2023-47RESOLUTION NO. 2023-47
COUNCIL MEMBER HAFER INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair has a need to contract to an external company to
check existing LED light bulbs and replace all LED bulbs not working on the buildings
in downtown City of Blair that display holiday lights;
WHEREAS, the City advertised for bids for the City of Blair's Holiday Lighting
for 2023;
WHEREAS, the City received one (1) bid from Dick's Electric for the City of
Blair's Holiday Lighting for 2023;
WHEREAS, Dick's Electric has previously completed the City of Blair's Holiday
Lighting;
WHEREAS, the bid submitted by Dick's Electric is for the total sum of $20,600.00;
WHEREAS, said Contract with Dick's Electric is on file with the City Clerk and is
acceptable to the City of Blair.
NOW, THEREFORE, BE IT RESOLVED that the Bid and Agreement between the
City of Blair and Dick's Electric in the amount of $20,600.00, is hereby adopted and
approved by the municipality and the Mayor and City Clerk of the City of Blair are
hereby authorized and directed to execute the same on behalf of the municipality.
COUNCIL MEMBER HAFER MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WILLIS. UPON ROLL
CALL, COUNCIL MEMBERS HIGHFILL, FERRARI, SANDVOLD, WILLIS, WOLFF,
ANDERSEN, PAULSEN AND HAFER VOTING "AYE" AND COUNCIL MEMBERS NONE
VOTING `NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 10TH DAY OF OCTOBER, 2023.
CITY OF BLAIR, NEBRASKA
ATTEST:
BRENDA WHEELER, CITY CLERK
WASHINGTON COUNTY)
BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution
was passed and adopted at a regular meeting of the Mayor and City Council of said City,
held on the 10th day of October, 2023.
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BRENDA WHEELER, CITY CLERK
CITY OF BLAIR HOLIDAY LIGHTING
This Agreement is entered into on the date of the last signature below but is
intended to be effective as of October 10, 2023. The City of Blair, a political subdivision
organized under the laws of Nebraska, hereinafter referred to as "City." The Contractor
is Dick's Electric, hereinafter referred to as "Contractor."
RECITALS
WHEREAS, the City of Blair is political subdivision, duly organized under the
laws of Nebraska;
WHEREAS, Dick's Electric Company is a corporation duly organized under the
laws of Nebraska;
WHEREAS, the City previously installed holiday lighting on buildings in the City
of Blair for the enjoyment of the public;
WHEREAS, City wishes to contract with Dick's Electric Company, as the only
bidder of the public bidding process, subject to certain specifications and quality; and
WHEREAS, Contractor agrees to perform the duties and services requested;
pursuant to the terms and conditions of this Agreement; and
NOW, THEREFORE, for good and valuable consideration the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
ARTICLE I
PRODUCT SUPPLY AND TERM
1.1 Product Supply. The City will provide to the Contractor LED C-9
replacement bulbs, roof clips, adhesive, and cabling necessary for the Contractor to
complete this Agreement.
1.2 Term. The Term of this Agreement shall commence October 10, 2023 and
concludes upon completion of the work, which shall be no later than November 10,
2023.
ARTICLE II
PAYMENT
2.1 Payment. Payment terms for this agreement will be after the services have
been completed and thirty (30) days from the receipt of Invoice for Services.
Furthermore, the parties agree that the total price shall not exceed the bid submitted
and approved by the Blair City Council on October 10, 2023.
ARTICLE III
SPECIFICATIONS
3.1 General. The City will provide LED C-9 replacement bulbs, roof clips,
adhesive, and cabling necessary for the Contractor to complete this Agreement.
Contractor agrees to check all existing LED C-9 light bulbs and replace all LED C-9 light
bulbs not working with LED C-9 light bulbs. Any non -working or defective LED C-9 light
bulbs shall be promptly returned to the City. The Contractor shall remove and replace
any broken or missing vertical roof edge clips with new vertical roof edge clips. The
Contractor agrees to check and verify that the glued down portion of the vertical roof
clips are still properly secured to the roof edge and properly replace the vertical roof clip
with a new vertical roof clip with adhesive.
3.2 Buildings. Buildings included in this project are:
➢
1409 Washington Street
➢
1651 Washington Street
➢
1449 Washington Street
➢
1654 Washington Street
➢
1463 Washington Street
➢
1658 Washington Street
➢
1502 Washington Street
➢
1659 Washington Street
➢
1523 Washington Street
➢
1663 Washington Street
➢
1526 Washington Street
➢
1664 Washington Street
➢
1550 Washington Street
➢
1669 Washington Street
➢
1565 Washington Street
➢
1670 Washington Street
➢
1569 Washington Street
➢
1704 Washington Street
➢
1570 Washington Street
➢
1705 Washington Street
➢
1600 Washington Street
➢
1712 Washington Street
➢
1605 Washington Street
➢
1718 Washington Street
➢
1613 Washington Street
➢
1729 Washington Street
➢
1616 Washington Street
➢
1737 Washington Street
➢
1620 Washington Street
➢
1738 Washington Street
➢
1621 Washington Street
➢
1740 Washington Street
➢
1623 Washington Street
➢
1762 Washington Street
➢
1626 Washington Street
➢
1765 Washington Street
➢
1627 Washington Street
➢
1822 Washington Street
➢
1630 Washington Street
➢
1829 Washington Street
F
➢ 1631 Washington Street
➢ 1635 Washington Street
➢ 1636 Washington Street
➢ 1640 Washington Street
➢ 1641 Washington Street
➢ 1646 Washington Street
➢ 1647 Washington Street
➢ 1650 Washington Street
➢ 1074 Washington Street
➢ 1807 Washington Street
➢ 1844 Washington Street
➢ 1865 Washington Street
➢ 138 North 16th Street
➢ 201 North 16th Street
➢ 1600 Great Plains Centre
➢ 116 South 16th Street
➢ 218 South 16th Street
➢ 1612 Lincoln Street
➢ 1730 Lincoln Street
➢ 1529 Lincoln Street
ARTICLE IV
DELIVERY, PERFORMANCE, TITLE, RISK OF LOSS, AND TERMINATION
4.1. Time. Time shall be considered of time of the essence and all services by
Contractor shall be performed and fully completed by November 10, 2023.
4.2. Title. Title to existing lighting and roof clips are the property of the City. Any
LED light, roof clips, or other lighting products that the Contractor replaces for the
purposes of this Agreement shall become the property of the City.
4.3. Buildings. The Buildings for this Agreement shall not be accessed by the
Contractor utilizing the roofs for competition of this Project. Rather, all work shall be
done by the Contractor utilizing ladders or man lifts to access the existing lighting.
Furthermore, the City makes no warranties or representations regarding the safety of
the Buildings and the Contractor assumes all risk, whether known or unknown, by
performing this Agreement.
4.4. Indemnification. In addition to any other rights or remedies City may have
available to it at law or in equity, Contractor shall indemnify City for any loss or damage,
direct, indirect, consequential or incidental, arising out of the Contractor's performance
or non-performance of its duties, whether or not such damage results from breach of
warranty, negligence or any other cause.
4.5. [Reserved for Future Use].
4.6. Confidentiality. This Agreement, its subject matter and any and all
information disclosed by one party to the other hereunder shall be considered
confidential and shall not be disclosed or used for any unauthorized purpose by the
receiving party; provided, however, that the foregoing prohibition shall not pertain to
information which (a) is or hereafter enters the public domain through no fault of the
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receiving party, (b) was previously known or independently developed by the receiving
party without resort to the confidential information (as shown by written documentation),
(c) is disclosed to the receiving party by a third party having the right to do so, or (d) is
required to be disclosed pursuant to governmental or judicial order (in which case the
receiving party shall give disclosing party sufficient notice to challenge such disclosure).
4.7. Termination. The City of Blair may terminate this agreement immediately if
the Contractor cannot produce a certificate of insurance as outlined in this Agreement.
ARTICLE V
MISCELLANEOUS
5.1. Insurance. Prior to Contractor's commencing any work under this
Agreement on property owned or controlled by City or any property owned by a Third
Party, Seller shall, at its expense, procure and maintain Contractor's Bodily Injury
Liability and Property Damage Liability insurance (including Contractual Liability
covering the indemnification set forth herein) and, where appropriate, Workers'
Compensation insurance to the extent required by law, in such amounts as are
approved by City of Blair, Nebraska and outlined in the bid specifications. Prior to
commencing any work hereunder, Seller shall furnish to City of Blair, Nebraska written
certificates establishing that the above insurance has been procured and is being
maintained, which certificates shall provide that written notice of cancellation or material
change shall be given to City of Blair, Nebraska at least fifteen (15) days prior to the
effective date of such cancellation or material change.
5.2. Non -Waiver. No waiver by either party of any breach of any of the terms of
this Agreement shall be construed as a waiver of any subsequent breach, whether of
the same or of any other term of this Agreement.
5.3. Remedies. The rights and remedies of the City of Blair, Nebraska set forth
in this Agreement are not exclusive and are in addition to all other rights and remedies
of the City of Blair, Nebraska.
5.4. Compliance with Laws. Contractor agrees to comply with Exhibit A, Equal
Opportunity Clause which is attached hereto and incorporated by reference.
5.5. Notices. All notices required or permitted herewith shall be in writing and
shall be deemed duly given when personally delivered or sent by registered or certified
mail, return by letter as aforesaid, or by confirmed facsimile to the addresses set forth
on this Agreement, or to such other address as either party may hereafter designate in
writing by like notice.
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5.6. Amendments. No modifications of any of the provisions of this Agreement
shall be binding upon the parties unless made in writing and signed by a duly authorized
representative of each party.
5.7. Other Terms and Conditions Void. No terms and conditions of any
proposal, invoice or other form or document provided by Seller shall be binding upon
Buyer unless specifically accepted by Buyer in writing.
5.8. Successors and Assigns. The rights and obligations under this Agreement
shall not be assigned, in whole or in part, by Seller without the prior written consent of
Buyer.
5.9. Force Majeure. Neither party shall be liable for delay or failure in the
performance of the obligations contained in this Agreement arising solely from any
extraordinary causes beyond the control of the party concerned. In the event the Seller
is forced to allocate Product, it shall nonetheless supply to Buyer all the Product called
for under this Agreement as a priority.
5.10. Entire Agreement. This Agreement contains the entire Agreement of the
parties hereto and supersedes any prior understandings or written or oral agreements
between the parties respecting the sale and purchase of the Property, and this
Agreement cannot be changed except by the parties' written consent.
5.11. Jurisdiction and Governing Law. This Agreement shall be construed under
and in accordance with the laws of the State of Nebraska. The parties agree to the
exclusive personal jurisdiction in the courts located in Washington County, Nebraska.
Any dispute arising from this contractual relationship shall be governed solely and
exclusively by Nebraska law.
CONTRACTOR: CITY:
,r
r
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Heath Warrick
President, Dick's Electric
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EXHIBIT A
EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the contractor agrees as follows:
The contractor shall not discriminate against any employee applicant for employment because of
race, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin. The
contractor shall ensure that applicants are employed and that employees are treated during
employment without regard to their race, religion, color, sex, age, sexual orientation, gender
identity, disability, or national origin. As used herein, the word "treated" shall mean and include,
without limitation, the following: recruited, whether by 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.
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, sexual orientation, gender identity or national origin, age,
disability.
The contractor shall send to each representative of workers with which he has a collective
bargaining agreement or other contract or understanding a notice advising the labor union or
worker's representative of the contractor's commitments under the equal employment opportunity
clause of the city and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
The contractor shall furnish to the human rights and relations director all federal forms containing
the information and reports required by the federal government for federal contracts under federal
rules and regulations, including the information required and shall permit reasonable access to his
records. Records accessible to the human rights and relations director shall be those which are
related to this subsection and only after reasonable notice is given the contractor. The purpose of
this provision is to provide for investigation to ascertain compliance with the program provided
for herein.
The contractor shall take such actions with respect to any subcontractor as the city may direct as a
means of enforcing the provisions 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 is necessary to protect
the interests of the city and to effectuate these 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 interests of the United States.
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The contractor shall file and shall cause his 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 human rights and relations director. Compliance reports filed at such times as directed shall
contain information as to the employment practices, policies, programs and statistics of the
contractor and his subcontractors.
The contractor shall include the provisions of 'Equal Employment Opportunity Clause," in every
subcontract or purchase order so that such provisions will be binding upon each subcontractor or
vendor.
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Contractor shall check all existing LED C-9 light bulbs and replace all LED C-9 bulbs
not working with city provided LED C-9 bulbs on buildings listed above. Contractor
shall return all none working LE C-9 bulbs to the city.
Contractor shall remove and replace any broken or missing vertical roof edge clips with
new roof clips provided by the city. Further the contractor will check and verify the
glued down portion of the roof clips are still satisfactorily secured to the roof edge and
replace the roof clip with a new roof clip secured to the roof edge with adhesive provided
by the city if they are found to be loose.
Contractor shall replace any cabling that is found to be damaged in any way with new
cable provided by the city.
All work shall be done from ladders or man lifts accessing the existing lighting.
Contractor shall not access or utilize existing roofs of buildings covered by these
specifications.
All work must be completed by Friday November 10, 2023
Winning bidder shall show proof of insurance including aggregate liability of not less
than $1,000,000 and workman's compensation of not less than $100,000 per employee
before final contract execution.
Bid price shall include all equipment and labor for the work described in the
specifications above.
Lump sum bid for work outlined above:
$ , 6 Z
Date Contractor can start work if awarded contract: —� (-a S _� Z
Contractor Name:
Address: &A g P. S,
Phone Number: L)Ik% %A
Authorized Signature: