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RES 2000-1224 - Bid of Shamrock Grounds Maintenance for quadrant #2 ROW mowing • _• ; , q, e F ot,1AHA,NF6 ! � Parks, Recreation & 6 4 Nur1 RECEIVED Public Property Department �, Omaha/Douglas as Civic Center �=t'WA Oa APR 9 I l 3 $� 1819 Famam Street,Suite 701 9 . �� l2 �► w Omaha,Nebraska 68183-0701 �A ry CITY , ,_l:.t C (402)444-5900 R'rEo FE130- OMAHA, N E PS R A S'K A FAX(402)444-4921 Cityof Omaha Larry N.Foster May 2, 2000 Hal Daub,Mayor Acting Director Honorable President and Members of the City Council: The attached Resolution approves the bid of Shamrock Grounds Maintenance for grounds maintenance for Quadrant#2 Street right of way mowing. The following bids were received on March 13, 2000: CONTRACTOR BIDS SHAMROCK GROUNDS MAINTENANCE $36,025.00 (LOW BID) Sharpe Enterprises $50,000.00 Blademasters $91,600.00 Charlie's Pride $123,000.00 M&A No Bid Great Estates No Bid The above bid reflects the total estimated bid. Funds for this maintenance have been appropriated in 2000 funds in the General Fund No. 001, Agency 120, and Organization 1216, Right of Way Maintenance. The Finance Department is authorized to pay the cost of the maintenance from these accounts. The contractor has on file a current Annual Contract Compliance Report Form(CC-1). As is City policy, the Human Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance. 1 Honorable President and Members of the City Council Page -2- • The Parks, Recreation and Public Property Department recommends the acceptance of the bid from Shamrock Grounds Maintenance, being the lowest and best estimated bid received, within the bid specifications,requests your consideration and acceptance of the contract and approval of this Resolution. • Respectful submitted, Approved: Adeet /1.51/7c) Larry . Foster,Ac ing Director ate ellie Paris-Asaka, Director Date Parks, Recreation and Public Human Relations Department Property Department Approved as to Funding: Referred to Ci ouncil for Consideratio : 434, z )(- 4/0 Stanley P. Ti ,Acting Director Date Mayor's Office/Title Date Finance Department 4 P:\PRPP\9308sap.doc p a m °' D CO 51) N - O 1� CD N N D) - 3 W C) C) o C) _ N W o ^ C ti S S N JL' C z J `� 0 C D _ co D -_I In Cam') T N E N (3 a 71 Q o Q ; 0 a • a�i o v O n Z O o H � N 0 SD m - -h N cQ can � 2 � (0 � ry . <. n n -_-I p- (D -n 0 < _ iU co Z 0 0 O a o� ZIT o D * z .... a Z c r �" 0 ZCO op Z g 0 p o � . n in inW v v m \ C S C o �, o o 0 i , ` 0. N �0 o o z G f JjtP 24 CS P21� 0. \� °o 0 o n - m d 7.7, z 6:g&fr. E STDi fS m • . z -o d � z f�') 11A m w 1. \ 0. p V" p� I 0O �� N w -o o - Z 5)9, �f m - _ o e z %0/ ,- _ws m -- • • • CITY OF OMAHA Y11M- REQUEST FOR BID AND BID SHEET ON: GROUNDS MAINTENANCE - QUADRANT #2 RIGHT-OF-WAY ROM: P.M. Burke Published February 28, 2000 City Purchasing Agent 1003 Omaha-Douglas Civic Center NOT AN ORDER Pane I 1819 Farnam Street Omaha, Nebraska 68183-0011 Bid Closing Date March 13, 2000 11:00 A.M. IMPORTANT 4.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. . Bid must be in the office of the CITY PURCHASING AGENT,1003 5.When submitting bid on items listed,bidder may on a separate sheet, OMAHA-DOUGLAS CIVIC CENTER,1819 Farnam Street,Omaha,NE make suggestions covering reduction in costs wherever this is 68 1 83-001 1 by closing date and time indicated,in sealed envelope possible through redesign,change of material or utilization of standard marked BID ON items or quantity change. GROUNDS MAINTENANCE-QUADRANT#2 RIGHT-OF-WAY . Right is reserved to accept or reject any or all bids in their entirety.Right 6.If you desire a copy of tabulation check()<1. is also reserved to accept or reject any part of your bid unless otherwise Please do not call for this information. indicated by you. 7.If you do not desire to bid,return sheets with reasons for declining. If Federal Excise Tax applies,show amount of same and deduct. Failure to do so will indicate your desire to be removed from our Exemption certificates will be furnished.Po not Include tax in bid. mailing list. Quote your lowest price, best delivery and terms, F.O.B. delivery point on the item(s) listed below: QUANTITY DESCRIPTION UNIT PRICE EXTENSION Grounds Maintenance Quadrant #2 Right-Of-Way per attached specifications, 10 pages dated January 2000. COLOR PRINTED MAPS OF LOCATIONS AVAILABLE FOR PICKUP AT PARK OFFICE, 1523 SOUTH 24TH ST. FROM 7:00 TO 4:00 MONDAY THRU FRIDAY, ONLY. Estimated O° 9 each Mowing and Trimming BID/each $ 3, - O�• S 3 SOD. 1 each Weed Control BID $ L r S 2 S. C D O TOTAL ANNUAL BID S � 0 2 J Additional Mowings 0 0 1 each • 1/2 acre BID/each $ 30. C 2D 1 each 1 acre BID/each $ > �• II • bidders awarded a contract In the amount of 55,000 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-1).This report shall be In effect for 12 months from the date received by the luman Relations Department.Any questions regarding the Contract Compliance Ordinance should be directed to Contract Compliance Officers Rita lademar at(402)444-5067 or Tony Acosta at(402)444-5053;however,please refer any questions regarding the REQUEST FOR 8l0 or >PECIFICATIONS directly to the Purchasing Department(402)444-5400 or as shown on bid. (Please Print Liigibly or Type) 'ayment Terms °h. Firm �r^COG r0,--"‘6 S rick Tr'k70 C'C/Q orporratted in )elivery(or completion) Name(2 e`r� G. Signature calendar n /( calendar days following award Title �✓'- u r �� Phone f 1 -2 L(:9 Fax Address_ 2.0, 27?Oo e,A51.„. f`(e ( g /Z-7 Street/P.O.Box City State Zip HP-8B1 (94) • CITY OF OMAHA REQUEST FOR BIDS • ON: GROUNDS MAINTENANCE - QUADRANT #2 RIGHT-OF-WAY • NOT AN ORDER Page 2 QUANTITY DESCRIPTION • UNIT PRICE ) EXTENSION All units are an estimate. The City reserves the right to add or subtract from the contract work based on the unit costs. The estimated quantities will be used to determine the overall lowest and best bid. Certified Applicator's Name \C` ` �.;eJ � ,01C) Registration Card Number 2\-J �� • Expiration Date I / 1 c / 00 INSURANCE The successful contractor shall provide a certificate of insurance indicating adequate workrjnen's compensation,public liability in an amount not less than $300,000 for injuries Including accidental death to any person and subject to the same limit for each person in an amount not less than $500,000 where more than one person is involved In any one accident; and property damage insurance in an amount not less than $300,000, and the City of Omaha as an additional insured, Questions can be answered by Park Maintenance at 402-444-5956. • • SIGN ALL COPIES Firm S Vq✓--,f OC K 6r9. nz\ Eenc.c • By Title 0,, r1 -- PH-8C (91) CONTINUATION SHEET - CONTRACT SPECIFICATIONS GROUNDS MAINTENANCE • QUADRANT #2 RIGHT OF WAY JANUARY 2000 GENERAL This is a grounds maintenance contract to provide for the mowing of the right of way. The contractor should site verify all turf maintenance areas. The areas to be maintained are designated in the attached plan. All tractors and other grounds maintenance equipment that are operated on turf areas shall be equipped with turf type tire tread. The City will inspect and approve all equipment to be used by the Contractor prior to the commencing of the contract. The Contractor will be responsible for storage of all equipment and material and have adequate provisions for storage off the site. GROUNDS MAINTENANCE The attached plan indicates turf areas to be maintained by the contractor. The areas to be maintained include but arr; not limited to medians, areas around and along guardrails, adjacent street right of way, landscape stone embankments and other city owned properties acquired within the quadrant. MOWING SPECIFICATION The turf areas shall be mowed and trimmed as scheduled and as approved by the City. There will be nine (9) mowings scheduled. They are: #1 the second week of May, #2 the fourth week of May, #3 the second full week of June, #4 the last week of June, #5 the third full week of July, #6 the second week of August, #7 the last week of August, #8 the second week of September, #9 the first week of October. The grass shall be mowed as scheduled and approved by the City. In general the grass shall be mowed to a height of 2 1/2 to 2 3/4 inches. All kick-out doors of the mowers shall face away from the street. All streets arid concrete shall be kept clean and free from clippings. All areas that cannot be mowed by mechanical mowers shall be trimmed by hand leaving the areas in a neat and well-kept condition. • Hand trimmed areas may include but are not limited to grass around or along sign poles, barricade posts, street or traffic light bases, guard rails, rock landscaped areas, planted areas, trees retaining walls and fence lines. Grounds Maintenance Right of Way Mowing Quadrant#2 1 Curbs and mow strips shall be kept vegetation free. Vegetation shall not be allowed to grow on any concrete area of maintained islands. Chemical trimming may also be used at the contractor's discretion. A maximum 12 inches wide band of Roundup and Surflan or approved equal may be applied around or along areas where hand trimming would take place. If chemical trimming is used it will be done in place of hand trimming and at no additional charge to the City. No herbicides except Monsanto's Roundup and Elanco's Surflan or approved equal may be used. The application of all herbicides will be performed by a Certified Pesticide Applicator registered in the State of Nebraska. The Contractor will furnish to the City at the time of the bid the name of the certified applicator, the registration card number and certification expiration date. All damage done to sod, trees or planting during mowing or trimming shall be repaired by the Contractor by replacement of sod in damaged areas or replacement of trees or plantings. WEED CONTROL The weed control material used shall be 2-4D with Dicamba or approved equal. This chemical control is to be selective in it application. Chemical treatment and its schedule is to be approved by the Park Maintenance Contract Manager. Generally chemical applications will be made in the spring and fall of the year. All damage done to sod, trees or planting including wild flowers shall be repaired by the contractor by replacement of trees or plantings. The application rate shall be as recommended by the manufacturer with special consideration given to the proximity of plants which might be damaged. The contractor shall notify the Park Maintenance Contract Manager not less that 24 hours prior to the application of all chemicals. All weed spraying be done by a person holding a Certified Pesticide Applicator Certificate issued by the State of Nebraska. The Contractor assumes all risk and will be solely responsible for any damage caused by the application of chemicals. The locations(s) to be treated will be designated by the Park Maintenance Contract Manager. Grounds Maintenance Right of Way Mowing Quadrant#2 2 INSPECTION The Park Maintenance Contract Manager, or this designated representative, may inspect the work of the contractor at any time and may suspend operation, if in his opinion, it is not being performed in a SAFE MANNER, or not in accordance with the contract specifications. The acceptance of an individual unit of work is solely within the discretion of the Park Maintenance Contract Manager. RECORDKEEPING For the purpose of this contract all pesticide applications will follow these regulations. This includes applications of non-restricted use pesticides. As an EPA licensed commercial applicator, you are required to keep records of Restricted • Use Pesticides in Nebraska. These requirements are taken from 40 C.F.R. Section 171.11 (c) (7) and are listed below: A. Name and address of the person for whom the pesticide was applied; B. Location of the pesticide application; C. Target pest (s); D. Specific crop or community, as appropriate, and site for which the pesticide was applied; E. Year, month, date and EPA registration number of the pesticide applied; F. Trade name and EPA registration number of the pesticide applied; G. Amount of the pesticide applied and percentage of active ingredient per unit of the pesticide used; • H. Type and amount of the pesticide disposed of, method disposal, and location of the disposal site. TERMINATION The City of Omaha reerves the right to cancel this agreement for just cause by way of a fifteen (15) day written notice to the Contractor. Grounds Maintenance Right of Way Mowing Quadrant#2 • 3 PAYMENT Payment to the Contractor shall be made as invoicing for services is sent to the Park Maintenance Division at 1523 South 24th Street and the work is approved by the Park Maintenance Contract Manager. LENGTH OF AGREEMENT This agreement will be for one year period ending December 31, 2000. SUBCONTRACTING Each bidder must have sufficient employees and equipment to perform the requirements of this contact. No subcontracting will be allowed without the prior written consent of the City. • Grounds Maintenance Right of Way Mowing Quadrant#2 4 • DESCRIPTION EACH UNIT PRICE EXTENSION MOWING TRIMMING 9 WEED CONTROL 1 TOTAL ADDITIONAL MOWINGS • %2 ACRE Each 1 ACRE Each The above units are an estimate. The City reserves the right to add or subtract from the contract work based on the unit costs. The estimated quantities will be used to determine - the overall lowest and best bid. Certified Applicator's Name Registration Card Number Expiration Date SQUAD 1/2000 Grounds.Maintenance Right of Way Mowing Quadrant#2 5 • RIGHT OF WAY MOWING • QUADRANT #2 MAP KEY • 1. On California east of 48th Street approx. 601 North 48th Street (lot) 2. Saddlecreek and Dodge (Capitol) island and guard rail north side 3. Saddlecreek and Dodge south side island west of 44`h Street north side of Dodge 2 islands between Dodge and Capitol east of Saddlecreek and guardrail w.s. 4. Happy Hollow Blvd. and Chicago Street island 5. 52"d Street and Davenport Street island 6. 66`h Street and Davenport Street island 7. 66th Street and Underwood Avenue island 8. 68th Street and Underwood Avenue island 9. 69`h Street and Davenport Street island 10. 56th Street and Howard Street island 11. 58`h Street and Happy Hollow Blvd. island 12. 57th Street and Emile Street island 13. 52nd Street and Jones Street 14. 57th Street and Marcy Street island 15. Dodge Street and West Dodge Road island 16. On 72"d Street from. Pacific Street to Mercy Road w.s. 17. On 72nd Street from approx. Woolworth to Hickory e.s. 18. 65th Avenue to 74th Street & Mercy Road to Oak 19. On West Center Road from 74th to 82"d Avenue south side 20. On West Center Road from 80`h Street to 84th Street n.s. 21. On 72"d Street from Oak Street to F Street r/w and islands 22. South of 84`h & Grover Papio Creek bridge all sides 23. 84th Street & I-80 n.e. side Frontage Road from 84th Street to Papio Creek 24. From 82"d &Nina south then east on D Street to 75`h St. n.s. 25. On 72"d Street from Grover to B Street e.s. 26. On 70`h Avenue at B Street nw and sw corners 27. 66th Street & Grover, fenceline north side Papio Trail • 28. On Grover Street between 59th & 60th Streets s.s., then approx. 59`h • south to A Street and 59th Street to 56th Street on A s.s. 29. On 60th Street from Grover Street to I Street b.s. and islands 30. On 50th Street from C Street to south of RR 31. From 43rd Street & A Street to Grover Street and 42"d Street r/w from Grover to I-80 b.s. street to fence 32. On 57th Street north of Dayton Street w.s. and on Dayton east of 57th Street s.s. 33. On 60th Street from P Street to Q Street w.s. 34. SW corner of 60`h & Q Streets 35. On 60th Street from Harrison Street to RR property w.s. and open area at 60`h & Harrison Streets. 36. On Harrison Street west of 61st and between 52nd Avenue and 53rd n.s. 37. On 72"d Street from M Street to Federal Express e.s. 38. On 84th Street from L Street to Park Drive w.s. 39. 33`d Street and Cuming Street n.e. and s.w. corners 40. 30th & Cuming Street n.e. 41. On 30th Street from Burt to Chicago w.s. approx 60' wide 42. From 30`h Street to 31st Street between Capitol Avenue and Chicago Street 43. On 29`h Street from Dodge to Martha outside I-480 fence 44. 29`h & Martha Street I-480 fence. 45. On 29th Street from Ed Creighton Avenue to Arbor I-480 fence 46. 29th & Clarkson Avenue to Bancroft outside I-480 fence 47. 29th & Elm outside I-480 fence 48, 29th & Oak outside I-480 fence 49. On 28th Avenue from Bancroft to Vinton Street w.s. 50. On 27th Street '/z block north of Bancroft 51. On Dean Street west of 271h Street at dead end 52. N.E. side of 28th,& Hazel . 53. On 28th Street from Hazel to Farnam I-480 fence w.s. 54. Between 27th & 28th Street north of Martha 55. East of 27`h Street between access road and Martha • 56. 24th and Martha southeast corner vacant lot 57. On Martha from 24th Street and viaduct s.s. 58. East of 28`h Street, north of Howard, vacant lot behind houses. 59. 27`h Avenue from Farnam to Dodge, including island east side of 28th Farnam to Douglas 60. On 24th Street from Dodge to Cass islands and 4 corner of 1-480 and 24th Street 61. On Cass Street from 24th Street to 20th Street s.s. 62. On Chicago Street from 24th Street to 20th Street n.s. 63. On 20th Street from Cass to Capitol e.s. and all grass areas south of Cass to Capitol e. of 20`h Street [parking lots] • 64. On Capitol between 19`h & 20th Streets islands and r/w 65. On Davenport from 10th Street to 9`h Street b.s. 66. On Capitol from 8th Street to 10th Street then south on 10th to Dodge r/w and islands 67. On 8th Street from Douglas to Capitol Street r/w and vacant areas 68. On Douglas from 8'h Street to 10`h Street including b.s. of I-480 entrance ramp 69. On 9`h Street between Jones & Leavenworth e.s. 70. 10th & Leavenworth n.w. & s.w. corners 71. Bridge area east of 10th Street and south of Leavenworth 72. Vacant area south of Leavenworth between 11`h & 13`h Street 73. On 24th Street south of St. Marys —islands • 74. West of 2305 Leavenworth—vacant area from bldg. to street 74a. On Mason east of 20`h and along 19th Street guardrail 75. Forest Avenue and 8th Street island 76. 2300 South 6th e.s. vacant lot 77. On Spring Street from 1st Avenue to Riverview Blvd. n.s. and from • 3rd Street to Riverview Blvd s.s. and on Funston from 3rd Street to Spring • 78. On Frederick Street from 1.1`h Street to 13`h Street outside fence 79. 10th Street and Frederick ne and nw corner and rw east side of 10`h • up to 2761 South 10th—w side of 10th to 2764 South 10th Street 80. South of Frederick Street from 9`h Street to 10`h Street - Frederick to I-80 except 3006 South 9`h•Street including fenceline at I-80 and 9th Street 81. 42nd Street and D Street to Interstate fence r/w b/s/ and island. 82. From 3121 South Ath Street west to 41S` Street and A Street along I-80 83. Vacant lot south of 3164 South 40th Street 84. Both sides of bridge located south of 3521 South 36th Street 85. Behind 3521 South 36th Street vacant lot and along 1-80 fence. 86. East side of 32°d Avenue north of bridge and on Valley — 32"d Avenue to - 34th Street s.s. 87. On Hascall from 3 IS` to 32nd Street outside fence 88. On 30`h Street from Frederick to Spring w.s. 89. Oak (4th Street) between Funston and Riverview.Blvd. s.s. 90. On 13th Street from Deer Park Blvd. to 13th Court. w.s. • 91. Vacant lot south of 3326 South 19th Street and 19th Street along I-80. 92. Vacant lots south of 3508 South 21St Street and along Grover Street& I-80 [lots run from 21St Street to Hoctor Blvd.] 93. On 23rd Street south.of Deer Park Blvd along 1-80 fence. • 94. Both side of bridge at 28th & Vinton 95. All 4 corners of Bridge at 20th & A Street 96. Behind 1902 A along I-80 and to the west along Ontario to 20`h Street and on A Street from 20th Street to Hoctor Blvd. n.s. 97. South of Valley between 24`h & 25`h along I-80 and on 24th Street from Valley to B Street b.s. including bridge areas. 98. On Miller north of Mid City Avenue approx. 2 blocks 99. Along I-80 fence from 27`h & D to approx 25th & B and vacant area south of • 3728 South 27th Street 100. Along Kennedy Freeway from 27th & E•to 25th & Q Streets includes along all bridges 101. On Missouri Avenue from 15th Street to 16th Street along guardrail 102. On Missouri Avenue west of 20th Street n.s. along guardrail 103. On Q Street from 24th to 25th s.s. and on 24ih Street from Q Street to S Street w.s. 104. From 5438 South 241" Street to 201" & Washington along Kennedy Freeway 105. Along Railroad Avenue from U Street to Washington St. e.s., vacant lots, and r/w's. and between 'Y & Z Street 201" Street to Railroad Avenue vacant lots and r/w's. 106. On W Street between 171" & 181" Street s.s. 107. From Washington Street to Drexel Street west of Railroad Avenue under Kennedy Freeway includes west side of railroad tracks and cul-de-sac east of 215( and Madison Street 108. SE corner Railroad Avenue and Jefferson Street vacant lot 109. SE corner Railroad Avenue and Madison vacant lot 110. East of 301" Street south of Washington Street Wilson Circle islands 111. 42nd & Q Street all islands and all guardrails 112. 42nd Street & Hillsdale Avenue overpass b.s. 113. On L Street from 381" to 391" southside of bridge between bridge & street and south side faces road from curb to private property. Island at 381" Street, under bridge w.s., n.s. of bridge area between access road and bridge w.s. side of 391" Street fire hydrant area. • 114. On L Street from 361" Street to railroad tracks s.s. and on 361" Street from L Street to Edward Babe Gomez Avenue w.s. 115. NE side of L Street and Dahlman Blvd. 116. On 271" Street from Q Street to R Street e.s. and island at 271" & R Street 117. On 261" Street along Kennedy Freeway from N to Q Street and north of M to L Street east of 27`" Street along Kennedy Freeway. 118. On Buckingham b.s. south of 4222 and on 291" Street north of 4222 to F Street e.s. 119. From F to D Street and from 291" Street to Kennedy Freeway and w.s. of 291" Street from D Street to F Street and from B to D from 281" Street to Kennedy Freeway. 120. On F Street from 291" to Burlington Street b.s. including bridges and on Burlington Street north of F Street approx. 2 blocks e.s. and n.e. side of 361" & H Streets triangle area CONTRACT THIS CONTRACT is entered by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, also referred to as "City" or "Owner" and Shamrock Grounds Maintenance with its principal place of business at P.O. Box 27300, Ralston, Nebraska 68127, also referred to as "Contractor". RECITALS WHEREAS, the City of Omaha is desirous of obtaining necessary services to maintain the parks and parkways as identified in the Quadrant #2 Street Right-of-Way Contract Specifications attached hereto as part of the bid documents; and, WHEREAS, the Contractor is capable of and desirous of performing in a good and workmanlike manner such services as are set forth herein and in the bid documents included by reference as part of this contract, IN CONSIDERATION OF THESE MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: I. Additional Contract Parts It is understood that: 1. The notice inviting Contractors to bid as published; 2. The instructions to bidders; 3. The contractor's qualifications statement; 4. The contract specifications; 5. The form of proposal; 6. All proceedings by the governing body of the City relating to this project; and, 7. All addenda are a part of this contract the same as if each had been fully set out and attached hereto. II. Duties. The Contractor shall provide all necessary men and materials to complete the work as identified in this contract and the addenda thereto; and shall pay all just claims for materials, supplies, tools, fuels, lubricants, equipment, equipment rental, machinery, insurance premiums, and services used or consumed in the completion of the work by him or any of his subcontractors. - 1 - III. Term. This contract shall be for a one year period ending December 31, 2000. The City reserves the right to extend this contract for a period of one additional year at the same bid price. Maximum extension - one time(2001). The City reserves the right to terminate this contract for cause upon providing fifteen (15) days written notice to the Contractor. IV. Consideration. For and in consideration of the terms and conditions of this Contract, the City shall pay the Contractor pursuant to the unit costs that are contained in the specifications. V. Provisions of the Contract. 5.1 Equal Employment Opportunity Clause. Annexed hereto as Exhibit "A" and made a part hereof by reference are the equal employment provisions of this contract. Refusal by the contractor or subcontractor 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 or subcontractor is in compliance with the provisions of this contract; 2. Refusal of all future bids for any contracts with the City of any of its departments or divisions until such time as the contractor or subcontractor demonstrates that he has established and shall carry out the policies of the program as herein outlined. 5.2 Non-Discrimination. 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, color, sex, age, political or religious opinions, affiliations or national origin. 5.3 Captions. Captions used in this contract are for convenience and are not used in the construction of this contract. 5.4 Applicable Law. Parties to this contract shall conform with all existing and applicable city ordinances,resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this contract. - 2 - 5.5 Interest of the City. 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 the Council. 5.6 Interest of the Contractor. The Contractor covenants that he 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; he further covenants that in the performance of this contract, no person having any such interest shall be employed. 5.7 Merger. 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. 5.8 Modifi.cation. 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 partner. 5.9 Assignment. The Contractor may not assign its rights under this contract without the express prior written consent of the City. 5.10 Strict Compliance. 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 authorized representative. 5.11 Approval of Amendments. 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. I I - 3 - 1 • 5.12 Insurance requirements. A. Worker's Compensation Insurance. The Contractor shall take out and maintain during the life of the Contract, insurance for all of his employees employed at the site of project protecting the Contractor from all liability that may be imposed under the Worker's Compensation Act, the Occupational Disease Act or other legislation of similar nature. B. Public Liability and Property Damage Insurance. The Contractor shall take out and maintain, during the life of the Contract, such public liability and property damage insurance (including Contractor's contingent or protective insurance, if necessary, to protect the Contractor from damage claims arising from operation under the contract) as shall protect him and his subcontractors from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under the Contract, including operations of automotive equipment used in making deliveries or in the work, whether such operations by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. The City of Omaha must be expressly included as an additional named insured. The amount of such insurance shall be as follows: Public Liability Insurance in an amount not less than $300,000 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $500,000 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. VI. The Contractor shall indemnify and save harmless the City of Omaha, its officers, employees, and agents from all claims, suits or actions of every kind and character made upon or brought against the said City of Omaha, its officers, employees and agents, for or on account of any injuries or damages received or sustained by any party or parties by or from the acts of the said Contractor or its servants, agents and subcontractors in doing the work herein contracted for, or by or in consequences of any negligence in guarding the same or any improper material used in its construction, or by or an 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. • -4 - • VII. Authorized Representative. 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 Parks, Recreation and Public Property Department Omaha/Douglas Civic Center 1819 Farnam Street, Room 701 Omaha.,Nebraska 68183 2. Contractor Shamrock Grounds Maintenance P.O. Box 27300 Ralston, Nebraska 68127 EXECUTED this 1-7 day of `d ,�� .� , �� ATTEST: !!//SHAMROCK GROUNDS MAINTENANCE _�--- By ( fitness) EXECUTED this f/_day of ,, . ATTEST.: • C Y OF • HA, a icipal Corporation B y City Cler"k Mayor APPROVED AS TO FORM: f ). 61/ City Attorney P:\PRPP\9302sap.doc - 5 - EXHIBIT"A" During the performance of this contract,the contractor agrees as follows: (1) The contractor shall not discriminate against any employee applicant for employment because of race, religion, color, sex or national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The contractor 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 Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the.word "treated" shall mean and include, without limitation, the following: Recruited, whether advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. (2) 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, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. (3) 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 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) 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 section 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 contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. (5) 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 (1) through (7) herein, including penalties and sanctions for noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the city, the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate these provisions [of this division]; and in the case of contracts receiving federal assistance, the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States. (6) 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. (7) The contractor 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. exbc • • 2 • FIPR 06 '00 12:48PM CITY OF OMAHA FURCH 402 444 5423: " P. 'C >< > DATE 4 � : IDDYI •:,:>: •::: ::;'„` : :::; : THIS CERTIFICATE IN ISSUED AS A MATTER OF INFORMATION p1O°�� NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Comprehensive Ins Services IncZcy HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR 30300 Greater Nebraska Ins �lgacy ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW Omaha So 8681 Street COMPANIES AFFORDING COVERAGE Omaha NE 681Z4 Maria L. Campbell AANY United lire Group Pl.o,wNo. 402-393 3Z54 Floe. 4O2-393-;10 Munn COMPANY I COMPANY Shamrock Grounds Maiatenanel■ P.O. Boa 27300 COMPANY Ralston, NE 68127-0300 0 ;00Y IOFTo CERTIFY ,•.POLICIES ES .,., THIS IS TO CERTIFY THAT THE POLICIES OF INSURE NCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITthSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN,TI-E 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. I lOYCY POLICY WIMRATION ialETS t.T�R TYPE OF iNiIEIANCF POI ICY MIME" amUMMJDOIYYl DATE IMIM/DDIYY) aENMAL GENERAL AGGREGATE 4200,000 M. A Y COMMeR5R cua.of/MAL umuTY PBNDI7* - 02/17/00 02/17/01 PRooUt:TS•COMPKIP AGO a ZO , 000 PERSONAL et ACV INJURY $100,000 �CLANS MAD! ®OCCUR EACH occUPatlNCE t I00 r 000 OtMHQI'S a CONTRACTOR'S PROT EACH DAMAGE(Am ono Orel t 50,000 _ MED EXP(Any on.ou.onl 16,000 AUTDMOERtuAsiUTY COMBINED SIMILE LIMIT s 300,000 ANY AUTO PENDING 02/17/00 02/17/01 AU.OWNED AUTOS SODILY INJURY $ Wee Senonl A z SCHEDULED AUTOS A X HIRED AUTOS AMPLY INJURY t (P.,aee;dentl A Z NON•OWNED AUTOS PROPERTY DAMAGE $ AUTO ONLY•EA ACCIDENT I OARAOE UASt OTHER THAN AUTO ONLY ::%:i : ANY AUTOO H . EACH ACdO£NT AGGREGATE I II EACH OCCURRENCE I MSS UASILITY AGGREGATE S UMERELLA FORM g7+j [ ,t .. .. . OTHER THAN UMERV.LA FORM Z ioRY u'M1�rE Loa• '' Y `' %" ::' WAPL WI l UMIUTY EL EACH ACCIDENT 1 1100,000 )♦yI/IAyMi'UAEIIiTY A THE PROPjETON/ + O ma. PENDINC 02/17/00 02/17/01 EL Ot5PASE-POLICY LIMIT j s 500,000 ARTNEEISIEXECUTIVe Bamuse•EA EMPLOYEE I s 100,000 rncplE AMU °X� amuse OTHER A xxsCEr.L. TOOLS PENDINII 02/17/00 02/17/01 TOOL $800 DSSO1eFflON OP GPERATIONS/LOCATIONErvellCLSNiP outs.MIAs •• $ ► 1�t( ' LAWN MAINTENANCE AND SNOW REMOVAL - CITY IN LISTED AS ADDITIO ' , :'( / l/i 0�� UNDER TRIO POLICY / (( A5$ISTANT GM ATTORNEY 4CF�►71�tQAT$ �.:��s•: ' :,; v ......>.......A:.....:.,... ;�;. :Ct�1,�,E1.#.. ..:.:.,:^'•r�`..:..: l;; ;: v:s:�.<`. .'.. ,w - ,5 CITY OF MOULD ANY Of THE Amami Dl6OMsso POUCHESEEDANCEDEEE'ONET E CITY OF MARA EXPIRATION DATE THMODP,THE tuUNG COMPANY WILL ENDEAVOR TO MAIL ADDITIONAL INSURED 10 DAY%w sTram NOTICE TO rigs OEIIt7PICATE Noway N•MED To THE LOT• PURCEASING DEPARTMENT SILT FAILURE TO MAIL SUCH NOT1ct SHALL IMPOSE NO OEUOATION OR UAEIUTY 1819 FAMINE STREET #1003 of A UPONNY ON TSIE CQgVANY/RS JjO 11 R mq lr�Ai • O)Q1UA NE 68103 q T V6��`• ,,,�15 !" �7 r ;Rom;,: >�- .�jlF#vi0�th�'1t4H"S98E . h: , coax... C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr May 2, 2000 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on March 13, 2000, for grounds maintenance of the Quadrant#2 right-of-way mowing; and, WHEREAS, Shamrock Grounds Maintenance submitted the lowest bid in the amount of$36,025.00; and, WHEREAS, Shamrock Grounds Maintenance 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 contract and approval of this bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the bid of Shamrock Grounds Maintenance in the amount of $36,025.00, which represents the estimated bid for grounds maintenance of Quadrant#2 right-of-way mowing, being the lowest and best bid received within bid specifications, which are, incorporated herein by this reference, is hereby accepted, and the attached contract is hereby approved. Funds shall be paid from 2000 funds in the General Fund No. 001, Agency No. 120, and Organization No. 1216, Right of Way Maintenance. The Finance Department is authorized to pay the cost from these accounts. APPROVED AS TO FORM: CITY ATTORNEY DATE P:\PRPP\9309sap.doc G214 047- 14-mLaaL B y Councilmember Adopted MAY 2 2000 7_.0 FBI .Ci lerk .,�_ ..-U;`Y Approved.. • ... . ... to al al � '' Mayor b PP4o �c'�sova cr. \ . 0 o.ora 0 CD cD 0 O 0 . ,- 0 Q- =• ►r, cA a ° 0 cD. w • a O W4il: ai p, * a a cn O o p, n "� a n zcr vCD o 'JZ ,_.. 0 g cD � � pPr0 0o _ °-11 Ntr4 ;,, A A.ao �+ O n CD a cs \, o C7 v Z 'rs 0 cD b o- CD O' •O O' o Ili o O "5 • CD CD 0 4. () ,, P. CD tro 0 v) CT CD v) ".0 Q. = v) CD o- CD .*, CD CD CD