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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. - 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 1980, and shall permit reasonable access to his records. Records accessible to the - 3 - 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 ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City - 5 - Council. The provisions of this Section will be quoted in all future City contracts. • Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City charter to approve immediate purchases. IN WITNESS WHEREOF, we the contracting parties, by our res ective duly authorized agents,hereto affix •our signatures and seals at Omaha,Nebraska,th•Pi day of 4ate.., 19 ' and thi�� z� day of , 19fff respectively. CITY OF OMAHA, A Municipal Corporation in Douglas County,Nebraska, Party of the First Part and also designated as Owner. ATTEST: CITY OF OM A A, a Municipal Corporation 4I ( CITY CLERK DA E " MAYO' rA E • PONFINIO GENERAL, INC. (Seal of the City) BY T ZE PRESENTATIVE s h Smej al April 26 , 1999 DATE APPROVED AS TO FORM: •' • �w ,y�'�'fy ASSIS T CITY ATTORNEY DATE P:\PRPP\7147.MAF - 6 - Bond No. 08135372 SECTION IV PERFORMANCE, PAYMENT AND MAINTENANCE BOND • KNOW ALL MEN BY THESE PRESENTS: That Ponfinio General Incorporated Omaha,Nebraska, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland hereinafter called the Surety, are held and firmly bound unto the City of Omaha, a Municipal Corporation in Douglas County,Nebraska,hereinafter called the Owner, in the penal Sum Of Five hundred thirty seven thousand dollars ($ 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 H W U Z D• h- W Z a H W U Z a • H W U z D a. I-- W U Z , a • \---- ;' Z _ ---„,,,, c. <:,,\ 4-4\ Z1 �` Q1- liS = ' \ .\ .6,,t‘fl •.,(..\\`, k,(\6 . 3 ". .8 aw Fa a aQ aQ co L.L. J a c-,..._ - p o 2 ¢ ¢ 0 0 0 � ---� W CD D D D ' D a oJ O_ Q Qa Q _ \ CJ z _1 0) O O o �`-v N W s v O Q ¢ a)i c) a a a c!) c6 'y m < Y Q Q Q Ta • .c O) W a� t a 4 a) cB t6 > cu > a _ 2 U a 6 E Q O ¢ a fX E > > `m v a) E O Z CL' Z o iB23 Y 0 E O OL co 0 U E • w 2 w ,Z O `�- _ n m cmCI O .N E 0 0 a- N co U a) m ¢ ¢ # m 1 .: 72 cu m m m U j Ni m V a n- �,715 a� �) c a� Q. H t c c o L cu oo a`) :� CL U) U) m X <I < < 0] C Q CO 'Ern ^., . A m ve E . 03 ca L a � fl. n H 8 g 8 a 0 W - U Z E a. W a_ ,_- W — U . Z D a_ W — U Z E- D a. H W — U Z E D a_ F_- W , 1 z a. 1 \\ / H W U l i 1i I- LI13. O p E • — = m RS 0 0 R < I— g U Cr)ma a_ CU 0 CU a s O o 0 o 0 Z V N Z Z Z O (/) o a) 13 ai I.F. C W 0 0 0 o 'R 0 d 0 2 cts U i W • O W as U U U a ZCa c = 7izi = t! O 00 O 2 2 2 V` f;_ m a_ o_ 0 J cn, . t M 0rnEC M —r*- N N C • Q ELY 0 2 0 d 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 CD A OqN v 0 DCD 0 r O qd 0A O vb N, ' C .-Sl 0 , n 00N (' ~ , aROJ • cn .. ba0p g .• al., O p po CD iv, � a Nam' two 0 0 O O n a it � � 61 L,� a � � , , g 4 C 0 �D " U10- " O Co p v\ > c) 0\ 'c::N 5* P.) '-c. t. n {:/)`-‹ No o • O - -, 0 V' CD po Qoa0a• N . ° ( a c au • • • .q.,40,....zkoc CX;tsits:: 642.-k.,...._ 1 • .1-V4itt.g... ..c_1:\ t".4, .. • • ... • k. !I 1 i