RES 2013-1215 - Bid from Jackson's Complete Concrete for work on trails and parks oMAHA,NF C} j Parks, Recreation &
°� 8�, f 1 Li L. Public Property Department
" rrr A r Omaha/Douglas Civic Center
Wti�� l k ', e
x f�� i 3 w�;, a`V S: 1 ,` '',``1 1819 Farnam Street,Suite 701
o® sue° Omaha,Nebraska 68183-0701
tA • �ro (402)444-5900
4
�'rFo aesR . i'1 ;�:;f', FAX(402)444-4921
City of Omaha "H& H,%, i'
Jean Stothert,Mayor
September 10, 2013
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 Jackson's Complete Concrete, to furnish all labor, materials,
and equipment necessary to complete the removal and replacement of concrete pavement at
various City of Omaha trails and parks, in the total amount of $54,500.00. The concrete
pavement repair/replacement shall include, but not be limited to the demolition of existing
concrete or asphalt pavement, grading, layout, and installation of new concrete pavement
concrete, for the Parks, Recreation, and Public Property Department.
Jackson's Complete Concrete submitted the lowest and best bid for the project.
The following bids were received on July 17, 2013:
CONTRACTOR BID
JACKSON'S COMPLETE CONCRETE $ 54,500.00 (BEST BID)
DIY Holding Company, Inc. $ 75,790.00
Spencer Management $150,500.00
Jackson's Complete Concrete 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 $54,500.00 to
Jackson's Complete Concrete 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 Jackson's Complete Concrete being the best bid received, and requests your consideration
and approval of this Resolution.
Page -2-
Honorable President
and Members of the City Council
Res ec y sub itted,
I
rook Benc , Director e
Parks, Recreation, and
Public Property Department
Approved as to Funding: Approved:
Oa- 4 P-02-3 -/} :- ' / ' - — ' 2
4,[1-4-/L, i ' / 6 ic '
Allen Herink Date H man Rights and Relations D to
Acting Finance Director
Referred to City Council for
Consideration:
diLd(Stgt S-1-1- 1 D
Mayor's Office/Title Date
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, bids were received on July 17, 2013, to furnish all labor, materials, and
equipment necessary to complete the removal and replacement of concrete pavement at various
City of Omaha trails and parks. The concrete pavement repair/replacement shall include, but not
be limited to the demolition of existing concrete or asphalt pavement, grading, layout, and
installation of new concrete pavement concrete, for the Parks, Recreation, and Public Property
Department; and,
WHEREAS, Jackson's Complete Concrete submitted the lowest bid, within bid
specifications, attached hereto and made a part hereof, in the total amount of$54,500.00; and,
WHEREAS, Jackson's Complete Concrete, 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 $54,500.00,
from Jackson's Complete Concrete, to furnish all labor, materials, and equipment necessary to
complete the removal and replacement concrete at various City of Omaha trails and parks, being
the lowest and best bid received within bid specifications, attached hereto and made a part
hereof, is hereby accepted. The concrete pavement repair/replacement shall include, but not be
limited to the demolition of existing concrete or asphalt pavement, grading, layout, and
installation of new concrete pavement concrete. The Purchasing Agent is authorized to issue a
purchase order in conformance herewith. Funds in this amount shall be paid from the 2010 Parks
and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bond.
APPROVED AS TO RM:
A,&4A- 6-21-13
ASSIS ANT CIT TTORNEY DATE
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By � J
Councilmember
Adopted 1 0 2013
ity "lerk 9/07/.3
Approved. .
Mayor
SECTION 00300
AGREEMENT
This AGREEMENT made and entered into in quadruplicate, as of this iv day of 1400109, 2013
by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party f the first part and
hereinafter called "OWNER", and Jacksons Complete Concrete with principal place of business at: 5021 Fontenelle
Blvd.,Omaha, NE 68111, hereinafter called"CONTRACTOR":
WHEREAS, said Contractor did, under date of July 17, 2013 submit a proposal to construct as outlined in the
proposal"Concrete Pavement Replacement for Omaha Trails and Parks"for the City of Omaha,for the sum of Fifty
Four Thousand Five Hundred Dollars and No Cents ($ 54,500.00), 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. / /5
adopted � ,( /i �c9 , 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 "Concrete Pavement
Replacement for Omaha Trails and Parks", 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 "Concrete Pavement Replacement for Omaha Trails and Parks" 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 the Trails and Parks, 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 "Concrete Pavement
Replacement for Omaha Trails and Parks" in accordance with the aforesaid plans, specifications and
addenda,and agrees to do so for the sum of$54,500.00.
e. Owner agrees to pay Contractor said amount of $ 54,500.00, in accordance with the provisions of the
aforesaid specifications, addenda and proposal of the Contractor accepted by Owner.
f. All provisions of aforesaid plans, specifications and addenda shall be strictly complied with and conformed
to by Contractor, the same as if re-written herein, and no substitution or change in said plans,
specifications and addenda shall be made except upon written consent or written direction (the form of
either of which shall be a written "Change Order") of Owner and Owner's Architect, Dennis E. Bryers,
FASLA, PLA / Park Planner II — Landscape Architect/ Park Planning Division - City of Omaha
"Concrete Pavement Replacement for Omaha Trails and Parks"
Agreement
00300-1
Parks, Recreation and Public Property Department; 1819 Farnam Street, Suite 701, Omaha, NE
68183-0701. Office: 402.444.4915; Direct: 402-444-3798; Mobile: 402-616-3724; Fax: 402-444-4921;
email:dbrvers(c,ci.omaha.ne.us 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,
"Concrete Pavement Replacement for Omaha Trails and Parks"
Agreement
00300-2
disability or national origin. The Contractor shall take all actions necessary to comply with the Americans
with Disabilities Act of 1990 and Omaha Municipal Code, (Chapter 13) including, but not limited to,
reasonable accommodation. As used herein,the word"treated"shall mean and include,without limitation,
the following: Recruited, whether advertising or by other means; compensated; selected for training,
including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and
terminated. The Contractor agrees to and shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officers setting forth the provisions of
this nondiscrimination clause.
g-8. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to
race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin as recognized
under 42 USCS 12101 et seq.
g-9. The Contractor shall send to each labor union or representative of workers with which they have a
collective bargaining agreement or other contract or understanding a notice advising the labor union or
worker's representative of the Contractor's commitments under the Equal Employment Opportunity Clause
of the City and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
g-10. The Contractor shall furnish to the Contract Compliance Officer all Federal forms containing the
information and reports required by the Federal government for Federal contracts under Federal rules and
regulations, and including the information required by Sections 10-192 to 10-194, inclusive, and shall
permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be
those which are related to Paragraphs(7)through (13)of this subsection and only after reasonable notice
is given the Contractor. The purpose for this provision is to provide for investigation to ascertain
compliance with the program provided for herein.
g-11. The Contractor shall take such actions with respect to any subcontractor as the City may direct as a
means of enforcing the provisions of Paragraphs(7)through(13)herein, including penalties and sanctions
for noncompliance; however, in the event the Contractor becomes involved in or is threatened with
litigation as the result of such directions by the City, the City will enter into such litigation as necessary to
protect the interests of the City and to effectuate the provisions of this division;and in the case of contracts
receiving Federal assistance, the Contractor or the City may request the United States to enter into such
litigation to protect the interest of the United States.
g-12. The Contractor shall file and shall cause their subcontractors, if any, to file compliance reports with the
Contractor in the same form and to the same extent as required by the Federal government for Federal
contracts under Federal rules and regulations. Such compliance reports shall be filed with the Contract
Compliance Officer. Compliance reports filed at such times as directed shall contain information as to the
employment practices, policies,programs and statistics of the Contractor and their subcontractors.
g-13. The Contractor shall include the provisions of Paragraphs (7) through (13) of this Section, "Equal
Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so that
such provisions will be binding upon each subcontractor or vendor(refer to Specification Section 00205
for more detail).
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.
"Concrete Pavement Replacement for Omaha Trails and Parks"
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 to substantially complete all the
work by November 15, 2013 or until the City provides written notice that the repair/replacement
services are no longer required.
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
"Concrete Pavement Replacement for Omaha Trails and Parks"
Agreement
00300-4
the authorization of any additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council.
The originally approved scope and primary features of a contract or purchase will not be significantly
revised as a result of amendments not approved in advance by the City Council. The provisions of this
Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority
of the Mayor under Section 5.16 of the City charter to approve immediate purchases.
IN WITNESS WHEREOF, we the contracting parties, by our representative duly authorized agents,
hereto affix our signatures and seals at Omaha, Nebraska;
JACKSONS COMPLETE CONCRETE CITY OF OMAHA
Executed this /II day of et , 20 /3 Executed this day of , 20./
By:
(Authorized Signature) Jean Stothert, Mayor
!c°" ATTEST:
(Printed Name)
Title: OW 41 re B,"?‘
uster Brown, City Clerk
L -
Witness Signature
APPROVED AS TO FORM:
.4ssis ant Gorne
Y Y
"Concrete Pavement Replacement for Omaha Trails and Parks"
Agreement
00300-5
:BOND # 97 CG 1239 5
SECTION 00400
PERFORMANCE,PAYMENT AND MADITENANCE BOND
mow Au,MEN BY THESE PRESET: T 1KERRY JACKSON DBA JACKSON S COMPLETE CONCRETE
oaths,Nebraska,hereinafter ailed the principal,and STATE FARM Fit ; An c:MAum.lhastittorgiad
the Surety,are held and firmly bound unto the City of Cradle,a Municipal Corporation in Douglas County,Nebraska,
hereinafter called the Owner,In the penal sum of FIFTY FOUR THOUSAND FIVE HUNDREr$54,500.%O
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 severalty;flinty by these
present.
WHEREAS,the Principal.has,by means of a written Contract dated the day of ,2013,entered into
a Contract with t he Owner for the performance by the Principal,as CONCRETE COntlr ,or,of
CITY OF OMAH4ocated at OMAHA, NE in Omaha,Dougfaa County,Nebraska,far ins Chy 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 condilions of this obligation are such that:
FIRST: If the Principal shah faithfully perform the Contract on his part, shall satisfy all claims and
demands incurred for the same,shall fully Indemnity 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,kt 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 at claims of damage for infringement of any patent in full Ling 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 clef ns 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 ci the Contractor on account of
which this bond ie ghren,,whenthe same are not satisfied out of the portion of the Contract price which the Owner may •
retain until won of the construction;and,
FOURTH: The Principal shall guarantee all materials,workmanship,and the successful operation of all
equipment and apparatus installed by him fora 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:
Concrete Pavement Replacement For Omaha Trails and Parks
Performance,Payment And Maintenance Bond
26 June 2013
00400.1
Then this obligation shall be null and void;otherwise,it shall remain in full fame and effect.
Any Surety on this bond stun be deemed and held, any Coat to the contrary notwithatandng,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,specificadoris 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 void which!knits to leas than five(5)years
from time of acceptance of the work to sue on this bond for defects ki workmanship or material not
discovered or!mown to the obligee at the time such workwas accepted.
SIGNED AND SEALED the 231 day of JULY ,2013 in the present of: _
Contra (l=rm ))04.
BY
witness
COUNTER SIGNED: '
STATE FARM FIRE AND CASUALTY COMPANY
Resident Agent Surety
APPRO AS TO FORM: /
City orrney Attomeyin`Fact MELISSA L. MORRIS
Concrete Pavement Replacement For Omaha Trails and Parks
Performance,Payment And Maintenance Hand
26 June 2013
00400-2
. •
Power of Attorney
STATE FARM FIRE AND CASUALTY COMPANY
KNOW ALL PERSONS BY THESE PRESENTS:That STATE FARM FIRE AND CASUALTY COMPANY,an Illinois corporation,with its principal office in..\
Bloomington,Illinois,does hereby constitute and appoint:Jennifer Bless,Eugina Brant,Amanda J.Clifton,Ceola Campbell,Pamela Chancellor,Julie
Fehrman,Mark Fink,Julie Freed,Matthew J.Gibbons,John R.Horton,Cynthia Johnson,Susan K.Johnson,Connie S.Knox,Christine Macdonnell,Lori
McDowell,Melissa L.Morris,Mary Ann Nix,Vicki Redman,Leann Rees,Suzanne M.Robertson,Alice Schuler,Karen Sparks,Mary A.Spotts,Steven M.
Straub,Heidi Stevens,Perry Tracy,Karen Weber,Jennifer Wyant,Karli Yoder of Bloomington,Illinois its true and lawful Attomey(s)-in-Fact,to make,
execute,seal and deliver for,and on its behalf as surety,any and all bonds,undertakings or other writings obligatory i tpe nature of a bond as follows:
Any such obligation in any amount '
This appointment is made under and by the authority of a resolution which was passed el five Committee of the Board of
Directors of State Farm Fire and Casualty Company on the 8 th day of June,2009,as i du r•4by the Board of Directors in Article
II, Section 6 of the By-Laws of the Company,which resolution is:
Resolved,that the Officer of the Company who works regularly with surely s • orized to appoint and empower any
representative of the Company or other person or persons as Attorney-in-�.=.It 6`',• u o •,�f the Company anybonds,
undertakings,policies,contracts of indemnity or other writings obliga• ;`w" "ttatu # td6nd,which the Company might execute through
its officers,and affix the seal of the Company thereto.Any said exe.:. io ,uch do ents by an Attorney-in-Fact shall be as binding
upon the Company as if they had been duly executed and a ti ,,e•`•=.1 � regularly elected or appointed officers of the Company.Any
Attorney-in-Fat, so appointed, may be removed for good et,
d,k• so granted may be revoked as specified in the Power of
Attorney. % R}
Resolved,that the signature of any Officer p ,. p \ . 3 bove and the seal of the Company may be affixed by facsimile on
any power of attorney granted,and the signaj z of the Company noted above, and the seal of the Company may be
affixed by facsimile to any certificate of- s se, y such power or certificate bearing such facsimile signature and seal shall be
valid and binding on the Company.ir '+. poweCr.� cuted and sealed and certificate so executed and sealed shall,with respect to
any bond or undertaking to whi �,'� "7« ed,coin a to be valid and binding on the Company.
IN WITNESS THER Si% FARM FIRE AND CASUALTY COMPANY has caused this instrument to be signed by its Assistant
Secretary Treasurer,a d rporate Seal to be affixed this 8 th.day of June,2009.
This APPOI Y 1, MALL CEASE AND TERMINATE AUTOMATICALLY AS OF DECEMBER 31,2013, UNLESS SOONER
REVOKED AS P eV BED.
=k`QE.MO `'4,, STATE FARM FIRE AND CASUALTY COMPANY
,r+. %f.,1,,
de4444.4.--
S'.SEAL :° By:
''4,i 4v-. -• _s' ssistant Sec ry Treasurer
STATE OF ILLINOIS ''!,:.. .;"'
COUNTY OF McLEAN
On this 8th day of June 2009, before me personally came Bradley M. Weaver to me known, who being duly sworn, did depose and say that he is
Assistant Secretary Treasurer of STATE FARM FIRE AND CASUALTY COMPANY,the corporation described in and which executed the above instrument;
that he knows the seal of said corporation;that the seal affixed to said instrument is such Corporate Seal;and that he executed said instrument on behalf of
the corporation by authority of his office under the By-Laws of said corporation.
OFFICIAL SEAL a jiddatA
(Caren Weber NoNOTARY PUBLIC-STATE OF ILLINOIStary Public
ILLINOIS My commission expires July 24,2014
MyComm�aionExpiresJuly24,2014 CERTIFICATE
I, the undersigned Officer of STATE FARM FIRE AND CASUALTY COMPANY, do hereby certify that the original Power of Attorney of which the
foregoing is a true and correct copy,is in full force and effecctt an re:not revo ed and the resolutions as set forth are now in force.
Signed and sealed at Bloomington,Illinois.Dated this •2- ay of , c711.Dii ,
E
i 1 i .,, . ,
', ...SELL .'t ....1606,104
1_.
%'4., ,-„........."' Assistant Secretary Ire=4
If you have a question concerning the validity of this Power of Attorney,call(309)766-2090.
FB6-9043.47A
(01-03-12) Printed in U.S.A.
A`C ® DATE(MNUDDIYYYY)
`rr'� CERTIFICATE OF LIABILITY INSURANCE 08/09/2013
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).
CON
PRODUCER Grant Mussman NNAME T Bev Mussman
606 S 72nd Street P"O No.Exti:(402)934-9295 - IAAic,No):(402)939-0989
StateFarm Omaha, NE 68114 ADDRESS:bevesfomaha.com
(402) 934-9295 INSURER(S)AFFORDING COVERAGE NAIC S
INSURER A:State Farm Fire and Casualty Company 25143
INSURED Kerry Jackson DBA Jackson's Complete Concrete INSURER B:
5021 Fontenelle Blvd INSURER C:
Omaha,NE 68111 INSURERD:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POUCIES 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 POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRT ADM SUER POLICY EFF POLICY EXP
TYPE OF INSURANCE POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY4 LIMITS
GENERAL LIABILITY I y III 97-BE-X835-1 07/01/2013 07/01/2014 EACH OCCURRENCE $ 1,000,000
1 DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) S 100,000
ICLAIMS•MADE X OCCUR MED EXP(Any one person) $ 5,000
PERSONAL 8,ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000 _
GENT.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
X POLICY rEa n LOc Mobile Equipment $ 30,000
AUTOMOBILE LIABILITY ' 1 I 092 6760-B03 27 OB/0312013 08/03/2014 (CEOI IaccNKED SINGLE LIMIT $ 100 000
ANY AUTO - - I BODILY INJURY(Per person) $ 100,000
x AAtLJLTOO ED SSCHHEDULED BODILY INJURY(Per accident) $ 300,0g0
NON-OWNED PROPERTY
)AMAGE
HIRED AUTOS ( det $ 100,000
Medical Coverage $ 3,000
UMBRELLA LIAB OCCUR I JJJJ N/A EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTIONS $
WORKERS COMPENSATION Xv WE STATU- OTH-
AND EMPLOYERS'LIABILITY YIN 97-BH-R195-0 F 07/01/2013 07/01/2014ER
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ 1,000,000
OFFICE/MEMBER EXCLUDED? Y N I A a
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE,$ 1,000,000
!ryes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required)
Any and all work assigned
Certificate holder is listed as an additional insured and has the waiver of subrogation requirements clause.
CERTIFICATE HOLDER CANCELLATION
City of Omaha SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN
Steven Slater Contractual Services Coordinator ACCORDANCE WITH THE POLICY PROVISIONS.
City of Omaha Parks,Recreation and Public Property AUTHOR! REPRESENTATIVE
1819 Farnam Street,Suite 701 Omaha, NE 68183-0701
iai
CO 1988 10 A RD CO PORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1001488 132849.8 01-23-2013
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Bid Form(Rev.04-2013) DEB
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA Concrete Pavement Replacement For Omaha Trails and Parks
RETURN BIDS TO: Published:26 June 2013
CITY CLERK,LC-1
OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER Paget of 4 Pages
1819 Farriam 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 220,000 OR MORE. BID BOND
OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA".
Bid Opening Date:
11:00A.M. 17 July 2013
IMPORTANT
1.Bid must be in the dice 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 6818340011 by bid opening dab and time B.When submitting bid on items listed,bidder may on a separate sheet,make suggestions
indicated,in sealed envelope marked BID ON:Concrete Pavement Replacement For covering reduction in costs wherever this is possble through redesign,change of material
Omaha Trails and Parks. 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 walled check shall be made payable to be'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 react any or as bids in their entirety end the bidders shall
have the right to appeal any decMon 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 cent Ficates
wB be furnished.Do not indude tax In bid. •
Quote your lowest price,best delivery and terms,F.O.B.delivery point on the tennis)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 Division for the Concrete Pavement Replacement For Omaha Trails and
Parks and that the bidder has made all the examinations and investigations required by said documents.
BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO ( ,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 DMsion 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"Concrete Pavement Replacement For Omaha Trails and Parks,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: i 0,06
Note: Refer to page 2 of 4 for Itemized Proposal,page 3 of 4 for Bid Bond information,Completion Date,Perbrmmu Bond,and Insurance Requirements and
• page 4 of 4 for the Responsible Contractor Compliance Form RC-1. Refer any auestions reaardlna the Mar Contract Documents directly to the Park Planning
Division at 402-4444798 or as noted in the Contract Documents.
Al bidders awarded a contract in the amount of$5,000 or more must comply Oh the Contract Compliance Ordinance and have on Ale whh tAe Human Relations Department the Contract
Comdance Report(Form
CC-1).
Thls
dirt she the Hum
be In an et notations months
horn the ate received by the Human Relations Department.My questions regarding the Contract Compliance .
Ordinance or PBENEe
(Please Print Legibly or Type) Firm 4.546 ( / ( )iLAst fncor rated in /J lv A
Name /�'�l.j�,G.L4 A,., J) drlf Signs
Title CJWM!i Phone yea-- -i3 b Fax F 5F
Address J�Od1 5/?J��f2,�1 ! lip Nee e io 2I//
Street!P.O.Box City Sate Zip
E-Mail Address 401./C6r/J1Z.Onfirtes .) r��a,f�1�►-~ .
Bid Form(Rev.04-2013)
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA Concrete Pavement Replacement For Omaha Trails and Parks
NOT AN ORDER
Page 2 of 4 Pages
THE FOLLOWING IS THE ITEMIZED PROPOSAL:
These unit prices shall apply in the event the actual installed quantities are under or above the bid quantity. Refer to the"Project
Requirements"for additional information.
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
1. Remove and Replace Integral Concrete LF 50 $ )D $ OO
Curb/Curb&Gutter �0'
2. Remove and Replace Concrete Sidewalks& SF 7,000 $ .4 o $ 00
Golf Cart Paths,New thickness=5-1/2" c I,
3. Remove and Replace Concrete Trail,New SF 6,000 $ ov $ 00
thickness=6" oA /?. 060
4. Remove and Replace Concrete SF 1,000 $ 0, OD $ 09, "
Roadway/Parking,New thickness=6"
5. Remove and Replace Concrete SF 1,500 $ y u J $ ODv DO
to
Roadway/Parking,New thickness=8" `
6. New Concrete Sidewalks&-Golf Cart Paths, SF 3,000 $ tip $
New thickness=5-1/2"(includes 9, 000,
excavating/removal of existing soil and
backfiltin: on both sides
..
TOTAL PROPOSAL - $ /
•
The bidder hereby states that the above total cost to the City of Omaha includes ail 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"Concrete Pavement Replacement For Omaha Trolls and Parks'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.
SIGN ALL COP ES Pine Ao7t-
Al 6 L� Title C A_ Jar—
Rid Form(Rev.04-2013)
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA Concrete Pavement Replacement For Omaha Trails and Parks
NOT AN ORDER
Page 3 of 4 Pages
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
.failY of Oma in the sutryof: /� ,.,
J Ult/ *41hsiid Aeon �i� /1"lir€a 1 f't f 4 O ($ 10/ "r"'�.which
Is at least five percent(5%)of the aggregate amount of the p •• I.
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 nameof 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 15 November 2013 oruntil the City provides written notice that the repaidreplacement
services are no loaner required.
PERFORMANCE BOND:
Refer to Specification Section 00200, 'Instructions to Bidders", Part 2.10, °Bond Submission°and Section 00400, "Performance, Payment
Maintenance Bond requirements.
INSURANCE REQUIREMENTS:
Refer to Specification Section 00500, 'General Conditions of the Contract for Construction°, Part 2.15, °Contractor's Insurance" for insurance
requirements,
STARTING/SCHEDULING WORK:
The contractor shall be ready to begin a specific project within three(3)business days after being contacted by the designated representative of the
Omaha Parks,Recreation and Public Property Department(PR&PP). In the event of an emergency repair the contractor shall be expected to meet
with the PR&PP representative within two(2)business days,determine the repair area,and Immedlatey mobilize the proper work force after being
contacted by the City of Omaha.
SIGN ALL COPIES Firm /9 . 'AO I C';)A(j11l�
By 4 Lek
/V.-4/7 Title
Bid Form(Rev.04-2013)
DOUGLAS COUNTY
REQUEST FOR BID AND BID SHEET
ON: CITY OF OMAHA Concrete Pavement Replacement For Omaha Trails and Parks
NOT AN ORDER
Page 4 of 4 Pages
Responsible Contractor Compliance Form RC-1
(41w)
1. lliegulations:
A.Article IV,Division I of Chapter 10 of the Omaha Municipal Code thereon require:
1.That all contractors who submit a bid to City of Omaha shall designate a representative who on behalf of the Contractor, _
shall fill out completely a Responsible Contractor Compliance Form(RC-1). An incomplete or unsigned RC-1 form will
make your bid null and void.
2. Filing this Report(please initial in the boxes below):
Contractor agrees that Contractor will not knowingly employ or hire an employee not lawfully authorized to perform
employment in the United States and that the Contractor and all sub-contractors shall use E-Verify to determine work
eligibility.
al 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.
ontractor 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.
9 Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the
• provisions of the Responsible Contractor Compliance Form RC-I.
114-4/-----,i,/ 9-1*-3 _
ignature / 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.
I
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NO.
Resolution by
Res. that, as recommended by the Mayor, the bid in the total
amount of$54,500.00, from Jackson's Complete Concrete, to
furnish all labor, materials, and equipment necessary to
complete the removal and replacement concrete at various City
of Omaha trails and parks, being the lowest and best bid
received within bid specifications, attached hereto and made a
part hereof, is hereby accepted. The concrete pavement
repair/replacement shall include, but not be limited to the
demolition of existing concrete or asphalt pavement, grading,
layout,and installation of new concrete pavement concrete. 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:1840tmb
l
Presented to City Council
SFP 1 0 2013
Adopted
eu3ter grown
City Clerk