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RES 1999-0329 - Contract with American Asphalt Inc for improvements at Tranquility Park tennis complex - e1302"? ' °Mr.He,NF Parks, Recreation & �,°�`, �,s� fl E c r�1�`�r 9 Public Property Department u ' Omaha/Douglas Civic Center �® F1 � N � a�.i p ��, 1819 Famam Street,Suite 701 w FEE,' 1 Omaha,Nebraska 68183-0701 (402)444-5900 A°'P�r � . ri�ro C;' ` t.,r .1. i:% FAX(402)444-4921 � y , FD FEgR r s Cy City of Omaha February 9, 1999 James P.Direccttor Hal Daub,Mayor Honorable President . and Members of the City Council, Transmitted herewith is a RESOLUTION authorizing the acceptance of the bid and approval of the contract from American Asphalt,Inc. in the total amount of$646,750.00 (which includes Alternate #1, 2 and 3) for furnishing all labor,materials and equipment necessary to complete the Tranquility .Park Tennis Complex-Phase 2. The following bids were received on November 25, 1998: VENDOR BID AMERICAN ASPHALT, INC. BASE BID $500,000.00 ALTERNATE#1 $125,000.00 ALTERNATE#2 $ 7,750.00 ALTERNATE#3 $ 14,000.00 (LOW BID) TOTAL $646,750.00 Pospichal Base Bid $614,900.00 Alternate#1 $ 94,400.00 Alternate#2 $ 10,900.00 Alternate#3 $ 14,100.00 Total $734,300.00 Divercon Base Bid $657,100.00 Alternate#1 $ 84,200.00 Alternate#2 $ 10,300.00 Alternate#3 $ 13,900.00 Total $765,500.00 Meco-Henne Base Bid $685,000.00 Alternate#1 $102,000.00 Alternate #2 $ 10,500.00 Alternate #3 $ 14,000.00 Total $811,500.00 t, • Honorable President and Members of the City council Page 2 The Parks, Recreation and Public Property Department recommends the low bid submitted for Tranquility Park Tennis Complex-Phase 2 from American Asphalt, Inc. The Finance Department is authorized to pay the cost of the improvement project from 1996 Recreation and Culture Bond#3 Fund No. 357, Agency No. 120, Organization No. 1295. 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. The Parks, Recreation and Public Property Department recommends the acceptance of the bid and approval of the contract from American Asphalt,Inc.,being the lowest and best bid received,within the bid specifications, attached hereto and made a part hereof and requests your consideration and approval of this Resolution. Re lly submitted, Approved: /2/ g 7, ,, ! /W17 ames P. Cleary, Director Date Georg 1. avis Jr. Date Parks, Recreation and HumaWRelations Director Public Property Departm nt Approved as to Funding: Referred to City Council for Consideration: • /kik? 2/07 ouis A. D' cole ,p _ Date Mayor's Office/ it e Date inance Director D�'' P:\PRPP\6663.MAF 3inKe' I- U Z r, a .. E-- W U Z W CI_ W _ . Z a 4 k 4, tf\. ' I- 4 ._.. . D a. ,.. 'ST 1 '441 1 -;4-:\ _ ..._ . rfN - 1- f , .. .- .,. .. \ 1 ,,,:ib,- A . A (i 81 . 'N I NIP ZU O 0`a �� D 1.15 Q 0 0 0 04 Q a a Eam m m cn .faCOas cn (n cn co 2 x a ' o c 0 .> N E U U 0 a \ _ N M z co W cn � O Q W a� fl a; a? d 4'- 2 f- cu cu cu cu m= x a °5 Q a Uv LL W `O a a a a N O L N 411LIPP\ 3 = Z o COZ O N R N (u Q Ilia: > a Y = 1— F— o z O n 0 PH-8B(94) CITY OF OMAHA • REQUEST FOR BID AND BID SHEET • ON Tranquility Park Tennis Complex-Phase 2 FROM: P.M. Burke Published: October 30, 1998 City Purchasing Agent 1003 Omaha-Douglas Civic Center NOT AN ORDER Page 1 of 4 Pages 1819 Famam Street Omaha,Nebraska 68183-0011 BID BOND OR CERTIFIED CHECK REQUIRED IN THE TO: AMOUNT OF 5% IF THE TOTAL AMOUNT FOR THE ITEMS OFFERED IS $20,000 OR MORE • Bid Closing Date: November 25, 1998 11:00 A.M. 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-I, OMAHA-DOUGLAS certificates will be furnished.Do not include tax in bid. CIVIC CENTER, 1819 Famam Street,Omaha,NE 68183-0011 by closing date 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. and time indicated, in sealed envelope marked BID ON: Tranquility Park 6. When submitting bid on items listed, bidder may on a separate sheet, make Tennis Complex-Phase 2. suggestions covering reduction in costs wherever this is possible through 2.As evidence of good faith a bid bond or certified check must be submitted with redesign,change of material or utilization of standard items or quantity change. bid.FAILURE TO DO SO IS CAUSE FOR REJECTION 7.If you do not desire to bid,return sheets with reasons for declining.Failure to do 3.Right is reserved to accept or reject any or all bids in their entirety.Right is also so will indicate your desire to be removed from our mailing list.If you desire a reserved to accept or reject any part of your bid unless otherwise indicated by copy of tabulation check[ ].Please do not call for this information. you. Quote your lowest price, best delivery and terms,F.O.B. delivery point on the terms(s)listed below: This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to bidders and (c) the specifications and drawings prepared by the City of Omaha Parks, Recreation and Public Property Department for the Tranquility Park Tennis Complex- Phase 2 and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO ,THROUGH I It is understood(a)that as to the contract which may be awarded upon this proposal,the Contract period will be the term beginning with the notice to proceed and ending with the acceptance of the work,the number of consecutive calendar days hereinafter agreed on;and(b)that it is the intention of the Park Planning Division that a contract shall be awarded to the bidder regarded by the City of Omaha as having submitted the lowest and best bid, having regard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park Planning Division best to meet the requirements of the Park Planning Division; material purchased for this project will be State of Nebraska and City sales tax exempt. On the 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 Tranquility Park Tennis Complex- Phase 2,Tranquility Park, 125th Street and West Maple Road,Omaha,Nebraska in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks,Recreation and Public Property Department for the lump sum of:. BASE BID: • - � 1 cra o .4=3.="* Sao aaa.frb Note: Refer to page 3 of 4 and 4 of 4 for Unit Prices,Alternates and Testing Allowance. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the 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) 444-5053; 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 PO % -3e 'bokIS Firm A.vA-ffzl«,-. / t�Ndt Yt Nc • Incorporated in NC-IC --A-Se-A• (State) Name ���-�-45 • --�`�CIL--Signatur�a.,Q� Title S• Phone 31 3 Fax Fax 3 3 3 -S `E Address 46115 S . t 32.t /}= Street/P.O.Box City State Zip PH-8B(94) CITY OF OMAHA REQUEST FOR BIDS ON Tranquility Park Tennis Ci nplex - Phase 2 NOT AN ORDER Page 2 of 4 Pages The bidder hereby states that the above total cost to the City of Ginaha 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 in Zo calendar days after award of contract by the City Council.,-t i5E STart.—Gn ��rezy l I c 9 It is understood that the contract documents shall consist of the advertisement, the requirements for bidding and instruction to bidders, this proposal, and drawings: s Cover Sheet and Drawings L-1 through L17, titled "Tranquility Park Tennis Complex - Phase 2", dated, October 30, 1998, the "Specifications and Technical Documents", dated October 30, 1998 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: g. 6 ($ ), 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 bpnd shall be licensed by the State of Nebraska, and listed on the current edition of Circular 570 of the United States Dept. of the Treasury. NOTICE: Unless the foregoing proposal is free from alterations, additions and deductions and unless the name of the bidder as signed thereto is complete and correct, in accordance with the instructions to bidders, it may be rejected as informal. SIGN ALL COPIES Firm Ae---Eta tc- -- �S p►.{f�Lr �� sCr. By • Title P't- S . ' PH-8B(94) CITY OF OMAHA REQUEST FOR BIDS • ON Tranquility Park Tennis Complex -Phase 2 NOT AN ORDER Page 3 of 0 Pages PRICES PI2 S C.Y. = Cubic Yard S.F. = Square Foot S.Y. = Square Yard V.F. = Vertical Foot L.F. = Linear Foot EA. = Each The undersigned further proposes and agrees that if the amount of the work required be increased or decreased, by a request of the Owner, the following supplemental Unit Prices will be the basic price in place for computing extra cost or credit. Each Unit Price shall include all equipment, tools, labor, permits, fee, etc. incidental to the completion of the work involved based on the construction detail(s) on the Contract Drawings and all materials listed in the noted Specification Section. Unit prices will be decreased ten percent(10%) if change requested is a reduction of work. UNIT PRICE DESCRIPTION 1. Asphaltic Concrete Road Pav't(5"Thick)- Section 02513 $ "A ,—i /SY 2. Asphaltic Concrete Road Pav't(7" Thick)- Section 02513 $ t2.2-t /SY 3. Concrete Walk Pavement(4"Thick)- Section 02527 $ -z . c70 /SF 4. Asphaltic Concrete Tennis Court Pavement- Section 02517 $ $ to /SY 5. Tennis Court Coloring Coating- Section 02518 $ . 25" /SF 6. 4"PPT- Section 02720 ,(Da /LF 7. 12"RCP - Section 02720 $ 1ci % /LF 8. 15"RCP - Section 02720 $ -z-`L 7 - /LF 9. 18"RCP - Section 02720 $ 31 .—o /LF 10. 24"RCP- Section 02720 $ 1.17. ° /LF 11. Lawn Drain - Section 02720 $ -112trezveem`•dSas1EA 12. 6' High Vinyl Coated Chain Link Fence- Section 02564 $ I o,t 3 /LF 13. 10' High Tennis Court Vinyl Coated Chain Link Fence- Section 02564 $ 74.z3 /LF 14. 42 Inch' Tennis Court Vinyl Coated Chain Link Fence- Section 02564 $ r .Tet /LF 15. Seeding- Section 02936 $ . t Z /SF 16. Erosion Control Blanket- Section 02936 $ . /SF SIGN ALL COPIES Firm A+^^.e-rz.. -.' Aoc.PJ4 4—T �r—c BY �e Title P S PH-8B(94) CITY OF OMAHA REQUEST FOR BIDS ON Tranquility Park Tennis Complex -Phase 2 NOT AN ORDER Page 4 of 4 Pages ALTERNATES Add Alternate #1 - Construct two tennis courts with color coating, fencing net posts, nets, center net anchor, shade structue with attached wood bench, drainage, seeding and othe related site improvements as det iled and shown on the drawings for the lump sum of: or-re ca��++�K� - .�,n.� fr. ;No.1 SA,..,� �7 t-' u ($ t ZSt o-o-o, 0-0 ). • Add Alternate #2 - Resurface the existing six outdoor tennis courts, labeled "Existing Tennis Courts #1-3 and #4-6 on the site. Work shall include cleaning surface, filling all craks with an approved crack filler, applying two coats of each color(red and green, medium speed play)and insatlling white lines for the lump sum of: SCE - ;k6,)s +..M st- rY '�-+�.���5 CL- ($ Z 7 SU . ). Add Alternate #3 - Resurface the eight indoor tennis coutrs at the Hanscom/Brandeis Indoor Tennis Center, 3220 Ed Creighton Avenue, Hanscom Park, Omaha, Nebraska. Work shall include cleaning surface and appying two coasts of green and red color coating Section 02518)and re aintin all white 1. for a lup sum of: FC-i-a-TGEr✓ -fl- JS�•�? + ^Q r ($ 1Ir o o-o , cep ). TESTING ALLOWANCE Contractor shall include as part of his base bid an allowance of seven hundred fifty dollars•($750.00) 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. SIGN ALL COPIES Firm • o 0.cr. mac, By Title . , CONTRACT THIS CONTRACT,made and entered into this / day of ,Qr A.D., 19 by and between the City of Omaha, a Municipal Corporation in Douglas County, ebraska, party of the first part and hereinafter called "OWNER", and American Asphalt, Inc. with principal place of business at: 4638 South 132nd Street, Omaha, Nebraska 68137, hereinafter called "CONTRACTOR": WHEREAS, said Contractor did, under date of November 25, 1998, submit a proposal to construct as outlined in the proposal to construct Tranquility Park Tennis Complex-Phase 2 for the City of Omaha, for the sum of$646,750.00- Six Hundred Forty Six Thousand Seven Hundred Fifty and No/100 Dollars (including the addition of Alternates 1, 2 and 3), 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. 32 9', adopted We, , 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 construction of Tranquility Park Tennis Complex - Phase 2, 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 construction of tennis complex, 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 Tranquility Tennis Complex, 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 construction of tennis complex in accordance with the aforesaid plans, specifications and addenda, and agrees to do so for the sum of$646,750.00. e. Owner agrees to pay Contractor said amount of$646,750.00 in accordance with the provisions of the aforesaid specifications, addenda and proposal of the Contractor accepted by Owner. f. All provisions of aforesaid plans, specifications and addenda shall be strictly complied with and conformed to by Contractor,the same as if re-written herein, and no substitution or change in said plans, specifications and addenda shall be made except upon written consent or written direction(the form of either of which shall be a written "Change Order") of Owner and Owner's Architect,Dennis Bryers, 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 - 3 - 46. 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. 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 by August 28, 1999. 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,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 ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any - 5 - • additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City charter to approve immediate purchases. IN WITNESS WHEREOF, we the contracting parties, by our respective d authorized agents,hereto affix ur_signatures �l and seals at Omaha, ebraska,this/ 5//< day o , 19 7and this / / day of t--P. te, , 19�_, respectively. CITY OF OMAHA, A Municipal Corporation in Douglas County,Nebraska, Party of the First Part and also designated as Owner. ATTEST: CITY OF OMAHA, a Municipal Corporation C TY CLERK AT • AMERICAN ASPHALT, INC (Seal of the City) BY AUTHORIZ REPRESENTATIVE DATE APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY DATE P:\PRPP\8616.SKZ - 6 - Bond No. 158909086 SECTION IV PERFORMANCE,PAYMENT AND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That American Asphalt, Inc. Omaha,Nebraska, hereinafter called the Principal, and American Casualty Company of Reading, PA hereinafter called the Surety, are held and firmly bound unto the City of Omaha, a Municipal Corporation in Douglas County,Nebraska,hereinafter called the Owner,in the penal sum of Six Hundred Forty-six Thousand Seven Hundred Fifty and 00/100 ($ 646,750.00 ), 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 day of , 19 ,entered into a Contract with the Owner for the construction by the Principal, as Prime Contractor, of Tennis Complex - Phase 2 located at Tranquility Park 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 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: 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 20th day of January A.D., 19 99 in the presence of: American Asphalt, Inc. Co ctor(Firm N e 10 By Witness Title COUNTER SIGNED: CIE . American Casualty Company of Reading, PA Resident Agent Surety APPROVED AS TO FORM: By I WI(/11 A . 016r C City Attorney Attorney-In-Fact P:\PRPP\STORED\0010.FMT IV-2 ,,, 4 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: 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. "Article IX—Execution of Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,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 Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors, may,at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: 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. "Article VI—Execution of Obligations and Appointment of Attorney-in-Fact Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,s',bject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and exeuu,ion of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the_Corporation." • DATE(MM/DDNY) AC6RD iiliCERTIFICATEOVLIABILLTY IN UR IV+C p>STERA3P 01/20/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ' Constructors Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11636 West Center Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Omaha NE 68144 COMPANIES AFFORDING COVERAGE Constructors Insurance COMPANY PnoneNo. 402-333-3232 FaxNo. 402-333-8889 A Transportation Insurance Co INSURED COMPANY B Transcontinental Insurance Co COMPANY American Asphalt C 4638 S 132nd Street COMPANY Omaha NE 68137 D 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/DDNY) DATE IMM/DDNY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY C144134014 02/13/98 02/13/99 PRODUCTS-COMP/OPAGG $2,000,000 Ug CLAIMS MADE X OCCUR Per project aggregate PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ 50,000 MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO C144134028 02/13/98 02/13/99 ALL OWNED AUTOS - BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $2,000,000 A X UMBRELLA FORM C144134045 02/13/98 02/13/99 AGGREGATE $2,000,000 OTHER THAN UMBRELLA FORMW S TH- WORKERS COMPENSATION AND TORY LIMISTATTS OER EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 500,000 B THE NERS/ XECU INCL WCC144134031 02/13/98 02/13/99 ELDISEASE-POLICYLIMIT $ 500,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $5 0 0,0 0 0 OTHER A Inland Marine C144134014 02/13/98 02/13/99 leased 100,000 yyy [(� p C equipment $1,000 ded APPROVED DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS ROVED AS 1 O FORM: Project: Tranquility Park Tennis Complex-Phase II The Certificate holder is listed as an additional insured for the above C *�/�__. project. ASSISTANT CERTIFICATE HOLDER CANCELLATION CITY ATTORNEY CITYOMA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Omaha 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Park, Recreation & Public BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Property Department 1819 Farnam S t. , Ste. 701 OF ANY KIND UP N TyE COMPANY ,AGENTS OR REPRESE�LTA.R/ES. Omaha NE 68183-0701 AUTHORIZED REPRE YATIVE f\�/J` Construct rs nsurance • ACORD>25 S(71951 N 19:8:6 V i 1 C-25A CITY OF OMAHA • LEGISLATIVE CHAMBER Omaha,Nebr 19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on November 25, 1998, for furnishing materials, labor and all else necessary to complete all work in connection with the Phase 2 improvements at Tranquility Park Tennis Complex; and, WHEREAS, American Asphalt, Inc. submitted the lowest and best bid, within bid specifications,for the work in connection with the improvements in the total amount of$646,750.00; and, WHEREAS, American Asphalt, 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$646,750.00 (including the addition of Alternate#1, Alternate#2 and Alternate#3) from American Asphalt, Inc. for furnishing materials, labor and all else necessary to complete Phase 2 improvements at Tranquility Park Tennis Complex, 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 the cost of the park project from the 1996 Recreation and Culture Bond#3, Fund 357, Agency No. 120, and Organization No. 1295. APPROVED AS TO FORM: P:\PRPP\6664.MAF a/// ASS 5 T CITY ATTORNEY DATE f/i-foutiii1V4191'144.- By.. Councilmember Adopted FEB — 9 199' o- Er or Approved Mayor r i `� . grci q - P N N ° ,d r1 2 ' ¢ to CDC a W O.5 . .1-, CDQA.. CD CD D •• ,- P . • b CAD n N Z n ¢,7:1 �' o' N o31D Q �O n Ncl,61' ot I i ,-,,'1) ; ; '.h O W C O CD - C o-D • 9 '5T CD o C ° c<D .• a' JIIH