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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 ® ', [ � 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. 111) H Ili Z --- D ci.. sr ,....� 0 Z � hr, OE D c( 219- w �. D ' ..,% :,..- . ;:l g'- :•_). 4s. . --',"`.z.,,,, J\ • Z l� J • • k\" .r. W ,i. Z fa.(: � 1 7 =�z r;!77 sue; r-.. n I w v \ ir. J • 4. : ::� r, V )... - -,Z •Viri • \ I I o v ci50 . > . ; Z O a Z. N E O 7 H. E p E CS > a w oco E 0 - a s CC a v; U O cm o co , II • O 'c oin LO ° V. m * C to U V {L 0 • = O Z = Z O Co co ,,,` • a u a T m o >. L o o E < C m LL d >. n. = I- 0 -, 0 0 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. • - 1 - 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 - 2 - 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. - 3 - 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. • -4 - 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 ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the - 5 - authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City charter to approve immediate purchases. IN WITNESS WHEREOF, we the contracting parties, by our respective duly authorized agents, hereto affix our signatures and seals at Omaha, Nebraska, this 1(7 day of , 2062,and this 22..yday of -, 2 respectively. CITY OF OMAHA, A Municipal Corporation in Douglas County, Nebraska, Party of the First Part and also designated as Owner. ATTEST: CITY OF OMAHA,a Municipal Corporation 4,4 2— VV•0:-103.' f/2,274v--- C TY CLERK OF TH TY'OF OMAHA DATE% MAYOR OF THE CITY O HA DATE SW ST TION (Seal of:t,'�e,City) • 7,26 al-- A HO ZED REPRESENTATIVE DATE APPROVED AS TO FORM: CI Y ATTORNEY DATE P:\ASD\11699maf.doc - 6 - • V A ' SECTION IV Bond No. 9011863 PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Swain Construction, Inc. Omaha,Nebraska,hereinafter called the Principal, and Washington International Insurance Company hereinafter called the Surety, are held and firmly bound unto the City of Omaha, a Municipal Corporation in Douglas County,Nebraska,hereinafter called the Owner,in the penal sum of One Hundred Thirty-four Thousand Six Hundred and No/100 ($ 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 P:\ASD\STORED\0010fmt.doc IV-2 . 1 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 t,,;;. 6.11!!!-- ..',..--.5..r7i.:•:;•,.,i .,.-,7-•-.--,-,,--.-, -••••-.• •,. !!,,- . • . -: .•''''S....'"'...."'"1".f.7....`,1,.<'....,,,,kt., '7,,,r'77,77-77r7.•:' . 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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 P:\ASD\11744maf.doc 1 By C cilmember Adopted...... ... lu ..2..Q. -' �- . - City Clerk Approved 1\I " " ^Ca Mayor .t ro y � � ZZV? C/� iT1 k' i) N'� N `L1 ,_, '• : p: `J\ Pa �Q. N Z pn ' hiI4 � \\\ '7O n ~ CD O U.) ( 'Ft - t > a `'' o i p • z -• j O N sw .o J • • r r _ t. _ `,;f�''` ..: = r