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RES 2001-1734 - PO to Anderson Excavating & Wrecking Company for demolition of former Delmar Hotel woe or{ANA,ai{ k7 Y RECEIVED Planning Department �f Omaha/Douglas Civic Center ��,� 1819 Farnam Street,Suite 1100 " � y 01 JUN 21 PI 3: 32 Omaha,Nebraska 68183-0601 x �� V (402)444-5150 �� < ,. Telefax(402)444-6140 °R,;", �� CITY CLE.r�t Fb rraR 0 l H 4 1v E C1 �s Robert C.Peters City of Omaha Acting Planning Director Mike Fahey,Mayor Honorable President and Members of the City Council, Transmitted herewith are unit price bids received and a Resolution authorizing the Purchasing Agent to issue a purchase order to Anderson Excavating & Wrecking Company for the demolition of the condemned building located at 219 South 24th Street. The structure is the former Delmar Hotel Bids were received on May 9, 2001. Anderson Excavatin* & Wrecking Company submitted a total bid of$197,890.00 for the demolition of 219 South 24t Street. Funds are appropriated in the 2000 Year End Fund Balance. The Planning Department recommends the acceptance of the bid from Anderson Excavating & Wrecking Company in the amount of$197,890.00, being the lowest and best bid received and requests your consideration and approval of this Resolution. 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 with the Contract Compliance Ordinance. The Finance Department is requested to pay the cost of the demolition from Capital Improvement 302, Agency 195, Organization 1981. Respectfully submitted, Referred to City Council for Consideration: J/Z /� / Z/ of Robert C. Peters Date Ma rs Offic /Title ��� /U ate Acting Planning Director Approved as to Funding Approved: 4/a l kV Z/1/ Stanley P. Ti Date Reg' d L. You D to Acting Finance Director Human Relations Directo P:\PLN1\10145f.doc CITY OF OMAHA -[' < c r REQUEST FOR BID AND BID SHEET ON: DEMOLITION OF CONDEMNED BUILDING . . =ROM: J.T. Leming Published April 25,2001 Acting City Purchasing Agent NOT AN ORDER Page 1 1003 Omaha-Douglas Civic Center 1819 Famam Street BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT Omaha, Nebraska 68183-0011 OF 5% IF THE TOTAL AMOUNT FOR THE ITEM OFFERED IS$20,000 OR MORE. Bid Closing Date 11:00 A.M. May 9,2001 • IMPORTANT 4. If Federal Excise Tax applies,show amount of same and deduct. Exemption certificates will be furnished. Do not include tax in bid. 1.Bid must be in the office of the CITY CLERK,LC-1,OMAHA-DOUGLAS CIVIC CENTER, . 1819 Famam Street,Omaha,NE 68183-0011 by the closing date and time indicated. ' in a sealed envelop marked BID ON: 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. DEMOLITION OF CONDEMNED BUILDING 6. When submitting bid on items listed,bidder may on a separate sheet,make 2.As evidence of good faith a bid bond or certified check must be submitted with bid. suggestions covering reduction in costs wherever this is possible through FAILURE TO DO SO IS CAUSE FOR REJECTION. redesign,change of material or utilization of standard items or quantity change. 3. Right is reserved to accept or reject any or all bids in their entirety and the bidders shall 7. If you do not desire to bid,return sheets with reasons for declining. Failure to do so j have the right to appeal any decision to the City Council. Right is also reserved to will indicate your desire to be removed from our mailing list. If you desire a copy of accept or reject any part of your bid unless otherwise indicated by you. tabulation,check[X]. PLEASE DO NOT CALL FOR THIS INFORMATION. Quote your lowest price,best delivery and terms,F.O.B.delivery point on the item(s)listed below: • QUANTITY DESCRIPTION UNIT PRICE EXTENSION Demolition of 1 building per attached 1 page, General , Provisions (2 pages dated 11/97), Specifications for Demolition of Buildings (3 pages dated 1/99), Exhibit"A" (2 pages), and Exhinit"B" (1 page). DiDS in�'r' Eu•i CITY CLEt OPEtati- DY C O WtTT�C PERFORMANCE BOND �jLt f Cj 3--h_______ The contractor shall provide a performance bond equal to 2001 his bid (in no case less than $500.00) within ten (10) calendar days from award of the contract. IS PER DR"#25445 Referred to Piminseintg Agent • BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING 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 Total Work Protected Pacific Alaskan Pacific Alaskan Female- Date Force Class Black Hispanic Islander Native Black Hispanic Islander Native All Races 4/3/01 95 21 1 19 1 6 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 Annual Contract Compliance Report(Form CC-1). This report shall be in effect for 12 months from the date received by the Human Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to Contract Compliance Officers Rita Viademar at(402)444 5067 or Tony Acosta at(402)444-5053. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms 0 % - 30 Firm Anderson Excavating Co. (/ Incorporated in Nebraska Delivery(or completion) Name Patricia A. Myers Sign tt.c..C-t../t.)e yP��-- Vice Pres/Asst Sec 402-345-8811 402-345-2420 60 calendar days following award Title Phone Fax Address 1824 South 20th Street Omaha Nebraska 68183 Street/P.O. Box City State Zip \/[` Email Address CITY OF OMAHA REQUEST FOR BIDS ON: EMOLITION OF CONDEMNED BUILDIN NOT AN ORDER Page 2 QUANTITY DESCRIPTION UNIT PRICE EXTENSION INSURANCE For City projects where the scope of work will be less than $200,000.00,the following levels of insurance will be required: The successful contractor shall provide a certificate of insurance indicating (1)adequate workers'compensation;(2)public liability in an amount not less than $250,000 for injuries including accidental death to any person and subject to the same limit to each person in an amount of not less than$500,000 where more than one person is involved in any one accident;and(3)property damage insurance in an amount not less than$500,000;and naming the City of Omaha an additional insured. For City projects where the scope of work will exceed$200,000.00,the following levels of insurance will be required: The successful contractor shall provide a certificate of insurance indicating (1)adequate workers'compensation;(2)public liability in an amount not less than$1,000,000 for injuries including accidental death to any person and subject to the same limit to each person in an amount of not less than$5,000,000 where more than one person is involved in any one accident;and(3)property damage insurance in an amount not less than$500,000;and naming the City of Omaha an additional insured. BIDS i'RAESViTTEi7 6Y DIfiY CLERK • opzivID D C • 2oa1 AS PER ORD#25445 neferrcd to Purents:ag Agent SIGN ALL COPIES Firm Anderson Excavating Co. rt B 5�/v_cA/( .x C-711p-yg Y-- Title Vice President/Asst Secretary PH-8C (91) CONTINUATION SHEET All bidders are to comply with the Omaha Contract Compliance Program as follows: Civil Rights Compliance—Omaha Contract Compliance Program DEFINITIONS PAGE: • Disadvantaged Business Enterprise DBE meets 4 of the following requirements: (a) In business for at least one year • (b) Not affiliated or subsidiary of a business dominant in its field of operation (c) Is not a non-stocking retailer or wholesaler. Mfg. Rep, franchise, or owner is an owner or part owner of a similar business (d) Is economically disadvantaged (e) Is socially disadvantaged (A disadvantaged business may include, but not be limited to a business owned by a PC, but such business must meet two or other conditions set forth in DBE criteria (1-5) above) Protected Class PC consists of; (a) Black (b) Hispanic (c) Asian and Pacific Islander (d) American Indian or Alaskan Native (e) Female Protected Business Enterprise PBE consists of: (a) 51% of a business owned, controlled and actively managed by PC members (b) 51% of the stock of a publicly owned business is owned and controlled by PC Members (c) Provided that PC ownership and interests are real and continuing and not created for the purpose of complying to obtain a contract or subcontract In Compliance Employer ICE consists of: (a) An employer that has at least 25% of PCs as the total number of employees in full or part time positions (b) Provided that these PC positions are not created for the purpose of complying to •obtain a contract or subcontract • It has been declared necessary and expedient to require certain provisions in contracts with the City of Omaha to promote equality of opportunity in employment without regard to race, creed, color,sex, religion or national origin. This will promote and encourage socially and/or economically disadvantaged Omaha businesses to compete for city contracts and to encourage diversity by the City in the award City contracts and to promote equality of access to city contracts. "Contractor" is defined as any person, partnership, corporation, association or joint venture which has been awarded a contract, and includes every subcontractor on such a contract. "Subcontractor" is defined as any person, partnership, corporation, association or joint venture which supplies any of the work, labor services, supplies, equipment, materials or any combination of the foregoing under a contract with the contractor on a contract. The term "lowest and best bid" whenever used in this division shall include authority but not a requirement to award a contract to a disadvantaged business enterprise that is not the low bidder, but who is awarded a contract or subcontract determined by the city to be an acceptable cost higher than a competing lower bid, except for specially assessed projects. The cost differential in each contract shall not. exceed 3%. The Finance Director shall administer and enforce, maintain and report contract statistics, for quarterly reports, determine which program goals are met, advise departments "lowest and best" bid determinations and attaining program goals, implementing rules and procedures, and making fiscal determinations for • compliance with the program. 10-192 All contracts hereafter entered into by the city shall incorporate an equal employment opportunity clause,which shall read as follows: All Bidders are required to comply with the Omaha Contract Compliance Program. During the performance of this contract, the contractor agrees as follows: (a) The contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability or national origin. The contractor shall take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, religion, color, sex or national origin. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited,. whether by advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting offices setting forth the provisions of this nondiscrimination clause. (b) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin, age, disability. (c) The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or workers' representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor shall furnish to the contract compliance officer all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, including the information required by sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the contract compliance officer shall be those, which are related to paragraphs (a) through (g) of this subsection. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. • (e) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of enforcing the provisions of paragraphs (a) through (g) herein, including penalties and sanctions for noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the city, the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate the provisions of this division; and in case of contracts receiving federal assistance, the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States. (f) The contractor shall file and shall cause his subcontractors, if any, to file compliance reports with the contractor in the same form and the same extent as required by the federal government for federal contracts under federal rules and regulations. Such compliance reports. shall be filed with the contract compliance officer. Compliance reports filed at such times as directed shall • contain information as to the employment practices, policies, programs and statistics of the contractor and his subcontractors. (g) The contractor shall include the provisions of paragraphs (a) through (g) of this section, "Equal employment opportunity clause." And section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. 10-194 (a) All notices to bidders published shall include as part of the specifications the condition that all bidders are required to comply with the Omaha Contract Compliance Program. As part of the bid documents, each bidder files contract employment reports that confirms: (a) That the contractor has notified community organizations that they have employment opportunities available and shall maintain records or any responses (b) That the contractor maintains a file of names and addresses of each PC worker referred and what action taken in respect to these referred workers, and if the worker was not employed, the reasons therefore. If such worker was not sent to the union hiring hall for referral or if such worker was not employed by the contractor, the contractor's file shall document this and the reasons therefore. (c) Contractors will contact the contract compliance officer when the union or unions that the contractor has a collective bargaining agreement have not referred a minority worker sent by the contractor or if there is information that the union referral process has impeded his goal. (d) That the contractor has solicited bids for subcontractors from PC subcontractors engaged in trades covered by their regulations, including circulation to minority associations. (e) Contractor certifies that all employees directly involved with the contract will be given a discrimination prevention presentation approved by HR in one of the following: a. Contractor has a Bureau of Apprenticeship (BAT) approved apprentice program b. The company EEOC officer has attended a City of Omaha HRD course and then teaches all employees involved with the contract c. All employees involved with the contract who have a direct contract with the public attend a discrimination presentation course presented by HR (f) If a complaint is filed against the contractor and found to be valid by HR, all employees involved in the complaint will attend a HR discrimination course before the company can be awarded future contracts and/or received final • payment for the current contract. 10-200 Award of City contracts to PBEs,ICEs, and DBEs. (a) Commencing on 1/1/2001, the City shall make a good faith effort feasible to award supply, service and construction contracts in amounts in no less as determined by the Finance Director by 12/31 of the prior year, to proportionate to the percentage the PBE bears to the total business in the proposed contract industry. These goals shall apply to the dollar volume of those contracts. (b) Commencing on 1/1/2001,the City shall make a good faith effort feasible to award supply, service, and construction contracts to DBEs in amounts no less than 10% of dollar volume of contracts awarded by the City. (c) Exclusions to these percentages are contracts awarded to public utilities and other governmental units. Contracts awarded in amounts of$1,000.00 or less shall be specifically excluded from the total contracts awarded but not from the total volume of contracts awarded. • THE LIVING WAGE ORDINANCE COMPLIANCE GUIDELINES • IF THIS BID/REQUEST FOR PROPOSAL FALLS UNDER THE GUIDELINES OF THE CITY OF OMAHA'S LIVING WAGE ORDINANCE. THE COMPANY/EMPLOYER AWARDED A CONTRACT OR PURCHASE ORDER FOR THIS SCOPE OF WORK UNDERSTANDS AND WILL COMPLY WITH THE FOLLOWING REQUIREMENTS: The Living Wage Ordinance applies to the following service contracts and financial assistance recipients: Service contracts signed after January 15t 2001,when the bidding process was initiated after January 1st, 2001 and the amount of the contract is equal to or exceeds S75,000; Recipients of financial assistance in an amount equal to or greater than$75,000, in any twelve-month period; Service contracts with an escalation clause or amendment, where the extension or escalation is equal to or greater than$75,000. The following contracts are exempt from the requirements of the Living Wage Ordinance: 1.)Service contracts for less than$75,000, or those service contracts with an authorized escalation clause or amendment which increases the amount received by the contractor to S75.000 or more in any twelve- month period,but where the escalation or amendment amount is under S75,000. 2.)Service contracts, which result from requests for proposals or bid which were solicited before January 1st,2001. 3.)Contracts for City Financial Assistance Recipients(CFAR)involving 501 (c)(3)organizations. 4.)CDBG tenants and lease holders. 5.)Employers with fewer than 10 employees for 20 or more calendar weeks in the current year or preceding calendar year. This exemption applies to companies whose work force meets the fewer than 10 employees in 20 weeks guideline, either in the previous year or the current year the service contract was entered into. 6.)CFAR employers who obtain a waiver. No service providers are eligible for waivers. 7.)Employers who serve as an intermediary for granting assistance to another employer;except that the City of Omaha is not exempt. 8.)Suppliers of goods,products, equipment, supplies or other personal property. 9.)Tenants or leaseholders of a CFAR who employee less than 20 employees. 10.)The service contractor of a CFAR(who receives$75,000 or more)who expends less than half of his or her time on the premises of the CFAR and is not directly involved in the funded property, program,or project which is the subject of the City's financial assistance. 11.)Employers of"trainees"are exempt from paying the living wage to trainees for up to 90 days. 12.)Employers who receive less than $75,000 in any twelve-month period from the City for a single contract are exempt. All proposed contractors and City Financial Assistance Recipients(CFARs)subject to the provisions of these regulations shall submit a completed Declaration of Compliance Form,signed by an authorized representative,with each proposal,bid or application,to the City of Omaha,Living Wage Compliance Officer, Room 1003, 1819 Farnam Street,Omaha,NE 68183.Attn: Joe Couch 444-5409. The Declaration of Compliance Form shall be made a part of the executed contract,and will be made available for public inspection and copying by the City during its regular business hours. This Declaration of Compliance form is to be signed by an authorized representative of the company, obligating the company/firm/CFAR to comply with the Living Wage Ordinance. This signed form is binding and a legal obligation to meet the terms and conditions of the ordinance under the penalty of perjury. Contractors and CFARs shall require their subcontractors and tenants/lease holders who are covered by these requirements to comply with the provisions of these regulations. Contractors and CFARs shall be responsible for including language committing the subcontractors or tenants/leaseholders agreement to comply in their contract with their subcontractor or tenants/leaseholders. Contractors and CFARs shall submit a copy of such subcontractors or other such agreements with each proposal,bid or application. Employers shall give written notification to each current employee annually and/or at time of hire,of his or her rights to receive the benefits under the provisions of these regulations. The notification shall be provided in English, Spanish and other languages spoken by a significant number of the employees, and shall be posted prominently in communal areas at the work site. A copy of said notification shall be forwarded to the City of Omaha,Living Wage Compliance Officer,Room 1003, 1819 Farnam Street, Omaha,NE,68183.Attn:Joe Couch 444-5409. The notification must include the following information: Minimum compensation:All employees are entitled to an initial hourly wage rate of$8.19 with health-care benefits for full-time and part-time employment, or$9.01 for part time employment without health-care benefits for work performed on City of Omaha contracts and projects. The initial rates will be upwardly adjusted each year effective July lst of every year. Full-time/Part-time employee:Means any employee who works 2080 hours,or more,per year shall be considered a full-time employee. Part-time employee means any employee who works less than 2080 hours per year. Basic Health Insurance Benefits:Means that the employer pay$1.25 per hour worked towards health-care benefits for the employee and dependents which will be equal to insurance premiums of no less than$2600 dollars per year or$216.67 per month for full time employees. Part-time employees, if provided insurance benefits,will be calculated on a pro rata basis based on the number of hours worked. Proof of health benefits shall be provided to the City of Omaha not later than 30 days after the execution of the contract Tenants or leaseholders:Means those who have received$75,000 or more in City financial assistance and who employee 20 employees for 20 working days within twenty weeks,at the subject property. Federal Earned Income Credit(EIC): Employers must inform employees earning less than$12 per hour of their possible right to Federal Earned Income Credit(EIC)and provide employees with forms to apply for advance EIC payments to the eligible employees in English, Spanish and other languages spoken by a significant number of their employees within 30 days of employment under the subject agreement. Employers shall permit authorized City representative access to work sites and relevant payroll,upon request during the term of contract. The access should allow inspection and/or copying of company records. During the period of the contract or five years(for construction of facilities or to purchase real or tangible property),the City has the right to monitor compliance, investigate employee complaints,and to review any of the payroll and/or other records necessary for compliance to this ordinance. Employers shall not retaliate against any employee claiming non-compliance with the provisions of the Living Wage Ordinance and to comply with federal law prohibiting retaliation for union organizing. Employers who fail to submit documents,declarations or information required to demonstrate compliance with these regulations shall be deemed non-compliant,non-responsive or in violation,and will be subject to the remedies set forth as follows. The City will issue a written notice to the contractor or CFAR when violations are found. The contractor or CFAR shall have 21 days to appeal to the City of Omaha,Living Wage Compliance Officer,Room 1003, 1819 Farnam Street,Omaha,NE 68183 Attn:Joe Couch,444- 5409. If after 21 days after written notice to the contractor or CFAR of non-compliance,being non- responsive,or in violation,the City may impose any or all of the following penalties. Suspension/termination of contract;reimbursement of financial assistance;elimination from consideration of future contracts;payment of a fine of$50 for each week for each employee until compliance has been established by the Finance Director; wage restitution for each affected employee and any or all other remedies allowed by law. Employees that have complaints regarding violation of this Ordinance or complaints of retaliation must file the forms with the City of Omaha,Living Wage Compliance Officer,Room 1003, 1819 Farnam Street, Omaha,NE 68183 Attn: Joe Couch 444-5409, together with copies of all documents supporting the allegation,within 30 days after the alleged wrongful action. • CITY OF OMAHA DECLARATION OF COMPLIANCE LIVING WAGE ORDINANCE The City of Omaha's Living Wage Ordinance provides that all employers under contract for the furnishing of services to or for the City and that involve an expenditure equal to or greater than$75,000,and certain recipients of City financial assistance (except where specifically exempted)that involve receipt of financial assistance equal to or greater than$75,000 shall comply with all provisions of this Ordinance. The contractor or City Financial Assistance Recipient(CFAR)further agrees: To pay employees a wage no less than the minimum initial compensation of$8.19 cents per hour for full- time and part-time employees with health benefits,or otherwise$9.01 per hour for part-time employees with no health care benefits, for the year 2001. Health Insurance Benefits means that the employer pays, S 1.25 per hour worked towards health care benefits for the employee and dependents which will be equal to insurance premiums and of no less than$2600 per year or S216.67 per month for full-time employees. Part-time employees, if provided insurance benefits,will be calculated on a pro rata based on the number of hours worked. To inform employees earning less than$12 per hour of their possible rights to Federal Earned Income Credit(EIC)and make available the IRS Form and Instruction (W-5)required to secure advance EIC payments from the employer. These forms shall be in English, Spanish and other language spoken by a significant number of employees, and provided within 30 days of employment. To require subcontractors and tenants/leaseholders to comply with the Living Wage Ordinance and,where a lease or written agreement is entered into with a sublesee or subcontractor,to include his understanding in any contract or agreement between the CFAR and tenants/lease holders or subcontractors. A copy of such subcontract or other arrangement shall be submitted to the City of Omaha,Living Wage Compliance Officer, Room 1003, 1819 Famam Street,Omaha,NE 68183.Attn: Joe Couch 444-5409. To maintain payroll for all employees and basic records relating thereto and keeping the records for a period of three years after termination of the employer's contract with the City or after City financial assistance has ended. The employer shall provide written notification to each current and new employee at the time of hire of his or her rights under the provisions of this ordinance. The notification shall be in English, Spanish or other language spoken by a significant number of employees. A copy of this notice shall be posted prominently in communal areas of the work site, and,a copy of this notice must be forwarded to the City of Omaha, Living Wage Compliance Officer,Room 1003, 1819 Famam Street, Omaha,NE 68183.Attn:Joe Couch 444-5409. To permit authorized city employees to access work sites and relevant payroll,upon request during the term of the contract. The access should allow inspection and/or copying of company records. To not retaliate against any employee claiming non-compliance with the provisions of the Living Wage Ordinance and to complying with federal law prohibiting retaliation for union organizing. The undersigned authorized representative hereby obligates the company/firm/CFAR to the above stated conditions under penalty of perjury. Company Name Signature of Authorized Representative Address Type or Print Name Area Code Phone Type or Print Title FOR CITY USE ONLY DETERMINATION: BIDDER IS- EXEMPT/NOT EXEMPT DEPARTMENT REPRESENTATIVE • LIVING WAGE ORDINANCE #35195 AS AMENDED Proof of Health Benefits Name of Entity • Address City State Zip Code Contact person with above entity Phone Number Start date of Contract with City Date Contract expires Resolution/Ordinance number Date signed Amount of contract per year $ Information on Health Care Provider: Name(s)of Carrier Address City State Zip Code Phone Number Policy number Policy effective date Policy expiration date 1. Are all full-time employees and their dependents covered under the medical insurance policy? yes no 2. If you answered yes to Question No. 1,do you provide health benefits at or above a level of$1.25 per hour per employee? yes no 3. Are all part-time employees and their dependents covered under the medical insurance policy? yes no 4. If you answered yes to Question No. 3,do you provide health benefits at or above a level of$1.25 per hour per employee? yes no 5. If you answered no to Question No.3, what is the lowest wage(per hour)paid to part-time workers? ATTACH A COPY OF YOUR CONTRACT WITH THE HEALTH CARE PROVIDER AND SIGN BELOW. RETURN TO: CITY OF OMAHA,LIVING WAGE COMPLIANCE OFFICER, ROOM 1003, 1819 FARNAM STREET, OMAHA,NE 68183 ATTN:JOE COUCH,444-5409. SIGNATURE TITLE DATE . Section 10-313 (b) , 10-321(d)(2) NOTIFICATION TO EMPLOYEES OF THEIR RIGHTS UNDER THE LIVING WAGE ORDINANCE The City of Omaha has enacted the Omaha Living Wage Ordinance. This ordinance provides for a Living Wage of at least 110%of the federal poverty level for a family of four,or 100%of the poverty level, if described health benefits are paid by the employer,to be adjusted July 1st of each year. Employees are hereby notified of their rights under the Living Wage Ordinance. All employees are entitled to an initial hourly rate of$8.19 with health care-benefits for full-time and part- time employment, or$9.01 for part-time employment without health-care benefits for work performed on City of Omaha contracts and projects. The initial rates will be upwardly adjusted each year effective July first of every year. Any employee who works 2080 hours,or more,per year shall be considered a full-time employee. Part-time employees are any employees who work less than 2080 hours per year. Employees shall be provided with a minimum of$1.25 per hour for each hour worked towards health-care, benefits for the employee and dependents which will be equal to insurance premiums of no less than$2600 per year or$216.67 per month for full-time employees. Part-time employees if provided health benefits, will be calculated on a pro rata basis,based upon the hours worked. Employees earning less than$12 per hour must be advised by their employer of the employees possible right to Federal Earned Income Credit(EIC),not later than 30 days from the initial date of employment. These forms from the federal government informing employees about the EIC and forms from the federal government required to secure advance EIC payments shall be made available by all employers. These forms shall be provided to the eligible employees in English,Spanish and other languages spoken by a significant number of the employees within 30 days employment under the terms of this ordinance and as required by the Internal Revenue Code. The employer shall provide written notification shall be provided to each current and new employee at the time of hire of his or her rights under the provisions of the Living Wage Ordinance. This written notification shall be in English, Spanish or other language spoken by a significant number of employees. This written notification shall be posted prominently in communal areas at the work site. Any and all complaints regarding violation or non-compliance with the Living Wage Ordinance must be filed with the City of Omaha, Living Wage Compliance Officer,Room 1003, 1819 Farnam Street,Omaha, NE,68183,Attn Joe Couch 444-5409;together with copies of all documents supporting the allegation, within 30 days after the allegedly wrongful action. An employee who alleges violation of any provision of this ordinance may report such acts to the City's Living Wage Compliance Officer and,at the employee's discretion,exhaust available employer internal remedies. All complaints regarding violation of the Living Wage Ordinance submitted to the Living Wage Compliance Officer will be maintained in strict confidence between the party filing the complaint and the City of Omaha. The complainant or witnesses' identity will not be divulged to the employer without the individual employee's written consent. Employees filing complaints of violation or non-compliance with the provisions of the Living Wage Ordinance,participating in any of its proceedings,using any civil remedies to enforce his or her rights,or otherwise asserting his or her rights under this Ordinance,shall not be retaliated against in any fashion by any employer. An employee claiming retaliation(such as, termination,reduction in wages or benefits or adverse changes in working conditions)for alleging non- compliance with his ordinance may report the alleging retaliation in the same manner as the initial complaint. Copies of the Notice of Complaint are attached for filing such claim with the City of Omaha. Any notice of complaint should be submitted to:City of Omaha,Living Wage Compliance Officer,Room 1003, 1819 Farnam Street,Omaha,NE 68183.Attn: Joe Couch,444-5409. • GENERAL PROVISIONS 1. CONTRACTOR'S LICENSE:• The contractor is to comply with the provisions of the Ordinances of the City of Omaha pertaining to any work or act to be done under any demolition contract received under and pursuant to this bid,and if not already on file, shall furnish to the City of• Omaha,a Building Wrecker's License and Permit Bond required by Ordinances of the City of Omaha for the occupation of wrecking, removing or tearing down buildings and structures. 2 CONTRACT AWARD: The Purchasing.Agent of the City of Omaha may award one contract for all of the items in the proposal herein bid upon,or may award a contract for each separate item, or, he may award a contract or contracts for any group of items to any one or more bidders, it .being understood that the bidder most favorable in price to the City of Omaha is normally to be selected unless for any other reason, the bidder or bidders,other than the low bidders is or are • deemed advisable. 3. PAYMENT: All payments by the City of Omaha to the contractor will be paid in cash within 28 calendar days after the demolition work for each item and/or group of items bid upon has been completed by the contractor and inspected and approved by the City Planning Department of ' • the City of Omaha.All payments to be made by the contractor to the City shall be paid in cash at the time the contract is executed. • 4. VERMIN INSPECTION AND WRECK PERMIT: Upon issuance of a permit, for the demolition • of a building or structure such building or structure may be wrecked or torn down, provided that all the work be done thereunder shall be subject to the supervision of the City Planning Department and to such reasonable restrictions as it may impose in regard to elements of safety and health, and provide further, that the work shall be kept so sprinkled that dust shall not be blown upon suz rounding property,and sufficient scaffolding be provided to ensure safety to • human life. No permits will be issued until the applicant.for the permit has obtained a written statement from the health director that the premises are free of rodent, pigeon and/or vermin infestation or that such infestation has been removed by a method approved by the health director. The expense of inspection and/or eradication of rodents, pigeons, and/or vermin from the premises shall be borne by the applicant for the permit. Demolition shall commence no longer than 72 hours after the premises have been declared free of rodent, pigeon and/or vermin infestation. • S. COMMENCEMENT AND COMPLETION OF WORK The contractor shall commence work under this contract immediately and not later than fourteen (14) calendar days after the date of this instrument,and shall fully complete all work hereinunder within thirty(30) calendar days from and including said date of commencement. An extra fifteen(15)calendar days will be granted for structures that contain asbestos. Days during any delay requested in writing by the City shall nor count toward the said deadline. Time being of the essence,should the contractor fail to complete the work within the time agreed upon herein, or within such extra time as may be allowed by written extension from the city, there shall be deducted from any monies due the contractor the sum of S50.00 per day for each and every calendar day thereafter that the work shall remain uncompleted. This sum shall be considered and treated not as a penalty, but as liquidated damages due the City of Omaha from the contractor by reason of inconveniences to the public,an added cost of supervision, maintenance,and other items which have caused an expenditure of public funds resulting from his failure to complete the work within the time specified in the contract. General Provisions Page 2 6. SPILLING RUBBISH AND OFFAL: Pursuant to Section 36-138 of the Omaha Municipal Code, every person engaged in hauling or removing earth, sand, rock, manure, rubbish,offal,or other material shall have boxes on his wagon, car, or other vehicle and the same shall be constructed of sound and tight,side,end,and bottom board and a top cover to prevent the dropping,spilling, or wasting or such sand, earth, rock,manure, rubbish, offal,or other material in or upon any street. 7. ASBESTOS REMOVAL AND DISPOSAL• Pursuant to State of Nebraska, Department of Health, Asbestos Control Program,all materials identified as asbestos containing material shall be removed in accordance with the laws of the State of Nebraska and all applicable Local,State, and Federal Regulations. (All asbestos containing materials are the responsibility of the contractor.) 7A. The contractor shall furnish the City of Omaha Planning Department copies of the state asbestos project notifications and state permits including copies of all asbestos, workers inspectors, ' supervisors state licenses including asbestos contractors licenses. 7B. One hour before the completion of the asbestos removal, the contractor shall call the City for a inspection. After the asbestos has been removed and the City has given final approval of the removal, the demolition permit may be applied for. Inspections can be made any normal day during the working hours 8:00 a.m. to 4:00 p.m. Monday thru Friday. 8. TERMINATION OR DELAY OF WORK: The City reserves the right to terminate any demolition project under this contract at any time. If a project is terminated after the issuance of •a purchase order for the same, the City shall be liable to the.contractor only for the following amounts for the project so terminated: a. A liquidated administrative fee of S200.00, for the contractor's time and services expended;and. b. The contractor's out-of-pocked expenses (not including the contractor's time and services provided for about) that are; 1)actually notice of termination;2) supported by documentation provided to the City, specifically referencing the terminated project•,and 3) verified by the City as having been incurred. The City shall not be liable in any amount for any demolition project that is enjoined or prohibited by court order. The City shall not be liable in any amount for any demolition project that is delayed (but not terminated)at the Citv's request: provided, that such delay shall not exceed a period of 90 following the City's notice of delay. 11/97 • • SPECIFICATIONS FOR DEMOLITION OF BUILDINGS I_ SCOPE OF WORK The provisions of the specifications apply to the wrecking, removal,and demolition of buildings and structures. Such work shall include: a. Remove all non-masonry materials from structures. All masonry walls shall be collapsed and compacted within the excavation. The excavations shall be backfilled with a minimum of three(3) feet of clean fill as stated in item#6. b. Remove all foundation walls and footings on any garage. Do not remove • the slab unless it is broken or specified in the bid. c. Remove any rubbish and debris. d. Remove any trees four(4) inches in diameter or less within five (5) feet from any structure. e. Grade should conform as to match existing grade thus disallowing any possibility of flow onto public streets and sidewalks. 2 NO iit1CATIONS: 'Before any work is started under this contract, the contractor shall notify the following agencies at least seven(7) days in advance of starting work a. Metropolitan Utilities District: The Utilities District must be notified through their New Service Section before any demolition begins. The water and gas services must be cut off before a demolition permit will be issued. See Sec. #7. b. Omaha Public Power District The O.P.P.D. must be notified that the electric meter must be removed, preparatory to wrecking the building. c. The Owner of the Premises: The owner of the condemned building must be notified in writing to remove the storage and contents of the building. [f the storage and contents of the condemned building are still present in the building at the time of demolition, contractor shall remove and store it neatly elsewhere on the premises. 1 . Prior to any demolition, the contractor must furnish the City of Omaha Planning Department a copy the letter to the owner. d. City Inspectors: I. The Planning Department must be notified and an inspection made and photographs taken of the building or structure before the demolition work is started. Notifications are to be given during the normal City work week, Monday thru Friday from 8:00 A.M. to 3:00 P.M. Whenever and wherever fill is necessary at City demolition sites,inspection shall be called for, and approval received, prior to placing any fill on these demolition • sites. • Specifications for Demolition of Buildings Page 2 Whenever the contractor fails to notify, the following conditions will apply. • a. Contractor shall provide before and after photographs of the demolition and removal sites. • b. Contractor shall provide an itemized statement consisting of the number of labor hours on the job, and kind and amount of equipment employed. • •• c. Where the above conditions are not complied with, payment will be withheld for each item involved. Payment will be held pending the Board of Equalization Hearing. 2. The Plumbing Section of the Permits and Inspection Division must be notified so an inspection can be made of all Sanitary Sewer inlets and drains to ascertain if they are properly capped before the contractor starts backfill work. 3. PROC.t:llURE: Except where there is adequate space and special permission has been received from the Manager of the City Planning Department, in the demolition of buildings and structures of wood frame construction,one story at a time shall be completely removed. No wall,chimney,or other construction shall be allowed to fail enmasse on an upper floor. Bulky material,such as beams and columns,shall not be allowed to fall enmasse on an upper floor. Bulky material,such as beams and columns,shall not be allowed to fall. 4. USE OF CHUTES: a. Chutes for the removal of materials and debris shall be provided in all such parts of demolition operations that are more than 20 feet above the point where the removal of material is effected. b. Such chutes shall be completely enclosed. They shall not extend in an unbroken line for more than 25 feet,but shall be equipped at intervals of 25 feet or less with substantial stops to prevent descending material from attaining dangerous speeds. c. The bottom of each chute shall be equipped with a gate or stop, with suitable means for closing or regulating the flow.of materials. • 5. DISPOSAL OF WASTE AND DEBRIS: All waste material,rubbish,and debris shall be neither • stored nor allowed to accumulate within the building or in the immediate vicinity,but shall be moved from the premises as rapidly as practicable. No material shall be disposed of by burning on the premises or in the immediate vicinity, without permission of the Chief of the Omaha Fire Division. All dry material, rubbish,and dust shall be wetted down: if necessary, to lay dust or prevent being blown about. f t Specifications for Demolition of Buildings Page 3 6. CLEAN PREMISES &SEED: After the building has been demolished or removed, the basement or all depressions shall be filled with clean fill dirt, leveled to grade and left in a clean,safe, and sanitary condition. The tract shall be leveled so as not to entrap and create pools of standing • water. The area shall be seeded with a 90% minimum purity of perennial rye grass at the rate of 1.25 pounds per 1,000 square feet. 7. WATER AND GAS: Prior to the demolition or removal of any structure, the water service shall be disconnected from the corporation stop at the main and the outlet threads on the corporation stop shall be destroyed. The work shall be performed by a licensed master plumber and inspected by a representative of the Metropolitan Utilities District. If the water service is. connected to the main by means of a tee or tapping sleeve, the connection shall be removed by the Metropolitan Utilities District. The Metropolitan Utilities District will issue a"Notice of Completion"of such work to the City of Omaha,Planning Department. A demolition permit will not be issued without said notice. 8. SEWER: Before the demolition or removal of any structure, the sewer outlet shall be disconnected at the property line. The outlet will then be capped with concrete. Permits are required and work is to be done in accordance with Chapter 49 of the Plumbing Code. 9. SEPTIC: The septic must be pumped, the lid destroyed and then filled with sand or clean fill dirt. Proper permits must be obtained and an inspection made by the Plumbing Section of Permits Sc Inspections. 10. OMAHA MUNICIPAL CODE: All work done in the demolition and removal of any building shall be done in compliance with the Omaha Municipal Code as of this date and as hereinafter amended. • 1/99 • EXHIBIT"A" During the performance of this contract, the contractor agrees as follows: 1. The contractor shall not discriminate against any employee applicant for employment • because of race, religion,color, sex disability or national origin. The contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion,color, sex disability,or national origin. As used herein, the word"treated"shall mean and include, without • limitation, the following: Rec-uited, weather advertising or by other means; compensated;selected or training, including apprenticeship; promoted;upgraded; demoted;downgraded; transferred; laid off;and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and appiikants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2. The contractor shall,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race, religion,color,sex disability, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitment under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall furnish to the contract compliance officer all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, and including the information required by sections 10-192 to 10-194, inclusive,and shall permit reasonable access to his record. Records accessible to the contract compliance officer shall be those which are related to paragraphs (1) through (7)of this subsection and only after reasonable notice is given the contractor. The purpose for this provisions is to provide for investigation to ascertain compliance with the program provided for herein. • • 3. The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of enforcing the provisions of paragraphs (1) through (7) herein, . including penalties and sanctions for noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the city, the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate the provisions of this division;and in the case of contracts receiving federal assistance, the contractor or the city may request the United States to enter into such Iitigation to protect the interests of the United States. Exhibit"A" Continued 6. The contractor shall file and shall cause his subcontractors, if any, to file compliance • reports with the contractor in the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the contract compliance officer. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies, programs and statistics of the contractor and his subcontractors. 7. The contractor shall include the provisions of paragraphs(1) through (7) of this section, "Equal Employment Opportunity Clause", and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon subcontractor or vendor. • Exhibit'B" • SECTION 3 CLAUSE OF THE HOUSING AND URBAN • DEVELOPMENT ACT OF 1968 1. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in,or . owned in substantial part by persons residing in the area of the project. 2 The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135,and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any,a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees • and applicants for employment or training. 4. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will,at the direction of the applicant or receipt of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development,24 CFR Part 135. The contractor will not subcontract with,any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Z W U Z D F- W U Z E D 0- - U Z E �» W Z U I Slzf.a Ct3 �Y\`3 _ 7. U) 0_14- z 0.."-D 'Di\l'1-1-Nci,Nti-0 1 g 6 ctOga3 Ca(NV - CD d- . 2 0 m z N 0 0 o m m co U o °' o z �= u) • c U ifj0 75 w m Q 0 2 U .L. Z cf �. rn a 0 E 6 z o a s U E N i'lO cn O Z W ' Cl)p (I) O o - °' 0 U N U P. O o = Z Q. Z O p 'co O H aa) —aai • P. J m 0 0 J0 a) >' F.:III n o c ;.- c m 0 O C m 'c tB Q T ca. N I- • o 2 a) a c 25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received May 9, 2001, for demolition of the former Delmar Hotel located at 219 South 24th Street; and, WHEREAS, the lowest and best bid received was that of the following: Anderson Excavating&Wrecking Company $197,890.00 WHEREAS, the bid tabulations have been reviewed by the Planning Department, who has recommended the acceptance of Anderson Excavating & Wrecking Company as being the lowest and best bid; and, WHEREAS, Anderson Excavating & Wrecking Company has complied with the City's Affirmative Action Program and completed and submitted an Affirmative Action Program Compliance Report. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the bid of Anderson Excavating &Wrecking Company, for the demolition of the former Delmar Hotel, located at 219 South 24th Street, in the amount of $197,890.00 is accepted and award is made to Anderson Excavating &Wrecking Company. The amount of this award shall be paid from the Capital Improvement Fund 302, Agency 195, Organization 1981. BE IT FURTHER RESOLVED: THAT, the Purchasing Agent be authorized to issue a purchase order to Anderson Excavating & Wrecking Company for the demolition of the former Delmar Hotel, located at 219 South 24th Street, in the amount of$197,890.00. P:\PLN1\10146f.doc APPROVED AS TO FORM: c` CA/len ASSISTANT CITY ATTORNEY DATE By uncilinember Adopted ,40). 11 0 2001 ,2-0 City Clerk � Approved lj � e,/ • Ma r/• r _ , 0 -. 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