RES 2002-1889 - Contract to Swain Construction for Fire Station #55 site improvements • t
AHA,4yF I� /��/
A°`11� 1, Administrative Services Department
v 1f ki �t Omaha/Douglas Civic Center
2 �� 1819 Farnam Street,Suite 706
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o�e �• Omaha,Nebraska 68183-0706
o 4~ (402)444-5942
•44TFo FEBR FAX(402)444-5903
City of Omaha David G.Johnson
Mike Fahey,Mayor Acting Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Bid Tabulation and a Resolution authorizing the award of a contract to
Swain Construction for Fire Station No. 55 Site Improvements project located at 2909 North
144th Street, Douglas County, Omaha,Nebraska.
The following bids were received on July 10, 2002.
Contractor Total Bid
Swain Construction $134,600.00 Lowest Bid
Leazenby Construction, Inc. $135,079.00
All Purpose Utilities Inc. $155,550.00
Divercon Construction, Inc. $156,400.00
Heimes Excavating &Utilities Co. $173,440.00
The contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is
City policy, the Human Relations Director will review the contractor to ensure compliance with
the Contract Compliance Ordinance.
The Finance Depaitnlent is authorized to pay the cost of Fire Station No. 55 Site Improvements
project from the 1996 Public Facility Bond Fund 13237, Organization 131841 ($97,600) and
Municipal Infrastructure Redevelopment Fund 12132, Organization 131841 ($37,000). The
funding year is 2002.
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CITY OF OMAHA
REQUEST FOR BID AND BID SHEET
ON: FIRE STATION NO. 55 SITE IMPROVEMENTS
• Page 1 of 2
FROM: Frank Barbour
Acting City Purchasing Agent NOT AN ORDER Published:June 19,2002
1003 Omaha-Douglas Civic Center
1819 Famam Street BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT
Omaha,Nebraska 68183-0011 • OF 5% IF THE TOTAL AMOUNT FOR THE ITEM
OFFERED IS S20,000 OR MORE.
Bid Closing Date: July 10.2002
11:00 A.M.
IMPORTANT 4. If Federal Excise Tax applies,show amount of same and deduct.
Exemption certificates will be furnished. Do not include tax in bid.
1.Bid must be in the office of the CITY CLERK,LC-1,OMAHA-DOUGLAS CNIC CENTER,
1819 Famam Street,Omaha,NE 68183-0011 by the dosing date and time indicated.
in a sealed envelop marked BID ON: 5. BID MUST INCLUDE ANY DEUVERY OR SHIPPING CHARGES.
FIRE STATION NO.55 SITE IMPROVEMENTS
6. When submitting bid on items listed,bidder may on a separate sheet,make •
2.As evidence of good faith a bid bond or certified check must be submitted with bid. suggestions covering reduction in costs wherever this is possible through
FAILURE TO DO SO IS CAUSE FOR REJECTION. redesign,change of material or utilization of standard items or quantity change.
3.Right is reserved to accept or reject any or all bids in their entirety and the bidders shall 7. It you do not desire to bid,return sheets with reasons for declining. Failure to do so
have the right to appeal any decision to the City Council. Right is also reserved to will indicate your desire to be removed from our mailing list If you desire a copy of
accept or reject any part of your bid unless cthenvise indicated by you. tabulation,check I j.
PLEASE DO NOT CALL FOR THIS INFORMATION.
• Quote your lowest price,best delivery and terms,F.O.B.delivery point on the item(s)listed below:
This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and
instructions to bidders and (c)the specifications prepared by the Contract Administration Division of the Department of
Administrative Services for the FIRE STATION NO.55 SITE IMPROVEMENTS located at 2909 North 144th Street
Omaha,Nebraska;and,that the bidder has made all the examinations and investigations required by said documents.
BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO. . ,THROUGH .
" It is understood(a)that as to the contract which may be awarded upon this proposal,the Contract period will be the term
beginning with the 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 Contract Administration 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 Contract Administration Division to best meet the
requirements of the Contract Administration 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 material,labor and equipment to complete the JOINT USE FACILITY-MASTER PLAN RENOVATION ,,
irrk�accordance wi. the provisions of this proposal and document . Total price for all work includes in the sum of$ line
4►U nclfed
thwiy -Eoutr thi;u4uvt.) Stx intIntired thvttl ti�: Wu — ($PH.(CC.cc 1.
THERE WILL BE AN ON SITE PRE BID MEETING WEDNESDAY WEDNESDAY,JUNE 26,2002 AT 10:00 AM
FIRE STATION NO.55 AT 2909 NORTH 144TH STREET
IF YOU HAVE ANY QUESTIONS PLEASE CONTACT MIKE RUMA AT(402)444-5949
NOTE: NEW BID INFORMATION IN SECTION IVa.
Refer any questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department(402)444-5400 or as shown on
bid.All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance
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 should be directed to the Human relations Department at(402)444-5055
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms 90 % n1 Firm 001C:idY1 Cent ruC�I0 1 Incorporated in I/1e'v
r 3� (uSLGI
(State) /
elive or completion) Name
(�L I f u iC� S'V�(C t1 Y1 Signatu�e_,c_ 7c LC' i�!'t.., .i.".. 7 �•C i
3 V calendar days following award Title r t Ot Y) (PhonL9 0 z)(n�I-11 - I I t O axCy oi') I,1) 3 OL i
Address (�CC� VI�v1\1 `d`1fln C.trde nYrk,Ar11 V'E b813L1
Street/P.O.Box City State Zip
Email Address
CITY OF OMAHA
REQUEST FOR BID
ON: FIRE STATION NO.55 SITE IMPROVEMENTS
Page2of2
NOT AN ORDER
The bidder hereby states that the above total cost to the City of Omaha includes all material, taxes, insurance royalties;
transportation charges, use of all necessary tools and equipment, supervision, inspection and tests of materials, bond and •
overhead expense, all equipment furnished in accordance with the requirements of the contract documents considered
severally and collectively.
"The bidder agrees that construction will be completed in calendar days after notice to proceed."
It is understood that the contract documents shall consist of the advertisement,the requirements for bidding and instruction
to bidders, this proposal and drawing sheet titled: FIRE STATION NO. 55 SITE IMPROVEMENTS
and dated June 2002 the specifications and the duly executed agreement or contract proper; that,said documents are
complementary and that which is required, shown or specified by any one of these, shall be as binding as if required by all.
The bidder hereby represents that the price contained in this proposal is neither directly nor indirectly the result of any
agreement or any secret understanding with anyone with respect to any provisions contained in this proposal.
In accordance with the requirements for bidding and instructions to bidders, there is deposited herewith a bid bond or a
certified check payable to the order of the City of Omaha, in the sum of: IS` o o E Br d
($ ),which is at least five percentum of the aggregate amount of the proposal.
It is agreed that, in the event the bidder is awarded a contract based on this proposal , or a part thereof and fails or refuses
to execute a written contract or fails to furnish a performance bond within ten days after the award of said contract, the sum
deposited herewith shall be retained by the City of Omaha as liquidated damages and not as a penalty, as it is expressly
agreed that said sum is a fair measure of the damages which will be sustained by the City of Omaha in case of any such
failure or refusal on the part of the bidder. The said sum, however, will be returned to the bidder, if and when he shall faithfully
keep and perform all of the conditions set fourth in the advertisement and the requirements for bidding and instructions to
bidders,and furnish an acceptable surety bond.
NOTICE: Unless the foregoing proposal is free from alterations, additions and deductions and unless the name of
the bidder as signed thereto is complete and correct, in accordance with the instructions to bidders, it may be rejected as
informal.
SIGN ALL COPIES Firm '` )40iL n LO►1ori-LiC.1.1 0,)
By z ; ; 76 t
Title 0 -eh►Octrq
CONTINUATION SHEET
CONTRACT
THIS CONTRACT, made and a. entered into this nd day of A.D.,
21-,Y3a, by and between the City of Omaha, a Municipal Corporation in ouglas County,
Nebraska, party of the first part and hereinafter called."OWNER", and Swain Construction with
principal place of business at: 6002 North 89th Circle, Omaha, NE 68134, hereinafter called
"CONTRACTOR":
WHEREAS, said Contractor did, under date of July 10, 2002, submit a proposal to
construct as outlined in the proposal the Fire Station No. 55 Site Improvements for the City of
Omaha, for'the sum of One Hundred Thirty Four Thousand Six Hundred and no/l00 dollars
($134,600.00), 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, tthee aforesaid proposal of Contractor was accepted by Resolution No.
/g21 , adopted a 4 fib,30Occ-,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
Fire Station No. 55 Site Improvements, 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 Fire Station No. 55 Site Improvements, are a part of this Contract
by reference thereto the same as though each had been fully set out and attached
hereto.
c. Said construction shall be on the property owned by the City of Omaha,
commonly known as, or referred to as 2909 North 144th Street, Omaha, 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 Fire Station No. 55 Site Improvements, in accordance
with the aforesaid plans, specifications and addenda, and agrees to do so for the
sum of$134,600.00.
•
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1
e. Owner agrees to pay Contractor said amount of$134,600.00 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, City
of Omaha, and any such substitution or change shall in no manner be construed to
release either party from any specified or implied obligation of the aforesaid
plans, specifications and addenda except as specifically provided for in the
Change Order.
g. This Contract is entered into subject to the following conditions:
g-1. Contractor does hereby state, warrant and covenant that it has not retained or
employed any company, or person, other than bona fide employees working for
said Contractor, to solicit or secure this Contract, and that it has not paid or agreed
To pay any company or person, other than bona fide employees working solely
for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration, contingent upon or resulting from the award or making of this
Contract. For breach of violation of this statement, warrant, and covenant, the
City of Omaha shall have the right annul this contract without liability.
g-2. Contractor shall comply with all Municipal Ordinances and State and Federal
Laws relating to, or applicable to, this work.
g-3. Contractor shall furnish Performance, Payment and Maintenance Bond in an
amount at least equal to one hundred percent of the Contract price, and shall
maintain during the life of the Contract, Fire, Workmen's Compensation, Public
Liability and Property Damage insurance, all as required in the aforesaid
specifications and addenda.
g-4. Owner, its employees and representatives, and its Architect shall have access to
the work wherever it is in preparation or progress, and the Contractor shall
provide proper facilities for such access and inspection by them.
g-5. The Contractor shall indemnify and save harmless the City of Omaha, its officers,
employees, and agents from all claims, suits or actions of every kind and
character made upon or brought against the said City of Omaha, its officers,
employees and agents, for or on account of any injuries or damages received or
sustained by any Party or parties by or from the acts of the said Contractor or its
servants, agents and subcontractors in doing the work therein contracted for, or by
or in consequence of any negligence in guarding the same or any improper
material used in its construction, or by or on account of any act or omission of
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said Contractor or its servants, agents, and subcontractors; and also from all
claims of damage or infringement of any patent in fulfilling this Contract.
g-6. Contractor shall pay to the Unemployment Compensation Fund of the State of
Nebraska unemployment contributions and interest due under the laws of the
State of Nebraska on wages paid to individuals employed in the performance of
this Contract, and shall submit to the City of Omaha a written clearance from the
Commissioner of Labor of the State of Nebraska certifying that all payments due
of contributions or interest which may have arisen under this Contract have been
paid by the Contractor, or his subcontractor, to the State of Nebraska
Unemployment Compensation Fund. Payment of the final 3% of the total amount
of this Contract shall be withheld until this provision has been complied with.
g-7. The Contractor shall not discriminate against any employee applicant for
employment because of race, religion, color, sex or national origin. The
Contractor shall take affirmative action to insure that applicants are employed and
that employees are treated during employment, without regard to their race,
religion, color, sex, or national origin. As used herein, the word "treated" shall
mean and include, without limitation, the following: recruited (whether
advertising or by other means) compensation; selected for training, including
apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off;
and terminated. The Contractor agrees to and shall post in conspicuous places,
available to employees and applicants for employment, notices to be provided by
the contracting officers setting forth the provisions of this nondiscrimination
clause.
g-8. The Contractor shall not discriminate on the basis of disability as defined by the
Americans with Disabilities Act of 1990 and the Omaha Municipal Code (13-82)
and shall take all actions necessary to comply with the Americans with Disability
Act of 1990 and the Omaha Municipal Code (Chapter 13) including, but not
limited to reasonable accommodation.
g-9. ' The Contractor shall in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, religion, color, sex, or
national origin.
g-10. The Contractor shall send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding
a notice advising the labor union or worker's representative of the Contractor's
commitments under the Equal Employment Opportunity Clause of the City of
Omaha and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
•
g-11. The Contractor shall furnish to the Contract Compliance Officer all Federal forms
containing the information and reports required by the Federal government for.
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Federal contracts under Federal rules and regulations, and including the
information required by Sections 10-192 to 10-194, inclusive, of the Omaha
Municipal Code 1980, and shall permit reasonable access to his records. Records
accessible to the Contract Compliance Officer shall be those which are related to
paragraphs g-7 through g-13 and only after reasonable notice is given the
Contractor. The purpose for this provision is to provide for investigation to
ascertain compliance with the program provided for herein.
g-12. The Contractor shall take such actions with respect to any subcontractor as the
City may direct as a means of enforcing the provisions of paragraphs g-7 through
g-13 herein, including penalties and sanctions for noncompliance, provided,
however, that in the event the Contractor becomes involved in or is threatened
with litigation as the result of such directions by the City, the City will enter into
'such litigation as is necessary to protect the interests of the City to effectuate the
provisions of the Ordinance and in the case of contracts receiving Federal
assistance, the Contractor or the City may request the United States to enter into
such litigation to protect the interest of the United States.
g-13. The Contractor shall file and shall cause his subcontractors, if any, to file
compliance reports with the Contractor in the same form and to the same extent as
required by the Federal government for Federal contracts under Federal rules and
regulations. Such compliance reports shall be filed with the Contract Compliance
Officer. Compliance reports filed at such times as directed shall contain
information as to the employment practices, policies, programs and statistics of
the Contractor and his subcontractors.
g-14 The Contractor shall include the provisions_of paragraphs g-7 through g-13 of
this Section, Equal Employment Opportunity Clause, and Section 10-193 in every
subcontract or purchase order so that such provisions will be binding upon each
subcontractor or vendor.
g-15. Contractor shall pay all just claims due for the payment of all employees and
mechanics for labor that shall be performed, for the payment of all material and
equipment furnished, and for the payment of material and equipment rental which
is actually used for rented in the performance of the Contract.
g-16. Contractor agrees to commence work on the date specified in the notice from the
Contract Administration Division of the Department of Administrative Services,
and to complete all the work in thirty(30) calendar days.
g-17. The Contractor shall guarantee his work for material and workmanship for a
period of one (1) year(s) after the date of completion of his Contract, and should
any defect be discovered in any of the work included in this Contract within the
period of one (1) year(s) from the completion of this Contract, the repair of such
defect and the cost of such repairs shall be borne by the Contractor under his
Contract.
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g-18. Contractor shall maintain fair labor standards in accordance with any valid laws
of the State of Nebraska in the execution of this Contract.
h. Upon receipt of written notice by Owner and its Architect that the Construction is
ready for final inspection and acceptance, the Architect shall promptly make such
inspection and, when he find the construction acceptable under the Contract and
the Contract fully performed, he shall promptly issue a final certificate, over his
own signature, stating that the construction provided for in this Contract has been
completed and is accepted by him under the terms and conditions thereof, and that
the entire balance found to be due the Contractor, and noted in said final
certificate, is due and payable. Before issuance of final certificate the Contractor
shall submit evidence satisfactory to the Architect that all payrolls, material bills,
and other.indebtedness connected with the work have been paid. If, after the
work as been substantially completed, full completion thereof is materially
delayed through no fault of the Contractor, and the Architect so certifies, the
Owner shall, upon certificate of the Architect and without terminating the
Contract, 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
` fit ri
The Contractor shall procure a policy, or policies;=-of insurance 1Which shall
guarantee payment of compensation according to the/Workers' Compensation
laws of Nebraska for all workers injured in the scope of employ nerit,,arid 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.
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 ($75,000) or more, shall be approved by the City Council in
advance of the acceptance of any purchase in excess of such limits or the
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authorization of any additional work in excess of such limits. However, neither
contract nor purchase amendments will be split to avoid advance approval of the
City Council. The originally approved scope and primary features of a contract or
purchase will not be significantly revised as a result of amendments not approved
in advance by the City Council. The provisions of this Section will be quoted in
all future City contracts. Nothing in this Section is intended to alter the authority
of the Mayor under Section 5.16 of the City charter to approve immediate
purchases.
IN WITNESS WHEREOF, we the contracting parties, by our respective duly authorized
agents, hereto affix our signatures and seals at Omaha, Nebraska, this 1(7 day of
, 2062,and this 22..yday of -, 2 respectively.
CITY OF OMAHA, A Municipal Corporation in Douglas County, Nebraska, Party of the
First Part and also designated as Owner.
ATTEST: CITY OF OMAHA,a Municipal Corporation
4,4 2— VV•0:-103.' f/2,274v---
C TY CLERK OF TH TY'OF OMAHA DATE% MAYOR OF THE CITY O HA DATE
SW ST TION
(Seal of:t,'�e,City) • 7,26 al--
A HO ZED REPRESENTATIVE DATE
APPROVED AS TO FORM:
CI Y ATTORNEY DATE
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• V A
' SECTION IV Bond No. 9011863
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That Swain Construction, Inc.
Omaha,Nebraska,hereinafter called the Principal, and Washington International
Insurance Company hereinafter called the Surety, are held and firmly
bound unto the City of Omaha, a Municipal Corporation in Douglas County,Nebraska,hereinafter
called the Owner,in the penal sum of One Hundred Thirty-four Thousand Six Hundred and
No/100 ($ 134,600.00 ), lawful money of the United States of
America,to be paid to the Owner for the payment whereof the Principal and Surety hold themselves,
their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these
present.
WHEREAS,the Principal has,by means of a written Contract dated the 29th day of
July , 20 02 , entered into a Contract with the Owner for the construction by the
Principal,as General Contractor,of
Fire Station No. 55 Site Improvements located at Omaha, Nebraska ,all
in Omaha, Douglas County, Nebraska, for the City of Omaha, in accordance with the plans and
specifications prepared for Owner, which Contract is made a part hereof by reference thereto the
same as though fully set forth herein:
NOW, THEREFORE, the conditions of this obligation are such that:
FIRST: If the Principal shall faithfully perform the Contract on his part, shall satisfy all
claims and demands incurred for the same,shall fully indemnify and save harmless the Owner from
all cost and damage which said Owner may suffer by reason of failure so to do, and shall fully
reimburse and repay said Owner all outlay and expense which said Owner may incur in making good
any such default; and,
SECOND: The Principal shall indemnify and save harmless the City of Omaha,its officers,
employees, and agents from all claims, suits or actions of every kind and character or on account of
any injuries or damages received or sustained by any party or parties by or from the acts of the said
Contractor or its servants, agents and subcontractors,in performing under said Contract,or by or in
consequence of any negligence in guarding the same or any improper material used in its
construction,or by or on account of any act or omission of said Contractor or its servants,agents and
subcontractors; and, also from all claims of damage for infringement of any patent in fulfilling said
Contract; and
THIRD: The Principal and Surety on this bond hereby agree to pay all persons, firms or
• corporations having Contracts directly with the Principal or with subcontractors all just claims due
them for the payment of all laborers and mechanics for labor which shall be performed, for the
payment of all materials and equipment furnished,and for the payment and equipment rental which
is actually used or rented in the performance of the Contractor on account of which this bond is
given,when the same are not satisfied out of the portion of the Contract price which the Owner may
retain until completion of the construction; and,
IV-1
•' J
FOURTH: The Principal shall guarantee all materials, workmanship, and the successful
operation of all equipment and apparatus installed by him for a period of one(1)year from the date
of final acceptance of the whole work, and shall guarantee to repair or replace, at his own expense,
any part of the structures or apparatus which may show defect during the time, provided that such
defect is, in the opinion of the Architect, due to imperfect material or workmanship, and not to
careless and improper use:
Then this obligation shall be null and void;otherwise,it shall remain in full force and effect.
Any Surety on this bond shall be deemed and held, any Contract to the contrary
notwithstanding, to consent without notice:
1. To any extension of time to the Principal in which to perform the Contract.
2. To any change in the plans, specifications or Contract, when such change does not
involve an increase of more than twenty percent (20%) of the total Contract price,
and shall then be released only as to such excess increase.
3. That no provision of this bond or of any other contract shall be valid which limits to
less than five (5) years from time of acceptance of the work to sue on this bond for
defects in workmanship or material not discovered or known to the obligee at the
time such work was accepted.
SIGNED AND SEALED the 29th day of July A.D.,20 02 in the presence of:
Swain C struction, Inc.
Cbntr.0(Firm Name)
QA\rwityva. Q ckS, B kg/4) • , All
Witness Title
COUNTER SIGNED:
ale7( Washington International Insurance Company
Reside t Agent Maury J. Spieker Surety
APPROVED AS TO FORM:
C 0 ClAA(`'I'L , ,
By
City Attorney At rn -In-1Far44pieker
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IV-2
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NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
the laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington Intemational
Insurance Company,a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca,
Illinois,each does hereby make,constitute and appoint:
DOUGLAS G.DURBIN,PATRICIA A.JENSEN,DAVID G.JESSE,HARRY D.KOCH,
SHARON K.MURRAY,PEGGY SAPIENZA, MAURY J.SPIEKER, CARLENE A.PITT,
DAVID A.DOMINIANI,MAURA P.KELLY&JOHN R.MORROW jointly or severally
its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the
amount of: TEN MILLION(10,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held
on the 24th of March,2000:
"RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President,the Secretary or any
Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company,bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney,and to attach therein the seal of the Company; and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Company 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 or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached.
\\11t1miairo +tt,unnnyrr
,� ,Zt-,U ifi-dr— +a`'�PStONAI/,,,,B 4 . . „..!•• 1
3 Paul D.Amstutz,President&Chief Executive Officer of Washington International Insurance Company& �� t.
SEAL _ _o CORPORATE:;,,"__
m.` - Vice President of North American Specialty Insurance Company
�y°Z .1913 SEAL io=
•
dO y,A6120NA,sy�
•
+aiuiPs• �.
By
��///1If1111111\\\\\ON* \• Steven P.Anderson,Sr.Vice President of Washington International Insurance Company& r,,rrr.n*,,,,,,
Vice President of North American Specialty Insurance Company
IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their
official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 4 day of March 20 02
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of DuPage ss:
4 day of March 20 02 ,before me,a Notary Public,personally appeared Paul D.Amstutz ,President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P.Anderson
Sr.Vice President of Washington Intemational Insurance Company&Vice President of North American Specialty Insurance Company,personally known
! to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of,and acknowledged said instrument to be
the voluntary act and deed of,their respective companies. OFFICIAL SEAL --
Q-
YASMIN A PATEL
NOTARY IiAIJC,STATE OF N.trIJOM
WIT ODPAPASSION
EXASEESSIVOSAIS
Yasmin A.Patel,Notary Public
I, James A.Carpenter ,Vice President&Assistant Secretary of Washington International Insurance Company and the Assistant Secretary of
North American Speciality Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given
by the companies,which is still in full force and effect. ,4(•
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this .. day of U I L1 ,20'V
James A.Carpenter,Vice President&Assistant Secretary of Washington International Insurance Company&
Assistant Secretary of North American Speciality Insurance Company
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C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, bids were received on July 10, 2002, for Fire Station No. 55 Site
Improvements project located at 2909 North 144th Street, Douglas County, Omaha, Nebraska;
and,
WHEREAS, Swain Construction submitted a bid of $134,600.00, being the
lowest and best bid received for Fire Station No. 55 Site Improvements project.
NOW, THEREFORE, BE IT RESOLVED BY THE C1T,Y COUNCIL OF.THE e,
CITY OF OMAHA:
THAT, the bid of $134,600.00 from Swain Construction for Fire Station No. 55
Site Improvements project, being the lowest and best bid received be accepted and the contract
awarded.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the cost of Fire Station No.
55 Site Improvements project from the 1996 Public Facility Bond Fund 13237, Organization
131841 ($97,600) and Municipal Infrastructure Redevelopment Fund 12132, Organization
131841 ($37,000). The funding year is 2002. ,
j APPROVED AS TO FORM:
3-/S-O2
6153-rtITY ATTORNEY DATE
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