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RES 2000-2268 - Contract with Yano's Nursery Inc for landscaping project at Standing Bear Lake as- Qp1AHA,N8 EC E arks, Recreation & �.� `,r � Public Property Department "� rr� Pre'� tri<}fj' —? Omaha/Douglas Civic Center �1i 'J_'k N `� 'i11 9: 4�1 1819 Farnam Street,Suite 701 e6 Cl �l� Omaha,Nebraska 68183-0701 Ao 3` 1�ry • V C�F( Af 1 `" 1 (402)444-5900 �42.FD FEBR�r !� , 6° E e�� j` FAX(402)444-4921 City of Omaha Larry N.Foster Hal Daub,Mayor August 15, 2000 Acting Director Honorable President and Members of the City Council, Transmitted herewith is a RESOLUTION authorizing the acceptance of the bid and approval of the contract from Yano's Nursery, Inc. to furnish all labor, materials and equipment necessary for a landscaping project at Standing Bear Lake for the Parks, Recreation and Public Property Department. This landscaping project will replace plant material lost during the construction of the sanitary sewer main. There has been some delay in finalizing an agreement with the Corps of Engineers on the appropriate mitigation program. Change Order No. 1 adds additional trees and shrubs to the original bid in order to meet the Corps' requirements. The following bids were received on December 22, 1999: VENDOR BID YANO'S NURSERY, INC. $47,606.00 CHANGE ORDER No. 1 $33,738.00 TOTAL $81,344.00 D. F. Lanoha $50,250.00 Change Order No. 1 $34,200.00 Total $84,450.00 Mulhall Nursery $55,000.00 Change Order No. 1 $39,048.32 Total $94,048.32 The Finance Department is authorized to pay the cost of the landscaping project from 2000 year funds in the Interceptor Sewer Fund No. 131, Agency No. 140, and Organization No. 1507. The contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Relations Director will review the contractor to ensure compliance. • Honorable President and Members of the City Council Page-2- The Parks, Recreation and Public Property Department recommends the acceptance of the bid and approval of the contract from Yano's Nursery, Inc. being the lowest and best bid received, within the bid specifications, attached hereto and made a part hereof and requests your consideration and approval of this Resolution. Respectful ubmitted, Approved: etait Rit;4-7‘hq-A0-- /7/8,9/ Acting�' oster, Director Kellie Paris-Asaka Date Parks,Recreation and _ Human Relations Director Public Property Department Approved as to Funding: J Refe to Ci ouncil Co 'deratio : Z oro -Stanley P. T' 0 Date r s ce/Title ate Acting Finance Director P:\PRPP\9514sap.doc • • - • CONTRACT THIS CONTRACT, made and entered into this /0 day of dui C40-/- A.D., 20 Oa, by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska,party of the first part and hereinafter called "OWNER", and Yano's Nursery, Inc. with principal place of business at: 5240 South 192t d Street, Omaha, Nebraska 68135, hereinafter called "CONTRACTOR": WHEREAS, said Contractor did, under date of December 22, 1999, submit a proposal to construct as outlined in the proposal for landscape improvements at Standing Bear Lake for the City of Omaha, for the sum of$81,344.00 - Eighty Two Thousand Six Hundred Forty Fix and No/100 Dollars (Base Bid - $47,606.00 and Change Order Number 1 - $33,738.00), to be constructed by the Contractor in accordance with drawings and specifications for same prepared for Owner, which drawings and specifications have been filed with the City of Omaha. WHEREAS, the aforesaid proposal of Contractor was accepted by Resolution No. O adopted g7/S7D64 ,by the City Council of the City of Omaha: NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto that: a. The above referred to plans, specifications and addenda, are expressly made a part hereof the same as though fully set forth herein. b. The Resolution of Owner ordering or authorizing the construction of the aforesaid landscape improvements, the notice inviting contractors to bid as published, the instruction to bidders, the proposal of Contractor, the bid bond of Contractor, the performance, payment and maintenance bond of Contractor, the general conditions and all proceedings by the governing body of the Owner relating to said landscape improvements, are a part of this Contract by reference thereto the same as though each had been fully set out and attached hereto. c. Said construction shall be on the property owned by the City of Omaha, commonly known as, or referred to as Standing Bear Lake, Omaha, Nebraska, in Douglas County,Nebraska. d. The Contractor agrees to furnish all tools, labor, mechanics for labor, equipment and materials to construct in a good substantial and workmanlike manner, • Contractor's part of said improvements in accordance with the aforesaid plans, specifications and addenda, and agrees to do so for the sum of$81,344.00. e. Owner agrees to pay Contractor said amount of$81,344.00 in accordance with the provisions of the aforesaid specifications, addenda and proposal of the Contractor accepted by Owner. f. All provisions of aforesaid plans, specifications and addenda shall be strictly complied with and conformed to by Contractor, the same as if re-written herein, and no substitution or change in said plans, specifications and addenda shall be ' V made except upon written consent or written direction (the form of either of which shall be a written "Change Order") of Owner and Owner's Architect, Dennis Bryers, and any such substitution or change shall in no manner be construed to release either party from any specified or implied obligation of the aforesaid plans, specifications and addenda except as specifically provided for in the Change Order. g. This Contract is entered into subject to the following conditions: g-1. Contractor does hereby state, warrant and covenant that it has not retained or employed any company, or person, other than bona fide employees working for said Contractor,to solicit or secure this Contract, and that it has not paid or agreed To pay any company or person, other than bona fide employees working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the aware or making of this Contract. For breach of violation of this statement, warrant, and covenant, the City of Omaha shall have the right to annul this contract without liability. g-2. Contractor shall comply with all Municipal Ordinances and State and Federal Laws relating to, or applicable to, this work. g-3. Contractor shall furnish Performance, Payment and Maintenance Bond in an amount at least equal to one hundred percent of the Contract price, and shall maintain during the life of the Contract, Fire, Workmen's Compensation, Public Liability and Property Damage insurance, all as required in the aforesaid specifications and addenda. g-4. Owner, its employees and representatives, and its Architect shall have access to the work wherever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and inspection by them. g-5. The Contractor shall indemnify and save harmless the City of Omaha, its officers, employees, and agents from all claims, suits or actions of every kind and character made upon or brought against the said City of Omaha, its officers, employees and agents, for or on account of any injuries or damages received or sustained by any Party or parties by or from the acts of the said Contractor or its servants, agents and subcontractors in doing the work therein contracted for, or by or in consequence of any negligence in guarding the same or any improper material used in its construction, or by or on account of any act or omission of said Contractor or its servants, agents, and subcontractors; and also from all claims of damage or infringement of any patent in fulfilling this Contract. g-6. Contractor shall pay to the Unemployment Compensation Fund of the State of Nebraska unemployment contributions and interest due under the laws of the State of Nebraska on wages paid to individuals employed in the performance of this Contract, and shall submit to the City of Omaha a written clearance from the -2- . Commissioner of Labor of the State of Nebraska certifying that all payments due of contributions or interest which may have arisen under this Contract have been paid by the Contractor, or his subcontractor, to the State of Nebraska Unemployment Compensation Fund. Payment of the final 3% of the total amount of this Contract shall be withheld until this provision has been complied with. g-7. The Contractor shall not discriminate against any employee applicant for employment because of race, religion, color, sex or national origin. The Contractor shall take affirmative action to insure that applicants are employed and • that employees are treated during employment, without regard to their race, religion, color, sex, or national origin. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited (whether advertising or by other means) compensation; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. g-8. The Contractor shall not discriminate on the basis of disability as defined by the Americans with Disabilities Act of 1990 and the Omaha Municipal Code (13-82) and shall take all actions necessary to comply with the Americans with Disability Act of 1990 and the Omaha Municipal Code (Chapter 13) including, but not limited to reasonable accommodation. g-9. The Contractor shall in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin. g-10. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor's commitments under the Equal Employment Opportunity Clause of the City of Omaha and shall post copies of the notice in conspicuous places available to employees and applicants for employment. g-11. The Contractor shall furnish to the Contract Compliance Officer all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations, and including the information required by Sections 10-192 to 10-194, inclusive, of the Omaha Municipal Code 1980, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to paragraphs g-7 through g-13 and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. -3 - • • • g-12. The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of paragraphs g-7 through g-13 herein, including penalties and sanctions for noncompliance, provided, however, that in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as is necessary to protect the interests of the City to effectuate the provisions of the Ordinance and in the case of contracts receiving Federal assistance, the Contractor or the City may request the United States to enter into such litigation to protect the interest of the United States. g-13. The Contractor shall file and shall cause his subcontractors, if any, to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with the Contract Compliance Officer. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and his subcontractors. g=14 The Contractor shall include the provisions of paragraphs g-7 through g-13 of this Section, Equal Employment Opportunity Clause, and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. g-15. Contractor shall pay all just claims due for the payment of all employees and mechanics for labor that shall be performed, for the payment of all material and equipment furnished, and for the payment of material and equipment rental which is actually used for rented in the performance of the Contract. g-16. Contractor agrees to commence work on the date specified in the notice from the Administration Division of the Parks, Recreation and Public Property Department, and to complete all the work by September 15,2000. g-17. The Contractor shall guarantee his work for material and workmanship for a period of one (1) year(s) after the date of completion of his Contract, and should any defect be discovered in any of the work included in this Contract within the period of one (1) year(s) from the completion of this Contract, the repair of such defect and the cost of such repairs shall be borne by the Contractor under his Contract. g-18. Contractor shall maintain fair labor standards in accordance with any valid laws of the State of Nebraska in the execution of this Contract. h. Upon receipt of written notice by Owner and its Architect that the Construction is ready for final inspection and acceptance, the Architect shall promptly make such inspection and, when he find the construction acceptable under the Contract and the Contract fully performed, he shall promptly issue a final certificate, over his -4- • • own signature, stating that the construction provided for in this Contract has been completed and is accepted by him under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before issuance of final certificate the Contractor shall submit evidence satisfactory to the Architect that all payrolls, material bills, and other indebtedness connected with the work have been paid. If, after the work as been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Architect so certifies, the Owner shall, upon certificate of the Architect and without terminating the Contract, may payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The Contractor shall procure a policy, or policies, of insurance which shall guarantee payment of compensation according to the Workmen's Compensation laws of Nebraska for all workmen injured in the scope of employment, and further agrees to keep said policy, or policies in full force and effect throughout the term of this Contract. In addition, all other forms of insurance referred to in the specifications shall be procured by the Contractor and kept in force and effect by it throughout the term of this Contract, and certificate or certificates of insurance shall be filed by Contractor with the City of Omaha. j. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Contract. Any violation of this section shall render the Contract voidable by the Mayor or City Council. k. Any subsequent agreement between the parties hereto or any matter whatsoever shall be in writing and executed by an authorized officer. 1. The parties hereto acknowledge that, as of the date of the execution of this agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a) by ten percent, if the original bid price is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City charter to approve immediate purchases. -5- 3. IN WITNESS WHEREOF, we the contracting parties, by our respective duly authorized agents hereto affix our signatures and seals at Omaha, Nebraska, this . 5 lay of , 2000, and this /44 day of u,,.�-, 2000, respectively. CITY OF OMAHA, A Municipal Corporation in Douglas County,Nebraska, Party of the First Part and also designated as Owner. ATTEST: CITY O r OMAHA Municipal Corporation :44.‘ /I 0 if / /ie CITY CLERK DATE / AYOR DATE YANO'S NURSERY, INC. (Seal of the City) BY IG��ti THORIZED REPRESENTATIVE 7 - z 5 -- o 0 DATE APPROVED AS TO FORM: -4( az/i/frCb TY ATTORNEY DATE P:\PRPP\7248SAP.doc • -6- • . • . 02/07/00 ACORD, iiiiiiiCERTIFICATE OPLIABILIIVINSURANCmm""""''"m"'"'""""'"' PRODUCER 402 861-7000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE HARRY A. KOCH CO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO BOX 45279 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. • OMAHA NE 68145-0279 COMPANIES AFFORDING COVERAGE COMPANY HARTFORD INSURANCE GROUP INSURED COMPANY Yanos Nursery Inc 5240 S 192 St COMPANY Omaha NE 68135 COMPANY I D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POUCY EXPIRATION TYPE OF INSURANCE POLICY NUMBER UMITS LTR DATE(MM/DDNY) DATE(MM/DDNY) A GENERAL UABIUTY 91UUCZW2986 8/21/99 8/21/00 GENERAL AGGREGATE $ 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2 0 0 0 0 0 0 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1000000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE(Any one fire) $ 300000 MED EXP(Any one person) 10000 A AUTOMOBILE UABIUTY 91 UUCZW2986 8/21/99 8/21/00 COMBINED SINGLE LIMIT $ ANY AUTO 1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE UABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE S A EXCESS UABILITY 91XHUYQ3563 8/21/99 8/21/00 EACH OCCURRENCE $ 1000000 X UMBRELLA FORM AGGREGATE $ 1000000 OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AND 91WBCAW1568 8/21/99 8/21/00 X rArLas 741- EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 500000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT S 500000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE 500000 OTHER APPRO '" FORK DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS PROJECT: STANDING BEAR LAKE LANDSCAPE IMPROVEMENTS ASSt8TANT CITY ATTORNEY CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED REGARDING GENERAL LIABILITY. ,...„„. CRT1CAT HOUR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF OMAHA EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL PARKS & RECREATION DEPT 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1819 FARNAM ST STE 701 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR UABILITY OF ANY KIND UPON HE CI ITS AGENTS OMAHA NE 68183-0701 OR REPRESENTATIVES. AUTHORIZE EPRESENTATIV COD OOOOOOOOOOOOOOOOOOOOOOOOOOOOO r • I CL • I- W V . 0- : W Z U D d • • a LU I— W Go v Z —w D 4k CL O Z m w E aa) m E > w .-, a Q N C O > E U W W I— as O t o co J W "Cs To k c N U CV 0 O C) ZW0 cn 14— C 0Wa! W Y a 7/1 cn 0 CO.I- .�C m C� — 3 a) V L • - Z aW. m 0 5 < cuE — Z Q 0 ta•0 F- p C 0 ..- N Z m cn as 1 Q c m _ J —I a °' Z c m O AZ Ca `o N .a a m �� Q 4? C> a .Y = OS CI)I-- 0 0 0 a 0 4.,t PH:8B(94) CITY OF OMAHA REQUEST FOR BID AND BID SHEET ON Standing Bear Lake Landscape Improvements FROM: P.M.Burke Published: December 8, 1999 City Purchasing Agent t Gnu �,w • 1003 Omaha-Douglas Civio'S gN11Tg'E \ NOT AN ORDER Page 1 of 4 Pages 1819 Farnam Street °�yt qRD Agent • • d most"' Omaha,Nebraska 68183-0 t tetett`" ' BID BOND OR CERTIFIED CHECK REQUIRED IN THE •• TO: r "`5 . AMOUNT OF FIVE PERCENT(5%) IF THE TOTAL AMOUNT C • FOR THE ITEMS OFFERED IS S20,000 OR MORE - • Bid Closing Date: December 22,1999 11:00 A.M. - IMPORTANT 4. If Federal Excise Tax applies, show amount of same and deduct Exemption 1. Bid must be in the office of the CITY CLERK, LC-1, OMAHA-DOUGLAS certificates will be furnished.Do not include tax in bid. CIVIC CENTER, 1819 Farnam Street,Omaha,NE 68183-0011 by closing date 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. and time indicated, in sealed envelope marked BID ON: Standing Bear Lake 6. When submitting bid on items listed, bidder may on a separate sheet, make Landscape Improvements.. suggestions covering reduction in costs wherever this is possible through 2..As evidence of good faith a bid bond or certified check must be submitted with . redesign,change of material or utilization of standard items or quantity change. .. bid.FAILURE TO DO SO IS CAUSE FOR REJECTION . - 7.If you do not desire to bid,return sheets with reasons for declining.Failure to do 3.Right is reserved to accept or reject any or all bids in their entirety.Right is also so will indicate your desire-to be removed from our-mailing list.If you desire a - reserved to accept or reject any part of your bid unless otherwise indicated by • ooPy of tabulation check Ix 1.Please do not call for this information. you. 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 drawings prepared by Ciaccio Dennell Group for the "Standing Bear Lake Landscape Improvements" and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO ,THROUGH. • It is understood(a)that as to the contract which may be awarded upon this proposal,the Contract period will be the term beginning with the notice to proceed and ending with the acceptance of the work,the number of consecutive calendar days hereinafter agreed on;and(b)that it is the intention of the Park Planning Division that a contract shall be awarded to the bidder regarded by the City of Omaha as having submitted the lowest and best bid, having regard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park Planning Division best to meet the requirements of the Park Planning Division;material purchased for this project will be State of Nebraska and City sales tax exempt. On the foregoing,understand that the bidder hereby offers and proposes to furnish all labor,all materials and all else whatsoever necessary to construct and properly fetish all the work in connection with "Standing Bear Lake Landscape Improvements", Standing Bear Lake-Dam Site 16,6404 North 132nd Street,Omaha,Nebraska,in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks,Recreation and Public Property Department for the lump sum of: BASE BID: 'c'ORTY SEVEN THOUSAND SIX HUNDRED SIX DOLLARS (S 47,606 .00 ) Note: Refer to pages 3 of 4 and 4 of 4 for Unit Prices. All bidders awarded a contract in the amount of S5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Annual Contract Compliance Report (Form CC-I). This report shall be in effect for 12 months from the date received by the Human Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to Contract Compliance Officers Rita Vlademar at (402) 444-5067 or Tony Acosta at (402) 444-5053; however, please refer any questions regarding the REQUEST FOR BID or SPECIFICATIONS directly to the Purchasing Department(402)444-5400 or as shown on bid (Please Print Legibly or Type) Payment Terms 1" % Firm Y•4`IO'S NURSERY•INC• Incorporated in NE• (State) Name YA?0 BASSO Signature �tck 7> — - i+! O1y 460t4 PRESIDENT R95-1535 PRESIDENT 895-0480 �--;,uV OOMhrilT'i E� Title Phone Fax t.3l'•, ii; . 4.4445 5240 SOUTH 192 ST, 7*tA1?A NE. 6p135 1 cit1! o•teN 4 to€+.tif6iiriAlAFlh� RS1t Address Street/P.O. Box City State Zip O 1519�9 QR PH-8B(94) CITY OF OMAHA REQUEST FOR BIDS ON • Standing Bear Lake Landscape Improvements NOT AN ORDER Page 2 of 4 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 furnished in accordance with the requirements of the contract documents considered severally and collectively. The bidder agrees that construction will be completed by: May 15,2000. It is understood that the contract documents shall consist of the advertisement, the requirements for bidding and instruction to bidders, this proposal, and drawing sheets titled"Standing Bear Lake Landscape Improvements"and dated "December 8, 1999" the specifications 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. 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 order of the City of Omaha, in the sum of: TWO THOUSAND THREE HUNDRED EIGHTY AND THIRTY CENTS ($ 2 ,380.30 ), which is at least five percent 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. i i_0 ;i NUJ}nr4,sici fi K- L�f±Pt1�t rre.fr.retrchns!nn.- YAM'S NURSERY,INC'. SIGN ALL COPIES Cp Firm to-. a OLc a By �- Title ?'RrSIDF.NT , PH-8B(94) CITY OF OMAHA REQUEST FOR BIDS ON Standing Bear Lake Landscape Improvements NOT AN ORDER Page 3 of 4 Pages UNIT PRICES C.Y. = Cubic Yard S.F. = Square Foot S.Y. = Square Yard V.F. = Vertical Foot L.F. = Linear Foot EA. = Each • .The undersigned further proposes and agrees that if the amount of the work required be increased or decreased, by a request of the Owner, the following supplemental Unit Prices will be the basic price in place for computing extra cost or - - credit. Each Unit Price shall include all equipment,tools, labor,permits,fee,etc. incidental to the completion of the work involved based on the construction detail(s) on the Contract Drawings and all materials listed in the noted Specification Section. Unit prices will be decreased ten percent(10%) if change requested is a reduction of work. UNIT PRICE DESCRIPTION Deciduous Shade Trees Botanical/Common Name: Size: Description: Unit Price (Each) Acer saccharinum/Silver Maple . 1'/z"cal,B&B Full crown,straight leader $ 95.00 Acer saccharum `Green Mountain' / Green Mountain Sugar Maple 1'/z"cal,B&B Full crown, straight leader $ 95.00 Celtis occidentalis/Common Hackberry 1%"cal,B&B Full crown, straight leader $ 95.00 • Fraxinus pennsylvanica/Green Ash 1'h"cal,B&B Full crown, straight leader $ 95.00 Gledistia triancanthos inermis/ Thornless Honeylocust 11/4"cal,B&B Full crown, straight leader $ 95.00 Populus deltoides `Siouxland' / Siouxland Cottonwood 11/2"cal, B&B Full crown, straight leader $ 95.00 Quercus bicolor/Swamp White Oak 1'/z"cal, B&B Full crown, straight leader S 95.00 Quercus marcocarpa/Bur Oak 1'/z"cal,B&B Full crown, straight leader $ 95/.00 Quercus rubra/Northern Red Oak I'/z"cal,B&B Full crown, straight leader $ 95.00 Salix x `Tristis' /Tristis Weeping Willow 1'/i"cal,B&B Full crown, straight leader $ 95.00 Taxodium distichum/Baldcypress 11/4"cal, B&B Full crown, straight leader $ 95 .00 Tilia americana/American Linden 1'/z"cal,B&B Full crown, straight leader S 95 .00 Conifer Trees Picea glauca var. densata/ Blackhills Spruce 3' high,B&B or cont. $ 75. Picea pungens/Colorado Spruce 3' high,B&B or cont. $ 75.00 Pinus sylvestris/Scotch Pine 3' high, B&B or cont. $ 75.00 SIGN ALL COPIES is uT 011 0:.:111% Firm YANO T S NURSERY,INC. a'=1)C:'COMMITTEE §25445 By -efw etellt DEC 1 t 1g99 Title ..RESIDE ?T 4 -a PH-8B(94) CITY OF OMAHA REQUEST FOR BIDS ON Standing Bear Lake Landscape Improvements NOT AN ORDER Page 4 of 4 Pages Conifer Trees(continued) Picea pungens/Colorado Spruce 6' high,B&B $ 165.00 Pinus sylvestris/Scotch Pine 6' high,B&B S 165.00 Ornamental Trees _. .. Amelanchier x grandiflora/ Autumn Brilliance Serviceberry 6'-8',B&B or cont. clump,3 stems min. $ 75.00 Cercis candensis/Eastern Redbud 1 Y"cal.,B&B or cont.Full crown S 75.00 Cornus racemosa/Gray Dogwood 4'-5',cont. $ 18.00 Crataegus phoenoopyrum/ Washington Hawthorn 6'-8',B&B or cont. Full crown $ 75.00 Malus ioensis/Prairie Crabapple 6'-8',B&B or cont. Full crown S 75.00 Malus species/Prairiefire Crabapple 6'-8',B&B or cont. Full crown $ 75.00 Malus apple/Goodland Apple 1"cal, B&B or cont. Full crown Prunus americana/American Plum 4'-5', cont. $ 25.00 Shrubs Rhus glabra/Smooth Sumac 24"-36", cont. $ 25.00 Vibrunum trilobum/ American Cranberrybush Vib. 24"-36", cont. $ 25.00 f ..........il�li Ut (,1t1 6.,11n C7:EN D CY COMMITTEE F>: t'i:i?ORD#25445 trfn- fn Free:tn`hastna.11e•_ant SIGN ALL COPIES DEC 15 1ggg Firm YA`tn'S NURSERY,INC. By Title c C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on December 22, 1999, for furnishing all labor, materials and equipment necessary to complete the landscaping project at Standing Bear Lake, 6404 North 132nd Street; and, WHEREAS, Yano's Nursery, Inc. submitted the best bid, within bid specifications, in the amount of$47,606.00; and, WHEREAS, Change Order No. 1, in the amount of $33,738.00, has been prepared for additional plantings, as part of this resolution; and, WHEREAS, Yano's Nursery,Inc. 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, including Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the bid in the amount of $47,606.00 and Change Order# 1 in the amount of$33,738.00, for a contractual total amount of$81,344.00; from Yano's Nursery, Inc. for a landscaping project at Standing Bear Lake, 6404 North 132nd Street, being the best bid received, within the bid specifications, attached hereto and made a part hereof, is hereby accepted. Funds in the amount of $81,344.00 shall be paid from 2000 year funds in the Interceptor Sewer Fund No. 131,Agency 140, and Organization No. 1507. APPROVED AS TO FORM: 14w4,.... 4,o/ o Cep ITY(ATTORNEY DATE P:\PRPP\9515sap.doc By G1 Councilmember Adopted ABC 1 5 2000 7-0 .. �� fr _ City fjji rk Approved f i o`: • �O r = Mayor rotx) cpd O R- a 0,a R' aCD cn ro r r `'t n ' 0 O 1 CD O CD 2. a Z E r* 0 r 0 { ' 0 .S Uq ,..t . . O Q _ v `C .. A� Mr 6 "�E. CS Z f u. 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