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RES 1999-0943 - Contract with Vierregger Electric Company for electrical modifications at Brandeis Indoor Tennis pavilion project 7640,,,A., 4 • 0 „ pe., #v:Y__3 �,,�AHA,Arks ��F`\ e�1 • RECEIVED Administrative Services Department Omaha/Douglas Civic Center �� 1819 Farnam Street,Suite 706 MiLintiaa �� �� � `�0 Omaha,Nebraska 68183-0706 o :,,, 1 - _ (402)444-3814 og ` - CITY CLERK FAX(402)444-5903 4rFnFEBO' alA, • .DRAC ,1 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 Vierregger Electric Company for Electrical Modifications at Brandeis Indoor Tennis Pavilion project. The following bids were received on February 24, 1999. Contractor Total Bid • VIERREGGER ELECTRIC COMPANY • $42,163.00 (LOW BID) Omaha Electric Service $57,867.00 Midlands Electrical $63,862.00 1 OK Electric $69,775./00 Donovan Electric, Inc. $71,778.00 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 Electrical Modifications at Brandeis Indoor Tennis Pavilion project from the Park Bond Fund 357, Agency 120, Organization 1295, Activity 8310. 1 f 4 Honorable President and Members of the City Council Page 2 • The Administrative Services Department recommends the acceptance of the bid received from Vierregger Electric Company, in the amount of$42,163.00,being the lowest and best bid received, and requests your consideration and approval of this Resolution. • Respectfully submitted, Referred to City Council for Consideration: C IV ,747 L Patrick J. McPherson Date Mayor's Office/Ti e D to Director . oveu Appr ved: -----.6,--L:A. -/4---CD-, /'� �7 .eat- .� 3ll �y Louis A. D'Ercole ate George . is, Jr. Date Finance Director Human Relations Director A ed 2/0Z 7/77 J es P. Cleary, Directo Date arks, Recreation&Pub Property P:\ASD\9007.SKZ • CONTRACT THIS CONTRACT,made and entered into this /9 Yiday of A.D., 19 y, by and between the City of Omaha, a Municipal Corporation in Douglas ou ty, Nebraska, party of the first part and hereinafter called "OWNER", and Vierregger Electric Company with principal place of business at: 4407 South 139th Street, Omaha, NE 68137, hereinafter called "CONTRACTOR": WHEREAS, said Contractor did, under date of February 24, 1999, submit a proposal Electrical Modifications and Lighting Maintenance at Hanscom Park/Brandeis Indoor Tennis Pavilion for the City of Omaha, for the sum of$42,163.00,Forty Two Thousand One Hundred Sixty Three and no/Hundredths 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. WHERE S, th aforesaid proposal of Contractor was accepted by Resolution No. 913, adopted , 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 Electrical Modifications and Lighting Maintenance at Hanscom Park/Brandeis Indoor Tennis Pavilion, 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 Electrical Modifications and Lighting Maintenance at Hanscom Park/Brandeis Indoor Tennis Pavilion, 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 Hanscom Park/Brandeis Indoor Tennis Pavilion 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 Electrical Modifications and Lighting Maintenance at Hanscom Park/Brandeis Indoor Tennis Pavilion, in accordance with the aforesaid plans, specifications and addenda, and agrees to do so for the sum of$42,163.00. • I. f 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 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 - 3 44( - • (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 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. 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 ($150,000) or more, or (b) by seventy-five thousand dollars SECTION IV PERFORMANCE, PAYMENT AND MAINTENANCE BOND • KNOW ALL MEN BY THESE PRESENTS: That vi Prreggpr F.1 Prtri r Omaha,Nebraska, hereinafter called the Principal, and Union Insurance Company, Box 80439, Lincoln, NE 68501 hereinafter called the Surety, are held and firmly bound unto the City of Omaha, a Municipal Corporation in Douglas County,Nebraska, hereinafter called the Owner, in the penal sum of --Forty Two Thousand One Hundred Sixty Three and No/100 ($ 42,163.00 ), 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 day of , 19 ,entered into a Contract with the Owner for the construction by the Principal, as General Contractor, of Electrical Modifications & Lighting Maintenance located atianscom Park/Brandeis Indoor, Tenn}io, avi ne, 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 NEBRASKA STATUTORY RIDER The State of Nebraska Code, Seedaen 44—Q;requires the narrc of the sclictnc acent ar address of the agency to be shown on each bond issued by a Nebraska Aged cr�f " e nscr any bend issusu and a Principal or Insured Nebraska. residing iner' to This rider is to comply with the statutory requirements cf the State of Nebraska. Name of Scliating Agent D Fr m Name of Insurance agency represented by the soliciting scent: • Gene = _.; Surety Bonds, - Address of the Agency: 3440 "0' Street EE (street) Lincoln (City) (Slate) 1 J ' (Zip) A copy cf this rider shoLId be attached o the ^ �rcinal and ail copies . of any �cr� ,Q=ue:. • No. 97-652 a , , • POWER OF ATTORNEY UNION INSURANCE COMPANY Lincoln, Nebraska NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS: that the UNION INSURANCE COMPANY, a corporation of the State of Nebraska, having its principal offices in the City of Lincoln, Nebraska does hereby make,constitute and appoint Robert T.Cirone, Betty J. Kreifels or James M. King of Lincoln, NE its true and lawful Attorney-in-Fact,with the power and authority hereby conferred,to sign,execute,acknowledge and deliver for and on its behalf,as surety any and all bonds, recognizances, stipulations and undertakings, excluding, however, any bonds or undertakings guaranteeing payment of loans, notes or the interest thereon,provided however no single obligation will exceed One Million and No/100(51,000,000.00)Dollars and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the said corporation, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the said corporation at its office in Lincoln,Nebraska,in their own proper persons. The UNION INSURANCE COMPANY represents that the execution of this Power-of-Attorney and the granting of the power herein to said Attorney-in-Fact are authorized by its by-laws. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on November 5, 1990: "RESOLVED, that the signature of any officer of the company authorized to appoint Attorneys in Fact, as provided by its By-Laws, certifying to the correctness of any copy of a Power of Attorney and the seal of the company, may be affixed by facsimile to any Power of Attorney or copy thereof issued on behalf of the company. Such signatures and seal are hereby adopted by the company as original signatures and seal,to be valid and binding upon the company with the same force and effect as though manually affixed". In Witness Whereof, UNION INSURANCE COMPANY has caused its corporate seal to be hereunto affixed and these presents to be duly executed by its President this 15th day of October , 19 97 . UNION INSURANCE COMPANY miSEAL = 1. ll" " 04.1no- By: Bradley S. Kuster, President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE BACKGROUND WITH RED AND BLUE BORDER. STATE OF NEBRASKA ) 7 LANCASTER COUNTY ) On this day, before the undersigned, a Notary Public in and for said County and State, personally came the above named officer of the UNION INSURANCE COMPANY, to me personally known to be the individual and officer who executed the preceding instrument, and they acknowledged the execution of said instrument to be the voluntary act and deed of the UNION INSURANCE COMPANY and his voluntary act and deed as an officer of said corporation, and that the seal of said corporation was affixed to said instrument by the authority and direction of said • corporation. Witness my hand and my Notarial Seal at Lincoln,Lancaster County,Nebraska,the day an ar last written above. (Seal) I ANNE OEf1LAbH ary ubli asCIERAL *bra"I My Conrtt.Exp.Au 2002 CERTIFICATE . I,the undersigned,Vice President and Secretary of UNION INSURANCE COMPANY do hereby certify that the original Power of Attorney, of which the foregoing is full,true and correct copy,is in full force and effect. • • In witness whereof, I have hereunto subscribed my name as Vice President and Secretary, and affixed the corporate seal of the corporation this 18th day of March 19 99 5404\=tiSEALrt ' Form#PA-E ��oar 7i�`��,1 Vice President ay+d Secretary ACORD TM, CERTIFICATE OF LIABILITY INSURANCE 3/GJ/I7/DD/YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dave Herrmann Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11205 Wright Circle, Suite 31 0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Omaha, NE 68144 INSURERS AFFORDING COVERAGE INSURED INSURER A: CRP—Insurance Group Vierregger Electric Company INSURER B: 4407 S. 139th Street INSURERC: Omaha, NE 68137 INSURER D: 1 INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 ,000,000 A X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 50,000 CLAIMS MADE X OCCUR 91-862672 12/11/98 12/11/99 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1 ,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 ' POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO 91-862672 12/11 /98 12/11/99 (Ea accident) $ 1 ,000,000 X ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY NON-OWNED AUTOS XI (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 1 ,000,000 A X OCCUR CLAIMS MADE 91-862672 12/11/98 12/11/99 AGGREGATE $ 1 ,.DOQ,000 $ DEDUCTIBLE $ RETENTION $ • $ WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER A EMPLOYERS'LIABILITY 42-862672 12/11/98 12/11/99 E.L.EACH ACCIDENT $ 1 00,000 ICI E.L.DISEASE-EA EMPLOYEE $ 1 00_,000 E.L.DISEASE-POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS • APPRO! S TO , ., / ASSISTANT CITY ATTORNEY CERTIFICATE HOLDER X I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION t/// SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 20 DAYS WRITTEN Contract Administration NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 1819 Farnam Street, Suite 706 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH s. SURER,ITS AGENTS OR Omaha, NE 68183 REPRESENTATIVES. • AUTHO IZ PRESE ATIVE I . ACORD 25-S(7/97) ©ACORD CORPOR'a •N 1988 I TO THE CITY OF OMAHA: CERTIFICATE OF EQUIPMENT ASSESSMENT Undersigned hereby certifies that all equipment to be used by undersigned in the performance of the contract pertaining to the project for: .i: Electrical Modifications at Brandeis Indoor Tennis Pavilion and pursuant to Contract between undersigned and the City of Omaha has been assessed for taxation for the current year, except as to equipment acquired since the assessment date. Said equipment has been assessed in Douglas County Nebraska.. This Certificate is submitted pursuant to the requirements of Section 77-1323, Reissue Revised Statues of Nebraska, 1943, as amended. Vierregger Electric Company A Nebraska Corporation By ._ Partnership Vice esident By: Attest\SAa (9r) `1'1 Partner Secretary Partner Corporate Seal Attached: Partner STATE OF NEBRASKA) SS. COUNTY OF DOUGLAS) Larry R. Vierregger and Shannon McKain being first duly sworn ogngeathEleepos e and say that they are President and Secretary, respectively, of VigCorporation; that they have read the foregoing Certificate, know its contents, and the same are true. SUBSCRIBED and sworn to befo e me this day of , A.D., 19y% Notary Pub is GUM NOTARY-Stab of lamb DAVID KRAFT My Commission Expires /' o , Lei 3 ,ram' - My Comm.Exp.Feb.20,2003 9/80 VIER ' GGER ELECTRIC CO. EMI POWER • HEAT • LIGHT C 4407 SOUTH 139th STREET 0 OMAHA, NEBRASKA 68137 (402) 896-8008 March 23, 1999 1 City of Omaha Department Of Administrative Services Contract Administration Division Omaha/Douglas Civic Center 1819 Farnam Street, Suite 706 Omaha, NE 68183-0706 RE: City of Omaha - Electrical Modifications at Brandeis Indoor Tennis Pavilion Ladies and Gentlemen: Item (5) of your cover letter dated March 16, 1999 requests "As per the Specifications, please furnish a schedule of values and the appropriate wage rates that will be used on this job" in conjunction with our Contract Documents for the project referenced above. Upon close inspection, we find no such further detail in the Specifications. Please accept the following as our response. o Our current hourly service call rate for a Journeyman Electrician with fully stocked service vehicle is $50.00 per hour. o Our current hourly service call rate for an Apprentice Electrician accompanying a Journeyman (as shown above) is $28.00 per hour. o Journeyman and Apprentice Electricians will be compensated with wages and benefits commensurate with those offered as "union scale" in Omaha, Nebraska on this and all projects within our trade area. Repsectfully submitted, VIERREGGER ELECTRIC COMPANY Tim Vierregger Project Manager �4T 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 February 24, 1999 for Electrical Modifications at Brandeis Indoor Tennis Pavilion project; and, WHEREAS,Vierregger Electric Company submitted a bid of$42,163.00,being the lowest and best bid received for Electrical Modifications at Brandeis Indoor Tennis Pavilion project. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the bid of $42,163.00 from Vierregger Electric Company for Electrical Modifications at Brandeis Indoor Tennis Pavilion 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 Electrical Modifications at Brandeis Indoor Tennis Pavilion project from the Park Bond fund 357,Agency 120, Organization 1295,Activity 8310. APPROVED AS TO FORM: TANT CITY ATTORNEY DATE P:\ASD\9008.SKZ By 7 "1.°r1141411911#14.-. Councilmernber Adopted AP)...1......1999 6"O it p erk Approved �� Mayor i til f. !flUJ eci 1/40 0 0 Q , o p G a. o c-tO• O 7J O O {'*� Ou c r C� td ¢• P p., O Q.O d ;.. is CAy d O `< Ip-h 4 `" \ zpi o ,.. a 77' co Cp) w V O a '•• s' . C C' C \\ I-, 0 O. 0 O 0 0 R' C O N C 0-s ~ ` CD r ID- N O UQ eir312,ez--->„..,,,,, 2- -)6N i.