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RES 2004-0086 - PO to McGill Restoration Inc for restoration of parking garages
of 01"/"'NFBR Parks, Recreation & V`1 "s� l t VFDPublic Property Department ` `%; 1 O JAN 20 AM 9: ! �®.1 ± . Omaha/Douglas1819 Famam Street,Suite 701 o'h": F Omaha,Nebraska 68183-0701 � ro CITY 'CLERK (402)444-5900 OR'T.ED FEBO's O M A H A. NEBRASKA FAX(402)444-4921 City of Omaha Mike Fahey,MayorJanuary 27, 2004 Larry N.Foster Acting Director 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 McGill Restoration, Inc. to furnish all labor, materials and equipment necessary for restoration work on OmahaPark 1, 3, 4 and 5 for the Parks, Recreation and Public Property Department. The following bids were received on November 26, 2003: VENDOR BID MCGILL RESTORATION, INC. $ 619,432.00 Western Waterproofing $ 476,061.00 The low bid from Western Waterproofing Company of America did not meet bid specifications on the following: Bid Specifications Section 07100, Paragraph 2.1 A: Item 3. Topping shall be installed in three coats as follows: • Base Coat: 25 mils • Sand Coat: 15-20 mils • Lock (top) Coat: 10-15 mils Western Waterproofing Company of America bid a two (2) step process. The Finance Department is authorized to pay the cost of this project in the total amount of $619,432.00 from Fund#21116, Organization 131722, year 2004 funding. The contractor 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. • r , Honorable President and Members of the City Council Page -2- The Parks, Recreation and Public Property Department recommends the acceptance of the bid from McGill Restoration, Inc. and requests your consideration and approval of this Resolution. Respe u submitted, Approved: , F V/V/0,/ Larry N. Oster Acting Director ate Gail Kinsey T mpson Date Parks, Recreation and Human Relations Director Public Property Department Approved as to Funding: Referred to City Council for Consideration: 14310, Stanley P. Ti , irecto, Date Mayor's Office Date Finance Depa ment P:\Prppl\5026sap.doc . I- U r Z —0 W - U Z Z 0_ F— W - . — U Z Z 0_ I W — U Z Z W F- W — U Z - 0_ U t �- D J /--2 y,/n7 ZY l�_'�' 7 c^ • -- U :.. W ] `. I 0 • m Z ( ou Wc CO O E O Q m F... Eo U U J C Q C.) O U Q O • 0 m m Z O Q O C Q 0 n O LA Z W V cn o L = O O O W (8_ O .cn V) Q --I •• 2 0 ct cn a N .0 C� Q = co v � C0O RI CC OZQ a, up n. ZO Y > v) c 0 co Q' m CD 0- JD .- M 0 � d 3 m o E r a Ca CO Q a) > 0- - I— o z o a 0 ppreamoleM • o�OI,�/.HA,h•�� C EI V ED Parks, Recreation & A ,� �'.� 1 Public Property De artL-Pnt ����� PM 2: 32 p � p TfrAYI/ !j� { 04'JA14 20 Omaha/Douglas Civic Center �^ 1819 Famam Street,Suite 701 o'' ``fi CL_1=C�#\ Omaha,Nebraska 68183-0701 �,� ro ► t � P4/zb rEss`31* {) ��� ��►1~ S ', (402)444-5900 FAX(402)444-4921 21 City of Omaha Larry N.Foster Mike Fahey,Mayor Acting Director January 16, 2004 Western Waterproofing Company of America • • 14515 Grover Street Omaha, Nebraska 68144 RE: Bid on "Parking Garages Restoration Various Locations, Project No. PKR 1247", which opened November 26, 2003. Gentlemen: Section 10-1 10 of the Omaha Municipal Code allows a department director to reject any bidders bid because the bids received were non-compliant to specifications. This letter is to serve as written notice that your bid is being rejected because the bid does not meet the required specifications. The attached memorandum details the reasons detailing non- compliance to specifications. Recommendation and resolution is being forwarded to the City Council to recommend award to another bidder. Sincere , Larry N. Foster Acting Director— Parks, Recreation & Public Property C: Pat Burke, Purchasing Agent -,Buster Brown, City Clerk • f MEMORANDUM Bid specifications Section 07100, Paragraph 2. 1 A: Item 3 stated Topping shall be installed in three coats as follows: • Base Coat: 25 mils • Sand Coat: 15-20 mils • Lock (top) Coat: 15-20 mils Western Waterproofing Company of America bid a two (2) step process. e Inter-Office Communication Date: January 8, 2004 • To: Gary Deveney Golf/Parking Facilities Manager From: Gail Kinsey Thompson 64:e/er Human Relations Director) Subject: Parking Garages Restoration Various Locations-PKR 1247 The Human Relations Department and the Parks Department set a goal of 5% on this project. The bids opened on November 26, 2003 Western Waterproofing bid did not meet bid specifications and the next lowest and best bid was McGill Restoration, Inc. McGill Restoration, Inc. - $619,432.00 McGill Restoration, Inc. listed the following PBE/DBE companies on exhibit A: Labor Works $16,755.00 2.70% Adams Painting $13,669.00 2.21% Neon Products $19,500.00 3.15% Total $49,924.00 Goal Achieved 8.06% McGill Restoration, Inc. did submit bid verifications for Labor Works, . Adams Painting and Neon Products Co. Inc. All three companies listed on exhibit A are certified as DBE/PBE Companies with the City of Omaha. McGill Restoration, Inc. did submit exhibit B. They also have a current CC- 1 on file. The CC-1 expires on 1-7-06. The Human Relations Department is recommending McGill Restoration, Inc. They exceeded the DBE/PBE goal and achieved 8.06%. The have also provided all the necessary documentation required by Section 10-196. i/ / 5 .. c, 6 `? V� N'� Proposal c` = `Yr , for Project No: PKR 1247 Omaha,Nebraska Bid Opening Date: November 26,2003 Mayor and CityCo uncil City of Omaha Omaha,Nebraska The undersigned,having carefully examined the plans, specifications and all addenda thereto, and other contract documents,for the construction of: Parking Garages Restoration,Various Locations being PKR 1247 and having carefully examined the site of work and become familiar with all local conditions including labor affecting the cost thereof, do thereby propose to furnish all labor, mechanics, superintendence, tools, material, equipment and all utilities,transportation.and services necessary to perform and complete said work, and work incidental thereto, in a workmanlike manner, as described in said plans, specifications and other contract documents,including Addenda Numbers 1 issued thereto for the base bid sum Six Hundred Nineteen Thousand Four Hundred THirty—two DOLLARS and no CENTS($ 619,432.00 The undersigned further certifies that he has personally inspected the actual location of the work, together with the local sources of supply, and that he understands the conditions under which the work is to be performed, or that if he has not so inspected the site and conditions of the work, that he waives all right to plead any misunderstanding regarding the work required or conditions peculiar to the same. The undersigned understands that the "QUANTITY" called for in the "SCHEDULE OF PRICES" is subject to increase or decrease, and hereby proposes to perform all quantities of work, as increased or decreased, in accordance with the plans and the provisions of the specifications at the unit price bid. The following is the itemized proposal: Construction P-1 8/97 Schedule of Prices (P-2) Item= Description —Estimated Unit Unit Price Bid Price • Quantity(*). . 101 Mobilization 1 LS $ 30000. $ 30,000. 102 Miscellaneous.Repair Allowance 1 LS $25,000.00 $25,000.00 315 OverheadNertical Concrete Patching 10 SF $ 50. (Less than 4"Deep) $ 500. 316 Overhead/Vertical Concrete Patching 5 SF $ (4"-to 8"Deep) 60. $ 300. 360 Stoop Slab Repair(Full Depth) 25 SF $ 42. $ 1 ,050. 371 Post-Tensioned Concrete Slab Repair 125 SF $ (Less Than 4"Deep) 25• $ 3,125. 710 Concrete Sealer 1 LS $ 27013 . $ 27,013. 720 Cove Sealant 4,000 LF $ 2.50 $ 10,000. 722 Crack Repair 1,500 LF $ 2.00 $ 3,000. 740 Construction Joint Repair 1,100 LF $ 8.00 $ 9,100. 741 Traffic Topping Repair 4,700 SF $ 1.95 $ 9,165. 742 Protective Coating at Column Tops 42 EA $ 50. $ 2,100. 743 Heavy Duty Traffic Topping 1 LS $ 424,000. $ 424,000. 744 Flashing Replacement 15 LF $ • 750 Roofing Replacement 50 $ 750. 1 LS $ 10973. $ 10,973. 810 Coiling Overhead Door Replacement 4 EA $ 3125. $ 12,500. 811 Coiling Overhead Door Replacement. 2 EA (Electric) $ 6000. $ 12,000. • 901 Painting - 1 LS $ 7236. $ 7,236. 902 Pavement Markings 1 LS $ 8100. $ 8,100. 1001 Fire Extinguisher Cabinet Replacement 5 EA $ 300. $ 1 ,500. 1005 Electric Sign Replacement 6 EA $ 3670- $ 22,020, • Base Bid Total $ 619,432.00 SF: Square Foot LF: Lineal Foot LS: Lump Sum EA: Each (*): Quantities indicated herein are approximate only and are for bidding and contract purposes only.They will be subject to increase or decrease by actual site conditions and requirements to complete the Work. The Contractor hereby agrees to perform all quantities of Work as either increased or decreased,as required by the Engineer in accordance with the provisions of the Contract Documents. The final payment to the Contractor shall be based on the Unit Prices bid and the actual quantities completed. • P-2 1 , 1 The City of Omaha will furnish the successful contractor with Form No. 92, PURCHASING AGENT APPOINTMENT AND EXEMPT SALE CERTIFICATE, for all material items required in the construction of this project, which the State of Nebraska considers to be exempt from the State Sales Tax. For each bid item, the bidder shall quote a TOTAL UNIT PRICE. The UNIT PRICE shall include all costs, including material, necessary to complete the UNIT item of work. Failure to quote a TOTAL UNIT PRICE may be cause for rejection of the proposal. In the event of discrepancy between the TOTAL PRICE quoted in the proposal and a correct summation of the products of QUANTITY and TOTAL UNIT PRICES the latter shall control. The undersigned hereby agrees to furnish the required bonds and to sign the contract within ten (10) calendar days from and after the acceptance of this proposal,and further agrees to begin and complete all work covered by the plans and specifications within the time limits set forth herein. Accompanying this proposal, as a guaranty that the undersigned will execute the contract agreement and furnish a satisfactory bond in accordance with the terms and requirements of the specifications, is a cashier's check, a certified check,United States Government Bond(negotiable)or a bidder's bond for $ 50 of bid bond It is hereby agreed that in case of failure of the undersigned either to execute the contract agreement or to furnish satisfactory contract bond within ten (10) days after receipt of NOTICE TO AWARD, the amount of this proposal guaranty will be retained by the City of Omaha, Nebraska, as liquidated damages arising out of the failure of the undersigned either to execute the contract agreement or to furnish bonds as proposed. It is understood that in case the undersigned is not awarded the work, the proposal guaranty will be returned as provided in the specifications. The undersigned agrees to accomplish the work in its entirety (See Special Provisions for Completion Dates) and shall be prepared to begin February 1, 2004 and to forfeit liquidated damages as set forth in Section 8.09 of the Specifications in the event of over-run of time. • The undersigned also agrees, if awarded the Contract, to furnish bonds as required by the specifications for the faithful performance of the work and guarantee workmanship and material under Contract for a period of two (2) years from the date of final acceptance of the work. Construction P-3 3/20/03 , If awarded the Contract, our Surety will be North American Speciality Insurance Company (Name of Surety Company) of Itasca Illinois Respectfully submitted, Sigiatu1e of Bidder: (a) If an individual doing business as: (b) If a Partnership: P Member of Firm Member of Firm (c) If a Corporation: McGill Restoration, Inc. Name of Corporation . � r Officer imothy P. McGill President Title Witness ATTEST: Joanne M. Wilds Business Address and Telephone No.: McGill Restoration Inc. 1010 North 42nd Street Omaha, NE. 68131-1003 (402) 558-7989 Construction P-4 8/97 "CERTIFICATE " A Corporate Contractor, in submitting this Proposal,hereby represents that the Corporation has complied with all Nebraska Statutory requirements, which are prerequisite to its being qualified to do business in the State of Nebraska,or that it will take all steps necessary to so qualify,if the successful bidder. I McGill Restoration, Inc. Name of Corporation Timothy P. McGill Officer President Title If Foreign Corporation: Nebraska Resident Agent • Construction P-S 8/97 g ' Protected and/or Disadvantaged Business ess Checklist Items Listed Below must be submitted with Bid: 1. ® Exhibit A - completed Protected and/or Disadvantaged Business Participation Form. g Disclosure All PBE/DBE Subcontractors su bmitted on Exhibit A must be certified with the City of Omaha Human Relations Department prior to the time of the bid opening. A current list is available on the City of Omaha's web site,www.ci.omaha.ne.us/Departments/Human Relations or can be requested through the Human Relations Department at 402-411-5055. 2. x Verification in writing from each PBE/DBE Subcontractor showing that PBE/DBE Subcontractor has agreed to perform the work identified on Exhibit A, Protected and/or Disadvantaged Business Disclosure Participation Form. Telephonic verifications will not be accepted. 3. _.x, If you have not met the PBE/DBE goal established for this project, evidence of good faith efforts must be submitted with your bid. (If you have questions regarding what constitutes good faith efforts please see the Protected and/or Disadvantaged Business Enterprise Participation contract specifications or contact the Human Relations Department.) 4. Ix J Exhibit B — completed Contractor Employment Data Form. • Should the bidder fail to comply with the above, its bid will be subject to rejection. • In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. P-6 PBE/DBE 12/5/02 Project Name: Parking Garage Restoration, Various Locations PKR 1247 EXHIBIT "A" PROTECTED AND/OR DISADVANTAGED BUSINESS DISCLOSURE PARTICIPATION FORM THIS FORM MUST BE SUBMITTED WITH THE BID In the performance of this contract, the contractor proposes and agrees to make good faith efforts to contract with eligible City of Omaha certified PBE and/or DBEs. Should the below listed PBE and/or DBE subcontractor be determined to be unable to perform successfully or Is not performing satisfactorily, the Contractor shall obtain prior approval from the Human Relations Department Director or a designee, for substitution of the below listed subcontractor with a City of Omaha certified PBE and/or DBE. In submitting this form, the Bidder Is certifying that it has contacted City of Omaha Human Relations Department prior to bid opening regarding this project and has afforded subcontractors participating In the program the opportunity to submit bids on this protect. Type of work and Projected contract item or commencement Name of PBE parts thereof to be and completion *Agreed price with and/or DBE Address performed date of work PBE/DBEs Percentage(%) Labor Works JUUJ Leavenworth .eneral labor z/'61`04 Omaha, NE. 68105 on entire project 7/15/04 $16,755. 2.70 AdamsPainting N 24th St. /U4 �uai�� 2505N. �zu Items � c. v i� v� Co. Omaha, NE. 901 and 742 7/15/04 $13,669. 2.21 Neon Products 1331- Park Ave. Item # 2/01/04 Co_ Inc. Omaha, NE. 68105 1005 7/15/04 $19,500. 3.15 • Totals $49,924. 8.06 *Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column;total in this column must equal the PBE/DBE goals. CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with Protected and/or Disadvantaged business enterprise(s) (which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false, or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements, intentions, objectives, goals, and comments set forth herein without prior approval of the Director of the Human Relations Department,such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally, the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature T. thy P. McGill Title President Date of Signing November 26, 2003 Firm or Corporate Name McGill Restoration, Inc. Address 1010 N. 42nd St. Omaha, NE. 68131 Telephone Number (402) 558-7989 P-7 PBE/DBE 12/5/02 Project Name. Parking Garage Restoration, Various Locations PKR 1247 EXHIBIT "B" CONTRACTOR EMPLOYMENT DATA THIS FORM MUST BE SUBMITTED WITH THE BID BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING WORK FORCE DATA WITH EACH BID (Protected Class is defined as Black, Hispanic,Asian and Pacific Islander,American Indian or Alaskan Native, Female.) Total Employees Protected Class Males Protected Class Females American American Total Total Asian or Indian or Asian or Indian or Work Protected Pacific Alaskan Pacific Alaskan Date Force . Class Black Hispanic Islander Native Black Hispanic Islander Native White 11/26/ 03 31 4 2 1 1 *Refer any questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department (402) 444-5400 or as shown on bid. All 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 Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any Questions regarding the Contract Compliance Ordinance should be directed to the Human Relations Department at(402)444-5055. (PLEASE PRINT LEGIBLY OR TYPE) Firm'sName: McGill Restoration, Inc. 11/26/03 (Date of Signing)_ Signature: Timothy P. McGill President (Print Name) (Title) (Signature) • P-8 PBE/DBE 12/5/02 ..--. - ---- -- — rh^r\J 6 RGL 4YJG 444 47c1 r.r1Gi YJ4 4„� A1tA, Finance Department !CAP!' Purchasing Division Omahu/Doug{u Civic Center ot; �r 1819 Farnam Street,Suite 1003 tq' t� Omaha,Nebraska 68183-1003 *'Teo►eso)). (402)444-5400 Fax(402)444-5423 Gee of Omni* . Mile Palmy,Mayor FrankAg our Acting Purchasing g Agent November 17, 2003 NOTICE TO BIDDERS: REQUEST FOR BID ON PARKING GARAGES RESTORATION VARIOUS LOCATIONS Closing Date: November 26, 2003 at 11:00 A.M. ADDENDUM #1: • See attached sheets pertaining to CONTRACT DOCUMENTS AND SPECIAL PROVISIONS. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS SHEET WITH YOUR BID. Frank Barbour Acting City Purchasing Agent FB:js McGill Restoration, Inc. Name f Firms r��C- Signed By imothy P. McGill President Title 11/24/200J Lb: ut)4 ,4Dilco • Labor :. . . 40Z.34S-IY�RK(9675) 3003 L Street that Works. FAX 402-345-7126 Omaha, NE 6810 68105 To: McGill Restoration From: Marta Foust/LaborWorks Re: Temporary Labor Dear Sirs; LaborWorks will provide temporary workers for the project"Parking Garage Restoration" Code#PKR 1247 for various locations to McGill Restoration. Total Hours: Bill Rate Total Charges 1500 $11.17 per hour $16,755.00 Respectful1) Marta Lydia Foust Area Director of Operations 5 04:11P FROM: uJJocc�r� . AL AMS PAINTING COMPANY 2505 rv. Street 2) r Telephone:: (402) Fax: (402) 991-6448 NOVEMBER 24TB 2003 Mc GILL Restoration Inc. 1010-N.42'D street Omaha 68131 RE;CITY OF Omaha Parking Garages Restoration(Park One) ADAMS PAINTING CO. TO AFTER LOOKING AT THE ABOVE PROJECT WE WILL GIVE A QUOTE FOR APPLYING PRIMER THE CONCRETE SURFACE TO BE COATED. PER WORK ITEM#743 WE QUOTE THE PRICE OF$8000.00 ULLY trty) ADAMS PAINTING COMPANY 2505 N. 24t' Street—Suite 412, FBXha�Z)991-6448 Telephone: (402) 558-0300 NOVEMBER 24,2003 Mc Gill Restoration Inc_ 1 010-N.42" Street Omaha,Nebraska 68131 RE:City of Omaha Parking Garage Restoration(Park One) Adams Painting Co. around Will give a quote for sy rem painting of a The ne(6)six overhead Doors,mecs (4)four coat systems metal framing Doors.The paint The Interior Concrete Ceiling on the 8`"floor will be coated with Tnemec 180 Theme-crate. Our Quote for labor,and materials are $ 5.669.00 For the above Res ctfully b bmitted ale A a NOV-LD LUUJ iUt, FW ut'.;,, -- - otia • B 1 fl CO)um. 0 U a. 1 331 PARK AVENUE OMAHA,NEBRASKA 68105 C5 f-t1 ai 402-346-6447 • 402-346-9260 FAX November 25, 2003 To: General Contractors Re: Signage Quote for Omaha Park One • To remove and discard (4) Do Not Enter signs and (2) Park Full signs. Fabricate and install (4) new Do Not Enter signs and (2) Park Full signs per AGA specification (10/22/03) Price: $19,500.00 plus sales tax and city permits (If Applicable) r�• Nv~ tic Proposal i\\- for V, _ , .; I ,L >..7 Project No: PKR 1247 Omaha,Nebraska Bid Opening Date: November 26,2003 I Mayor and City Council City of Omaha IOmaha,Nebraska The undersigned, having carefully examined the plans, specifications and all addenda thereto, and other contract 1 documents,for the construction of: Parking Garages Restoration,Various Locations being PKR 1247 Iand having carefully examined the site of work and become familiar with all local conditions including labor affecting the cost thereof, do thereby propose to furnish all labor, mechanics, superintendence, tools, material, equipment and all utilities, transportation and services necessary to perform and complete said work, and work I incidental thereto, in a workmanlike manner, as described in said plans, specifications and other contract documents,including Addenda Numbers one (1) issued thereto for the base bid sum 0 Four Hundred Seventy Six Thousand and Sixty One DOLLARS and no CENTS ($ 476,061.00 ) The undersigned further certifies that he has personally inspected the actual location of the work, together with the local sources of supply, and that he understands the conditions under which the work is to be performed, or that if he has not so inspected the site and conditions of the work, that he waives all right to plead any - misunderstanding regarding the work required or conditions peculiar to the same. The undersigned understands that the "QUANTITY" called for in the "SCHEDULE OF PRICES" is subject to increase or decrease, and hereby proposes to perform all quantities of work, as increased or decreased, in accordance with the plans and the provisions of the specifications at the unit price bid. IThe following is the itemized proposal: IIConstruction P-1 8/97 ill • II I II 1 ' ' Schedule of Prices (P-2) Item Description Estimated Unit Unit Price Bid Price I Quantity(*) 101 Mobilization 1 LS $6C $-E.0 102 Miscellaneous. Repair Allowance 1 LS $25,000.00 $25,000.00 1 315 Overhead/Vertical Concrete Patching 10 SF $ - $ (Less than 4"Deep) 9L 316 OverheadNertical Concrete Patching 5 SF $ � $ -� }- I (4"to 8"Deep) jjo j 360 Stoop Slab Repair(Full Depth) 25 SF $ 7O $, --,a3- 371 Post-Tensioned Concrete Slab Repair 125 SF $ io -- $ h�,0 I (Less Than 4"Deep) 710 Concrete Sealer 1 LS 79'i%(J ( U 720 Cove Sealant z"� I 4,000 LF $ $ ( i 722 Crack Repair 1,500 LF $ /> 7-J $ L J 740 Construction Joint Repair 1,100 LF $ c 3-.2 j $". 7'y� 741 Traffic Topping Repair 4,700 SF $ 'h G $/ , 742 Protective Coating at Column Tops 42 EA $\i?J c;'41-' $1. -5) " 1 743 Heavy Duty Traffic Topping 1 LS $- y5G $�c 9�) 744 Flashing Replacement 15 LF $ - $ 966 750 Roofing Replacement 1 LS $/O j, 9 $`()zWO I 810 Coiling Overhead Door Replacement 4 EA $ _04 ri - S/',._,-j- )--0 811 Coiling Overhead Door Replacement 2 EA $ •/C $j� �., I (Electric) 901 Painting 1 LS $/? I. 5/ -5 902 Pavement Markings 1 LS ••")--( .-0- $ I 1001 Fire Extinguisher Cabinet Replacement 5 EA $- /�C) z,C1 1005 Electric Sign Replacement 6 EA $. ' "O• $ r3 j I f / o C) Base Bid Total $ -7`C�;�i. SF: Square Foot LF: Lineal Foot 1 LS: Lump Sum EA: Each I (*): Quantities indicated herein are approximate only and are for bidding and contract purposes only.They will be subject to increase or decrease by actual site conditions and requirements to complete the Work. The Contractor hereby agrees to perform all quantities of Work as either increased or 1 decreased,as required by the Engineer in accordance with the provisions of the Contract Documents. The final payment to the Contractor shall be based on the Unit Prices bid and the actual quantities completed. I P-2 , The City of Omaha will furnish the successful contractor with Form No. 92, PURCHASING AGENT APPOINTMENT AND EXEMPT SALE CERTIFICATE, for all material items required in the construction of this project,which the State of Nebraska considers to be exempt from the State Sales Tax. 1 For each bid item, the bidder shall quote a TOTAL UNIT PRICE. The UNIT PRICE shall include all costs, including material, necessary to complete the UNIT item of work. Failure to quote a TOTAL UNIT PRICE may be cause for rejection of the proposal. In the event of discrepancy between the TOTAL PRICE quoted in the proposal and a correct summation of the products of QUANTITY and TOTAL UNIT PRICES the latter shall control. The undersigned hereby agrees to furnish the required bonds and to sign the contract within ten (10) calendar days from and after the acceptance of this proposal,and further agrees to begin and complete all work covered by the plans and specifications within the time limits set forth herein. Accompanying this proposal, as a guaranty that the undersigned will execute the contract agreement and furnish a satisfactory bond in accordance with the terms and requirements of the specifications, is a cashier's check, a certified check,United States Government Bond (negotiable)or a bidder's bond for $ 5% of bid. 1 It is hereby agreed that in case of failure of the undersigned either to execute the contract agreement or to furnish satisfactory contract bond within ten (10) days after receipt of NOTICE TO AWARD, the amount of this proposal guaranty will be retained by the City of Omaha, Nebraska, as liquidated damages arising out of the failure of the undersigned either to execute the contract agreement or to furnish bonds as proposed. It is understood that in case the undersigned is not awarded the work, the proposal guaranty will be returned as provided in the specifications. The undersigned agrees to accomplish the work in its entirety (See Special Provisions for Completion Dates) and shall be prepared to begin February 1,2004 and to forfeit liquidated damages as set forth in Section 8.09 of the Specifications in the event of over-run of time. The undersigned also agrees, if awarded the Contract, to furnish bonds as required by the specifications for the faithful performance of the work and guarantee workmanship and material under Contract for a period of two(2) 1 years from the date of final acceptance of the work. I I Construction P-3 3/20/03 • I 1 If awarded the Contract, our Surety will be National Fire Insurance Company (Name of Surety Company) of Hartford Respectfully submitted, Signature of Bidder: (a) If an individual doing business as: (b) If a Partnership: Member of Firm I Member of Firm (c) If a Corporation: Western Waterproof inc; Company of America P Y Napie,,,r6otion 3 — / Officer John W. Kuti Branch Manager Title I/z C, l c� GENERAL NOTARY-State of Nebraska Witness ATTEST: My Comm.Exp Aug 6,2007 • Business Address and Telephone No.: 14515 Grover Street Omaha, Nebraska 68144 (402) 333-3647 Construction P-4 8/97 I • "CERTIFICATE " A Corporate Contractor, in submitting this Proposal,hereby represents that the Corporation has complied with all Nebraska Statutory requirements, which are prerequisite to its being qualified to do business in the State of Nebraska, or that it will take all steps necessary to so qualify,if the successful bidder. i Western Waterproofing) Company of America- Name.of 9rpp,rati n Officer John W. Kuti Branch Manauer Title 1 If Foreign Corporation: Nebraska Resident Agent 1 1 I Construction P-5 8/97 I 1 Protected and/or Disadvantaged g Business Checklist Items Listed Below must be submitted with Bid: 1• � Exhibit A - completed Protected and/or Disadvantaged Business rrsiness Disclosure Participation Form. All PBE/DBE Subcontractors submitted o City of Omaha Relationsn Exhibit A must be certified opening. A current Human list is Department bid the available on the Cityof Omaha's the time of the bid site,tivww.ci.omaha.ne.us/Departments/Hu maha's web through the Human Relations Department man Relations or can be re P rtment at 402-444_5055 quested 2. Verification in writing from PBE/DBE Subcontractor has a each PBE/DBE Subcontractor showing that the reed toA, Protected and/or Disadvantaged gu Ijle°� the work identified on Exhibit accepted. Participation Form, 3. ❑ If you have not met the PBE/DBE goaI established for this project, evidence good faith efforts must be submitted with ou regarding what constitutes Y r bid. (If you have questionsof od faith efforts please see the Protected a Participation contract specificatioand/or Disadvantaged Business Enterprise P rtment.) ns or contact the Human Relations De 4. Exhibit B — completed Contractor Employment Data Form. • Should the bidder fail to Comply with the above, its bid will be subject • In Addition please review all the specifications certain of a complete and compliant bid. and bid enclosures to be • P-6 PBE/DBE 12/5/02 .1 • WILLIAMS CONSTRUCTION 2420 Manderson Street Omaha, NE 68111 PH: 451-7273 November 26, 2003 Western Waterproofing Company of America Mr. John Kuti 14515 Grover Street Omaha, NE 68144 RE: City of Omaha project: PKR 1247 Parking Garages Restoration, Various Locations Dear Mr. Kuti: We will furnish the deck coating material as per specifications for the above referenced project for the amount of$41,000.00. Please contact me if you have any questions. Cordially, Dewey W lliams Williams Construction Co. DW r. liliii01 rmu lm� COI 13,E 7 PARK AVENUE OMAHA,NEB1?ASKA 6 402�.346-5447 • 402..346-925C) FAX 8 �5 November 25, 2003 To: General Contractors Re: Signage Quote for Omaha Park One To remove and discard (4) Do Not Enter signs and (2) Park Full signs. Fabricate and install (4) new Do Not Enter signs and (2) Park Full signs per AGA specification (10/22/03). Price: $19,500.00 plus sales tax and city permits (if Applicable) 11545 • .;�,.. i J •. ;�, .-_�.��<= ,;�.:.� ' � � WALL COVERING ';�,':•: ` ',.:�s� t+•t.•�.�:��:::r,:, :_'.. A DIVISION OF BIB PROFESSIONAL SERVICES 4736 N 39 H ST OMAHA �.i:`f:;E: ; ,, ..::• ,,�� (`�0' )95;I-I54� � 68111 FAX PHONE/(402)208-0317 MOBIL PROPOSAL ... TO: W.L.--;:_s-/Z-A,t) - /! -a A ci r, /!(t—/4) WE PROPOSE TO FURNISH ALL LABOR AND MATERIALS TO PERFORM THE FOLLOW�JiT1Ci: 1'O DO ALL PAINTING AS TO SPECS AND PLANS SECTION 09900 PAINTING FOR OMAHA PARKONE, FINISH SCIiE.DUAL. 4LL MATERIAL IS GUARANTEED TO BE AS SPECIFIED, AND THE ABOVE_ WORK TO BE PERFORMED IN ACCORDANCE WITH THE OWNERS SPECIFICATION, AND IN A `WORKMANLIKE MANNER. SUBSTANTIAL ' TZAI, FOR. THE SUM OF:($I,150) RESPECTFULLY SUBMITTED THOMAS D NOEL ACCEPTED DATE Project Name: Parking Garages Restoration, various locations, PKR 1247 EXHIBIT "A" PROTECTED AND/OR DISADVANTAGED BUSINESS DISCLOSURE PARTICIPATION FORM THIS FORM MUST BE SUBMITTED WITH THE BID In the performance of this contract, the contractor proposes and agrees to make good faith efforts to contract with eligible City of Omaha certified PBE and/or DBEs. Should the below listed PBE and/or DBE subcontractor be determined to be unable to perform successfully or is not performing satisfactorily, the Contractor shall obtain prior approval from the Human Relations Department Director or a designee, for substitution of the below listed subcontractor with a City of Omaha certified PBE and/or DBE. In submitting this form, the Bidder is certifying that it has contacted City of Omaha Human Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the program the opportunity to submit bids on this project. Type of work and Projected contract item or commencement Name of PBE parts thereof to be and completion *Agreed price with and/or DBE Address performed date of work PBE/DBEs Percentage (%) 2420 Manderson Williams Const. Omaha, NE 68111 Coating 743 $41,000.00 1331 Park Ave. Electric Signs Neon Products Omaha, NE 68105 1005 $19,500.00 4736 N .39 St. B.P. Painting Omaha, NE 68111 Painting 901 $ 1,150.00 & Wallcovering Totals *Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column; total in this column must equal the PBE/DBE goals. CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with Protected and/or Disadvantaged business enterprise(s) (which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure bythe successful bidder i.e. the Contractor) to implement the stated agreements, intentions, objectives, goals, and comments ( set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be i o, and not in lieu of,any other-rights or remedies the City of Omaha may have for other defaults under the Cori act, under Qity of O a a's Cvn'trad C pliance Ordinance or otherwise. Additionally, the Undersigned/Conti for will be sub j to t s a act Awards. Signature Title Brancheer Date of Signing Firm or Corporate Name/Western Waterproof ing Company of America Address 14515 Grover Street, Omaha, NE 68144 Telephone Number (402) 333-3647 P-7 PBE/DBE 12/5/02 • Project Name. P�r1cini GArCes RPStoration, various locations, PKR 1L4/ • EXHIBIT "B" CONTRACTOR EMPLOYMENT DATA THIS FORM MUST BE SUBMITTED WITH THE BID BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING WORK FORCE DATA WITH EACH BID (Protected Class is defined as Black, Hispanic,Asian and Pacific Islander,American Indian or Alaskan Native, Female.) Total Employees Protected Class Males Protected Class Females American American Total Total Asian or Indian or Asian or Indian or Work Protected Pacific Alaskan Pacific Alaskan Date Force Class Black Hispanic Islander Native Black Hispanic Islander Native White 9/27/03 14 2 1 1 *Refer any questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department(402) 444-5400 or as shown on bid. All 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 Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received tofthe Human R at ons Deelatfons partmepartment. Any t at(402)444 055tions regarding the Contract Compliance Ordinance should be directed (PLEASE PRINT LEGIBLY OR TYPE) Firm's Name: Western Waterproofing Company of Aner (l ate of Signing) /% ' i " « /-i7 - � Signature: John W. Kuti, Branch Manager( _i G� .. /` " (Print Name) (Title):-';--- (Signature) i• . P-8 PBE/DBE 12/5/02 I I f :_.:i;F:?a•'�-,frtt�:o'61d�w6.�S -_-w.:a'�xhS.n.:ti:,.t''..•...,i:wA.,a...a...r�du._ i..._... __......_.. -- . t—' WAN ii . .:�: ..` ' . ,„.....w.,,... ..,. p...,, ,e,„...4„ ..,,,vc.r. trwizi s vigug: ATER:P-ROOFING COMPANY OF AMERICA C O N T R A`.,Ca`T O R S • A MISSOURI CORPORATION CORPORATE RESOLUTION Date: November 26, 2003 Resolved that John Kuti, Branch Manager of Western Waterproofing Co. of America be and he is hereby authorized to execute any and all contract documents on behalf of the company, with specific regard to contract entered into by Western Waterproofing Co. of America and the City of Omaha, Nebraska, 1819 Farnam Street, Omaha, Nebraska 68183 for certain services described as Parking Garage Restoration, Various locations, and to do and perform such other acts and things on behalf of the company, including the execution of any and all further papers and documents as may be necessary or deemed by said contract to be advisable to enable this company to perform the terms and conditions of the aforesaid contract. Western Waterproofing Co. of America By: -=�� / Secretary Sworn and subscribed to before me, a Notary Public for the State of Missouri at large this November 26, 2003. +€4: Notary Public 4 di.,,,,,, 4,,,,,,,y 4/,/,,...,7 .,. • „00 ., A MEMBER OF THE WESTERN GROUP • 1637 N.WARSON RD. • ST.LOUIS, MO 63132 • (314)427-6733 L .. 4w- - f zwly, ATERPROOFING COMPANY OF AMERICA CONTRACTORS • A MISSOURI CORPORATION 14515 GROVER STREET•OMAHA,NE 68144•(402)333-3647•FAX(402)333-6162 November 26, 2003 TO: City of Omaha RE: Parking Garage Restoration Project, PKR 1247. Gentlemen: For your information we are submitting the following value engineered cost savings: Items #810 and #811 (Coiling Grilles.) 1) Delete keyed lock and interlock on motor deduct .$400.00 2) Utilize standard lattice pattern in lieu of brick pattern deduct $2,000.00 3) Delete card reader deduct $1,400.00 • John . uti Branch Manager JWK/js A MEMBER OF THE WESTERN GROUP • 1637 N.WARSON RD. • ST.LOUIS,MO 63132 • (314)427-6733 1iHHA m- R H 1 E.: `{.. re 402 444 4921 P,1-L) , o4,scr a,�y Finance Department fPurcib �� hasing Division • '1a'1R.a. _ ►'1?� ����.; +fit Omaha/Do„s1,5 Civic Center -.! •!!�` ,�. I819 Fa,na n Street,Suite I003 off.`., .,...�. b j%ro Omaha,Nebraska 68183-I003 raaR°* (402)444.5400 Fax(402)444-5423 •Gty of Omaha Frank Barbour Mike Fahey,Mayor Acting Purchasing Agent November 17, 2003 NOTICE TO BIDDERS: REQUEST FOR BID ON PARKING GARAGES RESTORATION VARIOUS LOCATIONS Closing Date: November 26, 2003 at 11:00 A.M. ADDENDUM#1: • See attached sheets pertaining to CONTRACT DOCUMENTS AND SPECIAL PROVISIONS. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS SHEET WITH YOUR BID. Frank Barbour Acting City Purchasing Agent FB:js Nameirrn 7 Signed By• Title c 25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on November 26, 2003 to furnish all labor, materials and equipment necessary to complete the restoration of OmahaPark 1, 3, 4 and 5 for the Parks, Recreation and Public Property Department; and, • WHEREAS, Western Waterproofing Company of America submitted a bid in the amount of $476,061.00, being the lowest and best bid received, within bid specifications, attached hereto and made a part hereof; and, WHEREAS, the low bid from Western Waterproofing Company of America did not meet bid specifications on the following: Bid Specifications Section 07100, Paragraph 2.1 A: Item 3, Topping shall be installed in three coats as follows: Base Coat: 25 mils; Sand Coat: 15-20 mils; Lock (top) Coat: 10-15 mils. Western Waterproofing Company of America bid a two (2) step process; and, WHEREAS, the second best bidder was McGill Restoration, Inc., submitting a bid of$619,432.00, which meets all bid specifications; and, WHEREAS, McGill Restoration, 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 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$619,432.00 from McGill Restoration, Inc. to furnish all labor, materials and equipment necessary for the Parks, Recreation and Public Property Department to complete the restoration of various parking garages per plans and specifications dated November 26, 2003 is hereby accepted, and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from 2004 Fund 21116, Organization 131722. P:\Prpp1\5027sap.doc APPROVED AS TO FORM: ace `_ ,01- 0 y //' CITY ATTORNEY DATE Ikd :• ' pVim ... By i ., C ncilmember Adopted f; ..`1\pi 2004 '( 'St6 , r City Clerk Approved- U ' 1. /O May o ` 1 z. "11 0 ‘h, . 4) i." •:::::N 1ZS' 0 0 p cp cv .71 0 O b , `, w Q 0 O cp A�1Ju O Z Q+ -.4 o N `77 �' CD 0 p, O CD Ct Ns C 'p a n n Cr N .0 (D , 01 • .-' CD "t " cr 0 --t ~-' ' I p0 - � V) w �_ 1 + �\` r N -= U4 O ,' ro O 0 O • ^/ ` V, T ATE' iPROOFING COMPANY- OF AMERICA CONTRA ORS • A MISSOURI CORPORATION 14515 GROVER STREET•OMAHA,NE 68144•(402)333-3647•FAX(402)333-6162 January 27, 2004 C O I Omaha City Council Omaha Douglas Civic Center ' Ts, 1819 Farnam Street m (73 Rm LC-1 .r— -0 Omaha,NE 68183 r RE: Parking Garage Restoration(PKR 1247) TO: All Omaha City Council Members. We, Western Waterproofing Company of America, located at 14515 Grover Street in Omaha,Nebraska,have been doing business in Omaha over 50 years. We, Western submitted the low responsive bid for Parking Garage Restoration Project#PKR 1247 on November 26, 2003. Western's bid had no exceptions nor does our bid state any particular products or systems. It clearly states per plans, specifications and addenda. If Western did not acknowledge the addendum our bid would be rejected. The addendum issued by the city's engineer/architect states"Iso Flex 760 low odor HVT System, LymTal International, Inc. This is a 2 coat system. We, Western were bidding the specified 3 coat system until the addendum was issued. We realized that the new system approved by the addendum would offer the City of Omaha the latest technology of deck coatings. It has three advantages: 1) It is the newest technology. 2) It is less costly due to a labor savings to eliminate a coat, but still provides the same thickness of material. 3) It reduces the shut down time of the garage. A MEMBER OF THE WESTERN GROUP • 1637 N.WARSON RD. • ST.LOUIS,MO 63132 • (314)427-6733 www.westerngroup.com Parking Garage Restoration PKR 1247 Page 2 We also feel it is a superior product and many of the coating companies are offering this new technology. Again, Western's bid does not state which products or systems. The addendum was issued to all bidders. The competitor could have also selected this option. It is Western's first choice to use the 2 coat system usingnewest technologyas Y per the addendum. If the addendum is not to be acknowledged, Western Waterproofing will install a three coat system for our stated bid price. Sincerely;'l '' John uti Br Manager JWK/js • ? A / o / rri = nCD CO § @ q R• § �® ƒ / § a. 7 q k I q P $ 8 ." N\ 2 / 9 _• "1 \ C) / R 0) m •n 0 ¢ % . �� / q / - / q E_ / to ,% 2 . -.-' ) k 9 _ § n V . • TD CY z _ ALL CM'S DIST.fl RECEIVED DIST.#3 RESTORATION DIST.*4 C� FEB _? AM 9: ivr NORTH 42ND STREET • OMAHA. NEBRASKA 68131 • 402/558-7989 DIST.f6 LAST.#7 _r� GFI.OF STAFF ` 9 i `J'aptnct ary 3'O 2004 STAFF 0M1�H4, HEs.,tit.S ;A CITY CLERK Members of the City Council LOBBYIST Dear Mr. James Vokal, Jr. JAN 3 0 '04 Gentlemen, I know that you are all very busy people, but I would appreciate it if you TIME / would all take a few minutes to read this letter. After the city council meeting held on Tuesday 1/27/04, I could not help but to think that the overall purpose of the discussion /,l about item 57 was avoided. The Mayor.the City Attorney, the City Consultant, the Parkin`, Facilities Manager, alongwith several other city employees all made the recommendation that this project should be awarded to McGill Kestoration inc. i feel that rather than listening to why determination was made by all of these un-biased professionals, many members of the city council looked into the other side of the issue, why wouldn't the city try to save money on this project? I will state that as a tax paying citizen I completely respect that the money issue be observed, but as a contractor in the city of Omaha I also expect that the integrity of the bidding process be observed. The fact is Western Waterproofing submitted a bid that was 32% under the estimated S700,000 for this project determined by the city's consultant engineer. This is a large discrepancy which would suggest that a mistake had been made or the plans and specifications had not been followed. Western Waterproofing proved that they had not bid as per the plans and specifications upon submitting their preliminary submittal package explaining how the traffic topping work would be completed at Omaha Park One. This preliminary submittal was mandated by the specifications in addendum 41 which I have enclosed with this letter. Western Waterproofing proved that they had not simply forgotten to include some material or labor costs; rather they bid the completely wrong system. I have also included our preliminary submittal package showing how the traffic topping work would be completed at Omaha Park One. Our submittal package was accepted because we did abide by the plans and specifications. The city simply can not allow a contractor to bid projects using different criteria than all of the other bidders. According to the notice to bidders on the front page of the specifications for this project, `Proposals must be based upon the Specifications and/or plans for the work hid upon as prepared by the Parking Facilities Manager and Filed in the office of Gary Deveney, Parking Facilities Manager, Omaha/Douglas Civic Center, 1819 Farnam Street, Suite 701, (402)444-5963." I have also enclosed this page with this letter. NEBRASKA [.:SMITE • t /1tIMG� MASONRY �.}�, '"� eta'",( lb/CT/TUT! RPatant.Waternrscrina r,Rest®ra`ion Ingtitate .�+•.._....` I ask that you not be fooled by Western Waterproofing's tactics on this project: the plans and specifications are very clear. I have enclosed Addendum 741 as well as the entire waterproofing system section. Notice that the only thing that was changed by Addendum 1 is section 07100 paragraph 2.1 A: item l a. this simply states that the Iso-Flex 760 U Low Odor, HVT System by LymTal International, Inc. can be used on this project. Remember, this system is one that can be applied in two or three coats depending upon the specifications. Several other systems in this section are the same way. Notice that Section 07100, paragraph 2.1 A: was not changed by this addendum, so which ever system is used must be applied at 55 mils total thickness (not 40 mils). Also notice that Section 07100, paragraph 2.1 A: hem 3 was not changed either, so which ever system is used must be installed in three coats at the specified thickness (not 2 coats). All that I can say to you is the specifications for this project were very clear and any competent bidder would know that this is not a two coat 40 mil spec for the traffic topping. I would like to reference Mr. Dan Welch's closing comments at the city council meeting on Tuesday because he seemed to have been right on track with this issue. Mir. Welch stated that If Western Waterproofing did not bid as per the plans and specifications which is what the city attorney and consultant are saying, their bid should stand rejected. If McGill Restoration Inc. did bid as per the plans and specifications and their bid is within the engineers estimate they should then be awarded the project. Mr. Welch stated that members of the council are being very cognizant of the issue at hand and that the bidding process must be respected. Our legal consultant is in agreement with the opinions of the Mayor, the city attorney, the city consultant and the parking facilities manager; he thinks that this project should he awarded as soon as feasible toMcGill Restoration Inc.. This project should not go out for re-bid because that is unfair to McGill Restoration Inc. now that the money is on the table. Remember that our bid was S80.568 under the estimated S700,000 for this project. This is 12°/0 under the budget. Also keep in mind that this project was supposed to begin February 1, 2004 with a completion date of July 15. 2004. As long as we are able to begin work by the end of February, we should not have a problem staying on schedule even though the start date has gone by. I have also included a few letters from professionals in the industry that will help to explain to you why the three coat system is important. I have included this because at the last city council meeting Mr. Franklin Thompson asked if there were any other experts in this field who have shared their thoughts on this matter. Thank you for your time, I am confident that the city council will make the right decision on this matter. McGill Restoration inc. will provide superior service on this project as we always have in the past. Very Truly Yours McGill Restoration, Inc. Timothy F. McGill Vice President 3. Install top coat ( 18 men, we will be using four power rollers ) Total crew size= 28 men working, 10 to 12 hours. • Monday 7/5: (Begin working at 10:00 a.m. ) 1. Clean up and de-mobilize ( 4 men ) 2. Layout and install pavement markings ( 6 men ) Total crew size = 10 men working 8 to 10 hours. • Tuesday 7/6: (open garage to traffic at 5:00 a.m. ) - Please feel free to call if you would like to iiiscu d e :L.G...._.. _n _ ;f lave any questions. Respectfully Yours McGill Restoration, Inc. Timothy F. McGill Vice President • • NOTICE TO BIDDERS Sealed Proposals will be received by the City of Omaha,at the City Clerk's Office, L/C 1,Omaha/Douglas Civic Center, until 11:00 a.m. on the 26th day of November, 2003 ,for the construction of Parking Garages Restoration,Various Locations being PKR 1247. INSTRUCTIONS TO BIDDERS • PROPOSALS: Each Proposal shall be legibly written or printed in ink on the form provided in this bound copy of proposed contract documents.Alterations in the Proposal by interlineation,by interpolation,or otherwise,will not be acceptable.Alteration of the bid by erasure must be signed or initialed by the bidder, if initialed,the City may require the bidder to identify any alteration so initialed.No alteration in any Proposal shall be made after the Proposal has been submitted. The bidder must bid on each item. If an item is bid at no cost, the words, 'No Charge" shall be written in the appropriate space.All addenda to the contract documents shall be acknowledged in the Proposal,properly signed by the bidder and attached to the Proposal when submitted. Each Proposal shall be enclosed in a sealed envelope or wrapping, addressed to the "City Clerk, City of Omaha, Nebraska" and identified on the outside with the words "Proposal for the Construction of Parking Garages Restoration,Various Locations,"the bidder's name and the bidder's address; and filed with the City Clerk,L/C 1,Omaha/Douglas Civic Center 68183. Proposals must be based upon the Specifications and/or plans for the work bid upon as prepared by the Parking Facilities Manager and filed in the office of Gary DeVeney, Parking Facilities Manager, Omaha/Douglas Civic Center, 1819 Farnam Street, Suite 701,(402)444-5963. Bidders should familiarize themselves with the work herein contemplated by personally visiting the location of the work,in order that the true spirit and intent of the Specifications and/or plans may be fulfilled. No bidder may submit more than one Proposal except when no bid is received within the Parking Facilities Manager's Estimate as provided on Page NB-2. Multiple Proposals under different names will not be accepted from one firm or association. PROPOSAL GUARANTEE: Each Proposal shall be accompanied by a cashier's check, a certified check, United States Government Bond(negotiable), or a bidder's bond,for five (5)percent of the total amount bid,but in no case be less than One Hundred Dollars($100.00). The Proposal Guarantee shall be made payable without condition to the City of Omaha, Nebraska,hereinafter referred to as City. The Proposal Guarantee may be retained by and shall be forfeited to the City as liquidated damages if the Proposal is accepted and a contract based thereon is awarded and the bidder should fail to enter into a contract in the form prescribed, with legally responsible sureties, within ten (10) days after such award is made by the City. Construction NB-1 6/97 NOV-17-2003 15:16 CITY OMAHA PARKS 8 REC 402 444 4921 P.03iO4 AGA Consulting,Inc. 1603 Farnam Street, Suite#211 Omaha,Nebraska 68102. ADDENDUM#1 November 17,2003 First Addendum to specifications and drawings entitled: Parking Garages Restoration,Various Locations City of Omaha,Nebraska City Project No.PKR 1247 The additions,revisions,omissions,corrections,and clarifications contained herein shall be made to the specifications and drawings for the project and shall be included in scope of work and bids to be submitted. Bidders and sub-contractors shall determine for themselves the work affected by these Addendum items.ACKNOWLEDGE RECEIPT OF ADDENDUM#1 ON THE PROPOSAL FORM. CONTRACT DOCUMENTS AND SPECIAL PROVISIONS Item 1-I Specification Section 00430:Add, "740 Construction Joint Repair This work includes complete removal of existing traffic topping bands and joint sealant at construction joints in post-tensioned concrete slabs and installing new joint sealant and 1 foot wide traffic topping band(centered over joint)in accordance with Sections 07100 and 07920." Item 1-2 Specification Section 07100,Paragraph 2.1 A: a.) Revise item la.to read,"Iso-Flex 760.0 Low Odor,HVT System—LymTal International,Inc." b.) Add,"4. Non"fast cure"versions of the above listed products may be used at Contractor's option as long as work can still be accomplished within the time frame specified.Top Coat shall have 24 hour(minimum)cure time before facility is opened to traffic at 6 am on the morning after specified time frame. Regardless of products used,Contractor shall submit detailed time schedule showing how traffic topping work at OrnahaPark One will be accomplished within the specified time frame." Item 1-3 Specification Section 07100,Paragraph 2.1 B.1:Add, "e. Iso-Flex 618-40 VOC Silane Sealer—LymTal International,Inc." Item 1-4 Specification Section 07182:In Paragraph 2.02 A.2 and Table 1,revise"Iso-Flex 755"to "Iso-Flex 780". Item 1-5 Specification Section 07920,Paragraph 2.01: a.) Add to sub-paragraph A, "5. "Iso-Flex 880 GB Sealant",LymTal International,Inc." ADDENDUM#1 PARKING GARAGES RESTORATION Page 1 of 2 • SECTION 07100 WATERPROOFING SYSTEM PART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Traffic Topping - Traffic bearing elastomeric waterproofing membrane. 2. Concrete Sealer on post-tensioned concrete slabs and adjacent curbs. B. Related Sections: 1. Section 07920 - Joint Sealants 2. Section 09912 - Pavement Marking 1.2 REFERENCES A. ASTM C642 - Test for Specific Gravity, Absorption, and Voids in Hardened Concrete. 1.3 SUBMITTALS A. Make submittals in accordance with the requirements of Division 01. B. Certification that installer has been licensed by manufacturer for installation of all products specified in this section. C. Snow removal guidelines for compliance with warranty requirements. D. Product data sheet(s) for proposed concrete sealer showing application rate used to pass NCHRP 244 and ASTM C642 tests. E. Product data sheet(s) for proposed traffic topping containing the following information: 1. Surface preparation method - acid etching or washing will not be allowed. 2. Detail(s) for treatment of cracks. 3. Number and type of coats. 4. Wet mil thickness required for each coat to obtain specified dry thickness. 5. Aggregate type, gradation, and quantity required for each different coat. 6. Temperature and any other weather constraints for application. 7. Minimum and maximum allowable time between application of coats. 8. Cure time required before painting of parking stripes. 07100 - 1 NOV-17-2003 15:1? CITY OMAHA PARKS 8 REC 402 444 4921 P.04iO4 b.) Add to sub-paragraph B, "5. "Iso-Flex 881 Sealant",LymTal International, Inc." Item 1-6 Specification Section 08340,Paragraph 2.1:Add, "B. Subject to compliance with all requirements of this section,"Visionaire Rolling Grille"with"Model GH Motor Operator"by Cornell Iron Works is an approved equal security grille system. hem 1-7 Drawing R0.1:Delete from"Work Item List","381 Shoring and Protection". END OF ADDENDUM ADDENDUM#1 PARKING GARAGES RESTORATION Page 2 of 2 TOTAL P.04 • 9. Certification that surface texture meets requirements of the Americans with Disabilities Act (ADA). 10. Statement of VOC content and compliance with Environmental Protection Agency 40CFR, Part 59 VOC requirements. F. Product data sheet(s) including product characteristics, limitations, and listing of dissolving solvents, fuels and potential destructive compounds. 1.4 QUALITY ASSURANCE A. Single installer shall be responsible for installation of all products specified in this section. B. All work in this section shall be under immediate supervision of person experienced in this type of work. This person shall have supervised installation on at least 5 other projects similar in magnitude to this project. Supervisor shall be present during all installation operations. Supervisor shall ensure full compliance with specifications and manufacturer's installation directions. 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver all materials to site in original, unopened containers clearly marked with • manufacturer's name, product name, and date of manufacture. All labels shall remain in place and legible for the duration of the work. B. Store materials protected from weather. C. Replace materials showing any sign of damage at no cost to owner. D. Weight of any materials stored on post-tensioned slabs shall not exceed 35 psf. 1.6 WARRANTY A. Provide 5 year manufacturer's warranty on traffic topping. B. Supply material and labor to replace defective areas and to re-paint any striping affected at no cost to owner during warranty period. C. Defects covered by warranty include: 1. Adhesive failures. 2. Cohesive failures. 3. Spalling of traffic topping. 4. Abrasion failure from normal traffic use. 5. Water and salt intrusion. Snowplows are not considered normal traffic use and are exempted from warranty. 07100 - 2 • • p ri• • RESTORATION 1010 NORTH 42ND STREET • OMAHA. NEBRASKA 68131 • 402/558-7989 • December II, 2003 Mr. Bill Gmiterko AGA Consulting Inc. Two Appletree Square, #335 Bloomington, Minnesota 55425 Re: Omaha Park One Coating Schedule. • Dear Bill, • Thank you for the,-opportunity to submit our schedule for the traffic topping project at Omaha Park One that is to be done next year over Memorial Day weekend and Fourth of July weekend. This is a very fast track project that will require long hours with very large crews to be completed successfully. Proper coordination and planning are _going to be critical in order to get this project done in the specified amount of time. We have measured the traffic topping area to be 191,000 sf and•plan to complete the work in two equal size phases. Our schedule for each 95,500 sf phase and man power for the project is as follows. Memorial Day Weekend: • All Cove seals, routing and sealing, concrete repairs and etc. will already have been completed well in advance of this weekend. This work will have been done at night. • Wed 5./26: (night work only ) 1. Begin shotblasting deck ( 2 men and two machines ) 2. Begin sandblasting perimeters ( 3 men ) Total crew size= 5 men working an 8 hr night. • Thursday 5/27: (night work only ) I. Continue shotblasting deck ( 2 men and two machines ) 2. Continue sandblasting perimeters ( 3 men ) Total crew size= 5 men working an 8 hr night. !if NEBRASKA • INSTITUTE • i EiiTITHTt gp_alant waterv!afhm c Rest tnn instituteyl�[ , MASONRY ik. i : i ,210/mf PART 2 PRODUCTS 2.1 MATERIALS A. Traffic Topping(Heavy Duty, 55 mil total thickness). 1. Provide one of the following with gray top coat: a. Iso-Flex 750 U-HL HVT Low Odor - LymTal International, Inc. b. Prodeck TDC - Stellar-Mark. c. Scotch-Clad HDV 70 FC100 - 3M Company d. Auto-Gard FC - Neogard. 2. Traffic topping shall be compatible with all other materials in this section and related work. 3. Topping shall be installed in three coats as follows: • Base Coat: 25 mils • Sand Coat: 15-20 mils • Lock (top) Coat: 10-15 mils B. Concrete Sealer. 1. Provide one of the following at an application rate of not more than 150 square feet per gallon. a. Chem-Trete BSM 40 VOC - Huls America, Inc. b. Hydrozo Silane 40 VOC - Hydrozo. c. Sonneborn Penetrating Sealer 40 VOC - Sonneborn Building Products. d. TBS 967A (40%) VOC - Tremco. 2. Sealer shall be compatible with all other materials in this section and related work. 3. Substitutions are not permitted. PART 3 EXECUTION 3.1 INSTALLATION j.. A. General. 1. Verify that concrete surfaces are ready for installation of approved products. 2. Verify that any repair concrete has completed minimum curing period required • by manufacturer for installation. is 07100 - 3 3. Acid washing or etching is not permitted. 4. Perform all work in accordance with manufacturer's written directions. Do not install materials under adverse weather conditions or when temperatures are outside manufacturer's limitations. B. Traffic Topping. 1. Remove all surface contaminants and laitance by shotblasting. 2. Prepare all cracks (in area to receive traffic topping) in accordance with manufacturer's recommendations. See Section 07920 for sealants. 3. Mask off adjacent surfaces and drains. 4. Prime all surfaces at manufacturer's recommended rate. 5. Apply a detail coat for a distance of 2" on each side of all joints and cracks. Thickness of detail coat per manufacturer's specification. 6. Coat all adjacent vertical surfaces to height of 6 inches above coated horizontal surface or to bottom of radiused top edge of any adjacent curb or island. Extend topping 1" above any post-tensioned beam tendon pockets on face of columns within 1'-6" of floor surface. 7. Provide straight lines at all edges. C. Concrete Sealer. 1. Complete control joint and construction joint sealant work before beginning surface preparation for sealer. 2. Repair concrete shall be cured above 50 degrees F. for minimum of 14 days before sealer is applied. 3. Clean surfaces to be sealed in accordance with manufacturer's directions. 4. If water-blasting is used to clean slab, pressure shall not exceed 10,000 psi. Keep water jets away from previously installed sealants and existing expansion joints. 5. Replace any sealant or expansion joint materials damaged by surface preparation operations. 6. Concrete shall be air dried for at least 72 hours, following any wetting, immediately before applying sealer. 07100 - 4 • • Friday 5/28: (garage is to be closed at 5:00 p.m. ) 1. Mobilize in equipment and materials ( 4 men ) 2. Finish shotblasting ( 2 men and two machines ) 3. Blow off deck and spot clean areas ( 2 men ) 4. Prime deck ( 5 men and three sprayers ) 5. Cut in deck perimeters and install liquid flashing ( 4 men ) 6. Install base coat ( IS men, will be using four power rollers ) Total crew size = 35 men working 10 to 12 hours. • Saturday 5/29: ( begin working at 11:00 a.m. ) 1. install intermediate coat ( 18 men, we will be using four power rollers ) 2. Broadcast sand until rejection ( 6 men ) Total crew size = 24 men working a 10 to 12 hours. • Sunday 5/30: ( begin working at 7:00 a.m. ) 1. Sweep and blow sand off deck ( 6 men ) 2. Cut in deck perimeters and install liquid flashing ( 4 men ) 3. Install top coat ( 18 men, we will be using four power rollers ) Total crew size = 28 men working 10 to 12 hours. • Monday 5/31: ( Begin working at 10:00 a.m. ) 1. Clean up and de-mobilize ( 4 men ) 2. Layout and install pavement markings ( 6 men ) Total crew size= 10 men working 8 to 10 hours. • Tuesday 6/1: (open garage to traffic at 5:00 a.m. ) 7. Air and concrete temperatures shall be at or above 50 degrees F. during application. 8. Install trial section to verify that surface will not glaze as a result of sealer application. If glazing occurs, obtain written recommendations for solving problem from manufacturer before proceeding with general application. 9. Clean and/or repair all surfaces affected by any overspray of sealer at no cost to owner. END OF SECTION 07100 - 5 January 23, 2004 Tun McGill McGill Restoration, Inc. 1010 north 42"d Street Omaha,NE 68131 Re:2 Coat Vehicular Deck Coatings Dear Mr_McGill Although several manufactures including Neogard have been experimenting with a 2-coat deck coating system, there is no performance history on these systems (less than 2 years).The standard Auto-Gard system has been in place and performing for over 30 years. Neogard has had several conversations with the most prominent structural 7 engineering and consulting finns regarding the 2-coat systems_ These firms include Walker Parking Consultants, Carl Walker Parking,WJE and Desmond. - N E O G A R D Each of these firms has a stringent materials evaluation program that tests the oft. of Jenei•atei/ long-range performance of a system. ssoe MAPLE AVENUE None of these firms have allowed a 2-coat system into their specification, nor do P.O.BOX EXee op,Lv►s.TEXAS 75233 they promote or recommend them to their clients. 214 3531889 Mr.McGill,until we have the long term performance data to back up such FAX 714 357-7532 systems I feel the owners that you are working with need to know these systems are not proven and the owner takes on certain risks by allowing them to be • installed. If you require additional information or have any questions please feel free to contact me. ec tfull ubmitted, ' V i(` George it Regional Manager Neogard,Division of Jones-Blair Company Cc: Steve Johnson, Johnson Sales • • 23 January, 2004 Tim McGill Jr. McGill Restoration 1010 North 42nd Street Omaha, Nebraska 68131 Fax# (402)558-2230 Re: 2 Coat System vs 3 Coat System Dear Tim: • Per our conversation earlier regarding 2 coat systems compared to 3 coat systems, the following are observations that I have encountered. The 2 coat system which consist of base coat &aggregate backrolled into top coat, appears to have early or premature aggregate kick out from the membrane versus the 3 coat system which consist of base coat, intermediate coat, and lock down topcoat which encapsulates the aggregate. - TM NEOGARD Depending on the type of aggregate and how it is broadcast&backrolled you may Div. of Jones•Btair not have a uniform look with the 2 coat system and the possibillity of air 6900 MAPLE AVENUE P.O. BOX 35288 entrappment forming blistering caused from excessive aggregate placement or DALLAS,TEXAS 75235 pockets of aggregate that cannot be encapsulated by the urethane. 214 353-1689 FAX 214 357-7532 1 personally would prefer a 3 coat lock down topcoat system on any vehicular deck project versus a 2 coat backrolled system. The 2 coat or backrolled systems do not appear to perform as good as a 3 coat system. I believe the 2 coat backrolled system will require a lot more maintennance or wont last as long as a three coat lock down system before recoating is required. Should you have any questions or if we can be of further assistance,please do not hesitate to call. Best regards, NEOGARD A Division of Jones-Blair Co. GyLiv ' George Wilson Technical Department ' : H UI. 0 o d p NCB UCD `6' %' \ F� , p CD � a � . co 8 11. En P., I ALL CM'S 3 CY RECEIVED INTER-OFFICE COMMUNICATION aiar 12 I.,T.13 04 JAN 27 AMU): 24 DIST.#4 Date: January 27, 2004 DIST.#; DiST.06 CITY CLERK E'1s7.s7 OMAHA. NEB (iI.OFSTAFF'� �� STAFF TO: City Council President, Jim Vokal and Members of the City Council CITY CLERK LOBBYIST FROM: Larry N. Foster, Acting Director, Parks, Recreation and Public Property iler JAN 2 7 '04 SUBJECT: Garages Resurfacing Bid, Item#57 on City Council Agenda TIME . zv Item #57 recommends the bid of McGill Restoration, Inc. for improvements to various parking facilities even though a lower bid was offered by Western Waterproofing. The difference in these two bids is $143,371.00; justification is appropriate. The issue here is relatively simple. The discrepancy in the two bids, primarily reflects a difference of$115,050.00 for the installation of new surface traffic topping for OmahaPark One. This product, once applied, serves to protect the concrete deck of the parking garage. The integrity of this product, and its proper application, is critical. The specifications qualifies four different brands of re-surfacing products. The manufacturer's installation details for one of these products indicate it can be installed in two coats. Our specification, however, require that all products be installed using a three coat application. AGA Consulting, the firm who developed the specifications for the City, feel strongly that a three coat system is required to properly protect the City's investment in this parking garage. Additionally, the most significant cost of the re-surfacing is not the product, but the labor involved with its application. The low bid from Western Waterproofing provides a two coat system. Even though this product was qualified for bidding, our bid specifications were clear—all products had to be applied in three coats. The bid from McGill Restoration, Inc. provides a qualified product applied, as required in our specifications, in three coats. The City Law Department has reviewed this issue and determined that the bid from Western Waterproofing does not meet specifications. Plans and specifications for this project were developed by AGA Consultants. A letter from their project manager, William Gmiterko is attached. This letter details the importance of proper application of the re- surface material and confirms both the bid specifications and our consultant's determination that the bid from McGill Restoration should be accepted. LF/lf attachment 23 04 04: OOp p . TWO APPLE-TREE MINNEAPOLIS SQUARE MINNESOTA PHONE FAX SUITE 226 55425 952.554.7474 952.1E154.745S AGACCNSULTING.CCM A G A CONSULTING January 23, 2004 • • Mr. Gary DeVeney, Golf Manager Parks,Recreation and Public Property Department City of Omaha 1819 Famam Street, Suite 701 Omaha,NE 68183 Re: Phase II Parking Garages Restoration Omaha, Nebraska (Project PKR 1247) Dear Mr. DeVeney: During the bidding phase of this project we corrected a product identification number within the traffic topping portion of Section 07100. This was done at the request of the manufacturer. At no time during our conversation did we discuss changing any requirements regarding the system thickness or the number of coats to be installed. The specification very clearly states that the topping is to be installed in 3 coats and provides the thickness required for each of the three coats.This was not changed by the addendum. Manufacturers' product data sheets quite often say that they can do something different than what architects or engineers specify. That does not mean that this is always in the Owner's best interest. Three coat systems have been around for over 30 years. Two coat systems have been around for less than 2 years, so there is virtually no performance history. When three coat systems begin to show some wear, one simply, and relatively inexpensively, reapplies another top coat. With 2 coat systems we simply don't know how well they will stand up to traffic compared to a 3 coat system or how much of the system will require repair. Since money for maintenance work is not always available when it is needed and closing garages for repair work is at the very least, inconvenient, we try to specify only the best products and manners of installations for our clients. To our knowledge, none of our competitors that provide restoration engineering services on a national basis recommends or specifies 2 coat systems on their projects. Please call if you have any questions. • Sincerely, William D. Gmiterko, P,E. President w 0itz " CD 0 0 CD a.� E CD C -• N a C� b n oo 0 CD 174 o n td F P a`� cp 1 d c4 o '' .0 n 0 E (IQ UQ "O 0 4 . The Western Group ► Amenca.WasterCnvistneninBuiidingRestmniumandTeserrntum 14515 GROVER STREET•SUITE 200.OMAHA,NE 68144•(402)333-8208•FAX(402)333-8646 TO CV ve ALL CM'S December 17, 2003 DIST.#1 DIST.#2 DIST.#3 DIST.#4 Gary DeVeney DIST.#5 City of Omaha bbiST.#6 Parks. Recreation and Public Property Dept. CH.OF STAFF STAFF Omaha/Douglas Civic Center CITY CLERK arty 1819 Farnam Street. Suite 701 LOBBYIST Omaha. NE 68183 JAN 27 `04 Re: Parking Garage Restoration PKR 1247 Dear Mr. DeVeney: TIME °10 a`� I would like to thank you for taking the time out of your busy schedule to meet with John Kuti and myself on December 15, 2003. You asked if we would put in writing our concerns with the possible decision of rejecting all bids on the above-referenced project and re-bidding the project. The following are our concerns: 11 We obtained a set of plans and specifications from the City on the above-referenced project. We proceeded to bid the project according to the plans and specifications. An addendum was issued changing the Lymtal three coat system to a Lymtal two coat system. The change made by the engineer and or City Parking Department approving the two coat system was a very beneficial change for the City of Omaha by providing a reduction in cost and will help accommodate the project schedule. The system change still provided the owner with the required mils and specified warranty. The addendum specified a two coat system and the addendum supercedes the specifications. We were not involved in any conversations between the manufacturer and other parties. We were to bid according to the printed documentation, which we did. Another reason this project should NOT be re-bid is due to the fact that this product is not a proprietary material. All contractors have an opportunity to bid, purchase and install this product. The competitor that is considering protesting the award of this project is also familiar with this two coat system. The material manufacturer has informed us the competitor received a price quote on a similar project for the City! County Parking Garage which bid earlier this year. The competitor has also installed a sample of this product in their warehouse. Therefore, our competitor had the same opportunities to utilize this product and take advantage of the pricing and the two coat system. C.--- CORPORATE OFFICE • 1637 N.WARSON RD. • ST.LOUIS,MO 63132 • (314)427.6733 • FAX(314)427.6199 www.westerngroup.com 1 After the project was bid, the competitor found our price was $140,000.00 lower than theirs and, therefore, is considering a protest. Western Waterproofing Company should not have to re-bid this project due to the fact that our competitor did not utilize the advantages of this product and system and decided to proceed with a proprietary product that only they can install. Our competitor has a relationship with this particular manufacturer and felt they would be more competitive by utilizing their proprietary product. It would be an unfair bidding practice for the City of Omaha to allow our competitor to see our price and, at that point in time, determine that they should have read the addendum closer and contacted the manufacturer of the Lymtal product for pricing. After the jobs are bid and a competitor is high, that should not allow them the opportunity to protest and re-bid the job so that they can utilize the information that was available in the specifications to become the lower bidder, creating an unfair bidding practice. r--- -If the desire was to have a three coat system, the addendum should have conveyed that the product was acceptable, but only if applied in a three coat method. we.In conclusion, we feel that we have followed all of the procedures within the specifications and addendum. We submitted the bid on time and it is apparent that we are the low responsible bidder. As stated above, the approval of the isoflex 760U low odor, HVT system is a very beneficial change to the City and the taxpayers. It is very apparent that the change in the coating system will be very beneficial to the project by reducing the cost and helping the contractor meet the specified schedule. All contractors had the same information to bid this project and could have used the two coat system in preparation of their bids. Based on the above information, we expect to be awarded the contract for this project. Based on the information and questions that the competitor is bringing up, shouldn't the question be, "What legitimate reason is there for a re-bid?" Especially when the competitor knows that it is a two coat system. After reviewing this letter, if you see any reason why Western Waterproofing Company should have to re-bid this project, please contact to discuss this letter in further detail. Sincerely,CY-10 /� L Jeff Kelley Division Manager JK/rlr , PARKING GARAGE RESTORATION PKR 1247 T y, 1.100 ALL CM'S DIST.01 DIST.#2 CITY OF OMAHA DIST.03 DIST.#4 DIST.05 DIST. LiST.fi/ Id.OF STAFF TAFF CITY CLERK evo' LOBBYIST JAN 27 '04 •TIME 3I P6 1), • \ hs,(41 si .•\.,\,\ \ • . . :,,,,,. ....„p. 01 • `. ...+:,t9 4. .1 • ,,..„.,\, \:,„ , , . ,, ,, ,\ \\\\ \ ..., \\ ,,,' ' ilii- ' .. \ \ \ r r r ii iI j 1 ` It11 \\ O6 \\\ 1 ©1 ©1 _ r • Z 0 " Q o o 0 9i L1. .� — X ' mud. u�id Id \ md cviil `nd ,nd \• q L, , - • H , . • ,,,‘ ‘ - \ .„ in _....., „O-,III • OMAHA PARK ONE COATING LYMTAL 780/760u HVT PROCEDURES FOR COMPLETION WITHIN 84 HR WINDOW (HOLIDAY WEEKENDS) 'I . EDGE PREP (GRIND AND BLAST) WILL BE PERFORMED PRIOR TO THE HOLIDAY WEEKEND 2. ALL CAULKING (COVE, CRACK, AND CONTROL JOINT) WILL BE PERFORMED PRIOR TO THE WEEKEND 3. SHOT-BLAST WILL COMMENCE AT 6PM ON FRIDAY NIGHT 4. FOUR TO SIX HOURS AFTER SHOT- BLASTING HAS STARTED, THE PRIMER WILL BE APPLIED. 5. AFTER 2-4 HOUR CURE TIME OF PRIMER, THE BASE COAT APPLICATION WILL BEGIN 6. BASE COAT APPLICATION WILL CONTINUE UNTIL 1/2 OF DECK IS COATED 7. CURE TIME OF 10- 12 HOURS OF BASE COAT 8. APPLICATION OF TOP/LOCK COAT WITH SAND WILL BE APPLIED. 9. CURE TIME OF 12- 16 HOURS 1 O. STRIPING WILL BE DONE 1 1 . CLEAN-UP AND OPENING OF GARAGE AT 6AM ON TUESDAY. DURATIONS OF PHASES 1 . SHOT-BLASTING 1 8 HR 2. PRIMING 6 HR 3. BASE COAT 1 4 HR 4. CURE 1 O HR 5. TOP/LOCK COAT 16 HR INCLUDING SAND 6. CURE 6HR 7. STRIPE 8 HR 8. CLEAN-UP, OPEN 6 HR TOTAL 84 HR eat By LYMTAL INTERNATIONAL; 248 373 3480; Dec-9-03 12:28PM; Page 1 •y1LSrZb'':ilSi ,2 �ditl } ;. �,"'T7, +n�..7a 1,, r [i ,{ !,lv.f,1-•a !, , { r` ' ` ` � C ( + a1; .l, q�'Cl! O 4 i (:,ydn .hP�'* S+< r'It'd 4 , 4 ! ' i'fl r tYl t�SeY7' r� .M , } p r O��N�' ..1 i �: I '..0 � ;,,,:.,yp',t, ! Rlcr 5.7,�io-.. , � t, ?I , i ! � 1 •K4 Ivry , 7n iX rr Y3 } ��,A i, , - �{ -h�-G I- } �S rvt/. _ ,iF, _2 C 3 �! vr::h.-y aui iriji i• ..gg n. L ,�{`' ..S.?;, ;.5. ;Sr.+�;.�-. . 1. ..'., '�{ "�- }1 • ,�. 7 r! !R ...^.7< .lx;�;..-_T'" a�:��,.r;.� -,a',._._T, ?„>iF;7;i!",r..zG_�t.al.5.S 7 3 4 ,vri "�,..r• a � S - .t.;) �it y ! - ... r ! "�:c }t.Fi;.. �.. w _.r _ r, ; t 6v :try'�r:.r i}y 9?l;++r :4: • �`- a 4 7 :c l .4-,lt i tii t. . 'yf6. '};7�,�C • low • • Iso .FIex.r< 760 U Low Odor Deck Coating System ,,,,,;: -m) SYSTEM DESCRIPTION Iso-FIex 760 U Low Odor systems are cold, liquid A11+T xt-`t applied, urethane elastomeric deck coating Base Coat 25 mils 25 mils membranes with integral, urethane, skid resistant 750 Base Coat traffic toppings that are designed for use under Wear Course 15 mils 25 mils 760 Lock Coat direct exposure to pedestrian and/or vehicular Sand(I2r20 grit) R-t'? (bs/(00 fi` 25-30 lbs:li)(1 tr' traffic. All components of the system comply with0 mils P Total 40 mils $ all current. VOC limits for traffic coatings. Iso-Flex *System millages are dry film lbicknesscs;md do not include primer. 76() tJ Low Odor traffic deck coating systems are ideal for use in confined spaces and other areas ADVANTAGES where solvent vapors represent a hazard. • •i'he iso-Flex 760 T_T Low Odor system can be installed in two coats (excluding primer) for The lso-FIex 760 U Low Odor system consists of a both medium and heavy duty applications. primer (as recommended by the manufacturer), a • iso-Flex 760 U Low Odor deck coating system two-part elastomeric urethane membrane bonded complies with all current VOC requirements. continuously to the substrate tbr protection against • The system is a true, chemically catalyzed water damage, and one very high performance product which means it will cure quieky, even in urethane topping coat with encapuslated aggregate thy climates. Or skid resistance. • The system develops a continuous bond to most Standard Iso-Flex 760 Ti Low Odor systems provide substrates and is impervious to water and/or effective, economical solutions for most usage chloride penetration. The system is also conditions. resistant to most common chemicals. • The system does not age harden, remains Iso-Flex 760 IJ Low Odor MVI flexible over a. wide temperature range and is For light to medium vehicular traffic. able to successfully brirIg-c small cracks. Iso-Flex 760 LT Low Odor I1V"l' For heavy vehicular traffic exposure. LIMITATIONS: ■ Iso-Flex 760 U Low Odor systems arc designed BASIC USES for application in relatively thin mil film Typical applications for Iso-.Flex '760 If Low Odor thicknesses. Variations in aril thickness of the systems include parking structures, stadiums, cured merrihrane are to be expected due to small • • mechanical room floors, plazas, roof decks, differences in the porosity and profile of the • recreation decks and other structures which require substrate as well as practical tolerance a tough, attractive, abrasion resistant elastomeric limitations of application procedures. waterproofing system. Iso-Flex 760 U Low Odor • application must he to clean, sound, dry deck coating system is specially formulated for use substrates at temperatures above 40°F (5°C). in confined areas or locations. adjacent to occupied Curing compounds, mold release agents, scalers, spaces. or other contaminants may interfere. with adhesion, . RECOMMENDED MILLAGES Recommended mil thickness of Iso-Flex 760 LT Low PACKAGING Odor systems will vary depending upon service T,so-Flex 760 LI Low (Odor Base Coat and Lock conditions, substrate profile and other environmental Coats are available in 5 gallon(I 8.9 liter) units. • factors. While every project is unique, the following at.provides generalized guidelines. 4150 South Lapeer Road • Lake Orion,Michigan 48359 • Tel 248-373-8100 • Fax 248-373-3480 • www.lymtal.com en't .By. LYMTAL INTERNATIONAL; 248 373 3480; Dec-9-03 12:29PM; Page 2/4 • STANDARD COLOR PRECAUTIONS Concrete(;ray (Special colors available upon request) To ensure safe installation of the Iso-Flex 760 U Low Odor system, please refer to the Ibfatertal INSTALLATION Safety Data Sheets (MSDS) that accompany each Surface Preparation: Shotblasting must be product shipment_ employed to provide a sound, clean substrate.. to areas where shetblasting is not feasible, consult the MAINTENANCE . manufacturer for other methods of surface Iso-Flex 760 U Low Odor systems may be easily preparation. repaired using methods recommended by manufacturer Detailing: Joints or cracks should be pretreated prior to general application by scaling, grinding out WARRANTY and sealing, or overbanding with compatible iso- LymTaii warrants that its products are manufactured Flex products as recommended by the system free of defects and con fortn to the technical data. manufacturer. Terminations and penetrations listed. Under this warranty we will replace, at no should also he sealed prior to general application. charge, any material proven defective when applied in accordance with our written instructions for Application: The various components of the iso- applications recommended by us as suitable for Flex 760 U Low Odor system shall he applied In subject product. Lyrr .[a.l shall not be liable for any accordance with manufacturer's specific injury, loss or damage, direct or consequential, recommendations. arising cut of the use of the product. TECHNICAL DATA rrw..M LABORATORY TESTS (Field Properties May Vary) 750 760 Property Test Method Base Coat Lock Coat Weight Per Gallon 9.4 lbs%gallon 9.51hs;'statIon Hardness(Shore A) ASTivt 1.2240 70 to 80 85 to 90 Viscosity Brook:lield RV!' @ 75 degrees F(24 degrees C) No.5 a 20 RPM 4000 to 8000 cps. 1500 to 3000 cps. Flash Point ASTM D56 1 10 degrees F :>2oo degrees.f.: Cure Time by 70 degrees P(21 degrees C) ASTM C:920 6-8 hours 24 hours Abrasion Resistance ASTM D4060 Tabor Loss 1000 rev. CS 17 1000g , 9 mg Weathering Resistance 2000 hours,Atlas Slight Yellowing,• No visual effect Weather-O-Meter Chalking Permeability AS'l'M E398 1.6 perms 1.6 pouts System Adhesion ASTM D454I 50 phi --. Tensile.Strength ASTM D412 12011 psi' 3500 psi Ultimate Elongation ASTiv1 D412 350°,4 800% Tear Resistance ASTM 01004 150 pli 500 pH • Solids Content ASTM I) 1353, 18hes. ( 96% 99.9°,4 • 77°F • VOC EPA Method 24 45 WI <135 01 Pot Life fa 77 degrees F(25 degrees C) ASTivt C603 30 minutes 30 minutes Shelf Life(in sealed containers) iii 77 degrees F(25 degrees C) 6 months 6 months Chemical Resistance No effect on.System from Common Oils, Salts, Alkalies,Motor Oil,Anti-Freeze,Gasoline, Mineral Spirits. 1 • • i ' ent't3y: LYMTAL INTERNATIONAL; 248 373 3480; Dec-9-03 12:30PM; Page 3/4 r + r�� ti ' f C. ,� 4r r y'Or' is, i'• 4 �>,.�' s i ,j,a SZ.q�1 ka 1 f�• 1 t tn7 I�+t r ,t :s �:w 1. rat �:,,,�,Y s of T S 41 i�t l ^.z.,;,,.�_.„„ ti gl i�{,,i tl Ir ;*, f-r. ."r'Cy ..1� et, +-�':!.rflLv,.J tt,r,�.vd( - .r:,,,.r �, i 3f7 �,.h., #•t. �r'a.�'�:�!J�k;S7A -Ne-,Yl.S1ai�'� fi..t f:. .•:[+sly.f .<f : ':n s ! .a3t ,k}�,:r+7z,3,1-�' Y��x^.--= nl '(�r ,i ,tKi ..Ir.:`f( {�3Yi'Ir. fl.i.{.:W}' } . .1E ir. �+ �y N!31 ipi 01, _ .Sr 1. au ,rr at t 1Lc.7. .) ;s'ti t._. 4riv,rit , :rw» .'iI,i .mot.'t. "•�ititiMt-` -it'i±v4s( . - Y.� <eJ<,,i:`Sa :rt'v::rri.E?'-i:�y .«{':�'.��i'51r;-Jr xrf>:ffv", ((r.1 Yf7:it�:� r t�r is r n71 !. �- .t,:l'�'.. yy��,,�� 1 r, `4@^t.-. , 5' l ":1: t. 's CntJfi441. :^"'I'' ."{i y. n..,rf�,^f .yG r�r6:nY•lAh ,� ..yry�,y„- i^ r.. Srt, _r y t,.,.:rrb_r � c i i.... ,Ik'I , :'71 :"t rl . „ sur..G3ti "iii4n .��.. - -,id_ .n^r._. ;, ?:I-.1 yr .:�: .,rsuy s;," h• nnlC:" .L �,�:❑;7•- u;. _ �iii,`,';; l.,Sa(:i,, sriiirsu.. 7r_:.""-,,,.:r;,...r .r... ,. ... i ..r,, ..... ; r{.l.^ `1,1 Inter .S:S�: ._:! i. Iso-Flex® 780 Base Coat PRODUCT DESCRIPTION PACKAGING .Iso-Flex. 780 Base Coat is a one-component, high Iso-Flex 780 Base Coat is available in 5 gallon solids, cold applied, moisture curing, elastomeric containers. waterproofing coating membrane.. A primer is used to continuously bond the base coat to the substrate, STANDARD COLOR The Iso-Flex 780 Base Coat is then covered by a Mortar Grey variety of aggregate loaded traffic toppings. The composition and thickness of such toppings will be dependent upon the service conditions. BASIC USES TECHNICAL DATA FROM LABORATORY , Typical applications for Iso-F.lex 780 Base Coat TESTS include parking structures, stadiums, mechanical (Field Properties May Vary) room floors, plazas,roof decks,recreation decks and other concrete, masonry or wood structures where Property Test Method Test Result continuously bonded waterproofing coatings are --- f required. Weight -- 9.0 lbs/gal Hardness(Shore A) ASTM 132240 60 -70 ADVANTAGES Viscosity Brookfield RVF 2000-4000 cps a Iso-Flex 780 Base Coat develops a continuous No.5 @ 20 RPM bond to most substtat-es and is impervious to Cure Time(,rr),77'F(24°C) 'tT-S-00227E 24 hours water and/or chloride penetration. The coating never age hardens, remains flexible Tensile ASTM D412 1,500 psi over a wide temperature range, and is able to Elongation ASTM D412 3004 successfully bridge existing small cracks. a Iso-Flex 780 Base Coat can be covered with.a Tear Resistance ASTM D1004 80 pli variety of traffic toppings, providing flexibility Abrasion Resistance ASTM D4060 0.010 grams loss for various service conditions,and aesthetics. Tabor 1,000 Rev. CS1714 heX,4, 1000g LIMITATIONS Peel Adhesion AS N1 C794 30 ph • Iso-Flex 780 Base Coat is designed for application in relatively thin nul film Weathering Resistance 2 000 Hours,()U\' Slight Yellowing Weather-O-Meter thiclmesses. Variations in mil thickness of the cured membrane are to be expected due to small Permeability ASTM F_398 1.6 perms differences in the porosity and profile of the Solids Content ASTM D756 86`.'-c) substrate as well as practical• tolerance limitations of application procedures. voc --- isi g11 • Application must be to clean, sound, dry Shelftafe(ii 77°F(25°C) 6 months substrates at temperatures above 40' F (5a C). in scaled containers • Adequate ventilation, as recommended by the E f manut:a.eturer, must be provided in application 1 areas. m 4150 South Lapeer load ° Lake Orion,Michigan 48359 • Tel 248-373-8100 • Fax 248-373-3480 • www.lymtal.com ent ,By: LYMTAL INTERNATIONAL; 248 373 34e0; Dec-9-03 12:31PM; Page 4/4 • INSTALLATION PRECAUTIONS Preliminary: Surfaces to receive. iso-Flex 780 Base To ensure safe ins-tat/talons- of Iso-Flex• 780 Rase Coat must be clean, dry, sound, relatively smooth Coat, please refer to the Material Safety Dam Sheets and free of voids, ridges and sharp projections. New that accompany each product'shipment concrete surfaces should be water cured or cured with compatible curing compounds. WARRANTY Lyn)Tat warrants that .its products are manufactured • Surface Preparation: Shotblasting must be free of defects and conform to the technical data employed to provide a sound; clean substrate. In listed. Under this warranty we will replace; at no areas where shotblasting is not feasible, consult the charge, any material proven defective when applied manufacturer for other methods of surface in accordance with our written instructions for preparation. applications recommended by us as suitable for subject product. r yrn Tal shall not be liable for any Detailing: Joints or cracks should be pretreated injury, loss or damage, direct or consequential, prior to general application by sealing, grinding out arising out of the use of the product. and sealing or overbanding with compatible Iso-Flex products, as recommended. Terminations and penetrations should also be sealed prior to general application. Application: Iso-Flex 780 Base coat must he • Mixed and applied in accordance with • • manufacturer's specific recommendations. • • • • • Revised. 5/02 LyanTul International,Inc. 4150 South Lapeer Road *Lake Orion,MI 48359•Tel(248)373-8100 •Fax (248)373-348'0+wwvv.lymtai.com • • 1 / / ? ? 0 cr k " 7 / P \ 0 0 d § S' % ra & q CD CI' = CD ' \ g ) 8 � � - \• d • - O § 2 � 7 q 7 P CD q �' 2 7 § MI CD } \ % - ® @ cn \41 1