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RES 2014-0814 - Bid from Tennis Courts Limited Inc for construction of Prairie Lane Park pickleball court oAHA,NP Parks, Recreation & 4 s s Public Property Department o C,161. ►' Omaha/Douglas Civic Center �t�� rOz �i 1�'J r n 1819 Farnam Street,Suite 701 wTl �� � I '. ' Omaha,Nebraska 68183-0701 spr =". ro (402)444-5900 FAX(402)444-4921 City of Omaha Jean Stothert,Mayor July 1, 2014 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 Tennis Courts Unlimited, Inc., to furnish labor, materials, and all incidentals necessary to complete the construction of the Prairie Lane Park Pickleball Improvements, 3119 South 116th Street, in the total amount of $33,710.00 (includes Alternate No. 1, in the amount of$1,610.00), for the Parks, Recreation, and Public Property Department. Tennis Courts Unlimited, Inc. submitted the lowest bid. The following bids were received on April 23, 20'_4: CONTRACTOR BID TENNIS COURTS UNLIMITED, INC. $33,710.00 (BEST BID) Mark VII Enterprises $44,087.00 Tennis Courts Unlimited, Inc. 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 total amount of$33,710.00 to Tennis Courts Unlimited, Inc. from the 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bond. The Parks, Recreation, and Public Property Department recommends the acceptance of the bid from Tennis Courts Unlimited, Inc. being the best bid received, and requests your consideration and approval of this Resolution. Page -2- Honorable President and Members of the City Council, Respectfully sub •tted, at_ 1 \ doiLl Brook Bench,Director ate Parks,Recreation, and Public Property Department Approved as to Funding: Approved: iy StephJ/� : urtiss D to Human Rights and Relations ate Finance Director Referred to City Council for Consideration: L n Mayor's Office/Title Date 4 p:1952tmb BID BOND: 5% Douglas County Purchasing TABULATION OF BIDS ON: City of Omaha Mark VII Tennis Enterprises Courts Prairie Lane Park Pickleball Improvements Unlimited Date of Opening Page 1 April 23, 2014 Department As Read in Bid Committee Parks Quantity DESCRIPTION UNIT UNIT UNIT UNIT UNIT UNIT PRICE B. PRICE C PRICE PRICE PRICE PRICE Prairie Lane Park Pickleball Improvements TOTAL BASE BID: $41,830.00 $32,100.00 Alternate #1 $2,257.00 $1,610.00 ADDENDUM#1 ACKNOWLEDGED Yes Yes Bid Bond Received: Yes Yes JGW DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA PRAIRIE LANE PARK PICKLEBALL IMPROVEMENTS RETURN BIDS TO: Published:09 APRIL 2014 CITY CLERK,LC-1 OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER Page 1 of 4 Pages 1819 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$20,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA", Bid Opening Date: 11:00 A.M 23 APRIL 2014 IMPORTANT 5.BID DELIVERY OR SHIPPING CHARGES. 1.Bid must be in the office of the Acting CITY CLERK, LC-1,OMAHA-DOUGLAS CIVIC 6.WhenDMUST submittingINCLUDE bid on ANYitems listed,bidder mayP on a HARGE sheet make suggestions CENTER,in a Famam envelope pet Omaha,NE 68183-0011: RAIRIby bid opening date and time covering reduction in costs wherever this is possible through redesign,change of material indicated,MPOV in seated marked BED ON: PRAIRIE LANE PARK PICKLEBALL or utilization of standard items or quantity change. IMPROVEMENTS. 2.As evidence of good faith a bid bond or certified check must be submitted with bid.Bid Bond or certified check shall be made payable to the'City of Omaha'. FAILURE TO DO PLEASE DO NOT CALL FOR THIS INFORMATION. SO IS CAUSE FOR REJECTION 3.Right is reserved to accept or reject any or as 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 same and deduct. Exemption certificates will be furnished.Do not include tax in bid. Quote your lowest price,best delivery and terms,F.O.B.delivery point on the terms(s)listed below: This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to bidders and (c) the specifications and drawings prepared by the CITY OF OMAHA PARK PLANNING DEPARTMENT for the PRAIRIE LANE PARK PICKLEBALL IMPROVEMENTS and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO 1 ,THROUGH 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 "PRAIRIE LANE PARK PICKLEBALL IMPROVEMENTS, 3119 S. 116TH STREET, 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: 727 V/l j Ja /Y1 Ut f�G�1't UL DNS— 17N- J.-_ S J' !U Cr a32/l00,°-= 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(Form 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 PBEJDEB Listings should be directed to the Human Relations Department at 402.444-5055. (Please Print Legibly or Type) Firm T1 t'rvt % 5 cut'- thin 141 i 1-P . Incorporated in Ai" /n� � (State� Name (` n 1-•-•au vle el f Signature Title Frr`t°�+' Phone 0,)_`.73—6o3 3 tit Fax 902-2 73—4!3 y Address /1 30 Ai50. d .ebvQ5 t'r &VII0 Street/P.O.Box/ h h f / City State Zip E-Mail Address (�hG4,4 �'Yr*T 6 Akoo , cow DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON; CITY OF OMAHA PRAIRIE LANE PARK PICKLEBALL IMPROVEMENTS 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 documents shall consist of the advertisement,the requirements for bidding and instruction to bidders,this proposal, the contract documents titled"PRAIRIE LANE PARK PICKLEBALL IMPROVEMENTS"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 instructionsl to bidders,there/is deposited herewith a bid bond or a certified check payable to the City o���a i sum of c,. � C� HC ?v ), `t CZN_ r d f/GrVS -1� �OG ($ ///��s 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 contract completion date for this project shall be June 30,2014. All work associated with the project shall be completed on or before this date. 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 '7 iili s. un/( .1 Ned By (� Title '; DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA PRAIRIE LANE PARK PICKLEBALL IMPROVEMENTS NOT AN ORDER Page 3 of 4 Pages INSURANCE REQUIREMENTS: Refer to Specification Section 00500, "General Conditions of the Contract for Construction", Part 2.15, "Contractor's Insurance" for insurance requirements, UNIT PRICES: C.Y. = Cubic Yard S.F. = Square Foot S.Y. = Square Yard V.F. = Vertical Foot L.F. = Linear Foot EA. = Each The undersigned further proposes and agrees that if the amount of the work required be increased or decreased, by a request of the Owner, the following supplemental Unit Prices will be the basic price in place for computing extra cost or credit. Each Unit Price shall include all equipment, tools,labor, permits,fee,etc. incidental to the completion of the work involved based on the construction detail(s)on the Contract Drawings and all materials listed in the noted Specification Section. UNIT PRICE DESCRIPTION 1. 5"CONCRETE PAVEMENT-Section 02527 $ 5, 25 IS.F. ALTERNATES: 1. Alternate-1: ADD 1 DEDUCT(circle one) $ I it/O 00 SIGN ALL COPIES Firm /771/1 r S ("Ua'''fs a,//-lam Vrc' Bye. ..--�� Title prr4r"4,,7� DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA PRAIRIE LANE PARK PICKLEBALL IMPROVEMENTS NOT AN ORDER Page 4 of 4 Pages Responsible Contractor Compliance Form RC-1 y1AIIA,�1^ 1 ik K y. 1. Regulations: 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-I 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 authorized to perform employment in the United States and that the Contractor and all sub-contractors shall use E-Verify to determine work eligibility. +Contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.Rev. Stat. Section 48-2901 et seq.). +Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.Stat.Section 73-104 et seq.). +Contractor has not been convicted of any tax violations(local,State and Federal)within the last three years from the date this bid is submitted. +Contractor has not,upon final determination by the Occupational Safety and Health Administration,been convicted of a criminal,repeat,or willful violation of the Occupational Safety and Health Act(OSHA)or been conicted of 3(three)separate "serious"OSHA violations within the past three(3)years. +Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the provisions of the Resp nsible Contractor Compliance Form RC-1. - Signature Date By signing,I verify on behalf of the Contractor that the information above is true and correct. Filing false information carries a penalty of up to a$500 fine or six months in jail. In addition,the contractor and sub-contractors can be subject to immediate disqualification and prohibited from any future City of Omaha contract for a period of 10 years. PRAIRIE LANE PARK PICKLEBALL IMPROVEMENTS •:*Al1%; City Of Omaha Small & Emerging Small Business Program vt't - r.�+ro - Participation Disclosure Form THIS FORM MUST BE SUBMITTED WITH THE BID NOTICE: This form must be submitted by the General Contractor/Lead Consultant at the time of bid/agreement submission,designating all companies utilized to complete the scopes of work designated as reserved for Program Participants on the Participation Utilization Form attached to the project documentation. The General Contractor/Lead Consultant may utilize SEB Program Participants for additional scopes of work not specified on the Participation Utilization Form,but they may not be substituted for scopes specifically identified by the City on the Participation Utilization Form. Should the below listed SEB Program Participant be determined to be unable to perform successfully or is not performing satisfactorily, the General Contractor/Lead Consultant shall obtain written approval from the Public Works Director or a designee before dismissal/substitution of the Participant. By submitting this form,the General Contractor/Lead Consultant is certifying that it has afforded any/all applicable program participants the opportunity to submit bids/proposals on this project. Identified Full Name of Projected start/ Percentage of total Scope Participant completion date Agreed Price contract epiy. de-tf HA /10/t( 674y 1 4 /Z 7 _ f 4 eo co ' /o • • TOTAL: Z(iC3C/. c C' gr, CERTIFICATION: The undersigned certifies that he/she has read,understands,and agrees to be bound by small and/or emerging small business participation utilization requirements,and the other terms and conditions of the Invitation for Bids/Request for Proposals. The undersigned further certifies that he/she is legally authorized to make the statements and representations as to the Participation Utilization requirements and that said statements and representations are true and correct to the best of his/her knowledge and belief The undersigned will enter into formal agreement(s)with the Participating Companies listed in the above disclosure at the price(s) set forth in this disclosure,conditioned upon execution of a contract/agreement by the undersigned company with the City of Omaha. The undersigned agrees that if any of the representations made regarding utilization of small and/or emerging small business by the General Contractor/Lead Consultant,knowing them to be false,or if there is a failure by the undersigned company to implement the stated agreements,intentions,objectives,goals.and comments set forth herein without prior approval of the Public Works Director or designee,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the bid/proposal or to terminate the Contract/Agreement for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract/Agreement.under City of Omaha's Contract Compliance Ordinance or otherwise. Signed this ?",21,....„_-5 day o ' Qr f in the year 1© 1 I-1 / /Signature: . Title: Printed Name: t'1 Gl N L�a e-rAorr Firm or Corporate Name: r„/r f "a 7r3 zi,il4i,iced :rl. Address: //3 i Spy- gd, SA4- Telephone No.: 4e7,2 -6-73—f 33of DOUGLAS COUNTY PURCHASING DEPARTMENT 1819 FARNAM STREET 902 CIVIC CENTER OMAHA NEBR 68183 PHONE (402)444-4954 FAX (402) 444-4992 April 18, 2014 NOTICE TO BIDDERS: REQUEST FOR INVITATION TO BID ON City of Omaha Prairie Lane Park Pickleball Improvements 3119 S 116t Street, Omaha, NE Bid Opening Date: Wednesday,April 23, 2014, at 11:00 a.m. CST ADDENDUM NO. 1 Modifications to the original specifications and drawings dated March 312014,as per the attached page (1 page). ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDUM COVER SHEET WITH YOUR BID. END OF ADDENDUM ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDUM C VER SHEET WITH YOUR BID. sa ersen—Asst. Purchasing Agent, City of Omaha Purchasing Fenn! 6'0 //3 //n/!4 E ;4'd .--'A C, Name of Firm Signed By f 104/`N.Gn Title JGW DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA PRAIRIE LANE PARK PICKLEBALL IMPROVEMENTS RETURN BIDS TO: Published:09 APRIL 2014 CITY CLERK,LC-1 OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER Page 1 of 4 Pages 1819 Famam 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$20,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA". Bid Opening Date: 11:00 AM 23 APRIL 2014 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 Famam 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 sealed envelope marked BID ON: PRAIRIE LANE PARK PICKLEBALL covering reduction in costs wherever this is possible through redesign,change of material IMPROVEMENTS. or utilization of standard items or quantity change. 2.As evidence of good faith a bid bond or certified check must be submitted with bid.Bid Bond or certified check shall be made payable to the'City of Omaha'. FAILURE TO DO PLEASE DO NOT CALL FOR THIS INFORMATION. SO IS CAUSE FOR REJECTION 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 same and deduct Exemption certificates will be furnished.Do not include tax in bid. Quote your lowest price,best delivery and terms,F.O.B.delivery point on the terms(s)listed below: This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to bidders and (c) the specifications and drawings prepared by the CITY OF OMAHA PARK PLANNING DEPARTMENT for the PRAIRIE LANE PARK PICKLEBALL IMPROVEMENTS and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO ( ,THROUGH I 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 "PRAIRIE LANE PARK PICKLEBALL IMPROVEMENTS, 3119 S. 1161u STREET,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: �1 / r ,r / / -t BASE BID: For-�� One ll4bc4gorlai E1 I�tw,rtd fJh,ttd b 443 Note: Refer to page 2 of 4 for Bid Bond,Completion Date&Perfonuance 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 Hum n 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 Relations Department Any qu s 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 ia,r > v i 1 1Eei4erpri9P 5 In din Name nor�trrta Signature Title rrf5 i din 4" Phone (4 — Fax (l0'l".53' 52S Address LIO2 ? Hann; 14-an 64. t�ri t1 111E 65131 Street!P.O.Box City State Zip E-Mail Address M ark @ k VJ.I Eorierpri S.‘41.91 DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA PRAIRIE LANE PARK PICKLEBALL IMPROVEMENTS 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 documents shall consist of the advertisement,the requirements for bidding and instruction to bidders,this proposal, the contract documents titled"PRAIRIE LANE PARK PICKLEBALL IMPROVEMENTS'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: 5% LuIry burn ($ ), which is at least five percent(5%)of the aggregate am bunt 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 contract completion date for this project shall be June 30,2014. All work associated with the project shall be completed on or before this date, PERFORMANCE BOND: Refer to Specification Section 00200, instructions to Bidders", Part 210 "Bond Submission" and Section 00400, "Performance, Payment Maintenance Bond"requirements. SIGN ALL COPIES Firm Byii,,XVI/E; ;), Title P DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA PRAIRIE LANE PARK PICKLEBALL IMPROVEMENTS NOT AN ORDER Page 3 of 4 Pages INSURANCE REQUIREMENTS: Refer to Specification Section 00500, `General Conditions of the Contract for Construction", Part 2.15, "Contractor's insurance° for insurance requirements. UNIT PRICES: C.Y. = Cubic Yard S.F. = Square Foot S.Y. = Square Yard V.F. = Vertical Foot L.F. = Linear Foot EA. = Each The undersigned further proposes and agrees that if the amount of the work required be increased or decreased,by a request of the Owner,the following supplemental Unit Prices will be the basic price in place for computing extra cost or credit. Each Unit Price shall include all equipment, tools, labor,permits,fee, etc.Incidental to the completion of the work involved based on the construction details)on the Contract Drawings and ail materials listed in the noted Specification Section. UNIT PRICE DESCRIPTION 1. 5"CONCRETE PAVEMENT-Section 02527 $ 5, 2 !S.F. ALTERNATES: 1. Alternate-1: DEDUCT(circle one) $ 2 2 5ffl. T4. rend r►vo U,td Dofrl`rs SIGN ALL COPIES Firm /V9/GfirtrMByTitle i- PRAIRIE LANE PARK PICKLEBALL IMPROVEMENTS It-1-*; City Of Omaha Small & Emerging Small Business Program Participation Disclosure Form THIS FORM MUST BE SUBMITTED WITH THE BID NOTICE: This form must be submitted by the General Contractor/Lead Consultant at the time of bid/agreement submission,designating all companies utilized to complete the scopes . of work designated as reserved for Program Participants on the Participation Utilization Form attached to the project documentation. The General Contractor/Lead Consultant may utilize SEB Program Participants for additional scopes of work not specified on the Participation Utilization Form,but they may not be substituted for scopes specifically identified by the City on the Participation Utilization Form.Should the below listed SEB Program Participant be determined to be unable to perform successfully or is not performing satisfactorily, the General Contractor/Lead Consultant shall obtain written approval from the Public Works Director or a designee before dismissal/substitution of the Participant. By submitting this form,the General Contractor/Lead Consultant is certifying that it has afforded any/all applicable program participants the opportunity to submit bids/proposals on this project. Identified Full Name of Projected start/ Percentage of total Scope Participant completion date Agreed Price contract 100 °la Mar it V11 Eitfert kes -I*1 O Nip it so pay, Lump iim t00% TOTAL: CERTIFICATION: The undersigned certifies that helshe has read,understands,and agrees to be bound by small and/or emerging small business participation utilization requirements,and the other terms and conditions of the Invitation for Bids/Request for Proposals. The undersigned fwther certifies that he/she is legally authorized to make the statements and representations as to the Participation Utilization requirements and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with the Participating Companies Iisted in the above disclosure at the mice(s)set forth in this disclosure,conditioned upon execution of a contract/agreement by the undersigned company with the City of Omaha. The undersigned agrees that if any of the representations made regarding utilization of small and/or emerging small business by the General Contractor/Lead Consultant,knowing them to be false,or if there is a failure by the undersigned company to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Public Works Director or designee,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the bid/proposal or to terminate the Contract/Agreement for default. The right to so terminate shall be in addition to,and not in lieu ot;any other rights or remedies the City of Omaha may have for other d Its under e Contract/Agreement,under City of Omaha's Contract Compliance Ordinance or otherwise. Signed this day o •1 in the year �01 J �l 1 Signature: Title: t'febicient Printed Name: P1o,k . )n-10 Firm or Corpora ame: or V tt i En r rj. s Address: NO Z$ it O -1.on 5i / Ohlaha. 69!3! Telephone No.: g07 .306'qef 23 DOUGLAS COUNTY PURCHASING DEPARTMENT 1819 FARNAM STREET 902 CIVIC CENTER OMAHA NEBR 68183 PHONE (402)444-4954 FAX (402)444-4992 April 18, 2014 NOTICE TO BIDDERS: REQUEST FOR INVITATION TO BID ON City of Omaha Prairie Lane Park Pickleball Improvements 3119 S 116th Street, Omaha, NE Bid Opening Date: Wednesday, April 23, 2014, at 11:00 a.m. CST ADDENDUM NO. 1: Modifications to the original specifications and drawings dated March 31 2014,as per the attached page (1 page). ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDUM COVER SHEET WITH YOUR BID. END OF ADDENDUM ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDUM C VER SHEET WITH YOUR BID. a rsen—Asst. Purchasing Agent, City of Omaha Purchasing 1 ' Nam f irm Sig ByII YYPnnyi b•7+ Title SECTION 00300 AGREEMENT This AGREEMENT made and entered into in quadruplicate, as of this /ST day of , 2014 by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party of t first part and hereinafter called "OWNER", and Tennis Courts Unlimited with principal place of business at: 1130 N 58th Rd, Nebraska City,NE 68410, hereinafter called"CONTRACTOR": WHEREAS, said Contractor did, under date of April 23, 2014 submit a proposal to construct as outlined in the proposal "Prairie Lane Park Pickleball Improvements" for the City of Omaha, for a base bid of Thirty Two Thousand One Hundred Dollars and No Cents ($ 32,100.00), and add Alternate No. 1 (10' Player Bench and Concrete Paving) in the amount of One Thousand Six Hundred Ten Dollars and No Cents($1,610.00),for a total bid of Thirty Three Thousand Seven Hundred Ten Dollars and No Cents ($33,710.00) 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. 811, , adopted YJ 02 ,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 "Prairie Lane Park Pickleball Improvements", 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 "Prairie Lane Park Pickleball Improvements" 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 Prairie Lane Park,3119 S. 116th Street,Omaha, NE, 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 "Prairie Lane Park Pickleball Improvements" in accordance with the aforesaid plans, specifications and addenda, and agrees to do so for the sum of$33,710.00. e. Owner agrees to pay Contractor said amount of $ 33,710.00, in accordance with the provisions of the aforesaid specifications,addenda and proposal of the Contractor accepted by Owner. f. All provisions of aforesaid plans, specifications and addenda shall be strictly complied with and conformed to by Contractor, the same as if re-written herein, and no substitution or change in said plans, specifications and addenda shall be made except upon written consent or written direction (the form of either of which shall be a written "Change Order") of Owner and Owner's Architect, John Williams, PLA, Prairie Lane Park Pickleball Improvements Agreement 00300-1 ASLA, Landscape Architect I Park Planning Division — City of Omaha Parks, Recreation and Public Property Department; 1819 Farnam Street,Suite 701,Omaha,NE 68183-0701.Office: 402.444.4915; Direct: 402.444.5943; Fax:402.444.4921;email: john.williams(a7ci.omaha.ne.us 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 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, Prairie Lane Park Pickleball Improvements Agreement 00300-2 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. 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 to substantially complete all the work by June 30,2014. Prairie Lane Park Pickleball Improvements Agreement 00300-3 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. 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 Prairie Lane Park Pickleball Improvements Agreement 00300-4 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; TENNIS COURTS UNLIMITED, INC. CITY OF OMAHA Executed this I day of f , 20 / 7` Executed thi&'y of 7u/ , 20 By: ___6/1J /wA-- (Authorized Signature) Jean Stothert, Mayor A 14 �� - ATTEST: (Printed Name) Title: py,05, Buster Brown, City Clerk Wi ess Signature -" APPROVED AS TO FORM: ssist t City Attorney Prairie Lane Park Pickleball Improvements Agreement 00300-5 SECTION IV BOND # 106082283-7 PERFORMANCE,PAYMENT AND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Tennis Courts Unlimited,, Inc . of Nebraska City hereinafter called the Principal, and Travelers Casualty a n d Surety Company of America hereinafter called the Surety, are held and firmly bound unto the City of Omaha, a Municipal Corporation in Douglas County,Nebraska,hereinafter called the Owner, in the penal sum of Thirty Three Thousand Seven Hundred Ten and N o/l o o ($3 3, 710. 0 0 ), lawful money of the United States of America,to be paid to the Owner for the payment whereof the Principal and Surety hold themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these present. WHEREAS,the Principal has, by means of a written Contract dated the day of , 2 0111 entered into a Contract with the Owner for the construction by the Principal, as Construction Contractor, of Prairie Lane Park Pickleball Improvements located at 3119 S 116th St , Omahq, NE all in Omaha,Douglas County,Nebraska, for the City of Omaha, in accordance with the plans and specifications prepared for Owner, which Contract is made a part hereof by reference thereto the same as though fully set forth herein: NOW, THEREFORE, the conditions of this obligation are such that: FIRST: If the Principal shall faithfully perform the Contract on his part, shall satisfy all claims and demands incurred for the same, shall fully indemnify and save harmless the Owner from all cost and damage which said Owner may suffer by reason of failure so to do, and shall fully reimburse and repay said Owner all outlay and expense which said Owner may incur in making good any such default; and, SECOND: The Principal shall indemnify and save harmless the City of Omaha, its officers, employees, and agents from all claims, suits or actions of every kind and character or on account of any injuries or damages received or sustained by any party or parties by or from the acts of the said Contractor or its servants, agents and subcontractors, in performing under said Contract, or by or in consequence of any negligence in guarding the same or any improper material used in its construction,or by or on account of any act or omission of said Contractor or its servants,agents and subcontractors; and, also from all claims of damage for infringement of any patent in fulfilling said Contract; and THIRD: The Principal and Surety on this bond hereby agree to pay all persons, firms or corporations having Contracts directly with the Principal or with subcontractors all just claims due them for the payment of all laborers and mechanics for labor which shall be performed, for the payment of all materials and equipment furnished, and for the payment and equipment rental which is actually used or rented in the performance of the Contractor on account of which this bond is given,when the same are not satisfied out of the portion of the Contract price which the Owner may retain until completion of the construction; and, Bond Page 1 of 4 FOURTH: The Principal shall guarantee all materials, workmanship, and the successful operation of all equipment and apparatus installed by him for a period of one(1)year from the date of final acceptance of the whole work, and shall guarantee to repair or replace, at his own expense, any part of the structures or apparatus which may show defect during the time,provided that such defect is, in the opinion of the Architect, due to imperfect material or workmanship, and not to careless and improper use: Then this obligation shall be null and void; otherwise,it shall remain in full force and effect. Any Surety on this bond shall be deemed and held, any Contract to the contrary notwithstanding,to consent without notice: 1. To any extension of time to the Principal in which to perform the Contract. 2. To any change in the plans, specifications or Contract, when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than five (5)years from time of acceptance of the work to sue on this bond for defects in workmanship or material not discovered or known to the obligee at the time such work was accepted. SIGNED AND SEALED the 3 0 t n day of M a Y A.D?014 in the presence of: TENNIS COURTS UNLIMITED INC . Contra. Nam By j,,LA Witness Title COUNTER SIGNED: TRAVELERS CASUALTY AND SURETY COMPANY OF Robert T. Ciron Resident Agent Surety AMERICA APPROVED AS TO FORM: (2e•-d- ////1/ By 72ral , Robert T. Ciron . City Attorney Atto -In-Fact P:1ASD13017.PJM Bond Page 2 of Lit WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 41111.. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 218455 Certificate No. 0 0579 2885 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Robert T.Cirone,James M. King,and Suzanne P.Westerholt,and Jacob J.Buss of the City of Lincoln ,State of Nebraska ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 1 lth day of February 2014 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurallce`Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company r,�SU,, 1AA11,,,:, 'iT i'xy �11 IMf !NSV'.k 'AHQ Y,4_ <�, ,� JY ,y Q\. ....-,,G9 0,0 (.31;""efyCP 4 N. :o �cDRRORAtto m§ �l�oR ,4 ` P!D ; u 0 1977 ". . 4,.. 1a:Z ` i95 �� �`� as y `d a+° �NlAN1d� State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 11 t1t day of February 2014 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. NciIn Witness Whereof,I hereunto set my hand and official seal. C' W C V My Commission expires the 30th day of June,2016. C�"two # Marie C.Tetreault,Notary Public w� 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 12nnri P, rrc 2 ,-f )1 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authr,rity of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity • and Guaranty Insurance Company,Fidelity and Guaranty insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,which resolutions are nosh-in full force and effect.reading as follows: RESOLVED,that the Chairman,the President. anv Vice Chairman. any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,rilly Assistant Treasurer.the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of irirlemnuv,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time near remove any such appointee and revoke the power given him or her:.and it is FURTHER RESOLVED that the Chairman,the President.any Vice Chairman,any Executive Vice President.any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company"provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary:and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer.any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary.or(hi duty executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents.Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned.Assistant Secretary,of Farmington Casualty Company Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company.St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company.Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company 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 in full force and effect and has not been revoked. 30th May 14 IN TESTIMONY WHEREOF,I have hereunto set its hand and affixed the seals of said Companies this day of 70 Kevin E.Hughes,Assistant Sec tary G•.Su•.k( 6 # i`! NS r"� �NSU""' "qN ♦ r`� O a a` o siw `�tY . e Lao. O:��..... +P...,... "• e� '� �� � 4`""i (,f 0.POR f 4� �ni 49 C io ' ,19!/ PaePORamo A•+I F Qit° ry C m; fW,°aPORAt mi <° 1 9 81 0 =E;4 F.n i ttatrtwrao, < (RUMOR). J's D 1951 , ! ` ��`SE A,I."Ong �i of w CONN. $ , -4 z \ l of tm`: s SEALib: r° f ° �a d ..... v v 4 .......ha } 61 a r�l1 Nov To verify the authenticity of this Power of Attorney,call 1-800421- 880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Bond Page 4 of 4 06;`06i 2014 07: 22 4022735497 STATEFARM PAGE 01i 01 A RO° CERTIFICATE OF LIABILITY INSURANCE D 05i28/20�14ry' 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcylles) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms end conditions of the policy,certain policies may require en endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endoraernantjsl. PRODUD!R NAMe: randy debuhr - DE BUHR INSURANCE AGENCY INC PHDNE 4028736156 FAx 402673549746644..6/10: Statefarfn 1209 CENTRAL AVE nooses-S:rendy@randydebuhT.com_. M c_ NEBRASKA CITY NE 68410-2309 INSURERS)APFOROING COVERAGE NAIC n—_ Imo ,, 2614S .,,,,..� INSURER A:State Farm Fire and Casualty Company INSURED INSURER S: . TENNIS COURTS UNLIMITED INC INSURER CI 1130 N 58TH RD INSURERS:: _,. ,,. .. • NEBRASKA CITY NE 68410-6140 INSURER F: —-- swuaER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED 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. • TYPE OF INSURANCE ,�,,. -' CYN MEER [isl;.lf•.• AAA AFj, LIMITS x COMMERCIAL omega_LIAOILITY low.A 97•BH•U939-4 F 05(01/2014 OS/0112019 EACH OCCURRENCE RENTED s 1,000,000 r - PREMISES(Ea occurrence)... R,,...,,,,.._.. MED EXP(Any one pelon) $ 5,000 ■ PERSONAL A.ADV INJURY $ r�... GENERAL AGGREGATE $ io00,000 • PRODUCTS-COMPIOPAdO 2,000,000 $ _ AUTOMOBILE LIABILITY 1 M�EdeOM�9NGLE UMiT S ,_.._.... ANY AUTO BODILY INJURY(Per person) $ jTOS WNED ■ AUTOS A BODILY INJURY(Per accident) $ ....�.,.,...._ NON OWNED PROPERTY DAMAGE —. �'� HIRED AUTOS 1 AUTOS (tocldmdl $ ■ EACH OCCURRENCE $ ■ . AGGREGATE T ■ r r • $ WORKERS COMPENSATION I R OT - ANDEMPLOYeasLIABILnY 97•BH•U98,2-2 F 05/01/2014 05101/201i1 .........,9T11T�_«_ER ANY PROPRIETOR.IPARTNERIEXECUTIVE Yam( [,L.EACH AcciOENT 9 100,000 OFFICERJMEMOER GLCLUDEOI UII 100,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE r _ N lee describe urnt�r E.L.DISEASE-POLICY LIMIT $ SOS,0o0µ DES -IPTI OF PERA 0 below DESCRIPTION OP OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remark,Schedule,may tin attached It more ewe N regitred) court resurfacing CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AC13ition,a� Insured: THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Omaha AUTH ED REPRESENTATIVE Stair 0-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 1001486 132809 9 02-04-2014 c ZSA CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on April 23, 2014, to furnish labor,}naterhals, and all incidentals necessary to complete the construction of the Prairie Lane Lark Pickleball Improvements, 3119 South 116t Street, for the Parks, Recreation, and Public Property Department; and, WHEREAS, Tennis Courts Unlimited, Inc. submitted the lowest bid, within bid specifications, attached hereto and made a part hereof, in the total amount of $33,710.00 (includes Alternate No. 1 in the amount of$1,610.00); and, WHEREAS, Tennis Courts Unlimited, Inc. has complied with the City's Contract Compliance Ordinance No. 28885 in relation to Civil Rights - Human Relations; and, WHEREAS, the Mayor has recommended acceptance of this bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the bid in the total amount of$33,710.00 (includes Alternate No. 1, in the amount of $1,610.00) from Tennis Courts Unlimited, Inc. to furnish labor, materials, and all incidentals necessary to complete the construction of the Prairie Lane Park Pickleball Improvements, 3119 South 116th Street, being the 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 FORM: G i/ SSI ANT CITY ATTORNEY I5A E p:1953tmb By /1412zt... Councilmember Adopted [IL - 1 ZO City Clerk 7/5/7. Approved.1� -S bisa� Mayor NO. SI V Resolution by Res. that, as recommended by the Mayor, the bid in the total amount of$33,710.00 (includes Alternate No. 1, in the amount of$1,610.00) from Tennis Courts Unlimited, Inc. to furnish labor, materials, and all incidentals necessary to complete the construction of the Prairie Lane Park Pickleball Improvements, 3119 South 116th Street,being the 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 6rganization No. 117317,Parks and Cultures Bond. p:1953tmb Presented to City Council JUL - 1 2014 AdOpted !7_C guiter grown City Clerk