RES 1996-0830 - Contract with McKinnis Roofing & Cheet Metal for reroofing of Montclair Community Center March 26,1996 ?e,V0
t
Q , o g t r �_ .
U� �� °'s� Honorable President ,
241c `ti rn7 tt t-3 7
-C i and Members of the City Council, - n96 Fag LB , F i,1 3: 5 S
oAo �
��TFD FEBR�r Transmitted herewith is a Bid Tabulation and a Resolution oitio7i.Zigg;approval
of a Contract with McKinnis Roofing & Sheet IVlet4 ifor, reroofingcof the
City of Omaha Montclair Community Center. r
Hal Daub,Mayor
Administrative Services
Department The following bids were received on October 18, 1995.
1819 Farnam Street,Suite 703
Omaha,Nebraska 68183-0703 Contractor Total Bid
(402)444-4228 ,
FAX(402)444-3251 McKINNIS ROOFING &
Joseph A.Mangiamelli SHEET METAL $89,389.00 (LOWBIDDERS)
Director -R. L. Craft Roofing $102,000.00
Aksarben Roofing $107,992.00
Olson Brothers Roofing $115,380.00
As indicated in the bid tabulation sheet, R. L. Craft Roofing submitted an
alternative proposal in the total amount of$83,143.00 for utilization of an EPDM
system which is not recommended due to the better serviceability and longer
lasting improvement by utilization of the single ply heat welded system specified
in the bid specifications.
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 authorized to pay the cost of reroofing of the
Montclair Community Center from the Park Bond Organization 1295,Fund 318,
in the amount of $25,000.00, and from the Municipal Infrastructure
Redevelopment Fund 113, Organization 1013, in the amount of$64,389.00
The Administrative Services Department recommends the acceptance of the bid
received from McKinnis Roofing & Sheet Metal in the amount of$89,389.00,
being the lowest and best bid received, and requests your consideration and
approval of this Resolution.
Res ec fully miffed, , Referred to the City Council for
r Consid tion:
• oseph A. M a elli $/t
Director Mayor's Office/Ti le
Approved as to Funding: A oved:
irt. ,,,,t-
Lo is A. D' co( eorge av
cting Fin ce Director Actin uman Relations Director
DRUG USE T �, 1
S P:\ASD\2124.MAF "'
ABUSE
a
�smt r
% APR —3 PM 3 i0
.�r,A0 M r�- � i t. @ 1 E- �"X LA..S`6'\Eel -
ski
, n'
::r
F .
•
•
•
•
1.
•
{ I
i
• 1 0 o 0 0 o n X -
g ; p m D
a o co
0O C
N = m a 2 Z m •-4 1
/) Wp O 0 n -1 Z O C ^
v N 3- 0 Z -1 ♦ I
(n v, m-co n • n
n 0
r c o v D Z D m
o n, C c, o m p '?' --I g CO N 0
3 w ( o m m m o = -I,
cD o co = 0
D CO CJ 0 0 0 3
m 3 �. -a 1 o D • . ?
c ma
. -I N A)
� ' o m 0 '•,`' 3 X/ O.
-0 n o n' Z ? 2
8 j 5 .a c
cCD cD 7
C = m
7
-3
N . h
C)
Kl o 'o
.34it. .
o Z •
g m -=� 1
O }a 3 _
NI — Z .*2/....c.:4)4_,,frtz_r_
'+ 1 _V
� '� w -nC
w - z
q 06---(1—kt-,. •' .
,1 o
o m
20C
- z
m
v C
- z
() =
. m
7070 C
z
lilli/
• •
<e)
CONTRACT
THIS CONTRACT,made and entered into this i`day of A.D., 19 f',
by and between the City of Omaha, a Municipal Corporation in Douglas County,Nebraska, party
of the first part and hereinafter called "OWNER", and McKinnis Roofing & Sheet Metal with
principal place of business at: 672 Front, Blair,NE 68008, hereinafter called "CONTRACTOR":
WHEREAS, said Contractor did, under date of October .18,1995, submit a proposal to
construct as outlined in the proposal Re-Roofing at Montclair Community Center for the City of
Omaha, for the sum of$89,389.00 -Eighty Nine Thousand Three Hundred Eighty Nine and No/100
Dollars,to be constructed by the Contractor in accordance with drawings and specifications for same
prepared for Owner, which drawings and specifications have been filed with the City of Omaha.
WHEREAS,the aforesaid proposal of Contractor was accepted by Resolution No. 136 ,
adopted 3 f /y( , by the City Council of the City of Omaha:
NOW, THEREFORE, in consideration of the following mutual agreements and covenants,
it is understood and agreed by and between the parties hereto that:
a. The above referred to plans, specifications and addenda, are expressly made a part
hereof the same as though fully set forth herein.
b. The Resolution of Owner ordering or authorizing the construction of the aforesaid
Re-Roofing at Montclair Community Center,the notice inviting contractors to bid
as published, the instruction to bidders,the proposal of Contractor, the bid bond of
Contractor, the performance, payment and maintenance bond of Contractor, the
general conditions and all proceedings by the governing body of the Owner relating
to said Re-Roofing at Montclair Community Center, are a part of this Contract by
reference thereto the same as though each had been fully set out and attached hereto.
c. Said construction shall be on the property owned by the City of Omaha, commonly
known as, or referred to as Montclair Community Center, 2304 South 135 Avenue,
Omaha,Nebraska, in Douglas County,Nebraska.
d. The Contractor agrees to furnish all tools, labor,mechanics for labor, equipment and
materials to construct in a good substantial and workmanlike manner, Contractor's
part of said Re-Roofing at Montclair Community Center in accordance with the
aforesaid plans, specifications and addenda, and agrees to do so for the sum of
$89,389.00.
e. Owner agrees to pay Contractor said amount of$89,389.00 in accordance with the
provisions of the aforesaid specifications, addenda and proposal of the Contractor
accepted by Owner.
1
f. All provisions of aforesaid plans, specifications and addenda shall be strictly
complied with and conformed to by Contractor, the same as if re-written herein, and
no substitution or change in said plans, specifications and addenda shall be made
except upon written consent or written direction(the form of either of which shall be
a written "Change Order") of Owner and Owner's Architect, City of Omaha, and any
such substitution or change shall in no manner be construed to release either party
from any specified or implied obligation of the aforesaid plans, specifications and
addenda except as specifically provided for in the Change Order.
g. This Contract is entered into subject to the following conditions:
g-1. Contractor does hereby state, warrant and covenant that it has not retained or
employed any company, or person, other than bona fide employees working for said
Contractor,to solicit or secure this Contract,and that it has not paid or agreed To pay
any company or person, other than bona fide employees working solely for the
Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this
Contract. For breach of violation of this statement, warrant, and covenant, the City
of Omaha shall have the right annul this contract without liability.
g-2. Contractor shall comply with all Municipal Ordinances and State and Federal Laws
relating to, or applicable to, this work.
g-3. Contractor shall furnish Performance,Payment and Maintenance Bond in an amount
at least equal to one hundred percent of the Contract price, and shall maintain during
the life of the Contract, Fire, Workmen's Compensation, Public Liability and
Property Damage insurance, all as required in the aforesaid specifications and
addenda.
g-4. Owner, its employees and representatives, and its Architect shall have access to the
work wherever it is in preparation or progress, and the Contractor shall provide
proper facilities for such access and inspection by them.
g-5. The Contractor shall indemnify and save harmless the City of Omaha, its officers,
employees, and agents from all claims, suits or actions of every kind and character
made upon or brought against the said City of Omaha, its officers, employees and
agents, for or on account of any injuries or damages received or sustained by any
Party or parties by or from the acts of the said Contractor or its servants, agents and
subcontractors in doing the work therein contracted for, or by or in consequence of
any negligence in guarding the same or any improper material used in its
construction, or by or on account of any act or omission of said Contractor or its
servants, agents, and subcontractors; and also from all claims of damage or
infringement of any patent in fulfilling this Contract.
-2 -
• g-6. Contractor shall pay to the Unemployment Compensation Fund of the State of
Nebraska unemployment contributions and interest due under the laws of the State
of Nebraska on wages paid to individuals employed in the performance of this
Contract, and shall submit to the City of Omaha a written clearance from the
Commissioner of Labor of the State of Nebraska certifying that all payments due of
contributions or interest which may have arisen under this Contract have been paid
by the Contractor, or his subcontractor, to the State of Nebraska Unemployment
Compensation Fund. Payment of the final 3% of the total amount of this Contract
shall be withheld until this provision has been complied with.
g-7. The Contractor shall not discriminate against any employee applicant for
employment because of race,religion, color, sex or national origin. The Contractor
shall take affirmative action to insure that applicants are employed and that
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 advertising or by other
means) compensation; 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 officers
setting forth the provisions of this nondiscrimination clause.
g-8. The Contractor shall not discriminate on the basis of disability as defined by the
Americans with Disabilities Act of 1990 and the Omaha Municipal Code(13-82)and
shall take all actions necessary to comply with the Americans with Disability Act of
1990 and the Omaha Municipal Code (Chapter 13) including, but not limited to
reasonable accommodation.
g-9. 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.
g-10. 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
commitments under the Equal Employment Opportunity Clause of the City of
Omaha and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
g-11. 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, of the Omaha Municipal Code
- 3 -
0
1980, and shall permit reasonable access to his records. Records accessible to the
Contract Compliance Officer shall be those which are related to paragraphs g-7
through g-13 and only after reasonable notice is given the Contractor. The purpose
for this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
g-12. 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 g-7 through g-13
herein, including penalties and sanctions for noncompliance,provided,however,that
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 to effectuate the provisions of the
Ordinance and in the case of contracts receiving Federal assistance, the Contractor
or the City may request the United States to enter into such litigation to protect the
interest of the United States.
g-13. 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.
g-14 The Contractor shall include the provisions of paragraphs g-7 through g-13 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.
g-15. Contractor shall pay all just claims due for the payment of all employees and
mechanics for labor that shall be performed, for the payment of all material and
equipment furnished, and for the payment of material and equipment rental which is
actually used for rented in the performance of the Contract.
g-16. Contractor agrees to commence work on the date specified in the notice from the
Contract Administration Division of the Department of Administrative Services, and
to complete all the work within a period of 60 calendar days.
g-17. The Contractor shall guarantee his work for material and workmanship for a period
of one (1)year(s) after the date of completion of his Contract, and should any defect
be discovered in any of the work included in this Contract within the period of one
(1)year(s)from the completion of this Contract,the repair of such defect and the cost
of such repairs shall be borne by the Contractor under his Contract.
-4 -
L
•
•
g-18. Contractor shall maintain fair labor standards in accordance with any valid laws of
the State of Nebraska in the execution of this Contract.
h. Upon receipt of written notice by Owner and its Architect that the Construction is
ready for final inspection and acceptance, the Architect shall promptly make such
inspection and, when he find the construction acceptable under the Contract and the
Contract fully performed, he shall promptly issue a final certificate, over his own
signature, stating that the construction provided for in this Contract has been
completed and is accepted by him under the terms and conditions thereof, and that
the entire balance found to be due the Contractor, and noted in said final certificate,
is due and payable. Before issuance of final certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material bills, and other
indebtedness connected with the work have been paid. If, after the work as been
substantially completed, full completion thereof is_materially delayed through no
fault of the Contractor, and the Architect so certifies, the Owner shall, upon
certificate of the Architect and without terminating the Contract, make payment of
the balance due for that.,portion of the work fully completed and accepted. Such
payment shall be made'Under the terms and conditions governing final payment,
. -except that�,it'shall riot`;constitute a waiver of claims.
The Contractor shall procure a policy,or policies, of insurance which shall guarantee
payment of compensation according to the Worker's Compensation laws of Nebraska
for all workers injured in the scope of employment, and further agrees to keep said
policy, or policies in full force and effect throughout the term of this Contract. In
addition, all other forms of insurance referred to in the specifications shall be
procured by the Contractor and kept in force and effect by it throughout the term of
this Contract, and certificate or certificates of insurance shall be filed by Contractor
with the City of Omaha.
j. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected
official or any officer or employee of the City shall have a financial interest, direct
or indirect, in any City Contract. Any violation of this section shall render the
Contract voidable by the Mayor or City Council.
k. Any subsequent agreement between the parties hereto or any matter whatsoever shall
be in writing and executed by an authorized officer.
1. The parties hereto acknowledge that, as of the date of the execution of this
agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any
amendment to contracts or purchases which taken alone increases the original bid
price as awarded (a) by ten percent, if the original bid price is one hundred fifty
thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars
($75,000) or more, shall be approved by the City Council in advance of the
acceptance of any purchase in excess of such limits or the authorization of any
- 5 -
additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council. The
originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the City
Council. The provisions of this Section will be quoted in all future City contracts.
Nothing in this Section is intended to alter the authority of the Mayor under Section
5.16 of the City charter to approve immediate purchases.
IN WITNESS WHEREOF, we the contracting parties, by our respective duly authori ed
agents,hereto affix our signatures and seals at Omaha,Nebraska,this g'71-- day of /2CA4 e ._,
19 !,, and this 3,-c( day of 4 , 19It, respectively.
CITY OF OMAHA, A Municipal Corporation in Douglas County,Nebraska, Party of the
First Part and also designated as Owner.
ATTEST: CITY OF •MAHA, a Municipal Corporation
11/
CI ‘ C THE CITY OF OMAHA • Y•R O THE CITY OF OMAHA E'
McKINNIS ROOFING & SHEET METAL
_:(Seal of the City) BY
AUTHORIZED REPRESENTATIVE
3/8/9t
DATE
APPROVED AS TO FORM:
cQaw4
ASS ANT CITY ATTORNEY
P:\ASD\3820.SKZ
- 6 -
4])
1-25A .
d
f . CITY OF OMAHA
r'4, /
•
LEGISLATIVE CHAMBER 'A
March 26 r= 1996 . /--
Omaha, Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: y'`` Kam .
F. ,
16
WHEREAS, bids were received on October 18, 1995,for reroofing of the Montclair
Community Center; and, %�
WHEREAS,McKinnis Roofing&Sheet Metal submitted a bid of$89,389.00,being I
the lowest and best bid received for the reroofing of the Montclair Community Center. 1
Li
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT,the bid of$89,389.00 from McKinnis Roofing and Sheet Metal for reroofing
of the Montclair Community Center, being the lowest and best bid received be accepted and
execution of the contract is authorized.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the cost of reroofing of the
Montclair Community Center from the Park Bond Organization 1295,Fund 318,in the amount of
$25,000.00, and from the Municipal Infrastructure Redevelopment Fund 113,Organization 1013, in
the amount of$64,389.00.
APPROVED AS TO FORM:
a at/A4 ._
ASS 4 TANT CITY ATTORNEY
P:\ASD\2125.MAF
By.. �
Re
Councilmember
Adopted.....MAR... .1996 "^�
ity Cl k
Approved —j
ayor 0
OHflU !
�lik... E.
„,
,e,
!
z ,.
tj\H ,-- 1.,.., § ,-,.. ,-„, ,_,_
W <D ONO GM CD
p
el
-' , a, ,-r, r* a'
� .1-, 0 w p (.�
0 '9C)
E'°, ,.._, n. id CD 0
O, W �' CD . `fie ° p
t ' 'c . 1
. 1\,, .
F t\\
.`