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
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w FEE,' 1 Omaha,Nebraska 68183-0701
(402)444-5900
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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�''
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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.
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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
- 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.
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•
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:
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ASS 5 T CITY ATTORNEY DATE
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By..
Councilmember
Adopted FEB — 9 199' o- Er
or
Approved
Mayor
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