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RES 2012-0687 - Bid from S&W Fence Company for repair of electric gate at entrance #9 at Lake Cunningham � NFg , :r Parks,Recreation& ,4 `ur , C - � Public Property Department I I: ! Omaha/Douglas Civic Center 4 - h 12 I 1819 Farnam Street,Suite 701 Omaha,Nebraska 68183-0701 0,t 4�ro CITY L R K (402)444-5900 41'LD FEBRUP O 4 A H A. N E A o lc, FAX(402)444-4921 City of Omaha Jim Suttle,Mayor May 22, 2012 Honorable President and Members of the City Council, Transmitted herewith is a RESOLUTION authorizing the Purchasing Agent to issue a Purchase Order to S&W Fence Company, to furnish labor, materials, and all incidentals necessary to repair the electric powered gate at entrance No.9 to Lake Cunningham, 8305 Rainwood Road, in the amount of$22,866.00, for the Parks, Recreation and Public Property Department. In March, 2012, the installation of the new electric powered gate at Lake Cunningham, entrance No. 9 was completed by S&W Fence Company. A few days after the installation of the new gate, a car crashed through the gate completely destroying it. In order to maintain the original warranty on the newly installed fencing and gate, S&W Fence Company is being awarded the contract to repair the gate. The City of Omaha has received payment in full from the driver's insurance company for the total amount of the repairs. The contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Rights & Relations Director will review the contractor to ensure compliance. The Parks, Recreation and Public Property Department requests your consideration and approval of this Resolution. The Finance Department is authorized to pay for cost to repair the electric powered gate in the total amount of $22,866.00 from the General Fund No. 11111 and Organization No. 115025, Ground Maintenance Contract. Respectfully submitted, prove • B„rix-5) vAIL Brook Bench, Acting Director Date Human Ri s &Relations D e Parks, Recreation and Public Property Department ahy Mall. Respectfully, BAHR VERMEER & H CKER ARCHITECTS, LTD. . Gary Bowen, FAIA Principal BAHR VERMEER HAECKER ARCHITECTS 1425 JONES STREET OMAHA NE 68102 402 345 3060 440 N 8TH STREET STE 100 LINCOLN NE 68508 402 475 4551 bvh.com . exempt organization 10. Partnership or Multimember LLC The Partnership 11. A broker or registered nominee The Broker or nominee s list first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 'You must show your individual name,but you may also enter your business or"DBA"name.You may use either SSN or EIN(if you have one), 'List first and circle the name of the legal trust,estate,or pension trust. (Do not furnish the TIN of The personal representative or trustee unless the legal entity itself is not designated in the account title). What is backup withholding?Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30%of such payments(29%after December 31,2033;28%after December 2005).This is called"backup withholding."Payments that may be subject to backup withholding include interest, dividends,broker and barter exchange transactions, rents, royalties,non-employee pay,and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester,or 2. You do not certify your TIN when required (see the Part II Instructions on page 4 for details),or You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN,make the proper certifications,and report all your taxable interest and dividends on your tax return. . 3. The IRS tells the requester that you furnished an Incorrect TiN,or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only),or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above(for reportable interest and dividend accounts opened after 1983 only). Penalties Failure to furnish TIN. If you fall to furnish your correct TIN to a requester,you are subject to a penalty of$50.00 for each such Failure unless your failure is due to reasonable cause and not to willful neglect. Misuse of TINS.if the requester discloses or uses TINS in violation of Federal law,the requester may be subject to civil and criminal penalties. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or imprisonment. Misuse of TINS.If the requester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you ore exempt from backup withholding,you should still complete this form to avoid possible backup withholding. Professional Service Agreement-Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 11 of 11 untry means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 Page -2- Honorable President and Members of the City Council Approved as to Funding: Referred to City Council for Consideration: Pam Spaccarotella, Director Date Ma s ice/Title p ate Finance Department p:1637tmb w m a, = G CD i% rn N p .. O .... _ a O co CD o o w •o. CD 1 " y r: 0 0 o o CD O 0. 11 vv 0 \ \ G Reimbursable Expenses are billed at our invoice cost x 1.10. 31 Dee. These rates are in effect through 90 Junc 2012. Cog May 6. it. BAHR VERMEER HAECKER ARCHITECTS 1425 JONES STREET OMAHA NE 68102 402 345 3060 440 N 8TH STREET STE 100 LINCOLN NE 68508 402 475 4551 bvh.com Mayor -4,2 Mayor • S& WOFENCE company Commercial•Residential•Ornamental Iron*Vinyl•Wood 15803 Pacific St.•Omaha,NE 68118 Phone(402)333-5722•Fax(402)333-2054 DATE: 3/22/2012 PHONE:444-5900 COMPANY:City of Omaha FAX: 1819 Farnam Street Omaha,NE 68183 CELL: ATT: John Williams Damaged fence&gate JOB: Cunningham Lake Gate#9--Security Gate&fence replacement Remove damaged fence,gate&haul away Disconnect&remove damaged electrical wiring Labor $ 3,520.00 Install new sliding gate, post&rollers New gate operator,key pad,key switch&photo eye loop detectors&loop wires Saw cut 2 each new loops&caulk 2 each 6"Ballard post 20'of 48"chain link fence Replace damaged conduit Install new wiring to gate operator Complete electrical&hookup per plans&specs. From previously installed Clean-up MATERIAL $ 13,680.00 TAX 7% $ 957.60 LABOR $ 5,666.00 TOTAL $22,866.00 PAYMENTS:Balance due NET 30 Days of completion TERMS: Entire balance of payment due on completion of job unless prior arrangement is made in writing above.Balances unpaid after 15 days 1 from date of statement will incur a service charge of 1 A%per month(18%per annum).All material is guaranteed to be as specified in the original bid unless otherwise modified by the customer and S&W Fence,Inc.All modifications shall be in writing and shall be affixed to the original bid. All work to be completed in a workmanlike manner according to standard practices.Customer hereby assumes full responsibility for damage to unmarked underground utility,telephone,T.V.cable or sprinkler systems. This agreement and any subsequent modification shall be contingent upon strikes,accidents,or delays beyond the control of S&W Fence,Inc. Owner to carry fire,tornado and other necessary insurance.Our workers are fully covered by workman's compensation insurance. Acceptance of Proposal-The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.Payment will be made as outlined above Authorized Signature: Date:_ Mike Welniak Customer Signature: Date: To authorize work,please sign and fax to S&W Fence. E 68508 402 475 4551 bvh.com . exempt organization 10. Partnership or Multimember LLC The Partnership 11. A broker or registered nominee The Broker or nominee s list first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 'You must show your individual name,but you may also enter your business or"DBA"name.You may use either SSN or EIN(if you have one), 'List first and circle the name of the legal trust,estate,or pension trust. (Do not furnish the TIN of The personal representative or trustee unless the legal entity itself is not designated in the account title). What is backup withholding?Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30%of such payments(29%after December 31,2033;28%after December 2005).This is called"backup withholding."Payments that may be subject to backup withholding include interest, dividends,broker and barter exchange transactions, rents, royalties,non-employee pay,and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester,or 2. You do not certify your TIN when required (see the Part II Instructions on page 4 for details),or You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN,make the proper certifications,and report all your taxable interest and dividends on your tax return. . 3. The IRS tells the requester that you furnished an Incorrect TiN,or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only),or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above(for reportable interest and dividend accounts opened after 1983 only). Penalties Failure to furnish TIN. If you fall to furnish your correct TIN to a requester,you are subject to a penalty of$50.00 for each such Failure unless your failure is due to reasonable cause and not to willful neglect. Misuse of TINS.if the requester discloses or uses TINS in violation of Federal law,the requester may be subject to civil and criminal penalties. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or imprisonment. Misuse of TINS.If the requester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you ore exempt from backup withholding,you should still complete this form to avoid possible backup withholding. Professional Service Agreement-Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 11 of 11 untry means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, in March, 2012, a new electric powered gate was installed-at entrance No. 9 to Lake Cunningham, 8305 Rainwood Road, by S&W Fence Company, for the Parks, Recreation and Public Property Department; and, WHEREAS, the new gate was completely destroyed a few days after installation when a car crashed through the gate; and, in order to maintain the original warranty on the newly installed fencing and gate, S&W Fence Company was awarded the contract to furnish labor, materials, and all incidentals necessary to complete the repair of the electric gate in the total amount of$22,866.00; and, WHEREAS, the City of Omaha has received payment for the full amount of the repairs from the driver's insurance company; and, WHEREAS, S&W Fence Company 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 this bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the bid from S&W Fence Company, to furnish labor, materials, and all incidentals necessary to complete the repair of the electric gate at entrance No. 9 to Lake Cunningham, 8305 Rainwood Road, in the total amount of$22,866.00, is hereby accepted, and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the General Fund No. 11111 and Organization No. 115025,Ground Maintenance Contract. APPROVED AS TO • c5-141-/oZ ASSIS ANT CITY ATTORNEY DATE p:1638tmb By 77144 . . C n ilmember Adopted MAY...2..2..20.12 6 _0-1 P 4 5s (re rOum izlent4 / /j� ..C12Wd-4....Zde0ea C.t Clerk Approved.... , .®P /2 . 9/a Mayor s compensation insurance. Acceptance of Proposal-The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.Payment will be made as outlined above Authorized Signature: Date:_ Mike Welniak Customer Signature: Date: To authorize work,please sign and fax to S&W Fence. E 68508 402 475 4551 bvh.com . exempt organization 10. Partnership or Multimember LLC The Partnership 11. A broker or registered nominee The Broker or nominee s list first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 'You must show your individual name,but you may also enter your business or"DBA"name.You may use either SSN or EIN(if you have one), 'List first and circle the name of the legal trust,estate,or pension trust. (Do not furnish the TIN of The personal representative or trustee unless the legal entity itself is not designated in the account title). What is backup withholding?Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30%of such payments(29%after December 31,2033;28%after December 2005).This is called"backup withholding."Payments that may be subject to backup withholding include interest, dividends,broker and barter exchange transactions, rents, royalties,non-employee pay,and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester,or 2. You do not certify your TIN when required (see the Part II Instructions on page 4 for details),or You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN,make the proper certifications,and report all your taxable interest and dividends on your tax return. . 3. The IRS tells the requester that you furnished an Incorrect TiN,or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only),or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above(for reportable interest and dividend accounts opened after 1983 only). Penalties Failure to furnish TIN. If you fall to furnish your correct TIN to a requester,you are subject to a penalty of$50.00 for each such Failure unless your failure is due to reasonable cause and not to willful neglect. Misuse of TINS.if the requester discloses or uses TINS in violation of Federal law,the requester may be subject to civil and criminal penalties. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or imprisonment. Misuse of TINS.If the requester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you ore exempt from backup withholding,you should still complete this form to avoid possible backup withholding. Professional Service Agreement-Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 11 of 11 untry means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 '! n — '.r7 N O 0 pzi W I "� O. fllUiit ~ b O co ,., a � i .may o• c 5- ,_. 5. O N = coo li ' } EI �o o go N go Cn �? cr.d\ 9 `" iiP 0 91 5 w E• pO D co pi. p x 5' 4c.) I a. g i r 6 2 ,i6) ff' ,EPDvDo go go _ vD PDD P M.' °, C„D , 2 1n t) C r. 1 1 .*.\\., \ J L' iu 9.,;`,, ITECTS 1425 JONES STREET OMAHA NE 68102 402 345 3060 440 N 8TH STREET STE 100 LINCOLN NE 68508 402 475 4551 bvh.com Mayor -4,2 Mayor