RES 2018-0967 - Bid from Terry Hughes Tree Service to remove ash trees located at 102 North .� 01401A,n,FB - ;r-CD Parks, Recreation &
� Public Property Department
gik
Il t�j/��� R E n .? Omaha/Douglas Civic Center
®'�F1 "�� � T 1819 Famam Street,Suite 701
y �`' -t, Omaha,Nebraska 68183-0701
�00,� 4��` rn (402)444-5900
arcD FEtok- ,uw1 FAX(402)444-4921
• City of Omaha r `d
Jean Stothert,Mayor
October 23, 2018
Honorable.President
and Members of the City Council,
Transmitted herewith is a BID TABULATION and a RESOLUTION authorizing the Purchasing
Agent to issue a Purchase Order to TERRY HUGHES TREE SERVICE to furnish all labor,
materials and equipment necessary to complete the removal of ash trees, located at 102 North,
Omaha, Nebraska in the amount of $68,700.00 for the Parks, Recreation, and Public Property
Department.
The following bids were received on September 12, 2018:
Contractor BID
TERRY HUGHES TREE SERVICE $68,700.00 (BEST BID)
KLOOS KUTTERS, LLC $121,020.00
ABSOLUTE TREE SERVICE $134,500.00
TERRY HUGHES TREE SERVICE 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.
Finance Department is authorized to pay the Funds in the amount of $68,700.00 to TERRY
HUGHES TREE SERVICE, from 2014 Parks.and Recreation Fund No. 13356, Organization No.
117317, Parks and Cultures.Bond, Project I.D. No. 2017P518.
The Parks, Recreation, and Public Property Department recommends the acceptance of the bid
from TERRY HUGHES TREE SERVICE, being the lowest and best bid received, within bid
specifications, attached hereto and made a part hereof, and requests your consideration and
approval of this Resolution.
Page -2-
Honorable President
and Members of the City Council
Respectfully submitted, Approved:
<
Ova(
I cza404 Rio 5O4 . fO-`O--/e
rook Bench, Director Date Franklin Thompson Date
Parks, Recreation and Public Property Human Rights and Relations Director
Approved as to Funding: Referred to City Council for Consideration:
/0 Sly � J I� v
Steph B. Curtiss ate Mayor's Office/Title Date
Finance Director
p:2474mtc
City Clerk Office Use Only:
� ff� Publication Date(if pplicable):
RESOLUTION NO. (J/
7
Agenda Date:
Department:
Submitter:
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, bids were received on September 12, 2018, to furnish all labor, materials and equipment
necessary to complete the removal of ash trees, located at 102 North, Omaha, Nebraska in the amount of
$68,700.00, for the Parks, Recreation, and Public Property Department; and,
WHEREAS, Terry Hughes Tree Service submitted the lowest and best bid, within bid specifications,
attached hereto and made a part hereof, in the total amount of$68,700.00; and,
WHEREAS, Terry Hughes Tree Service has complied with the City's Contract Compliance Ordinance
No. 28885 in relation to Civil Rights - Human Relations; and,
WHEREAS, the Mayor has recommended acceptance of this bid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, as recommended by the Mayor, the bid in the total amount of $68,700.00 from Terry Hughes
Tree Service to furnish all labor, materials and equipment necessary to complete the removal of ash trees,
located at 102 North, Omaha, Nebraska, being the lowest and best bid received within bid specifications,
attached hereto and made a part hereof, is hereby accepted. The Purchasing Agent is authorized to issue a
purchase order in conformance herewith. Funds in this amount shall be paid from Fund No. 13356, 2014
Parks and Recreation Fund and Organization No. 117317, Parks and Culture Bond, Project I.D. No.
2017P518.
p:2474mtc
APPROVED AS TO F M:
7%
b
DEP YCITYATTORNEY DATE
Adopted: OCT 2 32018 0
Attest:
City Cler
Approved: J ,(L. —tteA,L,
Mayor
•
BID BOND: 5%
Douglas County Purchasing
TABULATION OF BIDS ON: CITY OF OMAHA
1 102 North -Ash Tree Removals Absolute Tree Terry Hughes Kloos Kutters,
Service Eden Tree Pros Tree Service LLC
Date of Opening Page 1
September 12, 2018
Department As Read in Bid Committee
PARKS
Quantity DESCRIPTION UNIT UNIT UNIT UNIT UNIT
PRICE C PRICE B PRICE C PRICE C PRICE
102 North -Ash Tree Removals
Lump Sum Bid Price: $134,500.00 $206,598.88 $68,700.00 $121,020.00
•
•
ADDENDUM#1 ACKNOWLEDGED -- YES YES YES
Bid Bond Received: YES YES YES YES
2' I. -'
.,y
3id Form(Rev.05-2018) SECTION 00210 DEB '
,._ DOUGLAS COUNTY •
- REQUEST FOR BID AND BID SHEET ON:
• CITY OF OMAHA 102 NORTH-ASH TREE REMOVALS -
RETURN BIDS TO: Published:Wednesday,August 29,2018
CITY CLERK
OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER . Page 1 of 6 Pages
1819 Farnam Street-LC-1
Omaha,Nebraska 68183-0011
BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE
TOTAL AMOUNT FOR THE ITEMS OFFERED IS$20,000 OR MORE. BID BOND
OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA".
r Bid Opening Date;
11:00 A.M. Wednesday,September 12,2018
hIPORTANT.
1.Bid must be in the office of the CITY CLERK,OMAHA-DOUGLAS CIVIC CENTER,1819 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES.
Famam Street-LC-1,Omaha,NE 68183-0011 by bid opening date and time Indicated, 6.When submitting bid on items listed,bidder may on a separate sheet make suggestions
In sealed envelope marked BID ON: CITY OF OMAHA 102 NORTH —ASH TREE covering reduction in costs wherever this Is possible through redesign,change of material
REMOVALS. or utilization of standard items or quantity change.
2 As evidence of good faith a bid bond or certified check must be submitted with bid.Bid 7.if you do not bid,return sheets with reason for decrming. Failure to do so will Indicate your
Bond or certified check shall be made payable to the"City of Omaha". FAILURE TO DO desire to be removed from our mailing list TABULATION SHEETS FOR THE BIDS
SO IS CAUSE FOR REJECTION SUBMITTED ARE AVAILABLE ON THE DOUGLAS COUNTY WEBSFFE
3.Right is reserved to accept or reject any or all bids in their entirety and the bidders shall AT www.douaatscountvourchasinn.orq DO NOT CALL FOR THIS INFORMATION.
Y have the right to appeal any decision to the City Council. Right Is also reserved to accept
or reject any part of your bid unless otherwise indicated by you. PLEASE DO NOT CALL FOR THIS INFORMATION.
4.If Federal Excise Tax applies,show amount of same and deduct Exemption certificates
will be furnished.Do not include tax in bid.
Quote your lowest price,best delivery and terms,F.O.B.delivery point on the terms(s)listed below:
This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to bidders and (c)
the specifications and technical documents prepared by the Omaha Parks, Recreation & Public Property Department for the 102 North-Ash Tree
temovals and that the bidder has made all the examinations and investigations required by said documents.
BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO i ,THROUGH l . .
It is understood (a)that as to the contract which may be awarded upon this proposal, the Contract period will be the term beginning with the notice to
proceed and ending with the acceptance of the work,the number of consecutive calendar days hereinafter agreed on; and(b)that it is the intention of the
ark Planning Division that a contract shall be awarded to the bidder regarded by the City of Omaha as having submitted the lowest and best bid,having
egard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park Planning Division best to meet the
equiremertts of the Park Planning Division;material purchased for this project will be State of Nebraska and City sales tax exempt.
On the foregoing,understand that the bidder hereby offers and proposes to furnish all labor,all materials and all else whatsoever necessary to construct and
properly finish all the work in connection with"102 North-Ash Tree Removals,Omaha,Nebraska°in accordance with the provisions of this proposal and
contract documents to the satisf ct'on of tile City of Omaha Parks, eleation d Public Property Depa e r the lump sum of:
�., J I
SASE BID: S' ., i17 4 .av3,,, .Se 'IJ UOti-mot eel /0 O - ..
($ Gi/ .7 0 0 --- )
Note: Refer to page 2 of 6 for Bid Security,Completion Date&Performance Bond, page 3 of 6 for Genera]Contractor Work Requirement,and Insurance
Requirements, page 4 of 6 for Responsible Contractor Compliance Form(RC-1)and page 5 of 6 for the Affidavit for Employee Classification Act&Fair Labor
Standards. Refer to Specification Section 00200,Instructions To Bidders"regarding questions on the Bid or Contract Documents.
Ail bidders awarded a contract in the amount of$10,000,or more must comply with the Contract Compliance Ordinance(No.35344§§10-160 to 10-200.4)and have on file with the Human Rights
and Relations Department the Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Rights and Relations Department Any
- questions-regarding-the Gontract-Compliance Ordinanceshould-be-directed-tn-the- man-Rights and Relations Department at402-0445055. -
(Please Print Legibly or Type) Firm 4/1-Pwe,. . trl�h Jriev/ca Incorporat n / < el,5��-
(State}
Name �14�1Vr '�5 Signature
J
Title f)R.�3 A J r r►I - Phone 9D0- ES 1 1'`1 Nc4 Fax von- m c 3 3/
Address 3 S b1a fcidZ'itTc-- i 6Rt7ws JL/ - 4 V Ann
Street]P.O.Box /� ity ) State Zip
E-Mail Address �zk-e--1 `r A z s / C U al
4-_f
i
Bid Form(Rev.05-2018) SECTION 00210 DEB
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET ON:
CITY OF OMAHA 102 NORTH—ASH TREE REMOVALS
NOT AN ORDER
Page 2 of 6 Pages
The bidder hereby states that the above total cost to the City of Omaha includes all material,taxes,insurance royalties;transportation charges,use
of all necessary tools and equipment, supervision, inspection and tests of materials, bond and overhead expense, ail equipment furnished in I
accordance with the requirements of the contract documents considered severally and collectively.
It is understood that the contract documents shall consist of the advertisement,the requirements for bidding and instruction to bidders,this proposal, —
the contract documents titled"102 North»Ash Tree Removals",dated August 29,2018 and the duly executed agreement or contract proper;that,
said documents are complementary and that which is required,shown or specified by any one of these,shall be as binding as if required by all. —
The bidder hereby represents that the price contained in this proposal is neither directly nor indirectly the result of any agreement or any secret I
understanding with anyone with respect to any provisions contained in this proposal.
BID SECURITY:
In accordance with the re uirem n for biddingand instructio to bi ders is deposited herewith a bid bond or a certified check a able to the
acco da q e is ,thgr� po p y
CIO Omaha,4n the sum of: n �^
sum toy 2 kv J ,#Q ^� '�v� {$�� YJ 5 ),which I
is at least five percent(5%)of the aggregate amount of the proposal. /
• It is agreed that, in the event the bidder is awarded a contract based on this proposal, or a part thereof and fails or refuses to execute a written
contract or fails to furnish a performance bond within ten days after the award of said contract,the sum deposited herewith shall be retained by the
City of Omaha as liquidated damages and not as a penalty,as it is expressly agreed that said sum is a fair measure of the damages which will be
sustained by the City of Omaha in case of any such failure or refusal on the part of the bidder. The said sum,however,will be returned to the bidder;
if and when he shall faithfully keep and perform all of the conditions set forth in the advertisement and the requirements for bidding and instructions
to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,and listed on
the current edition of Circular 570 of the United States Dept.of the Treasury.
NOTICE: j
Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and I
correct,in accordance with the instructions to bidders,it may be rejected as informal.
COMPLETION DATE:
The contract completion date for this project shall be Friday,Marchf.2019. All work associated with the project shall be completed on or before this I
date.
PERFORMANCE,PAYMENT,MAINTENANCE BOND:
Refer to Specification Section 00200, "Instructions to Bidders", Part 2.10, "Bond Submission" and Section 00400, Performance, Payment
Maintenance-Bond"—for-performance-bond-requirements.
SIGN ALL COPIES Firm "41i �" i/(.7/2 d
By . ,,��
Title r419-sit e�
I
•
— Bid Form(Rev.05-2018) SECTION 00210 DEB
DOUGLAS COUNTY
REQUEST FORBID AND BID SHEET ON: •
CITY OF OMAHA 102 NORTH_ASH TREE REMOVALS
NOT AN ORDER
Page 3 of.6 Pages
GENERAL CONTRACTOR WORK REQUIREMENT: •
General Contractor shall self-perform with its own workforce a minimum of thirty percent(30%) of the total cost of.the Contract. Purchasing of
materials does not qualify as self-performing the Work.
INSURANCE REQUIREMENTS:
Refer to Specification Section 00500, "General Conditions of the Contract for Construction", Part 2.15,."Contractor's Insurance" for insurance
requirements.
•
1:279e.
SIGN ALL COPIES Firm /r.; 1� 7/l OjeW 1//lie
BY
Title Pam`1,4
L 4
•
Bid Form(Rev.05-2018) SECTION 00210 DEB
DOUGLAS COUNTY ti ' _.
REQUEST FOR BID AND BID SHEET ON: _ _
CITY OF OMAHA 102 NORTH—ASH TREE REMOVALS •
NOT AN ORDER
Page 4 of 6 Pages
Responsible Contractor Compliance Form RC-1
•
�� ,
s'o vtS-
1. $.egulations:
A. Article IV,Division I of Chapter 10 of the Omaha Municipal Code thereon require:
1. That all contractors who submit a bid to City of Omaha shall designate a representative who on behalf of the
• Contractor,shall fill out completely a Responsible Contractor Compliance Form(RC-1). An incomplete or
unsigned RC-1 form will make your bid null and void. V C
2. Filing this Report(please initial in the boxes below): '
Contractor agrees that Contractor will not knowingly employ or hire an employee not lawfully authorized to perform
employment in the United States and that the Contractor and all sub-contractors shall use E-Verify to determine work
eligibility.
7 Contractor agrees that Contractor will not knowingly violate Nebraska's Employee Classification Act(Neb.Rev.Stat.
§48-2901 et seq.).
Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.Stat.§73-
104 et seq.).
p) Contractor has not been convicted of any tax violations(local,State and Federal)within the last three years from the date
this bid is submitted.
Contractor has not,upon final determination by the Occupational Safety and Health Administration,been convicted of a
criminal,repeat,or willful violation of the Occupational Safety and Health Act(OSHA)or been conicted of 3(three)
separate"serious"OSHA violations within the past three(3)years.
Q1 Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the
/ provisions of the R onsible Contractor Compliance Form RC-1. �..
Signature Date
By signing,I verify on behalf of the Contractor that the information above is true and correct. Filing false information carries a penalty of
up to a$500 fine or six months in jail. In addition,the contractor and sub-contractors can be subject to immediate disqualification and
prohibited from any future City of Omaha contract for a period of 10 years.
Bid Form(Rev.05-2018) SECTION 00210 DEB
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET ON:
CITY OF OMAHA 102 NORTH—ASH TREE REMOVALS
NOT AN ORDER
Page 5 of 6 Pages
AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT &
FAIR LABOR STANDARDS
I, " * '0.�y ) G ,being first duly sworn under oath,stet and depose as follows: .
1. I am competent to testify to,and have personal knowledge of,matters stated in this davit.
2. I am(a contractor)or(the authorized agent of the contractor)for / d'iC o t'`�/ 112--;C A2' G'e"
Company,(hereinatt "Contractor"). I attest to the following:
(a) Each individual performing services for Contractor is properly classified under the Nebraska Employee
Classification Act("the Acr),Neb.Rev.Stat.§§48-2901 to 48-2912;
(b) Contractor has completed a federal 1-9 immigration form and has such form on file for each employee performing
services;
(c) Contractor has complied with Neb. Rev.Stat.§4-114(use of federal immigration verification system);
(d) Contractor has no reasonable basis to believe that any individual performing services for Contractor is an
undocumented worker;
(e) As of the time of the contract,Contractor is not barred from contracting with the state or any political subdivision
pursuant to the Act,and;
(f) Contractor is complying with and will continue to comply with,fair labor standards as provided in Neb.Rev.Stat.
§73-102&§73-104,as applicable and as amended hereinafter.
Contractor will also ensure that all subcontractors execute affidavits in compliance with this Act.
FURTHER AFFIANT SAYETH NAUGHT. A/
a Affiant(Contractor)
SUBSCRIBED AND SWORN TO before me this 1Z day of -Se.ipkeA,X. ,20 1t
-, GENERAl.NOTARY•Stale of Nebr 9..., ,,a,.._N, 6 9
i.k,
�1, ROCHELLE ao1-TE tary Public
- :� — MY Conan.Exp.May 5,2021
1`
00220-SESB Participation Disclosure Form
1j City Of Omaha Small & Emerging Small Business Program •
Participation Disclosure Form
THIS FORM MUST BE SUBMITTED WITH THE BID
NOTICE: This form must be submitted by the General Contractor/Lead Consultant at the time of bid/agreement submission,designating all companies utilized to complete the scopes
of work designated as reserved for Program Participants on the Participation Utilization Form attached to the project documentation. The General Contractor/Lead Consultant may
utilize SEB Program Participants for additional scopes of work not specified on the Participation Utilization Form,but they may not be substituted for scopes specifically identified by
the City on the Participation Utilization Form. Should the below listed SEB Program Participant be determined to be unable to perform successfully or is not performing satisfactorily,
the General Contractor/Lead Consultant shall obtain written approval from the Public Works Director or a designee before dismissal/substitution of the Participant. By submitting this
form,the General Contractor/Lead Consultant is certifying that it has afforded any/all applicable program participants the opportunity to submit bids/proposals on this project.
Identified Full Name of Projected start/ Percentage of total
Scope Participant completion date Agreed Price contract
TOTAL:
CERTIFICATION:
The undersigned certifies that he/she has read,understands,and agrees to be bound by small and/or emerging small business participation utilization requirements,and the other terms
and conditions of the Invitation for Bids/Request for Proposals. The undersigned further certifies that he/she is legally authorized to make the statements and representations as to the
Participation Utilization requirements and that said statements and representations are true and correct to the best of his/her knowledge and belief. l'he undersigned will enter into
formal agreement(s)with the Participating Companies listed in the above disclosure at the price(s)set forth in this disclosure,conditioned upon execution of a contract/agreement by
the undersigned company with the City of Omaha. The undersigned agrees that if any of the representations made regarding utilization of small and/or emerging small business by the
General Contractor/Lead Consultant,knowing them to be false,or if there is a failure by the undersigned company to implement the stated agreements,intentions,objectives,goals,and
comments set forth herein without prior approval of the Public Works Director or designee,such action shall constitute a material breach of the contract,entitling the City of Omaha to
reject the bid/proposal or to terminate the Contract/Agreement for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of
Omaha may have for other defaults under the Contract/Agreement,under City of Omaha's Contract Compliance Ordinance or otherwise.
Signed this 17._ f c-Ve", t,r- in the year 2016
Signature: Title: rPg�cat? Printed Name: Sirackl }�,21
Firm or Corporate Name:?)2 �^f 1 K'-Cp .� a
Address: 15 ,�,e ..) get. ,/�e (050 z,ye Telephone No.: 301 Z`"5 g 4ai,O
102 North-Ash Tree Removals
• August 2018
•
DOUGLAS COUNTY
PURCHASING DEPARTMENT
• • 1819 FARNAM STREET
902 CIVIC CENTER
• OMAHA, NE 66183-0902
PHONE(402)444-4954 FAX(402)444-4992 •
September 7,2018
NOTICE TO BIDDERS: , .
•
• REQUEST FOR BID ON
• City of Omaha-102 North-Ash Tree Removals
. BID OPENING DATE: Wednesday, September 12, 2018, at 11:00 a.m. CST
•
ADDENDUM NO.1:
Modifications to the original contract documents dated August 29, 2018, per the attached six(6) .
• pages.
• END OF ADDENDUM •
•
ACKNOWLEDGE RECEIPT OF.THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS
ADDENDUM COVER SHEET WITH YOUR BID.
•
• Cad di/L) - . •
Holly Hurt, S r Buyer, City of Omaha!Douglas County Purchasing Department
:),), e_
Name ofrm 1
//
•
Signed By
•
Pla-eilde;7t
Title •
•
Bid Form(Rev.05-2018) SECTION 00210 DEB
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET ON:
CITY OF OMAHA 102 NORTH-ASH TREE REMOVALS
NOT AN ORDER
Page 6 of 6 Pages
BID SUBMISSION CHECKLIST
Bid submission shall consist of the following forms:
❑ Douglas County"Request for Bid and Bid Sheet",Specification Section 00210(pages 1 of 6 through 6 of 6.
❑ "Responsible Contractor Compliance Form RC-1",(page 4 of 6 of the'Request for Bid and Bid Sheet°,Specification Section
00210).
❑ "Affidavit for Employee Classification Act&Fair Labor Standards"(page 5 of 6 of the"Request for Bid and Bid Sheet",
Specification Section 00210).
❑ "City of Omaha Small&Emerging Small Business Program(SESB1 Participation Disclosure Form",(Section 00220)
❑ If any addendums were issued,include the front Cover sheet for every addendum submitted(make sure to sign it before submitting). -
❑ Bid Security. •
❑ Any additional information that might be required by the Bid Documents. —
END OF SECTION
111
•
SIGN ALL COPIES Firm reaQ r� T �ce
BY /
Title PRev<<!l�';1
I
SECTION 00300
AGREEMENT
This AGREEMENT, made and entered into in quadruplicate,as of this day of 006101 , 2018
by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party of the first part and
hereinafter called"OWNER", and Terry Hughes Tree Service,with principal place of business at: 15802 Fairview Rd.,
Gretna,NE 68028, hereinafter called"CONTRACTOR":
WHEREAS, said Contractor did, under date of September 12, 2018, submit a proposal to construct as outlined
in the proposal "102 North—Ash Tree Removals" for the City of Omaha, for a total sum of Sixty Eight Thousand,
Seven Hundred Dollars and No Cents ($68,700.00),to be constructed by the Contractor in accordance with drawings
and specifications for same prepared for Owner, which drawings and specifications have been filed with the City of
Omaha. Li /
tthe afo esaid posal of Contractor was accepted by Resolution No. q
adopted � YZ.�_p25,IDPS , 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 "102 North -Ash Tree
Removals", 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"102 North
- Ash Tree Removals" 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 102 North-Ash Tree Removals,Omaha, 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 "102 North • Ash Tree
Removals" in accordance with the aforesaid plans, specifications and addenda, and agrees to do so for
the sum of$68,700.00.
Owner agrees to pay Contractor said amount of $68,700.00, in accordance with the provisions of the
aforesaid specifications,addenda and proposal of the Contractor accepted by Owner.
f. All provisions of aforesaid plans, specifications and addenda shall be strictly complied with and conformed
to by Contractor, the same as if re-written herein, and no substitution or change in said plans,
specifications and addenda shall be made except upon written consent or written direction (the form of
either of which shall be a written "Change Order") of Owner and Owner's Architect Dennis E. Bryers,
FASLA, PLA I Park Planner II — Landscape Architect I Park Planning Division - City of Omaha Parks,
Recreation and Public Property Department; 1819 Farnam Street, Suite 701, Omaha, NE 68183-0701.
102 North-Ash Tree Removals
Agreement
09.2018
00300-1
Office: 402.444.4915; Direct: 402-444-3798; Mobile: 402-616-3724; Fax: 402-444-4921; email:
dbrvers ancitvofomaha.org and any such substitution or change shall in no manner be construed to release
either party from any specified or implied obligation of the aforesaid plans, specifications and addenda
except as specifically provided for in the Change Order.
g. This Contract is entered into subject to the following conditions:
g-1. Contractor does hereby state,warrant and covenant that it has not retained or employed any company, or
person, other than bona fide employees working for said Contractor,to solicit or secure this Contract, and
that it has not paid or agreed to pay any company or person, other than bona fide employees working
solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this Contract. For breach of
violation of this statement, warrant, and covenant, the City of Omaha shall have the right to annul this
contract without liability.
g-2. Contractor shall comply with all Municipal Ordinances and State and Federal Laws relating to, or
applicable to,this work.
g-3. Contractor shall furnish Performance, Payment and Maintenance Bond in an amount at least equal to one
hundred percent (100%) of the Contract price, and shall maintain during the life of the Contract, Fire,
Workmen's Compensation, Public Liability and Property Damage insurance, all as required in the
aforesaid specifications and addenda.
g-4. Owner, its employees and representatives, and the Owner's Representative shall have access to the work
wherever it is in preparation or progress, and the Contractor shall provide proper facilities for such access
and inspection by them.
g-5. The Contractor shall indemnify and save harmless the City of Omaha, its officers,employees, and agents
from all claims, suits or actions of every kind and character made upon or brought against the said City of
Omaha, its officers, employees and agents, for or on account of any injuries or damages received or
sustained by any party or parties by or from the acts of the said Contractor or its servants, agents and
subcontractors in doing the work herein contracted for, or by or in consequence of any negligence in
guarding the same or any improper material used in its construction, or by or on account of any act or
omission of said Contractor or its servants, agents, and subcontractors; and also from all claims of
damage or infringement of any patent in fulfilling this Contract.
g-6. Contractor shall pay to the Unemployment Compensation Fund of the State of Nebraska unemployment
contributions and interest due under the laws of the State of Nebraska on wages paid to individuals
employed in the performance of this Contract, and shall submit to the City of Omaha a written clearance
from the Commissioner of Labor of the State of Nebraska (Certification of Contribution Status" - form
"NEBRUI Form 16") 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 ten percent (10%) 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 or applicant for employment because of race,
religion, color, sex, age, sexual orientation, gender identity, disability or national origin as defined by the
Americans with Disabilities Act of 1990 and Omaha Municipal Code Sec 13-82. The Contractor shall take
affirmative action to ensure that applicants are employed and that employees are treated during
102 North-Ash Tree Removals
Agreement
09-2018
00300-2
employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity,
disability 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.
g-8. 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, age,sexual orientation,gender identity,disability or national origin as recognized
under 42 USCS 12101 et seq.
g-9. The Contractor shall send to each labor union or representative of workers with which they have 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.
g-10. 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, and shall
permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be
those which are related to Paragraphs(7)through (13)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.
g-11. 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(7)through(13)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 necessary to
protect the interests of the City and to effectuate the 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 interest of the United States.
g-12. The Contractor shall file and shall cause their 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 their subcontractors.
g-13. The Contractor shall include the provisions of Paragraphs (7) through (13) of this Section, "Equal
Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so that
such provisions will be binding upon each subcontractor or vendor (refer to Specification Section 00205
for more detail).
102 North-Ash Tree Removals
Agreement
09-2018
00300-3
g-14. Contractor shall pay all just claims due for the payment of all employees and mechanics for labor that shall
be performed, for the payment of all material and equipment furnished, and for the payment of material
and equipment rental which is actually used or rented in the performance of the Contract.
g-15. The contract completion date for this project shall be Friday, March 1,2019. All work associated with the
project shall be completed on or before this date.
g-16. The Contractor shall guarantee their work for material and workmanship for a period of two(2)years after
the date of"substantial completion" of his Contract, and should any defect be discovered in any of the
work included in this Contract within the period of two (2) years from the "substantial completion" of this
Contract, the repair of such defect and the cost of such repairs shall be borne by the Contractor under
their Contract.
a. Substantial Completion: Substantial Completion shall mean that in general, the Work,
excluding minor punch list items and appropriate paperwork to closeout the project is
one hundred percent(100%)complete and ready for use by the Owner.
g-17. 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 finds 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 has 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 Workmen's Compensation laws of Nebraska for all workmen injured in the
scope of employment,and further agrees to keep said policy,or policies in full force and effect throughout
the term of this Contract. In addition, all other forms of insurance referred to in the specifications shall be
procured by the Contractor and kept in force and effect by it throughout the term of this Contract, and
certificate or certificates of insurance shall be filed by Contractor with the City of Omaha.
j. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official or any officer
or employee of the City shall have a financial interest,direct or indirect, in any City Contract. Any violation
of this section shall render the Contract voidable by the Mayor or City Council.
k. Any subsequent agreement between the parties hereto or any matter whatsoever shall be in writing and
executed by an authorized officer.
102 North-Ash Tree Removals
Agreement
09-2018
00300-4
r
n +
I. The parties hereto acknowledge that, as of the date of the execution of this agreement, Section 10-142 of
the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken
alone increases the original bid price as awarded (a)by ten percent, if the original bid price is one hundred
fifty thousand dollars($150,000)or more, or(b) by seventy-five thousand dollars($75,000) or more, shall
be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or
the authorization of any additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council.
The originally approved scope and primary features of a contract or purchase will not be significantly
revised as a result of amendments not approved in advance by the City Council. The provisions of this
Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority
of the Mayor under Section 5.16 of the City charter to approve immediate purchases.
m. General Contractor shall perform a minimum of thirty percent (30%) of the work without subcontracting.
Purchasing of materials shall not qualify as self-performing the Work.
IN WITNESS WHEREOF, we the contracting parties, by our representative duly authorized agents, hereto
affix our signatures and seals at Omaha, Nebraska;
TERRY HUGHES TREE SERVICE CITY OF OMAHA
Executed this / day of 06/Oht,42- ,20 / \13 Executed this «day of OC1 20 R
. ---:::1----
By:
(Authorized Signature) Jean Stothert,Mayor
S-4ue. lis,y j,"> et''' !S'i ATTEST:
/ (Printed`N me&Title)
(-\6)S10`-' ?" (9 \k—
City CI rk
Witness Signature
APPROVED AS TO FORM:
/ ti9/be
eputy City Attorney
102 North-Ash Tree Removals
Agreement
09-2018
00300-5
7 •
NO. IBC
Item Submitted By: Michaela Clemens
Department: Parks
Council Meeting Date: October 23, 2018
Res. that, as recommended by the Mayor, the bid in the total amount of $68,700.00 from Terry
Hughes Tree Service to furnish all labor, materials and equipment necessary to complete the
removal of ash trees, located at 102 North, Omaha, Nebraska, is hereby accepted. (The
Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in
this amount shall be paid from Fund No. 13356, 2014 Parks and Recreation Fund and
Organization No. 117317, Parks and Culture Bond, Project I.D. No. 2017P518.)
a�
Presented to City Council
October 23, 2018
APPROVED 7-0
8ltzabetli Nutler
City Clerk