RES 2001-1323 - Contract with TAB Construction Inc for intersection work at 32nd St and Sorensen Pkwy I
. •,
•' �DMAHA ^,.e4 RECEIVED'
`,, `, ���,� Public Works Department
u��Aft.'t`M7 Omaha/Douglas Civic Center
ai-Pr�ile& 1819 Famam Street,Suite 601
6TA,rii ►� �! SAY 14 P 12� 46
w May 22, 20 1 Omaha,Nebraska 68183-0601
g�A L am't 'v' (402)444-5220
O�4TFD FEBR3r�� ^ C Y I
C L x Telefax(402)444-5248
City Omaha 0 M A�4 t, N E 0 R`A S I.C. ': Don W.Elliott,P.E.
Hal Daub,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving the award of a contract with TAB Construction,
Inc. for intersection work at 32" Street and the Sorensen Parkway. This project is identified as
Federal Aid Project STPP-5114(4) and State Control No. 22040.
In accord with the terms of the Program Agreement executed for this project, approved by the
City Council by its Resolution No. 3405, adopted on December 19, 2000, the State of Nebraska
Department of Roads received bids for this work on May 3, 2001. The lowest and only bid of
$129,554.34 was received from TAB Construction.
The following bids were received for this work:
Contractor Amount
TAB Construction, Inc. $129,554.34 (SOLE BID)
This project will be constructed with assistance from the Federal Highway Administration
providing 80% of costs determined eligible for such assistance. Based on the lowest bid received
in this bid process, the local share (20%) is estimated to be $25,910.91 which will be paid from
the year 2001 Traffic Engineering Capital, Street and Highway Allocation, Organization 1434,
Agency 140, Fund 103.
TAB Construction, Inc. has filed the required Annual Contract Compliance Report Form, CC-1,
in the Human Relations Depaitinent. As is City policy, the Human Relations Director will
review the consulting firm to determine its compliance with Ordinance 28885.
Honorable President
a and Members of the City Council
Page -2-
The Public Works Department requests your consideration and approval of the attached
Resolution and bid.
Respectfully submitted, R- - ed t'4 City • ncil • Co• ideratio •
ck
A_AA / ./ A s / 0/
Do Elliott,P.E. //° Date ayor's Office/Tit e 1,55Date
Public Works Direct r i%
Approved: Approved:
IP,,"ri r
t9/0/ -}`JLQ--et-e.-PaZt<-4744-?1%r> 5/11/6/
v
Stanley P. Ti m Date Kellie Paris-Asaka Date
Acting Finance Director Human Relations Director
P:\PW1\1903sap.doc
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STATE OF NEBRASKA
RECciVE (i
DEPARTMENT OF ROADS
John L. Craig,Director ,tka:;F��
1500 Highway 2 0 - rt r`. ! "a
PO Box 94759 J �iN 2 q �.?
Lincoln NE 68509-4759
Phone(402)471-4567
FAX(402)479 4325
DUNE 25, 2001 CITY CIr
www.dor.state.ne.us .7. `!';{a P %;Rca,.
Mike Johanns
CITY OF OMAHA Governor .
C/O CITY CLERK •
OMAHA/DOUGLAS CIVIC CT. , 1819 FARNAM STREET
OMAHA, NE 68183
•
To Whom It May Concern:
The original contract and bond for the following is enclosed.
Project(s): STPP-5114(4)
Location: SORENSEN PARKWAY AT 32ND STREET, OMAHA
Control No(s): 22040
Letting Date: 05/03/01
Award Date: 05/24/01
Awarded To: TAB HOLDING COMPANY, INC. DBA TAB CONSTRUCTION
County(ies): DOUGLAS
Type of Work: CONC PAVE,ELEC
Please have the Mayor sign and the City Clerk attest, as indicated
by red check marks, affix the Seal, and return it to this office.
After we finish processing the contract documents,' a completed copy
will be sent to you for your files.
Sincerely, •
Department of Roads
J14.411,4
Amy Tin s
Highway Contracts Assistant
Contract Lettings Section
Contruction Division
Enclosures
An Equal Opportunity/Affirmative Action Employer
printed on recycled paper
•
STATE OF NEBRASKA
DEPARTMENT OF ROADS
John L. Craig,Director o` TK' rF'�cr
1500 Highway 2 01
PO Box 94759
F � A.
Lincoln NE 68509-4759 � W�(•r4-, .'v
Phone(402)471-4567 d': � ,.�.ate.
FAX(402)479-4325 ,' ti •90
www.dor.state.ne.us '9Rca 'a6
Mike Johann
Governor
•
TO ALL CONCERNED:
........:...
The enclosed original contract is being sent to you for signing.
The purpose of this letter is to clear up any misunderstanding that official action by your entire
body is not necessary on both the resolution and contract for this project. Such duplication in
the past has caused serious time delays in the execution of the contract and performance of the
project.
The legal staff of this department advised me that your official action for this project was taken
at a meeting when your body approved the resolution sent to you after the letting. Your action
concurred in our selection of the low bidder and authorized us to award the contract. SIGNING
OF THE ENCLOSED CONTRACT DOES NOT REQUIRE THE SAME OFFICIAL ACTION. IT
REQUIRES ONLY THE SIGNATURE OF THE PERSON AUTHORIZED BY YOUR BODY TO
SIGN THE CONTRACT.
If you have any questions concerning this matter, please contact the Contract Lettings Section,
telephone number 402-479-4525.
Sincerely,
.4(1 Ctdn Ofotra)
Nancy Loos, Supervisor
• Contract Lettings Section
Construction Division
NUN5-UU
An Equal Opportunity affirmative Action Employer
pdntec on recycled paper
ei F07 Project No. STPP-5114( 4 )
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( 4
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STATE OF NEBRASKA (.6
7
DEPARTMENT OF ROADS •
CONTRACT AND BOND
• CONTRACT • 0
t) .
(6
THIS CONTRACT AND AGREEMENT, made and entered into this day of ,20 by and between
. the City of Omaha ,6
tof the State of Nebraska, party of the first part, and Tab Holding Company, Inc. DBA Tab Constructi
• of Omaha, Nebraska party of the second part:
Ci
WITNESSETH: That the party of the second part, for and in consideration of the sum of One hundred
0twenty-nine thousand, five hundred fifty-four and .34/100 dollars •
payable as set forth in the specifications constituting a part of this contract, hereby agrees to perform in accordance with the plans,
specifications, and special provisions therefore, and in the location designated in the proposal form, the various items of work awarded said '
party of the second part on the• 2 4 th day of May ,2001 ,as follows: being items numbered
1 - 12 inclusive, Group' 3; 13 - 42 inclusive, Group 8B; 43 - 47 (.6
inclusive, Group 10; on Project No. STPP-5114(4 ) , in Douglas
• County, Nebraskali
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0
0 as shown in schedule of.prices bid in the attached proposal which is a part of this contract.
• That it is mutually understood and agreed by the parties hereto that the general and detailed plans, the Standard Specifications for
, Highway Construction of the Department of Roads of the State of Nebraska, which are,on file in the office of the Department at Lincoln;
the contractor's bond; the proposal; all special provisions; and all supplemental agreements area part of this contract.
That it is mutually understood and agreed by the parties that federal funds are part of the financing of this project and that the parties
must meet all specifications, criteria, special provisions and requirements established by the Federal Highway Administration for the use of
' the funds. Therefore, the parties agree that since the federal government has made the State of Nebraska, Department of Roads its agent .
for the purposes of overseeing the project for protection of the federal contributions, the State of Nebraska, Department of Roads on behalf?t. ()
d e Aof n , n , gvio
stoppingofthe of thecountyor work,an assessingth of workFederalHigh daysway and all otherdministrati relatednshall itemshave thatthose therights countyo ori city
spection and the
letting federalco govetractrnbidsment have
eneral insuper protection
c' of their funding. •
It is understood and agreed by the parties that the State of Nebraska, Department of Roads does not have state funds involved or
tcommitted to this project and where a dispute arises the parties shall seek their remedies for payment against each other or the federal
. government and shall hold the State of Nebraska harmless from suit under this contract. ,
The party of the second part expressly warrants that he/she has employed no third person to solicit or obtain this contract in his/her
half,or to cause or procure e same to be obtained upon compensation in any way contingent,in w or ino part,upon suc procurement,
and that he/she has not paid, oh promised or agreed to pay, to any third person in consideration of hole such procurement, or inh compensation 6
;• for services in connection herewith, any brokerage, commission, or percentage upon the amount to be received by him/her hereunder, and •.
that he/she has not, in estimating the contract price demanded by him/her, included any sum by reason of any such brokerage, commission
or percentage, and that all moneys payable to him/her hereunder are free from obligation to any other person services rend , otr 6
j supposed to have been rendered, in the procurement of this contract. He/She further agrees that any breach of thisfor warranty shall constituteered
; adequate cause for the annulment of this contract by the party of the first part, and that the said party of the first part may retain for ',
its own use, from any sums due or to become due hereunder, an amount equal to any brokerage, commission, or percentage, so paid or
agreed to be paid.
)
0
Revised 6.92
con-20.1 1 d
t. 1)Int
G' F07 Project No. STPP-5114(4 )
1That the party of the second part further agrees to pay all laborers and mechanics for labor that shall be performed and pay for all 6
4 material, supplies and equipment which is used or rented in performing the contract, and pay to the Unemployment Compensation Fund ..
of the State of Nebraska the unemployment contributions and interest due under provisions of the Nebraska Employment Security Law
• on wages paid to individuals employed in the performance of this contract.
• All work required in carrying out this contract shall be performed in compliance with the laws of the State of Nebraska. qThepartyofthesecond part furtheragrees toperform theworkunderthesupervisionofthe Department of Roads, as required by
tthe Director-State Engineer of the Department or his/her duly authorized representative,the same as if they had been required by the party
• of the first part,subject to inspection at all times by the Administrator of the Federal Highway Administration of the United States,or his/her •
authorized agent,and in accordance with the laws of the State of Nebraska,and the rules and regulations of the Administrator of the Federal
t Highway Administration of the United States, for the purpose of carrying out the provisions of Title 23, United States Code, as amended
and supplemented (Federal Aid Highway Acts).
• That in consideration of the foregoing, the parties understand the Department on behalf of the county or city and the Federal Highway •
Administration will pay the party of the second part promptly the amounts set forth herein,subject to the conditions set forth in this contract,
tor any part thereof, as herein described.
(ID• It is further expressly understood and agreed that time is of the essence to this contract and that failure to complete the work before •
�! the expiration of the time allowance fixed in this contract,or after the expiration of such additional time as may be allowed by the Engineer,
would cause loss and expense to the party of the first part and such loss and expense would be uncertain in itself and unsusceptible of
certain computation. It also is understood and agreed that failure to comply with this contract,in some manner other than failure to comply
0
with the fixed time allowance, would cause damage that would be difficult to compute with certainty. Therefore, the party of the second •
part expressly agrees and promises to pay as reasonable liquidated damages such liquidated damages as are provided for in this contract.
It is further understood and agreed that the Department on behalf of the county or city shall have the right to deduct from any moneys
• due to the party of the second part the amount of liquidated damages caused to be owing by failure to comply with this contract; or shall
have the right to recover such liquidated damages from the party of the second part, from the surety,or from both the party of the second •
part and the surety, or may deduct part of such liquidated damages as are owing and recover the balance from the party of the second
part, the surety, or both the party of the second part and the surety. _c
g' It is further understood and agreed that the party of the second part shall not do any work-or furnish any materials not covered and •
authorized by this contract, unless ordered in writing by the Engineer. Any such work may be done or any such materials which may be
t, furnished byof ththee secpartoynd ofpart h the second partcovenants withoutand suchagrees writtthaten order,
e firstshall beingmake given,noclaim for shall be at
comp his/herensati oon fwnor risk, costwor ank dso expense;doneor and
any any
' materials so furnished. •
IN WITNESS WHEREOF, the parties hereto have set their hands for the purpose herein expressed, to this and
' one other instruments of '
0 like tenor, this day of ,20 •
0
• THE DEPARTMENT OF ROADS .
OF THE STATE OF NEBRASKA0
t. The City of Omaha, Nebraska4.4
•
41k-
1! � /,a /1 Party
Attest: .: Mayor of the
f First Part
0 ,`, f ti City Clerk
00
Tab Holding Company, Inc. DBA Tab Cons.truc.tion • j
B1r.I -- -- --.� G.'2 . . , � -- Partyj rcia A. Gomez of the 6
(f�� Title; CEO Second Part •
t4 7-0.7.1.0-63-7 '�
• Federal ID Number (6‘..4)
Revised 6-92
'de_, < <-:��-:"��.a���������aj3
f�F07 CONTRACT BOND Project No. STPP-5114(4 ) (6,.„
li,,,..... ,,,.... ,. ..,,„..... ... ....:....., ,,,, e
j KNOW ALL MEN BY THESE PRESENTS: No. SE9203
•
• That we Tab Holding Company, Inc. DBA Tab Construction as principal,
• and United States Fidelity and Guaranty Company as sureties, are held and .6
firmly bound unto the City of Omaha
• of the State of Nebraska, in the penal sum of ————$12 9,5 5 4.3 4 dollars •
Lb. and for the payment of which we do hereby bind ourselves, our heirs, executors and administrators,jointly, severally, and firmly by these .
; presents. _•�
•
0Date ,A.D.20 •' • •�(
The condition of the obligations is such that whereas, the above bounden Tab Holding Company, Inc. DBA
0 Tab Construction of Omaha, Nebraska has been awarded by the Department of Roads of the '
State of Nebraska, and City of Omaha of the State of Nebraska, the contract for items numbered:
•
1 - 12 inclusive, Group 3; 13 - 42 inclusive, Group 8B; 43 - 47 0
inclusive, Group 10; on Project No. STPP-5114(4 ) , in Douglas
;)
County, Nebraska (6‘.4)
•
($
tcopy of which contract together with all of its terms, covenants, conditions and stipulations is incorporated herein and made a part hereof
• as fully and amply as if said contract were recited at length herein.
NOW THEREFORE, if said Tab Holding Company, Inc. DBA Tab Construction as •
principal shall in all respects fulfill this said contract according to the terms and the tenor thereof, and shall faithfully discharge the duties
and obligations therein assumed, then the above obligation is to be void and of no effect;otherwise to be and remain in full force and virtue
• in law. .
It is expressly understood and agreed that this bond is given to secure and does secure not only the faithful performance by the principal
herein named of said contract for the construction work as specified in said contract and in strict accordance with the terms of said contract
and the plans, specifications and all special provisions made a part thereof; but that it is given to secure and does secure also the payment
. by the said bounden
Tab Holding Company, Inc. DBA Tab Construction
of all overpayments made to said principal by the Department of Roads, and of all just claims to all laborers and mechanics for labor that
• shall be performed, and for the payment of all material, supplies and equipment which is used or rented in performing the contract, and
for the payment of all taxes, including contributions and interest due under.the Nebraska Employment Security Law, which may accrue, ..
pursuant to Sections 77.3103 to 77-3112 or any other provision of law, to the State of Nebraska and the political subdivisions thereof on yt
t account of the execution and performance of this contract,and if such payments be made then this obligation shall be null and void;otherwise
it shall remain in ull force and effect.
• No contract shall be valid which seeks to limit the time to less than one year in which an action may be brought upon the bond covering •
,_ the construction work, and this bond is made, executed and delivered with such understanding.
SIGNED this day of ,20 United States Fidelity and Guaranty CompAny
TAB Holding Co. , Inc. /1' , Surety .dlb1.a .TAB.._Construc.tion v /_..,. L C �,4° At' ' vv
4 it Principal ' Attorney n-Fact (Signature)
(pt• By • %, Constructors Bonding Company (....
�•� -l;.tj -- - Agency/Business Name
M cia A. Gomez L!�/��
11636 W.4_,,,t,
ter Road, Omaha, NE 68144 v 6
j� r� / � Agency/Business Address •
.,/,iri ,,CSC t,, / ( 508-06-0550 .Y
Resi'nt AgP�nt (Signature)
/ Social Security No.
t) Constructors Bonding Companyt 11636 W. Center Road, t/ •6
Agency!Business Name and Address Omaha, NE 68144
Revised 8-93
ca,2ol 3
•
—11‘
MOTION BY COUNCILMEMBERiw:' �'` A.
I hereby move that Council Document No. / 3; / ; Current Series, be amended as
follows:
I. Page 1, Line 16, delete the word "Council".
APPROVED AS TO FORM:
CITY ATTORNEY DATE
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER !moo G.)2.o . ! 3 a -b S/ Wo/
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha is desirous of reconstructing the intersection at
32nd Street and the Sorensen Parkway; and,
WHEREAS, this project is eligible for assistance from the Federal Highway
Administration which will provide 80% of eligible project cost, as detailed in the Program
Agreement executed for this project and approved by the City Council by its Resolution No.
3405, adopted on December 19, 2000; and,
WHEREAS, in accordance with the terms of that Program Agreement, the
Nebraska Department of Roads received bids for this project on May 3, 2001 with TAB
Construction, Inc. submitting the low bid of$129,554.34.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the bid received by the Nebraska Department of Roads from TAB
Construction, Inc. in the amount of$129,554.34, being the lowest and only bid received for the
32nd Street and Sorensen Parkway reconstruction, is hereby approved.
THAT, the City does not desire to perform any of the work involved in this
project with City forces in lieu of performing this work by the contract method.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the City's share of the cost in
the amount of$25,910.91 from the year 2001 Traffic Engineering Capital, Street and Highway
Allocation, Organization 1434,Agency 140, Fund 103.
P:\CC\1.952SAP.doc APPROVED A TO FORM:
-a-P- _,/
CITY ATTORNEY DATE
By WaAe...) .,/
6
uncilmember
Adopted MAY 2 Z001 7 D
i. Cit •
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