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RES 2018-0452 - PO from Nova Fitness Equipment for total body trainers and functional trainers OF ow' k IL, �M �.��.. li «`' ' �r-yy? Office of the Mayor - �tr -`y 1819 Farnam Street,Suite 300 o .~ .a�, :"• Omaha,Nebraska 68183-0300 �00 A (402)444-5000 R4TBD FEBRVP� FAX: (402)444-6059 City of Omaha Jean Stothert,Mayor Honorable President and Members of the City Council, Attached is a Resolution to approve the purchase of and payment for 25 Cybex 770AT Total Body Trainers and 25 Cybex Braxo 8840H Functional Trainers from Nova Fitness Equipment in the amount of $283,348. The wellness and fitness equipment will be placed in fire stations to improve the physical fitness, help reduce injuries, and improve injury post-rehabilitation outcomes for members of the Omaha Fire Department. The following bids were received relative to the abovementioned items: Nova Fitness Equipment $283,348 Pro Maxima (bid rejected) $167,450 The City of Omaha is awarding the bid to Nova Fitness Equipment, the lowest and best bidder that met specifications. The wellness and fitness equipment is budgeted from and funded in the amount of $279,451 by the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) FY 2016 Assistance to Firefighters (AFG) Grant Program — Operations and Safety, Award #EMW-2016-FO-06996, approved by City Council on October 3, 2017, Ordinance No. 41265, Fund 12168, Organization 114516. A match in the amount of $3,897 is provided by the Omaha Fire Department from Fund 11111, Organization 114511, Account 42297. • Your favorable consideration is requested. Sincerely, Approved as to Funding: i''' L 30 I C41--- f4e‘-4y�z7JsJean Stothert Date B. Curtiss Date 4?-4,-1`6 Mayor Finance Director Approved: ro: ,\ , ir t, 1 ,,,A1)...„ , 1/--.2 -49 Franklin T. Thompson 4 Date Human Rights and Relations Director P:\MYR\0236PR C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,the Douglas County Purchasing Department prepared bid specifications for the purchase of 25 Cybex 770AT Total Body Trainers and 25 Cybex Braxo 8840H Functional Trainers for the Omaha Fire Department; and, WHEREAS,the bids of all bidders were reviewed, and it was determined that the bid of Nova Fitness Equipment in the amount of two hundred and eighty-three thousand,three hundred and forty-eight dollars($283,348)was the lowest and best bid which meets the wellness and fitness equipment specifications; and, WHEREAS, The City of Omaha is awarding the bid in the amount of two hundred and eighty-three thousand, three hundred and forty-eight dollars ($283,348)for 25 Cybex 770AT Total Body Trainers and 25 Cybex Braxo 8840H Functional Trainers; and, WHEREAS, the wellness and fitness equipment will improve the physical fitness, help reduce injuries, and improve injury post-rehabilitation outcomes for members of the Omaha Fire Department; and, WHEREAS, the purchase is budgeted from and funded by the funding for the agreement is budgeted in the amount of two hundred and eighty-three thousand,three hundred and forty-eight dollars ($283,348) from the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency(FEMA) FY 2016 Assistance to Firefighters(AFG)Grant Program —Operations and Safety, Award#EMW-2016-FO-06996, Fund 12168, Organization 114516; and, WHEREAS, it is in the best interest of the citizens of the City of Omaha to approve the agreement; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor,the purchase from Nova Fitness Equipment, the lowest and best bidder according to specifications, in the amount of two hundred and eighty- three thousand, three hundred and forty-eight dollars ($283,348) for the purchase of 25 Cybex 770AT Total Body Trainers and 25 Cybex Braxo 8840H Functional Trainers for.the Omaha Fire Department is hereby approved. FURTHER THAT, the Finance Director is authorized to provide payment of two hundred and seventy-nine thousand, four hundred and fifty-one dollars ($279,451) from the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) FY 2016 Assistance to Firefighters(AFG)Grant Program—Operations and Safety,Award#EMW-2016- FO-06996, Fund 12168, Organization 114516; and in accordance with the contract terms. By Councilmember 0 Adopted P:WIYR\0236PR City Clerk Approved Mayor C-25A CITY OF O MAFIA LEGISLATIVE CHAMBER Omaha,Nebraska FURTHER THAT, the Finance Director is authorized to provide payment of three thousand, eight hundred and ninety-seven dollars($3,897)from General Fund 11111, Organization 114511, Account 42297; and in accordance with the contract terms. APPROVED AS TO FORM: �a6 ids EPUTjY CITY ATTORNEY AT 6)64:47114% 1444.**Au. By MAY 0 8 2018 Councilmember Adopted City Clerk P:\MYR\0236PR Approv .- Mayor BID BOND: $2,500.00 Douglas County Purchasing TABULATION OF BIDS ON: CITY OF OMAHA Exercise Equipment Nova Fitness Pro Maxima Date of Opening Page.1 Equipment March 14, 2018 Department As Read in Bid Committee OFD Quantity DESCRIPTION UNIT UNIT UNIT UNIT UNIT UNIT PRICE C PRICE C PRICE PRICE PRICE PRICE • ARC Trainer, Cybex 770AT Total Body Trainer 25 each (No Substitutions) BID/each: $5,490.88 $4,199.00 Make: Cybex Vertex Model: 770AT VE-22 TOTAL: $137,272.00 $104,975.00 All-In-One Trainer, Cybex Bravo Functional Trainer, #8840H (4:1, 325 lb. Stack, Tall Chin Up) plus 25 each accessories (No Substitutions) BID/each: $5,843.04 $2,399.00 Make: Cybex Promaxima Model: Bravo 8840H CM-335 TOTAL: $146,076.00 $59,975.00 ALL OR NONE TOTAL BID: $283,348.00 $167,450.00 Additional Accessories Make: Pikepole -- Model: I-Beam -- Bid Bond Received: YES YES Terms: Net 30 Net 30 Delivery: 60 days 30 days • • HH DOUGLAS COUNTY . • REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA Exercise Equipment for Omaha Fire Department RETURN BIDS TO: Published: February 28,2018 Page 1 CITY CLERK 1819 Farnam Street BID BOND OR C ERTIFIED CHECK REQUIRED IN THE AMOUNT OF LC-1 Omaha-Douglas Civic Center 1$2,500:00 Omaha,NE 68183 BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO "CITY OF OMAHA" NOT AN ORDER Bid Opening Time&Date; 11:00 a.m.CST or Wednesday,March 14,2018 IMPORTANT 1. Bid must be in the office of the CITY CLERK,1819 Famam Street,LC-1, 4. If Federal Excise Tax applies,show amount of same and deduct. Omaha-Douglas Civic Center,Omaha,NE 68183 Exemption certificates will be famished. Do not Include tax in bid. by the opening date and time indicated in a sealed envelope marked: BID ON:CITY OF OMAHA Exercise Equipment for Omaha Fire Department 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. 2. As evidence of good faith a bid bond or certified check must be submitted with bid. 6. When submitting bid on items listed,bidder may on a separate sheet,make Bid bond or certified check shall be made payable to"City ofOmaha" suggestions covering reduction in costs wherever this is possible through FAILURE TO DO SO IS CAUSE FOR REJECTION. redesign,change of material or utilization of standard items or quantity change. 3. Right is reserved to accept or reject any or all bids in their entirety and the bidders shall 7. If you do not bid,return sheets with reason for declining. Failure to do so will indicate have the right to appeal any decision to the City Council. Right is also reserved to your desire to be removed from our mailing fist.TABULATION SHEETS FOR THE BIDS accept or reject any part of your bid unless otherwise indicated by you. SUBMITTED ARE AVAILABLE ON THE DOUGLAS COUNTY WEBSITE AT www.douolascountypurchasina.orq, DO NOT CALL FOR THIS INFORMATION. Quote your lowest price,best delivery and terms,.F.O.B.delivery point on the Item(s)listed below: QUANTITY DESCRIPTION UNIT PRICE EXTENSION Exercise Equipment for the City of Omaha Fire.Department per the attached specifications. ALL OR NONE TOTAL BID: $a23,34%. 03 $2,500.00 Bid Bond Questions regarding this bid should be sent via email to bidquestions@douglascounty-ne.gov. Vendor must include the bid title and opening date in the subject line. The deadline to submit questions on this bid is 11:00 a.m. on the Thursday before the bid opening date. Answers to questions will be posted via an addendum at www.douglascountypurchasing.org under Current Bids and Proposals for your specific bid, not later than the Friday prior to bid opening. All bidders awarded a contract In the amount of$10,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human ' Rights&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&Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms Nar'ai;/o Firm: Novp, 4..}1.•)...- s Incorporated In: KJa,}v4,.s 1. Delivery(or completion) Name: K f` S�. /�ti S K Signature: �%��,....�,,._ G?(I) calendar days following Title:('W tV Lr / C..E 0 LI Fax:4.61,_ 3.q 3., c S-(o award Address:`i 51 V S, 1 MA* C t.call. Oc sc lnc- (V'lG Lost 31 Street/P.O.Box City State Zip Email Address: Kr.StY K Q r0Vo,N;QC`' DOUGLAS COUNTY REQUEST FOR BID & BID SHEET ON: CITY OF OMAHA-Exercise Equipment for Omaha Fire Department • NOT AN ORDER Page 2 QUANTITY DESCRIPTION UNIT PRICE EXTENSION ARC Trainer,Cybex 770AT Total Body Trainer 25 each (No Substitutions) BID/each: Make: C Model: .1-1 C.) BT LA! nd Vendor will deliver and install one(1)device in each of the twenty-five(25)fire station locations. Yes)( No -.F.;df••••; arranty ' . The manufacturer shall offer a minimum of three(3)year full-service warranty on all parts and labor at no cost. Yes No The vendor shall offer a three(3)year bi-annual service contract to provide routine cleaning and maintenance at no cost. Yes )( No • z z';'‘ 'k‘:??. r t,-;•" r ; • Tram ung The vendor shall provide'Train the Trainer training to peer fitness trainers on each of the three(3)shifts in each of the seven(7) battalions of the Omaha Fire Department to ensure firefighters can use the equipment properly at no cost. Yes ' . No , - • - • , , • Smartphone Apps shall be available to work in conjunction with the equipment identified in this bid request to assist firefighters tracking their physical fitness progress. Free online access to videos and/or workout assistance through vendor site or applications like You Tube or similar is required. Yes No • • SIGN ALL COPIES Firm NcNo. By 11-,(-7.53cy 14Nk‘s kg.; it Title 0,4.) CONTINUATION SHEET DOUGLAS COUNTY REQUEST FOR BID & BID SHEET ON: CITY OF OMAHA-Exercise Equipment for Omaha.Fire Department NOT AN ORDER Page 3 QUANTITY DESCRIPTION UNIT PRICE EXTENSION All-in-One Trainer, Cybex Bravo Functional Trainer, #8840H(4:1,325 lb.Stack,Tall Chin Up) plus 25 each accessories(No Substitutions) BID/each: $Gt-t7J.04+ $14-t(o,OR(o•tc ien n,Make: 1, j be Model: Citable)4- AJO S Okt Additi n`al Accessories to be.included with e▪ achxFunctional Trainer . N Twenty-Five(25)Custom Pike Poles for Training Exercises, Zico 4"4030 I-Beam Pole with MPH Pike Head Custom with Carribean Clip Mount or equal. • Make: Zord Model ery a ▪ n. Delp nd Installatlo ti, Vendor will deliver and install one(1) Functional Trainer in each of the twenty-five(25)fire station locations. Yeses No The mpnufacturer shall offer a minimum of three(3)year full-service warranty on all parts and labor at no cost. Yes No The ve idor shall offer a three(3)year bi-annual service contract to provide routine cleaning and maintenance at no cost. Yes '- No • 'earning ° The vendor shall provide"Train the Trainer'training to peer fitness trainers on each of the three(3)shifts in each of the seven(7)battalions of the Omaha Fire Department to ensure firefighters can use the equipment properly at no cost. Yes ,t No - Gj^P •r Smaitphone Apps. Smartphone Apps shall be available to work in conjunction with the equipment identified in this bid request to assist firefighters tracking their physical fitness progress. Free online access to videos and/or workout assistance through vendo_risite or applications like You Tube or similar is required. Yes No ALL OR NONE TOTAL BID(Please put this amount on Page 1): 86, 6 .cb SIGN ALL COPIES Firm ',.Ja0, As By b,I-'. Title ©4 CONTINUATION SHEET DOUGLAS COUNTY REQUEST FOR BID ON: CITY OF OMAHA-Exercise Equipment for Omaha Fire Department NOT AN ORDER Page 4 BID CLAUSES -TERMS AND CONDITIONS REQUIREMENTS FOR BID BOND: The surety company issuing the bid bond should be licensed by the State of Nebraska and listed on the current edition of Circular 570 of the United States Department of the Treasury. A certified check, an official bank check,or cashier's checks drawn on a national bank or a bank chartered under the laws of the state, payable to the City of Omaha,or lawful money of the United States,or a United States Government Bond(negotiable)are acceptable substitutes for bond requirements. LETTERS OF CREDIT AND COMPANY CHECKS ARE NOT ACCEPTABLE SUBSTITUTES FOR A BID BOND AND WOULD BE CAUSE FOR REJECTION OF BID. If a bidder submits more than one bid, only one bid bond is required. Vendor Restrictions: From the date the bid is issued until a determination is announced regarding the selection of the contractor,contact regarding this project between potential consultants/vendors/contractors and individuals employed by the City of Omaha (Omaha)is restricted to only written communication with the person designated as the point of contact for this bid. Once a contractor is preliminarily selected,that contractor is restricted from communicating with Omaha employees with the exception of employees designated to negotiate,discuss or finalize a contract. Violation of this condition may be considered sufficient cause to reject a contractor's proposal and/or selection irrespective of any other condition. Conflict of interest: Pursuant to Section 8.05 of the Home Rule Charter and all state and local rules, CONTRACTOR assures City of Omaha(CITY)that no elected Official or any officer or CITY employee shall have a financial interest, direct or indirect, in any CITY agreement. In the performance of this agreement, CONTRACTOR.will avoid all conflicts of interests or appearances of conflict of interest. CONTRACTOR will report any conflict of interest immediately to the CITY. CONTRACTOR did not and will not provide any money or other benefit of any kind to any CITY employee in the procuring of, facilitation of, and execution of or during the duration of this A reement. ., . Drug Free Policy: CONTRACTOR assures City of Omaha that CONTRACTOR has established and maintains a drug free workplace policy. Unavailability of Funding: Due to possible future reductions including but not limited City of Omaha (CITY), State and/or Federal appropriations,the CITY cannot guarantee the continued availability of funding for this Agreement, notwithstanding the consideration stated in this Agreement. In the event funds to finance this Agreement become unavailable either in full or in part due to such reduction in appropriations,the CITY may terminate the Agreement or reduce the consideration upon notice in writing to Contractor. The notice shall be delivered by certified mail, return receipt requested,or in person with proof of delivery. The CITY shall be the final authority as to the availability of funds. The effective date of such Agreement termination or reduction in consideration shall be specified in the notice as the date of service of the notice or the actual effective date of the CITY,State and/or Federal funding reduction,whichever is later. Provided,that reduction shall not apply to payments made for services satisfactorily completed prior to the effective date. in the event of a reduction of consideration, Contractor may cancel this Agreement as of the effective date of the proposed reduction upon the provision of advance written notice to CiTY. PAYMENT TERMS: Net 30 payment terms shall apply to all invoices billed to the City of Omaha. Payment of invoice amount will occur within 30 days following receipt of invoice or receipt of goods/services,whichever is later. This is an All or None bid. Vendors must bid on every item listed in the bid sheets,or it will be cause for rejection of bid. PURCHASE OF ADDITIONAL UNITS: Bidders must provide a date for the below statement. The purchase of additional units by the City of Omaha or Douglas County under this contract award shall be held firm through the following date: I C / 3\ / a-6.1/4c SIGN ALL COPIES Firm [Q o P• �r ¢5s ,,.`. ;�� Nam' By i.r:5 . 1{ws Title Ow.1,,,,s 1 C �=) CONTINUATION SHEET DOUGLAS COUNTY REQUEST FOR BID ON: CITY OF OMAHA- Exercise Equipment for Omaha Fire Department NOT AN ORDER Page 5 BID CLAUSES-TERMS AND CONDITIONS INSURANCE: Each bidder must provide a Certificate of Insurance with their bid documents which details their current levels of coverage. FOLLOWING AWARD OF CONTRACT: For City projects where the scope of work will be less than$200,000.00, it is required that the awarded contractor provide a Certificate of Insurance meeting or exceeding the following levels of insurance:(1)adequate workers'compensation (statutory); (2)commercial general liability in an amount not less than $250,000 for any person for any number of claims arising out of a single occurrence and not less than$500,000 for all claims arising out of a single occurrence; and(3) property damage Insurance in an amount not less than$500,000; and naming CITY OF OMAHA as an additional insured,except for Workers'Compensation policies/certificates,for the term of the agreement. Certificates of Insurance are required before service begins. FOLLOWING AWARD OF CONTRACT: For City projects where the scope of work will exceed$200,000.00, it is required that the awarded contractor provide a Certificate of Insurance meeting or exceeding the following levels of insurance: (1)adequate workers'compensation(statutory); (2)commercial general liability in an amount not less than $1,000,000 for any person for any number of claims arising out of a single occurrence and not less than$5,000,000 for all claims arising out of a single occurrence;and (3) property damage insurance in an amount not less than $500,000; and naming CITY OF OMAHA as an additional insured,except for Workers'Compensation policies/certificates, for the term of the agreement. Certificates of Insurance are required before service begins. INDEPENDENT VENDOR: Both parties understand and agree that(vendor)is an independent vendor under the provisions of this Agreement and not employed by or otherwise affiliated with Douglas County(COUNTY)or the City of Omaha(CITY). Employees of vendor(if any)are not employees of COUNTY/CITY. Each Party shall pay all wages, salaries and other amounts due its employees and shall be responsible for all reports, obligations, and payments pertaining to social security taxation, income tax withholding,workers'compensation, unemployment compensation,group insurance coverage,collective bargaining agreements or any other such similar matters. Both parties understand and agree that vendor is solely responsible for acquiring and maintaining,for the term of this Agreement, adequate general and special liability insurance,including but not limited to workers'compensation insurance, sufficient to protect vendor's ability to complete performance under this Agreement. Neither Party shall have any authority to bind the other by or with any contract or agreement, nor to impose any liability upon the other.All acts and contracts of each shall be in its own name and not in the name of the other. SIGN ALL COPIES Firm N G O P. V:fir By 'ihc;S~t let.a�j Title Q:,.)Va,a,r / CE 0 CONTINUATION SHEET DOUGLAS COUNTY REQUEST FOR BID ON: CITY OF OMAHA-Exercise Equipment for:Omaha Fire Department NOT AN ORDER Page 6 BID CLAUSES-TERMS AND CONDITIONS Equal Employment Opportunity: In accordance with the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §48-1122,the Contractor agrees that neither it nor any of its subcontractors shall discriminate against any employee, or applicant for employment to be employed In the performance of this Agreement,with respect to hire,tenure,terms, conditions,or privileges of employment because of the race,color, religion, sex,disability,or national origin of the employee or applicant. New Employee Work Eligibility Status(Neb. Rev.Stet.§4-108-114) The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship,the following applies: 1. The Contractor must complete the United States Citizenship:Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SIGN ALL COPIES Firm N 01 A-04..s5 BY asr� lam:V-0. Title (2kw tJ�r J C.e. (l CONTINUATION SHEET Responsible Contractor Compliance Form RC-1 Uor �7 A fy p ti 1. Regulation: 'Tto FEso 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. 2. Filing this Report(please initial in the boxes below): Contractor agrees that Contractor will not knowingly employ or hire an employee not lawfully Y-L authorized to perform employment in the United'`States`ant)that the Contractor and all sub- contractors shall use E-Verify to determine work eligibility. i Contractor agreestha Contractor will not knowingly violate Nebraska's Misclassification of �I Employee law(Neb.Rev.Stat.Section 4$-2901 et seq:). .x..1 Contractor agrees that Contractor will not knowingly viol ate N ebraskal s Fair Labor Standards Law(Neb.Rev.Stat.Section 73-104 et seq.). k��I Contractor has not been convicted of any tax violations(local,State and Federal)within the last 'l three years from the date this bid is submitted. Contractor has not,upon final determination by the Occupational Safety and Health MI Administration,been convicted of a criminal,repeat,or willful violation of the Occupational Safety and Health Act(OSHA)or been convicted of 3(three)separate"serious?' OSHA violations within the past three(3)years. I 41, Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the provisions of the Responsible Contractor Compliance Form RC-1. 24 ( 7.2 Signature Da 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. EMPLOYEE CLASSIFICATION ACT: Each contractor who performs construction or delivery service pursuant to this contract shall submit with their bid submission an affidavit attesting that (1) each individual performing services for such contractor is properly classified under the Nebraska Employee Classification Act,2010 LB 563 ("the Act"); (2) such contractor has completed a Federal I-9 Immigration form and has such form on file for each employee performing services; (3) such contractor has complied with Neb. Rev. Stat. Section 4-114 (Federal Immigration Verification System--E- Verify); (4) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker; and (5) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. The contractor shall follow the provisions of the Act. A violation of the Act by a contractor is grounds for rescission of the contract by City of Omaha/Douglas County. CONTRACTOR shall follow the provisions of the Employee Classification Act (Act). A violation of the Act will be a material breach and, in addition to any other remedies, be grounds for immediate contract rescission. If CONTRACTOR is performing construction or providing delivery service, CONTRACTOR shall submit an affidavit that complies with the Act. CONTRACTOR will also ensure that all subcontractors performing services for Contractor will also complete affidavits that comply with the Act. Contractor may submit the affidavit(s) with their bid submission. In all circumstances, Contractor shall provide the affidavits before work or services are undertaken pursuant to this Agreement. Following award, if CONTRACTOR changes or adds additional subcontractors, CONTRACTOR shall ensure that the subcontractor provides'an Employee Classification Act affidavit to Douglas County Purchasing Department before that subcontractor begins work or services. All Employee Classification Act affidavits shall be sent to: Douglas County Purchasing Agent, 1819 Farnam Street,Room 902, Omaha NE 68183. FAIR LABOR STANDARDS: CONTRACTOR agrees to maintain FAIR LABOR STANDARDS as defined in Neb. Rev Stat § 73-104. CONTRACTOR has filed with Douglas County (City/County Purchasing) a statement that it is complying with and will continue to comply with, fair labor standards as provided in Neb. Rev. Stat. §§73-102 & 73-104. In addition, CONTRACTOR assures County that it will continue to comply with statutory fair labor standards throughout its performance under this contract. AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT&FAIR LABOR STANDARDS W14, 111LA , being first duly sworn under oath, state and depose as follows: 1. I am competent to testify to,and have personal knowledge of,the matters stated in this affidavit. 2. I am (a contractor) or (the authorized agent of the contractor) for \iO\Jc - kh?1O F -^ (L-Q4-* Company, (hereinafter "Contractor"). I attest to the following: (a) each individual performing services for Contractor is properly classified under the Nebraska Employee Classification Act, ("the Act"), (b) Contractor has completed a federal I- 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 the Act FURTHER AFFIANT SAYETH NAUGHT. Affi t( ontractor) /J SUBSCRIBED AND SWORN TO before me this CJ day of L,, 20 I 1;otary41 („,A GENERAL NOTARY-State of Nebraska Public Elts WARREN A.YOUNG, • My Comm.Exp.October 26,2020 A Rom® IY CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYYY) 3/5/2018 THIS CERTIFICATE IS ISSUED AS A.MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND•OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. • IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement..A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Krie Grube NAME: Elite Insurance Services Inc PHONE (402)691-8118 FAX (402)691-8140 _LAIC.No.Est): (NC.NM: 11909 P Street, Suite 203 E-MAIL ADDRESS:kris@eliteins4u.com • INSURER(S)AFFORDING COVERAGE NAIC!$ Omaha NE 68137 INSURER A:Iowa Mutual Group INSURED INSURERS: Spectrum Holdings Inc. INSURERC: DBA Nova Fitness Equipment INSURERD: 4511 S 119th Cir INSURER El Omaha 68137 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1822234534 REVISION NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER IMM/D➢!YYYY1 IMMIDDI I�'YI X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 RENTED A CLAIMS-MADE I X I OCCUR • PREMISESD(Ea occurrence} $ 500,000 • X BUSINESSOWNBRS LIABILITY X A0395257313 3/7/2018 3/7/2019 MED EXP(Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JEOT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Employee Benefits $ Incl AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 _ fEa accident) A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS A039525HA 3/7/2018 3/7/2019 BODILY INJURY(Per accident) $ AUTOS --^ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS (Per acdden0 _Uninsured motorist combined $ 1,000,000 X UMBRELLA UAB X OCCUR EACH OCCURRENCE _ $ 4,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE S 4,000,000 DED RETENTIONS A03952500 3/7/2018 3/7/2019 $ WORKERS COMPENSATION • X PER STATUTE ERH AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT S 1,000,000 A OFFICER/MEMBER EXCLUDED? A039525NC 3/7/2018 3/7/2019 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes.describe under DESCRIPTION OF OPERATIONS below , E.L.DISEASE-POLICY LIMIT $ 1,000,000 • DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more apace is required) City of Omaha is included as an additional insured on the General Liability policy per form 475-B attached. • CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE • City of Omaha THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 1819 Farnam St, LC-1 Omaha, NE 68183 AUTHORIZED REPRESENTATIVE f Tim Lorang/GRUBE ��-�"^' r ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) POLICY NUMBER: A039525BU NAMED INSURED: SPECTRUM HOLDINGS INC DBA NOVA FITNESS EQUIPMENT ADDITIONAL INSURED-OWNERS., LESSEES OR CONTRACTORS—COMPLETED OPERATIONS THIS ENDORSEMENT.CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: BUSINESSOWNERS•LIABILITYCOVERAGE FORM BP 00 0601-97 SCHEDULE Name of Additional Insured Location and Description of Completed Operations Person(s)Or Organization(s) THOSE PERSONS OR ORGANIZATIONS WITH WHOM YOU HAVE AGREED THROUGH A WRITTEN CONTRACT EXECUTED PRIOR'TOTHE LOSS For the purposes of this endorsement,SECTION C 1. is amended to include the following: Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)shown in the Schedule, but only with respect to liability or"bodily injury"or"property damage"caused, in whole or in part, by"your work' at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products- completed operations hazard". Form.475-B Includes copyrighted material of Insurance.Services Office,Inc.,with its permission. Page 12 of 12 • • _ a . 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( r,"y 0 - ,45.,...,.4.,..4., .4:-..s.,,,,\ ..--04":1,-..z., .' ,..!.--5...........5 .-mt-i ph i.-,a, •;,.8:,....:,z, ,,,,._.... hh Fly , SY. 1+�C•: t i 8Y d ° ibi ,5., is �''::.. „. .I , E ~; : I.. c !x'`,a ir:;. , - dF..,rJ?ai, ? r1{l*ti. :) ; Sjai ;C 1k: r. •v�r o- 'G IV. t ^r a '' i, 'S a.ri:.e e )" ib` 4 - ° 1 . ea .rea e Y � 800-731-6652 o vieviivv,promanirna.com o 7/3-667-9606 QUOTE Page: I • LEAD SOURCE: Promaxima Manufacturing, LTD 5310 Ashbrook QUOTE NUMBER: 0200088 Houston,TX 77081 QUOTE DATE: 3/9/2018 (800)231-6652 Fax:(713)667-9941 EXPIRATION DATE: 12/31/5999 CUSTOMER NO: 00-CI68183 QUOTE TO: SHIP TO: CITY OF OMAHA CITY OF OMAHA 1819 FARNAM STREET 1819 FARNAM STREET Omaha, NE 68183 Omaha, NE 68183 ATTN: COMMENT: Phone: Email: SALESPERSON: Tony Pontigo CUSTOMER P.O. SHIP VIA F.O.B. TERMS Due on Delivery QUANTITY ITEM NO. DESCRIPTION UNIT PRICE AMOUNT REQD DROP SHIP? Douglas County:Exercise Equipment for Omaha Fire Department Due Date:3/14/2018 at 11:00a.m. 25 CV-VE22. Total Body Variable Stride Runner,Adjustable Fingertip Controls, 4,199.00 104,975.00 Adjustable Stride/Incline 1-10,Large Step-up Plate,Heart Rate Sensors, Ability To Receive Digital Heart Rate Monitoring Stats Via Heart Rate • Chest Strap And Heart Rate Monitor,Powder Coa ted Steel Frame,Non-skid Foot Pedals,Urethane Grips,Upper/Lower Body Workout,Self Powered with Optional 120 Volt Power Requirements,iPhone/iPod Compatibility,Headphone Jack,USB Port, Dual Setting Fan With Adjustable Vent,Accessory Tray,Cup Holde r,Book Rack,Maximum User Weight:4001bs 25 CM-335 Dual Adjustable Pulley System:2-225 lb.Weight Stack With Enclosed 2,399.00 59,975.00 Weight Shields: 11 Different Pulley Adjustments On Each Column, Allows 1 or 2 Users, Over 35 Total Body Exercises,Unit Comes With 2 -Patented Rotating Trak Sport Handles,A Multi Grip Chin Station&Accessory Holder,Includes A Pro Straight Rotating Bar For Squats,Arm Curls.etc. Net Order: 164,950.00 Sales Tax: 0.00 76-0578028 Order Total: 164,950.00 . . • , . . • , F3 iiii:=1aii-4)- 1r-r)F •. . • • A vr V E 22 . . c ride Elliptical Mult , . .. . r . . . . _.. ,. -. . , . 1 • . ,., / lliff'74 4' 1 :1111rteed,"' ‘^':, AO.:‘44 ,..: -...--- . • 1 ,. .;,.-...,....,..1-,L.:11 i^ ,._.—.. 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' ...•- ' rowtho wet to road atm r1.11.4 tmo okk al mlvy illy wisable tantAs trpm2S 4/..+1 I 0 530 055505 ON.1,5[51.;510,rrtf95 Z n We b..tr an seLpg tho easist,Ir40 155551 1st ihn steppit,trea&r.3..i VA•55p 6c4,5 ymeztut pu'rcinuma 0 a.strve 800-231-6 ,.probia*ima.coen 713-667-.9606 HH DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA Exercise Equipment for Omaha Fire Department RETURN BIDS TO: Published: February 28,2018 Page 1 CITY CLERK 1819 Farnam Street BID BOND OR.CERTIFIED CHECK REQUIRED IN THE AMOUNT OF LC-1 Omaha-Douglas Civic Center I$2,500.00` Omaha,NE 68183 BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO "CITY OF OMAHA" NOT AN ORDER Bid Opening Time&Date: 11:00 a.m.CST or Wednesday,March 14,2018 IMPORTANT 1. Bid must be in the office of the CITY CLERK,1819 Farnam Street,LC-1, 4. If Federal Excise Tax applies,show amount of same and deduct. Omaha-Douglas Civic Center,Omaha,NE 68183 Exemption certificates will be furnished. Do not Include tax In bid. by the opening date and time indicated in a sealed envelope marked: BID ON:CITY OF OMAHA Exercise Equipment for Omaha Fire Department 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. 2. As evidence of good faith a bid bond or certified check must be submitted with bid. 6. When submitting bid on items listed,bidder may on a separate sheet,make Bid bond or certified check shall be made payable to"City of Omaha" suggestions covering reduction in costs wherever this is possible through FAILURE TO DO SO IS CAUSE FOR REJECTION. redesign,change of material or utilization of standard items or quantity change. 3. Right is reserved to accept or reject any or all bids in their entirety and the bidders shall 7. If you do not bid,return sheets with reason for declining. Failure to do so will indicate have the right to appeal any decision to the City Council. Right Is also reserved to your desire to be removed from our mailing list.TABULATION SHEETS FOR THE BIDS accept or reject any part of your bid unless otherwise indicated by you. SUBMITTED ARE AVAILABLE ON THE DOUGLAS COUNTY WEBSITE AT www.douglascountvpurchaslnq.orq. DO NOT CALL FOR THIS INFORMATION. Quote your lowest price,best delivery and terms,F.O.B.delivery point on the item(s)listed below: QUANTITY DESCRIPTION UNIT PRICE EXTENSION Exercise Equipment for the City of Omaha Fire Department per the attached specifications. • ALL OR NONE TOTAL BID: $ (V7 I f' '1' c�c) $2,500.00 Bid Bond • Questions regarding this bid should be sent via email to �i r t� bidquestions@douglascounty-ne.gov. Vendor must include the bid title and opening date in the subject line. The deadline to submit questions on.this bid is 11:00 a.m. on the Thursday before the bid opening date. Answers to questions will be posted via an addendum at www.douglascountypurchasing.org under Current Bids and Proposals for your specific bid, not later than the Friday prior to bid opening. All bidders awarded a contract In the amount of$10,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&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&Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms___%_ 30 /"t9i M 6t7(("/1/1 try r/LFG" 'Incorporated In: el 6, 425) Delivery(or completion) Name: rO/A7, Poet t C,00" 'Signature: calendar days following Title:AC 60r44n r/► /�, - �,(r-C. Phon�/e: .7 f 3'4t 7+ 7 o6 Fax: 7 f 3-•44 7-%q 1/ award Address: F3!/a d4.5htve,0/ , G /tS Byt 7 Qp I Street/P.O.Box City State Zip Email Address: (, P /9/0put�i j/1�(,� . CG✓,1 AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT&FAIR LABOR STANDARDS Il?-,5e - being first duly sworn under oath, state and depose as follows: 1. 1 am competent to testify to, and have personal knowledge of,the matters stated in this affidavit. 2. I am (a contractor) or (the authorized agent of the contractor) for Pmale? 44 11F,- Company, (hereinafter "Contractor"). I attest to the following: (a) each individual performing services for Contractor is properly classified under the Nebraska Employee Classification Act, ("the Act"), (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 the Act. FURTHER AFFIANT SAYETH NAUGHT. ,7 Affiant(Contractor) SUBSCRIBED AND SWORN TO before me this 41011, �V"" /4 LILY GONZALEZ `�J,�pRY Pv�i�� .0 Notary Public.State of Texas ' ' Comm.Expires 02-19-2022 I Not. P 11. C it;.,P Notary ID 128178828 DOUGLAS COUNTY REQUEST FOR BID & BID SHEET ON: CITY OF OMAHA-Exercise Equipment for Omaha Fire Department NOT AN ORDER Page 2 QUANTITY DESCRIPTION UNIT PRICE EXTENSION ARC Trainer, Cybex 770ATTotal Body Trainer — 25 each (No Substitutions) BID/each: $ $ 01 ) - 3/11(Make: kte r re X (L, qzJ Model: J jr.- Delivery and Installation Vendor vjll deliver and install one (1)device in each of the twenty-five(25)fire station locations. Yes c-**" No Warranty The ma9eacturer shall offer a minimum of three(3)year full-service warranty on all parts and labor at no cost. Yes V No The vener shall offer a three(3)year bi-annual service contract to provide routine cleaning and maintenance at no cost. Yes 4, No Training The vendor shall provide"Train the Trainer training to peer fitness trainers on each of the three (3)shifts in each of the seven (7)battalions the Omaha Fire Department to ensure firefighters can use the equipment properly at no cost. Yes No ••• Smartphone Apps • : • .• ••• • •,,.-<.,.....-:- Snnartphone Apps shall be available to work in conjunction with the equipment identified in this bid request to assist firefighters tracking their physical fitness progress. Free online access to videos and/or workout assistance through vendor site or appli;ations like You Tube or similar is required. Yes No • SIGN ALL COPIES Firm /73. 4414i /1 F1-. By - oily (*) (1 0 Title ACeeltiiir %.ec(Ali'lie CONTINUATION SHEET • DOUGLAS COUNTY REQUEST FOR BID & BID SHEET ON: CITY OF OMAHA-Exercise Equipment for Omaha Fire Department NOT AN ORDER Page 3 QUANTITY DESCRIPTION UNIT PRICE EXTENSION All-in-One Trainer, Cybex Bravo Functional Trainer, #8840H (4:1,325 lb. Stack, Tall Chin Up)plus (i_1 25 each accessories(No Substitutions) BID/each: $ 9)-5 C') $ 1 It) 5/aiy Make: P rolvitt yo'tv)01. flu F 111‘4) 12-bi Model: d m 335 Additional Accessories Trainer Twenty-Five (25)Custom Pike Poles for Training Exercises, Zico 4"4030 I-Beam Pole with MPH Pike Head Custom with Carribean Clip Mount or equal. • Make: Model: . „ Delivery and Installation Vendor vAl deliver and install one(1)Functional Trainer in each of the twenty-five (25)fire station locations. Yes -' No • Warranty The maXfacturer shall offer a minimum of three(3)year full-service warranty on all parts and labor at no cost. Yes " No The verOor shall offer a three(3)year bi-annual service contract to provide routine cleaning and maintenance at no cost. Yes V No Training 1.E The vendor shall provide"Train the Trainer"training to peer fitness trainers on each of the three(3)shifts in each of the seven (7)battalions9fthe Omaha Fire Department to ensure firefighters can use the equipment properly at no cost. Yes No 17 7 • • Srrtartphone:Apps::c.:: ;,:., v-• •,!; Smartphone Apps shall be available to work in conjunction with the equipment identified in this bid request to assist firefighters tracking their physical fitness progress. Free online access to videos and/or workout assistance through vendor site or applicajorrt like You Tube or similar is required. Yes No L." ALL OR NONE TOTAL BID(Please put this amount on Page 1): $ 1611/ 5O SIGN ALL COPIES Firm Fi:0/1101-61044A, F By . ft,ji Title hce64n e CONTINUATION SHEET • • DOUGLAS COUNTY REQUEST FOR BID ON: CITY OF OMAHA-Exercise Equipment for Omaha Fire Department NOT AN ORDER Page 4 BID CLAUSES -TERMS AND CONDITIONS REQUIREMENTS FOR BID BOND: The surety company issuing the bid bond should be licensed by the State of Nebraska and listed on the current edition of Circular 570 of the United States Department of the Treasury. A certified check,an official bank check,or cashier's checks drawn on a national bank or a.bank chartered under the laws of the state, payable to the City of Omaha,or lawful money of the United States, or a United States Government Bond (negotiable)are acceptable substitutes for bond requirements. LETTERS OF CREDIT AND COMPANY CHECKS ARE NOT ACCEPTABLE SUBSTITUTES FOR A BID BOND AND WOULD BE CAUSE FOR REJECTION OF BID. If a bidder submits more than one bid,only one bid bond is required. Vendor Restrictions: From the date the bid is issued until a determination is announced regarding the selection of the contractor, contact regarding this project between potential consultants/vendors/contractors and individuals employed by the City of Omaha (Omaha)is restricted to only written communication with the person designated as the point of contact for this bid. Once a contractor is preliminarily selected,that contractor is restricted from communicating with Omaha employees with the exception of employees designated to negotiate,discuss or finalize a contract. Violation of this condition may be considered sufficient cause to reject a contractor's proposal and/or selection irrespective of any other condition. Conflict of Interest: Pursuant to Section 8.05 of the Home Rule Charter and all state and local rules, CONTRACTOR assures City of Omaha (CITY)that no elected Official or any officer or CITY employee shall have a financial interest, direct or indirect, in any CITY agreement. In the performance of this agreement, CONTRACTOR will avoid all conflicts of interests or appearances of conflict of interest. CONTRACTOR will report any conflict of interest immediately to the CITY. CONTRACTOR did not and will not provide any money or other benefit of any kind to any CITY employee in the procuring of, facilitation of, and execution of or during the duration of this Agreement. Drug Free Policy: CONTRACTOR assures City of Omaha that CONTRACTOR has established and maintains a drug free workplace policy. Unavailability of Funding: Due to possible future reductions including but not limited City of Omaha(CITY), State and/or Federal appropriations,the CITY cannot guarantee the continued availabilityy of funding for this Agreement, notwithstanding the consideration stated in this Agreement. In the event funds to finance this Agreement become unavailable either in full or in part due to such reduction in appropriations,the CITY may terminate the Agreement or reduce the consideration upon notice in writing to Contractor. The notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The CITY shall be the final authority as to the availability of funds. The effective date of such Agreement termination or reduction in consideration shall be specified in the notice as the date of service of the notice or the actual effective date of the CITY, State and/or Federal funding reduction,whichever is later. Provided, that reduction shall not apply to payments made for services satisfactorily completed prior to the effective date. In the event of a reduction of consideration, Contractor may cancel this Agreement as of the effective date of the proposed reduction upon the provision of advance written notice to CITY. PAYMENT TERMS: Net 30 payment terms shall apply to all invoices billed to the City of Omaha. Payment of invoice amount will occur within 30 days following receipt of invoice or receipt of goods/services,whichever is later. This is an All or None bid. Vendors must bid on every item listed in the bid sheets, or it will be cause for rejection of bid. PURCHASE OF ADDITIONAL UNITS: Bidders must provide a date for the below statement. The purchase of additional units by the City of Omaha or Douglas County under this contract award shall be held firm through the following date: 17Z. I 3 / I ZO 1(4' . SIGN ALL COPIES Firm is !Io wvA l e BY A?/ 1/1 , 0 Title J.CCfltui:1' C2^��G 1%liQ CONTINUATION SHEET DOUGLAS COUNTY REQUEST FOR BID ON: CITY OF OMAHA-Exercise Equipment for Omaha Fire Department NOT AN ORDER Page 5 BID CLAUSES-TERMS AND CONDITIONS INSURANCE: Each bidder must provide a Certificate of Insurance with their bid documents which details their current levels of coverage. FOLLOWING AWARD OF CONTRACT: For City projects where the scope of work will be less than$200,000.00, it is required that the awarded contractor provide a Certificate of Insurance meeting or exceeding the following levels of insurance:(1)adequate workers'compensation(statutory); (2)commercial general liability in an amount not less than $250,000 for any person for any number of claims arising out of a single occurrence and not less than$500,000 for all claims arising out of a single occurrence; and (3)property damage insurance in an amount not less than $500,000; and naming CITY OF OMAHA as an additional insured, except for Workers'Compensation policies/certificates,for the term of the agreement. Certificates of Insurance are required before service begins. FOLLOWING AWARD OF CONTRACT: For City projects where the scope of work will exceed $200,000.00, it is required that the awarded contractor provide a Certificate of Insurance meeting or exceeding the following levels of insurance: (1)adequate workers'compensation (statutory); (2)commercial general liability in an amount not less than $1,000,000 for any person for any number of claims arising out of a single occurrence and not less than $5,000,000 for all claims arising out of a single occurrence; and(3)property damage insurance in an amount not less than $500,000;and naming CITY OF OMAHA as an additional insured, except for Workers' Compensation policies/certificates,for the term of the agreement. Certificates of Insurance are required before service begins. INDEPENDENT VENDOR: Both parties understand and agree that(vendor)is an independent vendor under the provisions of this Agreement and not employed by or otherwise affiliated with Douglas County(COUNTY)or the City of Omaha(CITY). Employees of vendor(if any)are not employees of COUNTY/CITY. Each Party shall pay all wages, salaries and other amounts due its employees and shall be responsible for all reports, obligations, and payments pertaining to social security taxation, income tax withholding,workers'compensation, unemployment compensation, group insurance coverage,collective bargaining agreements or any other such similar matters. Both parties understand and agree that vendor is solely responsible for acquiring and maintaining,for the term of this Agreement, adequate general and special liability insurance, including but not limited to workers'compensation insurance,sufficient to protect vendor's ability to complete performance under this Agreement. Neither Party shall have any authority to bind the other by or with any contract or agreement, nor to impose any liability upon the other.All acts and contracts of each shall be in its own name and not in the name of the other. • SIGN ALL COPIES Firm r yn)G(, i im&t ; F Tittle ACUgl�T o ®t1 l'nu.Ir1AU1 I Arlrlwl QLJCCI DOUGLAS COUNTY REQUEST FOR BID ON: CITY OF OMAHA-Exercise Equipment for Omaha Fire Department NOT AN ORDER Page 6 BID CLAUSES-TERMS AND CONDITIONS Equal Employment Opportunity: In accordance with the Nebraska Fair Employment Practice Act, Neb. Rev.Stat. §48-1122,the Contractor agrees that neither it nor any of its subcontractors shall discriminate against any employee, or applicant for employment to be employed in the performance of this Agreement,with respect to hire,tenure, terms, conditions, or privileges of employment because of the race,color, religion, sex, disability, or national origin of the employee or applicant. New Employee Work Eligibility Status(Neb. Rev.Stat.§4-108-114) The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship,the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us . 2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev.Stat.§4-108. • SIGN ALL COPIES Firm rC/41414/4A By TVIA7 Title Ae cortor 1�i�'�GG�%�✓e CONTINUATION SHEET Responsible Contractor Compliance Form RC-1 o�Ob'IAHh;A,4b I lt, ati fb . j�::i t j ,,�s 10t�f :i o .6h . 1. Regulation: �A'rTen xESRv*¢` 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. 2. Filing this Report(please initial in the boxes below): Contractor agrees that Contractor will not knowingly employ or hire an employee not lawfully n7-1 authorized to perform employment in the United States and that the Contractor and all sub- contractors shall use E-Verify to determine work eligibility. FriContractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb. Rev.Stat.Section 48-2901 et seq.). 7 Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.Stat.Section 73-104 et seq.). gITIContractor 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 ili►!J Administration,been convicted of a criminal,repeat,or willful violation of the Occupational • Safety and Health Act(OSHA)or been convicted of 3 (three)separate"serious"OSHA violations within the past three(3)years. Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project 11791 comply with the provisions of the Responsible Contractor Compliance Form RC-1. ... ..... e..- 3/me Signa Date By signing,1 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. • OtSAHA..,,4 O� BAP 7 S Fire Department +�Tt i�% ;.\e? 1516 Jackson Street z�y f�y� �' K H Omaha,Nebraska 68102-3110 r1 L7 jji,C1 �M a' )ilEts'""`""^ (402)444-5700 �'e ro FAX(402)444-6378 �rPD PEBRUr¢ Daniel C.Olsen City of Omaha • Fire Chief Jean Stothert,Mayor March 27, 2018 Tony Pontigo • Promaxima Manufacturing, LTD 5310 Ashbrook Houston, TX 77081 . RE:"Exercise Equipment for the City of Omaha Fire Department",which opened March 14, 2018 • Dear Mr. Pontigo: Section 10-110 of the Omaha Municipal Code allows a Department Director to reject any bids received. This letter is to serve as a written notice that your bid submitted for "Exercise Equipment for the City of Omaha Fire Department" is being rejected as it did not meet the bid specification for several reasons. It did not include the specific make and model of equipment identified in the "Request for Bid," nor did it include the training, available smartphone applications,or custom pike poles as requested. Within ten days after.a bid is rejected,any rejected bidder may appeal to the City Council by filing • with the City Clerk a written objection stating all reasons for the objection. Sincerely, _ _ . � Daniel C. Olsen Fire Chief S Cc: Holly Hurt, Purchasing • NO. " I A Item Submitted By: Phil Ruhe Department: Mayor's Office Council Meeting Date: May 8, 2018 Res. that, as recommended by the Mayor, the purchase from Nova Fitness Equipment, the lowest and best bidder according to specifications, in the amount of $283,348.00 for the purchase of 25 Cybex 770AT Total Body Trainers and 25 Cybex Braxo 8840H Functional Trainers for the Omaha Fire Department is hereby approved. (The Finance Director is authorized to provide payment of $279,451.00 from the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) FY 2016 Assistance to Firefighters (AFG) Grant Program — Operations and Safety, Award ,#EMW-2016-FO-06996, Fund 12168, Organization 114516; and in accordance with the contract terms. (The Finance Director is authorized to provide payment of $3,897.00 from General Fund 11111, Organization 114511, Account 42297; and in accordance with the contract terms.) • • Presented to City Council May 8, 2018, APPROVED 7-0 8/zabeth "fuller City Clerk