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.
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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)
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■ 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
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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.
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SIGN ALL COPIES Firm l au)ll rY) t)
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Title I
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• 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
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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 :
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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
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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