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RES 1999-0423 - Contract with Sharpe Enterprises for grounds maintenance of Sorensen Pkwy ROW ~ °M�HA,,y Parks, Recreation &, F `' r ' -1'1- R E C /7'V E Public Property Department cl t�' , -•0�' Omaha/Douglas Civic Center �1 1� �:�/ 99 FEB -5 fill I I: 2? 1819 Farnam Street,Suite 701 �� Ply► „ Omaha,Nebraska 68183-0701 �00-i~ ., (402)444 5900 �4T J�� , ." i ,' Iz'`` FAX(402)444-4921 FO FE9R � ! i�t F i�a: P('=j ;;k�.x -•,k .,• City of Omaha James P.Cleary Hal Daub,Mayor February 23, 1999 Director. Honorable President and Members of the City Council, The attached Resolution approves the bid of Sharpe Enterprises for grounds maintenance of the Sorensen Parkway right-of-way. The following bids were received on December 16, 1998: CONTRACTOR BIDS SHARPE ENTERPRISES $24,230.00 (LOW BID) Blademaster $26,275.00 Ames Florist Insufficient Bid Security M&A Enterprises Insufficient bid Security Commercial Mowing No Bid Northern Lawn No Bid Charlie's Pride No Bid Shamrock No Bid Sunshine No Bid Doug's Turf No Bid Hoich No Bid Great Estate No Bid The above bid reflects the total estimated bid. I Funds for this maintenance have been appropriated in Parks Division Fund 001, Agency 120, and Organization 1216, Right of Way Maintenance. The Finance Department is authorized to I 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. Honorable President and Members of the City Council Page 2 The Parks, Recreation and Public Property Department recommends the acceptance of the bid from Sharpe Enterprises in the total amount of$24,230.00, 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. Respectfully submitted, Approved: Z 4� 79 -s P. Cleary, Director Date George It 1i vis Jr. Date 'arks, Recreation and Human lations Director Public Property Department Approved as to Funding: Referred to City Council for Consideration: Louis A. D'Ercole Attk D to Mayor's Office/Ti e Date Finance Director P:\PRPP\8686.SJ(Z i 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 Sharpe Enterprises, with its principal place of business at 15102 Edna Street, Omaha, Nebraska 68138, 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 Grounds Maintenance Sorensen Parkway 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. • III. Term. This contract shall be for a one year period ending December 31, 1999. 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 (2000). 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. 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 - 2 - • y�i 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 Modification. 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. 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. 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: - 4 - 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 Ron Sharpe Sharpe Enterprises 15102 Edna Street Omaha,Nebraska 68138 EXECUTED this 22 day of , 19 9 ATTEST: SHAR4 ENTERPRISES 9-ez't7 ..-� By14,..4„,„. ( rtness) EXECUTED this 3,w day of 7WA L , 19 9 ATTEST: CITY OF 0 r .1, a Mu.' 'pal Corporation By City Clerk Mayor APPROVED AS TO FORM: Assistant City Attorney P:\PRPP\8644.SKZ - 5 - SECTION IV PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That 5l.,,7.172 .✓,����srs Omaha,Nebraska, hereinafter called the Principal, and us `wesr��.✓ s�,e e>y 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 !e,✓ 72ous v.-01 ciao/%s ($ /O o 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 x`ctemoi ?h day of �� , 19 91 , entered into a Contract with the Owner for the construction by the Principal, as 6 e",e_fi Contractor, of So,eeNsop( %ei-ow -/ located at /-7o�,,ce s7;ee 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, -z, IV-1 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 an increase of more than twenty percent (20%) of the total Contract 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. SIGNED AND SEALED the � day of A.D., 1997 in the presence of: C ntractor(Fm Name) /Ali.° By ativ z-. P',c c�>dP,✓ Witness gjltE;moo Title COUNTER SIGNED: _ P s�UTH DPKD� Western Surety Resident Agent Surety APPROVED AS TO FORM: C G9 al/i/C-- By City Attorney Attorney-In-Fact P:\PRPP\STORED\0010.FMT IV-2 4431k 0 Receiveid: 1 /25/99 1 :00PM; 19136617711 -> JOHNSTON INSURANCE; Page 5 JAN.25.1999 1:04PM 19136617711 USA WESTERN NO.775 P.5/S - , . W Western Surety Company POWER OF ATTORNEY-CERTIFI)ED COPY Bond No. SP22333357 Know All Men By These Presents,that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents make,constitute and appoint Jeremy J.Pascale its true and lawful attomey(s)-in-fact,with frill power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: Sharpe Enterprises,Inc. Obligee: City of Omaha,NE Amount: $10,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of tho Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorncy(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect "Section 7. All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,any Asaistmtt Secretary,Treasurer,or any Vice President or by such other officers es the Board of Directors may authorize.The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Pact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation.The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of MARCH 26 1999 ,but until such time shall be irrevocable and in full force and effect. In W' f, Western Surety Company has caused these presen be� signed by its President, Stephen T. and its core ell ed this 7.6 t•h day of Jail i.i y , i' `9 .� .......eCQ WESTE Sla TY CO f a ''C' Stephen T.Pate.President S �OTA ss: COUN M411fEHAHA On this 26 t h day of January ,in the year 1999 before me,a notary public,personally appeared Stephen T.Pate,who being to me duly sworn,acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. p n. KRELL s 71(--itial ' NOTARY PUBLIC y `"� 8 SOUTH DAKOTAr, Notary Public-South Dakota itMy Cwonwa..S u h t 1•aa•Z000 I A. i the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. y� In testimony whereof,I have hereunto set my hand and seal of Western Surety Corn y this 26 t`day of Jan u y , 1999. WEST U ST Sr .... � r Stephen T.Pate,President I • Sent«by: JOHNSTON INSURANCE 4026918140; 01/27/99 1 :55PM;jetrax #678;Page 1/1 £ ' �?� .n , � , " ' y;�j ht � t f � ' +� I�� i a1 fi '±fi4' �!l ei? ,Iii DAI E ' shy ) � ANl11 Yi,' � i'4 1e � Ps < ' z : ,y. _ r .. 4;(�c:As �-Z✓t J fy ��� ( � %:;Y( i� �i k tt�C� f� ,�Yir> iG I •:I+af -:s'. �� i fN?ySn . _ ai nUs, p $:j , c ,tA. ;.a ^r ... 4.,.�:::'� ��I •��'. . NfraYNc, ...,C-i4:.�rr:� °#$Y°r: �.o. +1 I. o /Gla PNOPUEER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND JOHNSTON INSURANCE,INC CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER. THIS CERTIFICATE 11425 DAVENPORT STREET DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OMAHA,NE 68154 COMPANIES AFFORDING COVERAGE COMPLEI EERY A OHIO CASUALTY OOMPAN LETTER• INSUREDPost-'`Fax Note 7671 b� �/�9 _r s� COMERw lri�i SliARPE ENTERPRISES,INC. LETTER To J�//..-� « - -lt id .. OSAA RON SHARPE COMPAN CO�7 wwe� Catty ��-O. 15102 EDNA STREET LITTER Phone A• OMAHA,NEBRASKA 68138COWAN fax it Fee if 6 v. ..y 9/_�//id LETTER9 CI s: " THIS IS TO CERTIFY'HAT THE POLICIES OF INSURANCELISTED BLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TEMOR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSU ANCE 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 NIBURAINE POUCH PUNISH MACY EFFECTIVE i POLICY ECPINATION : LINTS LTR! ow oguoDAYY) ! EINE RANDOM) CEpHUL LIABILITY ' GENERALAGBREENTE '.$ 2,000,000 i x 'COMMERCIAL GENERAL UASIUTY • ` PRODUCTS-COMP/OP AGM. $ 2�000,000 'A:' .. ..CLAIM6 MADE x i OCCUR. PERSONAL L ADV.INJURY <$ 1.000,000 A : • ••• .; ISSUE PENDING . 01/01199 01/01/00 OWNER'S L CONTRACTOR'S RPM% EACH OCCURRENCE ;S 100,000 FIRE DAMAGE(Any one Ire) i 10,000 M .ExPEN&E(Any ono Miami/ $ 5,000 • AUTOMONLE WORM COMBINED SINGLE _ ANY!UNTO UNIT ALL OWNEDAUTOS BOOlLYINJURY s (Per perwn) sCHEOULEDAUTOS HIRED AUTOS N/A • •• BODILY INJURY $ NON OWNED AUTOS • '• (Per accident) GARAGE LIABILITY • PROPERTY DAMAGE S Mc illi LIAfWT1 • • EACHOCCUAENCE :S :UMBRELLA FORM WA !• AGGREGATE ,S OTHER THAN UMBRELLA FORM gg 7e yy �1 x g • STATUTORY UMIT6 ... E.;.~ , WORRRI'4 COIIEN6A1TII ::..: A NU ISSUE PENDING s 01/D1/99 01/01/00 EACH • r S 1 ,000.. DIGEASE•POLICY LIMIT :........ 500400. EMPLOYERS'MINUTE DISEASE-EACH EMPLOYEE •,$ 100,000 OTHER • • APPROVED AS 'O FORD DEfCIUPTION OM OP9Ut11Dill C IITON4fdEWCLEi4SPECIM.rams 6i•-z/ - ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY-CITY OF OMAHA ASSISTANT CITY ATTORNEY a:: MO: azi;`'•dv >::>, i ',rrrI )#s, i..•• .. ��I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 111 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF OMAHA LEFT,SLIT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE ND OBLIGATION OR PURCHASING DEPARTMENT LIABILITY OF ANY KIND UPON THE COMPANY.ITS AGENTS OR REPRESENTATIVES. 1819 FARNAM ST.,ROOM 1003 AuneMaeD REPRESENTATIVE OMAHA,NEBRASKA 68183 is ;' a bi<>.I, w:g r... EEEi?1;11 ',A. 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Burke • Published December 2, 1998 City Purchasing Agent 1003 Omaha-Douglas Civic Center NOT AN ORDER Page 1 1819 Farnam Street Omaha, Nebraska 68183-0011 . BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5% IF iliE TOTAL AMOUNT . FOR THE ITEMS OFFERED IS $20,000 OR MORE Bid Closing Date December 16, 1998 .. 11:00 A.M. .. - IMPORTANT 4.If Federal Excise Tax applies,show amount of same and deduct. Exemption certificates will be furnished. Do not include tax in bid. 1. Bid must be in the office of the CITY CLERK,LC-1, OMAHA-DOUGLAS - - - CMC CENTER,1819 Famam Street,Omaha,NE 68183-0011 by the 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. closing date and time indicated,in sealed envelope marked BID ON 6.When submitting bid on items listed,bidder may on a separate sheet, - MOWING-SORENSEN PARKWAY make suggestions covering reduction in costs wherever this is 2. As evidence of good faith a bid bond or certified check must be possible through redesign,change of material or utilization of standard submitted with bid. FAILURE TO DO SO IS CAUSE FOR REJECTION. items or quantity change. 3. Right is reserved to accept or reject any or all bids in their entirety and 7.If you do not desire to bid,return sheets with reasons for declining.. the bidders shall have the right to appeal any decision to the City Failure to do so will indicate your desire to be removed from our Council. Right is also reserved to accept or reject any part of your bid mailing list. If you desire a copy of tabulation check l j. unless otherwise indicated by you. Please do not call for this information. • Quote your lowest price, best delivery and terms, F.O.B. delivery point on the items(s) listed below: QUANTITY DESCRIPTION UNIT PRICE EXTENSION Mowing of Sorensen Parkway Right-Of-Way, per attached specifications, 6 pages dated November 1998, and plot plans. Estimated 15 each Mowing and Trimming BID/each $ /00 $ ZZ Weed Control 2 each 5 Acre BID/each $ /"O $ Z$'O 2 each 10 Acre BID/each $ '- $ OD 2 each 20 Acre BID/each $ `/ 75- $ tr 57) . i Pesticide Application 1 each Mites BID $ 0 1 each Aphids BID $ 0 A!!bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Annual Contract Compliance Report(Form CC-1).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 Ably or Type) , Payment Terms °,6 Firm \- At r�. ,E. .•7.1 L-�"' °/ �f.-•e1 C^;a'� In orporated t�� C • Delivery(or completion) Name /i�/) t. • �. /./,G `t Signature 0 Lc r c..E^—r•-. / calendar days following award Title 0 t CJ r_.f' Phone `` -7$7,d� Fax• Address Ss/�1 �` 1;!aw (.. "j / f,//A k 1 t -F' R HP-8B (94) Street/P.O.Box City State • Zip CITY OF OMAHA REQUEST FOR BIDS • ON MOWING -SORENSEN PARKWAY NOT AN ORDER Page 2 QUANTITY DESCRIPTION UNIT PRICE EXTENSION Estimated. - Pesticide Application (cont'd) 1 each Zimmerman BID $ 1 each Ash Borer - • BID $ 1 each Oyster Shell BID $ 1 each Bag Worm BID $ 1 each Tussock BID $ TOTAL ANNUAL BID $ CZ V (J 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 5-26y3 Expiration Date y/5":'9 INSURANCE The successful contractor shall provide a certificate of insurance indicating adequate workmen'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. • SIGN ALL COPIES Firm C By Is!' r ,4., / Title (? PH-8C (91) CONTINUATION SHEET CITY OF OMAHA REQUEST FOR BIDS ON MOWING -SORENSEN PARKWAY NOT AN ORDER Page 3 QUANTITY .. . DESCRIPTION _ UNIT PRICE EXTENSION PERFORMANCE BOND _ A Performance Bond in the amount of$10,000 wil be required of " the successful bidder. _ NOTE: REQUIREMENT FOR BID BOND, The surety company issuing the bid bond or the performance bond should be licensed by the State of Nebraska and listed on " the current edition of Circular 570 of the United States Depart- _ ment of the Treasury. Questions can be answered by Walt Mertz at Park Maintenance . - at.402-444-5956. • SIGN ALL COPIES Firm By Title PH-8C (91) CONTINUATION SHEET CONTRACT SPECIFICATIONS GROUNDS MAINTENANCE SORENSEN PARKWAY RIGHT OF WAY NOVEMBER 1998 GENERAL This is a grounds maintenance contract to provide for the mowing of the Sorensen Parkway right of way from the east side of the Florence Boulevard to 56th Street. 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 are 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 Sorensen Parkway corridor. MOWING SPECIFICATION The grass shall be mowed as scheduled and approved by the City. In general the grass shall be mowed when the grass is 4 to 4 1/2 inches in height and 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 and 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 playground equipment. 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. Grounds Maintenance Contract Sorensen Parkway 1 shall be furnished and used. The Park Maintenance Contract Manager is to be informed in this event. Preventative measures shall be taken during the proper season to protect against pest damage. Spray according to the following schedule. SPRAY WINDOW PEST CHEMICAL CONTROL 0 0 Mites Kelthane/Miteaside White paper test 6 or more on 2x5 paper test 0 0 Aphids Diazinon/Malathion When foliage curls or leaf or stem mass over 3 square Second Week of Zimmerman Dursban Spray trunk and April - Second Week branches, all pine of August species except White pine Spray everyday that weather permits until all pines have been sprayed twice or May 8th whichever comes first. During this two week period two applications should occur approximately one week apart. 5-01 5-15 Ash Borer Dursban/Lindane 15 days after tapping 5-21 10 day Oystershell Cygon 2E 1st crawler up to 10 days later 6-20 6 days Bag Worm Dimethoate/Diazinon/When bags first Malathion appear. All chemical treatments and the application scheduling is to be approved by the Park Maintenance Contract Manager. NOTIFICATION Contractors will notify Park Maintenance Office at 444-5956 12 to 24 hours prior to planned treatment. Application will be approved at this time. WORK PROGRESS During the spray period the contractor must notify the Park Maintenance Division at least every other workday of work progress. Grounds Maintenance Contract Sorensen Parkway 3 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 reserves the right to cancel this agreement for just cause by way of a fifteen (15) day written notice to the Contractor. Grounds Maintenance Contract Sorensen Parkway 4 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, 1999. 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 (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 Contract Sorensen Parkway 5 DESCRIPTION EACH UNIT PRICE EXTENSION MOWING- TRIMMING 15 WEED CONTROL 5 ACRE 2 10 ACRE 2 20 ACRE 2 PESTICIDE APPLICATION: MITES 1 APHIDS 1 ZIMMERMAN 1 ASH BORER 1 OYSTER SHELL 1 BAG WORM 1 TUSSOCK 1 TOTAL 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 SORNPKY 11/98 Grounds Maintenance Contract Sorensen Parkway 6 • C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr February 23, 19 99' RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,bids were received on December 16, 1998, for grounds maintenance of the Sorensen Parkway right-of-way; and, WHEREAS, Sharpe Enterprises submitted the lowest and best bid, within bid specifications, in the amount of$24,230.00; and, WHEREAS, Sharpe Enterprises 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 Sharpe Enterprises in the amount of$24,230.00,which represents the estimated bid for grounds maintenance of the Sorensen Parkway right-of-way,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 the Parks Division Fund 001, Agency 120, and Organization 1216, Right of Way Maintenance. The Finance Department is authorized to pay the cost from these accounts. APPROVED AS TO FORM: ASSIS(T T CITY ATTORNEY DATE P:\PRPP\8683.SKZ . • By ���� Councilmember Adopted FE ...2:3 I-9 a AT illittM". 4Y.m a• Approved fi Mayor CD n as x 0 0 °' 1 `� cn o ro O 71 g• `n r n UQ ." 5, a. 3 1�r1 NO 0 o 4''.• O ,. 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