RES 1998-3568 - Contract with M&M Construction Inc for NP Dodge Park Marina phase II improvement project . , , • � /QS
Parks, Recreation &
- 014AHA•ne Public Property Department
� s ttl_ L1... G,i.S
;; �. ,0.4i; Omaha/Douglas Civic Center
IegrVijej ,r- ,, 1819 Farnam Street,Suite 701
c+® � n � 9 [[ C 1 I ti:110: 16 Omaha,Nebraska 68183-0701
o - -.w. ' (402)444-5900
AOR Q4� 4 .` it ._. r. FAX(402)444-4921
it
'rD FEaR�r 0 4 n James P.Cleary
ti 11�-4!1 f-Y y J.L.4:(l.t 41 1 t t•y
City of Omaha Director
Hal Daub,Mayor December 22, 1998
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 M & M Construction, Inc. in the total amount of $777,664.50 (which includes
accepting Alternate #2, which is a deduct from the base price in the amount of$35,931.00) for
furnishing all labor, materials and equipment necessary to complete the Phase Two improvements
at N.P. Dodge Park Marina.
During a City Council briefing held on June 9, 1998, the new master plan for the N.P. Dodge Park
Marina was presented. As you recall, this plan presented a long-range vision for an upgraded
marina,based upon a boater interest survey and marina user meeting. This resolution initiates Phase
Two of this plan with the construction of a fuel dock including sheet piling walls, concrete flatwork,
railing, signage, electrical and site furnishings; inside boat launch ramp, site furnishings and
landscaping and miscellaneous improvements including an asphalt repair and overlay, new asphalt
and concrete paving and signage.
During the Council briefing,we also discussed that this project will be funded through a bond,which
will be retired by marina revenues. This financing system remains in place and no general fund
revenues will be utilized for the expenditures associated with this resolution.
The following bids were received on December 2, 1998:
VENDOR BID
M & M CONSTRUCTION, INC. $ 813,595.50
ALTERNATE#2 $ 35,931.00
TOTAL $ 777,664.50 (LOWEST BID)
Kiewit-Western $1,266,233.00
Alternate#2 $ 53,700.00
$1,212,533.00
Hawkins Construction $1,344,000.00
Alternate#2 $ 37,500.00
Total $1,306,500.00
Honorable President
and Members of the City Council
Page 2
The Parks,Recreation and Public Property Department recommends the low bid submitted for the
N.P. Dodge Park Marina Phase II improvements from M& M Construction, Inc.
The Finance Department is authorized to pay the cost of the improvement project from the N.P.
Dodge Park Marina Fund No. 501, Agency No. 120, Organization No. 1287, Marina Capital
Account.
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 M & M Construction, 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.
Respectfully submitted, Approved:
'/ 7r q
J es P. Cleary, Director Date eorge vis Jr. Date
arks, Recreation and Human elations Director F . F�
Public Property Department` C
Approved as to Funding: Referred to City Council for Consideration:
24-4:fk, ti /o F
Ili
Louis A. D'Ercole SW. ate Mayor's Office/Title Date
Finance Director
P:\PRPP\8566.SKZ
, ?H-8B(94) CITY OF OMAHA
REQUEST FOR BID AND BID SHEET
ON NP Dodge Park Marina Phase Two Improvements
FROM: P.M. Burke Published: November 4, 1998
City Purchasing Agent
1003 Omaha-Douglas Civic Center NOT AN ORDER Page 1 of 3 Pages
1819 Farnam 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: •
11:00 A.M. on December 2,1998
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 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: NP Dodge Park 6. When submitting bid on items listed, bidder may on a separate sheet, make
Marina Phase Two Improvements" 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[ xi.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 Ciaccio Dennell Group, 1014 Douglas On The Mall, Omaha,NE, 68102 for
the NP Dodge Park Marina Phase Two Improvements and that the bidder has made all the examinations and investigations required by said
documents.
BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO 1 ,THROUGH 1
BIDDER ACKNOWLEDGES SUBMISSION OF TWO COPIES OF PRELIMINARY DESIGN
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 Iabor,all materials and all else whatsoever
necessary to construct and properly finish all the work in connection with NP Dodge Park Marina Phase Two Improvements
located at 11005 John J.Pershing Drive,Omaha,Nebraska 68112 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: EIGHT HUNDRED THIRTEEN THOUSAND FIVE HUNDRED NINETY FIVE & 50/100
($ 813,595.50 )
Note: Refer to page 3 of 3 for Alternates,Testing Allowance and Voluntary Substitutions.
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 % Firm M & M CONSTRUCTION, INC. Incorpora, din NEBRAS /
/Zo . •
Name GREG MOREHEAD Signature �� 4 (SV
TitIePRESIDENT Phone (402)296-2226 / Fax (402)296-9133
Address 1105 RACE STRFFT P. O. ROX 527 PI ATTSMOIITH, NF 6R0115 0527
Street/P.O. Box City State Zip
�. .
PH-8B(94)
CITY OF OMAHA
REQUEST FOR BIDS
ON
NP Dodge Park Marina Phase Two Improvements
NOT AN ORDER
Page 2 of 3 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: Fuel Dock: Sheet pile wall, backfill, rip.rap,
concrete pile cap, railing and dock platform shall be completed by April 5, 1999. Boat Slips: All electrical and
mechanical work associated with the boat docks and all concrete approach ramps, timber pile wall shall be
completed by April 5, 1999. Boat Ramp: Concrete boat ramp and retaining walls, timber pile wall, asphalt
approach drive shall be completed by April 19, 1999. All other work to be completed by May 14, 1999.
•
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, FD-1 through FD-7, IM-1 through IM-8, G-1. E-1, E-2, M-1
and dated November 4, 1998, 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:
FORTY THOUSAND SIX HUNDRED SEVENTY NINE & 78/100 ($40,679.78 ), which is at least five percent
of the aggregate amount of the proposal.
•
It is agreed that, in the event the bidder is awarded a contract based on this proposal, or a part thereof and fails or refuses
to execute a written contract or fails to furnish a performance bond within ten days after the award of said contract, the
sum deposited herewith shall be retained by the City of Omaha as liquidated damages and not as a penalty, as it is
.. expressly agreed that said sum is a fair measure of the damages'which will oe sustained by the City-;of Omaha in case of
•any such failure or refusal on the part of the bidder. The said sum,however,will be returned to the bidder, if and when he
shall faithfully keep and perform all of the conditions set fourth in the advertisement and the requirements for bidding and
instructions to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by
the State of Nebraska,and listed on the current edition of Circular 570 of the United States Dept.of the Treasury. .
NOTICE: Unless the foregoing proposal is free from alterations, additions and deductions and unless the name of
the bidder as signed thereto is complete and correct, in accordance with the instructions to bidders, it may be rejected.as
informal. -
SIGN ALL COPIES Firm M & M ONSTRUCTIO INC.'
GfIEG °REREAD
Title PRESIDENT
PH-3B(94)
CITY OF OMAHA
REQUEST FOR BIDS
ON
N. P. Dodge Park Marina -Phase Two Improvements
NOT AN ORDER
Page 3 of 3 Pages
ALTERNATES
Alternate BID#1: If the Owner elects to add or subtract length of the timber pile wall along the new dock shown on
sheet IM-7
ADD/DEDUCT ONE HUNDRED FIFTY TWO & 74/100 Dollars/LF($ 152.74 )/LF.
Alternate BID#2: n If the Owner elects to delete the pergola struces at the fuel dock area.
-• ADD/DEDUCT THURTY FIVE THOUSAND NINE HUNDRED THIRTIY ONE Dollars ($ 35,931.00 ).
TESTING ALLOWANCE
Contractor shall include as part of his base bid an allowance ofThree Thousand Dollars ($3,000.00) for testing services
during the course of the project. Refer to Specification Section 01010, "General Requirements", Part 1.26, "Testing
Services And Allowance"for additional information.
VOLUNTARY SUBSTITUTIONS
The space below allows for proposals for substitute materials of other makes, but of similar design and equivalent quality,
capacity and performance. The name, manufacturer, catalogue number and cost difference of the proposed substitute
items shall be given. The proposal of the substitute item is for the information of the Owner in the selection of desired
materials from the successful Bidder and will not affect the award of the Contract.
Product Manufacturer Model No. Difference in Cost .
- - ADD/DEDUCT$ _.
. - ADD/DEDUCT$
ADD/DEDUCT$
SIGN ALL COPIES Firm M & M CONSTRUCTION, I
By..
GREG MOREHEAD
Title PRESIDENT
Finance Department
of ova!".kh•„
p
.``, cc Purchasing Division
.•:•;„ctr V�► Omaha/Douglas Civic Center
wr,,sire.."p, 12 t.
e®�r C -^4: .� 1819 Farnam Street,Suite 1003
o•.� -_- ='- Omaha,Nebraska 68183-1003
i b 4;ti (402)444-5400
O FEBRV' Fax(402)444-5423
• City of Omaha P.M.Burke
•Hal Daub,Mayor Purchasing Agent
•November 25, 19
98
•
NOTICE TO BIDDERS:
REQUEST FOR BID ..
ON
- NP DODGE PARK MARINA PHASE TWO IMPROVEMENTS
11005 John J. Pershing Drive, Omaha,Nebraska
Closing Date: December 2, 1998, 11:00 A.M.
ADDENDUM NO. 1:
Modifications to the original specifications and drawings (Project Number 2406A), dated • - -
November 4, 1998 per attached twenty eight (28)pages. -
-- 'ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND ._: : -: - - ..:.: .•-:. -
- . `T IS ADDENDUM COVER SHEET WITH YOUR BID._ -. • --:::._. _::_=: :M - -
P. M.Burke_ - - - - .. ._ .. • .. - _ .-
• City Purchasing Agent _ _ _ _ -. - . _
M & M CONSTRUCTION, INC.
- - _ • Name of Firm • - - - -- :. w`
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'igned By GREG OREHEAD _
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CONTRACT
THIS CONTRACT,made and entered into this 3o/' day of /DPce.„,A A.D., 19
by and between the City of Omaha, a Municipal Corporation in Douglas County,Nebraska,party
of the first part and hereinafter called "OWNER", and M&M Construction,Inc. with principal place
of business at: 1105 Race Street, P.O. Box 527, Plattsmouth, Nebraska 68048-0527, hereinafter
called "CONTRACTOR":
WHEREAS, said Contractor did, under date of December 2, 1998, submit a proposal to
construct as outlined in the proposal to Construct a Fuel Dock Including Sheet Piling Walls, Inside
Boat Launch Ramp and Miscellaneous Phase 2 Improvements for the City of Omaha, for the sum
of$777,664.50- Seven Hundred Seventy-Seven Six Hundred Sixty-Four and 50/100 Dollars(which
includes a deduction from the base bid price for Alternate No. 2 in the amount of$35,931.00), 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 No3,2
adopted /a./o?'/9,Y , 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 orderingor authorizingthe construction of the aforesaid
N.P.Dodge Park Marina Phase 2 Improvements,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 Phase 2 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 N.P. Dodge Park Marina, 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 Phase 2 Improvements in accordance with the aforesaid plans,
specifications and addenda, and agrees to do so for the sum of$777,664.50.
e. Owner agrees to pay Contractor said amount of$777,664.50 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
- 2 -
. i
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.
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.
- 3 -
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
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 the fuel dock work by April 5, 1999; the boat ramp work by April
19, 1999 and all other Phase 2 improvements by May 14, 1999.
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. • . a
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.
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.
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•
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
($75,000) or more, shall be approved by the City Council in advance of the
acceptance of any purchase in excess of such limits or the authorization of any
additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council. The
originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the City
Council. The provisions of this Section will be quoted in all future City contracts.
Nothing in this Section is intended to alter the authority of the Mayor under Section
5.16 of the City charter to approve immediate purchases.
IN WITNESS WHEREOF, we the contracting parties, by our respective d ly authorized
agents,hereto affix our signatur and seals at Omaha,Nebraska,this /Q i day of .ecei5-,
-199r, and thisa0 day of4 i er--,, 1951'respectively.
CITY OF OMAHA, A Municipal Corporation in Douglas County, Nebraska, Party of the
First Part and also designated as Owner.
ATTEST: CITY OF 0, ,AHA, a icipal Corporation
r�� / 4'
de,,v4--A 41.8 0,0, .V.,3e/V
CITY CLERK DATE MAYOR DATE
M&M CONSTRUCTION, INC.
(Seal of the City) BY G eg Morehead/President
AUTHORIZED REPRESENTATIVE
December 10, 1998
DATE
APPROVED AS TO FORM:
li?
A ISTANT CITY ATTORNEY DATE
P:\PRPP\8559.SKZ
.
SECTION IV
• PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That M&M Construction Inc.
Omaha,Nebraska, hereinafter called the Principal, and Old Republic Surety Company
hereinafter called the Surety, are held and firmly
bound unto the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, hereinafter
called the Owner, in the penal sum of Seven hundred seventy seven six hundred sixty four
& 50/100 ($ 777,664.50
), 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 10th day
of December , 19 98 , entered into a Contract with the Owner for the construction by the
Principal, as General Contractor Contractor, of
NP Do ge Perk Marina Phase I re�TAmentslocatedat NP Dodge Marina
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 fmal 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 10th day of December A.D., 19 98 in the presence
of:
M & M Construction, Inc.
Contractor (Firm Name)
By C e9 Morehead
itness Title President
COUNTER SIGNED:
Old Republic Surety Company
Resident Agent Surety
APPROVED AS TO FORM:
12 to IV By
City Attorney Attorney -Fact Joy R. Nickolite_
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iI flirt OLD REPWUC
?f�l' ';,# * Surety cornhas�tr POWER OF ATTORNEY
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KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY.a Wisconsin stock insurance corporation,
does make, constitute and appoint:
JOSE.PH G. WEBER, JEFFREY F.. reiAm, JOY R. illcKeteITE, L..Ete E. K.OI•LMAN, MICHAEL
L . UOWMAtN, PH I L I F F. W i MI:ELHANN, OF C►MANA, NE
is true and lawful Attorney(s)in-Fact,with full ps:.er and authority for and on behalf of the company as surety,to execute and deriver and affix the seal of the
company thereto(if a reel s required).torirs.undertakings,reccgnizances or other written obligations in the natute-thereof,'ether thin bat be r s,bank depo::'tery
Derll.y- r L''.•3dg C '..tirui':';bob:;- tie,tcege ceerer a DVnf e guar:dmees rf it elireeet paper ,.ii; .ole aue ell; bcnc . 3y!If-rr'.',,3rance ,:o're`s cornpei 3at.f'r
ten&guaran;ce"q payment of bee ,.6.arteeo-re::te1rr--t oceirei berets,ei6e., n nngerne ii-ond i,`'.lee"do,:a:zetu r: ri dtaton bonds o- b;,sic lung-bonds),
as helloes:
FiL..L WR I TTEW INSTRUMMMEiNTZ IN AN AMOUNT NOT TO Ei'CEED AN AGGREGATE OF
i ONE flILLION DOLLAR ( >1 ,OOO,COO) ------- • -- -- ---------------- _.... ....-.- FUii ANY SIMOLE
U 'L IGATION, REGARDLESS OF Ti-Ir NUMBER OF INSTRUMENTS ISs tJED FOR 714E Cl.t;.L I(e T I rife.
and to otna OLD PFPUBL iC SURE TY COt.IPANY trtereby, and aft of the acts of said Attorneys-in-Fact, pursuant to these presents, are
refitted and con';rrni:'e. This document is not valid unkrrss printed on colored background and is multi-colored This appointment is made
under and by authority of the board of directors at a special meeting held on February 18, 1982.This Power of Attorney is signed and seated- I
by facsimile under end by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY 'I
COMPANY on February 18, 1982.
RESOLVED that the president. any vice president, or assistant vice president in conjunction with the secretary or any assistant
secretary: may appoint attorneys-in-fact or agents with authority as defined or limited In the instrument evidencing the appointment
in each case, for and on behalf of me company to execute and deliver and affix the seal of the company to bonds undertakings,
recognizances, and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke
any Power of Attorney previously granted to such person.
RESOLVED FURTHER that any bond, undertakings recognizance,or suretyship obligation shall be valid and binding upon the Company
(I) when signed by the president,any vice president or assistant vice president,and attested and sealed(if eseal be required)by any secretary or assistant
secretary:or
(ii) when signed by the president,any vice president or assistant vice president.secretary or assistant secretary.and countersigned and sealed(if a seal
be required)by a they authorized attorney-in-fact or agent;or
(hI) When duly executed and sealed (if a seal be required)by one or more attorneys-in-fact or agents pursuant to and Within-the limits of the authority
evidenced by the Poore-of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond,undertaking.recognizance,or other suretyship obligations of the company:and such
signature and seat when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF,OLD REPUBLIC SURETY COMPANY has caused these presents to besignedby Its proper officer,and its
corporate seal to be affixed this 1.2'.TH day of_FEI;RI.1 -_ -_ 1` rr
_ OLD REPUBLIC SURETY COMPANY
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STATE OF WISCONSIN. COUNTY OF WAUKESHA--SS + .„..ci , ,--3'..fri,. .. I...7— 4. ..'e.•••<° .
On this 1 NTH day of FE—MIJAFY I.`?P' personalty came before me, JAMES E. LEE
and DAVIP G ViVi C EL to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the
above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally dispose and say;
that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,
and that said corporate seat and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
of the board of directors of said corporation. /2it.e E ./ ,(///f
tfii. +j°;l -. .-- �r Pam+c —
ki.,'•ftesic J t'.+2I 1 C f f't31
;,;;x� Myconimission expires: _ ---------
CERTIFICATE
I, the undersioneri. assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation, CERTIFY that the
foregoing and attached Pore'.of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board
of directors set forth rn the rower of Attorney, are now in force.
ur
1')-f '3 -`'`' r Signed and sealed at the City of Brookfield.WI this t __. day of -'e _
Ui`IAl-tie I hi3URANd GE.174V,ICE r INC. _ _ _ _
Y :'r.I�.-773,Xcl,).4i ,F i PLC "i.:y :l^-,+J7I .i: '; All►''f.i.r Ji' c c :^] i-FT i;.. �:.iit:1�iF,;;;Tlf`.Al iCQl Oil D`<:
ORSC 22262 t 1,97) _
DEC-09-1998 12:47 FROM TO 92969133 P.02
TO THE CITY OF OMAHA:
CERTIFICATE
Undersigned hereby certifies that all equipment to be used by undersigned in the performance of the
contract pertaining to the project for:
NP Dodge Park Marina Improvements, Phase II
and pursuant to Contract between undersigned and the City of Omaha has been assessed for taxation
for the current year except as to equipment acquired since the assessment date. Said equipment has c
been asessed in County NBEBRASKA
•
This Certificate is submitted pursuant to the requirements of Section 77-1323, Reissue Revised
Statutes of Nebraska, 1943, as amended. •
M & M Construction, Inc. P. 0. Box 527 Plattsmouth, Ne. 68048
Contractor Nebraska Corporation
•
B • AO / ` - orehead
Partnership Pre:id:e
By:
Atte //I Chris Morehead
• r
Partner i Secretary
Partner Corporate Seal Attached:
Partner
STATE OF NEBRASKA )
) SS.
COUNTY OF DOUGLAS)
Greg Morehead and Chris Morehead
being first duly sworn on oath,depose and say that they are President and Secretary, respectively,
of M & M Construction, Inc. , a Corporation;
that they have read the foregoing Certificate, know its contents, and the same are true.
SUEiSCRIBEID and sworn to before me this 10th day of December
A.D,, 19 98
N ry Public fI' GENERAL NOTARY State of Nebraska
CARL P.OFE
My Commission Expires _ .co� Exp -7 ,
•
9/80
TOTAL P.02
• •
•
•
•
ACORD CERTIFICATE OF LIABILITY INSURANCE�SR DATE(MM/DD/YY)
M&MC0-2` • 12/09/98
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Omaha Insurance Services Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P.O. Box 45489 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Omaha NE 68145-0489 COMPANIES AFFORDING COVERAGE
Phil Winkelmann COMPANY
Phone No. 402-592-4455 Fax No. A General Casualty Co.
INSURED COMPANY
B
M&M Construction Inc COMPANY
1105 Race Street C
P.O. Box 527 COMPANY
Plattsmouth NE 68048 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/DD/YY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE S 2,000,000
A X COMMERCIAL GENERAL LIABILITY CCI262713 04/23/98 04/23/99 PRODUCTS-COMP/OPAGG S2,000,000
CLAIMS MADE OCCUR PERSONAL&ADV INJURY S 1,0 0 0,0 0 0
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE S 1,0 0 0,000
FIRE DAMAGE(Any one fire) S 50,000
MED EXP(Any one person) S 5,000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT S 1,000,000
A X ANY AUTO CBA0262713 04/23/98 04/23/99
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE S
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE S
EXCESS LIABILITY EACH OCCURRENCE s4,000,000
A X UMBRELLA FORM CCI0262713 04/23/98 04/23/99 AGGREGATE S
OTHER THAN UMBRELLA FORM S
WORKERS COMPENSATION AND I TORY LIMITS I OER - • . •
EMPLOYERS LIABILITY
EL EACH ACCIDENT S ?00,000
A THE PROPRIETOR/ INCL CWCO262713 04/23/98 04/23/99 EL DISEASE-POLICY LIMIT S 500,000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE S100,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
Additional insured is listed below
CERTIFICATE HOLDER CANCELLATION • I
CI TYO 0 6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR 0 MAIL
City of Omaha 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED -,-
Deana Jensen BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATI LIAB ITY�
1819 Farnam, Ste #701
Omaha NE 68183 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTA VE
AUTHORIZED REPRESENTATIVE
Phil Winkelman
ACORD:25 S(1Y95) A ORD:CORPORATIONi1'988
c-Zsa CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr December 22 19 98
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,bids were received on December 2, 1998,for furnishing materials,labor
and all else necessary to complete all work in connection with the Phase II improvements at N.P.
Dodge Park Marina; and,
WHEREAS,M&M Construction,Inc. submitted the lowest and best bid, within bid
specifications,for the work in connection with the improvements in the total amount of$777,664.50
(which includes the acceptance of Alternate #2, a deduct from the base price in the amount of
$35,931.00); and,
WHEREAS, M & M Construction, 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$777,664.50
from M&M Construction,Inc. for furnishing materials,labor and all else necessary to complete the
N.P. Dodge Park Marina Phase II 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 the cost of the park project from the N.P. Dodge Park Marina Fund
No. 501, Agency No. 120, Organization No. 1287.
APPROVED AS TO FO. .
cadt12110
ASSISTANT CITY ATTORNEY DATE
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Adopted DEC 21998
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