RES 2015-0382 - Bid from Phoenix Construction Group LLC to construct Cunningham Lake caretaker's garage Parks, Recreation &
Public Property Department
�a + cd � C 9 9 I Omaha/Douglas Civic Center
I «• n 9 L
( _ -, 2015 R 1 1 1819 Farnam Street,Suite 701
rl la lfg; �`F Omaha,Nebraska 68183-0701
y (402)444-5900
o�rEo FeaR�r4 C f j ' CLERK FAX(402)444-4921
City of Omaha Brook Bench
Jean Stothert,Mayor Director
March 31, 2015
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 Phoenix Construction Group, LLC, to furnish all labor and
materials to construct the Cunningham Lake Caretaker's Garage, 8305 Rainwood Road, in the
total amount of$149,750.00, for the Parks, Recreation, and Public Property Department.
Phoenix Construction Group, Inc. submitted the lowest and best bid for the project.
The following bids were received on March 4, 2015:
CONTRACTOR BID
PHOENIX CONSTRUCTION GROUP,LLC $149,750.00 (LOWEST BID)
Fauss Construction $151,900.00
Barry Larson& Son Co., Inc. $165,900.00
TIJ Construction, LLC $174,929.00
Elkhorn West Construction $183,500.00
Mark VII Enterprises $189,700.00
Nelson-Hill Contracting, Inc. $190,000.00
Phoenix Construction Group, LLC, 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$149,750.00 from the 2010
Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures
Bond for the 2015 fiscal year.
The Parks, Recreation, and Public Property Department recommends the acceptance of the bid
from Phoenix Construction Group, LLC, being the best bid received, and requests your
consideration and approval of this Resolution.
Page -2-
Honorable President
and Members of the City Council
Respectfullk-submitte3
1— isho Benc , irector Date
Parks, Recreation, and
Public Property Department
Approved as to Funding: Approved:
i - /J 6')/ d f //
Step en B. Curtiss a Human Rights and Relations Date
Finance Director '\
Referred to City Council for
Consideration:
(<-
Mayor's Office/Title ate
p:2058tmb
Co o3 o
x - 2 9
\ / & z b / / /
ƒ \ / ¥ »
UG 69
CD= a f
3 .§
w ? w Cl)
\ / / 2 U \ /
ƒ 0c a
e 3 69
5 -� /- w / G Cl)
/ / = b a / /
c a. co
§ : co /
E O I 3
as o 2 m
� § .
§ ZU a) in L
m DE $ \ y
/ ® a. 69
\ 0 DO 0
) k q 0 / /
± c D E 7
U a. EA
/ 0 0
� k e Cl)
E 2 2 U_ 2 ± 2
/ C co-/ >- y
/ U 69
/ )
\ m >
/ E $ 0 \
E
0 k 0 ° CO 0 Ce
c / -J c =
as E / Co" / ®
0 O 2 a. co / CO
0 Ts
® J CL -. 3 EITI
. _
� U / < C \ k
c z \ O / 17
§ 0cn ° E E
� / E k
CO c •e w
RS 0 = / k
� k
= 2 = _
kC
k .CD 2
0 o CN K2 :
CI 2 / \ acTS
_ =m
k / 0 ƒ a
H W
Z U
a
►- w
z U_
a
I— UJ
Z U
a
I— w
E U
a
H W
Z U
a
m a
C
.0 O
U U H UJJ Ni Cl) cn
c ti
U a
a) p 'O
a) w E >
c, E W a)
Q a o Q W
CI U a)
m CD W
m 0) J p
. z wJ c
a co E cO j 1—
.c • a 0 m
L.L.
L I—
cn z Cr]• N tr 2 Y
U
A U Q N 2Q
W (13
0 Tt
C as
• p U E 2
• 0 co
as D
al
L.) cm z
z
tom .c_. o
co o 0 d c 0
In Z c U Q
6 p o U E LC)
Z CI F= aQ c
O < o N al a
CO w- � w
or „ Y C
p Q 0 ` QQ cv
00 -
�- 02oa_ a
Bid Form(Rev.01-2014) INITIALS
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA CUNNINGHAM CARETAKER'S GARAGE -
RETURN BIDS TO: Published:11th February 2015
CITY CLERK,LC-1
OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER Page 1 of 4 Pages
t819 Farnam Street
Omaha,Nebraska 68183-0011
BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE
TOTAL AMOUNT FOR THE ITEMS OFFERED IS S20,000 OR MORE. BID BOND
OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA".
Bid Opening Date:
11:00 A.M. 04 March 2015
IMPORTANT
1. Bid must be in the office of the Acting CITY CLERK,LC-1, OMAHA-DOUGLAS CIVIC 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES,
CENTER,1819 Femam Street,Omaha,NE 68183-0011 by bid opening date and time 6.When submitting bid on items listed,bidder may on a separate sheet,make suggestions
indicated,in seated envelope marked BID ON:CUNNINGHAM CARETAKER'S GARAGE. covering reduction in costs wherever this is possible through redesign.change of material
2.As evidence of good faith a bid bond or certified check must be submitted with bid.Bid or utilization of standard items or quantity change.
Bond or certified check shag be made payable to the'City of Omaha°. FAILURE TO DO
SO IS CAUSE FOR REJECTION PLEASE DO NOT CALL FOR THIS INFORMATION.
3.Right is reserved to accept or reject any or all bids in their entirety and the bidders shall
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.
4.If Federal Excise Tax applies,show amount of sane and deduct. Exemption certificates
welt 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 drawings prepared by the Michael E.Leonard,Architect for the CUNNINGHAM CARETAKER'S GARAGE and that the bidder has
made all the examinations and investigations required by said documents.
BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO 1 ,THROUGH 1
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
Park 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
regard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park Planning Division best to meet the
requirements 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"CUNNINGHAM CARETAKER'S GARAGE,8305 RAINWOOD RD.,Omaha,Nebraska"in accordance with
the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks,Recreation and Public Property Department for the
lump sum of:BASE BID itatjitj
.� j,k4A,4 4
($ sJ Note; Refer to page 2 of 4 for Bid Bond,Completion Date&Performance Bond and page 3 of 4 for Insurance Requirements,Testing Allowance,Unit Prices&
Alternates(if applicable). Refer any questions regarding the Bid or Contract Documents directly to the Park Planning Division at 402.444-5900 or as noted in the
Contract Documents.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Font CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance
Ordinance or PBEIDEB Listings should be directed to the Human Relations Department at 402-444-5055.
(Please Print Legibly or Type) Firm Phoenix Construction Group, LLC Incorporated in NE
David A. Critser C a
Name Signature l J�/�
Title President Phone 402-339-1500 Fax 402-339-1855
Address 729 N. Frontier Rd. Papillion NE 68046
Sheet/P.O.Box City State Zip
E-Mail Address dac@ phxcgi.com
Bid Foam(Rev.01-2014)
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA CUNNINGHAM CARETAKER'S GARAGE
NOT AN ORDER
Page 2 of 4 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, all equipment furnished in
accordance with the requirements of the contract documents considered severally and collectively.
It is understood that the contract docam nts shall consist of the advertisement,the requirements for bidding and instruction to bidders,this proposal,
the contract documents titled" C,14 pc no ( r2 s ( eo4-4'e " 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
understanding with anyone with respect to any provisions contained in this proposal.
BID BOND:
In accordance with the requirements for bidding and instructions to bidders,there is deposited herewith a bid bond or a certified check payable to the
City of Omaha,in the sum of:
},which
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 fourth 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:
Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed thereto is complete and
correct,in accordance with the instructions to bidders,it may be rejected as informal.
COMPLETION DATE:
The bidder agrees that construction will be completed within 71 calendar days after approval of the purchase order for the work by
the Omaha City Council and receiving the'Notice to Proceed'from the Park Planner. Refer to Division 0,Section 00200,'Instructions To Bidders",
Part 2.15,"Computing Completion Date"for information on how to compute the number of calendar days to complete the work.
PERFORMANCE BOND:
Refer to Specification Section 00200, 'Instructions to Bidders", Part 2.10, 'Bond Submission' and Section 00400, `Performance, Payment
Maintenance Bond"requirements.
SIGN ALL COPIES Firm Phoenix Construction Group,ouM LLC
By DavidA. Critser
Title President
Bid Fcrrn(Rev.01-2014)
DOUGLAS COUNTY —
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA CUNNINGHAM CARETAKER'S GARAGE
NOT AN ORDER
Page 3 of 4 Pages
INSURANCE REQUIREMENTS:
Refer to Speci5cation Section 00500, "General Conditions of the Contract for Construction', Part 2.15, "Contractor's Insurance" for insurance
requirements.
UNIT PRICES:
NA
ALTERNATES:
NA
SIGN ALL COPIES Firm Phoenix Construction Group LLC
By David A. Critser ('
Title President `! "
ti u o >, u -v g o
N g �•-' `� V u 0 0 U
- g •. h - 4 O ° T v O co, L
U -j+y O V T
• S °' •a v la .'g '0"") E '-' O
0 1—
U ¢� ro 00 M 8 ,
dN5 iC 6�i C q O �� ,C Q cr)
0tia m Gr u •$ A c o G «Cy. o 'd4, � CO
g ... A. $ O L�' cF' � uo " N
m 4n Q
a c n •, H oo A E 8 5
Z0 a u •A
yyy y e w o
o a a C O ,Ca H
m Aw S ° ro
o .two 4 5 ° ° I
ai Q
POI x Y a o oA a-8 , = u o —
E„a c S 8 'v a Q E `o a E�
1..1 .0 5 v,o E o c ro s o a. A c g
�o C Ewa ga4 Lc) in d � c ° b 0 .2ryg--E.
Q3 „ r:iy O T Tf. l� y Y u T C
a O O O E "
D N N H .S a 8 • u
a H E .c 1 9 i I =� � E - 3
pa •co� a 0 8 0 —
o Lei :2 2 * 2 -5 Q Mtn to t � 8 ��; G 8 4
rr a. 0 'o °' o g
.a TA E m . .4 -g °1 o ON ON p, . . ti u O C
t ti) W N W U V N m 0 'J w0'7 m m 7
a �� 14 c a a o — a+ a, In ii3 T % a,,a- ° �U CD
to E"f 14' v 0 `.. .o O L J '�
-g .� Q a k Gr cti o c .� . ..
r a o u N d J OOO
vl
p E :U U U A .K c
�^ °' 4 C
O a
' f.. 0 O C r f A g xJ' M O w F O
,..... ;=.4 v.) 5 L$ 1 2 .2 , c f.— !iiii§tiii 4(7) 1'
id g �
x tii a •7 5 C (� ei-
y 2 ,d " 45 a� 0 CO
TM d0 0 v C ".Q ' 0, rJ Oe ,i to, .c n.J •3 (B
Q � Gs m y G .9 o O ° y v O
O 0 c Z �:y` r 5 a.U .a 5 p a
4.r y =-tit' o Gr., Cr .o c w p O g E g C3
l'..111.4 0 — .E m 2 ,.-
..r `� a. .5 `o c Z . .,to 0 a c . o w�., aQ O)
m A� of A. ❑ e f. O ; y o�s O Q j
N7 U e "^y7 Cr) U U c a g 0 ' '= — o
�t0 �q • C4Jj ti _ __
�,�i1 nqq ,ij -ci W O t 0 Z'„ ++I ,� G�•c'+ 'l7 u O � y ` y,
41:0V" U -N cn c .s. ', cz<Li 0 H 2 c a_ -a a°1 •5 y , O Cl
I- 3 V C7 € W O c1 u 8 uu g 5 U -i ;4 2. t
Zoa .• ° rams/. i !W Q go... w2r.D82O rncn ❑. Q
DOUGLAS COUNTY
PURCHASING DEPARTMENT
1819 FARNAM STREET
902 CIVIC CENTER
OMAHA,NE 68183-0902
PHONE (402)444-4954 FAX(402)444-4992
February 27,2015
NOTICE TO BIDDERS: •
REQUEST FOR BID ON
CITY OF OMAHA—Cunningham Caretaker's Garage
Glenn Cunningham Lake and Recreation Area
8305 Rainwood Road
Omaha, NE 68122
BID OPENING DATE; Wednesday,March 4,2015, at 11:00 a.m. CST
ADDENDUM NO. 1;
Modifications to the original specifications and drawings dated February 9, 2015, per the
attached six (6) pages
ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING
THIS ADDENDUM COVER SHEET WITH YOUR BID.
END OF ADDENDUM
ACKNOWLEDG E EIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS
ADDENDUM C SHEET WITH YO BID.
nde n-. sistant Purchasing Agent—City of Omaha Purchasing
Phoenix Construction Group, LLC
Name of Firm
David A. Critser 731.--12a.,C76
Signed By
President
Title
SECTION 00300
AGREEMENT
This AGREEMENT made and entered into in quadruplicate,as of this . day of ,41A 'I , 20tr"
by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party of the first part and
hereinafter called "OWNER", and Phoenix Construction Group, LLC, with principal place of business at: 729 N
Frontier Rd., Papillion, NE 68046, hereinafter called "CONTRACTOR":
WHEREAS, said Contractor did, under date of March 4, 2015 submit a proposal to construct as outlined in the
proposal "Cunningham Caretakers Garage" for the City of Omaha, for the sum of One Hundred Forty Nine
Thousand Seven Hundred Fifty Dollars and No Cents ($149,750.00), 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.
WHEREAS,the aforesaid proposal of Contractor was accepted by Resolution No. c.5f 2
adopted Y)b/C1 <3/ /5' ,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 "Cunningham
Caretakers Garage", 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 "Cunningham Caretakers Garage" 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 Cunningham Caretakers Garage, 8305 Rainwood Rd., Omaha, Nebraska, in Douglas County,
Nebraska.
d. The Contractor agrees to furnish all tools, labor, mechanics for labor,equipment and materials to construct
in a good substantial and workmanlike manner, Contractor's part of said "Cunningham Caretakers
Garage" in accordance with the aforesaid plans, specifications and addenda, and agrees to do so for the
sum of$149,750.00.
e. Owner agrees to pay Contractor said amount of $149,750.00, in accordance with the provision 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, Questions regarding
the Bidding Documents shall be addressed to Tim Carmicheal, Park Planning Division, City of
Cunningham Caretakers Garage
Agreement
00300-1
Omaha Parks, Recreation and Public Property, 1819 Farnam Street, Suite 701, Omaha, Nebraska,
68183-0701. Phone: 402-672-5093, Fax: 402-444-4921, Email: tim.carmicheal a(�,citvofomaha.orq
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
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
Cunningham Caretakers Garage
Agreement
00300-2
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).
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.
Cunningham Caretakers Garage
Agreement
00300-3
g-15. Contractor agrees to commence work on the date specified in the notice from the Park Planning Division
of the Omaha Department of Parks, Recreation and Public Property, and agrees that construction will
be completed within seventy-seven (77)calendar days after Notice to Proceed.
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.
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 ($75,000) or more, shall
be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or
the authorization of any additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council.
Cunningham Caretakers Garage
Agreement
00300-4
The originally approved scope and primary features of a contract or purchase will not be significantly
revised as a result of amendments not approved in advance by the City Council. The provisions of this
Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority
of the Mayor under Section 5.16 of the City charter to approve immediate purchases.
IN WITNESS WHEREOF, we the contracting parties, by our representative duly authorized agents,
hereto affix our signatures and seals at Omaha, Nebraska;
PHOENIX CONSTRUCTION GROUP, LLC CITY OF OMAHA
IG day of Maki 20 t S Executed this p�AiaY of /?�
Executed this / , 20 Lc +
By: D Vim- (.
(Authorized Signature) Je n Stothert,1:04vt A ��ice— ATTEST:
(Printed Name)
ibY6111---1°1
Title: f `�___ Buster Brown, City Clerk
Witness Signature SEAL OF THE CITY
APPROVED AS TO FORM:
Assists City Attorney
Cunningham Caretakers Garage
Agreement
00300-5
BOND # NNE 1095
SECTION 00400
PERFORMANCE,PAYMENT AND MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That Phoenix Construct ion Group LLC
Omaha,Nebraska,hereinafter called the Principal,and Merchants National Bonding Inchereinafter called
the Surety, are held and firmly bound unto the City of Omaha,a Municipal Corporation in Douglas County, Nebraska,
hereinafter called the Owner,in the penal sum of** ($ 149,750.00).
lawful money of the United States of America,to be paid to the Owner for the payment whereof the Principal and Surety
hold themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
present.
**One Hundred Forty Nine Thousand Seven Hundred Fifty and NO/100
WHEREAS,the Principal has, by means of a written Contract dated the_day of March ,2415
entered into a Contract with the Owner for the performance by the Principal, as
Contractor,of *** located at**** , all in Omaha,Douglas County,Nebraska,for the City
of Omaha,in accordance with the plans and specifications prepared for Owner,which Contract is made a part hereof by
reference thereto the same as though fully set forth herein:
*** Cunningham Lake Caretaker's Garage ****Cunningham Lake Park, Omaha, NE
NOW THEREFORE,the conditions of this obligation are such that:
FIRST: If the Principal shall faithfully perform the Contract on his part, shall satisfy all claims and
demands incurred for the same,shall fully indemnify and save harmless the Owner from all cost and damage which said
Owner may suffer by reason of failure so to do, and shall fully reimburse and repay said Owner all outlay and expense
which said Owner may incur in making good any such defaults and,
SECOND: The Principal shall indemnify and save harmless the City of Omaha, its officers, employees,
and agents from all claims, suits or actions of every kind and character or on account of any injuries or damages
received or sustained by any party or parties by or from the acts of the said Contractor or its servants, agents and
subcontractors, in performing under said Contract,or by or in consequence of any negligence in guarding the same or
any improper material used in its construction, or by or on account of any act or omission of said Contractor or its
servants, agents and subcontractors;and, also from all claims of damage for infringement of any patent in fulfilling said
Contract;and
THIRD: The Principal and Surety on this bond hereby agree to pay all persons, firms or corporations
having Contracts directly with the Principal or with subcontractors all just claims due them for the payment of all laborers
and mechanics for labor which shall be performed,for the payment of all materials and equipment furnished,and for the
payment and equipment rental which is actually used or rented in the performance of the Contractor on account of
which this bond is given,when the same are not satisfied out of the portion of the Contract price which the Owner may
retain until completion of the construction;and,
FOURTH: The Principal shall guarantee all materials, workmanship, and the successful operation of all
equipment and apparatus installed by him for a period of two(2)years from the date of substantial completion of the
whole work, and shall guarantee to repair or replace,at his own expense,any part of the structures or apparatus which
may show defect during the time, provided that such defect is, in the opinion of the Park Planner or City's
Representative,due to imperfect material or workmanship,and not to careless and improper use:
Then this obligation shall be null and void;otherwise,it shall remain in full force and effect.
Any Surety on this bond shall be deemed and held, any Contract to the contrary notwithstanding, to
consent without notice:
PROJECT NAME
Performance, Payment And Maintenance Bond
00400.1
,
1, To any extension of time to the Principal in which to perform the Contract,
2. To any change in the plans,specifications or Contract,when such change does not involve an increase of
more than twenty percent (20%) of the total Contract price, and shall then be released only as to such
excess increase.
3. That no provision of this bond or of any other contract shall be valid which limits to less than five(5)years
from time of acceptance of the work to sue on this bond for defects in workmanship or material not
discovered or known to the obligee at the time such work was accepted.
SIGNED AND SEALED the 16th day of March ,2015 in the present of:
PHOENIX CONSTRUCTION GROUP LLC
Contractor(Firm Name)
fitness Title
COUNTER ED:
MERCHANTS NATIONAL BONDING INC.
Resi Age es King Surety
APP OVED AS TO FO :
By
C' Attorney e
, James M. King
PROJECT NAME
Performance,Payment And Maintenance Bond
00400-2
•
MERCHANTS
BONDING COMPANY.
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,
INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"),
and that the Companies do hereby make,constitute and appoint,individually,
Jacob J Buss; James M King; Robert T Cirone; Suzanne P Westerholt; Thomas L King
of Lincoln and State of Nebraska their true and lawful Attorney-in-Fact,with full power
and authority hereby conferred in their name, place and stead,to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
FIFTEEN MILLION($15,000,000.00)DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are
hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of
Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc.,on October 24,2011.
"The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the
seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 13thday of August , 2014.
``y •
.�.... • *Y.•.� �Ql,,o• MERCHANTS BONDING COMPANY(MUTUAL)
�py,.4Q4pQRQ 49, ..o�LOIP°9q�'1y�• MERCHANTS NATIONAL BONDING,INC.
=T I •2 0 03 1�= •�..% 1933 c
• yam By
7:74_,
• 'r�• ��1��j 7
STATE OF IOWA ,,.�eij��,.,FN��` President
COUNTY OF POLK ss.
On this 13th day of August 2014,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year
first above written.
?JAL WENDY WOODY
' v Commission Number 784654
0
My Commission Expires
r June 20, 2017
Notary Public,Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on
this i6thday of March ; ,20W-5 - �......
.0, try
C1�7t61/4 •••LNG. •
• CO,••
•
• •
1933 Secretary
•
d; . -.4�
i .a e.
1 coDATE(MMIODIYYYY)
A CERTIFICATE OF LIABILITY INSURANCE 3/12/2015
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 Mary Kent
NAME:
UNICO Group, Inc. ra"c.Nrta.EXe: (402)434-7200 A/C.No):(402)434-7272
4435 0 Street noDRess mkent@unicogrou .com
INSURER(S)AFFORDING COVERAGE NAIC# _
Lincoln NE 68510 INSURER A:Cincinnati Casualty Co.
INSURED INSURER B:Cincinnati Insurance Co. _10677
Phoenix Construction Group, LLC INSURER C:
729 N Frontier Rd. Ste 8 INSURER D:
INSURER E:
Papillion NE 68046 INSURERF: -
COVERAGES CERTIFICATE NUMBER:14-15 Liab w/inc iamb 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.SUBR POLICY EFF POLICY EXP LIMITS
LTR INSR WVD POLICY NUMBER IMMIDD/YYYY) IMMIDD/YYYYI
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ 100,000
A CLAIMS-MADE X OCCUR EPP0264593 7/1/2014 7/1/2015 MEDEXP(Anyoneperson) $ 5,000
PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
—
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
7 POLICY A I JF n LOC $
AUTOMOBILE LIABILITY (EO aBINEDISINGLE LIMIT $ 1,000,000
X ANY AUTO BODILY INJURY(Per person) $
A ALL OWNED SCHEDULED EPP0264593 7/1/2014 7/1/2015 BODILY INJURY(Per accident) $
_ AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE '$
— HIRED AUTOS _ AUTOS (Per accident)
combined single limit $
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000
A I EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000
DED RETENTION$ 0 EPP0264593 10/09/20147/1/2015 $
$ I WORKERS COMPENSATION X WC LIMITS TU- OT
H-
AND EMPLOYERS'LIABILITY
ER
ANY PROPRIETOR/PARTNER/EXECUTIVE�Y/N E.L.EACH ACCIDENT $ 500,000
OFFICER/MEMBER EXCLUDED? NI N/A WC2146070 7/1/2014 7/1/2015
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Re:, Cunningham Caretaker's Garage. The general liability policy includes a blanket automatic additional
insured endorsement that provides additional insured status only when there is a written contract between
the named insured and the certificate holder that requires such status. The General Liability & Workers
Compensation include a Waiver of Subrogation if required by written contract with the named insured prior
to a loss.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Omaha
1819 Farnam St,
Omaha, NE 68183 AUTHORIZED REPRESENTATIVE
Tom Cockie/MEENT /.1, - c._..f‘_________— 1
1
\,-,,pn 'lc . lnln,nryl 14.Zi1-,1111, /II 1 14111 ' ,,11V1 ,real 1 II IN a11.1gr11s ,oSot vP,1
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, bids were received March 4, 2015, to furnish all labor and materials to
construct the Cunningham Lake Caretaker's Garage, 8305 Rainwood Road, for the Parks,
Recreation, and Public Property Department; and,
WHEREAS, Phoenix Construction Group, LLC, submitted the lowest bid, within
bid specifications, attached hereto and made a part hereof, in the total amount of $149,750.00;
and,
WHEREAS, Phoenix Construction Group, LLC, has complied with the City's
Contract Compliance Ordinance No. 28885 in relation to Civil Rights - Human Relations; and,
WHEREAS,the Mayor has recommended the 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$149,750.00
from Phoenix Construction Group, LLC, to furnish all labor and materials to construct the
Cunningham Lake Caretaker's Garage, 8305 Rainwood Road, 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 the 2010 Parks and Recreation Bond Fund No. 13355 and
Organization No. 117317, Parks and Cultures Bond.
APPROVED AS TO FO
// /5
SSIS ANT CITY ATTORNEY D TE
p:2059tmb
By
Couricilmember
Adopted MAR 3 1 2015 '7 O
.4:0
.... //s
�/-' City Clerk y/a
Approv .. ..
47ei
Mayor
5-
NO. 3),
Resolution by
Res. that, as recommended by the Mayor, the bid in the total
amount of $149,750.00 from Phoenix Construction Group,
LLC, to furnish all labor and materials to construct the
Cunningham Lake Caretaker's Garage, 8305 Rainwood
Road, 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 the 2010 Parks and Recreation
Bond Fund No. 13355 and Organization No. 117317, Parks
and Cultures Bond.
p:2059tmb
Presented to City Council
MAR..3 1 2015
Adopted
City Clerk