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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\\ .`