RES 1998-0923 - Contract with Divercon Construction Inc for site improvements at Memorial Park P . ,i(- e4 719a.1,3 lif,, a6d1R.Ar,m,
•
AHD Parks, Recreation &
°e°"` .�'^�Fe•P R.C 1 !`'°� 0 Public Property Department
Omaha/Douglas Civic Center
�18`�"!'! Or 1g
C� ? 1 -• j 9: 5 9 1819 Farnam Street,Suite 701
"'� �E� "� Omaha,Nebraska 68183-0701
7 _r
(402)444-5900
A ro FAX(402)444 4921
R4TFD FEBRVr� L+r":t':1!. 1. �.. '.��7 James P.Cleary
City of Omaha Director
Hal Daub,Mayor
April 14, 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 Divercon Construction, Inc. in the amount of $137,570.00 to provide all labor,
materials and equipment necessary to complete the site improvements as required at Memorial Park,
6005 Underwood Avenue.
The following bids were received on March 18, 1998:
CONTRACTOR BID
•
DIVERCON CONSTRUCTION, INC. $128,930.00
ALTERNATE#1 $ 8,640.00
TOTAL $137,570.00 (BEST BID)
Daedalus $170,350.14
Alternate#.1 $ 12,369.18
Total $182,719.32 '
Lund-Ross • $192,700.00
Alternate#1 $ 7,000.00
Total $199,700.00
Divercon Construction, Inc. has on file a current Annual contract Compliance Report Form (CC-1).
As is City policy, the Human Relations Director will review the contractor to ensure compliance
with the Contract Compliance Ordinance.
Funds of$137,570.00 have been appropriated in the 1992 Recreation and Culture Bond Fund 327,
Agency 120,Organization 1295,and Activity 3117,Memorial Park Rehab. The Finance Department
is authorized to pay the cost of the site improvements from this account.
•
Honorable President
and Members of the City Council April 14, 1998
Page -2-
The Parks, Recreation and Public Property Department recommends the acceptance of the bid and
approval of the contract from Divercon Construction, Inc. in the amount of$137,570.00 to provide
all labor, materials and equipment necessary to complete the site improvements as required at
Memorial Park, 6005 Underwood Avenue.
Respectfully submitted, Referred to City Council for Consideration:
•
J es P. Cleary, Directo Date Mayor's Office/Title Date
arks, Recreation and
Public Property Department
Approved as to Funding: Approved: •
-tAS- 47///5X(/
Louis A. D'Ercole ‘ ) Date George D is, Jr. Date
Finance Director 0 ' Human elation Director
P:\PRPP\5298.MAF
N,
a-
CONTRACT
THIS CONTRACT,made and entered into this 09,0941day of / A/
A.D., 19i,,
by and between the City of Omaha, a Municipal Corporation in Douglas Ounty,Nebraska,party
of the first part and hereinafter called "OWNER", and Divercon Construction, Inc. with principal
place of business at: 10547 Bondesson Circle, Omaha, Nebraska 68122, hereinafter called
"CONTRACTOR":
WHEREAS, said Contractor did, under date of March 18, 1998, submit a proposal to
construct as outlined in the proposal to furnish all labor, materials and equipment to complete the
site improvements at Memorial Park for the City of Omaha, for the sum of$137,570.00 - One
Hundred Thirty Seven Thousand Five Hundred Seventy and No/100 Dollars (which includes
Alternate #1 in the amount of$8,640.00), 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. 9 ,
adopted �///�,l/9g , 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
site improvements at Memorial Park, the notice inviting contractors to bid as
published, the instruction to bidders, the proposal of Contractor, the bid bond of
Contractor, the performance, payment and maintenance bond of Contractor, the
general conditions and all proceedings by the governing body of the Owner relating
to said site 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 Memorial Park, Omaha,Nebraska, in Douglas County, I
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 site improvements in accordance with the aforesaid plans, specifications
and addenda, and agrees to do so for the sum of$137,570.00.
e. Owner agrees to pay Contractor said amount of$137,570.00 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, Kenneth Lathrum &
Associates, 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 - f ,
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 - ,'6
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 within a period of sixty (60)days.
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 - ti
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 -
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
($75,000) or more, shall be approved by the City Council in advance of the
acceptance of any purchase in excess of such limits or the authorization of any
additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council. The
originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the City
Council. The provisions of this Section will be quoted in all future City contracts.
Nothing in this Section is intended to alter the authority of the Mayor under Section
5.16 of the City charter to approve immediate purchases.
IN WITNESS WHEREOF, we the contracting parties, by our respective duly authorized
agents,hereto affix our signatures and eats at Omaha,Nebraska,this 7 S day oft,, ,
19 qj , and this p Ziay of , 19,K respectively.
CITY OF OMAHA, A Municipal Corporation in Douglas County,Nebraska, Party of the
First Part and also designated as Owner.
ATTEST: CITY OMAH Municipal Corporation
Ili 1 _
IT CLERK DAT AYOR DATE
DIVERCON CONSTRUCTION, INC.
(Seal of the City) BY
AUT ORIZED REPRESENTA E
3- 27 -
DATE
APPROVED AS TO FORM:
A`S�SLW ANT CITY ATTORNEY DATE
•
P:\PRPP\3718.PJM
- 6 - N.-4
IS
•
Bond No. 20 0120 17531 98 8
SECTION IV
PERFORMANCE,PAYMENT
AND MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That Divercon Construction, Inc.
Omaha,Nebraska, hereinafter called the Principal, and United States Fidelity & Guaranty Company
hereinafter called the Surety, are held and firmly bound unto the City of Omaha, a Municipal
Corporatipn in Douglass County,Nebraska, hereinafter called the Owner, in the penal sum of one
Hun red Twenty-e g t Thousand Nine 128,930.
Hundred T .irty a 00/100 �$ 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 General
Contractor, of Site Improvemen1ated at Memorial 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
j13,' IV-I v>
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,
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 26th day of March A.D., lg8in the present of:
IV-2
.
•
Divercon Construction, Inc.
Contractor(Firm Name)
i2
By•
Witness Title v
J / s
COUNTER SIGNED:
United States Fidelity & Guaranty Company
sident Agent g Surety
APPROVED AS TO FORM:
B
7yity Attorney o ey-in-Fact
N-3
. .
-r .
1646445
United States Fidelity and Guaranty Company t� .
Power of Attorney / U S F+G
No. 110217
Know all men by these presents:That United States Fidelity and Guaranty Company,a corporation organized and existing under the laws of the State of
Maryland and having its principal office at the City of Baltimore,in the State of Maryland,does hereby constitute and appoint Ronald R. Allison,
Robert J. Burford, Jacqueline L. Drey and Leo D. Allison
of the City of Omaha ,State of Nebraska its true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than •
one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written instruments in the
nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons;guaranteeing the performance of contracts;and executing or guaranteeing
bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof,the said United States Fidelity and Guaranty Company,has caused this instrument to be sealed with its corporate seal,duly attested by
the signatures of its Vice President and Assistant Secretary,this 31 s t day of January ,A.D.1997.
United States Fidelity and Guaranty Company,
®y t !C.�(
• • (Signed) By '�
� , Vice President
Att+- —/ _
(Signed) By 1 /,l�r- L 4,1_,c3„0.....e...kt.),,a,IA,, sistant Secretary
State of Maryland)
SS: 4
Baltimore City 1 ��8,5 {�t1
On this 31 s t day of January ,A.D.19�/,before me personallc ame Gary A.Wilson,Vice President of United States Fidelity and
Guaranty Company,and Thomas E.Huibregtse,Assistant Secretary1--off said Company,with both-6i om I am personally acclaimed,who being by me severally duly sworn,
said,that they,the said Gary A.Wilson and Thomas E.Huibregttfie v re respectively thhe,IVicetr silent and the Assistaam Secretary of the said United States Fidelity and
Guaranty Company,the corporation described in and k itih executed the foregoing-Power of Attomey;that they<ea"c t.k l w the seal of said corporation;that the seal affixed
to said Power of Attorney was such corporate seal,thatvi was so affixed by ord8rofthe Board of Directorstsa tl corporation,and that they signed their names thereto by
like order as Vice President and Assistant Secrets ,r se pectively,of the Compan . V
My Commission expires the 1 S t day of At S't A.D.19 984:1c
H^�b-
-ti&4' i A, , j.).1_,
1,1 PUBLIC'-, u
=t ' t r tary Public
This Power of Attorney is granted under and by au-$i�nty of the following Resolutions adopted by the Board of Directors of the United States Fidelity and
Guaranty Company on September 24,1992:
��V1
Resolved,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to
said business may be signed,executed,and acknowledged by persons or entities appointed as Attomeylsl-in-Fact pursuant to a Power of Attorney issued in accordance with
these resolutions.Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman.
or the President,or an Executive Vice President or a Senior Vice President,or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant
Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the foregoing officers and the
seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing
and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or
certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
Resolved,That Attorneylsl-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Attorney issued to
them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the
nature thereof,and any such instrument executed by such Attomey(s)-in Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and
attested to by the Secretary of the Company.
I,Thomas E.Huibregtse,an Assistant Secretary of the United States Fidelity and Guaranty Company,do hereby certify that the foregoing are true excerpts
from the Resolutions of the said Company as adopted by its Board of Directors on September 24,1992 and that these Resolutions are in full force and effect
I,the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company,do hereby certify that the foregoing Power of Attorney is in full
force and effect and has not been revoked.
In Testimony Wher of,I have er unto set nd and the seal of the United States Fidelity and Guaranty Company,
on this ,Z)44-' day of 1 M_ ,19
b4:3.7.,g iiio,1stant Secretary
FS 3(12/96) t
RIDER
TO BE ATTACHED TO AND FORM PART OF
Performance and Payment Bond NO 20 0120 17531 98 8
(Type of Bond)
IN FAVOR OF The City of Omaha, NE
(Obligee)
ON BEHALF OF Divercon Construction, Inc.
(Principal)
EFFECTIVE March 26, 1998
(Original Effective bate)
IT IS AGREED THAT, In consideration of the original premium charged for this bond, and any
additional premium that may be properly chargeable as a result of this rider,
1. The Surety hereby gives its consent to:
[x] INCREASE [ ] CHANGE THE NAME OF THE PRINCIPAL
H ] DECREASE [ ] CHANGE THE ADDRESS OF THE PRINCIPAL
[ ] CHANGE THE EFFECTIVE DATE [ ] CHANGE THE EXPIRATION DATE
[ ] OTHER
(of)the attached bond FROM: 028,930.00
TO:_ $137,570.00 -
EFFECTTVE__March 26, 1998
2. PROVIDED, however, that the attached bond shall be subject to all its agreements,
limitations, and conditions except as herein expressly modified, and that the liability of the
Surety under the attached bond and under the attached as changed by this rider shall not be
cumulative.
3. Signed,and sealed this 1st day of April , 19 98
ACCEPTED BY: United States Fidelity & Guaranty Company
(Surety).
BYC J/ W ,
(Title) l'Attorney—in--Fact
•
•
6/2'd SNIQNOS SaOi3ld1SNOO I4zPO:60 86, TO adu
... ,..
. . .
, ..
r . . . ..
1646458
United States Fidelity and Guaranty Company tJ 1) I� .
Power of Attorney /
No. 110217 .
• Know all men by these presents;That United Staten fidelity and Grammy Cooper,a corporation organized and exulting under the Laws of tip State of
Maryland and having its principal office at the City of Baltimore.in the State of Maryland,does hereby mistime and appoint Ronald R. Allison,
Robert J. Burford, Jacqueline L. Dray and Leo D. Allison
of the City Of Omaha .State of Nebraska iu true and lawful Aoorneyisl-in-Fact,earn in their separate capacity if more than
orbs is named tibiae.te sign illy name as surety to.and to axeote,mai and ec rrrowledge any and all bonds.undertaktrtgs,contracts and other written insirumeer3 in the
nature thereof on behalf of the Company in its business of garthrteeing the fidelity of persons;guaranteerg the performer=of contracts:and executing or rauaraneeirg
bonds and urdtxtatorras required or permitud in any acporls or proceedings allowed by law.
In Witness Whereof.the said United States fidelity and Gearing Co.paey.has caeca this instrument to be sealed with its corporate seal,duly attested by
the signatures of its Vice Resident and Assistant Semetary.tniS 31 s t day of January .All la97.
United Sfatee Moray and Guaranty Crnpany.
ua
(Signed) 8y . 1 !"t .-
`;iiiiii:3‘.,
. Vice President
•
(Signedi By / Loo.-.44.r2
G
�(s :.��. ' sniSecretory
Snits of Maryland} .p`•\1�,
SS; ,r \}
Baltimore City k n•..-
On ells 31st day of January .A.D.19 9�7'.before me RermonaNy; e'6aryA.Wilson,Vice President of United States Fdathy end
Geenngr Company.end Thome: .Huibragae,Assistant Secret t?,1,said Company,with tionnetnibOrri I um personally nod.who being try me severally duly swam,
said that they,the said Gary A.Wilson and thorns E.Huib� \ a respectively the ids et a'I'dent and the Assisefr�y of the said United Sates fidelity and
Guaranty Company,the core station described in and red the for egoin. ' r 8 Attorney,that
to said Power of Attorneyeras atuh `�" 1 � �V the seat of said ccuparatiar>:that the seal affixed
corporate seal,tier s so affixed byl.., . the(hard of Directors-TAW corporation,and that they signed their names thereto by
like order au Vice President and Assistant umiak}tea'p syively,of de .,•- - �.i�v
MYCatamissione�iresthe 1st° day of . gue • A,D,t99t8�.F0,rA ,� .
1 lsisneaic� v�.•',..r!f.Y.K.. =' __i .. ....... __t4 C.. .i
.ue+c,, l'>.�' rat(, Y l4beryPublic
This Power of Attorney is granted under aril ,.,a3i, t of the following Resolutions adopted by the Board of Directors of the United States fidelity and
Guaranty Company an September 24.1fIY2: N r
8anoied.that in connection with the fidelity and surety insurance business of the Company,au bonds,undertakings.contracts and other instruments relating to
said business maybe signed.executed.and acknowledged by persons or entities appointed as Armmeyisi-in-Fact pursuant to a Power of Attorney issued in accordance with
these rasotutiorn.Said Paeans!of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,
or de President.or an Executive Vice President or a Senior Vice President or a Vice President or an Assistant Vice President,jointly with the Senotary or an Assistant
Secretary,under then respective designations.The signature Mauch officers may tea engraved,printed or lithographed.The signature of each of the fvreg ing officers and the
seal of the Company may be affixed by facsimie m any Power of Mooney or to any certificate relating thereto appointing Arorrt$yfn-in-ace for purposes only of executing
and attesting bonds and undertakings and other writings obligatory in the nature-thereat and subject to any limitations set forms therein,any such Power of Amthrhey or
Fertificate bearing suet'facsimile eigrrature or facsimile sal shah be valid and binding upon The Company and any Arch power so executed and certified by such facsimile
signanse and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking tp*debit is rawly atmc1iem.
Resolved.That Anornot(sl Feu shall have bra power and aurtwrity,and.in any rase,stmitst to the tams and limitations of the Power of Anomaly issued to
them.to execute and deliver on behalf of the Company and to anacn The seal of the Company to airy and all banns and undertakings.and other writings obligatory in the
nature thereof,arid any such instrument exrxuted by such Attamey(sFin Fact shall ne as binding upon the Company as it signed by an Exeuoive Officer and sealed and
entered M by the Secretary of the Company.
I.Thomas E.i uibregtse,en Assistant Secretary of ate tinned Staaes Mar/and Guaranty Cowpony.do hereby certify that the foregoing are true enema
Iran the Resolutions of the said Company as adapted by its Board of Directors on September 24.289E and that these Restitutions are intuit force one effect
G the undersigned Assistant Secretary of the United States fidelity rood Guaranty Company.do hereby certify that the foregoing Power of Attorney is in full
force and effect and has not been revoked.
estimmony .1 have hereunto sat m}y Ord and the seal of the United States fidelity and Overtone Company.
on this day of 19 t7
T'( p rY1
' Assistant Secretary
,CO3
F5 3112/951
\'1/4%ft.-
/E'd 8 51NIJNOH SdolJ1-1e1ISN020 WdS0:60 86, TO add
AC OREL CE RTIFI CA E OF L IABIL VINS p ANC bIVERDATE(MM/DDNY)
03/26/98 :'
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
Tom O. Patton COMPANY
Phone No. 402-333-3232 Fax No. A Transcontinental Insurance Co
INSURED COMPANY
B American Casualty of Reading
COMPANY
Divercon Construction, Inc. C Continental Casualty Company
10547 Bonderson Circle COMPANY
Omaha NE 68122 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(MM/DDNY)
GENERAL LIABILITY GENERAL AGGREGATE $2,000,000
A X COMMERCIAL GENERAL LIABILITY Cl 74471803 07/01/97 07/01/98 PRODUCTS-COMP/OPAGG $2,000,000
CLAIMS MADE X OCCUR 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) S 5,000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ 1,000,000
B X ANY AUTO Cl 68497399 07/01/97 07/01/98
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
(Per accident)
X NON-OWNED AUTOS
PROPERTY DAMAGE S
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT 5 ..
AGGREGATE S
EXCESS LIABILITY EACH OCCURRENCE $2,000,000
C X UMBRELLA FORM Cl 74506212 07/01/97 07/01/98 AGGREGATE $2,000,000
OTHER THAN UMBRELLA FORM S
WC STATU- OTH-
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 100,000.......
THE PROPRIETOR/
A PARTNERS/EXECUTIVE INCL WCC 1 68497385 07/01/97 07/01/98 EL DISEASE-POLIcvLIMIT s500,000
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE S 10 0,0 0 0
OTHER
-C/1/(
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS , 1
RE: Memorial Park Site Improvements ASSISTANT CITY ATTORNEY
62nd & Dodge Streets
City of Omaha is named as Additional Insured with respect to project above
being performed by the named insured.
C,.ERTIFICATE HOLIER <:
ATION
O pAR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City of Omaha 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Parks & Recreation Department BUT FAILURE TO MAIL SUCH NOTICE SHAL4JMPOSE_NO.OBLUGATION OR LIABILITY
Omaha/Douglas Civic Center
1819 Farnam, ROOM 7 0 Z OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. `\
Omaha NE 6 818 3-07 01 AUTHORIZED REPRESENTATIVE ,- "�; /
Tom O. Patton
ifiPORA_T:ION>1:988.:<:>
:. O
H W IU
Z
I-- U
W
E.
W
ZU-7,
CL
F- W '
— U
Z
CL
R ,s 2
*.) 5446%.
Z C� A ���
ki 'Zi (-?.z, r‘i 4.\
1 Z 7...., fl 4
Fes- rn L- `�-° c'
Z o Q 0
t '5 E
W
C j a Z c E c`a E m
ca m Cl- m
cc O > _ c
Rf �N E o 0 a� o --
cti 0 O m y E N E . 1
U o
N W c S. 0 E N (A O d 0 • .
O F- - CO 8 CD iti r Z Z D L n.
15
V- m (j) - 0 - c = W 0 W W C E
O •co W Y a _ 0 o Q Q Q 0 0 0
t Q 76 Q Z Z
O Z d a o a W 3 w a
0. H a co in icl-
L O N Q U) Q /� r
a a 2 a
-.
o .� \'
mm o .- ra cri
a W = : a Y =
I-- E o3o ,i3 C3
lz -$B (94.) CITY OF OMAHA
REQUEST FOR BID AND BID SHEET
ON MEMORIAL PARK SITE IMPROVEMENTS
• FROM: Pat Burke Published March 4. 1998
City Purchasing Agent
1003 Omaha-Douglas Civic Center NOT AN ORDER Page 1 of 4 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. March 18, 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: 6. When submitting bid on items listed, bidder may on a separate sheet, make
MEMORIAL PARK SITE 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 you. copy of tabulation check[ ).Please do not call for this information.
Quote your lowest price,best delivery and terms,F.O.B. delivery point on the terms(s)listed below:
This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to
bidders and (c)the specifications prepared by the Park Planning Division of the Parks,Recreation and Public Property Department for the
MEMORIAL PARK SITE IMPROVEMENTS,and that the bidder has made all the examinations and investigations required by said
documents.
BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO. D ,THROUGH D .
•
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 foregoing,understand that the bidder hereby offers and proposes to:Furnish all labor,
materials and equipment necessary to complete the site improvements as per the Contract Drawings and
Specifications for-MEMORIAL PARK SITE IMPROVEMENTS,in the city of Omaha Nebraska
in accordance with the provisions of this proposal and documents. Total price for all work included in the
SUM OF z/e..- Qi'L
/a« w �� � amoo « /zS, 9r30
NOTE: REFER TO BID SHEET PAGE 3 OF 3 FOR ADDITIONAL PRICE INFORMATION.
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 hid
(Please Print Legibly or Type)
Payment Terms%A#774Y Firm A/1/,CD� G�eA 2 Dit.'/e, Incorpor d in /US-ir
ate
Delivery(or completion) Namey5;61' ./.4 &JfJ Signature , .L
calendar days following award /J
Title ______S___Phone _4-7/-57/5".. Fax 5-7/-/7V2
Address /e5-97 ff4 ee-ssew �/t/iq '4 4/C 61/2
Street/P.O. Box City State �,•'4Zip
V
PH-8B (94) CITY OF OMAHA
REQUEST FOR BIDS
ON_ MEMORIAL PARK SITE IMPROVEMENTS
NOT AN ORDER
Page 2 of 4 Pages
The bidder hereby states that the above total cost to the City of Omaha includes all material,taxes,
insurance royalties;transportation charges,use of all necessary tools and equipment, supervision, inspection
and tests of materials,bond and overhead expense, all equipment furnished in accordance with the
requirements of the contract documents considered severally and collectively.
The bidder agrees that construction will be completed by: JUNE 12, 1998
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 titled: MEMORIAL PARK SITE
IMPROVEMENTS and dated February 20, 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:
Ste' Dfr-8'0 hee,. (S
which is at least five percent of the aggregate amount of the proposal.
It is agreed that, in the event the bidder is awarded a contract based on this proposal,or a part thereof and
fails or refuses to execute a written contract or fails to furnish a performance bond within ten days after the
award of said contract,the sum deposited herewith shall be retained by the City of Omaha as liquidated
damages and not as a penalty, as it is expressly agreed that said sum is a fair measure of the damages which
will be sustained by the City.of Omaha in case of any such failure or refusal on the part of the bidder. The
said sum,however,will be returned to the bidder, if and when he shall faithfully keep and perform all of the
conditions set fourth in the advertisement and the requirements for bidding and instructions to bidders,and
furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of
Nebraska, and listed on the current edition of Circular 570 of the United States Dept.of the Treasury.
NOTICE: Unless the foregoing proposal is free from alterations,additions 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 e
By
Title
CONTINUATION SHEET
x-ri)
PH-3B (94) CITY OF OMAHA
REQUEST FOR BIDS
ON MEMORIAL PARK SITE IMPROVEMENTS
NOT AN ORDER
Page 3 of 4 Pages
ALTERNATES TO BE INCLUDED WITH BID:
Alternate No. 1: Vietnam Memorial Sidewalk. Quote total amount to be added to the
Base Bid for providing materials apd labor to install the Vietnam Memorial Sidewalk as
shown on the drawing. Add• , 0 !�>�si i
Alternate No. 2: Roadway Curbing.Quote total amount to be deducted from the Base
Bid for providing materials and labor to remove and replace the concrete curb and
associated improvements alon the outer erimeter of the circular park roadway.
Deduct:ate 27 77 -
S�'i/GyIv n G 4Jc.
UNIT PRICES:
The undersigned further proposes and agrees that if the amount of work is 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, fees, 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.
UNIT PRICES:
C.Y. = Cubic Yard S.F. = Square Foot
S.Y. = Square Yard V.F. = Vertical Foot
L.F. = Linear Foot EA. = Each •
5" Concrete pavement with aggregate finish appearance $ 3, /" /S.F.
Aggregate seeding only(not including cost of concrete pvmt.) $ ,7,c /S.F.
Additional backfill material $ Zlj 9O /C.Y.
Sodding $ ; zZ /S.F.
CONTINUATION SHEET
PH-8B (94) CITY OF OMAHA
REQUEST FOR BIDS
ON MEMORIAL PARK SITE IMPROVEMENTS
NOT AN ORDER
Page 4 of 4 Pages
The following Lump Sum Prices are needed to assist the City in obtaining reimbursement by
other funding sources.
Materials and labor for installing concrete ramp, handrails and
associated improvements on north site of Memorial. $ L.S.
L.S.
Materials only for the Vietnam Memorial Sidewalk. $ 3,b 5(') L.S.
Labor only for the Vietnam Memorial Sidewalk installation. $ S 0 3a L.S.
SIGN ALL COPIES Firm i&' C4�1-�� ���•
By
Title el" i/'ee-4/ r
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr April 14,E 1998
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, bids were received on March 18, 1998, for furnishing materials,labor
and all else necessary to construct and finish all work in connection with the site improvements at
Memorial Park;and,
WHEREAS, Divercon Construction, Inc. submitted the best bid, within bid
specifications, for the work in connection with the site improvements in the total amount of
$137,570.00; and,
WHEREAS, Divercon 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 approval of this contract and the
acceptance of this bid.
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$137,570.00
from Divercon Construction,Inc.for furnishing materials,labor and all else necessary to construct
and finish all work in connection with the site improvements at Memorial Park,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 the cost of the
park project from the 1992 Recreation and Culture Bond Fund 327,Agency 120,Organization No.
1295,Activity 3117,Memorial Park Rehab.
APPROVED AS TO FORM:
—Q
ASSISTANT CITY ATTORNEY DATE
P:\PRPP\5299.MAF
By
Councilmember
Adopted APR 1, 1998
City rk /�1
Il 1/ ,mo t�
Approve, •� '‘
Mayor
•
2
N� '�� .� BCD o `� ~ �
.
co 7d o . g
O� CD 7J 6 co Q .- ca,
-YZ
7C o -- n (°4 a"
•
g F 4
ors � � � � l o
t„cota. ,c4 a:a o Sx o ac CD