RES 2012-0905 - Contract with DIY Holding Company for OPW 52314-SP, Zorinksy Lake and Park ADA improvements . - ovukHA.NFB i
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' Public Works Department
CO:e n Omaha/Douglas Civic Center
n� [Y ��� 1819 Farnam Street,Suite 601
j July 3, 2012 12 JUN 22 PM2: 1
o'" 'rrI � Omaha,Nebraska 68183-0601
�Oo,Q �ro (402)444-5220
ergo FEB0/" ^[" CLERK Fax(402)444-5248
City of Omaha O M A H A, ' E RA S K As_ Robert G.Stubbe,P.E.
Jim Suttle,Mayor Public Works Director
Honorable President
and Members of the City Council,
The attached resolution approves the contract with DIY Holding Company for OPW 52314-SP,
being Zorinsky Lake and Park ADA Improvements located at 3808 South 156th Street.
The following bids were received on June 13, 2012. A detailed bid tabulation is attached.
Contractor Total Bid
DIY HOLDING COMPANY $47,773.00 (LOW BID)
Rife Construction $81,268.00
The contractor has a current Contract Compliance Report Form (CC-1) on file. As is City
policy, the Human Rights and Relations Department will review the contractor to ensure
compliance with the Contract Compliance Ordinance.
The Finance Department is authorized to pay the cost of OPW 52314-SP from the 2010 Public
Facilities Bond Fund 13245, Facilities Management Capital Organization 116262, year 2012
expenditures.
The Public Works Department recommends the acceptance of the bid from DIY Holding
Company in the amount of$47,773.00, being the lowest and best bid received,and requests your
consideration and approval of this resolution.
Respectfully submitted, Referred to City Council for Consideration:
(Q``Z VV a,n i Lon4,r9 t9 I 21
R ert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding: Approved: •
-6/2)/i
.�-Y Pam Spaccarotella Date Human Rights and Relations Date
Finance Director Department
192912scp
PROVIDER against indirect liability or third-party at user's sole risk.
proceedings,CITY will indemnify PROVIDER for any 6.16 Dispute Resolution
such damages. The parties will use their best efforts to resolve amicably
6.11 Waiver any dispute, including use of alternative dispute
CITY waives all claims against PROVIDER, including resolution options.
those for latent defects,that are not brought within 6.17 Ownership of Work Product and Inventions
2 years of substantial completion of the facility designed All of the work product of the PROVIDER in executing
or final payment to PROVIDER,whichever is earlier. this PROJECT shall remain the property of PROVIDER.
• 6.12 Jurisdiction CITY shall receive a perpetual, royalty-free, non-
The substantive law of the state of the PROJECT site transferable, non-exclusive license to use the
shall govern the validity of this AGREEMENT,its deliverables for the purpose for which they were
interpretation and performance,and any other claims intended. Any inventions, patents,copyrights,computer
related to it. software,or other intellectual property developed during
the course of,or as a result of,the PROJECT shall
6.13 Severability and Survival remain the property of the PROVIDER.
6.13.1 If any of the Provisions contained in this
AGREEMENT are held for any reason to be invalid,
FORM 398
REVISED 1/06 4
uch as, but not limited
such policy. to, reassignment of personnel, subcontract termination
5.9 Litigation Assistance costs,and related closeout costs.
The Scope of Services does not include costs of 6.6 Suspension, Delay,or Interruption of Work
PROVIDER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of
support, prepare, document,bring,defend,or assist in PROVIDER for the convenience of CITY. In such event,
litigation undertaken or defended by CITY. All such PROVIDER's contract price and schedule shall be
Services required or requested of PROVIDER by CITY, equitably adjusted.
except for suits or claims between the parties to this
AGREEMENT,will be reimbursed as mutually agreed. 6.7 No Third-Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone
5.10 Changes other than CITY and PROVIDER and has no third-party
CITY may make or approve changes within the general beneficiaries.
Scope of Services in this AGREEMENT. If such
changes affect PROVIDER's cost of or time required for 6.8 Indemnification
performance of the services,an equitable adjustment 6.8.1 PROVIDER agrees to indemnify CITY for any
will be made through an amendment to this claims,damages,losses,and costs, including,but not
AGREEMENT. limited to, attorney's fees and litigation costs,arising out
of claims by third parties for property damage or bodily
ARTICLE 6.GENERAL LEGAL PROVISIONS injury, including death,to the proportionate extent
6.1 Authorization to Proceed caused by the negligence or willful misconduct of
Execution of this AGREEMENT by CITY will be PROVIDER, PROVIDER's employees, affiliated
authorization for PROVIDER to proceed with the work, corporations,and subcontractors in connection with the
PROJECT.
unless otherwise provided for in this AGREEMENT.
6.8.2 CITY agrees to indemnify PROVIDER from any
6.2 Reuse of PROJECT Documents claims,damages,losses,and costs,including,but not
All reports,drawings,specifications,documents,and limited to, attorney's fees and litigation costs,arising out
other deliverables of PROVIDER,whether in hard copy of claims by third parties for property damage or bodily
or in electronic form,are instruments of service for this injury,including death,to the proportionate extent
PROJECT,whether the PROJECT is completed or not. caused by the negligence or willful misconduct of CITY,
CITY agrees to indemnify PROVIDER and PROVIDER's
FORM 39B
REVISED 1/06 3
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Respectfully submitted, Referred to City Council for Consideration:
(Q``Z VV a,n i Lon4,r9 t9 I 21
R ert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding: Approved: •
-6/2)/i
.�-Y Pam Spaccarotella Date Human Rights and Relations Date
Finance Director Department
192912scp
PROVIDER against indirect liability or third-party at user's sole risk.
proceedings,CITY will indemnify PROVIDER for any 6.16 Dispute Resolution
such damages. The parties will use their best efforts to resolve amicably
6.11 Waiver any dispute, including use of alternative dispute
CITY waives all claims against PROVIDER, including resolution options.
those for latent defects,that are not brought within 6.17 Ownership of Work Product and Inventions
2 years of substantial completion of the facility designed All of the work product of the PROVIDER in executing
or final payment to PROVIDER,whichever is earlier. this PROJECT shall remain the property of PROVIDER.
• 6.12 Jurisdiction CITY shall receive a perpetual, royalty-free, non-
The substantive law of the state of the PROJECT site transferable, non-exclusive license to use the
shall govern the validity of this AGREEMENT,its deliverables for the purpose for which they were
interpretation and performance,and any other claims intended. Any inventions, patents,copyrights,computer
related to it. software,or other intellectual property developed during
the course of,or as a result of,the PROJECT shall
6.13 Severability and Survival remain the property of the PROVIDER.
6.13.1 If any of the Provisions contained in this
AGREEMENT are held for any reason to be invalid,
FORM 398
REVISED 1/06 4
uch as, but not limited
such policy. to, reassignment of personnel, subcontract termination
5.9 Litigation Assistance costs,and related closeout costs.
The Scope of Services does not include costs of 6.6 Suspension, Delay,or Interruption of Work
PROVIDER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of
support, prepare, document,bring,defend,or assist in PROVIDER for the convenience of CITY. In such event,
litigation undertaken or defended by CITY. All such PROVIDER's contract price and schedule shall be
Services required or requested of PROVIDER by CITY, equitably adjusted.
except for suits or claims between the parties to this
AGREEMENT,will be reimbursed as mutually agreed. 6.7 No Third-Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone
5.10 Changes other than CITY and PROVIDER and has no third-party
CITY may make or approve changes within the general beneficiaries.
Scope of Services in this AGREEMENT. If such
changes affect PROVIDER's cost of or time required for 6.8 Indemnification
performance of the services,an equitable adjustment 6.8.1 PROVIDER agrees to indemnify CITY for any
will be made through an amendment to this claims,damages,losses,and costs, including,but not
AGREEMENT. limited to, attorney's fees and litigation costs,arising out
of claims by third parties for property damage or bodily
ARTICLE 6.GENERAL LEGAL PROVISIONS injury, including death,to the proportionate extent
6.1 Authorization to Proceed caused by the negligence or willful misconduct of
Execution of this AGREEMENT by CITY will be PROVIDER, PROVIDER's employees, affiliated
authorization for PROVIDER to proceed with the work, corporations,and subcontractors in connection with the
PROJECT.
unless otherwise provided for in this AGREEMENT.
6.8.2 CITY agrees to indemnify PROVIDER from any
6.2 Reuse of PROJECT Documents claims,damages,losses,and costs,including,but not
All reports,drawings,specifications,documents,and limited to, attorney's fees and litigation costs,arising out
other deliverables of PROVIDER,whether in hard copy of claims by third parties for property damage or bodily
or in electronic form,are instruments of service for this injury,including death,to the proportionate extent
PROJECT,whether the PROJECT is completed or not. caused by the negligence or willful misconduct of CITY,
CITY agrees to indemnify PROVIDER and PROVIDER's
FORM 39B
REVISED 1/06 3
98
REVISED 1/06 2
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, bids were submitted on June 13, 2012 for OPW 52314-SP, being Zorinsky
Lake and Park ADA Improvements located at 3808 South 156th Street; and,
WHEREAS, DIY Holding Company submitted a bid of$47,773.00, being the lowest and
best bid received for OPW 52314-SP.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the contract with DIY Holding Company for
OPW 52314-SP, being Zorinsky Lake and Park ADA Improvements located at 3808 South 156th
Street in the amount of $47,773.00 is hereby.approved; and, that the Finance Department is
authorized to pay this cost from the 2010 Public Facilities Bond. Fund 13245, Facilities
Management Capital Organization 116262, year 2012 expenditures.
193012scp APPROVED AS TO FORM:
, TY ATTORNEY DATE
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By
• ncilmember
Adopted ML..— .3..Z.Q12. -0
f- ty Clerk /.67. 2"----
Approved... ..
Mayor
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Respectfully submitted, Referred to City Council for Consideration:
(Q``Z VV a,n i Lon4,r9 t9 I 21
R ert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding: Approved: •
-6/2)/i
.�-Y Pam Spaccarotella Date Human Rights and Relations Date
Finance Director Department
192912scp
PROVIDER against indirect liability or third-party at user's sole risk.
proceedings,CITY will indemnify PROVIDER for any 6.16 Dispute Resolution
such damages. The parties will use their best efforts to resolve amicably
6.11 Waiver any dispute, including use of alternative dispute
CITY waives all claims against PROVIDER, including resolution options.
those for latent defects,that are not brought within 6.17 Ownership of Work Product and Inventions
2 years of substantial completion of the facility designed All of the work product of the PROVIDER in executing
or final payment to PROVIDER,whichever is earlier. this PROJECT shall remain the property of PROVIDER.
• 6.12 Jurisdiction CITY shall receive a perpetual, royalty-free, non-
The substantive law of the state of the PROJECT site transferable, non-exclusive license to use the
shall govern the validity of this AGREEMENT,its deliverables for the purpose for which they were
interpretation and performance,and any other claims intended. Any inventions, patents,copyrights,computer
related to it. software,or other intellectual property developed during
the course of,or as a result of,the PROJECT shall
6.13 Severability and Survival remain the property of the PROVIDER.
6.13.1 If any of the Provisions contained in this
AGREEMENT are held for any reason to be invalid,
FORM 398
REVISED 1/06 4
uch as, but not limited
such policy. to, reassignment of personnel, subcontract termination
5.9 Litigation Assistance costs,and related closeout costs.
The Scope of Services does not include costs of 6.6 Suspension, Delay,or Interruption of Work
PROVIDER for required or requested assistance to CITY may suspend,delay,or interrupt the Services of
support, prepare, document,bring,defend,or assist in PROVIDER for the convenience of CITY. In such event,
litigation undertaken or defended by CITY. All such PROVIDER's contract price and schedule shall be
Services required or requested of PROVIDER by CITY, equitably adjusted.
except for suits or claims between the parties to this
AGREEMENT,will be reimbursed as mutually agreed. 6.7 No Third-Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone
5.10 Changes other than CITY and PROVIDER and has no third-party
CITY may make or approve changes within the general beneficiaries.
Scope of Services in this AGREEMENT. If such
changes affect PROVIDER's cost of or time required for 6.8 Indemnification
performance of the services,an equitable adjustment 6.8.1 PROVIDER agrees to indemnify CITY for any
will be made through an amendment to this claims,damages,losses,and costs, including,but not
AGREEMENT. limited to, attorney's fees and litigation costs,arising out
of claims by third parties for property damage or bodily
ARTICLE 6.GENERAL LEGAL PROVISIONS injury, including death,to the proportionate extent
6.1 Authorization to Proceed caused by the negligence or willful misconduct of
Execution of this AGREEMENT by CITY will be PROVIDER, PROVIDER's employees, affiliated
authorization for PROVIDER to proceed with the work, corporations,and subcontractors in connection with the
PROJECT.
unless otherwise provided for in this AGREEMENT.
6.8.2 CITY agrees to indemnify PROVIDER from any
6.2 Reuse of PROJECT Documents claims,damages,losses,and costs,including,but not
All reports,drawings,specifications,documents,and limited to, attorney's fees and litigation costs,arising out
other deliverables of PROVIDER,whether in hard copy of claims by third parties for property damage or bodily
or in electronic form,are instruments of service for this injury,including death,to the proportionate extent
PROJECT,whether the PROJECT is completed or not. caused by the negligence or willful misconduct of CITY,
CITY agrees to indemnify PROVIDER and PROVIDER's
FORM 39B
REVISED 1/06 3
98
REVISED 1/06 2
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