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RES 2000-2032 - Contract with Prairie Construction Company for construction of fire station #3• 4vrAtte-rs ke 5 0 3 DTI AHA.NF R� RECEIVED Administrative Services Department .,(y�> Ornaha/Douglas Civic Center ... 00 JUL 2i AM 9: 34 1819 Farnam Street,Suite706 c,sr, ' r �t � Omaha,Nebraska 68183-0706 CIT.( CLERK (402)444-3814 O'TtD FEBRUr�y � # FAX(402)444-5903 Cityof Omaha Patrick J.McPherson Director Hal Daub,Mayor Honorable President and Members of the City Council, Transmitted herewith is a Bid Tabulation and a Resolution authorizing the award of a contract to Prairie Construction Company for the construction of Fire Station No. 3 at 16th and Spring Streets. In accord with the provisions of the Omaha Municipal Code,this project was considered and received Conditional Use Permit approval by the City Planning Board at its June meeting. The following bids were received on July 19, 2000. As indicated in this tabulation, this project drew a large amount of bidder interest and competition, resulting in very good bid pricing. CONTRACTOR TOTAL BASE BID PRAIRIE CONSTRUCTION COMPANY $1,284,000.00 (LOW BIDDER) Lueder Construction Co. $1,289,000.00 Charles Vrana& Son Construction Co. $1,299,000.00 Meco-Henne Contracting, Inc. $1,310,000.00 Upland Construction Co. $1,313,000.00 Lund-Ross Constructors, Inc. $1,315,000.00 Construct, Inc. $1,337,000.00 Divercon Construction, Inc. $1,348,700.00 John Luce Company $1,378,950.00 Dicon . $1,381,000.00 Hawkins Construction Co. $1,530,800.00 The construction of this fire station on the parcel of property acquired for this purpose will accommodate a lower level to house the Arson Investigation Bureau relocated from the Central Fire Station. This work is included in the base bid amount. Councilmembers will recall that discussion during the public hearing on the land acquisition addressed the issue of potentially adding a third apparatus bay to this station; this additional space is covered in the Additive Alternate No. 1 ($30,000.00) that is being recommended for inclusion in this award. This will reflect a total contract price of$1,314,000.00 for this project. The contractor has on file a current annual Contract Compliance Report Form, CC-1, in the Human Relations Department; as is City policy, the Human Relations Director will review the contractor to insure compliance with Ordinance 28885. . • ` � '� ' • oi • ti: Honorable President and Members of the City Council Page -2- • The Finance Department is authorized to pay the cost of constructing Fire Station No. 3 from the 1996 Public Facility Bond Fund 338 in the amount of $913,000.00 and from the 1999 Public Facility Bond Fund 385 in the amount of $401,000.00. The contractor has agreed to provide information relative to the utilization of minority and/or women business enterprises in this contract prior to the public hearing on this resolution in accord with the policy implemented by Mayor Daub on May 10, 2000. The Administrative Services and Fire Departments recommend acceptance of the bid from Prairie Construction Company in the total amount of $1,314,000.00, including Additive Alternate No. 1, being the lowest and best bid received for this project, and request your consideration and approval of this resolution. Respectfully submitted, Referred t)City Council for Consideration: 74/4049 Patrick J. McPherson, Director Date ayor's Office ` Date Administrative Services Department ` l/" Approved: Approved: f 24 OCR Ri--?-d 4440— ?/-14 ` Stanley P. Ti Date Kellie Paris-Asaka Date 4'v Acting Finance Director I Human Relations Director Recommended: This action has been reviewed and found to be in conformance with the Master Plan. Paul agner Date Steven N. Jensen, Date Fire Chief Acting Planning Director P:\MAY\9561 sap.doc • • • • • • • • • • • • • • • Nr , 0 o w `°0 --I _ "0 > C d N n o N o C `�• a a O > = o ., 3 N ? D O y. °' D Z D • SD0 . c O o rn r. n n ' D a w * ri1 co O. O 0 (n �. O Q z = o w D O ca 0 p CD n3 n -_i Z 0N ) ID 3 C CD Z <' Ca 1 p cn D CD n' O c �- w 0 n * o Z - = co gr Z ? * n a • D m a CO o rn 0 a' ni co n n m CD 0 0 c---.C. ck C.) --...I =1 n Z Ill 8 { c-- — z • C , „.,_ ,,,t_ i_\,) ail- ct.:.Ai .- '') \- . C: ___, 7 18 C&----." . :_c). )\-)) * Iv73C 4 1 .- i--a _.,..v Ff 0 :_ii_ . . b\„. - -c-- ., ... ... ..,. ui UJ -.v, ___ C © o �, Z c 8 - ,.. ,,...70 i, . ,/` • h £� D V c V _I Si c w > Cu n m.. m o o co N 0 C • ,� T o a O D a • y -a j 0co -_i a N 0 D D = N' - = Z '� N 2. m m n a" o • 3O p � (/) u). •0 wa. a) 03 D (a O a a m a m () _i Z m C a a •-n v D 0 .. Q m -a K N a •-1 2 N 3 (/1 m * • -0 n Z -• 3 -a O. a D CD v 0 a W O. N n �• o Z � a = v z co !...i m a y r a CO0 a) m cn m m C.3 0 Uj kr 41 ‘C> \ r1► C = Ct'\,- i Iv ) r 8 p r— N \ , -mir g '---Vbb' 7.3-17 C Mr Ilk Z m , f Nii) \ -0 ,---_) - • Z C) --I m -17 X CZ m -°73 C Z c� � m lei • • , • • • • . . • . . .. .. . . • • . : • • • . • CONTRACT THIS CONTRACT,made and entered into this01° day oft.r'y' A.D.,20 Go by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party of the first part and hereinafter called "OWNER", and Prairie Construction Company with principal place of business at: 13316 "B" Street, Omaha,NE 68144, hereinafter called "CONTRACTOR": WHEREAS, said Contractor did,under date of July 19, 2000, submit a proposal to construct as outlined in the proposal Omaha Fire Station#3 for the City of Omaha, for the sum of One Million Three Hundred Fourteen Thousand and No/100 Dollars ($1,314,000.00) including Additive Alternate 1,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. c2632-- adopted 7/ 7"o , 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 Omaha Fire Station #3, 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 Omaha Fire Station#3, 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 Omaha Fire Station #3 at 3126 South 16th Street in Omaha, 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 Omaha Fire Station #3, in accordance with the aforesaid plans, specifications and Additive Alternate #1, and agrees to do so for the sum of $1,314,000.00. e. Owner agrees to pay Contractor said amount of$1,314,000.00 in accordance with the provisions of the aforesaid specifications, addenda and proposal of the Contractor accepted by Owner. . ,sJ • 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, City of Omaha, 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 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 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 its Architect 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 therein 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. - 2 - 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 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 3% 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 applicant for employment because of race, religion, color, sex or national origin. The Contractor shall take affirmative action to insure that applicants are employed and that employees are • treated during employment, without regard to their race, religion, color, sex, or national origin. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited (whether advertising or by other means) compensation; 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 not discriminate on the basis of disability as defined by the Americans with Disabilities Act of 1990 and the Omaha Municipal Code (13-82)and shall take all actions necessary to comply with the Americans with Disability Act of 1990 and the Omaha Municipal Code (Chapter 13) including, but not limited to reasonable accommodation. g-9. 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, or national origin. g-10. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor's commitments under the Equal Employment Opportunity Clause of the City of Omaha and shall post copies of the notice in conspicuous places available to employees and applicants for employment. g-11. 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, of the Omaha Municipal Code - 3 - t 1980, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to paragraphs g-7 through g-13 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. g212. 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 g-7 through g-13 herein, including penalties and sanctions for noncompliance, provided, however, that in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as is necessary to protect the interests of the City to effectuate the provisions of the Ordinance 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-13. The Contractor shall file and shall cause his subcontractors, if any,to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with the 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 his subcontractors. g-14 The Contractor shall include the provisions ofparagraphs g-7 through g-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. g-15. 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 for rented in the performance of the Contract. g-16. Contractor agrees to commence work on the date specified in the notice from the Contract Administration Division of the Department of Administrative Services, and to complete all the work in two hundred seventy (270) calendar days. g-17. The Contractor shall guarantee his work for material and workmanship for a period of one (1)year(s) after the date of completion of his Contract, and should any defect be discovered in any of the work included in this Contract within the period of one (1)year(s) from the completion of this Contract,the repair of such defect and the cost of such repairs shall be borne by the Contractor under his Contract. - 4 - g-18. 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 find 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 as 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 Worker's Compensation laws of Nebraska for all workers 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. • 1. 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 ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in - 5 - excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City charter to approve immediate purchases. IN WITNESS WHEREOF, we the contracting parties, by our respective duly thorized agents, hereto affix our signatures d seals at Omaha,Nebraska,this aOday of 20 lam, and this „Iv4 day of /� . , 20 AI respectively. CITY OF OMAHA, A Municipal Corporation in Douglas County, Nebraska, Party of the First Part and also designated as Owner. ATTEST CITY OF OMAHA, a Mun' ipal orporation 7/2/06 e6C5 CITY~ LERK OF THE CITY OF OMAHA DA,A1CTING MAYOR OF THE CITY OMAHA DA E Prairie Construction Company Seal of the'Ci ' AUTHO PRESENTATIVE DATE APPROVED AS TO FORM: )ITY ATTORNEY DATE P:\ASD\954Isap.doc tJ - 6 - SECTION IV Bond Number 54-113612 PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Prairie Construction Company , Omaha, Nebraska, hereinafter called the Principal, and United Fire & Casualty Company hereinafter called the Surety, are held and firmly bound unto the City of Omaha, a Municipal Corporation in Douglas County,Nebraska, hereinafter called the Owner, in the penal sum of One Million Three Hundred Fourteen Thousand and 00/100 ($ 1,314,000.00 ), lawful money of the United States of America, to be paid to the Owner for the payment whereof the Principal and Surety hold themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these present. WHEREAS, the Principal has, by means of a written Contract dated the 20th day of July , 2000 , entered into a Contract with the Owner for the construction by the Principal, as General Contractor, of Omaha Fire Station No. 3 located at 3126 South 16 Street 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, • IV-1 f 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 2° _day of July A.D., 2000 in the presence of: Prairie Construction Company Pa Y tracto i By rank A. Schuman, President itn ss Title COUNTER SIGNED: P6% • : : , . �� � a United Fire & Casualty Company Residen0Agent Surety Peggy Sapienza, Resident Agent APPROVED AS TO FORM: B ,, City Attorney Attorn In- act F. Melvyn Hr tz, Attorney-in-Fact P:\ASD\9542sap.doc IV-2 1 UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company — See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing • under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint F. MELVYN HRUBETZ, OR J.E. CLAY, OR GREG T. LA MAIR, OR JOYCE O. HERBERT, OR NANCY D. SCHWARZ, OR MARK E. KEAIRNES , OR MELISSA L. EVANS, ALL INDIVIDUALLY . of 808 5TH AVENUE DES MOINES IA 50309 its true and lawful Attorneys)—in—Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BONDS and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire DECEMBER 17th 2 0 01 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By—Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V — Surety Bonds and Undertakings." Section 2,Appointment of Attorney-In-Fact."The President or any Vice President,or any other officer of the Company,may,from time to time,appoint by written certificates attorneys-in-tact to act In behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.The signature of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any powerot attorney or special power of attorney or certification of either authorized hereby;such signature and seal,when so used,being adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed.Such attorneys-in-tact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Vice President,the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents ,, tttstayt to be signed by its assistant vice president and its corporate seal to be hereto affixed this A.esr 17th day of DECEMBER ,A.D. 1999 ' COIfOUTE i •r , San UNITED FIRE & CASUALTY COMPANY twt By Assistant Vice resident State of Iowa, County of Linn, ss: On this 17th day of DECEMBER 1999. before me personally came Jeffrey A. Chapin to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is an Assistant Vice President of the UNITED FIRE & 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 the said instrument is such corporated seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporati n. R.G.HECKROTH Notary Public MY COMMISSION EXPIRES December 10, 2001 December 10 2001 My commission expires CERTIFICATION I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By—Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. ,,,�ntter„th In testimony whereof 1 have hereunto subscribed my name an ffix d the corporate seal of the said e'`�t}�4 Company this 20th day of July, 2000 ▪ COIMATE i • ssaL �- % .oe,,r° Se ;tart' YIM►tt` UND 2050b(Rev. 12-99) PRAICONS -ACORD,. INSURANCE BINDER DATE 07/24/00 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER (AICNNo,Ext): 515-2 4 4-016 6 COMPANY BINDER# La Mair - Mulock - Condon Co. Philadelphia Insurance C HCIM301356 808 Fifth Ave EFFECTIVE EXPIRATION DATE TIME DATE TIME Des Moines, IA 50309-1300 07/24/00 12 : 01 X AM 09/24/00 X12:01AM PM NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: SUB CODE: PER EXPIRING POLICY#: AGENCY ER ID: 2 9 71 DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY(Including Location) CUSTOM INSURED Prairie Construction Company Omaha Fire Station #3 13316 "B" Street 3126 South 16th Stree, Omaha, NE Omaha, NE 68144-3612 COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS% AMOUNT PROPERTY CAUSES OF LOSS Building 1, 000 10096 $1, 314 , 000 BASIC BROAD X SPEC Temporary Storage 1, 000 10096 $ 131, 400 In Transit 1, 000 10096i 131, 400 GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ RETRO DATE FOR CLAIMS MADE: PRODUCTS-COMP/OP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident)$ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS MEDICAL PAYMENTS $ NON-OWNED AUTOS PERSONAL INJURY PROT $ UNINSURED MOTORIST $ AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES I I SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT $ OTHER THAN COL: OTHER GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $ IWC STATUTORY LIMITS WORKER'S COMPENSATION E.L.EACH ACCIDENT $ AND EMPLOYER'S LIABILITY E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ SPECIAL Endorsement Applicable as per Attached. FEES $ CONDITIONS/ OTHER TAXES $ COVERAGES ESTIMATED TOTAL PREMIUM $ NAME&ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN# AU ORIZEDREPRESENTATIVE„_ LL(r-X ACORD 75-S(01/98)1 of 2 #8164 NOTE: IMPORTANT STATE INFOR TION ON REVERSE SIDE MLE 0 ACORD CORPORATION 1993 ,a • CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms,conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title Insurance Binder Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. ACORD 75-S(01/98)2 of 2 #816 4 i • • 1 • 1) Named Insureds: The Owner, the Prime Contractor, Subcontractors to the Prime • Contractor, including their Subcontractors and their Sub-Subcontractors. 2) The Company grants permission for any Insured to waive any or all rights of subrogation against any party for loss occurring to the described property prior to a loss. Further, the Company shall in no event seek recovery, through subrogation or otherwise, against any party Named as an Insured under this policy. 3) Losses are to be adjusted with the Contractor and Paid to the Contractor as trustee for the Named Insureds. 4) Permission is granted to occupy the structure. 5) The Company agrees to provide to the Named Insureds at least 30 written days notice of its intent to cancel coverage's. F:\DATA\P&C\Masters\Builders Risk-Contractor-LMC Conditions.doc z Client# : 2971 PRAICONS -ACORDTh, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D D/YY) 07/24/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION La Mair - Mulock - Condon Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 808 Fifth Ave HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Des Moines, IA 50309-1300 515 2 4 4-016 6 INSURERS AFFORDING COVERAGE INSURED INSURER A:Cincinnati Insurance Company Prairie Construction Company INSURER B:Cincinnati CasualtyCompany 13316 "B" Street p y INSURER C: Omaha, NE 6 814 4-3 612 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DO/YY) LIMITS A GENERAL LIABILITY CPP0687445 01/01/00 01/01/01 EACH OCCURRENCE $1, 000, 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire)$1 0 0, 0 0 0 CLAIMS MADE X OCCUR MED EXP(Any one person) $5, 000 PERSONAL&ADV INJURY $1, 000, 000 GENERAL AGGREGATE $ GEM_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $2, 0 0 0, 0 0 0 POLICY PRO- LOC JECT A AUTOMOBILE LIABILITY CPP0687445 01/01/00 01/01/01 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1, 000, 000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY CCC4431135 01/01/00 01/01/01 EACH OCCURRENCE $5, 000, 000 X OCCUR CLAIMS MADE AGGREGATE $5, 0 0 0, 000 $ DEDUCTIBLE $ X RETENTION $0 $ B WORKERS COMPENSATION AND WC894691506 01/01/00 01/01/01 X TORYLIMTS OER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $10 0, 0 0 0 E.L.DISEASE-EA EMPLOYEE$1 0 0, 0 0 0 E.L.DISEASE-POLICY LIMIT$5 0 0, 0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS AD DED BY ENDORSEMENT/SPECIAL PROVISIONS T� 11A Project : City of Omaha, Omaha Fire Station #3 pp'ROV Irl / City of Omaha is an Additional Insured per attached f rm G 1� _ TANT ctTY ATTOF.iEY CERTIFICATE HOLDER I ADDITIONAL INSURED;INSURER LETTER CANCELLATION SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVORTOMAIL3-0_DAYSWRITTEN 1819 Farnum, Suite 706 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha, NE 6 818 3-0 7 0 6 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIV S. AU RIZE E R SENTA I ACORD 25-S(7/97)1 of 2 #546520/M40453 MLE 0 ACORD CORPORATION 1988 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/97)2 of 2 #S46520/M40453 r I POLICY NUMBER: CPP0687445 COMMERCIAL GENERAL LIABILITY CG 20 10 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Omaha 1819 Farnum Street, Suite 706 Omaha, NE 68183-0706 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10 03 97 Page 1 of 1 Copyright, Insurance Services Office, Inc. , 1996 V . C -2A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on July 19, 2000 for the construction of Fire Station No. 3 at 16th and Spring Streets; and, WHEREAS, Prairie Construction Company submitted a base bid of $1,284,000.00 being the lowest and best bid received for the work contemplated in the base bid for this project; and, WHEREAS, the administration recommends inclusion of Additive Alternative No. 1 at a cost of$30,000.00 to provide a third apparatus bay at this fire station. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the base bid of $1,284,000.00 received on July 19, 2000 from Prairie Construction Company for the construction of Fire Station No. 3, being the lowest and best bid received for this construction project, is accepted and the contract shall be awarded therefor. BE IT FURTHER RESOLVED: THAT, the award of this contract shall also include Additive Alternate No. 1 providing a third apparatus bay at this station at a cost of$30,000.00. BE IT ALSO FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the cost of constructing Fire Station No. 3 with Additive Alternative No. 1, from the 1996 Public Facility Bond Fund 338 in the amount of $913,000.00 and from the 1998 Public Facility Bond Fund 385 in the amount of $401,000.00. 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