RES 2009-0496 - Bid from Best Buy Signs for bus stop benches C-1))
°F°M��'"Fey . Parks, Recreation &
:�`���; i Public Property Department
l��iltJ'+;1 n Omaha/Douglas Civic Center
Zc+® ,;,Cl!' ��i. o 09 APR 28 AM II: C� 1819 Farnam Street,Suite 701
�AoR- pyti 1 € CLERK
Omaha,Nebraska 68183-0701
qp o� (402)444-5900
FD FEBR R , . , ,� 4 FAX(402)444-4921
OM . N EiRA KAm
City of Omaha ' May 19, 2009
Mike Fahey,Mayor 1/4'
Honorable President
and Members of the City Council,
The attached Resolution approves the contract and bid specifications and accepts the bid from
Best Buy Signs to furnish and install bus stop benches, with or without advertising and
authorizes the City Clerk to attest and the Mayor to sign said contract.
The following bids were received on March 11, 2009:
CONTRACTOR REVENUE TO THE CITY
BEST BUY SIGNS $130,000.00 PER YEAR PAID TO THE
CITY ANNUALLY (BEST BID)
Heartland Signs $ 76,100.00
Creative Outdoor Advertising
of America, Inc. $ 76,000.00
Jo Don's $ 60,000.00
.Best Buy signs have 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.
materials and equipment necessary to install an aquatic center pool, slides, bathhouse, pump
house, deck paving, parking, site work and all associated work to provide a complete aquatic
center facility in the vicinity of 3600 South 156th Street, and to be known as Lake Zorinsky
Aquatic Center, 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 2006 Parks and
Recreation Bond Fund No. 13354, Organization No. 117313, and Project No. 2514, Lake
Zorinsky Aquatic Center.
APPROVED AS TO FORM:
/1, 1 a/MA.- �30
D Ory CITY ATTORNEY
• 190dkj
Lh.Jd
By
Councilmember
Adopted MAY 1 9 2009 o_ 9
C177/44
i ` - ,-19 City Clerk
Approved.l '4.4 l �a1-gip
Mayor
$ qv . c)a ;1C.Y•
• 17. ' RAINGARDEN GERMINATED PLANTINGS-Drawing Sheet.L1.1 $' '• S.Q'> ' /S:F.•• J •
18. . ASPHALT PAVING REMOVAL ' S.• 7-0 0 . IS.Y.:. i.
19. ASPHALT PAVING-6'-Drawing Sheet C1.1 $ • 1 g-SO 'IS:Y.:•. ,r • '. .
ALTERNATES:
Alternate 1-Concrete Paving:Provide 6'concrete in parking lot In lieu of asphalt paving 5�, 1 S 0.00 $ 5 5, r)O-to
Alternate 2-Sun Shade Structures:Provide unit cost of each of(2)additional sun shade structures.and footings • $ X 00. 00
Alternate 3-DEDUCT: Replace Base Bid QuartzAggregate Pool Finish Product with Poiyamide Epoxy System(TNEMICSER,IES 16 )per
V
manufacturer's specifications for surface preparation,priming,base and finish coating at Maximum Coverage Rates. $ • cl.r o-0 0
SIGN ALL COPIES Firm D CONSTRU N OMPANY
By
•
. Title R. RAD .VON GIL ERN, PR SIDENT
.
�,
Tills R. BRAD VON GILLERN, PRESIDENT
anddhat the bidder hereby offers and proposes to furnish all labor,altmaterials and al•l vise iwhatsoever necessatyio cohstiuctand pr'operll�bniell* 1`
thework•in cortnechon•with Lake:Zorlineky:AquaticCenter;.1560,..Street,3800,Block South,Omaha,Nebraska'in accordance with the provisions.of this proposal anr,
contract idocuments.tothesatisfacbonofiheCityof:OmahaParks;RecreaiomandPublicProperty.Depertmentforthelump•surnof i. '
::r,:r•
BASE BID: . �vlJo Mc 1��0►,N C,t.D1,,'t' �� .,,N( c a. . cu G 5Vckl -kh .4.. . ,. . cloit.o,_
0
Note: Refer 2of 3 forBld:Bond,Completion.Date.&Performance.Bend and page 3 of 3 for Insurance Requirements;.Unit Prices 3 Alternates(if
applicable),Refer any quesloneAgardfng fire Bill ar Contract Documenisdir@ctiyto ttte Park PJjnnin(t•t?jy(,elg1)at.402,4 4M3900 of a not,ed In flitContract
Documents, ... . .•.
Al bidders awarded a contract in the amggrtt of:35,000 or more must canpty with the Contract Compliance Ordinance aril have on tie with the Human RiWpons•Department the.Contract
Compliance Report(Form CC-1).This repel shai be In effeet for 24 months,from the date received by the Human Relations'Department Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relatbns Department at402-444-5055,
(Please Print Legibly or Type) Firm LUEDER CONSTRUCTION COMPANY 1 .....,-r,• , DELAW: . •
Name R. BRAD VON GILLERN Signature ' ' '4
Title PRESIDENT Phone 339-1000 Fax 592-4769 •
-
9999 J Street Omaha NE' •68127 .
. • Address
Street/P.O.Box City State • Zip •
E-Mall Address BradV@lueder.com S r,.
itehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ace, excluding common areas,
such as hallways,stairwells,and restrooms.
(c)Depreciation or use allowances on buildings,capital improvements and equipment related space
(e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the
• ♦-J L-
http://www.whitehouse.gov/omb/circulars/a 122/a 122_2004.html 7/19/2006
10/al 1 0.html 6/23/2006
ed
hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby,
Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance
of all other acts required hereunder,or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by
law, Trustor waives all present or future statutes of limitations with respect'to any debt, demand or obligation secured hereby in any
action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
on or used in
e collection of any such taxes, so as to affect this Deed of Trust, the holder of this Deed of Trust and of the obligations
which it secures shall have the right to declare all sums secured hereby due as of a date to be specified by not less than 30 days'
written notice to be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by
Honorable President
and Members of the City Council
Page -2-
The Parks, Recreation and Public Property Department recommends approval of the contract and
bid specifications and acceptance of the bid from Best Buy Signs and requests your consideration
and approval of this Resolution.
Respectfully submitted,
Approved:
q
of y'
Joe udenra , Chief of Staff Date
°'6
/\
Mayor Fahey's Office 'c.€Y1-y`� �`J/7/0 q
Human Ri and Relations Date
Parks, Recreation and
Public Property Department
Approved as to Funding:
Carol A. Ebdon Date
Finance Director
p:1179dkj
,.c P a r w 2 $ z 0 0
�-. a ¢. (D O P. cD ocD '' .. .4 0 NaP
-
r a '`
a
d.
09\30066d1m
Bid Form(Rev.12-2008)
DOUGLAS COUNTY •
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA BUS STOP BENCHES
FROM: P. M. Burke Published: 25 February 2009
Asst. Douglas County Purchasing Agent
902 Omaha-Douglas Civic Center NOT AN ORDER Page 1 of 3 Pages
1819 Famam Street
' Omaha, Nebraska 68183-0902
BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE
TO: TOTAL AMOUNT FOR THE ITEMS OFFERED IS$20,000 OR MORE. BID BOND
OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA".
Bid Closing Date:
11:00 A.M. 11 March 2009
IMPORTANT
1. Bid must be in the office of the Acting CITY CLERK, LC-1, OMAHA-DOUGLAS CIVIC 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES.
CENTER, 1819 Famam Street, Omaha, NE 68183-0011 by closing date and time 6.When submitting bid on items listed,bidder may on a separate sheet,make suggestions
indicated,in sealed envelope marked BID ON:Bus Stop Benches. covering reduction in costs wherever this is possible through redesign,change of material
2.As evidence of good faith a bid bond or certified check in the amount of 5%of the bid must or utilization of standard items or quantity change.
be submitted with bid.Bid Bond or certified check shall be made payable to the"City of 7. If you do not desire to bid, retum sheets with reasons for declining. Failure to do so will
Omaha". FAILURE TO DO SO IS CAUSE FOR REJECTION indicate your desire to be removed from our mailing list. If you desire a copy of tabulation
3. Right is reserved to accept or reject any or all bids in their entirety and the bidders shall check[ 1.
have the right to appeal any decision to the City Council. Right is also reserved to accept PLEASE DO NOT CALL FOR THIS INFORMATION.
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
will be fumished.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:
This is to certify that the undersigned has read and examined (a) the advertisements, (b)the requirements for bidding and instructions to bidders and (c)
the specifications and (d) the attached contract to provide, install, place, maintain and remove bus stop benches with or without advertising throughout
Omaha, Nebraska as prepared by the Park Administration Division,Omaha Parks,Recreation and Public Property Department, Omaha, Nebraska and that
the bidder has made all the examinations and investigations required by said documents.
BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO -a ,THROUGH -C%'•
It is understood that the contract documents shall consist of the advertisement,the requirements fro bidding and instructions to bidders, this proposal, the
specifications and the duly executed contract and the attachments thereto,including but not limited to Art. III,3-61/3-71 of the Omaha Municipal Code.
On the foregoing, understand that the bidder hereby offers and proposes to provide, install, place, maintain and remove bus stop benches with or without
advertising, in accordance with the provisions of this proposal and all attached documents including, but not limited to,the attached contract and Art. III,3-
61/3-71 of the Omaha Municipal Code and proposes to pay the City of Omaha the lump sum of:
BASE BID: a �'t�, ,,�i o � �,��� , 7 .,fez
($ /ZO G 7)- o0 1 ANNUALLY.
Note: Refer to page 2 of 3 for Bid Bond and Minimum Bid Amount and page 3 of 3 for Minimum Number of Benches,Performance Bond and Insurance
Requirements. Refer any questions regarding the Bid or Contract Documents directly to the Park Administration Division at 402-444-5900 or as noted in the
Contract Documents.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055.
(Please Print Legibly or Type) Firm No a C,.awin 1 N c Ate gnsl- (�,, 5r7,�s Inca O
`Slat
Name . G.. ;cam,,,> Signature
Title ((a...JD^ Phone (24q-6,c 1 2 ax /- a T
Address `f(D s-4.rc.r- e (��. (�r,+•t _ /U,5 CPS/J(
Street/P.O.Box City State Zip
E-Mail Address HOC S t r e7 4 S (e c/- o 0J. S
yov
-444-5055,
(Please Print Legibly or Type) Firm LUEDER CONSTRUCTION COMPANY 1 .....,-r,• , DELAW: . •
Name R. BRAD VON GILLERN Signature ' ' '4
Title PRESIDENT Phone 339-1000 Fax 592-4769 •
-
9999 J Street Omaha NE' •68127 .
. • Address
Street/P.O.Box City State • Zip •
E-Mall Address BradV@lueder.com S r,.
itehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ace, excluding common areas,
such as hallways,stairwells,and restrooms.
(c)Depreciation or use allowances on buildings,capital improvements and equipment related space
(e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the
• ♦-J L-
http://www.whitehouse.gov/omb/circulars/a 122/a 122_2004.html 7/19/2006
10/al 1 0.html 6/23/2006
ed
hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby,
Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance
of all other acts required hereunder,or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by
law, Trustor waives all present or future statutes of limitations with respect'to any debt, demand or obligation secured hereby in any
action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
on or used in
e collection of any such taxes, so as to affect this Deed of Trust, the holder of this Deed of Trust and of the obligations
which it secures shall have the right to declare all sums secured hereby due as of a date to be specified by not less than 30 days'
written notice to be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by
Bid Form(Rev. 12-2008)
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA BUS STOP BENCHES
NOT AN ORDER
Page 2 of 3 Pages
The bidder hereby states that the above total cost to the City of Omaha includes all material, taxes,insurance royalties;transportation charges,use
of all necessary tools and equipment, supervision, inspection and tests of materials, bond and overhead expense, all equipment fumished in
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"Bus Stop Benches",dated 25 February 2009 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.
The bidder hereby represents that the price contained in this proposal is neither directly nor indirectly the result of any agreement or any secret
understanding with anyone with respect to any provisions contained in this proposal.
Bid will be awarded to the Bidder who meets all of the requirements of the Contract Documents and Specifications and who submits the highest
bid. Refer to Specification Section 01000, "Specifications to Furnish And Install Bus Stop Benches With or Without Advertising", Part 3.05,
"PAYMENTS"and Part 3.24,"TERM"for additional information.
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/3 f:
p f ..�01/4" • ($ p.37 ),
which is at least five percent(5%)of the aggregate amount of the proposal.
It is agreed that, in the event the bidder is awarded a contract based on this proposal, or a part thereof and fails or refuses to execute a written
contract or fails to furnish a performance bond within ten days after the award of said contract,the sum deposited herewith shall be retained by the
City of Omaha as liquidated damages and not as a penalty, as it is expressly agreed that said sum is a fair measure of the damages which will be
sustained by the City of Omaha in case of any such failure or refusal on the part of the bidder. The said sum, however, will be returned to the
bidder, if and when he shall faithfully keep and perform all of the conditions set fourth in the advertisement and the requirements for bidding and
instructions to bidders, and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,
and listed on 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 deductions and unless the name of the bidder as signed thereto is complete
and correct, in accordance with the instructions to bidders,it may be rejected as informal.
MINIMUM BID:
In order to insure no loss of projected revenues, the minimum acceptable bid for bus stop benches with or without advertising shall be Sixty
thousand dollars and zero cents ($60,000.00) annually. Any proposal which fails to meet the required minimum bid shall be deemed a
nonconforming bid and shall automatically be rejected. '
SIGN ALL COPIES Firm (<Q,c _ t S
By —..
Title ��Q�`
o0 1 ANNUALLY.
Note: Refer to page 2 of 3 for Bid Bond and Minimum Bid Amount and page 3 of 3 for Minimum Number of Benches,Performance Bond and Insurance
Requirements. Refer any questions regarding the Bid or Contract Documents directly to the Park Administration Division at 402-444-5900 or as noted in the
Contract Documents.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055.
(Please Print Legibly or Type) Firm No a C,.awin 1 N c Ate gnsl- (�,, 5r7,�s Inca O
`Slat
Name . G.. ;cam,,,> Signature
Title ((a...JD^ Phone (24q-6,c 1 2 ax /- a T
Address `f(D s-4.rc.r- e (��. (�r,+•t _ /U,5 CPS/J(
Street/P.O.Box City State Zip
E-Mail Address HOC S t r e7 4 S (e c/- o 0J. S
yov
-444-5055,
(Please Print Legibly or Type) Firm LUEDER CONSTRUCTION COMPANY 1 .....,-r,• , DELAW: . •
Name R. BRAD VON GILLERN Signature ' ' '4
Title PRESIDENT Phone 339-1000 Fax 592-4769 •
-
9999 J Street Omaha NE' •68127 .
. • Address
Street/P.O.Box City State • Zip •
E-Mall Address BradV@lueder.com S r,.
itehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ace, excluding common areas,
such as hallways,stairwells,and restrooms.
(c)Depreciation or use allowances on buildings,capital improvements and equipment related space
(e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the
• ♦-J L-
http://www.whitehouse.gov/omb/circulars/a 122/a 122_2004.html 7/19/2006
10/al 1 0.html 6/23/2006
ed
hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby,
Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance
of all other acts required hereunder,or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by
law, Trustor waives all present or future statutes of limitations with respect'to any debt, demand or obligation secured hereby in any
action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
on or used in
e collection of any such taxes, so as to affect this Deed of Trust, the holder of this Deed of Trust and of the obligations
which it secures shall have the right to declare all sums secured hereby due as of a date to be specified by not less than 30 days'
written notice to be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by
Bid Form(Rev.12-2008)
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA BUS STOP BENCHES
NOT AN ORDER
Page 3 of 3 Pages
MINIMUM NUMBER OF BENCHES:
The minimum number of bus stop benches with or without advertising to be provided, installed, placed, maintained and removed shall be four
hundred (400). Any proposal which fails to meet the required minimum number shall be deemed a nonconforming bid and shall automatically be
rejected.
PERFORMANCE BOND:
Refer to Specification Section 00200, "Instructions To Bidders", Part 2.10, "Bond Submission"and Specification Section 01000,"Specifications To
Furnish And Install Bus Stop Benches With or Without Advertising", Part 3.10,"Performance Bond"for requirements.
INSURANCE REQUIREMENTS:
Refer to Specification Section 01000, "Specifications To Furnish And Install Bus Stop Benches With or Without Advertising", Part 3.09,"Insurance"
for insurance requirements.
•
•
•
SIGN ALL COPIES Firm L , c,'GpoS
By �'
Titl -S
understanding with anyone with respect to any provisions contained in this proposal.
Bid will be awarded to the Bidder who meets all of the requirements of the Contract Documents and Specifications and who submits the highest
bid. Refer to Specification Section 01000, "Specifications to Furnish And Install Bus Stop Benches With or Without Advertising", Part 3.05,
"PAYMENTS"and Part 3.24,"TERM"for additional information.
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/3 f:
p f ..�01/4" • ($ p.37 ),
which is at least five percent(5%)of the aggregate amount of the proposal.
It is agreed that, in the event the bidder is awarded a contract based on this proposal, or a part thereof and fails or refuses to execute a written
contract or fails to furnish a performance bond within ten days after the award of said contract,the sum deposited herewith shall be retained by the
City of Omaha as liquidated damages and not as a penalty, as it is expressly agreed that said sum is a fair measure of the damages which will be
sustained by the City of Omaha in case of any such failure or refusal on the part of the bidder. The said sum, however, will be returned to the
bidder, if and when he shall faithfully keep and perform all of the conditions set fourth in the advertisement and the requirements for bidding and
instructions to bidders, and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,
and listed on 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 deductions and unless the name of the bidder as signed thereto is complete
and correct, in accordance with the instructions to bidders,it may be rejected as informal.
MINIMUM BID:
In order to insure no loss of projected revenues, the minimum acceptable bid for bus stop benches with or without advertising shall be Sixty
thousand dollars and zero cents ($60,000.00) annually. Any proposal which fails to meet the required minimum bid shall be deemed a
nonconforming bid and shall automatically be rejected. '
SIGN ALL COPIES Firm (<Q,c _ t S
By —..
Title ��Q�`
o0 1 ANNUALLY.
Note: Refer to page 2 of 3 for Bid Bond and Minimum Bid Amount and page 3 of 3 for Minimum Number of Benches,Performance Bond and Insurance
Requirements. Refer any questions regarding the Bid or Contract Documents directly to the Park Administration Division at 402-444-5900 or as noted in the
Contract Documents.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055.
(Please Print Legibly or Type) Firm No a C,.awin 1 N c Ate gnsl- (�,, 5r7,�s Inca O
`Slat
Name . G.. ;cam,,,> Signature
Title ((a...JD^ Phone (24q-6,c 1 2 ax /- a T
Address `f(D s-4.rc.r- e (��. (�r,+•t _ /U,5 CPS/J(
Street/P.O.Box City State Zip
E-Mail Address HOC S t r e7 4 S (e c/- o 0J. S
yov
-444-5055,
(Please Print Legibly or Type) Firm LUEDER CONSTRUCTION COMPANY 1 .....,-r,• , DELAW: . •
Name R. BRAD VON GILLERN Signature ' ' '4
Title PRESIDENT Phone 339-1000 Fax 592-4769 •
-
9999 J Street Omaha NE' •68127 .
. • Address
Street/P.O.Box City State • Zip •
E-Mall Address BradV@lueder.com S r,.
itehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ace, excluding common areas,
such as hallways,stairwells,and restrooms.
(c)Depreciation or use allowances on buildings,capital improvements and equipment related space
(e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the
• ♦-J L-
http://www.whitehouse.gov/omb/circulars/a 122/a 122_2004.html 7/19/2006
10/al 1 0.html 6/23/2006
ed
hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby,
Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance
of all other acts required hereunder,or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by
law, Trustor waives all present or future statutes of limitations with respect'to any debt, demand or obligation secured hereby in any
action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
on or used in
e collection of any such taxes, so as to affect this Deed of Trust, the holder of this Deed of Trust and of the obligations
which it secures shall have the right to declare all sums secured hereby due as of a date to be specified by not less than 30 days'
written notice to be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by
CONTRACT
This CONTRACT is entered into by and between the City of Omaha, a Municipal Corporation in Douglas County,
Nebraska,also referred to as"City", and Best Buy Signs, also referred to as"Contractor".
1. OMAHA MUNICIPAL CODE SECTIONS 3-61 THROUGH 3-71 INCORPORATED:
A. This Contract is hereby entered into in accordance with and as authorized by Omaha Municipal Code
Sections 3-61 through 3-71. The terms, provisions and conditions of said ordinance are incorporated
herein by this reference as if fully set forth in writing. Contractor agrees to fulfill all terms of said
ordinance in strict compliance thereof.
2. APPROVAL OF LOCATIONS:
A. The Contractor shall, within fourteen (14)calendar days of the date upon which the City Council awards
the contract, submit one copy of the list of the proposed locations for the placement of bus benches to
MAT for verification that each proposed location is, in fact, a place where buses stop on a regularly
scheduled basis. The list, as signed and verified by MAT, shall be filed with the Director of Parks,
Recreation and Public Property. The Contractor shall, within fourteen (14) calendar days of the date
upon the City Council awards the contract, also submit one copy of the list of the proposed locations for
the placement of bus benches to the Director of Parks, Recreation and Public Property for submission
to the Department of Public Works,Traffic Division,for review, as appropriate.
B. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSED LOCATIONS. FOR
EACH LOCATION REJECTED, THE CITY SHALL SPECIFY THE REASONS THEREFOR IN
WRITING.
C. The City reserves the right to have up to remove up to twenty five(25) benches and install and maintain
its own benches without advertising at those locations during the term of the contract. Contractor would
be responsible for removing their benches from the requested sites within thirty(30)days after
receiving written notice from the Director of Parks, Recreation & Public Property Department. In such
case the payment due the City from the Contract as per Section 3.06 and/or minimum number of
benches with or without advertising to be maintained by the Contract as per Section 2.01 would be
adjusted.
3. INSTALLATION OF BENCHES—TIME:
A. Contractor shall commence work installing bus benches in strict compliance with the terms, provisions,
conditions and specifications of the contract within thirty (30) calendar days from the date the City
Council accepts its bid and awards the contract. Contractor shall complete such installation within
ninety (90) calendar days from the date the City Council accepts its bid and awards the contract.
Contractor shall use its best efforts to coordinate the placement and installation of its bus benches with
the removal of the existing benches, if necessary,with JoDons Designs. It is understood that the intent
of this provision is to minimize any inconvenience to the bus-traveling public.
Contract
Page 1 of 6
enches with or without advertising shall be Sixty
thousand dollars and zero cents ($60,000.00) annually. Any proposal which fails to meet the required minimum bid shall be deemed a
nonconforming bid and shall automatically be rejected. '
SIGN ALL COPIES Firm (<Q,c _ t S
By —..
Title ��Q�`
o0 1 ANNUALLY.
Note: Refer to page 2 of 3 for Bid Bond and Minimum Bid Amount and page 3 of 3 for Minimum Number of Benches,Performance Bond and Insurance
Requirements. Refer any questions regarding the Bid or Contract Documents directly to the Park Administration Division at 402-444-5900 or as noted in the
Contract Documents.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055.
(Please Print Legibly or Type) Firm No a C,.awin 1 N c Ate gnsl- (�,, 5r7,�s Inca O
`Slat
Name . G.. ;cam,,,> Signature
Title ((a...JD^ Phone (24q-6,c 1 2 ax /- a T
Address `f(D s-4.rc.r- e (��. (�r,+•t _ /U,5 CPS/J(
Street/P.O.Box City State Zip
E-Mail Address HOC S t r e7 4 S (e c/- o 0J. S
yov
-444-5055,
(Please Print Legibly or Type) Firm LUEDER CONSTRUCTION COMPANY 1 .....,-r,• , DELAW: . •
Name R. BRAD VON GILLERN Signature ' ' '4
Title PRESIDENT Phone 339-1000 Fax 592-4769 •
-
9999 J Street Omaha NE' •68127 .
. • Address
Street/P.O.Box City State • Zip •
E-Mall Address BradV@lueder.com S r,.
itehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ace, excluding common areas,
such as hallways,stairwells,and restrooms.
(c)Depreciation or use allowances on buildings,capital improvements and equipment related space
(e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the
• ♦-J L-
http://www.whitehouse.gov/omb/circulars/a 122/a 122_2004.html 7/19/2006
10/al 1 0.html 6/23/2006
ed
hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby,
Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance
of all other acts required hereunder,or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by
law, Trustor waives all present or future statutes of limitations with respect'to any debt, demand or obligation secured hereby in any
action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
on or used in
e collection of any such taxes, so as to affect this Deed of Trust, the holder of this Deed of Trust and of the obligations
which it secures shall have the right to declare all sums secured hereby due as of a date to be specified by not less than 30 days'
written notice to be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by
4. PROHIBITED AREA:
A. Not withstanding any provisions of this Contract or Omaha Municipal Code Sections 3-61 through 3-71
to the contrary, no bench may be placed on 16th Street from Dodge to Jackson Streets.
5. PAYMENTS:
A. For and in consideration of the award of this Contract, the Contractor agrees to pay the sum of one
hundred thirty thousand dollars and no cents($130,000.00) per year to the City as follows:
B. Within ten (10) calendar days from the date of the acceptance of the bid, Contractor shall pay to the
City Cashier the required fee. Thereafter, the Contractor shall pay, in advance,the required annual fee
in quarterly installments. Payments shall be made to the City Cashier on or before January 10, April
10, July 10, and October 10 of each year.
6. REPAIR, REMOVAL OR LOCATION ADJUSTMENT:
A. Whenever the Contractor receives notification from the bus-traveling public, the City, or any other
person or entity as to the existence of a bench in need of repair or adjustment of its location to comply
with Sec. 3-65,the Contractor shall, within the same working day, examine said bench to determine the
nature and extent of the repair or adjustment necessary. In the event that any such bench presents a
threat to the health or safety of anyone using same,the Contractor shall post adequate warnings on the
bench until same can be repaired or removed. Repair must be performed in accordance with the
"Specification to Furnish And Install Bus Stop Benches with or without Advertising"attached hereto and
incorporated by this reference as if fully set forth herein. Any bench that cannot be repaired or its
location adjusted within three(3)working days shall be removed by the Contractor.
7. FAILURE TO REPAIR, REMOVE OR ADJUST LOCATION:
A. If any bench is not repaired, removed or location adjusted by the Contractor within three (3) working
days, the Contractor shall be deemed to have violated the terms of this Contract and of applicable
sections of Omaha Municipal Code Sections 3-61 through 3-71, and will be subject to the penalties set
forth in Section 3-70, Omaha Municipal Code.
8. INDEMNIFICATION:
A. Contractor shall indemnify and hold harmless the City from any and all claims, rights or causes of action
of whatsoever kind or nature, including, but not limited to, personal injury and/or property damage, that
may arise by virtue of its performance under this Contract, including, but not limited to, its acting or
failure to act in designing, constructing, locating, placing and/or maintaining a bus bench within the
City's street right of way or other public property.
9. INSURANCE:
A. Contractor shall obtain Public Liability Insurance in an amount not less than $1,000,000 for injuries,
including accidental death, to any one person, and subject to the same limit for each person, in an
amount not less than $5,000,000 on account of one accident, and property damage insurance in an
amount not less than$300,000 for damages to property of any one claimant,with limits of not less than
$500,000 for any one accident, for any and all injuries or damage to person or property arising, either
directly or indirectly, from the construction, placement and/or maintenance of bus benches throughout
the city under this Contract. In any such policy the City shall be expressly included as an additional
Contract
Page 2 of 6
e ��Q�`
o0 1 ANNUALLY.
Note: Refer to page 2 of 3 for Bid Bond and Minimum Bid Amount and page 3 of 3 for Minimum Number of Benches,Performance Bond and Insurance
Requirements. Refer any questions regarding the Bid or Contract Documents directly to the Park Administration Division at 402-444-5900 or as noted in the
Contract Documents.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055.
(Please Print Legibly or Type) Firm No a C,.awin 1 N c Ate gnsl- (�,, 5r7,�s Inca O
`Slat
Name . G.. ;cam,,,> Signature
Title ((a...JD^ Phone (24q-6,c 1 2 ax /- a T
Address `f(D s-4.rc.r- e (��. (�r,+•t _ /U,5 CPS/J(
Street/P.O.Box City State Zip
E-Mail Address HOC S t r e7 4 S (e c/- o 0J. S
yov
-444-5055,
(Please Print Legibly or Type) Firm LUEDER CONSTRUCTION COMPANY 1 .....,-r,• , DELAW: . •
Name R. BRAD VON GILLERN Signature ' ' '4
Title PRESIDENT Phone 339-1000 Fax 592-4769 •
-
9999 J Street Omaha NE' •68127 .
. • Address
Street/P.O.Box City State • Zip •
E-Mall Address BradV@lueder.com S r,.
itehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ace, excluding common areas,
such as hallways,stairwells,and restrooms.
(c)Depreciation or use allowances on buildings,capital improvements and equipment related space
(e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the
• ♦-J L-
http://www.whitehouse.gov/omb/circulars/a 122/a 122_2004.html 7/19/2006
10/al 1 0.html 6/23/2006
ed
hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby,
Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance
of all other acts required hereunder,or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by
law, Trustor waives all present or future statutes of limitations with respect'to any debt, demand or obligation secured hereby in any
action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
on or used in
e collection of any such taxes, so as to affect this Deed of Trust, the holder of this Deed of Trust and of the obligations
which it secures shall have the right to declare all sums secured hereby due as of a date to be specified by not less than 30 days'
written notice to be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by
named insured. Evidence of such insurance shall be filed with the Director of the Parks, Recreation
and Public Property Department before any benches shall be installed.
10. PERFORMANCE BOND:
A. Prior to the installation of any bus benches hereunder, the Contractor shall file with the Director of the
Parks, Recreation and Public Property Department,a performance bond or letter of credit in the amount
of the annual contract payment to insure the strict and timely compliance with the terms, provisions and
conditions of this Contract.
11. CHANGE OF LOCATIONS:
A. Notwithstanding the provisions of Section 3-65(h) of the Omaha Municipal Code to the contrary,
whenever a location ceases to be a location (posted bus stop) at which a bus regularly stops, the
Contractor shall remove the bench within ten (10) working days after receiving notice of the route
change from MAT. Any bench so removed may be relocated, upon approval of the Director of Parks,
Recreation and Public Property, to any location, provided such placement meets the terms, provisions
and conditions of the Ordinance and this Agreement.
B. Contractor may add new locations which meet the terms, provisions, and conditions of the Ordinance
and this Agreement, upon approval of the Director of Parks, Recreation and Public Property. A request
for the addition of new locations shall be made in writing.
C. In the event that the Contractor should permanently remove a bench, notification of same should be
sent to the Director of Parks, Recreation and Public Property. No rebate of quarterly fees will be made
as a result of any such removal. At no time shall the Contractor have fewer than four hundred (400)
benches, meeting all criteria of the Ordinance and this Agreement, "in place"to serve the bus-traveling
public.
12. ADDITIONAL BENCHES:
A. For each bus stop at which the Contractor places two benches in accordance with Section 3-65(f)of the
Omaha Municipal Code, the Contractor agrees to place, at its own expense, one additional bench at
any location within the zoning jurisdiction of the City as directed by the City. Any bench so placed shall
be considered to be a bench placed by the Contractor under the terms of this Contract, and as such, all
rights, duties and obligations assumed under this Contract, including, but not limited to, maintenance,
repair and insurance, shall apply to said benches.
3.13 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE:
A. Annexed hereto as Exhibit "A" and made a part thereof by reference are the equal employment
provisions of this Contract. Refusal by the Contractor to comply with any portion of this program as
therein stated and described will subject the offending party to any or all of the following penalties:
1. Withholding of all future payments under the involved contracts to the Contractor in violation until
it is determined that the Contractor is in compliance with the provisions of the Contract;
2. Refusal of all future bids for any contracts with the City or any of its departments or divisions until
such time as the Contractor demonstrates that it has established and shall carry out the policies
of the program as herein outlined.
Contract
Page 3 of 6
ement and/or maintenance of bus benches throughout
the city under this Contract. In any such policy the City shall be expressly included as an additional
Contract
Page 2 of 6
e ��Q�`
o0 1 ANNUALLY.
Note: Refer to page 2 of 3 for Bid Bond and Minimum Bid Amount and page 3 of 3 for Minimum Number of Benches,Performance Bond and Insurance
Requirements. Refer any questions regarding the Bid or Contract Documents directly to the Park Administration Division at 402-444-5900 or as noted in the
Contract Documents.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055.
(Please Print Legibly or Type) Firm No a C,.awin 1 N c Ate gnsl- (�,, 5r7,�s Inca O
`Slat
Name . G.. ;cam,,,> Signature
Title ((a...JD^ Phone (24q-6,c 1 2 ax /- a T
Address `f(D s-4.rc.r- e (��. (�r,+•t _ /U,5 CPS/J(
Street/P.O.Box City State Zip
E-Mail Address HOC S t r e7 4 S (e c/- o 0J. S
yov
-444-5055,
(Please Print Legibly or Type) Firm LUEDER CONSTRUCTION COMPANY 1 .....,-r,• , DELAW: . •
Name R. BRAD VON GILLERN Signature ' ' '4
Title PRESIDENT Phone 339-1000 Fax 592-4769 •
-
9999 J Street Omaha NE' •68127 .
. • Address
Street/P.O.Box City State • Zip •
E-Mall Address BradV@lueder.com S r,.
itehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ace, excluding common areas,
such as hallways,stairwells,and restrooms.
(c)Depreciation or use allowances on buildings,capital improvements and equipment related space
(e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the
• ♦-J L-
http://www.whitehouse.gov/omb/circulars/a 122/a 122_2004.html 7/19/2006
10/al 1 0.html 6/23/2006
ed
hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby,
Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance
of all other acts required hereunder,or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by
law, Trustor waives all present or future statutes of limitations with respect'to any debt, demand or obligation secured hereby in any
action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
on or used in
e collection of any such taxes, so as to affect this Deed of Trust, the holder of this Deed of Trust and of the obligations
which it secures shall have the right to declare all sums secured hereby due as of a date to be specified by not less than 30 days'
written notice to be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by
14. NON-DISCRIMINATION:
A. The Contractor shall not, in the performance of this Contract, discriminate or permit discrimination in
violation of federal or state laws or local ordinances because of race, disability, color, sex, age, political
or religious opinions,affiliations or national origin.
15. CAPTIONS:
A. Captions used in this Contract are for convenience and are not used in the construction of this Contract.
16. APPLICABLE LAW:
A. Parties to this Agreement shall conform with all existing and applicable City ordinances, resolutions,
state and local laws, federal laws, and all existing and applicable rules and regulations. Nebraska law
will govern the terms and the performance under this Contract.
17. INTEREST OF THE CITY:
A. Pursuant to section 8.05 of the Home Rule Charter, 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
with the knowledge of the person or corporation contracting with the City shall render the contract
voidable by the Mayor or Council.
18. INTEREST OF THE CONTRACTOR:
A. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or
indirect, which would conflict with the performance of services required to be performed under this
Contract; it further covenants that, in the performance of this Contract, no person having any such
interest shall be employed.
19. MERGER:
A. This Contract shall not be merged into any other oral or written contract, lease or deed of any type.
This is the complete and full agreement of the parties.
20. MODIFICATION:
A. This Contract contains the entire agreement of the parties. No representations were made or relied
upon by either party other than those that are expressly set forth herein. No agent, employee or other
representative of either party is empowered to alter any of the terms hereof unless done in writing and
signed by an authorized officer of the respective parties.
21. APPROVAL OF AMENDMENTS:
A. 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:
1. "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
Contract
Page 4 of 6
of the following penalties:
1. Withholding of all future payments under the involved contracts to the Contractor in violation until
it is determined that the Contractor is in compliance with the provisions of the Contract;
2. Refusal of all future bids for any contracts with the City or any of its departments or divisions until
such time as the Contractor demonstrates that it has established and shall carry out the policies
of the program as herein outlined.
Contract
Page 3 of 6
ement and/or maintenance of bus benches throughout
the city under this Contract. In any such policy the City shall be expressly included as an additional
Contract
Page 2 of 6
e ��Q�`
o0 1 ANNUALLY.
Note: Refer to page 2 of 3 for Bid Bond and Minimum Bid Amount and page 3 of 3 for Minimum Number of Benches,Performance Bond and Insurance
Requirements. Refer any questions regarding the Bid or Contract Documents directly to the Park Administration Division at 402-444-5900 or as noted in the
Contract Documents.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055.
(Please Print Legibly or Type) Firm No a C,.awin 1 N c Ate gnsl- (�,, 5r7,�s Inca O
`Slat
Name . G.. ;cam,,,> Signature
Title ((a...JD^ Phone (24q-6,c 1 2 ax /- a T
Address `f(D s-4.rc.r- e (��. (�r,+•t _ /U,5 CPS/J(
Street/P.O.Box City State Zip
E-Mail Address HOC S t r e7 4 S (e c/- o 0J. S
yov
-444-5055,
(Please Print Legibly or Type) Firm LUEDER CONSTRUCTION COMPANY 1 .....,-r,• , DELAW: . •
Name R. BRAD VON GILLERN Signature ' ' '4
Title PRESIDENT Phone 339-1000 Fax 592-4769 •
-
9999 J Street Omaha NE' •68127 .
. • Address
Street/P.O.Box City State • Zip •
E-Mall Address BradV@lueder.com S r,.
itehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ace, excluding common areas,
such as hallways,stairwells,and restrooms.
(c)Depreciation or use allowances on buildings,capital improvements and equipment related space
(e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the
• ♦-J L-
http://www.whitehouse.gov/omb/circulars/a 122/a 122_2004.html 7/19/2006
10/al 1 0.html 6/23/2006
ed
hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby,
Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance
of all other acts required hereunder,or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by
law, Trustor waives all present or future statutes of limitations with respect'to any debt, demand or obligation secured hereby in any
action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
on or used in
e collection of any such taxes, so as to affect this Deed of Trust, the holder of this Deed of Trust and of the obligations
which it secures shall have the right to declare all sums secured hereby due as of a date to be specified by not less than 30 days'
written notice to be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by
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."
2. "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."
22. STRICT COMPLIANCE:
A. All provisions of this Contract and each and every document that shall be attached shall be strictly
complied with as written, and no substitution or change shall be made except upon written direction
from an authorized representative.
23. AUTHORIZED REPRESENTATIVE:
A. In further consideration of the mutual covenants herein contained, the parties hereto expressly agree
that for purposes of notice, including legal service of process, during the term of this Contract and for
the period of any applicable statute of limitations thereafter,the following named individuals shall be the
authorized representatives of the parties.
1. City of Omaha
Director of Parks, Recreation&Public Property
Omaha/Douglas Civic Center
1819 Farnam Street-Suite 701
Omaha, NE 68183.
2. Best Buy Signs
Jim Paulison,Owner
17410 Storage Road
Omaha, NE 68136
24. CONTRACT TERM:
A. This Contract shall commence on June 1, 2009, or as soon thereafter as Council action may be taken,
and end May 31, 2013. This Contract may be extended for a one (1)or two (2) year period, at the sole
option of the City. City shall advise Contractor, in writing, of City's intent to extend and the length of the
extension period selected,a minimum.of ninety(90)calendar days prior the Contract termination date.
25. BENCHES:
A. The benches shall be either six feet (6'-0") or eight feet (8'-0") in length and shall not exceed forty-two
inches(42")in height or thirty inches(30")in depth.
B. The benches shall be of heavy construction,weighing not less than four hundred pounds(400 lbs.).
C. The end pieces and legs of the benches shall be constructed of concrete or solid metal.
D. The seats and backrests of the benches shall have a minimum thickness of three-quarters of an inch
(3/4") and be constructed of a material satisfactory to and approved by the City of Omaha, Parks,
Contract
Page5of6
ce of the acceptance of any purchase in excess of such limits or the
Contract
Page 4 of 6
of the following penalties:
1. Withholding of all future payments under the involved contracts to the Contractor in violation until
it is determined that the Contractor is in compliance with the provisions of the Contract;
2. Refusal of all future bids for any contracts with the City or any of its departments or divisions until
such time as the Contractor demonstrates that it has established and shall carry out the policies
of the program as herein outlined.
Contract
Page 3 of 6
ement and/or maintenance of bus benches throughout
the city under this Contract. In any such policy the City shall be expressly included as an additional
Contract
Page 2 of 6
e ��Q�`
o0 1 ANNUALLY.
Note: Refer to page 2 of 3 for Bid Bond and Minimum Bid Amount and page 3 of 3 for Minimum Number of Benches,Performance Bond and Insurance
Requirements. Refer any questions regarding the Bid or Contract Documents directly to the Park Administration Division at 402-444-5900 or as noted in the
Contract Documents.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055.
(Please Print Legibly or Type) Firm No a C,.awin 1 N c Ate gnsl- (�,, 5r7,�s Inca O
`Slat
Name . G.. ;cam,,,> Signature
Title ((a...JD^ Phone (24q-6,c 1 2 ax /- a T
Address `f(D s-4.rc.r- e (��. (�r,+•t _ /U,5 CPS/J(
Street/P.O.Box City State Zip
E-Mail Address HOC S t r e7 4 S (e c/- o 0J. S
yov
-444-5055,
(Please Print Legibly or Type) Firm LUEDER CONSTRUCTION COMPANY 1 .....,-r,• , DELAW: . •
Name R. BRAD VON GILLERN Signature ' ' '4
Title PRESIDENT Phone 339-1000 Fax 592-4769 •
-
9999 J Street Omaha NE' •68127 .
. • Address
Street/P.O.Box City State • Zip •
E-Mall Address BradV@lueder.com S r,.
itehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ace, excluding common areas,
such as hallways,stairwells,and restrooms.
(c)Depreciation or use allowances on buildings,capital improvements and equipment related space
(e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the
• ♦-J L-
http://www.whitehouse.gov/omb/circulars/a 122/a 122_2004.html 7/19/2006
10/al 1 0.html 6/23/2006
ed
hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby,
Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance
of all other acts required hereunder,or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by
law, Trustor waives all present or future statutes of limitations with respect'to any debt, demand or obligation secured hereby in any
action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
on or used in
e collection of any such taxes, so as to affect this Deed of Trust, the holder of this Deed of Trust and of the obligations
which it secures shall have the right to declare all sums secured hereby due as of a date to be specified by not less than 30 days'
written notice to be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by
•
Recreation and Public Property Department.
E. The several parts of the benches shall be joined by stainless steel screws and/or countersunk bolts of
three-eighths inch (3/8") or greater diameter, except that any benches, in good condition, obtained from
the contractor who held the bus stop bench contract immediately preceding this contract term,shall not be
subject to the stainless steel screws and bolts requirement until such benches are in need of repair.
1. No nails or wire may be used for repair of the several parts of the benches.
F. MINIMUM NUMBER OF BENCHES: The minimum number of bus stop benches with or without
advertising to be provided, installed, placed, maintained and removed shall be four hundred (400). Any
proposal which fails to meet the required minimum number shall be deemed a nonconforming bid and
shall automatically be rejected.
EXECUTED this of 4,../ 2009.
ATTEST:
-- .I Manager/Agent
EXECUTED this o2/ day of Ygoty 2009.
ATTEST: J 1' , CITY OF OMAHA,A Municipal Corporation
By
DEPUTY City Clerk,City o Omaha` Mayor,City of Omaha
•
APPROVED AS TO FORM:
?-6
rney
Contract
Page 6 of 6
Director of Parks, Recreation&Public Property
Omaha/Douglas Civic Center
1819 Farnam Street-Suite 701
Omaha, NE 68183.
2. Best Buy Signs
Jim Paulison,Owner
17410 Storage Road
Omaha, NE 68136
24. CONTRACT TERM:
A. This Contract shall commence on June 1, 2009, or as soon thereafter as Council action may be taken,
and end May 31, 2013. This Contract may be extended for a one (1)or two (2) year period, at the sole
option of the City. City shall advise Contractor, in writing, of City's intent to extend and the length of the
extension period selected,a minimum.of ninety(90)calendar days prior the Contract termination date.
25. BENCHES:
A. The benches shall be either six feet (6'-0") or eight feet (8'-0") in length and shall not exceed forty-two
inches(42")in height or thirty inches(30")in depth.
B. The benches shall be of heavy construction,weighing not less than four hundred pounds(400 lbs.).
C. The end pieces and legs of the benches shall be constructed of concrete or solid metal.
D. The seats and backrests of the benches shall have a minimum thickness of three-quarters of an inch
(3/4") and be constructed of a material satisfactory to and approved by the City of Omaha, Parks,
Contract
Page5of6
ce of the acceptance of any purchase in excess of such limits or the
Contract
Page 4 of 6
of the following penalties:
1. Withholding of all future payments under the involved contracts to the Contractor in violation until
it is determined that the Contractor is in compliance with the provisions of the Contract;
2. Refusal of all future bids for any contracts with the City or any of its departments or divisions until
such time as the Contractor demonstrates that it has established and shall carry out the policies
of the program as herein outlined.
Contract
Page 3 of 6
ement and/or maintenance of bus benches throughout
the city under this Contract. In any such policy the City shall be expressly included as an additional
Contract
Page 2 of 6
e ��Q�`
o0 1 ANNUALLY.
Note: Refer to page 2 of 3 for Bid Bond and Minimum Bid Amount and page 3 of 3 for Minimum Number of Benches,Performance Bond and Insurance
Requirements. Refer any questions regarding the Bid or Contract Documents directly to the Park Administration Division at 402-444-5900 or as noted in the
Contract Documents.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055.
(Please Print Legibly or Type) Firm No a C,.awin 1 N c Ate gnsl- (�,, 5r7,�s Inca O
`Slat
Name . G.. ;cam,,,> Signature
Title ((a...JD^ Phone (24q-6,c 1 2 ax /- a T
Address `f(D s-4.rc.r- e (��. (�r,+•t _ /U,5 CPS/J(
Street/P.O.Box City State Zip
E-Mail Address HOC S t r e7 4 S (e c/- o 0J. S
yov
-444-5055,
(Please Print Legibly or Type) Firm LUEDER CONSTRUCTION COMPANY 1 .....,-r,• , DELAW: . •
Name R. BRAD VON GILLERN Signature ' ' '4
Title PRESIDENT Phone 339-1000 Fax 592-4769 •
-
9999 J Street Omaha NE' •68127 .
. • Address
Street/P.O.Box City State • Zip •
E-Mall Address BradV@lueder.com S r,.
itehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ace, excluding common areas,
such as hallways,stairwells,and restrooms.
(c)Depreciation or use allowances on buildings,capital improvements and equipment related space
(e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the
• ♦-J L-
http://www.whitehouse.gov/omb/circulars/a 122/a 122_2004.html 7/19/2006
10/al 1 0.html 6/23/2006
ed
hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby,
Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance
of all other acts required hereunder,or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by
law, Trustor waives all present or future statutes of limitations with respect'to any debt, demand or obligation secured hereby in any
action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
on or used in
e collection of any such taxes, so as to affect this Deed of Trust, the holder of this Deed of Trust and of the obligations
which it secures shall have the right to declare all sums secured hereby due as of a date to be specified by not less than 30 days'
written notice to be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by
EXHIBIT "A"
. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this contract, the Consultant agrees as follows:
(1) The Consultant shall not discriminate against any employee or applicant for employment because of
race, religion,color,sex, national origin,or disability as defined by the Americans With Disabilities Act of
1990 and Omaha Municipal Code 13-82. The Consultant shall take affirmative action to ensure that
applicants are employed and that employees are treated during employment without regard to their race,
religion,color,sex or national origin. The Consultant 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 Consultant 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.
(2) The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the
Consultant,state that all qualified applicants will receive consideration for employment without regard to
race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq.
(3) The Consultant 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 Consultant'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.
(4) The Consultant 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 (1) through (7) of this subsection and only after
reasonable notice is given the Consultant. The purpose for this provision is to provide for investigation
to ascertain compliance with the program provided for herein.
(5) The Consultant shall take such actions with respect to any subcontractor as the City may direct as a
means of enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and
sanctions for noncompliance; however, in the event the Consultant 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 Consultant or the City may request the United States
Exhibit"A"
•
Page 1 of 2
tional
Contract
Page 2 of 6
e ��Q�`
o0 1 ANNUALLY.
Note: Refer to page 2 of 3 for Bid Bond and Minimum Bid Amount and page 3 of 3 for Minimum Number of Benches,Performance Bond and Insurance
Requirements. Refer any questions regarding the Bid or Contract Documents directly to the Park Administration Division at 402-444-5900 or as noted in the
Contract Documents.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055.
(Please Print Legibly or Type) Firm No a C,.awin 1 N c Ate gnsl- (�,, 5r7,�s Inca O
`Slat
Name . G.. ;cam,,,> Signature
Title ((a...JD^ Phone (24q-6,c 1 2 ax /- a T
Address `f(D s-4.rc.r- e (��. (�r,+•t _ /U,5 CPS/J(
Street/P.O.Box City State Zip
E-Mail Address HOC S t r e7 4 S (e c/- o 0J. S
yov
-444-5055,
(Please Print Legibly or Type) Firm LUEDER CONSTRUCTION COMPANY 1 .....,-r,• , DELAW: . •
Name R. BRAD VON GILLERN Signature ' ' '4
Title PRESIDENT Phone 339-1000 Fax 592-4769 •
-
9999 J Street Omaha NE' •68127 .
. • Address
Street/P.O.Box City State • Zip •
E-Mall Address BradV@lueder.com S r,.
itehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ace, excluding common areas,
such as hallways,stairwells,and restrooms.
(c)Depreciation or use allowances on buildings,capital improvements and equipment related space
(e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the
• ♦-J L-
http://www.whitehouse.gov/omb/circulars/a 122/a 122_2004.html 7/19/2006
10/al 1 0.html 6/23/2006
ed
hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby,
Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance
of all other acts required hereunder,or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by
law, Trustor waives all present or future statutes of limitations with respect'to any debt, demand or obligation secured hereby in any
action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
on or used in
e collection of any such taxes, so as to affect this Deed of Trust, the holder of this Deed of Trust and of the obligations
which it secures shall have the right to declare all sums secured hereby due as of a date to be specified by not less than 30 days'
written notice to be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by
to enter into such litigation to protect the interests of the United States.
(6) The Consultant shall file and shall cause his subcontractors, if any, to file compliance reports with the
Consultant 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 Consultant and his subcontractors.
(7) The Consultant shall include the provisions of Paragraphs (1) through (7) 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.
•
Exhibit"A"
Page 2 of 2
a
d.
09\30066d1m
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the present contract for the installation and maintenance of bus stop
benches,with or without advertising expires on.May 31, 2009; and,
WHEREAS, the Department of Parks, Recreation and Public Property prepared
the specifications for this service and bids were received on March 11, 2009; and,
WHEREAS, Best Buy Signs has submitted a bid of$130,000.00 per year revenue
to the City of Omaha, which is the highest and best bid received within bid specifications for the
installation and maintenance of bus stop benches, with or without advertising; and,
WHEREAS, Best Buy Signs has complied with the City's Contract Compliance
Ordinance No. 28885 in relation to Civil Rights Human Relations; and,
WHEREAS, it is in the best interest of the citizens of the City of Omaha to accept
such bid specifications and award the contract to Best Buy Signs and authorize the execution of
the attached contract; and,
WHEREAS, the Mayor has recommended acceptance of this bid and approval of
the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the bid from Best Buy Signs for the installation and maintenance of bus
stop benches, with or without advertising, in the amount of$130,000.00 per year revenue to the
City of Omaha is accepted,the bid specifications and contract are approved, and the City Clerk is
authorized to attest and the Mayor to sign said contract.
APPROVED AS TO FORM:
At O.
D:WY CITY ATTORNEY
p:1183dkj
B
Councilmember
Adopted MAY 1 9 2009 --O
City Clerk
Approved)
- Mayor
A
vising the labor union or
worker's representative of the Consultant'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.
(4) The Consultant 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 (1) through (7) of this subsection and only after
reasonable notice is given the Consultant. The purpose for this provision is to provide for investigation
to ascertain compliance with the program provided for herein.
(5) The Consultant shall take such actions with respect to any subcontractor as the City may direct as a
means of enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and
sanctions for noncompliance; however, in the event the Consultant 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 Consultant or the City may request the United States
Exhibit"A"
•
Page 1 of 2
tional
Contract
Page 2 of 6
e ��Q�`
o0 1 ANNUALLY.
Note: Refer to page 2 of 3 for Bid Bond and Minimum Bid Amount and page 3 of 3 for Minimum Number of Benches,Performance Bond and Insurance
Requirements. Refer any questions regarding the Bid or Contract Documents directly to the Park Administration Division at 402-444-5900 or as noted in the
Contract Documents.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055.
(Please Print Legibly or Type) Firm No a C,.awin 1 N c Ate gnsl- (�,, 5r7,�s Inca O
`Slat
Name . G.. ;cam,,,> Signature
Title ((a...JD^ Phone (24q-6,c 1 2 ax /- a T
Address `f(D s-4.rc.r- e (��. (�r,+•t _ /U,5 CPS/J(
Street/P.O.Box City State Zip
E-Mail Address HOC S t r e7 4 S (e c/- o 0J. S
yov
-444-5055,
(Please Print Legibly or Type) Firm LUEDER CONSTRUCTION COMPANY 1 .....,-r,• , DELAW: . •
Name R. BRAD VON GILLERN Signature ' ' '4
Title PRESIDENT Phone 339-1000 Fax 592-4769 •
-
9999 J Street Omaha NE' •68127 .
. • Address
Street/P.O.Box City State • Zip •
E-Mall Address BradV@lueder.com S r,.
itehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ace, excluding common areas,
such as hallways,stairwells,and restrooms.
(c)Depreciation or use allowances on buildings,capital improvements and equipment related space
(e.g.,individual rooms, and laboratories) used jointly by more than one function(as determined by the
• ♦-J L-
http://www.whitehouse.gov/omb/circulars/a 122/a 122_2004.html 7/19/2006
10/al 1 0.html 6/23/2006
ed
hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby,
Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance
of all other acts required hereunder,or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by
law, Trustor waives all present or future statutes of limitations with respect'to any debt, demand or obligation secured hereby in any
action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
on or used in
e collection of any such taxes, so as to affect this Deed of Trust, the holder of this Deed of Trust and of the obligations
which it secures shall have the right to declare all sums secured hereby due as of a date to be specified by not less than 30 days'
written notice to be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by
• `--• o O F-h I.
i-t
CD
co
t °� c � � �
oo. . �
C o a� ' • � '� s✓ w
o0 CD ct, CD .-.. C.. \
4 z .\
1-t
C� C �' C U4 v)
co
C
fD .pl. P.. 0 CD 'Z; CD
%
•
V1
ormation as to
the employment practices, policies, programs and statistics of the Consultant and his subcontractors.
(7) The Consultant shall include the provisions of Paragraphs (1) through (7) 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.
•
Exhibit"A"
Page 2 of 2
a
d.
09\30066d1m