RES 2015-0264 - Bid from Masonry Construction Inc to repair walls, columns, gate at Gerald R Ford birthsite o!^AH Ar i( 1 � i- Parks, Recreation &
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oIVEf Public Property Department
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ira � yt � �[ Omaha/Douglas Civic Center
® �� d FEB 2 6 3 1819 Farnam Street,Suite 701
opR' �` -``"'ti Omaha,Nebraska 68183-0701
iOoR � (402)444-5900
12'ED FE138 CITY C L C P K f;ilX(402)444-4921
City of Omaha {A '�H N ,�a e Brook Bench
Jean Stothert,Mayor K Director
March 10, 2015
Honorable President
and Members of the City Council,
Transmitted herewith is a BID TABULATION and a RESOLUTION authorizing the Purchasing
Agent to issue a Purchase Order to Masonry Construction, Inc., to furnish all labor and materials
to repair the entrance walls, columns, and gate at the Gerald R. Ford Birthsite, 3202 Woolworth
Avenue, in total amount of $39,913.00, for the Parks, Recreation, and Public Property
Department. Damage was caused by a car crash in 2014, and the costs for the repairs will be
reimbursed by the insurance company of the driv;_.
Masonry Construction, Inc. submitted the lowest and best bid for the project.
The following bids were received on February 11, 2015:
CONTRACTOR BID
MASONRY CONSTRUCTION,INC. $39,913.00 (BEST BID)
Western Waterproofing $67,800.00
Masonry Construction, Inc. has on file a current Annual Contract Compliance Report Form (CC-
1). As is City policy, the Human Relations Director will review the contractor to ensure
compliance with the Contract Compliance Ordinance.
Finance Department is authorized to pay the Funds in the total amount of$39,913.00 to Masonry
Construction, Inc. from the 2010 Parks & Recreation Bond Fund No. 13355, Organization No.
117317, Parks & Cultures Bond for the 2015 fiscal year.
The Parks, Recreation, and Public Property Department recommends the acceptance of the bid
from Masonry Construction, Inc. being the best 'lid received, and requests your consideration
and approval of this Resolution.
Page -2-
Honorable President
and Members of the City Council
Respectfully submitted,
Brook Bench, Director Date
Parks, Recreation, and
Public Property Department
Approved as to Funding: Approved:
'I/ /4 ' 1624___(>21
Z4tekdoeitl 3 113.
Step . Curtiss a Human Rights and Relations Dat
Finance Director
Referred to City Council for
Consideration:
(z5/(
Mayor's Office/Title Date
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, bids were received February 11, 2015, to furnish all labor and materials
to repair the entrance walls, columns, and gate that were damaged by a car crash in 2014 at the
Gerald R. Ford Birthsite, 3202 Woolworth Avenue, for the Parks, Recreation, and Public
Property Department; and,
WHEREAS, Masonry Construction, Inc. submitted the lowest bid, within bid
specifications, attached hereto and made a part hereof, in the total amount of$39,913.00; and,
WHEREAS, the costs to make the repairs will be reimbursed by the insurance
company of the driver; and,
WHEREAS, Masonry Construction, Inc. has complied with the City's Contract
Compliance Ordinance No. 28885 in relation to Civil Rights - Human Relations; and,
WHEREAS,the Mayor has recommended the acceptance of this bid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the bid in the total amount of $39,913.00
from Masonry Construction, Inc., to furnish all labor and materials to repair the entrance walls,
columns, and gate at the Gerald R. Ford Birthsite, 3202 Woolworth Avenue, being the lowest
and best bid received within bid specifications, attached hereto and made a part hereof, is hereby
accepted. The Purchasing Agent is authorized to issue a purchase order in conformance
herewith. Funds in this amount shall be paid from the 2010 Parks and Recreation Bond Fund No.
13355 and Organization No. 117317, Parks and Cultures Bond.
APPROVED AS TO FO :
ASSIS ANT CITY ATTORNEY DATE
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By
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Adopted ' ' 1 0 2015 7-0
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d Form(Rev.01-2015) INITIALS
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA FORD BIRTHSITE REPAIRS
ETURN BIDS TO: Published:January 28,2015 2015
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.February 11,2015
IIPORTANT
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 sealed envelope marked BID ON:FORD BIRTHSITE REPAIRS covering reduction in costs wherever this is possible through redesign,change of material
As evidence of good faith a bid bond or certified check must be submitted with bid.Bid or utilization of standard items or quantity change.
Bond or certified check shall be made payable to the'City of Omaha'. FAILURE TO DO SO IS CAUSE FOR REJECTION PLEASE DO NOT CALL FOR THIS INFORMATION.
Right is reserved to accept or 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 accept
or reject any part of your bid unless otherwise indicated by you.
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:
his is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to bidders and (c)
to specifications and drawings prepared by the Kenneth J.Backman,Landscape Architect for the Ford Birthsite Repairs and that the bidder has made
lI the examinations and investigations required by said documents.
.IDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO / ,THROUGH_ / .
is understood (a) that as to the contract which may be awarded upon this proposal, the Contract period will be the term beginning with the notice to
roceed and ending with the acceptance of the work,the number of consecutive calendar days hereinafter agreed on;and(b)that it is the intention of the
'ark Planning Division that a contract shall be awarded to the bidder regarded by the City of Omaha as having submitted the lowest and best bid, having
;gard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park Planning Division best to meet the
3quirements of the Park Planning Division;material purchased for this project will be State of Nebraska and City sales tax exempt.
)n the foregoing,understand that the bidder hereby offers and proposes to furnish all labor,all materials and all else whatsoever necessary to construct and
roperly finish all the work in connection with "FORD BIRTHSITE REPAIRS,3202 Woolworth Ave.,Omaha,Nebraska"in accordance with the provisions
,f this proposal and contractcora documents to the satisfaction of the City of
Omaha
Parks,ar Recreation/ and Public/ Property JDepartment for the lump sum of:
IASE BID: 7!!-9/r /�:,� 7`'i ere�l.pr��0i/r hcJ& d /fin` 7/i hv�/1 tY��S---
($39 9i5 0 0
tote: Refer to page 2 of 4 for Bid Bond,Completion Date&Performance Bond and page 3 of 4 for Insurance Requirements,Testing Allowance,Unit Prices&
alternates(if applicable).Refer any questions regarding the Bid or Contract Docum its directly to the Park Planning Division at 402-444-5900 or as noted in the
:ontract Documents.
,ll bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
:omptiance 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
)afinance or PBEIDEB Listings should be directed to the Human Relations Departmentme at 402-444-5055.-5/
Please Print Legibly or Type) Firm�,i i7y it r.+ ?i', c Incorporated in "a•
�/'' S (State)
Name //[-�i�}�l�nr►;.s Signature +�._..
Title /'•ire. «/ l'Phone Vc:79-� 349 Fax 5�-735 /c3�S
Address ��'`rP l�•'fd//lo/ Zig/gree. /"A•
Street!P.O.Box City State Zip
E-Mail Address /4-/.stsai...+.9Ar / C�i�
Bid Form(Rev.01-2015)
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA FORD BIRTHSITE REPAIRS
NOT AN ORDER
Page 2 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"Gerald R. Ford Birthsite & Gardens Repairs and Restoration"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.
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
City of Omaha,in the sum of:
($ d ), 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 fourth 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 current edition 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 May 1,2015. 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 0C400, "Performance, Payment
Maintenance Bond"requirements.
MASONRY CONSTRUCTION INC.
908 Camp Gifford Road
Bellevue,NE 68005-4452
SIGN ALL COPIES Firm B Title . .�7L
ss
Bid Form(Rev.01-2015)
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA FORD BIRTHSITE REPAIRS
NOT AN ORDER
Page 3 of 4 Pages
INSURANCE REQUIREMENTS:
Refer to Specification Section 00500, "General Conditions of the Contract for Construction", Part 2.15, "Contractor's Insurance" for insurance
requirements.
UNIT PRICES:
C.Y. = Cubic Yard S.F. = Square Foot S.Y. = Square Yard
V.F. = Vertical Foot L.F. = Linear Foot EA. = Each
The undersigned further proposes and agrees that if the amount of the work required be increased or decreased, by a request of the Owner,the
following supplemental Unit Prices will be the basic price in place for computing extra cost or credit. Each Unit Price shall include all equipment,
tools,labor,permits,fee,etc.incidental to the completion of the work involved based on the construction detail(s)on the Contract Drawings and all
materials listed in the noted Specification Section. Unit prices will be decreased ten percent(10%)if change requested is a reduction of work.
This Section Not Used.
ALTERNATES:
This Section Not Used.
MASONRY CONSTRUCTION INC.
908 Camp Gifford Road
SIGN ALL COPIES Firm Bellevue,NE 68005-4452
By 9
Title its.ei(v
Bid Form(Rev.01-2015)
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA FORD BIRTHSITE REPAIRS
NOT AN ORDER
Page 4 of 4 Pages
Responsible Contractor Compliance Form RC-1
4 J)MII t c.,ate -
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660
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1. Regulations:
A.Article 1V,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): '
+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.
+Contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.Rev.
Stat.Section 48-2901 et seq.).
+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
this bid is submitted.
+Contractor has not,upon final determination by the Occupational Safety and Health Administration,been convicted of a
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
provisions of the Responsible Contractor Compliance Form RC-1.
...(1-4.-k.. /4,.214 r-2/4"
Signatur Date
3
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.
February 5,2015
NOTICE TO BIDDERS:
REQUEST FOR BID
ON
FORD BIRTHSITE WALL REPAIR --
(Gerald R.Ford Birthsite and Gardens-Repair&Restoration)
3202 Woolworth Ave, Omaha, Nebraska
Bid Opening Date: February 11,2015, 11:00A.M.
ADDENDUM NO.1:
Modifications to the original specifications and drawings,dated January 28,2015, per attached TWO(2)pages.
ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDUM
COVER SHEET WITH YOUR BID.
Eric J.Carlson,Purchasing Agent
MASONRY CONSTRUCTION INC.
Name of FIR 908 Camp Gifford Road
Bellevue,NE 68005-4452
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SECTION 00300
AGREEMENT
This AGREEMENT made and entered into in quadruplicate, as of this 7"day of glA eel/ , 2015
by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party of the first part and
hereinafter called "OWNER", and Masonry Construction, Inc. with principal place of business at: 908 Camp Gifford
Rd., Bellevue, NE 68005, hereinafter called"CONTRACTOR":
WHEREAS, said Contractor did, under date of February 11, 2015 submit a proposal to construct as outlined in
the proposal "Ford Birthsite Repairs" for the City of Omaha, for the sum of Thirty Nine Thousand Nine Hundred
Thirteen Dollars and No Cents ($39,913.00), to be constructed 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. '2 "
adopted Oggc,t1 /g ,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 "Ford Birthsite
Repairs", 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 "Ford
Birthsite Repairs" 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 Gerald R. Ford Birthsite,3202 Woolworth Ave, 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 "Ford Birthsite Repairs" in
accordance with the aforesaid plans, specifications and addenda, and agrees to do so for the sum of
$39,913.00.
e. Owner agrees to pay Contractor said amount of $39,913.00, 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 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, Pat Slaven, ASLA,
Park Planner II I Park Planning Division - City of Omaha Parks, Recreation and Public Property
Department; 1819 Farnam Street, Suite 701, Omaha, NE 68183-0701.Office:402.444.4915; Direct: 402-444-
3977; Fax: 402-444-4921; email: psIaven anci.omaha.ne.us and any such substitution or change shall in no
Ford Birthsite Repairs
Agreement
00300-1
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 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,
Ford Birthsite Repairs
Agreement
00300-2
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.
g-15. Contractor agrees to commence work on the date specified in the notice from the Park Planning Division
of the Omaha Department of Parks, Recreation and Public Property, and to substantially complete all the
work by May 1,2015.
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
Ford Birthsite Repairs
Agreement
00300-3
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($75,000) or more, shall
be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or
the authorization of any additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council.
The originally approved scope and primary features of a contract or purchase will not be significantly
revised as a result of amendments not approved in advance by the City Council. The provisions of this
Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority
of the Mayor under Section 5.16 of the City charter to approve immediate purchases.
Ford Birthsite Repairs
Agreement
00300.4
IN WITNESS WHEREOF, we the contracting parties, by our representative duly authorized agents,
hereto affix our signatures and seals at Omaha, Nebraska;
MASONRY CONSTRUCTION, INC. CITY OF OMAHA
Executed thiq723'ay of XL ,20 AS— Executed this /2 day of /7ng0-20 15
By: ZJ n
ict -1.� l�'L
(Authorized Signature) Jean Stothert, Mayor
darn 4 ATTEST:
(Printed Name)
Title: /`�iw.1,f Buster Brown, City Clerk
Witness Signature
SEAL OF THE CITY
APPROVED AS TO FORM:
Assists City Attorney
Ford Birthsite Repairs
Agreement
00300-5
•
•
• SECTION 00400
PERFORMANCE,PAYMENT AND MAINTENANCE BOND
Bond#122407
KNOW ALL MEN BY THESE PRESENTS: That Masonry Construction, Inc.908 Camp Gifford Rd Bellevue,NE
Omaha,Nebraska,hereinafter called the Principal,and Universal Surety Company hereinafter called
the Surety,are held and firmly bound unto the City of Omaha, a Municipal Corporation in Douglas County, Nebraska,
hereinafter called the Owner,in the penal sum of Thirty Nine Thousand Nine Hundred Thirteen&NO ($ 39,913.00 )
lawful money of the United States of America,to be paid to the Owner forte payment whereof the Principal and Surety
hold themselves, their heirs, executors,administrators,successors and assigns, jointly and severalty,firmly by these
present.
WHEREAS,the Principal has,by means of a wriaen Contract dated the 11 th day of February ,2015,
entered into a Contract with the Owner for the performance by the Principal, as
Contractor,ofFord Birthsite Repairsi at 32nd&Woolworth Ave al in Omaha,Douglas County,Nebraska,fix 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 cast 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 mating 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 furling 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 pei fur n led,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;arid,
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 Park Planner or City's
Represeenttive,due to n nperfect 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
FORD BIRTHSITE REPAIRS
Performance,Payrrtent And Maintenance Bond
00400-1
Any Surety on this bond shall be deemed and held, any Contract to the contrary notwithstanding, to
consent without notice:
1. To any extension of time to the Principal in which to perform the Contract •
2. To any change 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 shag 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 23rd day of February ,2015 in the present of:
nn Contractor(FIAT'Name)34
.Y NQ�reA?ae By /491.4.1
VVitness Title
CO TER SIG
Universal Surety Company
Resident Agent SuretY P.O.Box 80468
Lincoln, NE 68501
APPROVED AS TO FORK'
////-'1/ 18/6 '
Cit tome
Y Attorney-in-Fact Geri L. McG:ll
•
FORD BIRTHSITE REPAIRS
Performance,Payment And Maintenance Bond
00400-2
C -"*'P
UNIVERSAL SURETY COMPANY
Lincoln,Nebraska
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the UNIVERSAL SURETY COMPANY,a corporation of the State of Nebraska having its principal office in the City of Lincoln,Nebraska,pursuant to the
following Bylaw,which was adopted by the Board of Directors of the said Company on July 23,1981,to wit:
"Article V-Section 6. RESIDENT OFFICERS AND ATTORNEYS-IN-FACT. The President or any Vice President,acting with any Secretary or Assistant Secretary,
shall have the authority to appoint Resident Vice Presidents and Attorneys-In-Fact,with the power and authority to sign,execute,acknowledge and deliver on its behalf;as
Surety:Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Vice President,acting with any Secretary or
Assistant Secretary,shall also have the authority to remove and revoke the authority of any such appointee at any time."
does hereby make,constitute and appoint
Jeannene McCrea, Bennington, Nebraska or Sherri F. Pallas or Timothy J. Quinn
or Julie K. Hildreth or Geri L. McGill or Kenneth E. Dietz or Charles V. Darr
or Craig T. Carlin or Amy J. Mason or Cori L. Steinhoff, Omaha, Nebraska
its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver for and on its behalf,as Surety:
Any and all undertakings of suretyship
And the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,to all intents and purposes,as
if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Lincoln,Nebraska,in their own persons.
The following Resolution was adopted at the Regular Meeting of the Board of Directors of the UNIVERSAL SURETY COMPANY,held on July 23,1981:
"RESOLVED,That the signatures of officers of the Company and the seal of the Company maybe affixed by facsimile to any Power of Attorney executed in accordance
with Article V-Section 6 of the Company Bylaws:and that any such Power of Attorney bearing such facsimile signatures,including the facsimile signature of a certifying
Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond,undertaking or contract of suretyship to which it is attached."
All authority hereby conferred shall remain in full force and effect until tenninated by the Company.
IN WITNESS WHEREOF,UNIVERSAL SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to be hereunto affixed
this 15th day of April ,20 14
UNIVERSAL SURETY COMPANY
• .t._k
OE
CORPORArE
Secretary/Treasurer By President E t
State of Nebraska SEAL
ss. •,U`7r....�•5
oin,nce"''
County of Lancaster
On this 15th day of April ,20 14 ,before me personally came Curtis L.Hamer,to me known,who being by me duly
sworn,did depose and say that(s)he resides in the County of Lancaster,State of Nebraska;that(s)he is the President of the UNIVERSAL SURETY COMPANY,the
corporation described in and which executed the above instrument;that(s)he knows the seal of the said corporation;that the seal affixed to the said instrument is such
corporate seal;that it was so affixed by order of the Board of Directors of said corporation;that(s)he signed(his)(her)name by like order,and that Bylaw,Article V-Section
6,adopted by the Board of Directors of said Company,referred to in the preceding instrument,is now in force.
GENsitparommuwa
rilfia
NrC rnm ERp.Febnimmte
My Commission Expires February 16,2018. Notary Public
I,Cheryl A.Brown,Assistant Secretary of UNIVERSAL SURETY COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of
Attomey executed by said UNIVERSAL SURETY COMPANY,which is still in full force and effect.
Signed and sealed at the City of Lincoln,Nebraska this 23rd day of February ,20 15 .
•
POPATE‘
IOR
CJJr ,J sEA` •a
•"eearX.NEeytyiT
Assistant Secretary
____,,,.....40 i MASON-1 OP ID: GM
AC CPR
Cr CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
02123/2015
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 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 such endorsement(s).
PRODUCER CONTACT Geri McGill
Quinn Insurance,Inc. PHONE 402-894 7492 FAX
No):402-891-1252
11815 M Street,Suite#200 (A/C,No,Ext):
Omaha,NE 68137-2232 E-MAIL ADDRESS:ge9@pm ill uinninsurance.com
Timothy J.Quinn
INSURER(S)AFFORDING COVERAGE NAIL#
INSURER A:Colum bia National Ins.Co 19640
INSURED Masonry Construction,Inc INSURER B: -
908 Camp Gifford Rd INSURER C:
Bellevue, NE 68005
INSURER D:
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 ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE JNSR INVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CTPNE02826 12/07/2013 12/07/2014 DAMAGE TO RENTED 300,000
A X COMMERCIAL GENERAL LIABILITY X PREMISES(Ea occurrence) $
CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000
PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
7 POLICY FAT LOC $
AUTOMOBILE LIABILITY Ea aBINEDtSINGLE LIMIT $ 1,000,000
A X ANY AUTO CAPNE02826 12/07/2013 12/07/2014 BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
X HIRED AUTOS X AUUT PROPERTY DAMAGEOSWNED (PER ACCIDENT) $
$
X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000
A EXCESS LIAB — CLAIMS-MADE CUPNE02826 12/07/2013 12/07/2014 AGGREGATE $ 1,000,000
DED X RETENTION$ 10,000 $
WORKERS COMPENSATION X WC STATU- OTH-
AND EMPLOYERS'LIABILITY TORY LIMITS ER
A ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WCPNE02826 03/15/2014 03/15/2015 E.L.EACH ACCIDENT $ 500,000
OFFICERIMEMBER'EXCLUDED? N I A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000
If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000
-
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
RE: Ford Birthsite Repairs - 3202 Woolworth Ave. Omaha,
CERTIFICATE HOLDER CANCELLATION
CITYO-4
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Omaha, Parks
Recreations&Public Prop. Dep AUTHORIZED REPRESENTATIVE
1819 Farnam Street Suite 70 ,
Omaha„ NE 68183 C7
G 1988-2010 ACORD CORPORATION. All rights reserved.
%CORE 25 ;2010'O5 Ttin 4,COPD n im 3,,d Inge, 3rn .ngictercrl mgrkc ,f arnan
/840
NO. aoa/
Resolution by
Res. that, as recommended by the Mayor, the bid in the total
amount of$39,913.00 from Masonry Construction, Inc.,to furnish
all labor and materials to repair the entrance walls, columns, and
gate at the Gerald R. Ford Birthsite, 3202 Woolworth Avenue,
being the lowest and best bid received within bid specifications,
attached hereto and made a part hereof, is hereby accepted. The
Purchasing Agent is authorized to issue a purchase order in
conformance herewith. Funds in this amount shall be paid from the
2010 Parks and Recreation Bond Fund No. 13355 and
Organization No. 117317,Pr rks and Cultures Bond.
p:2049tmb
Presented to City Council
MAR 1 0 2015
Adopted 7-
u.Jter grown
City Clerk