RES 1999-1421 - Contract with Ponfinio General Inc for Roberts Park site improvement project Pes, 1"//03
' AHA, Parks, Recreation &
:; ��� sf , Public Property Department
u�r,-* E� Omaha/Douglas Civic Center
;!( ��:�n 99 HA 1819 Famam Street,Suite 701
1�� 1' � �H 2: 5 4 Omaha,Nebraska 68183-0701
�ti ^ (402)444-5900
oR'r ED or May 25, 1999 j q CITY i r� FAX(402)444-4921
City of Omaha ' Ai E; �;,4� { James P.Cleary
Director
Hal Daub,Mayor .
Honorable President
and Members of the City Council:
The attached Resolution approves the acceptance of the contract and approval of the bid from
Ponfinio General, Inc. to furnish all labor, materials and equipment necessary to complete the site
improvements at Roberts Park.
The following bids were received on March 31, 1999:
CONTRACTOR BIDS
PONFINIO GENERAL, INC. $537,000.00 (BEST BID)
Swain Construction $592,000.00
The Parks, Recreation and Public Property Department recommends the acceptance of the bid from
Ponfinio General, Inc. having the best bid within bid specifications.
Funds for this project in the amount of$502,629.00 have been appropriated in Fund No. 357, 1996
Recreation and Culture Bond#3, Agency No. 120 and Organization No. 1295 and $34,371.00 in
Fund No. 152,Hazard Mitigation Grant,Agency No. 120 and Organization No. 8299. The Finance
Department is authorized to pay the cost of the project from these accounts.
The contractor 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.
The Parks,Recreation and Public Property Department recommends the approval of the contract and
acceptance of the bid from Ponfinio General, Inc. in the total amount of$537,000.00, being the
lowest and best bid received, within the bid specifications, requests your.consideration and
acceptance of the contract and approval of this Resolution.
espect lly submitted, Referre to the City ouncil for Consideration:
7/)7vdt (c)1 S-7-C/P7 go,
Ja, es P. Cleary, Direct Date Mayor's Office/Title Date
'arks, Recreation and
Public Property Depart t
ved as to Funding: Ap ved:
•Eau_Vi'V s/0(q
ouis A. 'Ercole Date George L aL' , r. Date
Finance Director Human R ations Director
P:\PRPP\7137.MAF
CONTRACT
THIS CONTRACT,made and entered into this 3r1 day of A.D., 19
by and between the City of Omaha, a Municipal Corporation in Dougl ounty,Nebraska,patty
of the first part and hereinafter called "OWNER",and Ponfinio General,Inc., with principal place
of business at: 7701 Pacific, #101, Post Office Box 6770, Omaha, Nebraska 68106, hereinafter
called "CONTRACTOR":
WHEREAS, said Contractor did, under date of March 31, 1999, submit a proposal to
construct as outlined in the proposal for improvements at Roberts Park for the City of Omaha, for
the sum of$537,000.00-Five Hundred Thirty-Seven Thousand and no/100 Dollars 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. /y,2 ,
adopted �/�S7/9, , 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
improvements at Roberts Park,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 park
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 Roberts Park, 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 park improvements in accordance with the aforesaid plans,specifications
and addenda, and agrees to do so for the sum of$537,000.00.
e. Owner agrees to pay Contractor said amount of$537,000.00 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,Pat Slaven,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 aware 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 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.
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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
1980, and shall permit reasonable access to his records. Records accessible to the
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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.
g-12. 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 of paragraphs 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
Administration Division of the Parks, Recreation and Public Property Department,
and to complete all the work within a period of 118 days from notice to proceed.
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.
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.
-4 -
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,may 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.
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.
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
($75,000) or more, shall be approved by the City Council in advance of the
acceptance of any purchase in excess of such limits or the authorization of any
additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council. The
originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the City
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Council. The provisions of this Section will be quoted in all future City contracts.
• Nothing in this Section is intended to alter the authority of the Mayor under Section
5.16 of the City charter to approve immediate purchases.
IN WITNESS WHEREOF, we the contracting parties, by our res ective duly authorized
agents,hereto affix •our signatures and seals at Omaha,Nebraska,th•Pi day of 4ate..,
19 ' and thi�� z� day of , 19fff respectively.
CITY OF OMAHA, A Municipal Corporation in Douglas County,Nebraska, Party of the
First Part and also designated as Owner.
ATTEST: CITY OF OM A A, a Municipal Corporation
4I (
CITY CLERK DA E " MAYO' rA E
•
PONFINIO GENERAL, INC.
(Seal of the City) BY
T ZE PRESENTATIVE
s h Smej al
April 26 , 1999
DATE
APPROVED AS TO FORM:
•' • �w ,y�'�'fy
ASSIS T CITY ATTORNEY DATE
P:\PRPP\7147.MAF
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Bond No. 08135372
SECTION IV
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
•
KNOW ALL MEN BY THESE PRESENTS: That Ponfinio General Incorporated
Omaha,Nebraska, hereinafter called the Principal, and Fidelity and Deposit Company
of Maryland hereinafter called the Surety, are held and firmly
bound unto the City of Omaha, a Municipal Corporation in Douglas County,Nebraska,hereinafter
called the Owner, in the penal Sum Of Five hundred thirty seven thousand dollars
($ S 37,nnn.oo ), 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 31 day
of March 19_99 . entered into a Contract with the Owner for the construction by the
Principal.as . General Contractor, of
Roberts ParlC Site Improvements located at 8025 Izard.
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
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:
l. 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 27 day of April A.D., 19 99 in the presence
of:
Ponfinio General Incorporated _
t Co tractor(Firm Name)
BY 1
Wi ess 1, _1j Title
COUNTER SIGNED:
GLv�n� Fidelity and Deposit Company of Maryland
Resident Agent Stephanie Watts Surety
APPROVED AS TO FORM:
e. a/rout_
By
Attorney Attorney-In-Fact Stephanie Watts
P:V'RPP\STORED'OOIO,FMT Attorney in fact
IV-2
Power of Attorney
- FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by W. B. WALBRECHER, Vice-President, and T. E. SMITH, Assistant Secretary,
in pursuance of authority granted by Article VI, Section 2, of ; -Laws of:• ,%Company, which are set forth on the
reverse side hereof and are hereby certified to be in full fo �I►•d effect�.i k e date hereof, does hereby nominate,
constitute and appoint Douglas C. Durbin, Harry D. Kdf eggy S: +'l ., David G. Jesse, Stephanie Watts,
Patricia A. Jensen and Kendra Sorensen, all of ^ a, Neb���'.; EACH its true and lawful agent and
Attorney-in-Fact,to make, execute, seal and deliver, fo` on its b 't•k7 surety,and as its act and deed: any and all
bonds and undertakings and the execution of suc •s or un•- -.•• gs in pursuance of these presents, shall be as
binding upon said Company, as fully and amply t`' intentsurposes, as if they had been duly executed and
acknowledged by the regularly elected officer , i e Comp.. its office in Baltimore, Md., in their own proper
persons. This power of attorney revokes that ',... on beh.r. Douglas C. Durbin, Harry D. Koch, Peggy Sapienza,
David G.Jesse, Stephanie Watts and Patricit pnsen,dat fic"-e 15, 1998.
The said Assistant Secretary does here. fy th•`�y.xtract set forth on the reverse side hereof is a true copy of
Article VI,Section 2,of the By-Laws L,� Compan '�►T is now in force.
IN WITNESS WHEREOF,the saiA5ice-Presi• �: d Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDE 4% •ND DEPOSIT COMPANY OF MARYLAND, this 20th day of
November,A.D. 1998.
ATTEST: FIDELITY AN s n OSIT COMPANY OF MARYLAND
Est d:-. By: acateCeliz------
T. E. Smithit Assistant Secretary W. B. Walbrecher Vice-President
State of Maryland } Ss:
County of Baltimore )
On this 20th day of November, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came W. B. Walbrecher, Vice-President and T. E. Smith, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and
being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
colitikk*
Carol J.
Car . Fa r Notary Public
My Commissi 1 Expires: August 1,2000
L1428-088-0180
•
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the
Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive
Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to
appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may
require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking,
recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees,
mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby
certify that the original Power of Attorney of which the foregoing is a full,true and correct copy, is in full force and effect
on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was
one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as
provided in Article VI,Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution
of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and
held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore
or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said
Company,this
Ori day of 4 1 ( , 1E4.-19
Assistant Secretary
NEBRASKA STATUTORY RIDER
The State of Nebraska Code, Section 44-4040 requires the name of the
soliciting agent and the name and address of the agency to be shown
on each bond issued by a Nebraska Agent or for any bond issued to a
Principal or Insured residing in Nebraska.
This rider is to comply with the statutory requirements of the State
of Nebraska.
Name of Soliciting Agent: David G. Jesse
Name of Insurance Agency represented by the Soliciting Agent:
Harry A. Koch Co.
Address of Agency: 11949 "Q" Street, Omaha, NE 68145-0279
A copy of this rider should be attached to the original and all copies
of. any bond issued.
ACORDTMDATE(MM/DD/YY)
• — : :• • •—• • •:". ."."":•:•:•:•:::::•:•:•:•:•:•:•:"•:•:•:•:::::•:::::•:•:•:•:•:•:•:"•:•:.:•:•:•:•:•: 04/27/99
TM •CERTIFICATE •
'PRODUCER 402 861-7000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
THE HARRY A. KOCH CO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO BOX 45279 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
• OMAHA NE 68145-0279 COMPANIES AFFORDING COVERAGE
COMPANY
A EMPLOYERS MUTUAL COMPANIES
INSURED
COMPANY
Ponfinio General, Inc.
P. O. Box 6770 COMPANY
Omaha NE 68106
COMPANY
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MM/DD/YY) DATE(MM/DD/YY)
A GENERAL UABILITY 1D19205-99 10/09/98 10/09/99 GENERAL AGGREGATE 1000000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1000000
CLAIMS MADE X OCCUR PERSONAL&ADV INJURY 5 500000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 500000
FIRE DAMAGE(Any one fire) S 100000
MED EXP(Any one person) S 5000
A AUTOMOBILE LIABILITY 1N19205-99 10/09/98 10/09/99
COMBINED SINGLE LIMIT $
X ANY AUTO 500000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY: •
EACH ACCIDENT
AGGREGATE S
A EXCESS LIABILITY 1J19205-99 10/09/98 10/09/99 EACH OCCURRENCE 1000000
X UMBRELLA FORM AGGREGATE $ 1000000
OTHER THAN UMBRELLA FORM
A WORKERS COMPENSATION AND 1H19205-99 10/09/98 10/09/99 X rciiRsPirLigi-j-s cYErt
EMPLOYERS'LIABILITY
EL EACH ACCIDENT 5 500000
THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ 500000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 500000
OTHER
k 1
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS • -Aira
r
PROJECT: ROBERTS PARK SITE IMPROVEMENTS
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS
GENERAL LIABILITY COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF OMAHA
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
PARKS & RECREATION 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
1819 FARNAM ST. STE. 701 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF OMAHA NE 68183-0701 ANY. KIND UPON HE COMP ITS AGENTS OR REPRESENTATIVES.
AUTHORIZE EPRESENTATIV
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PH-8B(94) CITY OF OMAHA
REQUEST FOR BID AND BID SHEET
ON ROBERTS PARK IMPROVEMENTS
FROM: P.M.Burke Published: March 4, 1999
• City Purchasing Agent
1003 Omaha-Douglas Civic Center NOT AN ORDER Page 1 of 4 Pages
1819 Farnam Street (Revised March 16,1999)
Omaha,Nebraska 68183-0011
BID BOND OR CERTIFIED CHECK REQUIRED IN THE
TO: AMOUNT OF 5% IF THE TOTAL AMOUNT
FOR THE ITEMS OFFERED IS S20,000 OR MORE
Bid Closing Date:
11:00 A.M. on March 31, 1999
IMPORTANT 4. If Federal Excise Tax applies, show amount of same and deduct Exemption
1.Bid must be in the office of the CITY CLERK,LC-1,OMAHA-DOUGLAS CIVIC certificates will be furnished.Do not include tax in bid.
CENTER,1819 Farnam Street,Omaha,NE 68183-0011 by closing date and time 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES.
indicated,in sealed envelope marked"BID ON: Roberts Park Improvements" 6. When submitting bid on items listed, bidder may on a separate sheet, make
2.As evidence of good faith a bid bond or certified check must be submitted with bid. suggestions covering reduction in costs wherever this is possible through redesign,
FAILURE TO DO SO IS CAUSE FOR REJECTION change of material or utilization of standard items or quantity change.
3. Right is reserved to accept or reject any or all bids in their entirety. Right is also 7.If you do not desire to bid,return sheets with reasons for declining.Failure to do so
reserved to accept or reject any part of your bid unless otherwise indicated by you. will indicate your desire to be removed from our mailing list.If you desire a copy of
tabulation check[ j.Please do not call for this information.
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 Ciaccio Dennell Group, 1014 Douglas On The Mall, Omaha, NE, 68102
for the Roberts Park Improvements and that the bidder has made all the examinations and investigations required by said documents.
BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO I ,THROUGH 7- .
BIDDER ACKNOWLEDGES SUBMISSION OF TWO COPIES OF PRELIMINARY DESIGN N/A-
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 forgoing,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 Roberts Park Improvements located at 78`h and
Western Streets,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:
BASEBID: Five Hundred Thirty Seven Thousand. _& 0/100_.
($ 537 ,000 .00
Note: Refer to pages 3 & 4 for Alternates,Bid Itemizations,Testing Allowance:and Voluntary Substitutions.
All bidders awarded a contract in the amount of S5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human
Relations Department the Annual Contract Compliance Report(Form CC-1). This report shall be in effect for 12 months from the date received by the
Human Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to Contract Compliance Officers Rita
Vlademar at (402) 444-5067 or Tony Acosta:at•(402)..444-5.053;,.however, please refer any questions regarding the REQUEST FOR BID or
SPECIFICATIONS directly to the Purchasing Department(402).444-5400 or as shown on bid. (Please Print Legibly or Type.)
Payment Terms % t.r Firm 17.PrtFJ O
te)
Name �G9gP1-{- ‘ sir-A1--Signature
Title eVI17l✓t'--11-Phone 40Z'31 Z'3;94 Fax
Address 71101 P 1 Fi - '21- #I o 1 (7r>AN N (EIS
Street/P.O.Box City State Zi
PH-8B(94)
CITY OF OMAHA
REQUEST FOR BIDS
ON
ROBERTS PARK 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.
The bidder agrees that construction will be completed as follows: All other work shall be completed within 118
consecutive calendar days from "Notice To Proceed".
v. It is understood that the contract documents shall consist of the advertisement, the requirements for bidding and instruction
to bidders,this proposal, and drawing sheets 0-0, C-1 Through C-13 titled "Roberts Park Improvements" dated March
1, 1999,the specifications 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.
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 order of the City of Omaha, in the sum of:
5 AMOUNT ($ ), which is at least five
percent 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 acid 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.
PH-8B(94)
r ' `: CITY OF OMAHA
SIGN ALL COPIES FirmP0 F'I N I 0
`By
Tide
v �
REQUEST FOR BIDS
• ON
ROBERTS PARK IMPROVEMENTS
NOT AN ORDER
Page 3 of 4 Pages
ALTERNATES
Alternate BID #1: Includes the installation water service complying with MUD requirements, generally consisting of a
meter pit, valves, meter, backflow preventer and enclosure, copper and PVC water lines and quick couplers as more
specifically indicated on the drawings,the following additional lump sum shall apply:
ADD I T OO 7A t D Dollars($ I(i O0D•°ED ).
Alternate BID #2: Includes the construction of public walk within the ROW as indicated on the drawings, the following
additional lump sum shall apply:
ADD -TWO T1-1'001 chip Dollars ($.Z,C7o0 .00 ).
Alternate BID #3: If the City elects to add or subtract construction to the skatepark paving (inclusive of reinforcing,
subdrainage,granular base, etc.), the following unit prices apply:
A.) Poured in Place Concrete:..
ADD/DEDUCT I �T 67400 o0 Dollars/SF $ g•b0 ).
I
B.) Shotcrete: �II - b �U..)
ADD/DEDUCT 6 N Dollars/SF ($ 10.00 )•
C.) Stainless Steal Coping o
ADD/DEDUCT T\Vt NT� A
co Dollars/LF ($ ).
Alternate BID #4: Includes the construction of ornamental steel as indicated on the drawings, the following additional
lump sum shall apply:
ADD FC)012 HL)NpEn Dollars ($ Z.i4fl0 .(X ).
•
SIGN ALL COPIES Firm FI N I d
BY
Title
•
CITY OF OMAHA
. REQUEST FOR BIDS
ON
ROBERTS PARK IMPROVEMENTS
NOT AN ORDER
• Page 4 of 4 Pages
BID ITEMIZATION
In the spaces below, provide unit prices for the following ballfield improvement items (including the supply of materials and
installation as indicated on the drawings and specifications). These itemized costs are for accounting information purposes
only and will not be considered in determining the successful bid. As such, the lump sum bid shall include these ball field
improvement costs.
Backstop and Fencing (One Lump Sum Amount) $ ism.00
Two Foul Poles (One Lump Sum Amount) $
Two.Bleachers (One Lump Sum Amount) $
Two 15' Dugout Benches (One Lump Sum Amount) $ (oOC)ADO
2755 Sf Conc. Paving (One Lump Sum Amount) $ 1E21000.100
One Acre Seeding(One Lump Sum Amount) $ l ,3QO.00
850 Square yards Erosion Matting (One Lump Sum Amount)$ I 1?,00.1C0
TESTING ALLOWANCE
Contractor shall include as part of his base bid an allowance of Seven Thousand Dollars ($7,000.00) for testing services
during the course of the project. Refer to Specification Section 01010, "General Requirements", Part 1.26, "Testing
Services And Allowance"for additional information.
VOLUNTARY SUBSTITUTIONS
The space below allows for proposals for substitute materials of other makes, but of similar design and equivalent quality,
capacity and performance. The name, manufacturer, rntalogue number and cost difference of the proposed substitute items
shall be given. The proposal of the substitute item is for the information of the Owner in the selection of desired materials
from the successful Bidder and will not affect the award of the Contract.
Product Manufacturer Model No. Difference in Cost
ADD/DEDUCT$
•
' ADD/DEDUCT$
ADD/DEDUCT$
SIGN ALL COPIES Firm FI I-+ 0 ( E N L--
By
Title
11)�1—t
• c-ZSA. • (;ITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr May 25 19 99
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,bids were received on March 31, 1999, for furnishing materials, labor
and all else necessary to complete all work in connection with the site improvement at Roberts Park;
and,
WHEREAS, Ponfinio General, Inc. submitted the lowest and best bid, within bid
specifications, for the site improvement work in the total amount of$537,000.00; and,
WHEREAS,Ponfinio General,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 and the approval of
this contract.
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$537,000.00
from Ponfinio General, Inc. for furnishing materials, labor and all else necessary to complete the
Roberts Park site improvement project, being the lowest and best bid received, within the bid
specifications, is hereby accepted and the contract is approved. The Finance Department is
authorized to pay $502,629.00 of the cost from Fund No. 357, 1996 Recreation and Culture Bond
#3, Agency 120 and Organization 1295 and $34,371.00 from Fund No. 152, Hazard Mitigation
Grant, Agency 120, and Organization 8299.
APPROVED AS TO FORM:
ay.a._ - #
ASSIS ' T CITY ATTORNEY DATE
P:\PRPP\7138 MAF
By 1411,4
4,4911#11"L•
Councilmember
Adopted MAY 51999 -D
C y Clerk
6 * •
Approved
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