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RES 2014-1120 - Bid from Lawnsmith and Co for demolition and replacement of sections of West Papio Trail in Barrington Park Ana, RECEIVED IF F Fo Parks, Recreation & ,'s� Public Property Department � Omaha/Douglas Civic Center ®fir,f "�► w Z01'i AUG 29 AM II: 26 1819 f Street,Suite 701 A ti• Omaha,Nebraska 68183-0701 �TED FE8R�A4� (402)444-5900 CITY CLERK FAX(402)444-4921 City of Omaha OMAHA NEBRASKA Brook Bench Jean Stothert,Mayor Director September 9, 2014 Honorable President and Members of the City Council, Transmitted herewith is a BID TABULATION and a RESOLUTION authorizing the Purchasing Agent to issue a Purchase Order to LawnSmith & Company, Inc. to provide all tools, labor, mechanics for labor, equipment, and materials necessary for the demolition and replacement of sections of the West Papio Trail in Barrington Park, 764 North 164th Street, in the total amount of$35,625.00, for the Parks, Recreation, and Public Property Department. LawnSmith & Company, Inc. submitted the best bid for the project. The following bids were received on August 6, 2014: CONTRACTOR BID LAWNSMITH & CO., INC. $35,625.00 (BEST BID) Spencer Management $45,125.00 Navarro Lawn & Landscape, Inc. $58,150.00 Dostal's Construction $71,250.00 Mackie Construction, Inc. $75,050.00 Swain Construction $78,685.00 DPS, LLC $86,000.00 LawnSmith & Company, 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 Ordina ace. The Finance Department is authorized to pay the Funds in the total amount of $35,625.00 to LawnSmith Company, Inc. from the 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, n 4rks and Cultures Bonds. Page -2- Honorable President and Members of the City Council The Parks, Recreation, and Public Property Department recommends the acceptance of the bid from LawnSmith Company, Inc., being the best bid received, and requests your consideration and approval of this Resolution. ctfull su 'tted, pe , Approved: \ (CI 1 1 Lj( - '/-- — g —/j/ Brook Bench, Director 'D 6Hum Rights and Re lations elations Date Parks, Recreation, and Public Property Department Approved as to Funding: Referred to City Council for Coonnsideration: S/it � b �S/Zvi /r teph B. Curtis (st ate Mayor's Office/Title ` Date Finance Director .1 p:1976tmb BID BOND: 5% Douglas County Purchasing TABULATION OF BIDS ON: CITY OF OMAHA Trail Replacement, West Papio Trail in Barrington Park Dostals LawnSmith & Mackie Navarro Lawn DPS LLC Company, Construction, & Landscape, Spencer Construction Management Date of Opening Page 1 Inc. Inc. Inc. August 6, 2014 Department As Read in Bid Committee Parks Quantity DESCRIPTION UNIT UNIT UNIT UNIT UNIT UNIT PRICE B PRICE B PRICE B PRICE B PRICE B PRICE B Trail Replacement, West Papio Trail in Barrington Park TOTAL BASE BID: $71,250.00 $86,000.00 $35,625.00 $75,050.00 $58,150.00 $45,125.00 Bid Bond Received: Yes Yes Yes Yes Yes Yes BID BOND: 5% Douglas County Purchasing TABULATION OF BIDS ON: CITY OF OMAHA Trail Replacement, West Papio Trail in Barrington Park Swain Construction, Date of Opening Page 1 Inc. August 6, 2014 Department As Read in Bid Committee Parks Quantity DESCRIPTION UNIT UNIT UNIT UNIT UNIT UNIT PRICE B PRICE PRICE PRICE PRICE PRICE Trail Replacement, West Papio Trail in Barrington Park TOTAL BASE BID: $78,685.00 Bid Bond Received: Yes I Bid Form(Rev.01-2014) DEB DOUGLAS COUNTY I REQUEST FOR BID AND BID SHEET ON: CiTY OF OMAHA TRAIL REPLACEMENT RETURN BIDS TO: Published:23 July 2014 II CITY CLERK,LC-1 OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER Page 1 of 4 Pages 1819 Farnam Street I 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 BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA", Bid Opening Date: 11 11:00 A.M. 6 August 2014 IMPORTANT 1. Bid must be in the office of the Acting CITY CLERK,LC-1,OMAHA-DOUGLAS CIVIC 5.BiD MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. CENTER,1819 Famam Street,Omaha,NE 68183.0011 by bid opening date and time 6•When submitting bid on items listed,bidder may on a separate sheet,make suggestions indicated,in sealed envelope marked BID ON;TRAIL REPLACEMENT. covering reduction in costs wherever this is possible through redesign,change of material 2.As evidence of good faith a bid bond or certified check must be submitted with bid.Bid or utilization of standard items or quantity change. Bond or certified check shall be made payable to the'City of Omaha'. FAILURE TO DO SO IS CAUSE FOR REJECTION PLEASE DO NOT CALL FOR THIS INFORMATION, 3.Right is reserved to accept or reject any or all bids in their entirety and the_bidgers shall have the right to appeal any decision to the City Council. Right is also reserved to accept or reject any part of your bid unless otherwise indicated by you. 4.if Federal Excise Tax apples,show amount of same and deduct. Exemption certificates I wit be furnished.Do not include tax in bid. Quote your lowest price,best delivery and terms,F.O.B.delivery point on the terms(s)listed below: This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to bidders and (c) the specifications and drawings prepared by the Park Planning Division of the Omaha Parks, Recreation &Public Property Department for the Trail Replacement and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO ."-------,THROUGH '--."---- . IIt 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 II • 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,all materials and all else whatsoever necessary to construct and 11 properly finish all the work in connection with "Trail Replacement,West Paplo Trail, Barrington Park Subdivision,Omaha,Nebraska" in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks,Recreation and Public Property Department for the lump sum of:BASE BID: Th 1 in —�t UP_ -O IA c . . S - A L X�-,�,.Lti1 2 kt .,1,0 I ktysIawl_ yo s ($ 35)6a5,t ) Note: Refer to page 2 of 4 for Itemized Proposal and Bid Bond and page 3 of 4 for Completion Date,Performance Bond and insurance Requirements. Refer any Iquestions reeardina the Bid or Contract Documents directly to the Park Planning Division at 402.444-5900 or as noted in the Contract Documents. 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 Contract Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance Ordinance or PBE/DEB Listings should be directed to the Human Relations Department at 402-444-5055. 11 (Please Print Legibly or Type) Firm L, ,/io gn Id" i?9)( t), O ii2 -, Incorporated in N III `52 L . S ' g (/ L1 ^ t✓ Name V�,(J� ( }'}'1�1 Si natur 041) Title V 1 Phone �rj,i -- .2 Fax 46.5 -6'02 i R' IIAddress i)!i j State-t .-• t[l".11ld fiL.2 ,° y f?; J¢ t/ -(&4g Street/P.O.Box , City / State Zip 111 E-Mail Address D Sin i E4�v I, l a-w 116 ul T Cj i>X . 11L L I I Bid Form(Rev.01-2014) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA TRAIL REPLACEMENT NOT AN ORDER U Page 2 of 4 Pages THE FOLLOWING IS THE ITEMIZED PROPOSAL: These unit prices shall apply in the event the actual installed quantities are under or above the bid quantity. Refer to the"Project Requirements"for additional Information. 1111 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE I TOTAL111 1. 10'WIDE TRAIL(6"1 SF 9,000 $ $ Remove 6"thick Concrete Pavement and 3 .F15 �'� � co 111 Replace with 6"thick Concrete Pavement 2. 6'WIDE TRAIL CONNECTOR PATHS(6"I .SF 500 $ $ Remove 4"thick Concrete Pavement and 3.7 5 l b r71 Replace with 6"thick Concrete Pavement ` f`- 111(trail pavement detail) fir ■ TOTAL PROPOSAL - $ .3)5 [ ,5, 111 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 111 accordance with the requirements of the contract documents considered severally and collectively. • It is understood that the contract documents shall consist of the advertisement,the requirements for bidding and instruction to bidders,this proposal, the contract documents titled" ' 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. BID BOND: In accordance with the requirements for bidding and instructions to bidders,there is deposited herewith a bid bond or a certified check payable to the11 C�i ''ofO aha,inthesuq�of:, f ^`� `� #1�,1`),4.1(710)1+(1 f�'Y1 �11 IA_B t�. ($3 6f 0t� 3 ),which is at least five percent(5%)of the aggregate a nt dUIe 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 an the part of the bidder. The said sum,however,will be returned to the bidder; 1111 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. SIGN ALL COPIES Firm /, 17cS'Yn 0 By ano n�, �, M Title Jv p p I I I Bid Form(Rev.01-2014) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ION: CITY OF OMAHA TRAIL REPLACEMENT NOT AN ORDER Page 3 of 4 Pages 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. COMPLETION DATE: The bidder agrees that construction will be completed within SIX+ - calendar days after approval of the purchase order for the work by the Omaha City Council and receiving the"Notice to Proceed"from the Park Planner. Refer to Division 0,Section 00200,"Instructions To Bidders", 111 Part 2.15,"Computing Completion Date'for information on how to compute the number of calendar days to complete the work. PERFORMANCE BOND: Refer to Specification Section 00200, Instructions to Bidders', Part 2.10, "Bond Submission" and Section 00400, "Performance, Payment Maintenance Bond'requirements. INSURANCE REQUIREMENTS: Refer to Specification Section 00500, "General Conditions of the Contract for Construction', Part 2.15, "Contractor's Insurance"for insurance requirements. i I I I I SIGN ALL COPIES Firm l au)ll rY) t) l��G • By /. ,,✓ Title I VP- I I U • Bid Form(Rev.01-2014) DOUGLAS COUNTY 111 REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA TRAIL REPLACEMENT NOT AN ORDER Page 4 of 4 Pages 11 rm Responsible Contractor Compliance Form RC-1 ~T e I If�F 1. Regulations: 111 A.Article IV,Division I of Chapter 10 of the Omaha Municipal Code thereon require: 1.That all contractors who submit a bid to City of Omaha shall designate a representative who on behalf of the Contractor. shall fill out completely a Responsible Contractor Compliance Form(RC-1). An incomplete or unsigned RC-1 form will make your bid null and void. 111 2. Filing this Report(please initial in the boxes below): +Contractor agrees that Contractor will not knowingly employ or hire an employee not lawfully authorized to perform P employment in the United States and that the Contractor and ail sub-contractors shall use E-Verify to determine work eligibility. +Contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.Rev. Stat.Section 48-2901 et seq.). +Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.Stat. 11 Section 73-104 et seq.). +Contractor has not been convicted of any tax violations(local.State and Federal)within the last three years from the date 1 this bid is submitted. +Contractor has not.upon final determination by the Occupational-Safety and Health Administration,been convicted of a 1111 criminal,repeat,or willful violation of the Occupational Safety and Health Act(OSHA)or been conicted of 3(three)separate "serious"OSHA violations within the past three(3)years. +Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the provisions of the Responsible Contractor Compliance Form RC-1, g (D4 P Si na ure Date B si ing,I verify on behalf of the Contractor that the information above is true and correct. Filing false information carries a penalty of up to a S500 fine or six months in jail. In addition,the contractor and sub-contractors can be subject to immediate disqualification and prohibited from any future City of Omaha contract for a period of I 0 years. P P MR I - IS i i - i i is in i ii me . it no um i us TRAIL REPLACEMENT . %�`�-. City Of Omaha Small & Emerging Small Business Program \.. •• j, • Participation Disclosure Form THIS FORM MUST BE SUBMITTED WITH THE BID NOTICE: This form must he submitted by the General Contractor/Lead Consultant at the time of bid/agreement submission,designating all companies utilized to complete the scopes of work designated as reserved for Program Participants on the Participation Utilization Form attached to the project documentation. The General Contractor/Lead Consultant may utilize SEB Program Participants for additional scopes of work not specified on the Participation Utilization Form,but they may not be substituted for scopes specifically identified by the City on the Participation Utilization Form. Should the below listed SEB Program Participant be determined to he unable to perform successfully or is not performing satisfactorily, the General Contractor/Lead Consultant shalt obtain written approval from the Public Works Director or a designee before dismissal/substitution of the Participant. By submitting this form,the General Contractor/Lead Consultant is certifying that it has afforded any/all applicable program participants the opportunity to submit bids/proposals on this project. Identified Full Name of Projected start/ Percentage of total Scope Participant completion date Agreed Price contract -, r I TOTAL: 05,6 r 5 r 7 CERTIFICATION: The undersigned certifies that he/she has read,understands.and agrees to be bound by small and/or emerging small business participation utilization requirements,and the other terms and conditions of the Invitation for Bids/Request for Proposals. The undersigned further certifies that he/she is legally authorized to make the statements and representations as to the Participation Utilization requirements and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agrcement(s)with the Participating Companies listed in the above disclosure at the price(s)set forth in this disclosure,conditioned upon execution of a contract/agreement by the undersigned company with the City of Omaha. The undersigned agrees that if any of the representations made regarding utilization of small and/or emerging small business by the General Contractor/Lead Consultant,knowing them to be false,or if there is a failure by the undersigned company to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Public Works Director or designee,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the hid/proposal or to terminate the Contract/Agreement for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults under the Contract/Agreement,under City of Omaha's Contract Compliance Ordinance or otherwise. jl) Signed this ' da f � uS 1- in the year 020 Signature: Title: up Printed Name: UQYI. L, S m Ttn Firm or Corp at Name: , r i (is, TALC-' • Address: v( Telephone No.: (1iQQ-2) �7 4-,o TRAIL REPLACEMENT-23 JULY 2014 i i i i III ill i IN i i i i i i III f i III iii TRAIL REPLACEMENT f� r City Of Omaha Small & Emerging Small Business Program .,) Participation Utilization Fo rm p opportunity to participate in City of Omaha projects. Consequently,the requirements of the Small and Emerging Small Business Program ordinance apply to this solicitation. For questions on certification, including a listing of the SEB Program Participants, please see the City of Omaha Human Rights&Relations website at: http://www.cityofomaha.org/humanrights/contract-compliance With regard to this solicitation, the City has determined that a sufficient number of SEB Program Participants exist within the following Certified Group(s): [XX ] Tier I Emerging Small Business [ XX ] Tier I Small Business [ XX ] Tier II Emerging Small Business [XX] Tier II Small Business To fulfill [ ] the entire scope of this contract/agreement. 1 [ XX ] a portion of this contract/agreement as defined below: [ ] No SEB Requirement for this contract/agreement. Comments/ Identified Scope Notes Concrete Pavement Removal&Replacement PLEASE NOTE: In order to be considered for this solicitation,potentially eligible participants MUST be certified in the above- referenced category PRIOR TO the bid opening date of this solicitation. The City of Omaha has given preference to the above-referenced category of participants in the preparation of these contract documents according to the provisions of OMC 10-200.3(d). Failure to utilize a certified participant for the above-designated portion of this contract/agreement shall be deemed non-responsive and rejected. Bidders must complete the Participation Disclosure form and submit it with their bid/agreement documentation in order to be considered. TRAIL REPLACEMENT-23 JULY 2014 SECTION 00300 AGREEMENT This AGREEMENT made and entered into in quadruplicate, as of this day of , 2014 by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party of the first part and hereinafter called "OWNER", and LawnSmith & Co., Inc. with principal place of business at: 3731 State Street, Omaha, Nebraska,68112,hereinafter called"CONTRACTOR": WHEREAS, said Contractor did, under date of July 23, 2014 submit a proposal to construct as outlined in the proposal"Trail Replacement,West Papio Trail in Barrington Park"for the City of Omaha,for the sum of Thirty Five Thousand Six Hundred Twenty Five Dollars and No Cents ($35,625.00), 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. adopted , 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 "Trail Replacement, West Papio Trail in Barrington 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 "Trail Replacement, West Papio Trail in Barrington Park" 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 West Papio Trail, Barrington Park Subdivision, 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 "Trail Replacement, West Papio Trail in Barrington Park" in accordance with the aforesaid plans, specifications and addenda, and agrees to do so for the sum of($35,625.00). e. Owner agrees to pay Contractor said amount of ($35,625.00), 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 E. Bryers, FASLA, PLA I Park Planner II — Landscape Architect I Park Planning Division - City of Omaha Parks, Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-1 Recreation and Public Property Department; 1819 Farnam Street, Suite 701, Omaha, NE 68183-0701. Office: 402.444.4915; Direct: 402-444-3798; Mobile: 402-616-3724; Fax: 402-444-4921; email: dbryersAci.omaha.ne.us 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 award 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 (100%) 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 the Owner's Representative 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 herein contracted for, or by or in consequence of any negligence in guarding the same or any improper material used in its construction, or by or on account of any act or omission of said Contractor or its servants, agents, and subcontractors; and also from all claims of damage or infringement of any patent in fulfilling this Contract. 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 ("Certification of Contribution Status" - form "NEBRUI Form 16") 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 ten percent (10%) 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 or applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin as defined by the Americans with Disabilities Act of 1990 and Omaha Municipal Code Sec 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. The Contractor shall take all actions necessary to comply with the Americans with Disabilities Act of 1990 and Omaha Municipal Code, (Chapter 13) including, but not limited to, reasonable accommodation. As used herein,the word "treated"shall mean and include,without limitation, Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-2 the following: Recruited, whether advertising or by other means; compensated; 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, 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, age, sexual orientation, gender identity, disability or national origin as recognized under 42 USCS 12101 et seq. g-9. The Contractor shall send to each labor union or representative of workers with which they have 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 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. g-10. 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, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs(7)through (13)of this subsection 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-11. 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(7)through(13)herein, including penalties and sanctions for noncompliance; however, 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 necessary to protect the interests of the City and to effectuate the provisions of this division;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-12. The Contractor shall file and shall cause their 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 their subcontractors. g-13. The Contractor shall include the provisions of Paragraphs (7) through (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(refer to Specification Section 00205 for more detail). g-14. 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 or rented in the performance of the Contract. g-15. Contractor agrees to commence work on the date specified in the notice from the Park Planning Division of the Omaha Department of Parks, Recreation and Public Property, and to substantially complete all the work within sixty (60) calendar days after approval of the purchase order for the work by the Omaha City Council and receiving the"Notice to Proceed"from the Park Planner. Trail Replacement,West Papio Trail in Barrington Park Agreement 00300.3 g-16. The Contractor shall guarantee their work for material and workmanship for a period of two(2)years after the date of"substantial completion" of his Contract, and should any defect be discovered in any of the work included in this Contract within the period of two (2) years from the "substantial completion" of this Contract, the repair of such defect and the cost of such repairs shall be borne by the Contractor under their Contract. a. Substantial Completion: Substantial Completion shall mean that in general, the Work, excluding minor punch list items and appropriate paperwork to closeout the project is one hundred percent(100%)complete and ready for use by the Owner. g-17. 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 finds 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 has 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, make 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. i. 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. I. The parties hereto acknowledge that, as of the date of the execution of this agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a) by ten percent, if the original bid price is one hundred fifty thousand dollars($150,000)or more, or(b) by seventy-five thousand dollars($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Trail Replacement,West Papio Trail in Barrington Park Agreement 00300.4 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 representative duly authorized agents, hereto affix our signatures and seals at Omaha, Nebraska; LAWNSMITH&CO., INC. CITY OF OMAHA It(�C� Executed thi day of ,20 14 Executed this day of , 20 By: 452eie.-Ffew41d- (Authorized Signature) Jean Stothert, Mayor binittY1 Y f) . S11NPA 141.1i ATTEST: (Printed Name) Title: \r9r0 S.1("Mt Buster Brown, City Clerk , n ' up Witne Signature APPROVED AS TO FORM: Z4?/`. ssistant ity Attorney Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-5 Bond No.889527P Performance and Payment Bond KNOW ALL MEN BY THESE PRESENTS: that LawnSmith&Co., Inc. as Principal, hereinafter called Contractor and, Developers Surety&Indemnity as Surety, hereinafter called Surety,are held and firmly bound unto City of Omaha as Obligee, hereinafter called Owner, in the amount of THIRTY FIVE THOUSAND SIX HUNDRED TWENTY FIVE AND NO/100 Dollars($35,625.00 ), for the payment whereof Contractor and Surety bind themselves,their heirs, executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Contractor has by written agreement dated 08/08/14 ,entered into a contract with Owner for Trail Replacement, West Papio Trail in Barrington Park which contract is by reference made a part hereof, and is hereinafter referred to as the Contract NOW,THEREFORE,THE CONDITIONS OF THIS OBLIGATION are such that, if the Principal shall promptly and faithfully perform said Contract and made payment to all claimants, as hereinafter defined, for all labor and material used in the performance of the Contract,then this obligation shall be null and void; otherwise it shall remain in full force and effect,subject, however,to the following conditions: A) Whenever Contractor shall be, and by Owner to Contractor under the declared by owner to be in default under contract and any amendments the Contract,the Owner having thereto, less the amount properly performed Owner's obligations paid by Owner to Contractor. thereunder, the Surety may promptly B) remedy the default, or shall either 1 A claimant is defined as one having 1 Complete the Contract in a direct contract with the Principal accordance with its terms and for labor, material,or both, used or conditions; or reasonably required for use in the 2 Obtain a bid or bids for completing performance of the Contract, labor the Contract in accordance with its and material being construed to terms and conditions, and upon include that part of water, gas, determination by Surety of the power, light, heat,oil, gasoline, lowest responsible bidder, or, if the telephone service or rental of Owner elects, upon determination equipment directly applicable to the by the Owner and the Surety jointly Contract. of the lowest responsible bidder, 2 The above named Principal and arrange for a contract between such Surety hereby jointly and severally bidder and Owner,and make agree with the Owner that every available as Work progresses(even claimant as herein defined,who has though there should be a default or not been paid in full before the a succession of defaults under the expiration of a period of ninety(90) contract or contracts of completion days after the date on which the last arranged under this paragraph) of such claimants work or labor was sufficient funds to pay the cost of done or performed,or materials completion less the balance of the were furnished by such claimant, contract price; but not exceeding, may sue on this bond for the use of including other costs and damages such claimant, prosecute the suit to for which the Surety may be liable final judgment for such sum or sums hereunder,the amount set forth in as may be justly due claimant, and the first paragraph hereof,subject to have execution thereon. The Owner the limitations in Paragraph D. shall not be liable for the payment of 3 The term"balance of the contract any costs or expenses of any such price,: as used in this paragraph, suit. shall mean the total amount payable ' C) No suit or action shall be commenced 2 After the expiration of one(1)year , hereunder by any claimant, following the date on which the 1 Unless claimant,other than one Principal ceased Work on said having a direct contract with the Contract, it being understood, Principal, shall have given written however,that if any limitation notice to the following:the Principal, embodied in this bond is prohibited the Owner, and the Surety above by any law controlling the named,within ninety(90)days after construction hereof such limitation such claimant did or performed the shall be deemed to be amended so last of the work or labor, or as to be equal to the minimum furnished the last of the materials for period of limitation permitted by which said claim is made, starting such law. with substantial accuracy the 3 Other than in a state court of amount claimed and the name of competent jurisdiction in and for the the party to whom the materials county of other political subdivision were furnished,or for whom the of the state in which the Project, or work or labor was done or any part thereof, is situated,or in performed. Such notice shall be the United States District court for served by mailing the same by the district in which the Project,or registered mail or certified mail, any part thereof, is situated, and not postage prepaid in an envelope elsewhere. addressed to the Principal, Owner D) The amount of this bond shall be or Surety,at any place where an reduced by and to the extent to the payment office s regularly maintained for the or payments made in good faith hereunder, transaction of business,or served in inclusive of the payment by Surety of any manner in which legal process mechanics' liens which may be filed of may be served in the state in which record against said improvement,whether or the aforesaid project is located, not claim for the amount of such lien by save that such service need not be presented under and against this bond. made by a public officer. Signed and sealed this 18 day of AUG 2014. ,1,"LC;n L)S`17f (� LawnSmith&Co., Inc. , 5te:ot---,..A- ar.,,---- istP4i1' f i Developers Surety&Indemnity Witness L ,,L/ I,, � L,. _. Sarah M. Starks,Attorney in Fact Davis Insurance Agency 2211 N 91 Ct, Omaha, NE 68134 :,VEDASTOFOR ,e, i41---S)/z./;if ASSISTANT CITY ATTORNEY • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby make,constitute and appoint: ***Dick C.E.Davis,Sarah M.Starks,jointly or severally*"* as its true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation,as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporation could do,but reserving to each of said corporation full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,any Executive Vice-President,Senior Vice-President or Vice-President of the corporation be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this October 4th,2011. By: yo 7 7 , , , `1 AND,47-, Daniel Young,Senior Vice-President a` '.gP o Ra......... R °h,44 By: S a rtr,r LtE Steve A.Tvedt,Vice-President :�,• a State of California County of Orange t,,`yµ` On October 4,2011 before me, Antonio Alvarado,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Steve A.Tvedt Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose names)islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized AA(TONK3 A1,VAPA00 capacity(ies),and that by hisfherltheir signature(s)on the instrument the person(s),or the entity upon behalf of COMM.*1880643 which the person(s)acted,executed the instrument. _ t '`i WARYItUC MA C I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is `�. ?, ORANGE COMM true and correct My comm,oplres Aug.9,2013 WITNESS my hand and official seal. (?/? ,#041. Place Notary Seal Above Signature Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this day of ' .S t�' 440 By: P' e 944 "" ag Oku//istant Secretary ID-1438(Rev.10/11) _ LAWNS-3 OP ID:GM o r CERTIFICATE OF LIABILITY INSURANCE `�01/02/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CE RTIFiCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the tficy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and condMons of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsorr ls). PRODUCER CONTACT Amy Mason Guinn Memento,Inc.0200 tar FAX 402-891-1234 so 402-891-1252 Om h, SNtun*,37�2 :amason(tquinnitesurance.com Jason .Quinn INSURERIS)AFFORDING COVERAGE NAIC# *SURER A:Iowa Mutual Group 14338 LawnSmith&Co,Inc. INSURER 0: 3731 State St INSURER C: Omaha,NE 68112 INSURER n: INSURER E: MISIIRER F: COVERAGES CERTIFICATE R: REVISION NUMBER: 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 POLICES_LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MISR ADDL.SUBS LIR TYPE OF HISURINCE HIBR won POLICY N (L OW ) ;WA IYYXI UNITS1,000,000 GENERAL LIABILITY EACH OCCURRENCE $ A X COMMERCIAL GENERAL uAB&rn X A036443UN 01/01/2014 01101/2015 p° ,AAGEtisERE,REN119) 1 $ 100,000 CLAMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 — GENERAL AGGREGATE $ 2,000,000 GENT.AGGREGATE L*ST APPLES PER: PRODUCTS-COMP/OP AGG $ 2,000,000-1 Po c f°fir fl Loc $ AUTOMO cwmJTY COomme))NIGLE LIMN E 1,000,000 A X A/Rr Auro A036443MN 01/01/2014 01/01/2015 BODILY INJURY(Per person) $ ALL OWN — CIEDUEED GOOEY INJURY(Per accident) $ AUTOSD ---..AUTS PROPERTY DAMAGE y X HEED AUTOS X AtTr D (PER ACCIDENT) . $ X UNIBRELIA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS L IAO —'CLAIMS-MACE A036443MN 01/0 E12014 0110112015 AGGREGATE $ 2,000,000 DED I RETENTION$ $ ' WO COMPENSATION X f�AAU- _W- AND - i EMPI.OYERB'LY18e.ER Y/N A036443MN 01/01/2014 01101/2015 EL EACH ACCIDENT S 500,00Q A ANY 1 NIA E.L DISEASE-EA EMPLOYEE $ 600� ��yyeesg_ &, CESCRIPT�OF OPERATIONS beige EL.DISEASE-POUCY UNIT $ 0, 00 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Atlerh ACORD 101,Additional Remarks Stliednle.emime space Is required) CERTIFICATE HOLDER CANCELLATION CITYO.4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE D E EXPIRATION DATE THEREOF, NOTICE IMLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Omaha,Parks Recreations&Public Prop.Dep AUTHORIZED REPRESENTATIVE 1819 Fames Street Suite 701 �� ..�� Omaha„NE 68183 • L IA 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD SECTION 00300 AGREEMENT This AGREEMENT made and entered into in quadruplicate, as of this day of , 2014 by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party of the first part and hereinafter called "OWNER", and LawnSmith & Co., Inc. with principal place of business at: 3731 State Street, Omaha, Nebraska,68112, hereinafter called"CONTRACTOR": WHEREAS, said Contractor did, under date of July 23, 2014 submit a proposal to construct as outlined in the proposal"Trail Replacement,West Papio Trail in Barrington Park"for the City of Omaha,for the sum of Thirty Five Thousand Six Hundred Twenty Five Dollars and No Cents ($35,625.00), 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. adopted ,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 "Trail Replacement, West Papio Trail in Barrington 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 "Trail Replacement, West Papio Trail in Barrington Park" 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 West Papio Trail, Barrington Park Subdivision, 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 "Trail Replacement, West Papio Trail in Barrington Park" in accordance with the aforesaid plans, specifications and addenda, and agrees to do so for the sum of($35,625.00). e. Owner agrees to pay Contractor said amount of ($35,625.00), 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 E. Myers, FASLA, PLA ! Park Planner II - Landscape Architect ! Park Planning Division - City of Omaha Parks, Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-1 Recreation and Public Property Department; 1819 Farnam Street, Suite 701, Omaha, NE 68183-0701. Office: 402.444.4915; Direct: 402-444-3798; Mobile: 402-616-3724; Fax: 402-444-4921; email: dbryers anci.omaha.ne.us 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 award 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 (100%) 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 the Owner's Representative 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 herein contracted for, or by or in consequence of any negligence in guarding the same or any improper material used in its construction, or by or on account of any act or omission of said Contractor or its servants, agents, and subcontractors; and also from all claims of damage or infringement of any patent in fulfilling this Contract. 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 ("Certification of Contribution Status" - form "NEBRUI Form 16") 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 ten percent (10%) 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 or applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin as defined by the Americans with Disabilities Act of 1990 and Omaha Municipal Code Sec 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. The Contractor shall take all actions necessary to comply with the Americans with Disabilities Act of 1990 and Omaha Municipal Code, (Chapter 13) including, but not limited to, reasonable accommodation. As used herein,the word"treated"shall mean and include,without limitation, Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-2 the following: Recruited, whether advertising or by other means; compensated; 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, 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, age, sexual orientation, gender identity, disability or national origin as recognized under 42 USCS 12101 et seq. g-9. The Contractor shall send to each labor union or representative of workers with which they have 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 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. g-10. 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, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs(7)through(13)of this subsection 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-11. 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(7)through(13) herein, including penalties and sanctions for noncompliance; however, 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 necessary to protect the interests of the City and to effectuate the provisions of this division;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-12. The Contractor shall file and shall cause their 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 their subcontractors. g-13. The Contractor shall include the provisions of Paragraphs (7) through (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(refer to Specification Section 00205 for more detail). g-14. 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 or rented in the performance of the Contract. g-15. Contractor agrees to commence work on the date specified in the notice from the Park Planning Division of the Omaha Department of Parks, Recreation and Public Property, and to substantially complete all the work within sixty (60) calendar days after approval of the purchase order for the work by the Omaha City Council and receiving the"Notice to Proceed"from the Park Planner. Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-3 g-16. The Contractor shall guarantee their work for material and workmanship for a period of two(2)years after the date of"substantial completion" of his Contract, and should any defect be discovered in any of the work included in this Contract within the period of two (2) years from the "substantial completion" of this Contract, the repair of such defect and the cost of such repairs shall be borne by the Contractor under their Contract. a. Substantial Completion: Substantial Completion shall mean that in general, the Work, excluding minor punch list items and appropriate paperwork to closeout the project is one hundred percent(100%)complete and ready for use by the Owner. g-17. 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 finds 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 has 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, make 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. i. 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. I. The parties hereto acknowledge that, as of the date of the execution of this agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded(a)by ten percent, if the original bid price is one hundred fifty thousand dollars($150,000)or more, or(b) by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-4 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 representative duly authorized agents, hereto affix our signatures and seals at Omaha, Nebraska; LAWNSMITH&CO., INC. CITY OF OMAHA Executed this9n day of S ,20 I1 I Executed this day of , 20 By: ZC-€411- 1,4‘lari&-5° (Authorized Signature) Jean Stothert, Mayor ri.00/ $YYIt` i'f ATTEST: (Printed Name) Title: P1(6, 1d0At Buster Brown, City Clerk 11/11L d7/ Witness g ature APPROVED AS TO FORM: 17.2-‘/, Assistan ity Attorney Trail Replacement,West Papio Trail in Barrington Park Agreement 00300.5 Bond No.889527P Performance and Payment Bond KNOW ALL MEN BY THESE PRESENTS: that LawnSmith&Co., Inc. as Principal, hereinafter called Contractor and, Developers Surety&Indemnity as Surety, hereinafter called Surety, are held and firmly bound unto City of Omaha as Obligee, hereinafter called Owner, in the amount of THIRTY FIVE THOUSAND SIX HUNDRED TWENTY FIVE AND NO/100 Dollars($35,625.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Contractor has by written agreement dated 08/08/14 , entered into a contract with Owner for Trail Replacement, West Papio Trail in Barrington Park which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITIONS OF THIS OBLIGATION are such that, if the Principal shall promptly and faithfully perform said Contract and made payment to all claimants, as hereinafter defined, for all labor and material used in the performance of the Contract,then this obligation shall be null and void; otherwise it shall remain in full force and effect,subject, however,to the following conditions: A) Whenever Contractor shall be, and by Owner to Contractor under the declared by owner to be in default under contract and any amendments the Contract,the Owner having thereto, less the amount properly performed Owner's obligations paid by Owner to Contractor. thereunder, the Surety may promptly B) remedy the default,or shall either 1 A claimant is defined as one having 1 Complete the Contract in a direct contract with the Principal accordance with its terms and for labor, material, or both, used or conditions; or reasonably required for use in the 2 Obtain a bid or bids for completing performance of the Contract, labor the Contract in accordance with its and material being construed to terms and conditions, and upon include that part of water, gas, determination by Surety of the power, light, heat, oil,gasoline, lowest responsible bidder, or, if the telephone service or rental of Owner elects, upon determination equipment directly applicable to the by the Owner and the Surety jointly Contract. of the lowest responsible bidder, 2 The above named Principal and arrange for a contract between such Surety hereby jointly and severally bidder and Owner, and make agree with the Owner that every available as Work progresses(even claimant as herein defined,who has though there should be a default or not been paid in full before the a succession of defaults under the expiration of a period of ninety(90) contract or contracts of completion days after the date on which the last arranged under this paragraph) of such claimant's work or labor was sufficient funds to pay the cost of done or performed, or materials completion less the balance of the were furnished by such claimant, contract price; but not exceeding, may sue on this bond for the use of including other costs and damages such claimant, prosecute the suit to for which the Surety may be liable final judgment for such sum or sums hereunder, the amount set forth in as may be justly due claimant, and the first paragraph hereof, subject to have execution thereon. The Owner the limitations in Paragraph D. shall not be liable for the payment of 3 The term"balance of the contract any costs or expenses of any such price,: as used in this paragraph, suit. shall mean the total amount payable C) No suit or action shall be commenced 2 After the expiration of one(1)year hereunder by any claimant, following the date on which the 1 Unless claimant, other than one Principal ceased Work on said having a direct contract with the Contract, it being understood, Principal, shall have given written however,that if any limitation notice to the following:the Principal, embodied in this bond is prohibited the Owner, and the Surety above by any law controlling the named,within ninety(90)days after construction hereof such limitation such claimant did or performed the shall be deemed to be amended so last of the work or labor, or as to be equal to the minimum furnished the last of the materials for period of limitation permitted by which said claim is made, starting such law. with substantial accuracy the 3 Other than in a state court of amount claimed and the name of competent jurisdiction in and for the the party to whom the materials county of other political subdivision were furnished, or for whom the of the state in which the Project, or work or labor was done or any part thereof, is situated, or in performed. Such notice shall be the United States District court for served by mailing the same by the district in which the Project,or registered mail or certified mail, any part thereof, is situated, and not postage prepaid in an envelope elsewhere. addressed to the Principal, Owner D) The amount of this bond shall be or Surety, at any place where an reduced by and to the extent to the payment office s regularly maintained for the or payments made in good faith hereunder, transaction of business,or served in inclusive of the payment by Surety of any manner in which legal process mechanics' liens which may be filed of may be served in the state in which record against said improvement,whether or the aforesaid project is located, not claim for the amount of such lien by save that such service need not be presented under and against this bond. made by a public officer. Signed and sealed this 18 day of AUG 2014. I ��r L4 ��JD d LawnSmith&Co., Inc. wane ,p.1 , ' tio,/, , y 4 Developers Surety&Indemnity Witness , , -4 t.IL %; _- , L. Sarah M. Starks,Attorney in Fact Davis Insurance Agency 2211 N 91 Ct, Omaha, NE 68134 APP OV D AS TO RM: g7,11. STANT CITY ATTORNEY47( POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby make,constitute and appoint ***Dick C.E.Davis,Sarah M.Starks,jointly or severally*"* as its true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation,as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporation could do,but reserving to each of said corporation full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,any Executive Vice-President,Senior Vice-President or Vice-President of the corporation be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attomey to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Seuetary or Assistant Secretary this October 41h,2011. By: 1_D4 t'wANO„yr, CrJ� Yp, Daniel Young,Senior Vice-President �p`rgppRq�Ey By. S -7-1"-c-e.171-- 10 Steve A.Tvedt,Vice-President soj 19 3 6 : State of California '•.,,, *........••��• County of Orange t On October 4,2011 before me, Antonio Alvarado,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Steve A.Tvedt Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 1 ANTONIO ALVARADO capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. g `= COMM.i 1880643 g NOD CAL MA S I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 3 lv ORANGE COUNTY true and correct. My comm.ems.Aut9,2013 it WITNESS my hand and official seal. Place Notary Seal Above Signature (: **4 Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this?` day of_ • - By: / regg Okur./; 'start Secretary ID-1438(Rev.10/11) LAWNS-3 OP ID:GM . A c•i R&' CERTIFICATE OF LIABILITY INSURANCE o„0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE CERTIFICATE INSURANCE DOES NOT CONSTITUTEVELY OR NEGATIVELY r ECONTTRRACCTT BETWEEN ER THE ��R(S), AUTHORIZED THE REPRESENTATIVEREPRESE TfATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is cal ADOFTIONAL INSURED,the prllcy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on tide certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER CONTACT mum Amy Mason Quinn Insurance,Inc Ems►4tf -891-1234 ( 402-891 125 111815 M Street,S4dte 9200 mt. Oman ,NE 68137-2232 Aamses:amasongulnninSuranCeacom Quinn newsmen Amara COVERAGE ruck o INSURER A:Iowa Mutual Group _..,14338 INSURED LawnSmith&Co,Inc. a 3731 State St SOURER c: Omaha,NE 68112 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: Tuts IS TO CERTHE INSURED NAMED ABOVE FOR THE POLICY PIOD INDICATED. NOl�WITHSTANINGTHAT THE ANANY REQUIREMENT,TEA OR CONDITION OF ANY CONTRACES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TT OR OTHER DOCUMENT WITH RESPECT TO WHICH HE 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. ADM UBn Iti m YYYI LIMITSPOLICY eta pR LTR IR TYPE OF INSURANCE ma Wm POLICY NUMBER GENERAL uAaILrrY EACH OCCURRENCE $ 1,000,000 A X commERCIAL GENERAL.Lueur( X ►036443MN 01/0112014 01/0112015RtNTED } $ 100,000 CLAIMS4AADE X OCCUR MED EXP(Any one poison) $ 5,000 PERSONAL&ADM INJURY _$ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEIrL AGGREGATE LEST APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,� �,0 —1 policy El m [i Loc ( D SINGLE LIMIT $ AUTOMOBILE LIABSJTY (Ea accident.) a 1, , A X ANY Aura A036443MN 01/01/2014 01/01/2015 BODILY INJURY(Per Peru) $ — ALL OWNED - SCHEDULED BODILY INJURY(Per aacid ot) S AUTOS AUTOSD PROPERTY DAMAGES X HIREDAUTOS X AUTOs (PER ACCIDENT) $ X ALA UAW 'X occtm EACH OCCURRENCE $ 2,000,E A EXCESS UAW CLAIMS-MADE 0A036443MN 01101/2014 01/01/2015 AGGREGATE a 2,000,000 DED {RETENTION$ $ WORKERS COMPENSATION X WC LAATU- 0111- AND ROPRIEEAS MORAY YIN A036443WL 0110112014 01/01/2015 EL EACH ACC a �,� A ANY PROF�RIErOR1PRIR1'NERIEX(cCt►TIVE OFFc delac EMLNR EXCLUDEIY? NIA E.L DISEASE_EA EMPLOYEE`$ Or� (yyeeqq 7►InI ! $DESCRIPTION - OPERATIONS below E.L DISEASE-POLi(Y LIMIT_$ , 000 DESCIOPTION OF OPERATIONS(LOCATIONS I V (Atedt ACORD tot,Additional Reworks SNredak,Emcee space le expand) CERTIFICATE HOLDER CANCELLATION CITYO-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VEX BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Omaha,Parks Recreations&Public Prop.Deb AUTHORIZED REPRESENTATIVE 1819 Farman Street Suite 701 Omaha„NE 88183 I - 01988-2010 ACORD CORPORATION. Ail rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD SECTION 00300 AGREEMENT This AGREEMENT made and entered into in quadruplicate, as of this day of , 2014 by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party of the first part and hereinafter called "OWNER", and LawnSmith & Co., Inc. with principal place of business at: 3731 State Street, Omaha, Nebraska,68112,hereinafter called"CONTRACTOR": WHEREAS, said Contractor did, under date of July 23, 2014 submit a proposal to construct as outlined in the proposal"Trail Replacement,West Papio Trail in Barrington Park"for the City of Omaha,for the sum of Thirty Five Thousand Six Hundred Twenty Five Dollars and No Cents ($35,625.00), 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. adopted ,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 "Trail Replacement, West Papio Trail in Barrington 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 "Trail Replacement, West Papio Trail in Barrington Park" 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 West Papio Trail, Barrington Park Subdivision, 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 "Trail Replacement, West Papio Trail in Barrington Park" in accordance with the aforesaid plans, specifications and addenda,and agrees to do so for the sum of($35,625.00). e. Owner agrees to pay Contractor said amount of ($35,625.00), 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 E. Bryers, FASLA, PLA I Park Planner II — Landscape Architect I Park Planning Division - City of Omaha Parks, Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-1 Recreation and Public Property Department; 1819 Farnam Street, Suite 701, Omaha, NE 68183-0701. Office: 402.444.4915; Direct: 402-444-3798; Mobile: 402-616-3724; Fax: 402-444-4921; email: dbryers(aci.omaha.ne.us 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 award 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 (100%) 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 the Owner's Representative 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 herein contracted for, or by or in consequence of any negligence in guarding the same or any improper material used in its construction, or by or on account of any act or omission of said Contractor or its servants, agents, and subcontractors; and also from all claims of damage or infringement of any patent in fulfilling this Contract. 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 ("Certification of Contribution Status" - form "NEBRUI Form 16") 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 ten percent (10%) 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 or applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin as defined by the Americans with Disabilities Act of 1990 and Omaha Municipal Code Sec 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. The Contractor shall take all actions necessary to comply with the Americans with Disabilities Act of 1990 and Omaha Municipal Code, (Chapter 13) including, but not limited to, reasonable accommodation. As used herein,the word "treated"shall mean and include,without limitation, Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-2 the following: Recruited, whether advertising or by other means; compensated; 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, 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, age, sexual orientation,gender identity,disability or national origin as recognized under 42 USCS 12101 et seq. g-9. The Contractor shall send to each labor union or representative of workers with which they have 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 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. g-10. 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, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs(7)through (13)of this subsection 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-11. 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(7)through(13)herein, including penalties and sanctions for noncompliance; however, 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 necessary to protect the interests of the City and to effectuate the provisions of this division; 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-12. The Contractor shall file and shall cause their 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 their subcontractors. g-13. The Contractor shall include the provisions of Paragraphs (7) through (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 (refer to Specification Section 00205 for more detail). g-14. 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 or rented in the performance of the Contract. g-15. Contractor agrees to commence work on the date specified in the notice from the Park Planning Division of the Omaha Department of Parks, Recreation and Public Property, and to substantially complete all the work within sixty (60) calendar days after approval of the purchase order for the work by the Omaha City Council and receiving the"Notice to Proceed"from the Park Planner. Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-3 g-16. The Contractor shall guarantee their work for material and workmanship for a period of two(2)years after the date of"substantial completion" of his Contract, and should any defect be discovered in any of the work included in this Contract within the period of two (2) years from the "substantial completion" of this Contract, the repair of such defect and the cost of such repairs shall be borne by the Contractor under their Contract. a. Substantial Completion: Substantial Completion shall mean that in general, the Work, excluding minor punch list items and appropriate paperwork to closeout the project is one hundred percent(100%)complete and ready for use by the Owner. g-17. 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 finds 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 has 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, make 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. i. 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. I. The parties hereto acknowledge that, as of the date of the execution of this agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded(a)by ten percent, if the original bid price is one hundred fifty thousand dollars ($150,000)or more, or(b) by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-4 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 representative duly authorized agents, hereto affix our signatures and seals at Omaha, Nebraska; LAWNSMITH&CO., INC. CITY OF OMAHA nd 1 Executed this,, day of L4 t t , 20 )4 Executed this day of , 20 By: (Authorized Signature) Jean Stothert, Mayor .6' lOY\ I ' l . SM4y1 ATTEST: (Printed- Name) Title: 0)ro- (II).1'\1..� Buster Brown, City Clerk ici) / /11( It-10110 oP . Witne Si ature APPROVED AS TO FORM: Assistan City Attorney Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-5 Bond No.889527P Performance and Payment Bond KNOW ALL MEN BY THESE PRESENTS: that LawnSmith&Co., Inc. as Principal, hereinafter called Contractor and, Developers Surety&Indemnity as Surety, hereinafter called Surety, are held and firmly bound unto City of Omaha as Obligee, hereinafter called Owner, in the amount of THIRTY FIVE THOUSAND SIX HUNDRED TWENTY FIVE AND NO/100 Dollars($35,625.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Contractor has by written agreement dated 08/08/14 ,entered into a contract with Owner for Trail Replacement, West Papio Trail in Barrington Park which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITIONS OF THIS OBLIGATION are such that, if the Principal shall promptly and faithfully perform said Contract and made payment to all claimants, as hereinafter defined, for all labor and material used in the performance of the Contract,then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however,to the following conditions: A) Whenever Contractor shall be, and by Owner to Contractor under the declared by owner to be in default under contract and any amendments the Contract, the Owner having thereto, less the amount properly performed Owner's obligations paid by Owner to Contractor. thereunder, the Surety may promptly B) remedy the default, or shall either 1 A claimant is defined as one having 1 Complete the Contract in a direct contract with the Principal accordance with its terms and for labor, material,or both, used or conditions; or reasonably required for use in the 2 Obtain a bid or bids for completing performance of the Contract, labor the Contract in accordance with its and material being construed to terms and conditions, and upon include that part of water, gas, determination by Surety of the power, light, heat,oil, gasoline, lowest responsible bidder, or, if the telephone service or rental of Owner elects, upon determination equipment directly applicable to the by the Owner and the Surety jointly Contract. of the lowest responsible bidder, 2 The above named Principal and arrange for a contract between such Surety hereby jointly and severally bidder and Owner,and make agree with the Owner that every available as Work progresses(even claimant as herein defined, who has though there should be a default or not been paid in full before the a succession of defaults under the expiration of a period of ninety(90) contract or contracts of completion days after the date on which the last arranged under this paragraph) of such claimant's work or labor was sufficient funds to pay the cost of done or performed, or materials completion less the balance of the were furnished by such claimant, contract price; but not exceeding, may sue on this bond for the use of including other costs and damages such claimant, prosecute the suit to for which the Surety may be liable final judgment for such sum or sums hereunder, the amount set forth in as may be justly due claimant, and the first paragraph hereof, subject to have execution thereon. The Owner the limitations in Paragraph D. shall not be liable for the payment of 3 The term"balance of the contract any costs or expenses of any such price,:as used in this paragraph, suit shall mean the total amount payable C) No suit or action shall be commenced 2 After the expiration of one(1)year hereunder by any claimant, following the date on which the 1 Unless claimant,other than one Principal ceased Work on said having a direct contract with the Contract, it being understood, Principal, shall have given written however,that if any limitation notice to the following:the Principal, embodied in this bond is prohibited the Owner,and the Surety above by any law controlling the named,within ninety(90)days after construction hereof such limitation such claimant did or performed the shall be deemed to be amended so last of the work or labor, or as to be equal to the minimum furnished the last of the materials for period of limitation permitted by which said claim is made,starting such law. with substantial accuracy the 3 Other than in a state court of amount claimed and the name of competent jurisdiction in and for the the party to whom the materials county of other political subdivision were furnished, or for whom the of the state in which the Project, or work or labor was done or any part thereof, is situated, or in performed. Such notice shall be the United States District court for served by mailing the same by the district in which the Project, or registered mail or certified mail, any part thereof, is situated, and not postage prepaid in an envelope elsewhere. addressed to the Principal, Owner D) The amount of this bond shall be or Surety, at any place where an reduced by and to the extent to the payment office s regularly maintained for the or payments made in good faith hereunder, transaction of business, or served in inclusive of the payment by Surety of any manner in which legal pnwess mechanics' liens which may be filed of may be served in the state in which record against said improvement,whether or the aforesaid project is located, not claim for the amount of such lien by save that such service need not be presented under and against this bond. made by a public officer. Signed and sealed this 18 day of AUG 2014. i )1/, ,P ._'v ' 'l% LawnSmith&Co., Inc. W <Aor-t_ - 4,..2-it .)4_ 1 a ��f t Developers Surety&Indemnity Witness f Sarah M. Starks,Attorney in Fact APPRO ED S TO FOR Davis Insurance Agency 2211 N 91 Ct, Omaha, NE 68134 ASSISTANT CITY ATTORNEY,1/ POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby make,constitute and appoint "`Dick C.E.Davis,Sarah M.Starks,jointly or severally'"* as its true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation,as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Attamey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporation could do,but reserving to each of said corporation full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,any Executive Vice-President,Senior Vice-President or Vice-President of the corporation be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attoney(s)named in the Power of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this October 4th,2011. BY 7, t ANO ' Daniel Young,Senior Vice-President .�'J```�-�'�40R•"'•�F� :yr40� gltx:��% By: �G4 vf/I o` 10 OCT :`Ci 936 Steve A Tvedt,Vice-President /0% t•. : as o State of California 0• County of Orange On October 4,2011 before me, Antonio Alvarado,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Steve A.Tvedt Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged tome that helshelthey executed the same in h istherAheir authorized • At TONIO AI.VARl1D0 capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of COMM.*1t which the person(s)acted,executed the instrument. %S '�/. bi I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is N.4749` WPM.coutvttrue and correct. My comm.inures Aug.S.2013 WITNESS my hand and official seal. Place Notary Seal Above Signature Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of ovine,Califonia,this;` day of .' By I• ,f` -•g Oku 0.47 istant Secretary ID-1438(Rev 10111) _ LAWNS-3 OP ID:GM ARE' r CERTIFICATE OF LIABILITY INSURANCE Q1/0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pofcy(fes)must be endorsed. If SUBROGATION IS WANED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemwrt(s). PRODUCER MEACT Amy Mason Quinn insurance,Inc. an:402-851-1234 402-891 1262 11815FAX Q M,SE � m�asurance.com .Isason J.Quinn p s)AFFORDRIG COVERAGE ?INC* INSURER A:Iowa Mutual Group 14338 INSURES LawnSrnith&Co,Inc. pit It: 3731 State St INSURER C: Omaha,NE 68112 INSURER D: INSURER E: INSURFRF: COVERAGES CERTFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY TWIT 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 POLICES-liMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLPJMS. 'TYPEiii LTR OF INSURANCE POLICY h Ufa POLICYYYYY), GENERALLUABLflY EACH OCCURRENCE $ 1,000,009 A X comme zct Ga of &mature X A036443MN 01101/2014 01/04/2015 t�nIAGE To£a RENTED ) $ 100,000 iS( ooaarenae, CLAWS-MADE OCCUR nED EXP(Any or*person) s 5,000 DTI!! PERSONAL&AOv INJURY $ 1.500,E ' GENERAL.AGGREGATE $ 2,000,000, GERI AGGREGATE PE car ' Lear APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 —1 POLICY I ( 1 I wC s 11UTO1IOB LE L ABRITY ,COMBINED SINGLE S LXJIlT $ 1,000,00S A X ANY aura A036443MN 01/01/2014 01/01t2015 BOaa.Y INJURY(Per person) $ ALL~ED SCHEMED BOOAY INJURY(Per accident) $ AUTOS _AUTOS X HIRED AUTOS X r.4.°1"E° PROPERTY DAMAGE (PER Accriern s s X umuiLLA LtAs X OCCUR EACH OCCURRENCE $ 2, ,00Q A EXCESS UAB CLAIMS-MADE A036443MN 01101/014 01101/2015 nr,GREoArE $ 2,000,0001 DEO 1 RETENTION$ $ . WORICERS COMPENSATION X T ATU- Atrt1 O LwBttrY Y IN A036443MN 0110112014 01101/20/5 EL EACH ACCIDENT $ 600,000 A �� NtA (Mandatory in►NH) - EL DISEASE-EA EMPLOYEE $ 600,000 D�OF OPERATIONS hebw E.L.DISEASE-POLICY UNIT,$ 500,000\ DESCRIPTION OF OPERATIONS I LOCATIONS I VEH CLES(III,ACORD 1@1,Add/Joed Reentries Schedule,Noose space it required) CERTFICATE HOLDER _CANCELLATION CITY0-4 SHOULD ANY OF THE ABOVE DESCRIBED PAS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Omaha,Parks Recreations&Public Prop.Dep AUTHORIZED REPRESENTATIVE Farnam1819Street Suite 701 Omaha„ `�� ...�.� Omaha„NEE68183 1 01988-2010 ACORD CORPORATION. A8 rights reserved. ACORD 25(2010106) The ACORD name and logo am registered marks of ACORD SECTION 00300 AGREEMENT This AGREEMENT made and entered into in quadruplicate, as of this day of , 2014 by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party of the first part and hereinafter called "OWNER", and LawnSmith & Co., Inc. with principal place of business at: 3731 State Street, Omaha, Nebraska,68112, hereinafter called"CONTRACTOR": WHEREAS, said Contractor did, under date of July 23, 2014 submit a proposal to construct as outlined in the proposal "Trail Replacement,West Papio Trail in Barrington Park"for the City of Omaha,for the sum of Thirty Five Thousand Six Hundred Twenty Five Dollars and No Cents ($35,625.00), 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. adopted , 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 "Trail Replacement, West Papio Trail in Barrington 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 "Trail Replacement, West Papio Trail in Barrington Park" 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 West Papio Trail, Barrington Park Subdivision, 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 "Trail Replacement, West Papio Trail in Barrington Park" in accordance with the aforesaid plans, specifications and addenda, and agrees to do so for the sum of($35,625.00). e. Owner agrees to pay Contractor said amount of($35,625.00), 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 E. Bryers, FASLA, PLA I Park Planner II — Landscape Architect I Park Planning Division- City of Omaha Parks, Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-1 Recreation and Public Property Department; 1819 Farnam Street, Suite 701, Omaha, NE 68183-0701. Office: 402.444.4915; Direct: 402-444-3798; Mobile: 402-616-3724; Fax: 402-444-4921; email: dbryers(c�ci.omaha.ne.us 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 award 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 (100%) 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 the Owner's Representative 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 herein contracted for, or by or in consequence of any negligence in guarding the same or any improper material used in its construction, or by or on account of any act or omission of said Contractor or its servants, agents, and subcontractors; and also from all claims of damage or infringement of any patent in fulfilling this Contract. 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 ("Certification of Contribution Status" - form "NEBRUI Form 16") 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 ten percent (10%) 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 or applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin as defined by the Americans with Disabilities Act of 1990 and Omaha Municipal Code Sec 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. The Contractor shall take all actions necessary to comply with the Americans with Disabilities Act of 1990 and Omaha Municipal Code, (Chapter 13) including, but not limited to, reasonable accommodation. As used herein,the word "treated"shall mean and include,without limitation, Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-2 the following: Recruited, whether advertising or by other means; compensated; 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, 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, age, sexual orientation,gender identity,disability or national origin as recognized under 42 USCS 12101 et seq. g-9. The Contractor shall send to each labor union or representative of workers with which they have 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 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. g-10. 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, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs(7)through(13)of this subsection 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-11. 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(7)through(13) herein, including penalties and sanctions for noncompliance; however, 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 necessary to protect the interests of the City and to effectuate the provisions of this division;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-12. The Contractor shall file and shall cause their 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 their subcontractors. g-13. The Contractor shall include the provisions of Paragraphs (7) through (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(refer to Specification Section 00205 for more detail). g-14. 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 fumished, and for the payment of material and equipment rental which is actually used or rented in the performance of the Contract. g-15. Contractor agrees to commence work on the date specified in the notice from the Park Planning Division of the Omaha Department of Parks, Recreation and Public Property, and to substantially complete all the work within sixty (60) calendar days after approval of the purchase order for the work by the Omaha City Council and receiving the"Notice to Proceed"from the Park Planner. Trail Replacement,West Papio Trail in Barrington Park Agreement 00300.3 g-16. The Contractor shall guarantee their work for material and workmanship for a period of two(2)years after the date of"substantial completion" of his Contract, and.should any defect be discovered in any of the work included in this Contract within the period of two (2) years from the "substantial completion" of this Contract, the repair of such defect and the cost of such repairs shall be borne by the Contractor under their Contract. a. Substantial Completion: Substantial Completion shall mean that in general, the Work, excluding minor punch list items and appropriate paperwork to closeout the project is one hundred percent(100%)complete and ready for use by the Owner. g-17. 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 finds 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 has 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, make 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. i. 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. I. The parties hereto acknowledge that, as of the date of the execution of this agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded(a) by ten percent, if the original bid price is one hundred fifty thousand dollars($150,000)or more, or(b) by seventy-five thousand dollars($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-4 Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City charter to approve immediate purchases. IN WITNESS WHEREOF, we the contracting parties, by our representative duly authorized agents, hereto affix our signatures and seals at Omaha, Nebraska; LAWNSMITH&CO., INC. CITY OF OMAHA rid?Executed this —day of ._ ,20 14 Executed this day of , 20 By� ) 4 i (Authorized Signature) Jean Stothert, Mayor LCLn ATTEST: (Printed Name) Title: f) Q. td O Yl+: Buster Brown, City Clerk al ib; Vi f9 Witnes i nature - t APPROVED AS TO FORM: 704 /y Assistant ity Attorney Trail Replacement,West Papio Trail in Barrington Park Agreement 00300-5 Bond No.889527P Performance and Payment Bond KNOW ALL MEN BY THESE PRESENTS: that LawnSmith &Co., Inc. as Principal, hereinafter called Contractor and, Developers Surety& Indemnity as Surety, hereinafter called Surety, are held and firmly bound unto City of Omaha as Obligee, hereinafter called Owner, in the amount of THIRTY FIVE THOUSAND SIX HUNDRED TWENTY FIVE AND NO/100 Dollars($ 35,625.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 08/08/14 , entered into a contract with Owner for Trail Replacement, West Papio Trail in Barrington Park which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW,THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if the Principal shall promptly and faithfully perform said Contract and made payment to all claimants, as hereinafter defined, for all labor and material used in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: A) Whenever Contractor shall be, and by Owner to Contractor under the declared by owner to be in default under contract and any amendments the Contract, the Owner having thereto, less the amount properly performed Owner's obligations paid by Owner to Contractor. thereunder, the Surety may promptly B) remedy the default, or shall either 1 A claimant is defined as one having 1 Complete the Contract in a direct contract with the Principal accordance with its terms and for labor, material, or both, used or conditions; or reasonably required for use in the 2 Obtain a bid or bids for completing performance of the Contract, labor the Contract in accordance with its and material being construed to terms and conditions, and upon include that part of water, gas, determination by Surety of the power, light, heat, oil, gasoline, lowest responsible bidder, or, if the telephone service or rental of Owner elects, upon determination equipment directly applicable to the by the Owner and the Surety jointly Contract. of the lowest responsible bidder, 2 The above named Principal and arrange for a contract between such Surety hereby jointly and severally bidder and Owner, and make agree with the Owner that every available as Work progresses (even claimant as herein defined, who has though there should be a default or not been paid in full before the a succession of defaults under the expiration of a period of ninety (90) contract or contracts of completion days after the date on which the last arranged under this paragraph) of such claimant's work or labor was sufficient funds to pay the cost of done or performed, or materials completion less the balance of the were furnished by such claimant, contract price; but not exceeding, may sue on this bond for the use of including other costs and damages such claimant, prosecute the suit to for which the Surety may be liable final judgment for such sum or sums hereunder, the amount set forth in as may be justly due claimant, and the first paragraph hereof, subject to have execution thereon. The Owner the limitations in Paragraph D. shall not be liable for the payment of 3 The term"balance of the contract any costs or expenses of any such price,: as used in this paragraph, suit. shall mean the total amount payable C) No suit or action shall be commenced 2 After the expiration of one (1)year hereunder by any claimant, following the date on which the 1 Unless claimant, other than one Principal ceased Work on said having a direct contract with the Contract, it being understood, Principal, shall have given written however, that if any limitation notice to the following: the Principal, embodied in this bond is prohibited the Owner, and the Surety above by any law controlling the named, within ninety(90) days after construction hereof such limitation such claimant did or performed the shall be deemed to be amended so last of the work or labor, or as to be equal to the minimum furnished the last of the materials for period of limitation permitted by which said claim is made, starting such law. with substantial accuracy the 3 Other than in a state court of amount claimed and the name of competent jurisdiction in and for the the party to whom the materials county of other political subdivision were furnished, or for whom the of the state in which the Project, or work or labor was done or any part thereof, is situated, or in performed. Such notice shall be the United States District court for served by mailing the same by the district in which the Project, or registered mail or certified mail, any part thereof, is situated, and not postage prepaid in an envelope elsewhere. addressed to the Principal, Owner D) The amount of this bond shall be or Surety, at any place where an reduced by and to the extent to the payment office s regularly maintained for the or payments made in good faith hereunder, transaction of business, or served in inclusive of the payment by Surety of any manner in which legal process mechanics' liens which may be filed of may be served in the state in which record against said improvement, whether or the aforesaid project is located, not claim for the amount of such lien by save that such service need not be presented under and against this bond. made by a public officer. Signed and sealed this 18 day of AUG 2014. rn+ / LawnSmith &Co., Inc. n ss �V1 .14>4 Developers Surety& Indemnity Witness / /1/ /1-/'V Sarah M. Starks , Attorney in Fact Davis Insurance Agency 2211 N 91 Ct, Omaha, NE 68134 APPR VED AS TO FOR : g/- /' ASSISTANT CITY ATTORNEY POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby make,constitute and appoint: ***Dick C.E. Davis,Sarah M.Starks,jointly or severally*** as its true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation,as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporation could do,but reserving to each of said corporation full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,any Executive Vice-President,Senior Vice-President or Vice-President of the corporation be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this October 4th,2011. By: L2 ►�'r y.E`'�Daniel Young,Senior Vice-President �( y� pti��y,a� e'/ OCT. `.`c's By: S e — wa" 10 scy Steve A.Tvedt,Vice-President /0 vi State of California lk ,hid County of Orange """"" On October 4,2011 before me, Antonio Alvarado,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Steve A.Tvedt Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged tome that he/she/they executed the same in his/her/their authorized _._AN f€3Ni0 64` capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of •�., 00MM •1� which the person(s)acted,executed the instrument. 2 W "`?*,a` PUBUCCALWORMA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY mccommexpfresAut6,2013 true and correct. WITNESS my hand and official seal. 010410 Place Notary Seal Above Signature ' Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate. } This Certificate is executed in the City of Irvine,California,this I day of l to By: �• )7e regg Okur.,/ifistant Secretary ID-1438(Rev.10/11) I LAWNS-3 OP ID:GM ''°� R CERTIFICATE OF LIABILITY INSURANCEDATE /' �„�,...-- CERT I 01102J2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS}, AUTHORIZED REPRESENTATIVE OR PRODUCER,AND TIE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDiTWNAL INSURED,the policy(le )must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the poliicy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder hi lieu of such endorsernenter). PRODUCER NA : Amy Mason 1111815 M,Street, �0 Insurance,Inc. 'mom,Ex0:402-891-1234 I 402-801-9252 Jason J.E 68137-2232 amason@quinninsurance.com inn DISUR {SI AFFORDING COVERAGE NAIC It INSURER A:lows Mutual Group 14338 INSURED UW14E/ith&Co,Inc. INSURER a: 3731 State St INSURER Omaha,NE 68112 INSURER D: INSURER E: INSURER F: _ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 NAY HAVE BEEN REDUCED BY PAID CLAIMS. LIR TYPE OFNSURNICE e� ia R yw poucY R IYYYYi QMMIi1IM O ) LBWS ORAL LIABILITY EACH OCCURRENCE $ 1,000A00 A X COMMERCIAL GENEH�AL LIABRITY X ,A036443MN 01/01/2014 01/01/2015 3 $ 100,000 C ArMs.MADE I^1 OCCUR MED E X?(My one pe +) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPUES PER PRODUCTS-COMP/OP AGG $ 2,000,000 T POLICY El f }l Loc $ ALRONIOBILE UAOIUTY ,CO BIKE SINGLE UNIT $ 1,000,00d (EsA X ANY AUTO A036443MN 01/01/2014 01/0112016 BODILY eLIURY(Per person) S ILVN A OED — SCtEIXAED BODILY INJURY(Par aociderA) $ — AUTOS AUTOS X HIRED AUTOS X PROPERTY ADE (PER IDS) $ $ X INIBRELLA LIAR X OCCUR EACH OCCURRENCE a 2,000,E A excess LIAO A036443MN 01101/2014 01/01/2015 A( REGATE $ 2,000,009 DED I RETENTION$ $ WOE COSNE SATIDN WC STATU OT . AND EMPLOYERS'i..nst TY X TORY LIMITS_ ER A ANY PROPRIETOR/PARTNERIEXECUTNE Y/N N 1 A A036443MN 01101/2014 01/01/2016 EL EACH ACCIDENT $ 500,000 (Mandatary - EL DISEASE-EA EMPLOYEE $ 500,000 �I OF OPERATIONS halo„ EL DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(AtladI ACORD 101,Addi$omi Remarks Sd scale,fame space Is required) CERTIFICATE HOLDER CANCELLATION CNTYO.4 SHOW)ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Omaha,Parks ACCORDANCEHE WITH T POLICY PROVISIONS. Recreations&Public Prop.Dep AumosumREPRESENTATNE 1819 Farnam Street Suite 701 Omaha„NE 68183 _ ---- : > - I ®1988.2040 ACORD CORPORATION. Ail rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on August 6, 2014, to provide fih tools, labor, mechanics for labor, equipment, and materials necessary for the demolition and replacement of sections of the West Papio Trail in Barrington Park, 764 North 164th Street, for the Parks, Recreation, and Public Property Department; and, WHEREAS, LawnSmith & Company, Inc. submitted the best bid, within bid specifications, attached hereto and made a part hereof, in the total amount of$35,625.00; and, WHEREAS, LawnSmith & Company, 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 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$35,625.00, from LawnSmith & Company, Inc. to provide all tools, labor, mechanics for labor, equipment, and materials necessary for the demolition and replacement of sections of the West Papio Trail in Barrington Park, 764 North 164th Street, being the best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. BE IT FURTHER RESOLVED that the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bonds. ;44 APPROVED AS TO ?/z i* ASSI TANT CITY ATTORNEY DA E p:1977tmb By Couticilmember Adopted SEP - a Z014 O city/‘fra4 Clerk g///' Approve . .. .. Mayor 74 NO. Resolution by Res. that, as recommended by the Mayor, the bid in the total amount of$35,625.00, from LawnSmith&Company, Inc. to provide all tools, labor, mechanics for labor, equipment, and materials necessary for the demolition and replacement of sections of the West Papio Trail in Barrington Park, 764 North 164th Street, being the best bid received within bid specifications, attached hereto and made a part hereof, is " hereby accepted. BE IT FURTHER RESOLVED that the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bonds. p:1977tmb Presented to City Council SEP - 92014 Adopted -i--6:- gaiter erown2 City Clerk