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RES 2023-0423 - Change Order No. 1 with The Waldinger Corporation for a second plumber for plumbing at various City of Omaha Parks City Clerk Office Use Only: 212-3-01125Publication Date(if pplicable): iRESOLUTION NO. 202 Agenda Date: Department: (1 .) Submitter: )))/tiu(a ( iaiis CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska WHEREAS, approving Change Order No. 1 to the contract and Purchase Order No. #1285847 that awarded The Waldinger Corporation to furnish the materials and/or perform the work such as: proposal for a second plumber to supplement the plumbing on various locations throughout the parks, Omaha, Nebraska, for the Parks, Recreation, and Public Property Department; and, WHEREAS, The Waldinger Corporation has agreed to perform the additional work for $19,289.60; the original quote was $19,289.60, total amount is $38,579.20. This Change Order is required because of an additional plumber to complete plumbing work. All other provisions of the original contract shall remain in full force and effect; and, WHEREAS, The Waldinger Corporation has complied with the City's Contract Compliance Ordinance No. 28885 in relation to Civil Rights - Human Relations; and, WHEREAS, the Mayor has recommended acceptance of Change Order No. 1, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, Change Order No. 1 to the contract and Purchase Order No. #1285847, in the total amount of $38,579.20 for The Waldinger Corporation to furnish the materials and/or perform the work such as: proposal for a second plumber to supplement the plumbing on various locations throughout the parks, Omaha, Nebraska, is hereby approved. The Finance Department is authorized to pay the total amount of $38,579.20 from the General Fund 11111, Organization No. 115031, Park Facilities Services. p:3045mtc APPROVED AS TO RM: 7 a3 DEPUTY CITY ATTORNEY DATE Adopted: APR 18 20231 Attest: City Clerk Approved: ) - Mayor Mit Over 100 Years of Excellence- THE WALDINGER CORPORATION People, Process, Productivity PROPOSAL Customer: Omaha (NE), City Of (276507) Date: 3/23/2023 City Hall (003) Quote#: 335262.1 1819 Farnam Street Omaha, NE 68183-1000 Customer PO: Work Order: Project: Parks Department Turn on 2nd Plumber We propose to furnish the materials and/or perform the work described below: This proposal is for a 2nd plumber to supplement the plumber working on PO#1285847 The scope for PO# 1285847 is below... Seasonal facilities Water Turn On To include: > 160 hours dedicated to turning on water at 73 locations listed in pre bid email. > Plumber to be escorted by Parks person familiar with locations, valves, and procedures to complete water activation. > Any repairs at activation to be approved by Parks person will be done on a time and material basis within standard of industry. > Plumber to be on site and dedicated to one month schedule with flexibility controlled by Parks person. > Plumber to be equipped with normal tools, but have access to city owned street keys or special tools for valve activation. We have included the following: • All labor during regular business hours • Testing of backflow devices at time of approved repair. We have not included: • All work not specifically stated in this proposal • Asbestos abatement or hazardous waste disposal • Parts or labor from original call • Next day or Express shipping is not included • Annual backflow test. All for the sum of: nineteen thousand two hundred eighty-nine dollars and sixty cents $19,289.60 This proposal is subject to the terms and conditions as shown on the attached page. This quote is good for 30 (thirty)day(s). Purchaser's Acceptance: Respectfully Submitted: City Hall The Waldinger Corporation 3/23/2023 Signature Date Signature Date Quote#335262 I Revision#1 8802 South 121st Street*La Vista,NE 68128-5529*Phone 402.339.2666*www.waldinger.com Page 1 of 3 Printed Name Patrick Johnston Printed Name Quote#335262 I Revision#1 8802 South 121st Street•La Vista,NE 68128-5529*Phone 402.339.2666•www.waldinger.com Page 2 of 3 TERMS AND CONDITIONS 1.SCOPE OF WORK This Proposal,upon notice to proceed by the Purchaser,shall constitute the entire Agreement between The Waldinger Corporation and the Purchaser and supersedes any prior representations or understandings.No change or modification of any of the terms and conditions stated herein shall be binding upon The Waldinger Corporation unless accepted by The Waldinger Corporation in writing. Unless it is specifically noted otherwise,The Waldinger Corporation's obligation under this Agreement expressly excludes any work or service associated with clean up,control,removal or disposal of environmental hazards or dangerous substances including but not limited to asbestos or PCB's discovered in or on the premises. Unless it is specifically noted otherwise,this Proposal is based upon the use of straight time labor only. 2.INVOICING AND PAYMENTS The Waldinger Corporation may invoice Purchaser monthly for all materials delivered to the jobsite or to an off-site storage facility and for all work performed on-site and off-site.Purchaser agrees to pay The Waldinger Corporation the amount invoiced upon receipt of invoice. Invoices not paid within 30 days of the invoice date will be considered delinquent and subject to a service charge and interest computed at the maximum allowable legal interest rate. The Purchaser agrees that he will pay and reimburse The Waldinger Corporation for any and all reasonable attorney's fees or other costs which are incurred by The Waldinger Corporation in the collection of the amounts due and payable hereunder. 3.WARRANTY The Waldinger Corporation warrants and agrees to replace any of its workmanship which is disclosed within a period of 30 Day(s) after the performance thereof to be defective.The Waldinger Corporation warrants materials and parts purchased by The Waldinger Corporation from others only to the extent the same are warranted by the suppliers thereof. 4.TAXES The price stated in this proposal includes any applicable taxes unless specifically noted otherwise.Purchasers shall pay any and all taxes as required by federal,state or local law. 5.COMPLIANCE WITH LAWS The Waldinger Corporation shall comply with all applicable federal,state or local laws and regulations and shall obtain all temporary licenses and permits required for the prosecution of the work.Licenses and permits of a permanent nature shall be procured and paid for by the Purchaser. 6.LIABILITY The Waldinger Corporation shall indemnify the Purchaser from liabilities,losses or damages which may arise in connection with the execution of the work herein specified,and which are caused solely by the negligent act or omission of The Waldinger Corporation. Notwithstanding the foregoing,in no event shall The Waldinger Corporation be liable for any special,indirect or consequential damages which may arise in any manner in connection with the execution of the work,nor shall The Waldinger Corporation's liability under this indemnification exceed the greater of$25,000.00 or the price of the work stated in this Proposal. The Waldinger Corporation shall not be liable for any delay in the performance of the work resulting from or attributable to acts or circumstances beyond The Waldinger Corporation's control,including,but not limited to,acts of nature,fire,riots,labor disputes, conditions of the premises,acts or omissions of the Purchaser,owner,or other contractors or delays caused by suppliers or subcontractors of The Waldinger Corporation. Quote#335262 I Revision#1 8802 South 121st Street*La Vista,NE 68128-5529*Phone 402.339.2666*www.waldinger.corn Page 3 of 3