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RES 1998-2369 - Contract with Dostal-Voss Construction Inc for site improvements in Walnut Grove Park East Parks, Recreation & ,,,_ r''- R E C E I V E D Public Property Department e'c�r,.!.,c, Omaha/Douglas Civic Center z gi'iC1%1S5819 Farnam Street,Suite 701 ® ,;,!Y �! ? 28AUGU G 1 3 . ! 8: i Omaha,Nebraska 68183-0701 s, ti (402)444-5900 o4TFD FEBRV*�� C ri G-_.. :`. FAX(402)444-4921 0 i=U 1 is f.. a-^.r1=;/, i;; James P.Cleary City of Omaha Hal Daub,Mayor August 25, 1998 Director Honorable President I and Members of the City Council, Transmitted herewith is a Resolution authorizing the acceptance of the bid and approval of the contract from Dostal-Voss Construction, Inc. in the total amount of$11.4,173.00 for furnishing all labor, materials and equipment necessary to complete the construction of a new playground, construction of a picnic shelter and related site improvements in Walnut Grove Park East for the Parks, Recreation and Public Property Department. The following bids were received on July 1, 1998: VENDOR BID DOSTAL VOSS CONSTRUCTION, INC. BASE BID $ 83,710.00 ALTERNATE#1 $ 16,042.00 ALTERNATE#2 $ 14,421.00 TOTAL $114,173.00 (LOW BID) Design Builders Base Bid $ 90,897.00 .1 Alternate #1 $ 13,852.00. Alternate#2 $ 16,814.00 Total $121,563.00 Ponfinio-General Base Bid $101,200.00 Alternate #1 $ 20,600.00 Alternate #2 $ 18,400.00 Total $140,200.00 LawnSmith& Co., Inc. Base Bid $129,750.00 Alternate#1 $ 23,130.00 Alternate#2 $ 19,250.00 Total $172,130.00 1 . Honorable President and Members of the City Council Page 2 The Parks,Recreation and Public Property Department recommends the low bid•submitted for the playground project from Dostal-Voss Construction, Inc. The Finance Department is authorized to pay $104,240.00 of the playground construction project cost from 1996 Recreation and Culture Bond Fund No. 340, Agency No. 120, Organization No. 1295, and Activity No. 3169. The remainder of the cost, in the amount of $9,933.00 will be provided by the Walnut Grove Park Neighborhood Association. 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 Dostal-Voss 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, Referred to City Council for Consideration: �( �l / 0 °�l/f, l J es P. Cleary, Direc Date Mayor's Office/Title Date arks, Recreation and Public Property Department Approved: Approved as to Funding: /'M " - g/i eorgee i , r. Date Louis A. D'Ercole, Director Date Human'elations Director Finance Department , P:\PRPP\4027.PJM )`_ qe( • • S IW . U Z 1-- W U z D I, W U Z Z a.. C c it c fe • - ' czd a H CT I= _ (0 © CI czi (.\? 1 \,:,,,, z :._, .... z\ -7.— `Z),,,.. r,rq `- '-: ,\ —4 k 1• lo ' ' . IL b �' 4 Q Too .C.; fl 0 Z E t O N �' c 0 1 ` �N o P. m N 0 Fa t� Z j •• m E C) la E 0 O p = U E c co O .N II N 3- _ O o -d= CI M ' -....,1 .cs CD CD (1) .,-V----A., cu �J = O 0 zE - • a s d m �- - � C r n mQaoo ' � CU ► ,� d \U H 5 a_ o - o a 0 • 3H-8B (94) CITY OF OMAHA REQUEST FOR BID AND BID SHEET ON Walnut Grove Park East Playground FROM: P.M. BURKE Published: June 11, 1998 City Purchasing Agent 1003 Omaha-Douglas Civic Center NOT AN ORDER Page 1 of_ 5 Pages 1819 Farnam Street Omaha,Nebraska 68183-0011 BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5% IF THE TOTAL AMOUNT FOR THE ITEMS OFFERED IS $20,000 OR MORE Bid Closing Date: July 1,1998 11:00 A.M. IMPORTANT 4. If Federal Excise Tax applies, show amount of same and deduct Exemption 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:Walnut Grove 6. When submitting bid on items listed, bidder may on a separate sheet, make Park East Playground. suggestions covering reduction in costs wherever this is possible through 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 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 ;erved to accept or reject any part of your bid unless otherwise indicated by you. copy of tabulation check[ J.Please do not call for this information. Quote your lowest price, best delivery and terms,F.O.B.delivery point on the terms(s) listed below: This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to dders and (c) the specifications and drawings prepared by the The Parks, Recreation & Public Property Dept for the Walnut Grove ark East Playground and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO 1 ,THROUGH 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 - )tice 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 tention of the Park Planning Division that a contract shall be awarded to the bidder regarded by the City of Omaha as having submitted the west and best bid, having regard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park anning Division best to meet the requirements of the Park Planning Division;material purchased for this project will be State of Nebraska and ity 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 the Walnut Grove Subdivision Park Playground at Walnut Grove Subdivision Park, 5001 South 147th Street,Omaha,Nebraska in accordance with the provisions of this proposal and contract documents to the satisfactio of the City o maha Parks, ecreation and Public 1,-Zrty De ent for the lump sum of: BASE BID: / (S 13/ 71 ) • Note: Refer to pages 3 of 5,4 of 5 and 5 of 5 for,Add Alternates No. 1 and No.2,Testing Allowance and Unit Prices 11 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 elations Department the Annual Contract Compliance Report (Form CC-1). This report shall be in effect for 12 months from the date received by the uman Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to Contract Compliance Officers Rita •. lademar at (402) 444-5067 or Tony Acosta at (402) 444-5053; however, please refer any questions regarding the REQUEST FOR BID or • PECIFICATIONS directly to the Purchasing Department(402)444-5400 or as shown on bid (Please Print Legibly or Type) ,G e % Firm 5 O dAJ5 JAL corporated in /�/ ayment Terms a )elivery(or completion) Name 2 5 Signature — calendar days / (following award/ u -33�—`t57 QG�. /vl ` ` f r Title hone- (D2/�^53-2-- 5,37 Fax �Z Address o571 1/,/Lelro5e /-GV �rell cc 6SOZg 0 Street/P.O.Box City State * PH-8B (94) CITY OF OMAHA • REQUEST FOR BIDS ON Walnut Grove Park East Playground NOT AN ORDER Page_2_of J. 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 by: October 15, 1998. It is understood that the contract documents shall consist of the advertisement, the requirements forbidding and instruction to bidders, this proposal, and drawing sheets titled Cover Sheet, 1 Of 1 -Topographic Survey (dated 6-30-97), drawings L-1:through L-8, dated June 3, 1998, the SpecificationsAnd Technical Documents, dated June 3, 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 p ya e to till order of the City of Omaha, in the sum of: ($ ), 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 SIGN ALL COPIES Firm Title PH-8B (94) CITY OF OMAHA REQUEST FOR BIDS - ON Walnut Grove Park East Playground NOT AN ORDER- Page_1_of 5_Pages 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. TESTING ALLOWANCE: Contractor shall include as part of his base bid an allowance of seven hundred fifty dollars ($750.00) for testing services during the course of the project. Refer to Specification Section 01010, "General Requirements", Part 1.26, titled"Testing Services and Allowances" for additional information. ADD ALTERNATE NO.1 - SWINGS: Contractor shall furnish all labor, all materials and all else whatsoever necessary to construct and properly fmish all the work for the swings as noted on the drawings and including, but not limited to single post, steel swing set with four swings, poured in place resilient surfacing on a concrete base, one metal plastisol coated bench, wood fiber surfacing,playground concrete curbing, 4 inch thick concrete w paveme t, PPT underdrain and seeding for the lump sum of: 0$ 16i o a '— SIGN ALL COPIES Firm f)05• By Title PH-8B (94) CITY OF OMAHA REQUEST FOR BIDS ON Walnut Grove Park East Playground NOT AN ORDER Page_4_of 5_Pages ADD ALTERNATE NO.2 - PICNIC SHELTER: Contractor shall furnish all labor, all materials and all else whatsoever necessary to construct and properly finish all the work for the picnic shelter as noted on the drawings and including, but not limited to one, hexagon, steell shelter, concrete footings, 5 inch thick concrete shelter pavement, two, direct burial plastisol coated picnic tables, 4 inch thick concrete walk pavement, PPT underd and seeding for the sum of ,aivC.L �.-- ($ / ) zf / w UNIT PRICES: 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. C.Y. = Cubic Yard S.F. = Square Foot S.Y. = Square Yard V.F. = Vertical Foot L.F. = Linear Foot . EA. = Each SIGN ALL COPIES Firm 5 45 6,4 By Title 0 PH-8B (94) CITY OF OMAHA REQUEST FOR BIDS ON Walnut Grove Park East Playground NOT AN ORDER Page_ of__Pages DESCRIPTION 1. Concrete Walk Pavement(4")- (Section 02527) $ -3-76- /S.F. 2. Concrete Shelter Pavement(5")- (Section 02527) $ 3'75- /S.F. 3. Concrete Playground Curb(Section 02542) $ /5 r oo /L.F. 4. Playground Monolithic Concrete Curbing(Section02542) $ /ri,Oo /L.F. 5. 12" Monolithic Concrete Pav't Edge(Section02542) $ /L.F. 6. 4"PPT(Section 02720) $ 5; or, /L.F. 7. 4" ST(Section 02720) $ /L.F. 8. 8" ST(Section 02720) $ 5• 00 /L.F. 9. 10" ST(Section 02720) $ °O / F• 10. Poured-in-Place Resilient Surfacing with concrete base(Section 02528) $ 00 /S.F. 11. Poured-in-Place Resilient Surfacing with aggregate base(Section 02528) $ ( i1.0 /S.F. 12. Bench (Section 02568) $ 4,1174 `S /EA. 13. Picnic Tables(Section 02569) $ I-11-S-- /EA. 14. Aluminum Edging(Section 02549) $ /K e O /L.F. 15. Siltation Fence $ /= 7S /L.F. 16. Lawn Inlet(Section 02720) $ 6 /EA. 17. Sand Play Surfacing(Section 02590) $ DO /C.Y. 18. Wood Fiber Play Surfacing(Section 02591) $ a6.`l0 /C.Y. 19. Seeding(Section 02936) $ ..6 7S /S.F. SIGN ALL COPIES Firm b°tvveoibi u e 4•'XX, C__ • By Title *GI o`oMnx,..vFe� Parks, Recreation & Public Property Department June 26, 1998 OmahaiDouglas Civic Center 1819 Farnam Street,Suite 701 Omaha,Nebraska 68183-0701. • o: -%` • (402)444-5900 R4TFD FEBF�Ire- - FAX(402)444-4921 City of Omaha -NOTICE TO BIDDERS: James P. Cleary Hal Daub,Mayor Director REQUEST FOR BID ON WALNUT GROVE PARK EAST PLAYGROUND Closing, Date: July 1, 1998, 11:00 A.M. ADDENDUM NO. 1: Modifications to the original specifications and drawings per attached five pages. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDUM COVER SHEET WITH YOUR BID. Dennis E. Bryers, RLA, A A Park and Recreation PI er I, PR&PP - DEB/ somamil Ilk 4-i Viva / )61- -Pt3 • Name of Firm 4A".9-4 Signed By Title • CONTRACT THIS CONTRACT,made and entered into this day of cJ A.D., 19 ic(, by and between the City of Omaha, a Municipal Corporation in Douglas Couy,Nebraska, party of the first part and hereinafter called "OWNER",and Dostal-Voss Construction, Inc. with principal place of business at: 25715 Melrose Avenue, hereinafter called "CONTRACTOR": WHEREAS, said Contractor did,under date of July 1, 1998, submit a proposal to construct as outlined in the proposal to furnish all labor,materials and all else necessary to construct and finish all work at the Walnut Grove Subdivision Park Playground for the City of Omaha, for the sum of $114,173.00 - One Hundred Fourteen Thousand One Hundred Seventy Three and No/100 Dollars (which includes Alternate #1 in the amount of $16,042.00 and Alternate #2 in the amount of $14,421.00),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 No Z69, adopted / j/ , 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 Walnut Grove Subdivision Park Playground,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 playground construction ad completion, 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 Walnut Grove Park Playground, 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 and completion in accordance with the aforesaid plans, specifications and addenda, and agrees to do so for the sum of$114,173.00. e. Owner agrees to pay Contractor said amount of$114,173.00 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 - 2 - . 1 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 all the work by October 15, 1998. 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 -4 - 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. 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 - 5 - l • 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 ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City charter to approve immediate purchases. IN WITNESS WHEREOF, we the contracting parties, by our respective duly authorized agents,hereto affix our signatures seals at Omaha,Nebraska,this 2/.V day of , 194r , and this ? day of , 19 respectively. CITY OF OMAHA, A Municipal Corporation in Douglas County,Nebraska, Party of the First Part and also designated as Owner. ATTEST: CITY OF AHA, a Municipal Corporation IT CLERK DATE M OR DAT DOSTAL-VOSS CONSTRUCTION, INC. Q � (Seal of the City) BY G ,. A a� AUTHORIZED REPRESENTATIVE 7-- - �S DATE APPROVED AS TO FORM: F3-5‘)/ ASS ST NT CITY ATTORNEY DATE P:\PRPP\7910.SKZ - 6 - • SECTION IV PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Dostal-Voss Construction, Inc. 3 Omaha, Nebraska, hereinafter called the Principal, and Union Insurance Company Box 80439, Lincoln, NE 68501 hereinafter called the Surety, are held and firmly bound unto the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, hereinafter called the Owner, in the penal sum of --One Hundred Fourteen Thousand One Hundred Seventy Three and No/100 --- ($ 114,173.00 ), 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 22nd day of July , 19 98 , entered into a Contract with the Owner for the construction by the Principal, as General Contractor, of Walnut Grove Subdivision Park Playground located at , all in Omaha, Douglas County, Nebraska, for the City of Omaha, in accordance with the plans and specifications prepared for Owner, which Contract is made a part hereof by reference' thereto the same as though fully set forth herein: NOW THEREFORE, the conditions of this obligation are such that: FIRST: If the Principal shall faithfully perform the Contract on his part, shall satisfy all claims and demands incurred for the same, shall fully indemnify and save harmless the Owner from all cost and damage which said Owner may suffer by reason of failure so to do, and shall fully reimburse and repay said Owner all outlay and expense which said Owner may incur in making good any such default; and, SECOND: The Principal shall indemnify and save harmless the City of Omaha, its officers, employees, and agents from all claims, suits or actions of every kind and character or on account of any injuries or damages received or sustained by any party or parties by or from the acts of the said Contractor or its servants, agents and subcontractors, in performing under said Contract, or by or in consequence of any negligence in guarding the same or any improper material used in its construction, or by or on account of any act or omission of said Contractor or its servants, agents and subcontractors; and, also from all claims of damage for infringement of any patent in fulfilling said Contract; and THIRD: The Principal and Surety on this bond hereby agree to pay all persons, firms or corporations having Contracts directly with the Principal or with subcontractors all just claims due them for the payment of all laborers and mechanics for labor which shall be performed, for the payment of all materials and equipment furnished, and for the payment and equipment rental which is actually used or rented in the performance of the Contractor on account of which this bond is given, when the same are not satisfied. out of the portion of the Contract price which the Owner may retain until completion of the construction; and, IV-1 FOURTH: The Principal shall guarantee all materials, workmanship, and the successful operation of all equipment and apparatus installed by him for a period of one (1) year from the date of final acceptance of the whole work, and shall guarantee to repair or replace, at his own expense, any part of the structures or apparatus which may show defect during the time, provided that such defect is, in the opinion of the Architect, due to imperfect material or workmanship, and not to careless and improper use: Then this obligation shall be null and void; otherwise, it shall remain in full force and effect. Any Surety on this bond shall be deemed and held, any Contract to the contrary notwithstanding, to consent without notice: 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 22nd day of July A.D., 1998 in the presence of: DOSTAL-VOSS CONSTRUCTION, INC. Contractor (Firm Name) By . - 401101 Witness Title COUNTER SIGNED: UNION INSUNRACE COMPANY ''.I5skiVAgentBetty J. Kreifels Surety APPROVED AS TO FORM: 4/1/ By �q , ' XTY C /ATTO-RNEY Attorhe In Fact Betty J. Kreifels ~: ii* IV-2 -- 9179z NEBRASKA STATUTORY RIDER The State of Nebraska Code, Section 44-4040 requires the name of the soliciting agent and the name and address of the agency to be shown on each bond issued by a Nebraska Agent or for any bond issued to a Principal or Insured residing in Nebraska. This rider is to comply with the statutory requirements of the State of Nebraska. Name of Soliciting Agent Betty J. Kreifels Name of insurance agency represented by the soliciting agent: Gene Lilly Surety Bonds, Inc. Address of the Agency: 3440 "0" Street (Street) Lincoln NE 68510 (City) (State) (Zip) A copy of this rider should be attached to the original and all copies of any bond issued. YCT1nm�r.mnmu.a9rmmmmweramrmnuerrrrtrn»n�Nu�.ermmmri.etr+n meetlrrr,-mu.,;w/rrrzine.:'rn�mFrr rrnmwen:,rrrn wi -.rztw n:.�rMw ;: rr.m, rnmLwmrmmn� /rri;�r,:lnrrnmaam - nr r � ... _.. ' POWER OF ATTORNEY No. 91-567 5 UNION INSURANCE COMPANY Lincoln, Nebraska NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. 1 % KNOW ALL MEN BY THESE PRESENTS:that the UNION INSURANCE COMPANY,a corporation of the State of Nebraska, having its principal offices in the City of Lincoln, Nebraska,does hereby make,constitute and appoint Robert T. Cirone, Betty J. Kreifels, and James M. King of Lincoln, NE `' its true and lawful Attorney-in-Fact,with the power and authority hereby conferred,to sign,execute acknowledge and deliver ? for and on its behalf,as surety any and all bonds,recognizances,stipulations and undertakings,excluding,however,any bonds =) ror undertakings guaranteeing payment of loans, notes or the interest thereon, provided however no single obligation will i exceed Five Hundred Thousand and no/100 ($500,000.00) Dollars I and the execution of such bonds or undertakings,in pursuance of these presents,shall be as binding upon the said corporation, -S as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the said corporation at its office in Lincoln, Nebraska,in their own proper persons. f. The UN ION INSURANCE COMPANY represents that the execution of this Power-of-Attorney and the granting of the power herein to said Attorney-in-Fact are authorized ` y by itsby-laws. 1 This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors 0 of the Company on November 5, 1990: •I "RESOLVED,that the signature of any officer of the company authorized to appoint Attorneys in Fact,as provided 1, k by its By-Laws,certifying to the correctness of any copy of a Power of Attorney and the seal of the company,may be affixed 1 1 by facsimile to any Power of Attorney or copy thereof Issued on behalf of the company. Such signatures and seal are hereby I` adopted by the company as original signatures and seal,to be valid and binding upon the company with the same force and 1 effect as though manually affixed'. In Witness Whereof,UNION INSURANCE COMPANY has caused its corporate seal to be hereunto affixed and these IF, presents to be duly executed by its President this 28th day of January ,19 91 r; ��pua r 01.4ti• : SEAL UNION INSURANCE COMP . By: Donald J.V p,President WARNING: THIS POWER INVAUD F NOT PRINTED ON BLUE BACKGROUND WITH RED AND BLUE BORDER. 4 i STATE OF NEBRASKA ) SS jl ri LANCASTER COUNTY ) On this day,before the undersigned,a Notary Pubic in and for said County and State,personally came the above named officer of the UNION INSURANCE COMPANY,b me personally known b be the individual and officer who executed the preceding instrument,and } he acknowledged the execution of said instrument b be the voluntary act and deed of the UNION INSURANCE COMPANY and his voluntary act and deed as an officer of said corporation,and that the seal of said corporation was affixed to said instrument by the authority and direction `J of the said corporation. Witness my hand and my Notarial Seal at Uncoln,Lancaster County,Nebraska,the day and year last written above. lagiellellt il�Aw It it sows C c C� IT. (��) ANNE t1/fil■IttM.6tpR!!4 Notary Public CERTIFICATE I,the undersigned,Vice President and Secretary of UNION INSURANCE COMPANY do hereby certify that the original Power > of Attorney,of which the foregoing is full,true and correct copy,is in full force and effect. f,' i- In witness whereof,I have hereunto subscribed my name as Vice President and Secretary,and affixed the corporate seal of the corporation this 22nd day of July , 19 98 � _a c� f Form SPA-E t SEA )= Vice President and Sete• :, ,:;:.k,ll 1'))N^'UIllJJ1JA^'.lU✓rllbn,W+/LJJB✓^tNBrytlllUlLl)/D^.lUll4JLV^t4l\LWIJ//VKW1'1liWJ/JIP,Vt1UlJI1"4 U1JJl/)B''U\llUtUJIW!�t�19B�Q4lit1.J)AMUllt1/L/LY'VUiUS/LJJW_tLLIWUUt/JJJl9^NUIUWJJ) IlllW(Ll VIWUJ,9D,U1H"UlU:fll,'/!y" \\':;, .i:_,.L ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) 07/21/1998 PRODUCER (402)434-7200 FAX (402)434-7272 1HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION UNICO Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 4435 0 Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 30275 COMPANIES AFFORDING COVERAGE Lincoln, NE 68510 COMPANY Cincinnati Insurance Co. Attn: Shirley R. Ourada Ext: 234 A INSURED ? COMPANY Cincinnati Casualty Co. Dostal & Voss Construction, Inc. B 25715 Melrose Ave Gretna, NE 68028-7412 COMPANY C COMPANY 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 $ X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2,000,000 A CLAIMS MADE X OCCUR CPP0668539 03/11/1998 03/11/1999 PERSONAL&ADVINJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 • FIRE DAMAGE(Any one fire) $ 100,000 • MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ X ANY AUTO ( 1,000,000 ALL OWNED AUTOS ( BODILY INJURY SCHEDULED AUTOS (Per person) A I !HIRED AUTOS CPP0668539 03/11/1998 03/11/1999 BODILY INJURY $ I NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ itSTO -FOR ;r GARAGE LIABILITY J AUTO ONLY-EA ACCIDENT $ ANY AUTO / , OTHER THAN AUTO ONLY: pob4,i-I N 1 is i i Al T ORNEY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY I EACH OCCURRENCE $ 3,000,000 A X I UMBRELLA FORM CCC4395689 03/11/1998 ' 03/11/1999 AGGREGATE $ 3,000,000 OTHER THAN UMBRELLA FORM 1 $ WORKERS COMPENSATION AND ( X TORY LIMITS ER EMPLOYERS'LIABILITY B WC896099402 03/11/1998 03/11/1999 EL EACH ACCIDENT $ 100,000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE 500,000 OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 100,000 OTHER INSTALLATION FLOATER/ A (BUILDERS RISK CAP7695924 03/11/1998 03/11/1999 $50,000/$250 DEDUCTIBLE • DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS dalnut Grove Park East Playground City of Omaha is included as additional insured regarding the General Liability coverage and above project CERTIFICATE HOLDER CANCELLATION 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, Omaha & Douglas Civic Center BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1819 Fa rnam Street, Suite 701 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Omaha, NE 68183-0701 AUTHORIZED REPRESENTATIV .Joe Blahak �4.4 ACORD 25-S(1/95) ©ACORD CORPORA 11198 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr August 25 19 98 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,bids were received on July 1, 1998, for furnishing materials, labor and all else necessary to complete all work in connection with the construction of a new playground, construction of a picnic shelter ad related site improvements in Walnut Grove Park East; and, WHEREAS,Dostal-Voss Construction,Inc.submitted the lowest and best bid,within bid specifications, for the work in connection with the construction and site improvements in the total amount of$114,173.00; and, WHEREAS, Dostal-Voss 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$114,173.00 (which includes Alternate#1 in the amount of$16,042.00, installation of swings and Alternate#2 in the amount of$14,421.00 to construct a picnic shelter) from Dostal-Voss Construction, Inc. for furnishing materials, labor and all else necessary to complete the construction of a new playground, construction of a picnic shelter and other site improvements in Walnut Grove Park East, being the lowest and best bid received,within the bid specifications, attached hereto and made a part hereof, is hereby accepted and the contract is approved. The Finance Department is authorized to pay $104,240.00 of the cost of the park project from the 1996 Recreation and Culture Bond Fund No. 340, Agency No. 120, Organization No. 1295, and Activity No. 3169. The remainder of the cost, in the amount of$9,933.00,will be provided by the Walnut Grove Park Neighborhood Association. P:\PRPP\4028.PJM APPROVED AS TO FORM: ��,,c� 3 -51 AS,ST(44 , T CITY ATTORNEY DATE By . Coun ember Adopted QUA'5..1998 agr City C rk Approv-• Mayor b aE. E• > > Ed5 g 1T10 ' 3 C ' "tS t, bs ". O' fJ 02 0 (IQ CD CD CO CD Q•• • F'„ . 0 9 g. N rn _ _ o b Aa• • O a p, rF CAD O N 0 CD O cp • r� K p 0. 0 GCS pn oNo O O r h '+ 0 ,� O, O R N O vA'i 0 t'u 01 O ,--• .3 O '-r 1--• ' O T 0 � Ny � 69 'C7 .p W OR " N 1 p O . o It ,co C c � Q o ., � -• CD CDG O H po iH \ 1 CD cl' '0 6 00 a 0 O OAS O0 rt. C�h O O '� a c• CD A., 0 CCDD i0•t O a' CD O O 0 CCD �S' CcD I. O rn-r r r Q,k'•JJn''• a, O' CCDD a0 Q r� Q N A) r0r � C�D ec'eit-? ‘ cyc__ . ,. • . .. ... , _ 1 • _ .t N_ ti