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RES 2014-1034 - Bid from Mackie Construction Inc for construction of portion of Southwestern Plaza Trail northeast of 144th and L Sts
OMAHA,NFg� , I r = _ Parks, Recreation & ` 1 Public Property Department art �i Or" t Omaha/Douglas Civic Center � j 1819 Farnam Street,Suite 701 t Omaha,Nebraska 68183 0701 oR 4� (402)444-5900 aTFD FEER-r FAX(402)444-4921 City of Omaha Brook Bench Jean Stothert,Mayor Director August 19, 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 Mackie Construction, Inc. to provide all tools, labor, mechanics for labor, equipment, and materials for the demolition, relocation, and construction of a portion of the Southwestern Plaza Trail (West Papio Trail), located east of South 144th Street and north of"L" Street, in the total amount of$107,665.00, for the Parks, Recreation, and Public Property Department. The Papio-Missouri River Natural Resources District (P-MRNRD) is partnering with the City of Omaha on this project and will reimburse the City 50% of the total construction costs related to this project. Mackie Construction, Inc. submitted the best bid for the project. The low bid received from Anderson Excavating was withdrawn on July 3, 2014. The following bids were received on June 25, 2014: CONTRACTOR BID MACKIE CONSTRUCTION, INC. $107,665.00 (BEST BID) Anderson Excavating $ 68,150.00 Shawmark Concrete $107,926.00 Dostal's Construction $110,000.00 Swain Construction $111,247.25 ME Collins Contracting $129,575.00 Mackie Construction, Inc. has on file a current Annual Contract Compliance Report Form (CC- 1). As is City policy, the Human Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance. Page -2- Honorable President and Members of the City Council Finance Department is authorized to pay the Funds in the total amount of$107,665.00 to Mackie Construction, Inc. from the 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bonds. The Parks, Recreation, and Public Property Department recommends the acceptance of the bid from Mackie Construction, Inc., being the best b;3 received, and requests your consideration and approval of this Resolution. Respectfully su itted, Approved: \ r) /7 /)6)U) '-- Yf O'Cikki. //1 i ') / 3( rook Benc , Director ate Human Rights and Relations D 1 Parks, Recreation, and Public Property Department Approved as to Funding: Referred to City Council for Consideration/`--/5 62.4 gi)Y fri/ . ---14,.....›..3-k)ljettk- ts-pq tephe B. Curtiss a Mayor's Office/Title Date Finance Director f` p:1972tmb BID BOND: 5% Douglas County Purchasing TABULATION OF BIDS ON: CITY OF OMAHA Southwestern Plaza Trail Relocation Anderson ME Collins Dostal's Mackie Shawmark Swain Excavating Contracting Construction Construction Concrete Construction Date of Opening Page 1 June 25, 2014 Department As Read in Bid Committee DC ENGINEER Quantity DESCRIPTION UNIT UNIT UNIT UNIT UNIT UNIT PRICE PRICE PRICE PRICE PRICE PRICE Southwestern Plaza Trail Relocation TOTAL BASE BID: $68,150.00 $129,575.00 $110,000.00 $107,665.00 $107,926.00 $111,247.25 Alternate#1 Alternate#2 Alternate#3 • ADDENDUM #1 ACKNOWLEDGED Yes Yes Yes Yes Yes Yes ADDENDUM #2 ACKNOWLEDGED Yes Yes Yes Yes Yes Yes Bid Bond Received: B B B B B B 7/28/2014 Enterprise Mail-Southwest Plaza Trail Relocation Southwest Plaza Trail Relocation Tanner Almery <anderson.excavating@hotmail.com> Thu, Jul 3, 2014 at 4:47 PM To: "dennis.bryers@ci.omaha.ne.us" <dennis.bryers@ci.omaha.ne.us> Dennis, On behalf of Anderson Excavating we would like to formally excuse Anderson for the request to accept the notice of lowest responsive bidder for the Southwest Plaza Trail Relcocation project. This notice comes with much regret that we could not proceed with the intended award of the aforementioned project. Please let me know if you have any additional questions or requests. Thank you. Tanner Almery Construction Manager Anderson Excavating Co. 1920 Dorcas St. Omaha, NE 68108 Office: (402)345-8800 Fax: (402)345-8810 https://mail.goog le.com/mail/u/0/?ui=2&ik=c6d20f8fe7&viewpt&as_subj=Southweastern%20PIaza&as_sizeoperator=s_sl&as_sizeunit=s_smb&as_subset=all&... 1/1 e a Bid Form(Rev.01-2014) DEB DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA SOUTHWESTERN PLAZA TRAIL RELOCATION RETURN BIDS TO: Published:4 JUNE 2014 CITY CLERK,LC-1 OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER Page 1 of 4 Pages 1819 Famam Street Omaha,Nebraska 68183-0011 BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE TOTAL.AMOUNT FOR THE ITEMS OFFERED IS$20,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CRY OF OMAHA". Bid Opening Date: 11:00 A.M. 25 JUNE 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.wfren submitting bid on hems fisted,bidder may on a separate sheet make suggestions indicated, In sealed envelope marked BID ON: SOUTHWESTERN PLAZA TRAIL covering reduction In costs wherever this is Possible through redesign,change of material RELOCATION. or utittehon of standard items or quantity change. 2.As evidence of good faith a bid bond or certified check must be submitted with bid.Bid • Bond or certified diedc shall be made payable to the'City of Omaha'. FAILURE TO 00 PLEASE DO NOT CALL FOR THIS INFORMATION. SO IS CAUSE FOR REJECTION 3.Right is reserved to accept or reject any or all bids in their entirety and the bidders 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 w10 be furnished.Do not include tax in bid. Quote your lowest price,best delivery and terms,F.O.B.delivery point on the terrtrs(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 E & A Consulting Group, Inc., 330 N. 117e St., Omaha, NE 68154 for the Southwestern Plaza Trill Relocation and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO 01 .THROUGH 02 • . It is understood (a)that as to the contract which may be awarded upon this proposal,the Contract period will be the term beginning with the notice to proceed and ending with the acceptance of the work,the number of consecutive calendar days hereinafter agreed on;and(b)that R is the intention of the Park Planning Division that a contract shall be awarded to the bidder regarded by the City of Omaha as having submitted the lowest and best bid,having regard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park Planning Division best to meet the requirements of the Park Planning Division;material purchased for this project will be State of Nebraska and City sales tax exempt. On the foregoing,understand that the bidder hereby offers and proposes to furnish all labor,all materials and all else whatsoever necessary to construct and properly finish all the work in connection with"Southwestern Plaza Trail Relocation,West Papio Trail,East of S.144th St.and north of Superior Honda of Omaha,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: One Hundred Seven Thousand Six Hundred Sixty Five Dollars and Zero Cents ($107, 665.00 Note:'Refer to page 2 of 4 for Bld Bond,Completion Date&Performance Bond and page 3 of 4 for Insurance Requimments. Refer any questions regarding the Bid or Contract Documents directly to the Paris Planning Divlslon at 402-444.5900 or as noted in tlta Contract Documents. • Al bidders awarded a contract in the amount of$5,000 or more must comply wi h 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 DepaMrent at 402-444-5055. (Please Print Legibly or Type) Firm Mackie Construction, Inc. Incorpora in Nebraska . Name Kurt Mackie Signature '/`/ Title President Phone 402-957.-7253 Fax 402-933-3494 • Address 3333 S. 61st Ave. Suite 200, Omaha, NE 68106 Street!P.O.Box City State Zip • E-Mail Address kferguson@mackieconcrete.corn Bid Form(Rev.01-2014) DOUGLAS COUNTY REQUESTIFOR BID AND BID SHEET ON: CITY OF OMAHA SOUTHWESTERN PLAZA TRAIL RELOCATION NOT AN ORDER Page 2 of 4 Pages The bidder hereby states that the above total cost to the City of Omaha includes all material,taxes,insurance royalties;transportation charges,use of ail necessary tools and equipment, supervision, inspection and tests of materials, bond and overhead expense, ail equipment furnished in 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"Southwestern Plaza Trail Relocation",dated 1 August 2014 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 the City of Omaha,in the sum of FIVE PERCENT ($' —5%— ),which is at least five percent(5%)of the aggregate amount of the proposal. It is agreed that, in the event the bidder is awarded a contract based on this proposal,or a part thereof and fails or refuses to execute a written contract or falls to furnish a performance bond within ten days after the award of said contract,the sum deposited herewith-shall be retained by the City of Omaha as liquidated damages and not as a penalty,as it is expressly agreed that said sum is a fair measure of the damages which will be sustained by the City of Omaha in case of any such failure or refusal on the part of the-bidder. The said sum,however,will be returned to the bidder; if and when he shall faithfully keep and perform all of the conditions set fourth in the advertisement and the requirements for bidding and Instructions to bidders,and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska,and listed on the current edition of Circular 570 of the United States Dept.of the Treasury. NOTICE: Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the bidder as signed.thereto is complete and correct,in accordance with the instructions to bidders,it may be rejected as informal. COMPLETION DATE: The contract completion date for this project shall be 31 October 2014. All work associated with the project shall be completed on or before this date. PERFORMANCE BOND: Refer to Specification Section 00200, "Instructions to Bidders", Part 2.10, °Bond Submission' and Section 00400, 'Performance, Payment Maintenance Bond"requirements. SIGN ALL COPIES Firm Mackii��""'" ruc ianc. By Tie President Bid Form(Rev.01-2014) . DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA SOUTHWESTERN PLAZA TRAIL RELOCATION NOT AN ORDER Page 3 of 4 Pages INSURANCE REQUIREMENTS: Refer to Specification Section 00500, 'General Conditions of the Contract for Construction', Part 2.15, 'Contractor's Insurance' for insurance requirements. • • • • • SIGN ALL COPIES Firm Mack/ ,Llipi itru onl+Inc; • By �% I�J!''l17 .411I Title President Bid Form(Rev.01-2014) DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA SOUTHWESTERN PLAZA TRAIL RELOCATION NOT AN ORDER • Page 4 of 4 Pages Responsible Contractor Compliance Form RC-1 f,,NbNA Af, • T ..�.l.,f.a.- 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. • 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 employment in the United States and that the Contractor and all 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.). Oitk +Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.Stat. �/,� Section 73-104 et seq.). Ik-I-Contractor has not been convicted of any tax violations(local,State and Federal)within the last three years from the date this bid is submitted. , • +Contractor has not,upon final determination by the Occupational Safety and Health Administration,been convicted of a 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. • . • R.74 6/24/2014 Signature Date By signing,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$500 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 10 years. DOUGLAS COUNTY PURCHASING DEPARTMENT 1819 FARNAM STREET 902 CIVIC CENTER OMAHA NEBR 68183 PHONE (402)444-4954 FAX (402) 444-4992 June 13, 2014 NOTICE TO BIDDERS: REQUEST FOR BID ON Southwestern Plaza Trail Relocation West Papio Trail Omaha, NE 68112 Bid Opening Date: Wednesday, June 25, 2014, at 11:00 a.m. CST ADDENDUM NO. 1: Modifications to the original specifications and drawings, dated June 4, 2014, per this one (1) page. PRE-BID MEETING: There will be a non-mandatory, pre-bid meeting on Tuesday, June 17, 2014, from 8:30 am to 9:15 am. The meeting will be held in Suite 702 (7th floor) in the Omaha-Douglas Civic Center, 1819 Farnam Street, Omaha, NE 68183. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDUM COVER SHEET WITH YOUR BID. END OF ADDENDUM ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDU t COVER SHEET WITH YOUR BID. t , a Ara-rsen —Assistance Purchasing Agent Mackie Construction dnc. 3333 South 61 st Ave Omaha, NE 68106 Name of Fir 1,. Signed By Presided Title DOUGLAS COUNTY PURCHASING DEPARTMENT 1819 FARNAM STREET 902 CIVIC CENTER OMAHA, NE 68183-0902 PHONE (402)444-4954 FAX(402)444-4992 June 20, 2014 NOTICE TO BIDDERS: REQUEST FOR BID ON Southwestern Plaza Trail Relocation East of South 144th Street and North of Superior Honda of Omaha, Omaha, NE Bid Opening Date: Wednesday, June 25, 2014, at 11:00 a.m. CST ADDENDUM NO. 2: Modifications to the original specifications and drawings,dated June 4 2014, as per the attached eight (8)pages. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDENDUM COVER SHEET WITH YOUR BID. END OF ADDENDUM ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING BELOW AND RETURNING THIS ADDEND fl COVER SHEET WITH YOUR BID. . / Anderso ssistant urchasing Agent Mackie Construction Inc. 3333 South 61st Ave Omaha, NE 68106 Name of Fi z". ��/I,,� Signed By "PaZca Title SECTION 00300 AGREEMENT This AGREEMENT made and entered into in quadruplicate, as of this 17 day of , 2014 by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party of t e first part and hereinafter called "OWNER", and Mackie Construction, Inc. with principal place of business.at: 3333 S. 61st Ave, Suite 200, Omaha,Nebraska,68106, hereinafter called"CONTRACTOR": WHEREAS, said Contractor did, under date of June 25, 2014 submit a proposal to construct as outlined in the proposal "Southwestern Plaza Trail Relocation" for the City of Omaha, for the sum of One Hundred Seven Thousand Six Hundred Sixty Five Dollars and No Cents ($107,665.00), 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. /2i adopted L/944/- 4 010/f/ ,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 "Southwestern Plaza Trail Relocation", 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 "Southwestern Plaza Trail Relocation" 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 Southwestern Plaza Trail Relocation,West Papio Trail,located east of S. 144th St.and north of Superior Honda of Omaha,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 "Southwestern Plaza Trail Relocation" in accordance with the aforesaid plans, specifications and addenda, and agrees to do so for the sum of$107,665.00. e. Owner agrees to pay Contractor said amount of $107,665.00, 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, Southwestern Plaza Trail Relocation 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(cilci.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, Southwestern Plaza Trail Relocation 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 by October 31,2014. Southwestern Plaza Trail Relocation 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 Southwestern Plaza Trail Relocation 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; MACKIE CONSTRUCTION, INC. CITY OF OMAHA Executed this iU day of Z\ y , 20 /7 Executed this ortof aya- , 20 9 jjy6 didt By: (Authorized Signature) Jean Stothert, Mayor U-t /14afki€ ATTEST: (Printed Name) 0:41‘:% Title: Buster Brown, City Clerk Witness Signature - APPROVED AS TO FORM: Assist y Attorney Southwestern Plaza Trail Relocation Agreement 00300-5 ...,.-....../.... .a....-.-.. Bond Number GRNE28079 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) Mackie Construction, Inc. Granite Re, Inc. 3333 S.61st Ave. 14001 Quailbrook Dr. Omaha, NE 68106 Oklahoma City,OK 73134 OWNER: (Name,legal status and address) City of Omaha 1819 Farnam St. Omaha, NE 68183 CONSTRUCTION CONTRACT Date: Amount: $107,665.00 Description: (Name and location) Southwestern Plaza Trail Relocation BOND Date:July 21,2014 (Not earlier than Construction Contract Date) Amount: $107,665.00 Modifications to this Bond: a None ❑❑See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Come . (Corpora eau) MACKIE CONSTRUCTION, INC. RANITE RE, INC. Signature: Signature: Name i4u t 4- f't ,Pr N. •• and Title: d Title. J-••- 1. King,Attorney-in-Fact (Any additional signatures appear on the lartpage of thi 'erfo • :ond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Gene Lilly Surety Bonds, Inc. (Architect Engineer or other parly.) 3440 0 St. Lincoln, NE 68510 This document has important legal consequences.Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. This document combines two separate bonds,a Performance Bond and a Payment Bond,into one form.This is not a single combined Performance and Payment Bond. By arrangement with the American Insritute of Architect.,,the National Association of Surety Bond Producers(NASBP)(www nsshp.orti makes page this flu document available to its members,affiliates,and assodates in Microsoft Word for at foe use in the regular course of surety business. NASBP vouches that the origina text of this document conforms exactly to the tett in AIA Document A312-2010,Performance Bond and 1/9 N A S 13 p Payment Bond.Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10) business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for deniaL §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. By arrangement with the American Institute of Architects,the National Association of Surety Bond Producers(NASBP)(wwwnashP orgi rakes Page this form document available to its members,affiliates,and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010,Performance Bond and 2/9 N AS fj f' Payment Bond.Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. By arrange the Americ s an Institute of Architects,the National Association of Surety Bond Producers(NASBP)(v b prn.orvl makes Page this form documr ment with emhc available ro its members,affiliates,and associates in Microsoft Word fo..uat for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010,Performance Bond and 3/ 9 NASBP Payment Bond.Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. 15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 5 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seai9 Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: APPROVED AS TO FOR AS 5t5 ANT CITY Y_ By arrangement with the American Institute of Architects,the National Association of Surety Bond Producers(NASBP)(www nasbp.org)makes Page this form document available to its members,affiliates,and associates in ll&rosoft Word format for use n the regular course of surety business. NASBP vouches that the orig nal text of this document conforms exactly to the text in AIA Document A312-2010,Performance Bond and 4/ 9 N A S(3 P Payment Bond.Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. Payment Bond CONTRACTOR: SURETY: (Name,legal status and as itrq) (Name,legal status and principal place of business) Mackie Construction, Inc. Granite Re, Inc. 3333 S.61st Ave. 14001 Quailbrook Dr. Omaha,NE 68106 Oklahoma City,OK 73134 OWNER: (Name,legal status and address) City of Omaha 1819 Farnam St. Omaha, NE 68183 CONSTRUCTION CONTRACT Date: AmMat $107,665.00 Description: Southwestern Plaza Trail Relocation (None and docr>tron) BOND Date: July 21,2014 plot eanferthan Condnrdion C.onfirutDa*) Am°unt $107,665.00 Modifications to this Bon& ®None ] See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: S4 Compan' (Corporate Seal) MACKIE CONSTRUCTION, INC. G'. ITE RE, INC. Signature: � Signature: Name andTidekt,AxE IMQC,k1�, J&II-}— Name and '. g,Attorney-in-Fact (.Any additional signatunr appear on the laspage of this PaymentB (FOR INFORMATION ONLY—Name,address and to",' e AGENT or BROKER: OWNER'S REPRESENTATIVE: Gene Lilly Surety Bonds, Inc. (Arrbikct,Engineer orotherparty: 3440 0 St. Lincoln, NE 68510 This document has important legal.consequences.Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. This document combines two separate bonds,a Performance Bond and a Payment Bond,into one form.This is not a single combined Performance and Payment Bond. By amtagemmt with the American Institute of Architects,the Nadeau].Assooatian of Surety Bond Produces(NAMBP) (wawsuasbo osl males page rr this form document available to its members,affiliates,and associates in NEctosoft word format for use in the regular comae of surety business. N A S P NASBP vouches that the original tat of this doc oonfo erectly to the teat in AIA Document A312-2010,Performwoe Bond and 5/9 Payment Bond.Subsequent moth ors may be made m the®a original ter of this document by useq so tatdu l teviea of its woaling and consultation with an attorney are enoouagcd before its completion,ezecution or acceptance. §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators, successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following. §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was, furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety (at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. By arrangement with the American Institute of Architects,the National Association of Surety Bond Producers(NASBP)(www nashp ory makes Page ry this fouu document available to its members,affiliates,and associates in Microsoft Word format for use in the regular course of surety business. • NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010,Performance Bond and 6/9 N As[;p Payment Bond.Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. By arrangement with the American Institute of Architcus,the National Association of Surety Bond Producers(NASBP)(www.nashp mg)makes Page this form document available to its members,affiliates,and associates in Microsoft Word format for use in the regular course of surety business NASBP vouches that the original rev of this document conforms exactly to the text in ALA Document A312-2010,Performance Bond and 7/9 NASBP Payment Bond.Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sea9 Company: (Corporate Seal) Signature: Signature: Name and Tide: Name and Tide: Address: Address: APPROVED AS TO F k ASS NT CIT fi@RPIE'f— By arrangement with the A e ca Institute of Architects,the National Association of Surety Bond Producers(NASBP)(www.nasbn.org makes page this foam document available to.its members,affiliates,and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010,Performance Bond and 8/9 NAS Q j) Payment Bond.Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance • GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: ROBERT T. CIRONE;JAMES M. KING;JACOB J. BUSS; SUZANNE P. WESTERHOLT; THOMAS L. KING its true and lawful Attorney-in-Fact(s) for the following purposes,to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: ROBERT T. CIRONE;JAMES M. KING; JACOB J. BUSS; SUZANNE P. WESTERHOLT; THOMAS L. KING may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused th's instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer,this 15`h day of May, 2014. Kenneth D.Whittin on, President STATE OF OKLAHOMA ) SEAL SS: /47G7/ / COUNTY OF OKLAHOMA ) Kyler'. McDonald,Treasurer On this 15'day of May, 2014, before me personally came Kenneth D.Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation,and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: ( i ,.,,,»,,,I»,,. August 8, 2017 \\ Nota Public Commission #: 01013257 GRANITE RE, INC. Certificate. THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc.,an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc.and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED,that the President, any Vice President,the Secretary,and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF,the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 21 st day of July , 20 14 TE HF »» ,tio /1'Tyz21./ SEAL y Kyle P. McDonald, Secretary/Treasurer GRO800-1 Page 9/9 MACKI-1 OP ID: SCBE ,41C4::;ORC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 04/21/2014 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 POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) 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 this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Michael McCashland Agency McCashland KirbyIns NAME: PHONEO 402-466-2800 FAX 402-466-3229 8231 Northwoods Dr,Ste A Lincoln,NE 68505 E-M(arcAIL,No,E:t): (a/c,No): Michael McCashland ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:United Fire Group 13021 INSURED Mackie Construction, Inc. INSURER B: Kurt Mackie 3333 S 61 st Ave. INSURER C: Omaha, NE 68106 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP/Y LIMITS LTRINSD WVD POLICY NUMBER (MM/DDYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 60430363 04/22/2014 04/22/2015 DAMAGE TO RENTED PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PE° LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000,000 (Ea accident) r A ANY AUTO I 60430363 04/22/2014 04/22/2015 BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE 60430363 04/22/2014 04/22/2015 AGGREGATE $ 5,000,000 DED X RETENTION$ 10000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y!N 60430363 04/22/2014 04/22/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Property Section 60430363 04/22/2014 04/22/2015 A Equipment Floate 60430363 04/22/2014 04/22/2015 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Omaha is an Additional Insured on the General Liability coverage as required by written contract. CERTIFICATE HOLDER CANCELLATION CITYOFO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Omaha THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam ACCORDANCE WITH THE POLICY PROVISIONS. Omaha, NE 68183 AUTHORIZED 7 � J REPRESENTATIVE/ '17 7,4 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) 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 or, June 25, 2014, to provide all tools, labor, mechanics for labor, equipment, and materials for the demolition, relocation, and construction of a portion of the Southwestern Plaza Trail (West Papio Trail), located east of South 144th Street and north of"L" Street, for the Parks, Recreation, and Public Property Department; and, WHEREAS, Mackie Construction, Inc. submitted the best bid, within bid specifications, attached hereto and made a part hereof, in the total amount of$107,665.00; and, WHEREAS, the low bid received from Anderson Excavating was withdrawn on July 3, 2014; and, WHEREAS, the Papio-Missouri River Natural Resources District (P-MRNRD) is partnering with the City of Omaha on this project and will reimburse the City 50% of the total construction costs related to this project; and, WHEREAS, Mackie Construction, Inc. has complied with the City's Contract Compliance Ordinance No. 28885 in relation to Civil Rights - Human Relations; and, WHEREAS, the Mayor has recommended 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$107,665.00, from Mackie Construction, Inc. to provide all tools, labor, mechanics for labor, equipment, and materials for the demolition, relocation, and construction of a portion of the Southwestern Plaza Trail (West Papio Trail), located east of South 144th Street and north of"L" Street, being the best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. By Cou nc i lmem be r Adopted City Clerk Approved Mayor NO. Resolution by Presented to City Council gutter grown City Clerk C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska Page 2 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. APPROVED AS TO FORM: 7 z5-iY A T Y RNEY DATE p:1973tmb By A . Corru��ncilmember Adopted AUG1 9 2014 --CJ City Clerk 00 Approve f� Mayor f NO 31/ Resolution by Res. that, as recommended by the Mayor, the bid in the total amount of$107,665.00, from Mackie Construction, Inc. to provide all tools, labor, mechanics for labor, equipment, and materials for the demolition, relocation, and construction of a portion of the Southwestern Plaza Trail (West Papio Trail), located east of South 144th Street and north of"L" 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 amodnt shall be paid from the 2010 Parks and Recreation i;ond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bonds. p:1973tmb Presented to City Council AUG 1 9 2014 Adopted 7 - gudter grown City Clerk