance with Part 2.01.C.6 of this Specification Section. In no case shall the Contractor be entitled to payment which, in the judgment of the Construction Specialist and/or A& E, will leave the balance withheld insufficient to complete the work. • C. The Owner or Owner's Representative shall release and pay all retainage for work completed in accordance with the provisions of the Contract within sixty(60)calendar days after the project,or a designated portion thereof, is substantially complete. When a Subcontractor has performed work in accordance with the provisions of a subcontract and all conditions precedent to payment contained in the subcontract have been satisfied, the Contractor shall pay all retainage due such subcontractor within ten (10)calendar days after receipt of the retainage. D. Standard forms to be used during construction and for payments include: 1. AIA Document G702,"Application and Certificate for Payment"(G702-1992)or approved equivalent. 2. AIA Document G703,"Continuation Sheet"(G703-1992)or approved equivalent. 2.21 CHANGES IN THE WORK: A. Changes Authorized: Without invalidating the Contract,the Park Planning Division may make any changes by altering,adding to or deducting from the work and adjusting the time and remuneration under the Contract accordingly. All such work shall be performed under the conditions of the original Contract except as to time and remuneration adjustments named above,which will be made at the time such changes are ordered. Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500-12 1. Except in cases of emergency, no change shall be made unless in pursuance of approval from the City of Omaha, signed by the Construction Specialist and/or A& E, stating that the City Planning Department has authorized the change. No claim for an addition to the remuneration under the Contract shall be allowed,except for work so ordered or authorized. B. Determination Of Amount To Be Paid Contractor: The amount due the Contractor for any such authorized change shall be determined by one of the following three methods as determined by the Construction Specialist and/or A&E. 1. Where such changes,additions or reductions, in the opinion of the Construction Specialist and/or A & E, may be classified and measured properly under the unit prices mentioned in the Contract for such work,the amount to be paid the Contractor shall be determined by the application of proper unit prices to the items of work involved in such changes,additions or omissions. 2. In cases where such changes, additions or omissions involve work not covered by the unit prices specified in said Contract, but where, in the opinion of the Construction Specialist and/or A & E, accurate preliminary estimates of the cost thereof can be made,additions to or deductions from the payments to the Contractor shall be determined either by: a. An agreed lump sum,or b. Agreed unit prices if applicable'. 3. If payment or deduction for such changes,additions or omissions is made in any of the three manners previously described, no allowance or percentage whatsoever shall be allowed to the Contractor in addition to the payment or in modification of the deduction determined as herein before specified. 4. In cases where such changes involve additions only and are of a character so distinct from other work under the Contract that their cost can be determined as the work progresses,payment for such work shall consist of actual cost as defined in Part 2.21.H, plus fifteen percent (15%) to cover i superintendence, general and incidental expense, profit, use of small tools and all other items not reflected in said actual cost. The Contractor's profit and overhead on Subcontractor's work shall not exceed a total of five percent(5%). In no event, regardless of whether the work involved is done by the Contractor or by their subcontractors, shall such percentage or cost of the work exceed twenty percent (20%) of such actual cost. The total cost of such work shall not exceed a predetermined maximum. 5. Mark Up Limitations: a. Work by General Contractor's Own Forces: 15% Maximum(General) b. Work by Sub-Contractor's Forces: 15% (Sub) 5%(General) 20% Maximum c. Work by Sub-Sub: 10% (Sub-Sub) 5% (Sub) Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500-13 5% (General) 20% Maximum C. Actual Cost Defined: Said actual cost shall mean the cost of material, labor and rental of equipment plus any taxes and additional performance bond premiums actually and necessarily paid in connection therewith. The cost of material shall be the actual cost thereof delivered at the site of the work together with sales tax thereon as shown by true copies of original invoices. The cost of labor shall be the amount actually paid to workmen therefor plus social security tax and premiums for workmen's compensation insurance actually paid in connection therewith. The cost of rental of equipment shall be determined by rates agreed upon by the parties hereto prior to the commencement of such additional work. In cases of emergency,if such price agreement is not practicable, the cost of rental of equipment shall be subject to the approval of the Construction Specialist and/or A&E. 1. In the determination of actual costs, the following will apply. In no case will prices allowed for materials delivered to the site of the work be in excess of prices for which such materials could have been obtained and delivered if purchased by the City Planning Department direct. In no case will the rate of pay allowed for each class of labor be in excess of the rate for such class as established in the Contract Documents for work under the Contract or when not shown in the Contract Documents, the local rates for such class established by current agreement with labor organizations. In no case, will the rate allowed for rental of equipment be in excess of the local rate customarily charged for rental of such equipment or the rate for which the use of such equipment could be obtained by the City Planning Department. D. Records And Accounts Required: The Contractor shall keep accurate records and shall submit correct copies of quantities and costs in connection with all changes herein discussed. The A& E will examine quantities and accounts and will certify to amounts due the Contractor for additional work or to amounts to be deducted from the Contract price. 1. The Contractor shall submit correct estimates of quantities involved in all such changes,and where costs are involved shall keep and present accounts with vouchers in such form as the Construction Specialist and/or A& E may direct. The A&E will check quantities and accounts and will certify to amounts they find to be due the Contractor or the amounts to be deducted from the Contract price. When the Construction Specialist and/or A & Es Certificates are approved by the City Planning Department, payments shall be made to the Contractor in the same manner as provided for payments on the General Contract. 2.22 CLAIMS FOR EXTRAS: A. If the Contractor claims that any instructions given by drawings or otherwise,involve extra cost in connection with their work under the Contract, they shall give written notice thereof to the City Planning Department before proceeding with the work and within two weeks after receiving such instructions. No claim for extra compensation will be considered unless so made. In case any claim for extras is allowed, the amounts allowed to the Contractor therefor and payments therefor shall be determined and made in accordance with the provisions of the foregoing section entitled"Changes in the Work."All payments for extra work performed shall be made using the AIA document for Change Orders. • Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction • 00500-14 2.23 EMERGENCIES: A. In an emergency endangering the safety of life or property,the Contractor is hereby permitted to act at their own discretion and without special instructions or authorization from the Construction Specialist and/or A& E, to prevent such threatened loss or injury. They shall act in such emergency as if so instructed or authorized by the Construction Specialist and/or A&E. 2.24 CORRECTIONS OF WORK BEFORE FINAL PAYMENT: A. The Contractor shall remove from the premises promptly, all material condemned by the Construction Specialist and/or A & E because of failure to conform to the Contract whether such material has been incorporated in the work or not. The Contractor shall replace and re-execute their own work promptly, in accordance with the Contract without expense to the City Planning Department. Also, they shall bear the expense of making good all work of other contractors by revision of their own work. B. If the Contractor does not remove such condemned work and materials within a reasonable time,fixed by written notice, the City Planning Department may remove them and store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal within five (5) calendar days after notice, the City Planning Department, upon ten (10) calendar days' written notice, may sell such material at auction or at private sale and credit the Contractor with the net proceeds thereof,after deducting all costs and expenses which should have been borne by the Contractor. 2.25 CORRECTION OF WORK AFTER FINAL PAYMENT: A. Neither the final certificate, nor any payment nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship. They shall remedy any defects due thereto and shall pay for any damage to other work resulting therefrom,which appear within a period of one(1)year after the completion date reported to the City Planning Department by the Construction Specialist. The Construction Specialist will give notice of observed defects with reasonable promptness. 2.26 DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION: A. The time for completion of the work contemplated will be specified in the proposal and contract and it is understood that the completion of the work within the time specified is an essential part of this contract. If the Contractor finds it impossible to complete the work on or before the time for completion specified in the Contract, then, not less than ten (10) calendar days prior to the expiration of the stipulated time for completion,they may make written request to the City Planning Department for an extension of time. They shall set forth fully in their request the reasons which they believe justify the granting of their request. If the City Planning Department finds that the work was delayed because of conditions beyond the control of the Contractor or that the quantities of work done are in excess of the estimated quantities by an amount sufficient to warrant additional time, they may grant an extension of time for completion to such date as appears reasonable and proper, which extension of time must be approved by the surety. The extended time for completion shall then be considered as in full force and affect the same as if it were the original time for completion. 2.28 LIENS AND SUITS Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500-15 1 A. Neither the Contractor nor any subcontractor, supplier or materials, nor any other person shall file or maintain against the City Planning Department a lien, commonly called a mechanic's lien, for materials delivered for use in or work done in the performance of their contract and the right to maintain such lien for any or all of the above named parties is hereby expressly waived. B. Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the City Planning Department, a complete release of all claims arising out of this Contract,or receipts in full in lieu thereof,and if requiring in either case,an affidavit that so far as they have knowledge or information,the releases and receipts include all the labor and material for which a lien could be filed, but if any subcontractor refuses to furnish a release or receipt in full,the Contractor may furnish a bond satisfactory to the City Planning Department against any lien or suit. C. The Contractor shall and will indemnify, save harmless and defend the City Planning Department and its agents and employees from any and all suits,actions,legal proceedings,claims,demands,damages,costs, expenses and attorney's fees in any manner caused by,arising from,incident to,connected with,or growing out of the performance of the work under this contract. 2.29 ASSIGNMENTS: A. No assignment by the Contractor of any principal construction contract or any part thereof, or of the funds to be received thereunder by the Contractor will be valid unless such,assignment has had the prior written approval of the City Planning Department and the surety has been given due notice of such assignment in writing. B. No assignment will receive approval unless the instrument of assignment contains a clause to the effect that it is agreed that the funds are to be paid to the assignee under assignment, are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said Contract in favor of all persons,firms or corporations rendering such services or supplying such materials. 2.30 RIGHT TO DECIDE QUESTIONS: A. The City Planning Department reserves the right to decide all questions as to the proper performance of the work and the quality and quantity of materials furnished hereunder and further reserves the right in cases of improper construction or of the furnishing of defective or inadequate materials or the noncompliance with any of the terms and conditions of this Contract on the part of the Contractor, to suspend the work and to • reject such defective materials or if improperly performed,to order the partial or entire reconstruction of said work or to declare this Contract forfeited, and to determine the amount of damages which the Contractor shall pay to the City Planning Department in case damage is suffered by reason of such defective materials, improper work or noncompliance with the terms of the Contract upon the part of the Contractor. 2.31 SAMPLES AND OR SHOP DRAWINGS: A. The Contractor shall furnish to the Construction Specialist and/or A& E samples and/or shop drawings of any materials which they propose to use in the progress of the work at the request of the Construction Specialist and/or A& E. All material used on the work and for which samples have been approved, shall ,— fully conform to the samples. Refer to Division 1,Section 01300:"Submittals"for additional information. 2.32 INTERFERENCE: Locust Glen North 19th Avenue Public Improvements (Re-Bid) General Conditions Of The Contract For Construction 00500-16 A. The Contractor shall conduct the work so that there will be no interference with the work of other work which may be in the progress. In case of dispute between Contractors in the project, the decision of the City Planning Department shall be final and binding upon both parties hereto. The Contractor, at their own expense,shall repair any damage occasioned by them to machinery,equipment,masonry,building or other property of the City Planning Department or other contractors or work under construction. 2.33 CHECKING PLANS: A. It is understood and agreed that the Contractor shall check all plans,drawings and specifications furnished by the City Planning Department and shall be fully responsible for dimensions, quantities, quality and coordination with other parts of the work under this Contract. 2.35 LINES AND GRADES: A. The Contractor shall set their own stakes for alignment and grade before proceeding with the work. Contractor will be held responsible for the lines and grades after same have been established and checked. Refer to Division 1, Section 01050, "Field Engineering-Surveying"for additional information. 2.36 CLEANING UP: A. The Contractor shall at all times keep the premises free from accumulations of waste material or rubbish caused by this work, and at the completion of the work they shall remove all their rubbish from and about the project site and all their tools, scaffolding, surplus materials and shall leave their work"broom clean," unless more exactly specified. 2.37 INTERPRETATION OF"OR APPROVED EQUIVALENT": A. The use of trade names, with a notation such as "or approved equivalent" in these specifications is to establish quality required; there is no attempt to limit competitive bidding, but in like manner, quality specified will be rigidly maintained. B. The words or phrases"approved", "equivalent to", "as directed", etc. are interpreted and will be taken to mean "to the satisfaction of the Construction Specialist". C. Where three or more proprietary names are specified and the phrase"or approved equivalent"is omitted, no substitute products will be considered. Bids must be based on the named products. 2.38 SUBSTITUTIONS: A. No substitution will be considered prior to the receipt of Bids unless written request for approval has been received by the Construction Specialist at least ten(10)calendar days prior to the date for receipt of Bids. B. No Substitutions will be considered after the Contract is awarded except under the following conditions. 1. The product specified is no longer available. Contractor shall furnish written proof that such a situation exists along with the appropriate submittals for the substitution. Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500-17 4 � 2. Delay in obtaining the specified item will result in a long delay in the completion of the project. Contractor shall submit written proof from the manufacturer regarding the delay. 3. The substitution, if accepted will result in a"substantial"savings to the Owner. 4. In all three cases outlined above,the Owner will make the final decision. C. Document each substitution request with complete data substantiating compliance of proposed Substitution with Contract Documents. D. A substitution request constitutes a representation that the Contractor: 1. Has investigated proposed Product and determined that it meets or exceeds the quality level of the specified Product. 2. Will provide the same warranty for the Substitution as for the specified Product. 3. Will coordinate installation and make changes to other"Work"which may be required for the"Work" to be complete with no additional cost to the Owner. 4. Waivers claims for additional costs or time extension,which may subsequently become apparent. 5. Will reimburse the Owner for review or redesign services associated with re-approval by authorities. E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data , submittals, without separate written request, or when acceptance will require revision to the Contract Documents. 2.39 HAZARDOUS MATERIAL: A. In the event the Contractor encounters material on site reasonably believed to be a CERCLA hazardous substance in concentrations that may constitute a substantial hazardous waste as defined in 40 CFR Part 261 that has not be rendered harmless,the Contractor may test(at the Contractor's expense)the suspected material using the appropriate EPA technology.If the material is determined to be hazardous,the Contractor shall immediately stop work in the affected area, safely secure the work site, and immediately notify the Construction Specialist. The Contractor shall continue work in other areas of the project unless otherwise directed. B. The Contractor shall treat abnormal conditions with extreme caution. The Contractor shall meet the requirements and regulations of all applicable Local, State and Federal Agencies when handling, transporting and disposing of hazardous material or toxic waste. C. Unless specifically addressed in the contractor documents, handling, processing, and/or disposing of such hazardous material shall be considered outside of the scope of the contract.Additional work associated with Locust Glen North 19t"Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500-18 handling, processing and/or disposing of the hazardous waste or materials will constitute Extra Work and will be reimbursed as such. D. The City of Omaha shall not consider the Contractor the"Generator, Owner or Responsible Party"for any hazardous waste or hazardous material discovered in the normal performance of work associated with this contract, nor during the performance of any"Extra Work"unless such material has been brought to the site by the Contractor. E. The Contractor shall maintain sole responsibility for workers'health and safety including,but not necessarily limited to,interpreting monitoring or sampling results provided by the City or any other governmental agency, or performing Contractor's own monitoring or sampling to ensure worker health and safety. 2.40 OCCUPATIONAL SAFETY AND HEALTH ACT: A. The Contractor shall comply with the requirements of the Occupational Safety and Health Act of 1970 and the Construction Safety Act of 1969, including all standards and regulations which have been promulgated by the Governmental Authorities which administer such Acts and said requirements, standards and regulations are incorporated herein by reference. B. The Contractor shall comply with said regulations, requirements and standards and require and be directly responsible for compliance therewith on the part of their agents, employees, material men and subcontractors and shall directly receive and be responsible for all citations, assessments, fines or penalties which may be incurred by reason of his failing to so comply. C. The Contractor shall indemnify the City of Omaha and the Construction Specialist and save them harmless from any and all losses, costs and expenses, including fines and reasonable attorney's fees incurred by the City of Omaha and the Construction Specialist by reason of the real or alleged violation of such laws,ordinances, regulations and directives,federal,state and local,which are currently in effect or become effective in the future, by the Contractor,their subcontractors or material men. 2.41 AMERICANS WITH DISABILITIES ACT(ADA): A. The Contractor shall comply with the requirements of the Americans with Disabilities Act(ADA), including all standards and regulations which have been promulgated by the Governmental Authorities which administer such Act and said requirements, standards and regulations are incorporated herein by reference. B. The Contractor shall comply with said regulations, requirements and standards and require and be directly responsible for compliance therewith on the part of his agents, employees, material men and subcontractors and shall directly receive and be responsible for all citations, assessments, fines or penalties which may be incurred by reason of their failing to so comply. C. The Contractor shall indemnify the City of Omaha and the Construction Specialist and save them harmless from any and all losses, costs and expenses, including fines and reasonable attorney's fees incurred by the City of Omaha and the Construction Specialist by reason of the real or alleged violation of such laws,ordinances, regulations and directives,federal,state and local,which are currently in effect or which become effective in the future, by the Contractor,their subcontractors or material men. 7-- Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500-19 , 2.42 NEW EMPLOYEE WORK ELIGIBILITY STATUS(LB 403) A. As of October 1, 2009, Contractors are required to use E-Verify to determine work eligibility of new employees who are physically performing services within the State of Nebraska. B. The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within Douglas County. A federal immigration verification system means the electronic verification of the work - authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,8 U.S.C. 1324a, known as the E-Verify Program,or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. C. If the Contractor is an individual or sole proprietorship,the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us . 2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE)Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. D. If you have any questions go to the Department of Administrative Services website at www.das.state.ne.us 2.43 RESPONSIBLE CONTRACTOR FORM (SEC. 10-108) A. In addition to any other requirements contained in sections 5.17 of the Home Rule Charter of the City of Omaha, 1956, or any other ordinances contained herein, all bidders seeking to contract with the city bid must complete a Responsible Contractor Form and submit it with the bid documents at the time of the bid opening. Failure to submit the Responsible Contractor Form at the time of the bid opening will result in the bid being rejected. The Human Rights and Relations Department shall develop a form which shall contain express provisions requiring the contractor to certify that: 1. The contractor will not knowingly employ or hire an employee not lawfully authorized to perform employment in the United States and that the contractor and all subcontractors shall use and E-Verify system to determine work eligibility. 2. The contractor will not knowingly violate Nebraska's Misclassification of Employees laws or Nebraska's Fair Labor Standards laws. • Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500-20 3. The contractor has not been convicted of any tax violations within the last three (3) years from the date the bid is submitted. 4. The contractor has not been convicted of any criminal, repeat or willful violation of the Occupational Safety and Health Act(OSHA) or been convicted of three (3) separate OSHA violations within the last three(3)years from the date the bid is submitted. 5. The contractor will make a good-faith effort to ensure that all subcontractors employed on the project comply with the provisions of the Responsible Contractor Form. B. Filing false information with a city official is unlawful under section 20-26 of this code and is punishable by fines and up to six(6)months in jail. In addition to potential criminal penalties,a contractor or subcontractor who is found to have provided false information on the Responsible Contractor Form is subject to immediate disqualification from city contracts and may be prohibited from any future contracts for a period of ten (10) years. END OF SECTION Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Conditions Of The Contract For Construction 00500-21 } SECTION 01015 SUMMARY OF WORK PART 1 -GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including, General and Supplementary Conditions, and Division-1 Specification_sections apply to,work of this.section. 1.02 WORK COVERED BY CONTRACT DOCUMENTS: A. The.project Consists,of the constrwction1renQvation of: 1. Project.Location: North 19th Avenue between Locust Street to Corby Street 2. Owner:, City of Omaha, Planning. Department, Omaha/,Douglas, Civic Center,, 1819 Farnam Street, Suite 1100, Omaha, Nebraska, 68183; Edward Dantzler, phone: 402-444-5150,ext. 2009; fax: 402-444-5201. B. Contract documents,,dated.October 25,2017 were prepared by the City Planning Department of the City of Omaha, Omaha/Douglas,. Civic Center,. 1819 Farnam Street, Suite 1100,, Omaha, Nebraska 681.88; Edward Dantzler,, voice: 402-444-5150, ext. 2009; fax: 402444-5201; e-mail: Ed.Dantzler@cityofomaha.org C. The work consists,of the construction of 7"thick PC concrete pavement located in North 19th Avenue "right of way" between Locust to Corby Streets D..� The work will,be constructed under a single prime contract. E. Contract completion date shale be: 1. See Specification Section 00200, "Instructions To Bidders", Part 2.14, "Computing Completion Date"for the completion.Date for this project., 1.03 WORK UNDER OTHER CONTRACTS: A. Not Used in this,Section.: 1 Locust Glen.North 19th Avenue Public Improvements(Re-Bid) Summary of Work 01015-1 1.04 CONTRACTOR USE OF PREMISES—GENERAL: A. On-site and offsite traffic and exit ways shall not be blocked by construction vehicles, parked vehicles, I • material storage and other construction operations. B The.Contractor shall confine his apparatus,storage e of materials supplies,equipment and operations to the areas bounded' by the. Contract and on-site limits as directed by the Construction, Specialist., Coordination with the City of Omaha is essential in this matter. 1 C. The Contractor shall be responsible for keeping the premises clean and shall pick up rubbish and debris. daily. 1.05 OCCUPANCY REQUIREMENTS: A. The Owner reserves,the right to place and install equipment in completed areas of the project prior to_. "Substantial' Completion", provided doing so does not interfere with completion- of the work. Such I J placement of equipment shall not constitute acceptance of the total work. B. The Construction Specialist will prepare a "Certificate of Substantial Completion" prior to, the Owner occupancy. 1.06 OWNER-FURNISHED PRODUCTS: A. Not Used in this Section. 1.07 GUARANTEE: A. The.Contractor and each subcontractor shall guarantee that all materials,and workmanship shall be free from original defects or against injury from proper and usual wear,when used for purposes intended,for two(2),years after date of"Substantial Completion"„ Where guarantees or warranties are written in any of the Divisions for longer terms, such longer terms shall apply from the final acceptance date.. I B. The.Contractor shall,in case of work performed by his Subcontractors or where guarantees are required, secure warranties from said. Subcontractors and deliver copies of same to the Construction Specialist upon completion of the work. C. All portions of the work shall also be maintained in perfect condition during this period. Such written, guarantees as may be requested shall be submitted in duplicate at the completion of the work. These g specific guarantees be supplementary to and not in any way canceling s-ecific which apply to various,portions of the work. Locust Glen North 19th Avenue.Public.Improvements(Re-Bid) Summary of Work 01015-2 Q. If, in the Contractor's opinion, any work is shown on the drawings or called for in Specifications in such manner as to make it impossible for him to produce and guarantee a first-class;piece of work, he shall refer the same to the construction Specialist before proceeding. 1.08 GENERAL COORDINATION:. A. There shall be cooperation and coordination with respect to time,space,work,etc.,between the General I 1 Contractor, Subcontractors and all other Contractors and no claim for extra compensation or extension. of contract time will be allowed for conditions resulting from lack of said cooperation and coordination. B, The.Contractor shall promptly notify the Planning Department of all errors,omissions or discrepancies which he finds on the. Drawings, and he shall not proceed with work involved in such errors,, omissions,; I R or discrepancies until instructions are'given by the Construction Specialist and/or A&E. The Contractor 1 shall be responsible for seeing that all tests.and inspections are conducted as required, PART 2,PRODUCTS Not used in this Section. PART 3-EXECUTION Not used in this Section. END OF SECTION Locust Glen North 19th Avenue Public Improvements(Re-Bid) Summary of Work 0.1015-3 SECTION 01020 SITEWORK INSTRUCTIONS PART 1 .GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General, and Supplementary Conditions and. Division-1 Specification sections apply to work of this section. 1.02 EXISTING CONDITIONS AND MEASUREMENTS: A. The Contractor will be held to have examined the premises and satisfied themselves with:the conditions which would in any manner affect the work under the contract,and no later claims for extra compensation for labor, materials and equipment which could have been foreseen by such examination will be recognized. The Contractor, shall take all necessary measurements for their work,at the site_, and shall, verify all measurements given.on the.Drawings. B. Questions regarding the Plans and the Specifications and Technical Documents should be addressed to: Edward Dantzler, Development Section Manager, City Planning Department, 1819 Farnam Street Suite 1100, Omaha, Nebraska 68183; phone: (402)444-5150, ext. 2009; fax: (402) 444-520.1; e-mail:: Ed.Dantzler@cityofomaha.org 1.03 DEFINITIONS: A. Standard Specifications.Definitions: "Standard Specifications" referred to herein means the"City of Omaha Standard Specifications for Public Works Construction", 2014 Edition, and current revisions., 1. The word"Engineer" in the Standard Specifications shall be construed to mean the Construction Specialist, B. AASHTO; Reference to AASHTQ refers by number, letter,or both,to the latest standard or tentative standard of the America_n Association of State Highway and Transportation Officials,as to material specification or methods of testing,whichever the case may be. C. ASTM: Reference to.ASTM refers by number,,letter;,or both,,to the latest standard or tentative standard of the American Society of Testing and Materials as to material specifications or methods of testing,whichever the case may be. D. AAN: Reference to W.N.refers to.American Association of Nurserymen, Locust Glen North 19th Avenue Public.Improvements(Re-Bid) Sitework Instructions 010204 E. ANSI: Reference to ANSI refers by number,,letter, or both, to the latest standard or tentative standard of the American National Standards.Institute, Inc.as to material specifications or methods of testing, whichever the case may be., 1.04 ORDER OF CONSTRUCTION:. A. All work under this division shall be adapted to the progress and order of construction of other work under the project, and to this end, the.Contractor shall carry out thiss part of the work in such an order as the Construction Specialist may direct, 13, The Contractor shall exercise all necessary care to cause no damage to subsurface improvements and''. shall restore to its previous condition any such work damaged by his operation at his own expense. C. Any and all areas outside the contract limit lines that may be disturbed during,the progress of the work shall be restored as directed by the Construction,Specialist to their original condition at the Contrac_tor's expense, 1.05 PROTECTION OF PROPERTY: A. The work under this Contract shall be executed in such a manner that no damage or injury will occur to the public,,to all properties and structures off or on the site which may be in any way affected by the operations under the Contract,, to streets, paving, gas, water, electrical or any other pipes, mains, conduits, overhead utility wires, existing,trees and vegetation, and to all other property. Should any damage or injury be caused by the Contractor, or anyone in his employ, or by the work under this Contract, the Contractor shall, at his own expense, make good such damage and assume all responsibility for such without cost to the Owner. 1.06 INTENT: A. These Specifications, with the accompanying Drawing(s), are intended to describe and illustrate all material,labor and equipment necessary for the purchase and installation of work as described in Section 010,15,"Summary..of Work". 6. For convenience of references, these Specifications are separated into titled Divisions. and Sections. Such separations shall not,however,operate to make the Construction Specialist an,arbiter to establish limits to contracts between the Contractor and Subcontractors.. The Division of the.Specifications do not. necessarily define the limits of the Contractor's subcontracts, the work of any one subcontract may include items specified in several Divisions or Sections. The.General Contractor may sublet work as he. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Sitework Instructions 01020-2 sees fit,but it is his responsibility to see that all work shown:on the Drawings and/or specified is completed'. in accordance with the Contract. C. All materials shall be furnished'.and all work shall be accomplished in strict accordance with the grades or standards of materials, standard of workmanship, and manufacturer's specifications listed or mentioned in these documents. D, The listing or mention of materials shall be sufficient indication that all such materials shall be furnished by the Contractor, in accordance with the grades or standards indicated, free from defects impairing strength,durability or appearance and in sufficient quantity for the proper and complete execution of the work, unless,specifically stated otherwise. E. The listing or mention of any method of installation,erection,fabrication or workmanship shall not operate to make.the Contractor an agent, but shall be for the sole purpose of setting a standard of quality for the. finished work. The Contractor is free to use any alternate method, provided'!only that, prior to the start of such work, such an alternate method is approved in writing by the Construction Specialist, resulting in a quality equal to that intended by these documents. Unless an alternate method is approved, all work shall be in strict accordance with all methods of installation, erection,fabrication and workmanship listed or mentioned herein. 1.07 CORRELATION OF DRAWINGS AND SPECIFICATIONS: A. In general,the specifications will describe the"quality"'of the work and the drawings,the"extent"of the work. The drawings and specifications are cooperative and supplementary,and each item;of the,work is not necessarily mentioned in both the drawings and the specifications.. All work necessary to complete the project,so described is to be included in this Contract. E. In case of disagreement between the drawings,and the specifications, or within either document itself, the better quality or greater quantity'of work shall be estimated and the matter drawn to.the construction Specialist's attention for decision and/or adjustment. When work done by the Contractor without consulting, the Construction Specialist, when the same requires a decision, shall be done at the Contractor's risk. C. Omissions or Errors: If any omissions or errors are noted or instructed at variance with the obvious intent of the documents, it is the responsibility of the Contractor to call them to the Construction Specialist's attention before signing the Contract. 1,08 WORK SCHEDULE AND COST BREAKDOWN: A. The work is to be carried to,completion with utmost speed. The General Contractor shall furnish to the Construction Specialist a progress schedule, showing anticipated starting and completion dates for the Locust Glen North 19th Avenue Public.Improvements(Re-Bid) Sitework Instructions 01020-3 various Divisions of the work. This schedule shall be furnished to the Construction Specialist prior to the. General Contractor's first Requisition for Payment. B. All work shall be done in accordance with the requirements of the City of Omaha Standard Specifications. for Public. Works Construction,, 2014 Edition and current revisions, except as modified by these. Specifications., If a conflict exists between City of Omaha Standard Specifications and the project Specifications,the more stringent specification shall govern. C. All local, municipal, and state laws and regulations governing any portion of this work are incorporated into these specifications and their provisions shall be carried out by the Contractor. D. The Contractor shall be responsible,for obtaining,all permits.and paying all fees for construction, City permits will be issued at no charge. E. This project is state and city sales tax exempt, PART 2-PRODUCTS Not used in this.Section. PART 3 EXECUTION Not used'in,this Section. END OF SECTION Locust Glen North 19th Avenue Public Improvements(Re-Bid) Sitework Instructions. 01020.4 SECTION 01027 APPLICATIONS FOR PAYMENT PART 1 -GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including, General and Supplementary Conditions, and Qivision71 Specification sections apply to.work of this,section.. 1.02 SUMMARY': A. This section: specifies, administrative and procedural requirements governing the. Contractor's. Applications_ for Payment. Coordinate the Schedule of Values and Applications for Payment.with the Contractor's Construction.Schedule, Submittal Schedule and List of Subcontractors. B. Related Sections:. The following Sections contain requirements that relate to this section.. 1. Schedules: The Contractor's Construction Schedule and Submittal Schedule are specified in Division 1 Section"Submittals". 1.03 SCHEDULE OF VALUES: A., Coordination; Coordinate preparation of the Schedule,of Values,with preparation of the, Contractor"s Construction Schedule, 1, Correlate line items_. in the Schedule of Values with other required administrative schedules,and forms. 2. Submit,the Schedule of Values to the City's. Construction Management Representative at the. earliest'possible_ date,, but no later than seven (7);calendar days,before the date scheduled for' submittal of the initial Applications for Payment. Dates to be established at the preconstruction meeting, B. Format and Content:. Use the Bid Form_as a_ guide to establish the format for the Schedule of Values,. 1. Identification: Include the following Project identification on the Schedule.of Values a, Project name and location, Locust.Glen North 19th Avenue Public.Improvements(Re-Bid) Applications.For Payment 01027-1'. b. Contractor's,name and address. c. Date of submittal. 2. Arrange the Schedule of Values in,tabular form with separate columns to indicate the following for each item listed: a. Description of Work. b. Change Orders(numbers,),that affect value_,., c Dollar value. Percentage of Contract Sum to nearest,one-hundredth percent, adjusted to. total one-hundred percent(10Q%0),,. 3. Provide a breakdown of the Contract Sum in sufficient detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate,with the.Specifications and Technical Documents,manual table of contents. Break principal subcontract amounts down into several line items,, 4. Round amounts to nearest whole penny,the total shall equal the.Contract Sum. 5. Should materials,or equipment be purchased or fabricated and stored, but not yet installed the contractor shall furnish proof of purchase. Differentiate between items stored on-site and items stored off-site. Include requirements,for insurance and bonded warehousing, if required. 6. Schedule Updating,; Update,and resubmit the Schedule of Values prior to,the next Applications for Payment when, Change Orders or Construction Change Directives result in:a change in the Contract Sum. 1.04 APPLICATIONS FOR PAYMENT: A. Each Application for Payment shall be consistent with previous applications and payments as certified by the.Construction:Specialist,and paid for by the Owner.. The initial.Application for Payment,the Application for Payment at the time of "Substantial Completion", and the final Application for Payment involve additional requirements. B. Payment-Application.Times: Shall be Outlined as in Section 00606,"General Conditions of the.Contract for Construction Locust Glen North 19th Avenue Public Improvements(Re-Bid) • Applications For Payment 01027-2 C. Payment Application Forms: Use AIA Document G702 and Continuation Sheets G703. as form for Applications for Payment. D. Application Preparation: Complete every entry, on the form. Include notarization and executed by a person authorized to sign legal documents on behalf of the Contractor., The Construction Specialist will return incomplete applications without action., 1. Entries shall match data on the Schedule of Values and the Contractor's Construction Schedule. Use updated schedules if revisions were made. 2. Include amounts of Change Orders and Construction Change Directives issued prior to the last day of the construction period covered by the application,.. E, Transmittal, 1. Submit two (2) signed and notarized original' copies of each Application for Payment, to the Construction Specialist by a method ensuring receipt within forty-eight(48)hours. One copy shall be complete,including waivers of lien and similar attachments;when required, 2. Transmit each copy with a transmittal form listing attachments and recording appropriate information related to the application, in a manner acceptable to the Construction Specialist. F. Waivers of Mechanics Lien: With each application for Payment,submit waivers of mechanics liens from subcontractors, sub-subcontractors and suppliers for the construction period covered by the previous application. 1, Submit partial waivers on each item for the amount requested,prior to deduction for retainage,on each item. 2. When an application shows completion of an item, submit final or full waivers. 3. The Owner reserves the right to designate which entities,in the Work must submit waivers. 4. Waiver Delays. P. Submit each Application for Payment with the Contractor's waiver of mechanics lien for the period of construction covered by the application, b. Submit final Applications for Payment with or preceded by final waivers from every entity involved with performance of the Work covered by the application who is lawfully entitled to a Lien., Locust Glen North 19t"Avenue Public.Improvements(Re-Bid) • Applications For Payment 01027-3 5. Waiver Forms:, Submit waivers_of lien on forms,executed in a manner,acceptable to the Owner. G. Initial Application for Payment: Administrative actions and submittals that must,precede or coincide with submittal of the first Application;for Payment,including the following: 1. List of subcontractors, 2. List of principal suppliers and fabricators,. 3. Schedule of Values. 4. Contractor's Construction Schedule(preliminary if not final). 5., List of Contractor's,staff assignments. 6,. List of Contractor's principal consultants. 7. Copies of any permits,required. 8. Copies,of authorizations,and licenses from governing authorities for performance of the Work. 9. Certificates,of insurance and insurance policies. 10. Performance and payment bonds. H. Application for Payment at"Substantial Completion": Following issuance of the"Certificate of Substantial Completion",submit an Application for Payment. '1. This application shall reflect Certificates,of Partial Substantial'Completion issued previously for Owner occupancy of designated portions of the Work,if applicable. 2. Administrative actions and submittals that shall precede or coincide with this application include:. a. Warranties(guarantees)and maintenance agreements. b. Test/adjust/balance records. c. Maintenance instructions. d. Changeover information related to Owner's occupancy,use,operation, and maintenance:. Locust Glen North 19th Avenue Public,Improvements,(Re-Bid) Applications.For Payment 01027-4 e. Final cleaning. f. List of incomplete Work, recognized as exceptions to.the Construction Specialist's. "Certificate of Substantial Completion! 1. Final Payment Application: Administrative actions and submitttals,that must precede or coincide with submittal of the final Application for Payment include the following: 1. Completion of Project closeout requirements., 2. Completion of items specified for completion after"Substantial Completion". 3. Ensure that unsettled claims will be settled. 4, Ensure that,incomplete Work is not accepted and,will be completed without undue delay,. 5. Transmittal of required Project construction records to.the Owner,. 6. Certified"As-Builts"'of the project. 7. Proof that fees,and similar obligations were paid. 8. Removal of temporary facilities and services.. 9. Removal of surplus materials, rubbish, and similar elements. 10. change of any locks to Owner's locks. PART 2-PRODUCTS Not Used in this Section. PART 3-EXECUTION Not used in this.Section. END OF SECTION Locust Glen North 19t"Avenue Public Improvements(Re-Bid) Applications.For Payment. 01027-5 SECTION 01035 MODIFICATION PROCEDURES PART 1 -GENERAL 1.01 RELATED DOCUMENTS: A. Drawings, and general provisions of Contract,, including; General and Supplementary' Conditions and DIvis on;-1 Specification sections apply to:work of this section. 1.02. SUMMARY::. A. This,section specifies administrative and procedural requirements for handling,aria processing'contract modifications, B. Related Sections: The following Sections contain.requirements that relate to,this.Section,. 1. Division 0, Section 00500, "General Conditions of the Contract for Construction". 1. Division 1, Section 01027,"Applications for Payment"for administrative procedures governing Applications for Payment. 2. Division 1, Section 01210, "Allowances"for procedural requirements governing the handling and processing of allowances. 3. Division 1, Section 01300, "Submittals"for requirements for the Contractor's Construction Schedule. 1,03 MINOR CHANGES IN THE WORK: A. The.Construction Specialist and/or A&E will issue supplemental instructions authorizing minor changes: in the Work, not involving,adjustment,to the.Contract Sum or Contract Time as.a "Memorandum" on the. City of Omaha and/or A&E's,letterhead when required. 1.04 CHANGE ORDER PROPOSAL REQUESTS: A. Owner Initiated Proposal Requests: The Construction Specialist and/or A & E will issue a detailed description of proposed changes in the Work that will require adjustment to the Contract Sum or Contract Time., If necessary,,the description will include supplemental or revised Qrawings and Specifications., Locust Glen North 19th Avenue Public.Improvements(Re-Bid) Modification Procedures 01035-1 1. Proposal requests issued are for information Only. Do not consider them as an instruction either to stop work in,progress or to execute the proposed change. 2. Within ten (10) calendar days of receipt of a proposed request, submit an estimate of cost necessary to execute the change to the construction Specialist for the Owner's review. a. Include a list of quantities of products required and unit costs, with the total amount of purchases to be made. Where requested,furnish survey data to substantiate quantities. b. Indicate applicable,delivery charges, equipment rental and amounts of trade discounts. c. Include a statement indicating the effect the proposed change in the Work will have on the, Contract Time., B. Contractor-Initiated Proposals: When latent or unforeseen conditions require modifications to, the Contract, the Contractor may propose changes by submitting, a written request for a change to the Construction Specialist., 1. Include,a statement outlining the reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract.Sum and Contract Time. 2. Include a list of quantities of products required and unit costs,with the total amount of purchases to be made. Where requested,furnish survey data to substantiate.quantities. 3. Indicate applicable delivery charges,equipment rental and amounts of trade discounts. 4. Comply with requirements in Section 01600, "Material and Equipment" if the,proposed change requires substitution of one product or system for a product or system specified. C. Proposal-Request Form: Use the letterhead of the City of Omaha and/or A & E for Owner-Initiated'. Proposal Requests and the letterhead of the Contractor for Contractor-Initiated Proposal Requests. 1.05 ALLOWANCES: Not Used.. 1.06. CONSTRUCTION CHANGE DIRECTIVE: A, Construction Change Directive:. Locust Glen North 19th Avenue Public.Improvements(Re-Bid) Modification Procedures 0.1'035-2 1, When,the Owner and Contractor disagree on the terms of a Proposal.Request, the Construction, Specialist may issue a Construction Directive on the City of Omaha letterhead. The.Construction Change Directive instructs the.Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 2. The Construction Change Directive contains a complete description of the change in the Work.. It also designates the method to be followed to determine change in the Contract Sum or Contract Time., B. Documentation: 1., Maintain detailed records on a time and materials basis of work required by the Construction Change Directive. 2, After completion of the change, submit an itemized account and supporting data necessary, to. substantiate cost and time adjustments to the Contract. 1.07 CHANGE ORDER PROCEDURES:. A. Upon the.Owner's approval of a Proposal.Request, a Change Order will be prepared by the Contractor and issued for signatures, using a standard AIA change order form. PART 2-PRODUcTS Not Used in this Section. PART 3 EXECUTION Not used'in this Section. END OF SECTION Locust Glen North 19t"Avenue Public Improvements(Re-Bid) Modification Procedures. 01035-3 SECTION 01040 COORDINATION AND MEETINGS PART 1 —GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including,General and Supplementary Conditions and Division-1 Specification sections apply to work of this section. 1.02 SUMMARY: A. The Section includes administrative and supervisory requirements necessary for coordinating construction operations including, but not necessarily limited to,the following: 1. General project coordination procedures. 2. Preconstruction conference. 3. Progress meetings. 4. Coordination Drawings. 5. Administrative and supervisory personnel. 6. Cleaning and protection. 1.03 RELATED SECTIONS: A Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1, Section 01027, "Applications for Payment"for submitting payment applications. 2. Division 1, Section 01050, "Field Engineering-Surveying"specifies procedures for field engineering services, including establishment of benchmarks and control points, layout, grade staking, etc. 3. Division 1, Section 01300, "Submittals"for preparing and submitting the Contractor's Construction Schedule. 4. Division 1, Section 01600, "Materials and Equipment"for coordinating general installation. 5. Division 1, Section 01700, "Contract Closeout"for coordinating contract closeout. Locust Glen North 19th Avenue Public Improvements (Re-Bid) Coordination And Meetings 01040-1 1.04 COORDINATION: A. Coordinate construction operations included in various Sections of these Specifications to assure efficient and orderly installation of each part of the Work. Coordinate construction operations included under different Sections that depend on each other for proper installation, connection and operation. 1. Schedule construction operations in the sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components to assure maximum accessibility for required maintenance, service and repair. 3. Make provisions to accommodate items scheduled for later installation. B. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents,to minimize disruption of Owner's activities. C. Where necessary, prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports and attendance at meetings. 1. Prepare similar memoranda for the Owner and separate contractors where coordination of their work is required. D. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and assure orderly progress of the Work. Such administrative activities include, but are not limited to,the following: 1. Preparation of schedules. 2. Installation and removal of temporary facilities. 3. Delivery and processing of submittals. 4. Project closeout activities. E. Conservation: Coordinate construction operations to assure that operations are carried out with consideration given to conservation of energy,water and materials. 1. Salvage materials and equipment involved in performance of, but not actually incorporated in, the Work. 1.05 PRECONSTRUCTION CONFERENCE: A. Construction Specialist will schedule a preconstruction conference after approval of the contract/purchase order by the City Council and prior to any work beginning on the project. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Coordination And Meetings 01040-2 B. Attendance Required: Construction Specialist,Architect and/or Engineer as needed, and Contractor. 1.06 PROGRESS MEETINGS: A. The Park Planner shall schedule and administer meetings throughout progress of the Work. Meetings may be scheduled on a regular basis or may be scheduled only when needed, depending on the nature of the project. 1.07 SUBMITTALS: A. Staff Names: At the pre-construction meeting,submit a list of the Contractor's principal staff assignments, including the superintendent and other personnel in attendance at the Project Site. Identify individuals,their duties and responsibilities. List their addresses and telephone numbers. B. Subcontractor Names: At the pre-construction meeting, submit a list of the Contractor's Subcontractors for the project. Identify individuals,their duties and responsibilities. List their addresses and telephone numbers. PART 2—PRODUCTS Not Used in this Section. PART 3—EXECUTION 3.01 GENERAL COORDINATION PROVISIONS: A. Inspection of Conditions: Require the Installer of each major component to inspect the conditions under which Work is to be performed. Do not proceed until unsatisfactory conditions have been corrected in an acceptable manner. B. Coordinate temporary enclosures with required inspections and tests to minimize the necessity of uncovering completed construction for that purpose. 3.02 CLEANING AND PROTECTION: A. Clean and protect construction in progress and adjoining materials in place,during handling and installation. Apply protective covering where required to assure protection from damage or deterioration at"Substantial Completion." B. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to assure operability without damaging effects. C. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful,dangerous,damaging or otherwise deleterious exposure during the construction period. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Coordination And Meetings 01040-3 SECTION 01050 FIELD ENGINEERING-SURVEYING PART 1 -GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SECTION INCLUDES: A. Quality Control. B. Submittals. C. Project Record Documents. 1.03 RELATED DOCUMENTS: A. Drawing- Information available to bidders: Owner's Contract Documents. B. Division 0, Section 00500, "General Conditions Of The Contract For Construction". C. Division 1, Section 01015, "Summary of Work". 1.04 QUALITY CONTROL: A. All layout and grade staking shall be performed at Contractor's expense and incidental to all bid items by a land surveyor registered/licensed in the State of Nebraska and employed by Ehrhart Griffin & Associates. B. If requested by the Owner, the Contractor shall submit evidence of Surveyor's E&O insurance coverage in the form of an insurance certificate. 1.05 SUBMITTALS: A. Submit name,address and telephone number of Surveyor before starting survey work. B. Submit documentation verifying accuracy of survey work. C. Submit one(1)copy of construction drawings marked up with spot grades and other layout and elevation information and sealed and signed by the Land Surveyor that the elevations and locations of the Work are in conformance with Contract Documents or where they are not, detailing the changes. 1.06 PROJECT RECORD DOCUMENTS: Locust Glen North 19th Avenue Public Improvements(Re-Bid) Field Engineering-Surveying 01050-1 A. Maintain a complete and accurate log of control and survey work as it progresses. 1.07 EXAMINATION: A. Verify locations of survey control points prior to starting work. B. Promptly notify the Construction Specialist of any discrepancies discovered. 1.08 SURVEY REFERENCE POINTS: A. Contractor to locate and protect survey control and reference points. B. Control datum for survey is that provided by Owner provided contract drawings. C. Protect survey control points prior to starting site work. Preserve permanent reference points during construction. D. Promptly report to the Construction Specialist the loss or destruction of any reference point or relocation required because of changes in grades or other reasons. E. Replace dislocated survey control points based on original survey control. Make no changes without written notice to the Construction Specialist. 1.09 SURVEY REQUIREMENTS: A. Provide field engineering services. Utilize recognized engineering survey practices. B. Establish a minimum of two(2)permanent bench marks on site, referenced to established control points. Record locations,with horizontal and vertical data, on project Record Documents. C. Establish elevations, lines and levels. Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements. 2. Stakes for grading, including fill and topsoil placement. 3. Utility locations,slopes and invert elevations. D. Periodically verify layouts by same means. E. Periodically verify that construction elements are within specified tolerances. PART 2-PRODUCTS Not used in this Section. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Field Engineering-Surveying 01050-2 SECTION 01300 SUBMITTALS PART 1 —GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUMMARY: A. This Section includes administrative and procedural requirements for submittals required for performance of the Work, including the following: 1. Contractor's construction schedule. 2. Shop drawings. 3. Product data. 4. Samples. 5. Quality assurance submittals. B. Administrative Submittals: Refer to other Division 1 Sections and other Contract Documents for requirements for administrative submittals. Such submittals include, but are not limited to,the following: 1. Permits. 2. Applications for Payment. 3. Performance and payment bonds. 4. Insurance certificates. 5. List of subcontractors and sub-subcontractors. C. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1, Section 01027, "Applications for Payment". 2. Division 1, Section 01040, "Coordination and Meetings". 3. Division 1, Section 1400, "Quality Control". 4. Division 1, Section 01700, "Contract Closeout". Locust Glen North 19th Avenue Public Improvements (Re-Bid) Submittals 01300-1 1.03 DEFINITIONS: A. COORDINATION DRAWINGS: Coordination drawings show the relationship and integration of different construction elements that require careful coordination during fabrication or installation to fit in the space provided or to function as intended. B. FIELD SAMPLES: Field Samples are full-size physical examples erected on-site to illustrate finishes, coatings, or finished materials. Field samples are used to establish the standard by which the Work will be judged. C. MOCKUPS: Mockups are full-sized assemblies for review of construction, coordination, testing, or operation;they are not Samples. 1.04 SUBMITTAL PROCEDURES: A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related elements of the Work so processing will not be delayed by the need to review submittals concurrently for coordination. The Construction Specialist reserves the right to withhold action on a submittal requiring coordination with other submittals until all related submittals are received. 3. Processing: To avoid the need to delay installation as a result of the time required to process submittals,allow sufficient time for submittal review, including time for resubmittal. a. Allow two (2) weeks for initial review. Allow additional time if the Construction Specialist and/or A&E must delay processing to permit coordination with subsequent submittals. b. If an intermediate submittal is necessary, process the same as the initial submittal. c. Allow two(2)weeks for reprocessing each submittal. d. No extension of Contract Time will be authorized because of failure to transmit submittals to the Construction Specialist and/or A & E sufficiently in advance of the Work to permit processing. B. Submittal Preparation: Place a permanent label or title block on each submittal for identification. Indicate the name of the entity that prepared each submittal on the label or title block. C. Submittal Transmittal: Package each submittal appropriately for transmittal and handling. Transmit each submittal from the Contractor to the City's Construction Management Representative using a transmittal form. The Construction Specialist and/or A& E will not accept submittals received from sources other than the Contractor. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Submittals 01300-2 1.05 CONTRACTOR'S CONSTRUCTION SCHEDULE: A. Bar-Chart Schedule: Prepare a fully developed, horizontal bar-chart-type, contractor's construction schedule. Submit at the pre-construction meeting if at all possible. If not possible,submit within 30 days after the"Notice to Proceed"has been issued. B. Schedule Updating: Revise the schedule as needed. 1.06 SUBMITTAL SCHEDULE: A. Not Used in this Section. 1.07 CONSTRUCTION REPORTS: A. Not Used in this Section. 1.08 SHOP DRAWINGS: A. Submit newly prepared information drawn accurately to scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. Standard information prepared without specific reference to the Project is not a Shop Drawing. B. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules, patterns, templates and similar Drawings. C. Submittal: Submit at least three(3)copies of each Shop Drawing. The Construction Specialist will retain one(1)copy and return the remainder to the Contractor. D. Do not use Shop Drawings without an appropriate final stamp indicating action taken. 1.09 PRODUCT DATA: A. Collect Product Data into a single submittal for each element of construction or system. Product data includes printed information,such as manufacturer's installation instructions,catalog cuts,standard color charts, roughing-in diagrams and templates,standard wiring diagrams, and performance curves. 1. Mark each copy to show applicable choices and options. Where Product Data printed includes information on several products that are not required, mark the copies to indicate the applicable information. 2. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed. B. Submittals: Submit at least three(3) blue-or black-line prints of each Shop Drawing. The Construction Specialist and/or A&E will retain one(1) print and return the remainder to the Contractor. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Submittals 01300-3 C. Do not proceed with installation without an appropriate final stamp indicating action taken on the Product Data submitted. 1.10 SAMPLES: A. Submit full-size,fully fabricated Samples cured and finished as specified and physically identical with the material or product proposed. Samples include partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color,texture and pattern. B. Submittals: Except for Samples illustrating assembly details, workmanship, fabrication techniques, connections, operation, and similar characteristics, submit two (2) sets. The Construction Specialist and/or A& E will return one(1)set marked with the action taken. C. Field Samples: No Used in this Section. 1.11 QUALITY ASSURANCE SUBMITTALS: A. Submit quality-control submittals, including design data, certifications, manufacturer's instructions, manufacturer's field reports, and other quality-control submittals as required under other Sections of the Specifications. B. Certifications: 1. Where other Sections of the Specifications require certification that a product, material, or installation complies with specified requirements, submit a notarized certification from the manufacturer certifying compliance with specified requirements. 2. Signature: Certification shall be signed by an officer of the manufacturer or other individual authorized to sign documents on behalf of the company. C. Inspection and Test Reports: Requirements for submittal of inspection and test reports from independent testing agencies are specified in Division 1, Section 01400: "Quality Control". 1.12 ACTION: A. Except for submittals for the record or information,where action and return is required,the Construction Specialist and/or A & E will review each submittal, mark to indicate action taken, and return promptly. Compliance with specified characteristics is the Contractor's responsibility. 4. Rejected - Resubmit- See Remarks: When the Construction Specialist and/or A& E rejects a submittal do not proceed with Work covered by the submittal, including purchasing, fabrication, delivery, or other activity. Revise or prepare a new submittal according to the notations; resubmit without delay. Repeat if necessary to obtain different action mark. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Submittals 01300-4 C. Unsolicited Submittals: The Construction Specialist and/or A&E will return unsolicited submittals to the sender without action. PART-2 PRODUCTS Not Used in this Section. PART 3-EXECUTION Not Used in this Section. END OF SECTION Locust Glen North 19t"Avenue Public Improvements(Re-Bid) Submittals 01300-5 I SECTION 01400 QUALITY CONTROL PART 1 —GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SECTION INCLUDES: A. Quality assurance and control of installation. B. References. C. Inspection and testing laboratory services. D. Manufacturers'field services and reports. 1.03 RELATED SECTIONS: A. Division 1, Section 01050, "Field Engineering,Surveying". B. Division 1, Section 01300, "Submittals". C. Division 1, Section 01600, "Material and Equipment". 1.04 QUALITY ASSURANCE/CONTROL OF INSTALLATION: A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship,to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with contract Documents, request clarification from the Construction Specialist before proceeding. D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances,codes,or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce workmanship or specified quality. F. Secure Products in place with positive anchorage devices designated and sized to withstand stresses, vibration,physical distortion or disfigurement. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Quality Control 01400-1 1.05 REFERENCES: A. Conform to reference standard by date of issue current on date for receiving bids. B. Should the specified reference standards conflict with Contract Documents, request clarification from the Construction Specialist before proceeding. C. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.06 TESTING LABORATORY SERVICES: A. The Owner will appoint, employ, and pay for services of an independent firm to perform testing. B. The independent firm will perform tests and other services specified in individual specification Sections and as required by the Construction Specialist. C. Reports will be submitted by the independent firm directly to the Construction Specialist and the Contractor,indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. D. Contractor shall cooperate with independent firm; furnish samples of materials, design mix, equipment, tools,storage and assistance as requested. E. Retesting required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the Construction Specialist. Payment for retesting will be charged to the Contractor by deduction inspection or testing charges from the Contract Sum. 1.07 MANUFACTURER'S FIELD SERVICES AND REPORTS: A. When specified in individual specification Sections, require material or Product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation,quality of workmanship, start-up of equipment and test, adjust, and balance of equipment as applicable, and to initiate instructions when necessary. B. Individuals to report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers'written instruction. C. Submit report in duplicate within fifteen (15)days of observation to the Construction Specialist for review. PART 2—PRODUCTS Not Used In This Section. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Quality Control 01400-2 SECTION 01421 REFERENCE STANDARDS AND DEFINITIONS PART 1 —GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions. of Contract, including General and Supplementary Conditions: and Division-1 Specification sections,apply t0 work of this section. 1.02 DEFINITIONS: A. "Approved": The term "approved", when used in conjunction with the City's Construction Management Representative's action on the Contractor's submittals, applications,and requests, is limited to the City's Construction Management Representative's duties and responsibilities as stated in the Conditions of the Contract. B. "Directed": Terms such as"directed", "requested", "authorized", "selected", "approved", "required", and "permitted" mean directed by the City's Construction Management Representative, requested by the City's Construction Management Representative,and similar phrases. C. "Furnish": The term "furnish" means to supply and deliver to the Project site, ready for unloading, unpacking,assembly, installation,and similar operations. D. "Indicated": the term "indicated" refers to graphic representations. The notes, or schedules on the Drawings; or to other paragraphs or schedules in the Specifications and similar requirements in the Contract Documents. Terms such as"shown","noted","Scheduled",and"specified"are used to help the user locate the reference. Location is not limited. E. "Install": The term "install" describes operations at the Project site including the actual unloading, temporary storage, unpacking,assembling,erecting, placing,anchoring,applying,working to dimension, finishing, curing, protecting,cleaning, and similar operations. F. "Installer": An installer is the Contractor or another entity engaged by the Contractor, either as an employee,subcontractor,or contractor of lower tier,to perform a particular construction activity,including installation, erection, application, or similar operations. Installers are required to be experienced in the operations they are engaged to perform. 1. "Experienced": The term "experienced", when used with the term "installer", means having successfully completed a minimum of three previous projects similar in size and scope to this Project; being familiar with the special requirements indicated; and having complied with requirements of authorities having jurisdiction. 2. Trades: Using a term such as"carpentry"does not imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as Locust Glen North 19th Avenue Public Improvements (Re-Bid) Reference Standards and Definitions 01421-1 "carpenter". It also does not imply that requirements specified apply exclusively to tradespersons of the corresponding generic name. G. "Project site": The phrase "Project site" refers to the space available to the Contractor for performing construction activities, either exclusively or in conjunction with other work as part of the Project. The extent of the Project site is shown on the Drawings and may or may not be identical with the description of the land on which the Project is to be built. H. "Provide": The term"provide"means to furnish and install, complete and ready for the intended use. I. "Regulations": The term "regulations" includes laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, as well as rules, conventions, and agreements within the construction industry that control performance of the Work. J. "Testing Agencies": A testing agency is an independent entity engaged to perform specific inspections or tests, either at the Project site or elsewhere, and to report on and, if required, to interpret results of those inspections or tests. 1.03 SPECIFICATION FORMAT AND CONTENT EXPLANATION: A Specification Format: These Specifications are organized into Divisions and Sections based on the 16- division format and CSI/CSC's"MasterFormat" numbering system. B. Specification Content: These Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: • 1. Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be interpolated as the sense requires. Singular words shall be interpreted as plural and plural words interpreted as singular where applicable as the context of the Contract Documents indicates. 2. Imperative mood and streamlined language are generally used in the Specifications. Requirements expressed in the imperative mood are to be performed by the Contractor. At certain locations in the Section Text, subjective language is used for clarity to describe responsibilities that must be fulfilled indirectly by the Contractor or by others when so noted. a. The words "shall", "shall be", or"shall comply with", depending on the context, are implied where a colon (:)is used within a sentence or phrase. 1.04 INDUSTRY STANDARDS: A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with standards in effect as of the date of the Contract Documents. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Reference Standards and Definitions 01421-2 C. Conflicting Requirements: 1. Where compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels,comply with the most stringent requirement. Refer uncertainties and requirements that are different, but apparently equal, the City's Construction Management Representative for a decision before proceeding. 2. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate,for the context of the requirements. Refer uncertainties to the Construction Specialist for a decision before proceeding. D. Copies of Standards: 1. Each entity engaged in construction on the Project must be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. 2. Where copies of standards are needed to perform a required construction activity,the Contractor shall obtain copies directly from the publication source and make them available on request. E. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. Where abbreviation and acronyms are used in the Specifications or other Contract Documents,they mean the recognized name of the trade association,standards-producing organization, authorities having jurisdiction,or other entity applicable to the context of the text provision. Refer to Gale Research's "Encyclopedia of Associations" or Columbia Books' "National Trade & Professional Associations of the U.S.",which are available in most libraries. 1.05 GOVERNING REGULATIONS AND AUTHORITIES: A. Not Used in this Section. 1.06 SUBMITTALS: A. Permits, Licenses, and Certificates: For the Owner's records, submit copies of permits, licenses, certifications, inspections reports, releases,jurisdictional settlements, notices, receipts for fee payments, judgments,correspondence, records,and similar documents, established for compliance with standards and regulations bearing on performance of the Work. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Reference Standards and Definitions 01421-3 PART 2—PRODUCTS Not Used in this Section. PART 3—EXECUTION Not Used in this Section. END OF SECTION Locust Glen North 19th Avenue Public Improvements(Re-Bid) Reference Standards and Definitions 01421-4 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 —GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SECTION INCLUDES: A. Temporary Utilities: Electricity, lighting, heat,ventilation,telephone service,water,and sanitary facilities. B. Temporary Controls: Barriers, enclosures and fencing, protection of the Work, tree protection fencing, siltation fencing and water control. C. Construction Facilities: Parking, progress cleaning, project signage, and temporary buildings. 1.03 RELATED SECTIONS: A. Division 1, Section 1700, "Contract Closeout". 1.04 TEMPORARY ELECTRICITY: A. If the Contractor feels that temporary electricity is needed for any portion of the Work the following shall apply: 1. Connect to existing power service: Power consumption shall not disrupt Owner's need for continuous service. Building power may not be used for welding. If the contractor's requirements for power exceed what is available he shall bring in power and pay for installation and usage. 2. Provide temporary electric feeder from existing building electrical service. Power consumption shall not disrupt Owner's need for continuous service. 3. Owner will pay cost of energy used from existing service. Exercise measures to conserve energy. Contractor shall pay for energy brought in on temporary service when done so for exclusive use in construction. 4. Provide power outlets for construction operations, with branch wiring and distribution boxes. Provide flexible power cords as required. 5. Permanent convenience receptacles may be utilized during construction. 1.05 TEMPORARY LIGHTING: Locust Glen North 19th Avenue Public Improvements(Re-Bid) Construction Facilities And Temporary Controls 01500-1 A. If the Contractor feels temporary lighting is needed for any portion of the Work,then the Contractor shall provide, maintain and pay for it. B. Permanent building lighting may not be utilized during construction. 1.06 TEMPORARY HEAT: A. Not Used in this Section. 1.07 TEMPORARY VENTILATION: A. Not Used in this Section. 1.08 TELEPHONE SERVICE: A. If the Contractor feels temporary phone service is needed for any portion of the Work,then the Contractor shall provide, maintain and pay for it. 1.09 TEMPORARY WATER SERVICE: A. Not Used in this Section 1.10 TEMPORARY SANITARY FACILITIES: A. The Contractor shall provide, maintain and pay for useable sanitary facilities and enclosures in areas of work. Maintain temporary sanitary facilities and enclosures daily in clean and sanitary condition. 1.11 BARRIERS: A. Provide, maintain and pay for barriers and temporary construction fencing to prevent unauthorized entry to construction areas, to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition where the Contractor feels they are necessary. B. Provide protection for plant life. Replace damaged plant life. D. Protect non-owned vehicular traffic,stored materials, site and structures from damage. 1.12 TEMPORARY CONSTRUCTION FENCING: • A. Tree Protection Fencing: Contractor shall provide, install and maintain fencing around all existing trees to remain as shown on the drawings. 1. Fencing shall be installed at the drip line of the tree. 1.13 SOIL EROSION AND SEDIMENT CONTROL MEASURES: Locust Glen North 19th Avenue Public Improvements (Re-Bid) Construction Facilities And Temporary Controls 01500-2 A. Contractor shall provide, install and maintain the appropriate erosion and sediment control measures as shown on the plans. B. All erosion and sediment control measures shall meet the requirements of"Chapter 9" of the "Omaha Regional Stormwater Design Manual", Revised June 2014 as amended. C. All erosion and sediment control measures shall be maintained by the Contractor until all sources of erosion and sedimentation have been eliminated. D. The Contractor shall be responsible for removing erosion and sediment control measures and restoring areas to the satisfaction of the Owner. 1.14 WATER CONTROL: A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment when and where necessary B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. 1.15 EXTERIOR ENCLOSURES: A. Not Used in this Section. 1.16 INTERIOR ENCLOSURES: A. Not Used in this Section. 1.17 PROTECTION OF INSTALLED WORK: A. Protection at Night and when Work is not in Progress: The Contractor shall be solely responsible for damage,loss or liability, due to the theft or vandalism when work is not in progress at night, weekends, or holidays. B. Precaution must be exercised at all times for the protection of persons and property. The safety provisions of applicable laws,Building and Construction Codes, must be observed. The Contractor shall take, or cause to be taken, such additional safety and health measures as are reasonably necessary. Machinery,equipment and other hazards guarded in accordance with the safety provisions of the Manual of Accident Prevention In Construction of America, to the extent that such provisions are not in contravention of applicable laws. C. It shall be the responsibility of the Contractor to protect and preserve, in operating condition, all utilities traversing the work area. Damage to any utility due to work under this Contract shall be repaired by the Contractor to the satisfaction of the Construction Specialist. D. Protect installed Work and provide special protection where specified in individual specification Sections. E. Provide temporary and removable protections for Installed Products. Control activity in immediate work area to minimize damage. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Construction Facilities And Temporary Controls 01500-3 F. Protect finished pavements, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects. G. Prohibit traffic or storage upon finished pavements, seeded areas, etc. If traffic or activity is necessary, obtain recommendations for protection from the manufacturer or installer. H. Prohibit traffic from landscaped areas. - 1.18 FIRE EXTINGUISHERS: A. Provision of fire extinguishers in the area under construction is required from the standpoint of controlling incipient fires promptly. 1.19 SECURITY: A. Provide appropriate security and facilities to protect Work,and existing facilities,and Owner's operations from unauthorized entry,vandalism, or theft. 1.20 PARKING AND ACCESS TO THE SITE: A. Restrict parking on site to areas designated by Owner. B. When site space is not adequate, provide additional off-site parking. C. Restore damaged areas to original condition. r 1. For existing turf areas disturbed by construction operations, the Contractor shall aerate, fertilize and over-seed these areas. D. Access to the site, contractor parking, and material storage shall be confined to areas indicated on the drawings. 1.21 PROGRESS CLEANING: A. Maintain areas free of waste materials,debris,and rubbish. Maintain site in a clean and orderly condition. B. Broom and clean exterior areas prior to start of surface finishing,and continue cleaning to eliminate dust. C. Remove waste materials, debris, and rubbish from site weekly and dispose off-site. 1.22 PROJECT IDENTIFICATION: A. No signs are allowed without Owner permission except those required by law. 1.23 FIELD OFFICES AND SHEDS: A. Not Used in this Section. 1.24 REMOVAL OF UTILITIES, FACILITIES,AND CONTROLS: . Locust Glen North 19th Avenue Public Improvements(Re-Bid) Construction Facilities And Temporary Controls 01500-4 A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Substantial Completion. B. Remove underground installations to a minimum depth of 2 feet then grade site as indicated. C. Clean and repair damage caused by installation or use of temporary work. D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. 1.25 VISITOR'S HARD HATS: A. Not Used in this Section. PART 2—PRODUCTS Not Used in this Section. PART 3—EXECUTION Not Used in this Section. END OF SECTION Locust Glen North 19th Avenue Public Improvements(Re-Bid) Construction Facilities And Temporary Controls 01500-5 SECTION 01600 MATERIAL AND EQUIPMENT PART 1 —GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SECTION INCLUDES: A. Products. B. Transportation and handling. C. Storage and protection. D. Product options. E. Interpretation of"Or Approved Equivalent". F. Substitutions. 1.03 RELATED SECTIONS: A. Division 1, Section 01400, "Quality Control". 1.04 PRODUCTS: A. Products: Means new material, machinery, components, equipment,fixtures, and systems forming the Work. This does not include machinery and equipment used for preparation,fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises,except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer,for similar components. 1.05 TRANSPORTATION AND HANDLING: A. Transport and handle Products in accordance with manufacturer's instructions. B. Promptly inspect shipments to assure that Products comply with requirements,quantities are correct,and Products are undamaged. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Materials and Equipment 01600-1 C. Provide equipment and personnel to handle Products by methods to prevent soiling, disfigurement, or damage. 1.06 STORAGE AND PROTECTION: A. Store and protect Products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive Products in weather-tight, climate controlled enclosures. B. For exterior storage of fabricated Products, place on sloped supports, above ground. C. Provide off-site storage and protection when site does not permit on-site storage or protection. D. Cover Products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. E. Store loose granular materials on solid flat surfaces in a well-drained area. Prevent mixing with foreign matter. F. Provide equipment and personnel to store Products by methods to prevent soiling, disfigurement, or damage. G. Arrange storage of Products to permit access for inspection. Periodically inspect to assure Products are undamaged and are maintained under specified conditions. 1.07 PRODUCT OPTIONS: A. Products Specified by Reference Standards or by Description Only: Any Product meeting those standards or description. B. Products Specified by Naming One or more Manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming One or more Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named. 1.08 INTERPRETATION OF"OR APPROVED EQUIVALENT": A. The use of trade names, with a notation such as "or approved equivalent" in these specifications is to establish quality required; there is no attempt to limit competitive bidding, but in like manner, quality specified will be rigidly maintained. B. The words or phrases"approved", "equivalent to", "as directed", etc. are interpreted and will be taken to mean "to the satisfaction of the Construction Specialist". C. Where three or more proprietary names are specified and the phrase"or approved equivalent"is omitted, no substitute products will be considered. Bids must be based on the named products. • Locust Glen North 19th Avenue Public Improvements(Re-Bid) Materials and Equipment 01600-2 1.09 SUBSTITUTIONS: A. No substitution will be considered prior to the receipt of Bids unless written request for approval has been received by the City's Construction Management Representative at least ten (10) days prior to the date for receipt of Bids. B. No Substitutions will be considered after the Contract is awarded except under the following conditions. 1. The product specified is no longer available. Contractor shall furnish written proof that such a situation exists along with the appropriate submittals for the substitution. 2. Delay in obtaining the specified item will result in a long delay in the completion of the project. Contractor shall submit written proof from the manufacturer regarding the delay. 3. The substitution, if accepted will result in a"substantial"savings to the Owner. { 4. In all three cases outlined above, the Owner will make the final decision. C. Document each substitution request with complete data substantiating compliance of proposed Substitution with Contract Documents. D. A substitution request constitutes a representation that the Contractor: 1. Has investigated proposed Product and determined that it meets or exceeds the quality level of ' the specified Product. 2. Will provide the same warranty for the Substitution as for the specified Product. 3. Will coordinate installation and make changes to other "Work" which may be required for the "Work"to be complete with no additional cost to the Owner. 4. Waivers claims for additional costs or time extension,which may subsequently become apparent. 5. Will reimburse the Owner for review or redesign services associated with re-approval by authorities. E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. F. Substitution Submittal Procedure: 1. Submit three (3) copies of request for Substitution for consideration. Limit each request to one proposed Substitution. 2. Submit three (3) copies of shop drawings, product data, and certified test results attesting to the proposed Product equivalence. I � Locust Glen North 19th Avenue Public Improvements (Re-Bid) Materials and Equipment 01600-3 3. The Construction Specialist will notify Contractor,in writing,of decision to accept or reject request. The Construction Specialist's decision of acceptance or rejection of the proposed substitution shall be final. PART 2—PRODUCTS Not Used in this Section. PART 3—EXECUTION Not Used in this Section. END OF SECTION Locust Glen North 19th Avenue Public Improvements(Re-Bid) Materials and Equipment 01600-4 , SECTION 01700 CONTRACT CLOSEOUT PART 1 —GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUMMARY: A. This Section includes administrative and procedural requirements for contract closeout including, but not limited to: 1. Inspection Procedures. 2. Project record document submittal. 3. Operation and maintenance manual submittal. 4. Submittal of warranties. 5. Final cleaning. B. Closeout requirement for specific construction activities are included in the appropriate Sections in Divisions 2 through 16. 1.03 RELATED SECTIONS: A Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 0, Section 00500, "General Conditions of the Contract for Construction". 2. Division 1, Section 01027, "Applications for Payment"for submitting payment applications. 3. Division 1, Section 01050, "Field Engineering - Surveying" specifies procedures for field engineering services, including establishment of benchmarks and control points, layout, grade staking,etc. 4. Division 1,Section 01300,"Submittals"for preparing and submitting the Contractor's Construction Schedule. 5. Division 1, Section 01600, "Materials and Equipment"for coordinating general installation. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Contract Closeout 01700-1 1.04 SUBSTANTIAL COMPLETION: A. Substantial Completion: Substantial Completion shall mean that in general, the Work, excluding minor punch list items and appropriate paperwork to closeout the project is one hundred percent (100%) complete and ready for use by the Owner. I Y 1.05 FINAL INSPECTION AND ACCEPTANCE: A. Preliminary Procedures: Before requesting inspection for certification of "Substantial Completion", complete the following: list exceptions in the request. 1. In the Application for Payment that coincides with, or first follows, the date of "Substantial Completion" is claimed; show one hundred percent (100%) completion for the Work claimed as substantially complete. a. Include supporting documentation for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Sum. b. If one hundred percent (100%) completion cannot be shown, then the Work is not • "Substantially Complete". Contractor shall include a list of incomplete items, the value of incomplete construction, and reasons the Work is not complete. , 2. Advise the Owner of pending insurance changeover requirements. 3. Submit specific warranties,workmanship bonds, maintenance agreements,final certifications and similar documents. 4. Obtain and submit releases enabling the Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits,operating certificates and similar releases. 5. Submit record drawings, maintenance manuals,final project photographs, damage or settlement surveys, property surveys, and similar final record information. 6. Deliver tools,spare parts, extra stock and similar items. 7. Complete startup testing of systems and instruction of Owners' operation and maintenance personnel. Discontinue and remove temporary facilities from the site, along with mockups, construction tools and similar elements. 8. Complete final cleanup requirements, including touch-up painting. 9. Touch up and otherwise repair and restore marred, exposed finishes. C. Inspection Procedures: On receipt of a request for inspection, the Construction Specialist and/or A&E • will either proceed with inspection or advise the Contractor of unfilled requirements. The Construction - Specialist will prepare the "Certificate of Substantial Completion" following inspection or advise the Contractor of construction that must be completed or corrected before the certificate will be issued. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Contract Closeout 01700-2 1. The Construction Specialist will repeat inspection when requested and assured that the Work is "Substantially Complete". 2. Results of the completed inspection will form the basis of requirements for final acceptance. D. Re-inspection Procedure: The Construction Specialist and/or A&E will re-inspect the Work upon receipt of notice that the Work, including inspection list items from earlier inspections, has been completed, except for items whose completion is delayed under circumstances acceptable to the Construction Specialist. 1. Upon completion of re-inspection, the Construction Specialist will prepare a certificate of final acceptance. If the Work is incomplete, the Construction Specialist will advise the Contractor of Work that is incomplete or of obligations that have not been fulfilled, but are required for final acceptance. 2. If necessary, re-inspection will be repeated. 1.06 FINAL PROJECT/CONTRACT CLOSEOUT: A. Preliminary Procedures: Before requesting final closeout of the project and contract and final payment, complete the following: list exceptions in the request. 1. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include insurance certificates for products and completed operations where required. 1 2. Submit an updated final statement, accounting for final additional charges to the Contract Sum. 3. Submit a copy of the Construction Specialist's final inspection list of items to be completed or corrected. The copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 4. Submit consent of surety to final payment. 5. Submit a final liquidated damages settlement statement. 6. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 1.07 RECORD DOCUMENT SUBMITTALS: A. General: Do not use record documents for construction purposes. Protect record documents from deterioration and loss in a secure, fire-resistant location. Provide access to record documents for the Construction Specialist's reference during normal working hours. B. Record Drawings: Maintain a clean, undamaged set of blue- or black-line white prints of Contract Documents and Shop Drawings. Mark the set to show the actual installation where the installation varies substantially from the Work as originally shown. Mark which drawing is most capable of showing conditions fully and accurately. Where Shop Drawings are used, record a cross-reference at the Locust Glen North 19th Avenue Public Improvements(Re-Bid) Contract Closeout 01700-3 corresponding location on the Contract Drawings. Give particular attention to concealed elements that would be difficult to measure and record at a later date. 1. Mark record sets with red erasable pencil. Use other colors to distinguish between variations in separate categories of the Work. 2. Mark new information that is important to the Owner, but was not shown on Contract Drawings or Shop Drawings. 3. Note related change-order numbers where applicable. 4. Organize record drawing sheets into manageable sets. Bind sets with durable-paper cover sheets; print suitable titles,dates,and other identification on the cover of each set. C. Record Specifications: Maintain one complete copy of the Specifications and Technical Documents manual, including addenda. Include with the Specifications and Technical Documents manual one copy of other written construction documents, such as Change Orders, and modifications issued in printed form during construction. 1. Mark these documents to show substantial variations in actual Work performed in comparison with the text of the Specifications and Technical Documents and modifications. 2. Upon completion of the Work, submit record Specifications and Technical Documents to the Construction Specialist for the Owner's record. D. Record Product Data: Maintain one copy of each Product Data submittal. Note related Change Orders and markup of record drawings and Specifications. 1. Upon completion of markup, submit complete set of record Product Data to the Construction Specialist for the Owner's record. E. Record Sample Submitted: Immediately prior to "Substantial Completion", the Contractor shall meet with the Construction Specialist and the Owner's personnel at the Project Site to determine which Samples are to be transmitted to the Owner for record purposes. Comply with the Owner's instructions regarding delivery to the Owner's Sample storage area. F. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record keeping and submittals in connection with actual performance of the Work. Immediately prior to the date or dates of"Substantial Completion", complete miscellaneous records and place in good order. Identify miscellaneous records properly and bind or file,ready for continued use and reference. Submit to the Construction Specialist for the Owner's records. G. Maintenance Manuals: Organize operation and maintenance data into suitable sets of manageable size. Include the following types of information: 1. Emergency instructions. 2. Spare parts list. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Contract Closeout 01700-4 3. Copies of warranties. 1 4. Wiring diagrams. 5. Recommended"turn-around"cycles. 6. Inspection procedures. 7. Shop Drawings and Product Data. 8. Fixture lamping schedule. PART 2—PRODUCTS Not Used in this Section. PART 3—EXECUTION 3.1 CLOSEOUT PROCEDURES: A. Operation and Maintenance Instructions: Arrange for each Installer of equipment that requires regular maintenance to meet with Owner's personnel to provide instruction in proper operation and maintenance. Provide instruction by manufacturer's representatives if installer's are not experienced in operation and maintenance procedures. Include a detailed review of the following items: 1. Maintenance manuals. 2. Record documents. 3. Spare parts and materials. 4. Tools. 5. Lubricants. 6. Fuels. 7. Identification systems. 8. Control sequences. 9. Hazards. 10. Cleaning. 11. Warranties. 12. Maintenance agreements and similar continuing commitments. Locust Glen North 19th Avenue Public Improvements(Re-Bid) Contract Closeout 01700-5 B. As part of instruction for operating equipment,demonstrate the following procedures: 1. Startup. 2. Shutdown. 3. Emergency operations. 4. Noise and vibration adjustments. 5. Safety procedures. 6. Economy and efficiency adjustments. 7. Effective energy utilization. 3.2 FINAL CLEANING: A. General: The General Conditions require general cleaning during construction. Regular site cleaning is included in Division 1, Section 01500, "Construction Facilities and Temporary Controls". B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to the condition expected in a normal, commercial building cleaning and maintenance program. Comply with manufacturer's instructions. 1. Complete the following cleaning operations before requesting inspection for certification of "Substantial Completion". a. Remove labels that are not permanent labels. b. Clean transparent materials. Replace chipped or broken glass and other damaged transparent materials. c. Clean exposed exterior hard-surfaced finishes to a dust-free condition,free of stains,films, and similar foreign substances. Restore reflective surfaces to their original condition. Leave concrete and asphaltic concrete pavement surfaces broom clean. d. Wipe surfaces of mechanical and electrical equipment. Remove excess lubrication and other substances. Clean plumping fixtures to a sanitary condition. Clean light fixtures and lamps. e. Clean the site, including landscape development areas, of rubbish, litter, and other foreign substances. Sweep paved areas broom clean; remove stains, spills and other foreign deposits. Rake grounds that are neither paved nor planted to a smooth, even-textured surface. f. Clean all storm drainage structures and pipe of dirt, silt, rubbish, litter and other foreign debris. Locust Glen North 19th Avenue Public Improvements(Re-Bid) - 1 Contract Closeout 01700-6 ii C. Removal of Protection: Remove temporary protection and facilities installed for protection of the Work during construction. 1. Remove all siltation fencing and other erosion and sediment control measures only when all sources of erosion have been eliminated. 2. Contractor shall maintain all erosion and sediment control measures until they are removed. D. Compliance: Comply with regulations of authorities having jurisdiction and safety standards for cleaning. Do not burn wastes materials. Do not bury debris or excess materials on the Owner's property. Do not discharge volatile,harmful,or dangerous materials into drainage systems. Remove waste materials from the site and dispose of lawfully. 1. Where extra materials of value remain after completion of associated Work, they become the Owner's property. Dispose of these materials as directed by the Owner. END OF SECTION Locust Glen North 19th Avenue Public Improvements(Re-Bid) Contract Closeout 01700-7 SECTION 1800 GENERAL STANDARDS PART 1 —GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SECTION INCLUDES: A. General Standards. 1.03 RELATED WORK SPECIFIED ELSEWHERE: A. Division 1, Section 01600, "Material and Equipment". • B. The Specification Section for that Work. • 1 1.04 GENERAL STANDARDS APPLICABLE TO ALL SPECIFICATION SECTIONS: A. These provisions, standards, and tolerances shall apply to all work under this contract. Where stricter standards and tolerances are specified,they shall take precedence over these standards and tolerances. 1. Some of the requirements specified in this Section are performance requirements. The Construction Specialist will cooperate in deciding how best to make the work conform to these performance requirements, and will issue prompt interpretations and explanations of these requirements when requested to do so. B. Build and install parts of the work level, square, plumb, and in correct position unless specifically shown or specified elsewhere. 1. No part shall be out of plumb, level,square or correct position so much as to impair its function or that of the project. 2. No part shall be out of plumb, level,square,or correct position so much as to impair the aesthetic effect of the part or the project as judged by the City's Construction Management Representative. 3. The following tolerances shall apply to plane surfaces unless stricter tolerances are specified. These tolerances shall not apply to work for which, in the City's Construction Management Representative's interpretation,they are clearly inappropriate. a. No point in the plane surface shall be out of correct position by more than 1/8 inch. b. No tangent to the plane surface shall vary from the vertical, horizontal, or other indicated plane by more than 1/2 inch in 12 feet. Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Standards 01800-1 C. Make joints tight and neat. If such is impossible, apply sealant, or other closure as directed by Construction Specialist. D. All fasteners used by all trades on all exterior portions of the project and where dampness and corrosion can reasonably be anticipated shall be corrosion-resistant. E. Apply a protective finish to parts of the work before concealing parts. For example, paint door tops and bottoms before hanging doors and paint corrosible mounting plates before installing parts over them. F. Manufacturers, subcontractors, and workmen shall be experienced and skillful in performing the work assigned to them. G. Verify critical dimensions in the field before fabricating items which must fit adjoining construction. H. Where accessories are required in order to install parts of the work in usable form, provide such accessories. I. All paint used on all products shall conform to A.N.S.I.A66.1-1964, "Specifications to Minimize Hazards to Children from Residual Surface Coating Materials". • \J. Follow manufacturer's instructions for assembling, installing and adjusting products. Where manufacturer's instructions conflict with Contract Documents, request instructions from the City's Construction Management Representative. K. Adjust and operate all items of equipment, leaving them fully ready for use. L. All guarantees, warranties, and service maintenance agreements shall commence on the date of substantial completion of the work or the item being guaranteed, whichever is later, so that Owner A ` receives full use of the item for the guarantee period. M. All materials and equipment shall comply with the Occupational Safety and Health Act as amended. 1.05 GENERAL WORK TO BE PERFORMED AS PART OF GENERAL CONSTRUCTION: A. Provide adequate blocking, bracing, nailers,and fastenings to install parts of the work securely. Installed parts shall be able to withstand 2-1/2 times the maximum anticipated load. Blocking, bracing, nailers, and fastenings shall not be subject to deterioration or weakening as the result of normal environmental conditions or aging. B. Perform cutting and patching required for all trades. Use workmen skilled in such work. C. Check drawings for requirements for bases, pads and other supporting structures. Provide such supporting structures. D. As part of the two-year warranty specified in the General Conditions, repair cracks and other faults which occur as a result of settlement and shrinkage during the first two years after substantial completion. This • Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Standards 01800-2 Cs does not include faults which are due to abuse of the project or abnormal faults which result from inadequate design. f 1. Fill in and reseed all ruts and erosion areas that occur in new seeded areas. v 1.06 REFERENCE STANDARDS: A. Unless date is listed, reference to standard specifications shall mean latest edition of such specifications published at date of bid documents. B. Reference to technical society or organization is made in the Project Manual according to the following `'1abbreviations: 0 AASHTO American Association of State Highway and Transportation Officials. ,__, A.C.I. American Concrete Institute. A.I.A. American Institute of Architects. A.I.E.E. American Institute of Electrical Engineers. A.I.S.C. American Institute of Steel Construction. A.I.S.I. American Iron and Steel Institute. )1A.N.N. American Association of Nurserymen. A.N.S.I. American National Standards Institute (Obsolete designations are A.S.A. and U.S.A.S.I.). t A.P.A American Plywood Association (Obsolete designation is D.F.P.A.). A.S.L.A. American Society of Landscape Architects. 1 A.S.M.E. American Society of Mechanical Engineers. 4, A.S.T.M. American Society for Testing and Materials. A.W.I. Architectural Woodwork Institute. A.W.S. American Welding Society. 1 F.S. Federal Specification. N.B.S. National Bureau of Standards. N.E.C. National Electrical Code. S.I.G.M.A. Sealed Insulating Glass Manufacturers Association. ., S.S.P.C. Steel Structures Painting Council. U.L. Underwriters Laboratories, Inc. 1 Standard Specifications City of Omaha Standard Specifications for Public Works Construction, 1989 Edition, and current revisions. Soil Erosion Control Manual City of Omaha Soil Erosion and Sediment Control Manual, January 1993, as amended. l' , END OF SECTION '1 , Locust Glen North 19th Avenue Public Improvements(Re-Bid) General Standards 01800-3 , ' Federal Labor Standards Provisions U,S..Department of Housing and Urban Development Offige of Labor Relations Applicability 4 , (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification in the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification -is utilized in the area by the Standards Provisions are included in this Contract construction Industry; and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship •to the i A. 1. (i) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination. employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be unconditionally and not less often than once,a week, and employed in the classification (if known),- or the without subsequent deduction or rebate on any account e representatives, and HUD or its designee agree On the (except such payroll deductions as are permitted by classification and wage rate (including the amount regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report (` Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits.(or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards.Administration, U.S. Department of those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an 1 Secretary of Labor-which is attached hereto and made a authorized representative, will approve, modify, or part hereof, regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and • days of receipt and so advise'HUD or its designee or will such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that costs -reasonably anticipated for bona fide fringe.benefits additional time is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of, Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the proVisions of 29 CFR • (c) In the event the contractor, the laborers or mechanics 5.5(a)(1)(iv); 'also, regular contributions made or costs (_, incurred for more than eweekly period.(but not less often to be employed in the classification or their than quarterly) under plans, funds, or programs, which representatives, and HUD or its designee do not agree on cover the particular weekly period, are deemed to be the proposed •classification and•wage rate (including the constructivelymade or incurred duringsuch weeklyamount designated for fringe benefits, where appropriate), period. HUD ar Its designee.shall refer the.questions, including Such laborers and mechanics shall be paid the appropriate , the views of all interested parties and the recommendation wage rate-and fringe benefits on the wage determination of HUD or its designee, to the Administrator for 7for the classification of work actually performed, without determination. The Administrator, or an authorized. regard to skill, except as provided in 29 CFR 5.5(aj(4)., representative,will issue a determination within 30.days of Laborers or mechanics performing work In more than one receipt and so advise HUD or its designee or will notify classification may be compensated at the rate specified for HUD -or its designee within the 30-day period that 1 each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time.. spent.in each classification in which 1215-0140.) - work is performed., The wage'determination (including any . additional classification and wage rates conformed under (d) The wage rate (including fringe benefits where 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) ' determined pursuant to subparagraphs 1321) shall be posted at all times by the-contractor and its (1)(ii)(b) or (c) of this paragraph, shall be paid to all subcontractors at the site of the work in a prominent and workers performing work in the classification under.this accessible, place where it can be easily seen by the contract from the first day on which work is, performed in• workers. - the classification. ' (II) (a) Any class of laborers or mechanics which is not (iii) Whenever the minimum wage rate prescribed in the listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a ' employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate, the conformance with the wage determination. HUD shall _ contractor shall either pay the benefit as *stated in the approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe fringe benefits therefor only when the. following criteria benefit or an hourly cash equivalent thereof. have been met: (iv) if the contractor does not make payments to a trustee , or other third person, the contractor may consider as part - ' form HUD-4010(06/2009) Previous editions are obsolete - Page 1 of 5 ref.Handbook 1344.1 of the wages of any laborer or mechanic the amount of any communicated in-writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual . cost incurred in providing such benefits. ' Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs: shall maintain written' evidence of the Bacon Act have been met. The. Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers 2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request •of an authorized (II) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or in which any contract work is performed a copy of all cause to be withheld from the contractor..under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the t) contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant subject to Davis-Bacon prevailing wage ' requirements, sponsor, or owner, as the case may be, for transmission to ' , . which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set.out accrued payments or advances as may be considered accurately and completely all of the information required necessary to pay laborers and mechanics, Including • to be maintained under 29 CFR 5.5(2)(3)(i) except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be A� contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay Any only need to include an Individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from ' sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary . to cause the suspension of any further htto:l/www do!,tiovfesalbyht onns/wtj.347instr htm or its , payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors• shall maintain the full / withheld for. and on account of the contractor or social security •number and current address of each subcontractor to the respective employees to whom they • covered worker,.and shall provide them upon request to are due. The Comptroller General shall make such HUD or its agency is designee If the a 9 9 Y a party to the disbursements in the case of direct'Davis-Bacon Act contract, but if the agency is not such a party, the ' ' contracts. contractor will submit the payrolls to the applicant ,-, 3. .(i) Payrolls and basic records. Payrolls and 'basic sponsor, or owner, as the case may be, for transmission to records relating thereto that! . be maintained by the HUD or its designee, the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period' of three years thereafter for all laborers' and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation'of this subparagraph for shall contain . the name, address, and social security a prime contractor to require a subcontractor to provide number of each such worker, his .or.. her correct addresses and social security. numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its 'designee. (Approved by the Office of ' benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.) . ` weekly number of hours worked, deductions made and b ( ) Each payroll submitted shall be accompanied by a I actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(Iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program-described in Section i(b)(2)(B) of the Davis- Bacon Act, the contractor shall 'maintain records which (1) That the payroll for the payroll period contains the show that the commitment to provide such benefits is r information required to be provided under 29 CFR 5.5 enforceable, the plan or. program is financially (a)(3)(ii), the appropriate information is being maintained enforceable, ble, thatha that theplan or under 29 CFR 5.5(a)(3)(i), and that such information is program has been correct and complete; i editions are obsolete Prev — - form HUD-4010(06/2009) Page 2 of 5 ref.Handbook 1344.1 (2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on`the the payroll period 'has'\leen paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing'work on• that no deductions have been made either directly or the Job site in excess of the ratio permitted under the I indirectly from the- full wages earned, . other than registered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable. wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project In a locality other than that in equivalents for the classification of work performed, as which'Ifs program is registered,.the ratios and wage rates specified In the applicable wage determination (expressed In percentages of the. journeyman's hourly incorporated Into the contract. rate) specified in' the contractor's or subcontractor's The weeklysubmission of a registered program shall be.observed. Every apprentice (c) properly executed must be paid at not less than the rate specified In the certification set forth on the reverse side of Optional Form registered program for the apprentice's level of progress, WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate °Statement of Compliance" required by subparagraph specified in the applicable wage determination. � ,A•.3.(ii)(b). Apprentices shall be paid fringe benefits in accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship. program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution' under Section 1001 of Title 18 and Section -apprentices must be paid the full amount of fringe benefits 231 of Title 31 of the United States Code. listed on the wage determination for the applicable (Hi) The contractor or subcontractor shall make the classification. If the Administrator' determines that a records required under•subparagraph A.3.(i) available for different' practice prevails for the applicable apprentice inspection, copying, or'• transcription by' authorized , classification, fringes shall be paid in accordance with that representatives of HUD or its designee or the Department determination., In the event the Office of Apprenticeship • of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State interview employees during working hours on the job. if Apprenticeship Agency • recognized -by the Office, the contractor or subcontractor fails to submit the required. withdraws approval of ari apprenticeship program, the records or to lnake them`available, HUD or-its designee contractor will 'no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary ,for the work• performed until an. acceptable program is to cause the suspension of any.further payment, advance, approved. . or.guarantee of funds. Furthermore, failure to submit the (II) Trainees. Except as provided in 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may-be-grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant ',to and individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced by (i) Apprentices. 'Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than th.e predetermined rate for •the work they Employment and Training Administration. The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater individually registered In a bona fide . apprenticeship than permitted under the 'plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration, Office of must be paid at not less than the rate specified in the • Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State Apprenticeship Agency recognized by, the expressed as a percentage of the journeyman hourly' rate • Office,, or if a person Is employed in his or her first 90 specified in the applicable wage determination. Trainees days of probationary employment as an apprentice In such shall be paid fringe benefits In accordance with the an apprenticeship program, who is not Individually provisions of the trainee program. If the trainee program _registered in the program, but who has been certified by does not mention fringe benefits, trainees shall, be' paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for not be greater than the ratio permitted to the contractor as • less than full fringe benefits for apprentices. Any to the entire work force under the registered program. Any employee listed on the payroll at a trainee'rate.who is not worker listed on a payroll at an apprentice wage rate, who registered and participating In a training plan approved by Previous editions are obsolete term.HUD 4010(06/2009) Page 3 of 5 .ref.Handbook 1344.1 the Employment and Training Administration shall be paid ` awarded HUD contracts or participate in HUD programs not less than the applicable. wage rate on the wage pursuant to 24 CFR Part 24. determination for the work actually performed. In addition, - (II) No part of this contract shall be subcontracted to any - any trainee performing work on the Job site in excess of person or' firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of'Section 3(a) of the Davis-Bacon Act 1 paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24. event the Employment and Training 'Administration , withdraws approval of a training program, the contractor (iii) The penalty for making false statements is prescribed will no longer be permitted to utilize trainees at less than in the U.S. Criminal Gode, 18 U.S.C. 1001. Additionally, the applicable predetermined rate for the work performed U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., until an acceptable program is approved. "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any (iii) Equal employment opportunity. The utilization of way the action of such Administration makes, utters or apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same'to be false shalt be in - conformity with the equal employment shall be fined not' more than $5,000 or imprisoned not opportunity requirements of Executive Order 11246, as more than two years, or both." amended, and 29 CFR Part 30. 6. Compliance with Copeland Act requirements. The 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part .3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner 6. Subcontracts. The contractor o.r subcontractor will discriminated against by * the Contractor or any insert in any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such ,complaint or•Instituted or caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about-to testify in any instructions requIre, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this'Contract to his employer. subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or,lower tier prime contract exceeds $100,000. As used in this paragraph, the subcontractor with all the contract clauses In this terms"laborers"and"mechanics"include watchmen and guards. paragraph. 7. Contract debarment. A breach of the (1) Overtime requirements. No contractor or subcontractor contract clauses in termination;CFR debarment. 5. may ,be grounds for contracting for any part of the contract work which may require or Involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as 0 permit any such laborer or mechanic in any workweek in which the contractor and a subcontractor as provided in 29 CFR individual is employed on such work•to work in excess of40 hours in 5.12. such workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic All rulings and interpretations of the Davis-Bacon and ' rate of pay for all hours worked In excess of 40 hours in such -- Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek. herein incorporated by'reference in this contract (2) Violation; liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising .out of the labor standards provisions _of this 'forth.in subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in for the,unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the. United States (in the Labor set forth in 29 CFR. Parts 5, 6, and 7'. Disputes case of work done under contract for .the District of within the meaning of this clause include disputes betweeh Columbia or a territory, to such District or to such the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated ifs designee, the' U.S. Department of Labor, or the damages shall be computed with respect to each individual employees or their representatives. laborer or mechanic, including watchmen and guards, 10. (i) Certification of Eligibility. By entering into this employed In violation *of the clause set forth in contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 foreach shej nor any person or firm who has an interest in the calendar day on which such Individual was required or permitted to contractor's firm is a person or firm ineligible to be work In excess of the standard workweek of 40 hours without payment , awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph. Previous edillons are obsolete ' ._- -_ form HUD•4010(06/2009)' Page 4 of 5 ref.Handbook 1344.1 . 66 6, 4 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon Its own action • . i or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by .. the contractor or subcontractor under any such contract or any other Federal.contract with the same prime contract, or any other Federally-assisted contract subject•to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be ' ..• determined to be necessary to satisfy any liabilities of . such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set .forth in subparagraph (1) through (4) of this paragraph and also a clause requiring,. the subcontractors to Include these clauses in any lOwer tier -sUliContractS. The prime .. , contractor shall be responsible for coMplian.ce by any / \ subcontractor or lower tier subcontractor with the clauses - - set forth. in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are • ' ' . applicable where the amount of the prime contract exceeds$100,000. (1) NO laborer or mechanic shall be required to work in ' \ surroundings or under working conditions which are • unsanitary, hazardous, or dangerous to his health and ' safety as determined under construction safety and health , standards promulgated by the Secretary of Labor by . .. . regulation.- -f (2) The Contractor shall comply with 'all regulailons issued by the Secretary of Labor pursuant to Title'29 Part ,' 1926 and failure to comply may result in imposition of • sanctions pursuant to the Contract Work Hours and Safety • . - Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC, ' .3'7011,Otsett. • .. i (3) The'contractor shall include the provisions of this , . - paragraph In every subcontract so that such provisions will. be binding on each subcontractor. 'The contractor shall 11 take such action with respect to any subcontractor as the Secretary -of Housing and Urban Development or the '''.. Secretary of Labor shall direct as a means of enforcing 't such provisions. / -. . . . . . ,....-, , , . . . . . 6 _ 6 ,*. .. . - - " Previous editions are obsolete -.. form HUD-4010(06/2009) Page 5 of 5 ref.Handbook 1344.1 . I . ,1 \ , . General Decision Number: NE170054 06/30/2017 NE54 Superseded General Decision Number: NE20160054 State: Nebraska Construction Type: Heavy Counties: Cass, Douglas and Washington Counties in Nebraska. HEAVY CONSTRUCTION PROJECTS • Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts • subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. • Modification Number Publication Date 01/06/2017 1 03/17/2017 06/30/2017 * ELEC0022-019 06/01/2017 Cass and Douglas Rates 'Fringes ELECTRICIAN . . $ 35.00 15.19 ELECO265-008 02/27/2017 Washington County only Rates Fringes Electricians: Zone 1 $ 28.12 11.29 Zone 2 $ 28.42 11.31 Zone 3 $ 28.72 11.32 Zone 4 $ 29.12 11.34 ZONE DEFINITIONS [Mileage from main Post Office in Lincoln] Zone 1: 0 to .35 miles Zone 2: 36 to 50 miles Zone 3: 51 to 75 miles Zone 4: 76 miles and over FOOTNOTE: Work on scaffolds, hanging scaffolds, boatswains chairs or , -ladders; etc., in -dny area-where `uie worker x. in 'a — - -- position to fall 40 ft. or more, or where objects above the worker can fall 40 ft. or more: to be paid one and one-half times the straight- time rate of pay. SUNE2011-021 08/31/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER $ 18.'72 4.72 FORM WORKER $ 16.88 4.85 LABORER: Common or General $ 17.31 4.03- LABORER: Pipelayer $ 17.14 3.50 OPERATOR: Backhoe/Excav-ator •$ 22.92 5.98 OPERATOR: Loader $ 18.19 3.72 TRUCK DRIVER, Includes Dump and Tandem Truck $ 13.60 2.59 TRUCK DRIVER: Lowboy Truck $ 21.49 7.40 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract- is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care,; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other -health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information -on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added .after ` award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). • The body of each wage determination lists the classification " and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical k order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey. rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2614 is 'the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on .a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates :are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single:majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. r ( — A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: $' an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department.of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1,.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 1 MINORITY BUSINESS & WOMEN BUSINESS ENTERPRISE PLAN October 2014 O pHA A,E, a a 61 � k 64 14;4 ;t' 0,6 FEDS‘11.' PLANNING • OMAHA Jean Stothert,Mayor PLANNING DEPARTMENT David K.Fanslau City of Omaha CITY OF OMAHA City of Omaha Planning Department Omaha/Douglas Civic Center 1819 Farnarn Street Omaha,Nebraska 68183 1 Reviewed and approved 08/30/2017 MINORITY BUSINESS/WOMEN BUSINESS ENTERPRISE PLAN INTRODUCTION Minority and women business sectors play an important part in Omaha's overall plans for future growth, progress, and prosperity. It is vital to the City's economic condition and well-being that minority and , women businesses expand, thrive and prosper, generating economic stability and increased job opportunities. Towards the fulfillment and accomplishment of these important objectives, the City of Omaha remains committed to minority and women business development. The City of Omaha's approach to minority/women business development is embedded in its policy of non- discrimination in the conduct of City business including the procurement of goods, materials and services, construction and community and economic development projects. The City recognizes its obligations to each segment of the various communities it serves. It is in recognition of these responsibilities that the City established the City's Contract Compliance Ordinance. The Ordinance commits the City to: I k 1. Require contractors and/or vendors to provide employment opportunities without regard to race, color, sex, religion, or national origin; 2. Monitor contractor and vendor equal opportunity performance; and 3. Increase the total number and total dollar volume of City contracts awarded to minority-owned and women-owned firms. GOALS AND OBJECTIVES The following represents a summary of the goals and objectives of the Planning Department as they relate to minority and women-owned businesses: 1. Encourage, increase and promote business and procurement opportunities for women-owned businesses; 2. Increase and expand the awareness and understanding regarding the concerns, obstacles, and hindrances preventing increased MBE/WBE participation in Planning Department activities; 3. Assist MBE's/WBE's through the revitalization of business districts; 4. Assist minority and female entrepreneurs in the formation and growth of new small businesses; and • 5. Provide technical assistance to neighborhood organizations, MBE's and WBE's to increase their participation in the Planning Department programs and activities at all levels. SCOPE OF WORK In order to accomplish these objectives, the Planning Department will: 1. Require that recipients of grant awards, consulting contracts, or loans to adopt the City's =1 MBE/WBE Enterprise Plan. The Minority Business/Women Business Enterprise and Fair Housing plan must be filled out by contractors, developers, corporations, partnerships and/or sole proprietors. 2. Ensure that Requests for Proposals have the MBE/WBE Enterprise Plan. 3. Ensure that the programs of the Planning Department are advertised in the appropriate new media whose markets are targeted toward MBE/WBE. 2 Reviewed and approved 08/30/2017 4. Implement an outreach effort informing MBE and WBE firms and capture information on these firms doing business with the Planning Department. 5. Implement a system to identify MBE and WBE firms and capture information on these firms doing business with the Planning Department. 6. Require developers, corporations, partnerships and/or sole proprietors to register with the Human Rights & Relations Department. In addition, require these entities to complete CC-1 (Human Relations Department). The following information has been developed to assist you in complying with the MBE/WBE requirements in the agreement with the City of Omaha. If you have any questions, please contact Edward Dantzler at (402)444-5150 Ext. 2009. 1 i 3 Reviewed and approved 08/30/2017 MBE/WBE FOR GOODS AND SERVICES Your company must make vendors aware of equal opportunity utilization of minority, disabled and women-owned businesses. To accomplish this goal, you must provide a copy of the approved.MBE/WBE Participation Plan to all businesses providing goods and/or services to the project. Your company must provide the opportunity for Minority Business Enterprises and Women Business Enterprises to provide goods and services through all phases of the project. A concerted effort must be made to allow these businesses to actively compete for project contracts. This effort will include utilization of the following resources and documentation of your actions to achieve these objectives. City of Omaha Housing and Community Development Division 1819 Farnam Street Room 1111 Omaha,NE 68183 I Edward Dantzler, Development Section Manager ed.dantzler@cityofomaha.org (402) 444-5150 Ext. 2009 Fax: (402) 444-5201 City of Omaha Human Rights &Relations Contract Compliance �. 1819 Farnam Street Room 502 Omaha,NE 68183 Maria Partida, Contract Compliance maria.partida@cityofomaha.org (402) 444-5050 Fax: (402) 444-5058 Minority Economic Development Greater Omaha Chamber of Commerce 1301 Harney Street Omaha,NE 68102 Winsley Durand, Senior Director-Business Attraction wdurand@selectgreateromaha.com (402) 233-7144 Fax: (402) 346-7050 I v r-- 4 Reviewed and approved 08/30/2017 MBE/WBE FOR GOODS AND SERVICES North Omaha Contractor Alliance 2505 North 24th Street Suite 409A Omaha, NE 68110 Houston McKell, III, Executive Director houstonmckell@yahoo.com (402) 991-3420 1 ' Omaha Small Business Network, Inc. 2505 North 24th Street Omaha,NE 68110 Julie Parker, Executive Director info@osbnbtc.org (402) 453-5336 Fax: (402) 451-2876 Small Business Administration 10675 Bedford Avenue Suite 100 Omaha,NE 68134 Dwight Johnson dwight.johnson@sba.gov (402) 221-7206 Fax: (402) 221-3680 Urban League of Nebraska, Inc. 3040 Lake Street '' Omaha,NE 68110 Thomas H. Warren, President/CEO thomas.warren@urbanleagueneb.org (402) 451-1066 r,. i 5 Reviewed and approved 08/30/2017 CITY OF OMAHA CONTRACTOR INFORMATION FORM Date: Project Address: • Owner Information Name: Address: City,St.,Zip: Phone: ' / General Contractor Information Name: Address: City,St.,Zip: Phone: Federal Tax ID or SSN Contract Amount $ Woman Owned Business ❑Yes ❑No BRE(Business Owned Race/Ethnic)Code: (BRE Code: 1 White American; 2 Black American; 3 Native American; 4 Hispanic American 5 Asian/Pacific American; 6 Hasidic Jews _Subcontractor Information (Complete for each subcontractor for the project) Name/Address Fed Tax Contract Woman Own BRE ID/SSN Amt. Code Name: $ ❑Yes ❑No Address: City,St.,Zip: _ Phone: Name: $ ❑Yes ❑No Address: City,St.,Zip: Phone: Name: $ ❑Yes ❑No �=, Address: City,St.,Zip: Phone: Name: $ ❑Yes ❑No Address: City,St.,Zip: Phone: 1 Name: $ ❑Yes ❑No Address: City,St.,Zip: Phone: Name: $ ❑Yes ❑No Address: City,St.,Zip: v Phone: Name: $ ❑Yes ❑No Address: City,St.,Zip: Phone: 6 Reviewed and approved 08/30/2017 I Date: ,- Project Address: Owner Information Name: General Contractor Information Name: (BRE Code: 1 White American; 2 Black American; 3 Native American; 4 Hispanic American 5 Asian/Pacific American; 6 Hasidic Jews 1 \ Name/Address Fed Tax Contract Woman Own BRE ID/SSN Amt. - Name: $ ❑Yes ❑No Address: I City,St.,Zip: Phone: ' Name: $ ❑Yes ❑No Address: City,St.,Zip: Phone: Name: $ _ ❑Yes ❑No ,,y, Address: ,` City,St.,Zip: Phone: Name: $ ❑Yes ❑No _ Address: 1,•r-. City,St.,Zip: Phone: i Name: $ ❑Yes ❑No Address: City,St.,Zip: i Phone: ...' Name: $ ❑Yes ❑No Address: City,St.,Zip: Phone: Name: $ ❑Yes ❑No Address: 1, City,St.,Zip: Phone: Name: $ ❑Yes ❑No Address: City,St.,Zip: Phone: Name: $ ❑Yes ❑No Address: City,St.,Zip: r Phone: 7 Reviewed and approved 08/30/2017 1 ) DEFINITIONS: 1. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 2. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,the Philippine Islands, Thailand and Vietnam. 3. Black or African American. A person having origins in any of the black racial groups of Africa. Terms such as "Haitian" or"Negro"can be used in addition to "Black" or"African American". 4. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa or other Pacific Islands. 5. White. A person having origins in any of the original peoples of Europe, the Middle East or North Africa. 41 • 1 8 Reviewed and approved 08/30/2017 Ii MINORITY BUSINESSWOMEN BUSINESS ENTERPRISE AND FAIR HOUSING PLAN / 1 As Owner(s), , I/we agree that my/our contractors and subcontractors will make our best efforts to ensure the construction services, contracts and employment opportunities are affirmatively marketed to women and members of minority groups as outlined in the City of Omaha's Policy for Minority Business/Women Business Enterprise and to further Fair Housing, where applicable, in the following manner. 1. Provide employment opportunities without regard to race, color, sex, age, religion, national origin, familial or handicap status; 2. Encourage, increase and promote business and procurement opportunities for women-owned businesses; 3. Award contracts to eligible minority-owned and women-owned firms; 4. Monitor contractor and vendor equal opportunity performance. As Owner(s), , I/we agree that our contractors and subcontractors will not discriminate against any employee or applicant for employment because of race, color, sex, age, religion, national origin, familial or handicap status. As Owner(s), , I/we agree that my/our contractors and subcontractors shall in all solicitations or advertisements for employment give all qualified applicants consideration for employment without regard to race, color, sex, age, religion, 11 national origin, familial or handicap status. As Owner(s), , I/we certify that I/we support the furtherance of fair housing choice and that I/we will not discriminate on the basis of race, color, religion, sex, national origin, familial status, marital or handicap status in the rental or sale of the assisted property nor in any activities related to the sale, rental, and operation of the assisted property in accordance with the applicable laws and regulations. Dated this day of , 20 Business or Corporation(if applicable) By: Signature of Owner/Authorized Representative Name I I Print Owner/Authorized Representative Name A EOUN.HOUSING OPPORTUNITY % 1 9 Reviewed and approved 08/30/2017 SECTION 3 CLAUSE All Section 3 covered contracts shall include the following clause (referred to as the Section 3 clause): A. The work to be performed under this contract is subject to the requirements of Section 3 r of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic , opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties '' to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. •The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will no6t subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled(1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the contractor's obligations under 24 CFR part 135. I i • F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, 1 termination of this contract for default, and debarment or suspension from future HUD- assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act ( (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 8 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 87 (b). Providing Other Economic Opportunities. J (a) General. In accordance with the findings of the Congress, as stated in Section 3, / that other economic opportunities offer an effective means of empowering low- income persons, a recipient is encouraged to undertake efforts to provide to low-. income persons economic opportunities other than training, employment and contract awards, in connection with Section 3 covered assistance. (b) Other training and employment-related opportunities. Other economic opportunities to train and employ Section 3 residents include, but need not be limited to, use of "upward mobility", "bridge" and trainee positions to fill vacancies; and hiring Section 3 residents in part-time positions. (c) Other business-related economic opportunities: (1) A recipient or contractor may provide economic opportunities to establish, stabilize or expand Section 3 business concerns, including micro-enterprises. Such opportunities include, but are not limited to formation of Section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident-owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-Section 3 businesses to utilize such methods to provide other economic opportunities to low-income persons. (2) A Section 3 joint venture means an association of business concerns, one of which qualifies as a Section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the Section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and. (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. NO. qj Item Submitted By: Ed Dantzler/Christina Williamson Department: Planning (HCD) Council Meeting Date: January 30, 2018 Res. that, the attached contract with Swain Construction for OPW 53214-SIP, construction of a new street at 19th Avenue between Locust to Corby Streets in the amount of $71,398.20 is hereby approved and the Finance Department is authorized to pay $71,398.20 from FY 2017 Fund No. 12186, Organization No. 128072, Project No. 5424. • Presented to City Council January 30, 2018 APPROVED 7-0 8lizbeth &tier City Clerk