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
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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.
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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:
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ASSISTANT CITY ATTORNEY DATE
By
uncilinember
Adopted ,40). 11 0 2001
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