RES 2016-1471 - Bid from Oldcastle Materials Midwest Co for roadway improvements at Hefflinger Park Parks, Recreation &
,os,NH",^'Fey Public Property Department
s� Omaha/Douglas Civic Center
Mllrdik �Cr ea 1819 harnam Street,Suite 701
tF.4104�'� N 2 i6OCT f ;: Omaha,Nebraska 68183 0701
c® ir F �1 ' ._ (402)444-5900
o t ;ram``'
�ry FAX(402)444-4921
?ED FEBR'4
City of Omaha
Jean Stothert,Mayor
Honorable President
and Members of the City Council,
Transmitted herewith is a BID TABULATION and a RESOLUTION authorizing the Purchasing
Agent to issue a Purchase Order to Oldcastle Materials Midwest Co., to make roadway
improvements at Hefflinger Park, 114th and West Maple Road, in total amount of $241,548.00
including alternate #1, for the Parks, Recreation, and Public Property Department.
Old Castle Material Midwest Co., submitted the lowest bid for the project.
The following bids were received on August 10, 2016:
CONTRACTOR BID
OLDCASTLE MATERIALS MIDWEST CO. S241,548.00 (BEST BID)
Oldcastle Materials, Midwest Co., Inc., 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.
Finance Department is authorized to pay the Funds in the total amount of$241,548.00 (includes
Alternate #1, in the amount of $79,799.00) to Oldcastle Materials Midwest Co. $136.404.00,
from the City Street Maintenance Fund No. 12129 and Organization No. 115032, Park Roads,
and $105,144.00, from the 2017 Parks and Recreation Fund No. 13355 and Organization No.
117317 for the 2016 fiscal year.
The Parks, Recreation, and Public Property Department recommends the acceptance of the bid
from Oldcastle Materials Midwest Co., being the best bid received, and requests your
consideration and approval of this Resolution.
Page -2-
Honorable President
and Members of the City Council
Res ectfully s itted,
N.7
idL )616
Brook Bench, Director Vat' i
Parks,Recreation, and
Public Property Department
Approved as to Funding: Approved:
lit) ✓ ,ram_, / Date
' ate Spen r K. Danner, r.StepCurtiss
Finance Director Human Rights and Relat'ons Director
Referred to City Council for
Consideration:
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Mayor's Office/Title Date
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Bid Form(Rev.01-2016) SECTION 00210 RWF
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: Hefflinger Park Roadway Improvements Published:20 July 2018
RETURN BIDS TO:
CITY CLERK,LC-1 NOT AN ORDER Page 1 of 4 Pages
OMAHA-DOUGLAS CIVIC CENTER
1819 Farnam Street
Omaha,Nebraska 68183-0011 BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE
TOTAL AMOUNT FOR THE ITEMS OFFERED IS$20,000 OR MORE. BID BOND
OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO
"CITY d C OF D OOMAHA".
Bite:
11:00 A.M. 10 August 2016
•
IMPORTANT 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. suggestions
date and time 6• �submitting bid on items listed,bidder may on a separate sheet make material
1. CENTER,Bid 1 in the officemofe the m Acting NEY CLERK, 11 by,bbid pA opening date
CIVIC merits In n items
s ed this may on through redesign, ang
indicated,In ed env Street Omaha, ON:lief ling r P Roadway
or utilization reduction of nnaco items or veerqua Oils Is aossi
evidencesealed faithenvelope a markbed BID Hat1c check
musarkt
be submitted
edwith Improvements..B
nge.
2.AsBond r certified
ofe checke a bid maded or certified the°�of Om ha". FAILURE TO DO PLEASE DO NOT CALL FOR THIS INFORMATION.
or cUSEe ORRE shall be made pay
Sig IS is reserved
FOR Rc accept or rejectN or all bids in their entirety and the bidders shall
3.Right reserved to or any
have the right to appeal any decision to the City Council. Right Is also reserved to accept
or reject any part of your bid unless otherwise indicated by you.
4.If Federal Excise Tax applies,show amount of same and deduct. Exemption certificates
wtl be furnished.Do not include tax in bid.Quote your lowest price,best delivery and terms,F.O.B.delivery point on the terms(s)listed below:
the requirements for
idding and instructions to bidders and
c)the
This is to certify that the undersigned has read and examined(a)the advertisements, Park Roadway Imp Improvements and that the bidder has(made
specifications and drawings prepared by R.W.Engineering&Surveying,Inc.for Hefflinger
all the examinations and investigations required by said documents.
BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO
None ,THROUGH None
the Contract thatistheht the
nic to
It is understood (a)that as to the contract which may be number of consecutive calendar days hereinafter agreed on;and(b)beginningterm it with the notice o
he
Park
and ending with the contract
of the work,the n Omaha as
Park Planning Division that a contract shall be awarded to the bidder
regarded uy of material of
b havingal Park Planning Division bestsubmitted the lowest and ttoidme t the
regard for his fitness and capacity to furnish in sufficient quad sales tax exempt.
requirements of the Park Planning Division;material purchased for this project will be State of Nebraska and City
On the foregoing,understand that the bidder hereby offers and proposes tor hall labor,
all m Berls ParkandHeff all else hatsoev kaer "cessai acco dance to truth the
ruct and
properly finish all the work in connection with Hefflinger Park Road Improvements,
provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks,Recreation and Public Property Department for the lump
sum of: ti�Oa�� 21YC--MAN `
Q....G A`f^rt �')!7'y-el''4 7.4o/S4WD -54 ' A/
BASE BD: / I �l- O
NG e
Note: Refer to page 2 it 4 for Bid Bond,Comple
tion Date
and page 4 of 4 for Re possible Con Performance Bond,page 3 of 4 for Otractor Compliance Form(RC-1eneral C ntractor Work ). Refer env auesti9L-R
ard
Testing Allowance,Unit Prices&Alternates(if pp ) .444- 00 or as • t e ontract Docu .
e i Contract Docume Pa k planni
All bidders awarded a contract in the amountrtho ll be or more must campy
with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shad be in effect for 24 months from the date received bythe Human Relations Department Any questions regarding the Contract
Ordinance or PBElDEB Listings should be directed to ututcasue Mailations eerlaL5�W t�Co. Delaware
Incur t �)
(Please Print Legibly or Type) Firm DBA Omni En eerie
Name ICle Timmer Signature _
Title Vice President/G.M. phone 402-895-6666 Fax 402-895-3697
Address 14012 Giles Road Omaha NE
68138
State Street'P.O.Box City
E-Mail Address kinloch om 'dwest.com
Bid Form(Rev.01-2016) SECTION 00210 RWF
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA PROJECT NAME
NOT AN ORDER Page 2 of 4 Pages
states that the above total cost to the City of Omaha includes all material,taxes,
and insuraoverhnce
expenes;transportation
I equipment charges,
use
The bidderhereby and tests of materials, bo
hed in
of all necessary tools and equipment, supervision, inspection
accordance with the requirements of the contract documents considered severally and collectively.
It is understood that the contract documents shall consist of the advertisement,the requirements for bidding and instruction to bidders,this proposal,
the contract documents titled" H Min er Park Road m rov ments
and the duly executed agreement or contract proper;that, said documents are complementary and that which is
required,shown or specified by any one of these,shall be as binding as if required by all.
eb resents that the price contained in this proposal Is neither directly nor indirectly the result of any agreement or any secret
The bidder her y rep
understanding with anyone with respect to any provisions contained in this proposal.
BID BOND:
In accordance with the requirements for bidding and instructions to bidders,there is deposited herewith a bid bond or a certified check payable to the
City of Omaha,in the sum of
In the amount of five(5%)percent of the bid j$ 5 o ),
h
Is at least five percent(5%)of the aggregate amount of the proposal.
It a
b
on this
,or a part thereof and fails or
to execute a written
ed
is agreed that,t in the event performance the de b awarded t n t te`the award o sad clontract,the sum deposited he ewithshall be ned bylthe
he
Citycontracto or maha furn h a amaga bond as
ten days aft
however,will be returned to the bidder;
City of Omaha as liquidatedyof damages cas and any
such ailuretyor refusal on tee part of the bidder.'d sum is a fair The said sum,howeverer,
of the damages
if and
by theshall i Omaha in casen y in perform all of the conditions fosrlhng said bond shall be advertisement and
by'rements the State or bidding and instructions
of of Nebraska,and listed on
to bidders,
when and shall keep and
to bidders, furnish an acceptable surety bond. The surety company
the current edition of Circular 570 of the United States Dept of the Treasury.
NOTICE:
Unless the foregoing proposal is free from alterations,additions and ct nfor ndlunless the name of the bidder as signed thereto is complete and
correct,in accordance with the instructions to bidders,it may be rejected
aCOMPLETION DATE:
The contract completion date for this project shall be 21.Oct_ ob 16•All work associated with the project shall be completed on or before this
date.If Alternate A-1 is accepted the date shall be 11-Novemer-2016.
PERFORMANCE BOND:
Refer to Specification Section 00200, "Instructions to Bidders", Part 2.10, "Bond Submission" and Section 00400, "Performance, Payment
Maintenance Bond"requirements.
SIGN ALL COPIES Firm
0 eat Co.DBA Omni Engineering
By
Title le Timmer V.P./G.M.
RWF
•
SECTION 00210
Bid Form(Rev.014016)
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA PROJECT NAME
NOT AN ORDER Page 3 of 4 Pages
GENERAL CONTRACTOR WORK REQUIREMENT:
eral C ntractor h IIperform a minimum of thirtyercent 30% of the work without subco ctin . Purcha in of materials shall not uali as
Gen
self-oerfo i the Work.
INSURANCE REQUIREMENTS:
Refer to Specification Section 00500, 'General Conditions of the Contract for Construction", Part 2.15, "Contractor's Insurance" for insurance
requirements.
UNIT_ICES:
C.Y. = Cubic Yard S.F. -
Square Foot S.Y. = Square Yard A.C. = Acres
V.F. = Vertical Foot L.F. = Linear Foot EA. = Each Sta. = Stations
a request of the Owner,the
The undersigned further proposes and agrees that if the amount of the work trequired
costeincreased a or decreased,
ach Used,it by shall includeestofalle Owner,the
following supplemental Unit Prices will be the basic price in place for computing the extra
tools,labor,permits,fee,etc.incidental to the completion of the will dinvi�ooly a asn percent t construction% ng detail(s)
is a reductionactof work.
and all
materials listed in the noted Specification Section. Unit prices
UNIT PRICE DESCRIPTION_
• 7� tSY
�-
1. Cold Planing-Asphalt /i/m4'1/ -4' �"��� YR �RDSY
,Q tLF
2. Asphaltic Concrete Road Pavement/l, ,f/D "'
3. Painted Pavement Markings $ JS'oa.oo�1AC
4. Install Seeding O �i�D�,VA-Of �•fff1`�'p a's-/`/WAtroty* e)
ALTERNATES:
,�lacr�•Tr�../V•iNG �'/�ousS+�MD .S.GG'.G=^l
•
Altgmate A1: Additional work as shown on c n act document
A NN'O s. "v0.0 err• I# !9-N' Nb imo 1::)o /SQ
�
Firm 'dwest Co.DBA Omni Entering
SIGN ALL COPIES By
Titre 1 Timmer V.P./G.M.
Bid Form(Rev.01-2016) SECTION 00210 RWF
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA PROJECT NAME
NOT AN ORDER •
Page 4 of 4 Pages
Responsible Contractor Compliance Form RC-1
/WU y�r
4
:f
1. Regulations:
A.Article IV,Division I of Chapter 10 of the Omaha Municipal Code thereon require:
1.That all contractors who submit a bid to City of Omaha shall designate a representative who on behalf of the Contractor,
shall fill out completely a Responsible Contractor Compliance Form(RC-1). An incomplete or unsigned RC-1 form will
make your bid null and void.
2. Filin this Re ort lease initial in the boxeL belowl:
to or hire an employee not lawfully authorized to perform
+Contractor agrees that Contractor will not knowingly employ
employment in the United States and that the Contractor and all sub-contractors shall use E-Verify to determine work
eligibility.
+Contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.Rev.
Stat.Section 48-2901 et seq.).
+Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.Stat.
Section 73-104 et seq.).
+Contractor has not been convicted of any tax violations(local,State and Federal)within the last three years from the date
this bid is submitted.
lth
-l-Contractor has not,upon final determination
by the Safety and Hccupational afety ealth Act(OSHA)or been conicted of 3(three)separate
stration,been convicted of a
criminal,repeat,or willful violation of the uP
"serious"OSHA violations within the past three(3)years.
+Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the
provisions of e Responsible Contractor Compliance Form RC-1.
'�--- August 10,2016
�•ture Kyle Timmer,V.P./G.M. Date
By signing,I verify on behalf of the Contractor that the information above
and sub-Contractors can cte subject tolse im information
disqualificationapnalty of
up to a$500 fine or six months in jail. In addition,the c
prohibited from any future City of Omaha contract for a period of 10 years,
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SECTION 00300
AGREEMENT
�/
This AGREEMENT, made and entered into in quadruplicate,as of this 5day of A /' A.D.,
2016 by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party of the first part
and hereinafter called "OWNER", and Oldcastle Materials Midwest,Co. DBA Omni Engineering,with principal place
of business at: 14012 Giles Road,Omaha, NE 68138,hereinafter called"CONTRACTOR":
WHEREAS,said Contractor did,under date of August 10,2016,submit a proposal to construct as outlined in the
proposal "Hefflinger Park Roadway Improvements"for the City of Omaha, for a base bid in the sum of$161,749.00.
Add Alternate Al in the sum of $79,799.00, for a total bid in the sum of Two Hundred Forty One Thousand Five
Hundred Forty Eight Dollars and No Cents ($241,548.00), 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.
WHEREA ,V aforesaid proposal of Contractor was accepted by Resolution No. /97/
adopted al e,t a o/G ,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 "Hefflinger Park
Roadway Improvements", 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 "Hefflinger Park Roadway Improvements" 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 Hefflinger Park,114th&W.Maple Road,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 "Hefflinger Park Roadway
Improvements" in accordance with the aforesaid plans,specifications and addenda, and agrees to do so
for the sum of$241,548.00.
e. Owner agrees to pay Contractor said amount of $241,548.00 in accordance with the provisions of the
aforesaid specifications,addenda and proposal of the Contractor accepted by Owner.
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 Tim Carmicheal, Park
Planner ! Park Planning Division - City of Omaha Parks, Recreation and Public Property
Department; 1819 Farnam Street, Suite 701, Omaha, NE 68183.0701. Office: 402.444.4915; Direct:
Hefflinger Park Roadway Improvements
Agreement
00300-1
402-672-5093; Fax: 402.444.4921; email: tim.carmicheal@cityofomaha.org, 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. 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 to 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 (100%) 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 the Owner's Representative 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 herein 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.
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 ("Certification of Contribution Status" - form
"NEBRUI Form 16") 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 ten percent(10%) 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 or applicant for employment because of race,
religion, color, sex, age, sexual orientation, gender identity, disability or national origin as defined by the
Americans with Disabilities Act of 1990 and Omaha Municipal Code Sec 13-82. The Contractor shall take
Hefflinger Park Roadway Improvements
Agreement
00300-2
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity,
disability or national origin. The Contractor shall take all actions necessary to comply with the Americans
with Disabilities Act of 1990 and Omaha Municipal Code, (Chapter 13) including, but not limited to,
reasonable accommodation. As used herein,the word"treated"shall mean and include,without limitation,
the following: Recruited, whether 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 officers setting forth the provisions of
this nondiscrimination clause.
g-8. 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, age, sexual orientation, gender identity,disability or national origin as recognized
under 42 USCS 12101 et seq.
g-9. The Contractor shall send to each labor union or representative of workers with which they have 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 and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
g-10. 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 records. Records accessible to the Contract Compliance Officer shall be
those which are related to Paragraphs(7)through (13)of this subsection 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-11. 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(7)through(13)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 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
litigation to protect the interest of the United States.
g-12. The Contractor shall file and shall cause their 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 their subcontractors.
g-13. The Contractor shall include the provisions of Paragraphs (7) through (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(refer to Specification Section 00205
for more detail).
Hefflinger Park Roadway Improvements
Agreement
00300-3
g-14. 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 or rented in the performance of the Contract.
g-15. Contractor agrees to commence work on the date specified in the notice from the Park Planning Division
of the Omaha Department of Parks, Recreation and Public Property, and to substantially complete all the
work on or before November 11,2016,since Alternate Al was accepted.
g-16. The Contractor shall guarantee their work for material and workmanship for a period of two(2)years after
the date of"substantial completion" of his Contract, and should any defect be discovered in any of the
work included in this Contract within the period of two (2) years from the "substantial completion" of this
Contract, the repair of such defect and the cost of such repairs shall be borne by the Contractor under
their Contract.
a. Substantial Completion: Substantial Completion shall mean that in general, the Work,
excluding minor punch list items and appropriate paperwork to closeout the project is
one hundred percent(100%)complete and ready for use by the Owner.
g-17. 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 finds 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 has 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
made nder the terms e balance dueand that
cond t ons governing f al fully
payment,completed
and
exxceptthat it shall
Suchhpapayment shall b
not constitute a waiver of claims.
i. The Contractor shall procure a policy, or policies, of insurance which shall guarantee payment of
compensation according to the Workmen's Compensation laws of Nebraska for all workmen 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.
Hefflinger Park Roadway Improvements
Agreement
00300-4
I. 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 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 futuref City ontc�arterNo ahing in pprove hmmed immediate Section
purchasesd to alter the authority
of the Mayor under Section 5.16 o City
IN WITNESS WHEREOF,we the contracting parties, by our representative duly authorized agents, hereto
affix our signatures and seals at Omaha, Nebraska;
OLDCASTLE MATERIALS MIDWEST CO., CITY OF OMAHA
DBA OMNI ENGINEERING �1
Executed this,g 7 day of DGZ-O�/` , 20
Executed this 23 day of August ,20
16
TiletA— frt) t3LL
— II Jean Stothert, Mayor
(Authorized Signature)
J l ATTEST:
Kyle. Timmer
(Printed Name)
u r Brown, City Clerk
Title: Vice President/General Manager
SEAL OF THE CITY
Witness Signature Mike Tarver
Estimator
APPROVED AS TO FORM:
/Q/5/jc
Deput City Attorney ! r
Hefflinger Park Roadway Improvements
Agreement
00300-5
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, bids were received August 10, 2016, to make roadway improvements
at Hefflinger Park, 114th and West Maple Road, for the Parks, Recreation, and Public Prpperty
Department; and,
WHEREAS, Oldcastle Materials Midwest Co., submitted the best bid, within bid
specifications, attached hereto and made a part hereof, in the total amount of $241,548.00,
including alternate #1. The work includes, but is not limited to, furnishing all labor and materials
to make roadway improvements; and,
WHEREAS, Oldcastle Materials Midwest Co., has complied with the City's
Contract Compliance Ordinance No. 28885 in relation to Civil Rights - Human Relations; and,
WHEREAS,the Mayor has recommended the acceptance of this bid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the bid in the total amount of$241,548.00
from Oldcastle Materials Midwest Co., to furnish labor and materials to make roadway
improvements at Hefflinger Park, 114th and West Maple, being the best bid received within bid
specifications, attached hereto and made a part hereof, is hereby accepted. The work includes,
but is not limited to, furnishing all labor and materials to make roadway improvements. The
Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in the
amount of $136,404.00 shall be paid from the City Street Maintenance Fund No. 12129 and
Organization No. 115032, Parks Roads, and $105,144.00 shall be paid from the 2017 Parks and
Recreation Fund No. 13355 and Organization No. 117317, Parks and Cultures Bond for the 2016
fiscal year.
APPROVED AS T FO
/ 5 /4
EPU Y CITY ATTORNEY A E
p:2293kja
By 4Yti....+�''
lit?
Adopted T 2 16 6 -6)
/ �r
� City Clerk /� a - � /
Approved-4"►..-`•�1�? l/wv(
Mayor
Resolution by
Res. that, as recommended by the Mayor, the bid in the total amount of
$241,548.00 from Oldcastle Materials Midwest Co., to furnish labor
and materials to make roadway improvements at Hefflinger Park, i le
and West Maple, being the best bid received within bid specifications.
attached hereto and made a part hereof is hereby accepted. The work
includes, but is not limited to, furnishing all labor and materials to
make roadway improvements. The Purchasing Agent is authorized to
issue a purchase order in conformance herewith. Funds in the amount
of$136,404.00 shall be paid from the City Street Maintenance Fund
No. 12129 and Organization No. 115032, Parks Roads, and
$105,144.00 shall be paid from the 2017 Parks and Recreation Fund
No. 13355 and Organization No. 117317, Parks and Cultures Bond for
the 2016 fiscal year.
p:2293kja
Presented to City Council
OCT 2.5 .20.1.6...........
Adopted
guile,' Brown
City Clerk