RES 1999-1125 - Contract with High Plains Power Systems for portable emergency generator = , ;. 0/A AHA ,vez.
_ Administrative Services Department
cif 1 rf
R E C E I ; E D Omaha/Douglas Civic Center
p f s+.►l,e 1819 Famam Street,Suite 706
-A r C �`1 �V'""'� s�
0 99APR l 6 Pit to Omaha,Nebraska 68183-0706
� (402)444-3814
OiED rtaix � CITY
FAX(402)444-5903
0 H A, E d rt A S j A Patrick J.McPherson
City of Omaha Director
Hal Daub,Mayor
Honorable President
and Members of the City Council,
Transmitted herewith is a Bid Tabulation and a Resolution authorizing the award of a contract to
High Plains Power Systems for Portable Emergency Generator for Police Headquarters project.
The following bids were received on January 20, 1999.
Contractor Total Bid
HIGH PLAINS POWER SYSTEMS $ 93,882.00 (LOW BID)
Interstate $102,350.00
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.
The Finance Department is authorized to pay the cost of Portable Emergency Generator for Police
Headquarters project from the General Fund 001, Agency 132, Organization 1345.
The Administrative Services Department recommends the acceptance of the bid received from High
Plains Power Systems, in the amount of$93,882.00, being the lowest and best bid received, and
requests your consideration and approval of this Resolution.
Respectfull submitted, Referred to City Council for Consideration:
V/34/
Patrick J. McPherson Date Mayo s O face/Titl ate
Director ,
Appro ed: A roved:
t.enx.41^-) 09.?
A. D' of Date eor a is;Jr.0 th• ate
uis g ,
finance Director-gq Human elations Director
App oved:
L 4114171
D nald W. Carey, Police Chief 1 Date
' 1
P:\ASD\9056.SKZ
•
CONTRACT
THIS CONTRACT, made and entered into this 7 day of --'/ A.D., 19
by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party
of the first part and hereinafter called "OWNER", and High Plains Power Systems with principal
place of business at 1207 Cass Street, Omaha,Nebraska 68102,hereinafter called "CONTRACTOR":
WHEREAS, said Contractor did, under date of January 20, 1999, submit a proposal to
construct as outlined in the proposal the Portable Emergency Generator for the City of Omaha, for
the sum of$93,882.00 (Ninety Three Thousand Eight Hundred Eighty-Two and No/100th Dollars),
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.
WHE AS, he aforesaid proposal of Contractor was accepted by Resolution No. //0 5,
adopted / d. /f 7 , 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
Portable Emergency Generator, 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 Portable
Emergency Generator, 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 Police Headquarters in 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 Portable Emergency Generator, in accordance with the aforesaid plans,
specifications and addenda, and agrees to do so for the sum of$93,882.00.
e. Owner agrees to pay Contractor said amount of$93,882.00 in accordance with the
provisions of the aforesaid specifications, addenda and proposal of the Contractor
accepted by Owner.
~ a
g-6. Contractor shall pay to the Unemployment Compensation Fund of the State of
Nebraska unemployment contributions and interest due under the laws of the State
of Nebraska on wages paid to individuals employed in the performance of this
Contract, and shall submit to the City of Omaha a written clearance from the
Commissioner of Labor of the State of Nebraska 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
- 3 -
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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 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, make 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.
i. The Contractor shall procure a policy,or policies,of insurance which shall guarantee
payment of compensation according to the Worker's Compensation laws of Nebraska
for all workers 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
($75,000) or more, shall be approved by the City Council in advance of the
acceptance of any purchase in excess of such limits or the authorization of any
additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council. The
originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the City
- 5 -
Fr
• SECTION IV r
BOND 08413055
`�` • "� PERFORMANCE, PAYMENT AND MAINTENANCE BOND
High Plains Power Systems-division
KNOW ALL MEN BY THESE PRESENTS: That eb ayk Ma Jr i ner _C_ainnany
Omaha, Nebraska, hereinafter called the Principal, and Fidelity a n d Deposit c o mp a n y
of Maryland hereinafter called the Surety; are held and firmly
bound unto the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, hereinafter
called the Owner,in the penal sum of Ninety-three Thousand Fight_Htlru3re.d_Eighty—
Two Dollars R n0/cents _ ($qR, RR2.00* __), lawful money of the United States of
America,to be paid to the Owner for the payment whereof the Principal and Surety hold themselves,
their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these
present. .
WHEREAS, the Principal has,by means of a written Contract dated the_ 5 th_____day
of April 19 99 ,entered into a Contract with the Owner for the construction by the -
Principal;a44s Contractor, of
one( 1 ) 3Stand-By__Generator Set, located at _ _,
all in Omaha,Douglas County, Nebraska, for the City of Omaha, in accordance with the plans and
specifications prepared for Owner, which Contract is made a part hereof by reference thereto the
same as though fully set forth herein:
NOW,THEREFORE, the conditions of this obligation are such that:
•
FIRST: If the Principal shall faithfully perform the Contract on his part, shall satisfy all
claims and demands incurred for the same, shall fully indemnify and save harmless the Owner from
all cost and damage which said Owner may suffer by reason of failure so to do, and shall fully
reimburse and repay said Owner all outlay and expense which said Owner may incur in making good
any such default; and,
SECOND: The Principal 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 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 performing under said Contract, 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 for infringement of any patent in fulfilling said
Contract; and
• THIRD: The Principal and Surety on this bond hereby agree to pay all persons, firms or
corporations having Contracts directly with the Principal or with subcontractors all just claims due
them for the payment of all laborers and mechanics for labor which shall be performed, for the
payment of all materials and equipment furnished, and for the payment and equipment rental which
is actually used or rented in the performance of the Contractor on account of which this bond is
given,when the same are not satisfied out of the portion of the Contract price which the Owner may
retain until completion of the construction; and,
IV-1. ,
(
_r\ •
FOURTH: The Principal shall guarantee all materials, workmanship, and the successful
operation of all equipment and apparatus installed by him for a period of one (1) year from the date
' of final acceptance of the whole work, and shall
guarantee to repair or replace, at his own expense,
any part of the structures or apparatus which may show defect during the time,provided that such
defect is, in the opinion of the Architect, due to imperfect material or workmanship, and not to
careless and improper use:
Then this obligation shall be null and void; otherwise, it shall remain in full force and effect.
Any Surety on this bond shall be deemed and held, any Contract to the contrary
notwithstanding, to consent without notice:
1. To any extension of time to the Principal in which to perform the Contract.
2, To any change in the plans, specifications or Contract, when such change does not
involve inicrei se of More than'twenty percent(20%)•of the total Contact price,
and shall then be released only as to such excess increase.
3. That no provision of this bond or of any other contract shall be valid which limits to
less than five (5) years from time of acceptance of the work to sue on this bond for
defects in workmanship or material not discovered or known to the obligee at the
time such work was accepted a
SIGNED AND SEALED the 7 t h day o fAp r i l .A.D., 19 9 9 in the presence
of:
1Zl
ontractor irm N. e)
Witness eptic
rts
COUNTER SIGNED:
Fidelity and Deposit Company of
Maryl d
Resident Agent Attorney-In- 46G3'
APPROVED AS TO FORM:
CALgLaA/C,: -b
(Ar/071-,
City Attorney n
ct-
P:W SD\STORED10002.FMT
IV-2 R
f-
y
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE.BALTIMORE•MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland,by C.M.PECOT,JR.,Vice-President,and C.W.ROBBINS,Assistant Secretary,
VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof a in nd aree hereby certified to be grantedursuance of authority n full force
and effect on the date hereof, does hereby nominate, constitute and appoint Samuel V. Thomas and Dianne L.
Miller, both of North Platte, Nebraska, E orce
its true and lawful agent and Attorney-in-Fact,to make,execute
any and all bonds and undertakings, e n adelivc `r • d on its behalf as surety,and as its act and deed:
HUNDRED THOUSAND DOLLARS ($500,000). V P y not to exceed the sum of FIVE
And die execution of such bonds or undertakings in p ��of thes c
Anamdly, to all nts and purposes,a if theyet had bee :�, x e ts, shall be as binding upon said Company,
at its office in Baltimore, Md., in their own prope `.ns.a Th r owledgd by the regularly elected officers of the Company
Q ;•wee of attorney revokes that issued on
behalf of Samuel V. Thomas, et:�. :_tee
The said Assistant Secretary does hereby ce :�vnrt the ex 2, of the By-Laws of said Company, and i• Vit �forth on the reverse side hereof is a true copy of Article VI, Section
� v in force.
IN WITNESS WHEREOF, the said Vice-�-.ident an. t.,
Corporate Seal of the said FIDELITY • �^ istantSecretary havehereunto subscribed their names and affixed the
November A.D. 1 ( ��'EPOSIT `, Y OF MARYLAND, this 22nd
day of
40)
°°`'°' . FIDE Y AND, •3SIT COMPANYMARYLAND
,--j
ATTEST: OF
Ass µ•F+ eretary By
STATE OF MARYLAND \ Vice-Pees. rnf
COUNTY OF BALTIMORE I SS:
On this 22nd day of November
commissioned and qualified, came C. M. PECOT,JR., Vie President and C.efore the bW subscriber,
Asssutant Secretary of the FIDblic of the State of E ITY AND
DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding
FIDELITY AND
instrument,and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth
and saith, that they are the said officers of the Company aforesaid,and that the seal affixed to the precedingCorporate
Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed a d instrument
bed tothesaid
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
ce d N lam/
g• AROL J. FADER
' , Notary Public
My Commission Expires_ ___ August L 1996_____
CERTIFICATE
I,the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially
authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this --_ZLh
day of April , 19 99
L 1428c Assistant Secretary
088-3590
..41\-:-.1(- 0
f -
CORD: CERTIFICATE OF LIABILITY INSURANCEsB 1 DATE(MMlDD/YY)
04/07/99
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
' Sam Thomas Insurance, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P.O. Box 1495 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
North Platte NE 69103-1495 COMPANIES AFFORDING COVERAGE
COMPANY
Phone No. 308-532-3813 Fax No. 308-532-7617 A CNA Insurance Companies
INSURED COMPANY
B
Nebraska Machinery Company COMPANY
High Plains Power Systems C
Nebraska Lift Systems ------—- ——
401 North 12th Street COMPANY
Omaha NE 68102 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 TYPE OF INSURANCE POLICY NUMBER i POLICY EFFECTIVE POLICY EXPIRATION i LIMITS
LTR DATE(MWDD/YY) DATE(MM/DD/YY)
' GENERAL LIABILITY BODILY INJURY OCC $
A XX COMPREHENSIVE FORM L136112862 01/01/99 01/01/00 ; BODILYINJURYAGG $
PREMISES/OPERATIONS PROPERTY DAMAGE OCC $
UNDERGROUND • PROPERTY DAMAGE AGG $
X , EXPLOSION&COLLAPSE HAZARD _ _
X PRODUCTS/COMPLETED OPER BI&PD COMBINED OCC $ 1,000,000
X : CONTRACTUAL EI&PD COMBINED AGG $ 2,0 0 0,0 0 0
• X • INDEPENDENT CONTRACTORS I PERSONAL INJURY AGG $ 1, 000,000
X ' BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY
I AUTOMOBILE LIABILITY
_ BODILY INJURY $
A ; X ANY AUTO L136112876 01/01/99 ' 01/01/00 (Per person)
ALL OWNED AUTOS(Private Pass)
_X BODILY INJURY
ALL OWNED AUTOS •(Per accident) $
X I(Other than Private Passenger) I,
X HIRED AUTOS ' L136112876 01/01/99 . 01/01/00
--- PROPERTY DAMAGE $
X ' NON-OWNED AUTOS
X ' GARAGE LIABILITY -BODILY INJURY&
-.- ' PROPERTY DAMAGE $ 1,000,000.
i COMBINED
. EXCESS LIABILITY I ' EACH OCCURRENCE $ 10,0 0 0,0 0 0.
t-
A -1 UMBRELLA FORM L136112909 01/01/99 1 01/01/00 AGGREGATE $
OTHER THAN UMBRELLA FORM I I $
WA WORKERS COMPENSATION AND X ORYTLIMITS _�ER-,- .- —_
A • EMPLOYERS'LIABILITY EL EACH ACCIDENT _$_5 0 0,00 0._ _
THE PROPRIETOR/ I_____ INCL WCL136112893 01/01/99 01/01/00 EL DISEASE-POLICY LIMIT $ 500,000.
PARTNERS/EXECUTIVE
OFFICERS ARE: I EXCL WCL136112893 01/01/99 01/01/00 EL DISEASE-EA EMPLOYEE $ 500,000.
OTHER I
'
A Bldg & Contents L136112862 1 01/01/99 01/01/00 Blanket 9,082,693
Coverage 500 Ded.
I I
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
The City of Omaha has been added as Additional Insured as res.- •contract
with Nebraska Machinery Company and the City of Oma•,'' '.',% •. TO s-
Stand-by Generator Set. ,
r/ AsSt6TANT CM ATTORNEY
CERTIFICATE HOLDER : CANCELLATION
CITYOMA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
City of Omaha BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
1819 Farnam Street, Suite 706
Omaha NE 6 818 3-0 7 0 6 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATI S.
AUTHORIZED RE ESENTATIVE
ACORD 25-N�1/95) �� 4 D CO:•ORATION 1988
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c-25A' CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr - 19
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, bids were received on January 20, 1999 for Portable Emergency
Generator for Police Headquarters project; and,
WHEREAS, High Plains Power Systems submitted a bid of$93,882.00,being the
lowest and best bid received for Portable Emergency Generator for Police Headquarters project.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, the bid of $93,882.00 from High Plains Power Systems for Portable
Emergency Generator for Police Headquarters project, being the lowest and best bid received be
accepted and the contract awarded.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the cost of the Portable
Emergency Generator for Police Headquarters project from the General Fund 001, Agency 132,
Organization 1339.
APPROVED AS T FO .
ASSIS T CITY ATTORNEY DATE
P:\ASD\9057.SKZ
By 71:fit41449e
Councilmember
Adopted �R 2 7 1999/Xe)-e--/-
O
City Clerk
Approved /X21*.
ACTING Mayor
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