Attachment_4_City_of_Omaha_Specifications.pdf

STANDARD

SPECIFICATIONS

FOR

PUBLIC WORKS

CONSTRUCTION

2003 3RD EDITION

August 2003 Version

Table of Contents

Titles and headings of sections contained herein are for convenience of reference and shall not be considered as having any bearing on the interpretation of the specification. The frequencies and methods of sampling and testing materials shall be as required by the City of Omaha Materials Testing Manual unless otherwise modified by the Engineer or Contract Documents. Use the latest published version as of the date of advertisement for bids for any references contained herein.

GENERAL PROVISIONS

1 References and Terms

1.01 Agency References, Abbreviations, and Acronyms

1.02 Other References, Abbreviations, and Acronyms

1.03 Definition of Terms

2 Proposal Requirements and Conditions

2.01 Qualification of Bidders

2.02 Proposal Forms

2.03 Interpretation of Quantities

2.04 Examination of Site of Work and Contract Documents

2.05 Preparation of Proposals

2.06 Alternates, Ties, and Limitations

2.07 Irregular Proposals

2.08 Proposal Guaranty

2.09 Delivery of Proposals

2.10 Withdrawal of Proposals

2.11 Public Opening of Proposals

2.12 Disqualification of Bidder

2.13 Material Guaranty

3 Award and Execution of the Contract

3.01 Consideration of Proposals

3.02 Award of Contract

3.03 Cancellation of Award

3.04 Return of Proposal Guaranties

3.05 Requirements with Respect to Contract Bond

3.06 Execution of Contract

3.07 Failure to Execute Contract

3.08 Notice to Bidders

4 Scope of Work

4.01 Intent of Contract

4.02 Alteration of Plans or Character of Work

4.03 Extra Work

4.04 Maintenance of Detours

4.05 Removal and Disposal of Structures and Obstructions

4.06 Rights In, and Use of Materials Found on the Project

4.07 Final Clean Up

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5 Control of Work

5.01 Authority of the Engineer

5.02 Plans and Working Drawings

5.03 Conformity with Plans and Allowable Deviations

5.04 Coordination of Contract Documents

5.05 Cooperation of the Contractor

5.06 Cooperation with Utilities

5.07 Cooperation between Contractors

5.08 Construction Stakes, Lines, and Grades

5.09 Authority and Duty of the Project Representative

5.10 Inspection

5.11 Removal of Unacceptable Work and Materials

5.12 Restrictions on Moving and Use of Heavy Equipment

5.13 Use of Adjacent Land Under Contract or Lease

5.14 Final Inspection

6 Control of Materials

6.01 Material Source and Delivery

6.02 Local Material Sources

6.03 Samples, Tests, and Cited Standards

6.04 Plant Inspection

6.05 Facilities for Field Inspection and Testing

6.06 Material Delivery, Storage, and Handling

6.07 Unacceptable Materials

6.08 City Furnished Materials

6.09 Excess Material Disposal………………………………………………………...…39

7 Legal Relations and Public Responsibility

7.01 Laws to be Observed

7.02 Permits, Licenses, and Taxes

7.03 Patented Devices, Materials, and Processes

7.04 Restoration of Surfaces Opened to the Public

7.05 Federal and State Participation

7.06 Sanitary Provision

7.07 Public Convenience and Safety

7.08 Barricades, Danger, Warning, and Detour Signs

7.09 Preservation and Restoration of Property

7.10 Right-of-Way

7.11 Responsibility for Damage Claims

7.12 Insurance

7.13 Opening Sections of the Project

7.14 Contractor’s Responsibility for Work

7.15 Contractor’s Responsibility for Utility Property and Services

7.16 Personal Liability of Public Officials

7.17 No Waiver of Legal Rights

7.18 Use of Explosives

7.19 Third-Party Beneficiary Clause

7.20 Hazardous Material

8 Prosecution and Progress

8.01 Subletting or Assigning of the Contract

8.02 Determination of Contract Time Allowable for Completion of the Work

8.03 Prosecution of the Work

8.04 Limitation of Operations

8.05 Character of Workers

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8.06 Contractor Methods and Equipment

8.07 Temporary Suspension of the Work

8.08 Progress of the Work

8.09 Liquidated Damages

8.10 Completion of Default Contracts

8.11 Guarantee

8.12 Termination of the Work

8.13 Incentive for Early Completion

9 Measurement and Payment

9.01 Measurement of Quantities

9.02 Scope of Payment

9.03 Compensation for Altered Quantities

9.04 Differing Site Conditions, Changes, Extra Work, and Force Account Work

9.05 Eliminated Items

9.06 Progress Payments

9.07 Stored Materials

9.08 Acceptance and Final Payment

10 Wages and Conditions of Employment

10.01 Scope

10.02 Labor Laws

10.03 Employment of Labor

CONSTRUCTION SPECIFICATIONS

100 Site Preparation 101 Clearing and Grubbing

102 Removal of Structures and Obstructions

103 Sewer Abandonment

104 Pavement Milling/Removal

105 Brick Pavement Removal

106 Traffic Signal Removal

107 Crack and Joint Repair

200 Earthwork 201 Excavation and Embankment

202 Subgrade Preparation

203 Fly Ash Stabilization

204 Flowable Fill

300 Aggregate Surfaces and Bases 301 Aggregate Subbase/Base Course

302 Aggregate Surface Course

303 Recycled ACP Surface/Base Course

304 Recycled PCC Surface/Base Course

400 Flexible Pavements 401 Asphaltic Concrete Pavement

402 Asphaltic Concrete Curb

403 Pavement Fabric Reinforcement

404 Bituminous Surface Treatment

405 Fog Seal

406 Slurry Seal iii

500 Rigid Pavements 501 PCC Pavement

502 PCC Curb, Combination Curb and Gutter, and Integral Curb Construction

503 PCC Sidewalk, Median Surfacing, and Mow Strip

504 Low Strength Concrete

600 Structural Construction 601 Concrete Barrier Curb

602 Sheet Piling

603 Box Culverts

604 Guardrail

605 Segmental Retaining Wall

606 Reinforced PCC Retaining Wall

607 Noise Walls

608 PCC Stairs

609 Railings

700 Sewer/Subsurface Construction 701 Sewer Construction

702 Manholes, Inlets, Appurtenances, and Special Structures

703 PCC-Lined Channels and Flumes

704 Water Service Facilities

705 Video Sewer Inspection

800 Roadside Improvement and Erosion Control 801 Topsoil

802 Seeding

803 Sodding

804 Plant Materials

805 Mulch

806 Rip Rap

807 PCC Slope Protection

808 Slope Drains

809 Rolled Erosion Control

810 Temporary Erosion and Pollution Controls

811 Articulated Block Erosion Control

812 Gabion Baskets and Revet Mattresses

813 Fence

900 Traffic 901 Poles, Mast Arms, and Cantilever Structures

902 Truss Structures

903 Signals and Luminaires

904 Traffic Signal Controllers

905 Electrical Cable and Duct Installation

906 Pavement Markings

907 Barricades and Signage

908 Service Disconnects

909 Vehicle Detectors

910 Modular Video Vehicle Detection System

911 Preemption Control System

912 Wide Area Video Vehicle Detection System iv

1000 Miscellaneous Items 1001 Public Information Services

1002 Sprinkler System Relocation/Replacement

1003 Mail Boxes

1004 Field Offices

1005 Brick Pavement

Index v

1 – References And Terms

0000 GENERAL CONDITIONS

1 – REFERENCES AND TERMS

1.01 Agency References, Abbreviations, and Acronyms.

Interpret the following references, abbreviations, and acronyms as follows:

AAN ...................American Association of Nurserymen

AAR ...................Association of American Railroads

AASHTO ...........American Association of State Highway and

Transportation Officials

ACI.....................American Concrete Association

AGC ...................Association of General Contractors

AIA.....................American Institute of Architects

AISC ..................American Institute of Steel

AISI....................American Iron and Steel Institute

ANSI ..................American National Standards Institute

ARA ...................American Railroad Association

AREMA.............American Railway Engineering and Maintenance

Association

ARTBA ..............American Road and Transportation Builders Association

ASA ....................American Standards Institute

ASCE .................American Society of Civil Engineers

ASLA .................American Society of Landscape Architects

ASTM ................American Society for Testing and Materials

AWPA................American Wood Preservers' Association

AWS...................American Welding Society

AWWA ..............American Water Works Association

CFR....................Code of Federal Regulations

EEI .....................Edison Electric Institute

EPA ....................Environmental Protection Agency

FHWA ...............Federal Highway Administration

FR.......................Federal Register

FSS .....................Federal Specifications and Standards

GSA....................General Services Administration

IEEE ..................Institute of Electrical and Electronic Engineers

IES .....................Illuminating Engineering Society

IMSA .................International Municipal Signal Association

IPCEA ...............Insulated Power Cable Engineers Association

ISO .....................International Standards Organization

ITE .....................Institute of Transportation Engineers

MIL ....................Military Specifications

MUTCD.............Manual on Uniform Traffic Control Devices

NCMA................National Concrete Masonry Association

NDEQ ................Nebraska Department of Environmental Quality

NDOR ................Nebraska Department of Roads

NEC....................National Electric Code

NEMA................National Electrical Manufacturer's Association

NESC .................National Electric Safety Code

NFPA .................National Fire Protection Association

NNRD ................Nebraska Natural Resources Department

OSHA.................Occupational Safety and Health Act

REA....................Rural Electrification Administration

RRS ....................Reissue Revised Statues of Nebraska

SAE ....................Society of Automotive Engineers

SHRP .................Strategic Highway Research Program

UL ......................Underwriters Laboratories

US .......................United States

USASI ................USA Standards Institute

USC ....................United States Code

1.02 Other References, Abbreviations, and Acronyms.

Interpret the following references, abbreviations, and acronyms as follows:

ABS ....................Acrylonitrile Butadiene Styrene

AC ......................Asphalt Cement – Asphalt specifically refined as to quality and consistency for use in the manufacture of asphalt pavements.

ACC ...................Asphaltic Cement Concrete – A pavement material comprised of mineral aggregates coated and cemented together using asphalt cement.

AWG ..................American Wire Gauge

BST ....................Bituminous Surface Treatment – A relatively thin, bituminous treated wearing surface

CMP ...................Corrugated Metal Pipe

CPM ...................Critical Path Method – An activity-oriented procedure for detailed project planning and control

CSP ....................Corrugated Steel Pipe

HDPE .................High Density Polyethylene – Thermoplastic, high molecular weight, organic compound comprised of many molecules of ethylene.

ID........................Identification

LDPE .................Low Density polyethylene – Thermoplastic, low molecular weight, organic compound containing ethylene molecules

LRFD .................Load Resistance Factor Design

LSC ....................Low Strength Concrete

PC.......................Portland Cement – A cement, manufactured by combining, burning, and finely grinding a combination of lime, silica, alumina, iron oxide, and other additives, capable of hardening through a chemical reaction with water

PCC....................Portland Cement Concrete – A construction material comprised of mineral aggregates coated and cemented together using portland cement and other additives.

PG Binder..........Performance Graded Binder – Asphalt cement graded in accordance with the test procedures contained in

AASHTO MP-1.

psi .......................Pounds per Square Inch

PVC....................Polyvinyl Chloride – Synthetic resin prepared by the polymerization of vinyl chloride

RCP....................Reinforced Concrete Pipe – Concrete pipe containing rods or fibers to withstand greater stresses and strains

VCP....................Vitrified Clay Pipe – Fired clay pipe generally used for sewers

1.03 Definition of Terms.

Define the following terms as follows:

Acceleration Lane ......................See Auxiliary Lane.

Access..........................................Facility providing entry or exit from one area to another.

Act of God ..................................Earthquake, lightning strike, tornado, or any other cataclysmic phenomenon of nature beyond the Contractor's control causing loss, damage, or injury to the work.

Addendum..................................Written alteration, clarification, or correction of the bidding documents or Contract Documents issued after the Notice to Bidders and before a bid opening.

Admixture ..................................Material other than water, aggregates, hydraulic cement, and fiber reinforcement used as an ingredient of concrete or mortar and added to the batch immediately before or during mixing.

Advertisement ............................Public announcement requesting services or bids for work or furnishing materials.

Affiliate Companies ...................Companies having an individual who is an officer, director, or partner in both companies or having an individual, individuals, or legal entities that own or control a minimum of twenty (20) percent of the stock of both companies.

Alley ............................................Established pedestrian and vehicle access between or behind buildings abutting a street.

Approved ....................................Favorably confirmed or accepted.

Arterial Street ............................Main road, street, or avenue, primarily for through traffic, with collector roads, streets, or avenues joining it.

Assignment of Contract.............Written agreement whereby the Contractor sells, assigns, or transfers rights in the contract to an individual or legal entity.

Auxiliary Lane ...........................Portion of roadway adjoining the through traveled way for parking for parking, speed changes, or other purposes supplementary to through traffic movement.

Avenue ........................................See Street.

Award .........................................Acceptance of a proposal.

Award Date ................................Date the City notifies the successful Bidder of the award.

Award Letter..............................Letter notifying the successful Bidder of the award.

Backfill........................................Operation involving the placement of materials in a trench or excavation. Also, material(s) used in such an operation.

Backslope....................................Downward-sloping surface toward a roadbed or other improvement.

Base, Base Course ......................Layer or layers of designed material constructed on a subbase or subgrade to support the surface material.

Bid Date ......................................Date indicated in the Contract Documents on or before which the City must receive all proposals.

Bid Opening ...............................Act of publicly declaring a portion or all of a Bidder's proposal.

Bid Time .....................................Time indicated in the Contract Documents on or before which the City must receive all proposals.

Bidder .........................................Individual or legal entity submitting a proposal for advertised work.

Bond............................................A promissory note provided by a Surety.

Borrow Pit ..................................Excavation site that provides material for use in another location.

Bridge .........................................Structure, including supports, spanning between two elevations above a lower elevation and having a centerline length of more than twenty (20) feet.

Bridge Length ............................Distance measured along the line of survey stationing from end to end of the bridge floor. The bridge length shall not be less than the total clear opening of the structure.

Bridge Roadway Width.............Distance measured at right angles from the longitudinal bridge centerline to the curb bottoms, guard timbers, or lower risers.

Bridge Substructure ..................Portion of a bridge structure below the bearings of simple and continuous spans, skewbacks or arches, and tops of rigid frame footings, including backwalls, wingwalls, and wing protection railings.

Bridge Superstructure...............Portion of a bridge structure excluding the bridge substructure.

Calendar Day .............................Every day, beginning and ending at midnight, shown on the calendar, including Sundays and holidays.

Change Order ............................Written order to the Contractor detailing changes to the specified work quantities or modifications in the scope of the original Contract.

Channel ......................................A natural or artificial waterway.

City..............................................City of Omaha. A municipal corporation established under the authority delegated by the Constitution of the State of Nebraska known as the City of Omaha.

City Council ...............................Elected legislative body of the Mayor- Council form of government as created by the Home Rule Charter of 1956.

Coarse Aggregate.......................Mineral aggregate or portion of a mineral aggregate that retains on a #4 (6.4mm) screen.

Collector Street ..........................Street providing access to abutting property that collects local street traffic and feeds an arterial street.

Commencement of Work ..........Date upon which Contractor's operations begin, unless otherwise stated in the Contract Documents, on the items of work covered by the contract either within the right-of-way or outside of the right-of way but requiring the presence of a Project Representative.

Completion Date ........................Specific calendar date by which either on or before the Contractor must complete all work.

Contract......................................Binding written agreement between two parties detailing the obligations of each to perform the prescribed work.

Contract Bond............................Approved security executed by the Contractor or its Surety, or sureties, guaranteeing completion of the specified work and payment of all legal debts pertaining to the work.

Contract Documents..................Invitation for Bids, Proposal, Contract, Contract Bond, Specifications, Supplemental Specifications, Special Provisions, Materials Testing Manual, General Conditions, Plans, Detailed Plans, Change Orders, Notice to Proceed, and any agreements required to satisfactorily complete the work, including authorized extensions thereof, all of which constitute one instrument.

Contract Item.............................Specific work unit for which the contract provides a price.

Contract Period .........................Period of time from the specified date to commence work to the date that the specified number of working days or calendar days has elapsed, or to the specified completion date as indicated in the contract.

Contract Price............................Unit or Lump Sum value for furnishing all labor, equipment, and materials for performing the work as described in the plans or specifications.

Contract Sum .............................Total monetary amount for all work contained within the Contract Documents.

Contract Time............................Date, number of working days, or calendar days allowed to complete the Contract.

Contractor ..................................Individual or legal entity contracted to perform the work.

Control of Access (Full).............Authority to control access that allows access to select roads only and does not allow connections to driveways and grade crossings.

Control of Access (Partial)........Authority to control access that allows some access to select roads and may allow driveways and some grade crossings.

Controlling Operation...............Operation that, if uncompleted, delays the completion of the work.

County ........................................Administrative subdivision of the State used to designate or identify the location of the proposed work.

Cul-de-sac...................................Local street open at only one end with special provision for turning around.

Culvert........................................Structure providing an opening under any roadway excluding bridges, transverse drainage tile, or other intakes designed to aid subsurface drainage.

Days ............................................Calendar Days.

Dead-end Street .........................Local street open at only one end without special provision for turning around.

Deceleration Lane ......................See Auxiliary Lane.

Defective Work ..........................Work not in compliance with the Contract Documents that the Contractor must correct, rework, or remove and replace.

Deficient Work ...........................Work not in reasonably close conformance with the contract requirements or otherwise inferior, but, in the opinion of the Engineer, is reasonably acceptable for the intended use and may remain in place.

Delay (Compensable).................Excusable event, action, force, or factor causing work to extend beyond the specified contract time for which the Contractor may be entitled to additional compensation.

Delay (Excusable) ......................Contractor's inability to meet a milestone/phase completion date due to circumstances beyond the Contractor's control for which the Engineer may grant a time extension.

Delay (Non-excusable) ...............Reasonably foreseeable delay to the contract completion date within the Contractor's control and for which there is no monetary compensation or time extension.

Delay (Noncompensable)...........Excusable event, action, force, or factor causing work to extend beyond the specified contract time for which the Contractor may be entitled to additional time without additional compensation.

Department ................................See Public Works Department.

Department of Roads.................Department of the State of Nebraska authorized by law to improve and maintain the State Road System.

Differing Site Conditions...........Subsurface or latent physical conditions at the site that:

• Differ materially from conditions normally encountered or generally recognized as inherent in the nature of the work required; and

• Differ materially from those indicated in the Contract; and

• Present unknown or unusual physical conditions.

Divided Highway/Street ............Highway/Street with separated roadways for traffic in opposite directions.

Drainage Ditch ...........................Artificial open depression, excluding a roadway ditch, constructed for surface water movement.

Drawings ....................................See Plans.

Early Start Date.........................Earliest date that the Contractor may commence work.

Embankment..............................Area of fill the top of which is higher than the surrounding surface or the original surface.

Employee ....................................Person receiving compensation from and who is under the direct control of the Contractor or a Subcontractor performing work on a project mentioned by the contract.

Engineer .....................................City Engineer, or authorized representative of the City Engineer, acting within the scope of the assigned duties or the authority given.

Engineer's Estimate...................Estimate compiled by the Engineer of predicted cost based upon past experience and available information.

Equipment..................................Machinery, tools, apparatus, and supplies necessary to preserve, maintain, construct, and satisfactorily complete the contract.

Equitable Adjustment ...............Adjustment in the contract price and/or time.

Excavation ..................................Operation involving the removal of earth or rock.

Excavation Limits ......................Vertical and horizontal boundaries established to control the excavation process.

Expressway.................................Divided arterial street with full or partial control of access and generally grade separations at intersections.

Extra Work ................................Item of work, not provided for in the contract, determined by the Engineer to be essential for the satisfactory completion of the contract within its intended scope and paid in accordance with the extra work order.

Extra Work Order.....................Written order, unplanned at the time of bidding, authorizing a Contractor to perform work beyond the scope of the contract documents that is paid for using a supplemental agreement or as force account work.

Federal Agency ..........................Federal agency or officer succeeding in accordance with law to the powers, duties, jurisdiction, and authority of the agency or officer.

Final Completion .......................Satisfactory completion of all specified work, including punchlist items, and delivery of all required documents, certificates, and proofs of compliance.

Fine Aggregate ...........................Mineral aggregate or portion of a mineral aggregate that passes through a #4 (6.4mm) screen and retains on a #200 (75μm) sieve.

Force Account Work .................Work paid based on the actual reasonable cost of labor, equipment, materials furnished, overhead, and profit.

Foreman......................................Representative of the Contractor in charge of a specific trade, group of workers, or part of the project responsible to the Superintendent.

Foreslope ....................................Downward-sloping surface away from a roadbed or other improvements.

Foundation Course ....................Layer or granular material under portland cement concrete pavement providing frost resistance and a stress-distributing medium.

Freeway ......................................Expressway with full control of access.

Frontage Road ...........................Local road auxiliary to, and located on the side of, an arterial street for service to the abutting properties and areas, and for control of access.

Furnished Materials ..................Materials provided or made available to the Contractor by the City or other designated source at no cost to the Contractor.

Grade Separation.......................A crossing of two streets, or a street and a railroad, at different elevations.

Haul Road...................................Traveled way designated for hauling equipment, materials, or machinery.

Highway......................................See Street.

Holidays......................................January 1, Memorial Day, July 4, Labor Day, Thanksgiving Day, and December 25.

Incidental....................................Minor expense or occurrence that accompanies an item of work.

Incidental Work.........................Work performed by the Contractor that is not directly paid. The cost for providing the work is included in one or more other contract prices.

Independent Contractor ...........See Subcontractor.

Intermediate Contract Time.....Calendar or working days allowed for performing a specific contract item or group of contract items.

Irregular Proposal .....................Conditional, incomplete, erroneous, or altered proposal as identified in Subsection 2.07.

Item .............................................See Contract Item.

Joint Bid .....................................Proposal submitted by a joint venture of which all parties are collectively responsible for the completion of the work.

Joint Venture .............................Joining of two or more individuals or legal entities for the purposes of submitting a single bid on a single proposal.

Late Start Date...........................Latest date upon which the Contractor shall commence work.

Legal Axle Load.........................Maximum vehicle axle load allowable by law.

Local Street ................................Street or road primarily used for access to residences, businesses, or other abutting property.

Lump Sum..................................Bid amount for all work necessary to satisfactorily complete a contract item that is not directly measured.

Major Work Item ......................Work item that the Contractor must complete in order to occupy or use the project for its intended purpose.

Materials ....................................Substance specified for use in the satisfactory completion of the work contained in the contract.

Materials Testing Manual.........Manual developed by the City that indicates the testing or inspection guidelines for the work.

Mayor .........................................Elected executive and administrative power of the City.

Median ........................................Planted or paved section between two or more lanes in or near the center of the street and not intended for vehicular travel.

Median Lane ..............................Auxiliary lane adjacent to a median that accommodates left-turning vehicles.

Mineral Aggregate .....................A relatively inert, granular material of mineral composition.

Notice to Bidders........................Public announcement requesting services or bids for work or furnishing materials.

Notice to Proceed .......................Written notice to the Contractor to begin work including the contract time starting date.

Outer Separation .......................Area between an arterial street and a frontage road.

Parking Lane..............................Auxiliary lane primarily for vehicle parking.

Parkway......................................Arterial street for non-commercial traffic, with full or partial control of access.

Partial Payment .........................See Progress Payment.

Pavement Structure ...................Pavement layer or layers constructed atop a subgrade supporting and distributing the traffic load to the roadbed.

Paving Lane................................Full width and length of a layer of pavement constructed at a single time.

Payment Bond ............................Approved form of security furnished by the Contractor and the Surety as a guaranty that all bills and accounts for materials and labor used in the work will be paid in full.

Performance Bond .....................Approved form of security furnished by the Contractor and the Surety as a guaranty that the work will be completed in accordance with the terms of the contract.

Permanent Easement.................Strip of land within a larger area to which the property owner grants permanent right-of-access by an individual or legal entity.

Permanent Pavement ................Pavement layers requiring only routine maintenance throughout the design life.

Plans............................................Contract drawings or electronic digital images showing the location, character, and dimensions of the prescribed work, including layouts, profiles, cross sections, and details.

Pre-Approved Source ................A source that is deemed acceptable prior to the submittal of any information.

Pre-Cast Concrete .....................Conventionally reinforced (not pre stressed) concrete products formed, cast, and cured in a casting yard and later incorporated into the work.

Pre-Qualified Contractor..........Contractor the City determines has the skill, ability, and integrity to satisfactorily perform and finance the work contained in the contract before submitting a proposal to do the work.

Pre-Stressed Concrete ...............Concrete subjected to compressive stresses, after hardening, using high strength tendons, for the purposes of eliminating or minimizing tensile stresses in the concrete due to applied loads.

Project Representative ..............Authorized representative of the Engineer assigned to observe and document any or all work contained in the contract.

Profile Grade..............................Trace of a vertical plane intersecting the top surface of the proposed wearing surface of a road.

Progress Payment ......................Payment issued for completed portions of the work or for materials required for the work that are in inventory and stored on the project or at a designated location to a specific date.

Project ........................................Specific work, performed at a specific location, in accordance with a contract.

Proposal......................................Written offer to perform the work contained in the contract.

Proposal Form ...........................Approved form on which formal bids are prepared and submitted.

Proposal Guaranty ....................Security furnished with a proposal guaranteeing the Bidder will enter into the contract upon acceptance of the proposal.

Public Works Department ........City government division directly charged with the responsibility for the design, construction, maintenance, and operation of the public streets, alleys, sewers, and related installations.

Punchlist .....................................List compiled near the completion of work indicating the work remaining and items the Contractor must furnish to complete the work outlined in the Contract.

Radial Highway .........................Arterial street leading to or from an urban center.

Ramp...........................................Connecting roadway between intersecting streets at a grade-separated intersection.

Reasonably Acceptable..............Acceptance of work not in reasonably close conformance with the contract requirements, or otherwise inferior, that the Engineer determines will remain in place for a discounted price.

Reasonably Close Conformity ..Compliance with working tolerances or, in the opinion of the Engineer, reasonable and customary manufacturing and construction tolerances where working tolerances are not specified.

Rejected Proposal ......................Proposal rendered invalid by the City.

Responsive Bid ...........................Bid meeting all requirements in the notice to Bidders.

Resources....................................Labor, equipment, and materials necessary to perform the work contained in a contract bid item or other element of work.

Right-of-way...............................Land, property, or interest acquired for or devoted to drainage, sewer, or transportation purposes.

Road ............................................See Street.

Roadbed......................................Graded portion of a street or alley prepared as the subgrade for construction of a pavement structure and shoulders.

Roadside .....................................Area adjoining the outer edge of a street.

Roadside Development ..............Items necessary to preserve or replace landscape materials and features.

Shoulder .....................................Portion of the roadway adjacent to the traveled way that can accommodate stopped vehicles for emergency use and for lateral support of base and surface courses.

Shop Drawing ............................Drawing furnished by the Contractor showing sufficient detailed information to build the object shown and described.

Sidewalk .....................................Portion of the right-of-way constructed exclusively for pedestrian use.

Sieve ............................................USA Standard Sieve, as defined in

AASHTO M92.

Significant Change in Work .....Modification of a major work item (as defined elsewhere) from the original proposed construction.

Slope............................................Inclination of a line or surface.

Special Provisions ......................Additions, addendums, and revisions to the Standard and Supplemental Specifications applicable to an individual project.

Specialty Items ...........................Contract items requiring equipment, skills, or crafts not ordinarily associated with the types of work in the contract.

Specifications .............................Written provisions and requirements to perform prescribed work.

Specified Starting Date..............Date upon which work must begin.

Stabilizing or Stabilization........Incorporation of materials into soils or aggregates to increase load-bearing capacity, firmness, and resistance to weathering or displacement.

Standard Specification ..............Written provisions and requirements approved for general application and repetitive use.

Standard Plan ............................Detailed drawing approved for repetitive use.

Standard Plate ...........................Detailed drawing approved for repetitive use.

State ............................................State of Nebraska acting through the its authorized representatives.

Station (English) ........................One hundred (100) linear feet.

Station (Metric)..........................One hundred (100) linear meters.

Street...........................................General term denoting a public way for purposes of vehicular travel, including the entire area within the public right-of-way.

Structure.....................................Building, bridge, pipe, culvert, fence, or other item not considered part of the roadway.

Subbase Course..........................Layer or layers of specified material placed upon a subgrade to support a base or surface course.

Subcontractor ............................Individual or legal entity separately contracted by the Contractor to perform specific work or portions of the work.

Subgrade.....................................Top layer of a roadbed upon which the pavement structure, shoulders, and curbs are constructed.

Subsidiary...................................See Incidental.

Substantial Completion .............Major work items are satisfactorily completed and accepted in accordance with the Contract Documents and such major items of the project are occupied or otherwise utilized for the purpose for which they are intended.

Superintendent...........................Representative of the Contractor charged with responsibility for the work.

Supplemental Agreement ..........Written and signed agreement by all parties to the contract to perform work beyond the scope, but in conjunction with the original contract, including any prior modifications.

Supplemental Specification.......Approved addition or revision to the Standard Specifications.

Surety..........................................Individual or legal entity, other than the Contractor, executing a bond furnished by the Contractor.

Surface Course ...........................Pavement structure layer or layers constructed atop all other pavement layers and designed to accommodate the traffic load.

Surplus Material ........................Reusable or otherwise valuable material present in the work but not used.

Target/Target Value ..................Goal used for defining conformance.

Temporary Easement ................Strip of land within a larger area over which the property owner grants a temporary right-of-access to an individual or legal entity.

Temporary Pavement................Pavement layers constructed to provide a temporary service to vehicular traffic.

Temporary Structure ................Structure required for maintaining traffic or access during the work and dismantled upon completion of the work.

Testing Laboratory....................Firm designated to perform testing on any or all work contained in the contract.

Through Street...........................Street or road on which vehicular traffic is given preferential right-of-way and at the entrance to which vehicular traffic from intersecting streets or roads is required to yield right-of-way to vehicles on such streets or roads.

Traffic Control Device ..............Sign, signal, marking, or device placed on, over, or adjacent to a street or highway by an authority of the public or official having jurisdiction to regulate, warn, or guide traffic.

Traffic Control Zone .................Distance from the first advance warning sign to the point after the work area where traffic is no longer affected.

Traffic Lane ...............................Portion of the traveled way designated for the movement of a single line of vehicles.

Traveled Way.............................Portion of the right-of-way designated for vehicle use, excluding shoulders and auxiliary lanes.

Treated Subgrade ......................Subgrade strengthened using a stabilizing agent.

Unacceptable Work ...................See Defective Work.

Unauthorized Work...................Work not contemplated by the Contract Documents and not authorized by the Engineer or performed contrary to the instructions of the Engineer.

Unbalanced Proposal.................Proposal containing lump sum or unit bid items that do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated profit, overhead costs, and other indirect costs.

Waterway ...................................A channel for the escape or passage of water.

Work ...........................................Furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the contract and the carrying out of all duties and obligations imposed by the contract.

Work Order ...............................Written and signed order by the Engineer requiring performance by the Contractor without negotiation.

Working Day ..............................Any calendar day except:

• Saturdays, Sundays, or contract-designated holidays on which work is not performed unless otherwise designated in the Contract Documents;

• Contract-specified days suspending work; or

• Days where inclement weather or site conditions prevent the Contractor from performing a minimum of 4 hours of work towards the completion of the contract.

Working Drawing ......................Drawing furnished by the Contractor showing sufficient detailed information to build the object shown and described.

2 – Proposal Requirements And Conditions

2 – PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 Qualification of Bidders.

Bidders, including all Subcontractors, shall be qualified to perform the work contained in the contract. Upon request, the Bidder shall furnish the City proof of such qualification that includes the following:

• Past experience on similar projects including, but not limited to, quality of work and materials, timeliness, and fair treatment of subcontractors;

use;

past five (5) years; and

• Financial responsibility consisting of a confidential statement or report of the Bidder's financial resources and liabilities as of the previous calendar or fiscal year and shall indicate if the current financial responsibility is approximately the same as stated or reported. A public accountant shall certify all statements or reports. If the Bidder's financial responsibility has changed, the Bidder shall qualify the statements or reports to reflect the true financial condition at the time of submitting such qualified statement or report.

Foreign corporations must submit proof of compliance, acceptable to the City, with the corporate laws of the State of Nebraska and proof of qualification to perform business with the State of Nebraska. Unless otherwise specified, the Bidder may submit evidence of pre-qualification by the State of Nebraska Department of Roads for the work present in the Contract Documents. Submit all requested information within fourteen (14) days of receipt of such request. Failure to comply will result in disqualification of the Bidder's proposal. The City shall keep all of the above requested information confidential.

2.02 Proposal Forms.

A Bidder must submit all bids on the proposal forms contained in the Contract Documents. The City shall furnish Bidders with proposal forms.

All attachments are necessary to the proposal forms and must not be detached. Any plans, specifications, or other documents referenced in the proposal form are part of the proposal whether attached or not.

The City reserves the right to refuse to issue proposal forms to a prospective Bidder if such Bidder is in default for any of the following reasons:

all just bills due for labor or materials on former contracts in force with the City at the time of Bidder requesting the proposal forms;

• Bidder has defaulted in previous contracts with the City; or

• Bidder has performed unsatisfactory work on previous contracts with the City.

The City shall not issue proposal forms to any Bidder after 4:30 P.M.

Central Time of the day before the bid date.

2.03 Interpretation of Quantities.

The quantities contained in the proposal forms, unless otherwise indicated in the Contract Documents, are an estimate used for comparing proposals.

The actual quantities of the work may vary. Unless otherwise indicated in the Contract Documents, payments to the Contractor will represent the actual work performed or materials furnished and accepted in accordance with the Contract Documents. The Bidder shall satisfy itself as to the accuracy of the estimated quantities.

The City reserves the right to increase, decrease, or omit the quantities of work or materials contained in the Contract Documents without invalidating the Bidder's contract prices, except as provided in Subsection 4.02.

2.04 Examination of Site of Work and Contract Documents.

The Bidder shall examine the site of work and all Contract Documents before submitting a proposal. The Bidder is responsible for satisfying itself as to the character, quality, and quantities of work and materials and requirements of the Contract Documents. Submission of a proposal is prima facie evidence that the Bidder performed such examination and the Bidder is satisfied as to the character, quality, and quantities of work and materials and requirements of the Contract Documents.

The City reserves the right to amend the Contract Documents before the bid date or bid time. Any such amendment will be by written addendum and issued to all prospective Bidders with the proposal forms furnished by the City by registered mail with return receipt requested or by hand delivery.

The City reserves the right to issue an addendum at any time before the bid date or bid time. The City will advise Bidders of previously issued addenda when the Bidder requests the proposal forms. All addenda issued are part of the Contract Documents.

Failure of any Bidder to acknowledge receipt of all addenda in the space provided on the proposal form may result in rejection of such proposal.

Any Bidder submitting a proposal understands and accepts the terms and conditions contained in the Contract Documents. Any Bidder may submit a written request for interpretation of the Contract Documents. Addendum will provide any interpretation of such documents. Oral interpretations or explanations before the bid opening are non-binding.

When indicated in the Contract Documents, additional information pertaining to the proposed work, or site of work, may be available for examination by a prospective Bidder. Any assumptions, deductions, or conclusions made or obtained by the Bidder that are not implicitly identified by the City in the Contract Documents are for information only and are not part of the Contract Documents.

2.05 Preparation of Proposals.

The Bidder must submit a proposal on the bound proposal forms furnished to the Bidder by the City. The Bidder must fill all blank spaces correctly for every item necessary to complete the bid. The Bidder must fill all blank spaces indicating the contract prices, the value of the contract price multiplied by the appropriate estimated quantity, and the total amount of the base bid and any alternate bids. Failure to complete, properly and accurately, the proposal forms may constitute an irregular proposal and result in rejection of such proposal.

The Bidder must properly sign the proposal. An individual submitting a proposal shall provide their name and street address. A firm or partnership submitting a proposal shall provide the name and street address of each firm or partnership member. A corporation submitting a proposal shall provide the name of the state under which the corporation was chartered; the names, titles, and business addresses of the president, secretary, and treasurer; and legal evidence giving the appropriate authority to the signatory.

2.06 Alternates, Ties, Conditions, and Limitations.

A Bidder may submit an alternate bid only when requested on the proposal form. The City reserves the right to reject proposals containing qualifying statements, conditional bids, tied bids, incomplete bids, alternate bids, or other irregularities. Unbound or otherwise altered proposals may be considered irregular The City reserves the right to waive any and all irregularities and award a contract if it is in the "best interest of the City".

2.07 Unit Price Extensions.

The Bidder shall honestly attempt to show the correct extensions and the contract sum. If, in the opinion of the Engineer, the Bidder does not make such attempt, the Bidder shall consider such proposal rejected. The City shall not consider arithmetic errors in the proposal, in themselves, as cause for rejecting the proposal. Such errors shall be corrected and the corrected base bid sum or total base bid shall be the actual bid as submitted by the bidder. In the case of a discrepancy between the unit price bid and the extended line item total; the unit price bid shall govern and the extended line item total shall be corrected.

2.08 Proposal Guaranty.

A cashier's check, certified check on a national or Nebraska state bank, lawful money of the US, negotiable US Government Bond, or bid bond payable to the City of Omaha amounting to a minimum of five (5) percent of the proposal amount shall accompany each proposal.

2.09 Delivery of Proposals.

The proposal and accompanying guaranty must be in separate envelopes, each addressed to "City Council, City of Omaha", and attached to each other. The Bidder shall submit the proposal in a sealed envelope marked with the name and postal address of the Bidder and the name and any identification details of the project. The City will receive proposals until the bid date and bid time indicated in the Contract Documents at the address indicated below.

Office of the City Clerk, L/C 1 Omaha/Douglas Civic Center 1819 Farnam Street Omaha, NE 68183.

The Bidder shall consider any proposals received after the bid date and bid time rejected.