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RES 2000-3173 - Contract with Lawnsmith & Company Inc for improvements on 144th St trail, Franklin to Corby Sts/\ E cr I Parks, Recreation & • MAH�.A „ ° Fy R v Q Public Property Department • Omaha/Douglas Civic Center,1� _ 1819 Farnam Street,Suite 701 ��If'�Ot-__A 1)0 NOV 22 PM 2: 11.9 Omaha,Nebraska 68183-0701 ro (402)444-5900 C FAX(402)444-4921 arFp FEaR `r'E i F1, fit`i i 1 t Larry N.Foster City of Omaha Acting Director Hal Daub,Mayor • 12/05/00 Honorable President And Members of the City Council, Transmitted herewith is a RESOLUTION authorizing the acceptance of the bid and approval of the contract from Lawnsmith Company, Inc. to furnish all labor, materials and equipment necessary to complete site improvements for the 144th Street Trail, Franklin to Corby, for the Parks, Recreation and Public Property Department. The following bids were received on August 30, 2000: VENDOR BID • Lawnsmith& Company Inc. $157,000.00 Swain Construction $186,240.00 CR Welshiemer $198,693.00 Midwest Paving $269,500.00 The Finance Department is authorized to pay the cost of this project from 2000 funds in the Parks Maintenance Division Budget, General Fund 001, Agency 120, Organization 1214, Object 8310. The City will be reimbursed by a federal grant in the amount of $113,300.00 that is • administered by the Nebraska Game and Parks Commission. 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. 1111 • • Honorable President and Members of the City Council Page -2- The Parks, Recreation and Public Property Department recommends the acceptance of the bid and approval of the contract from Lawnsmith & Company Inc., being the lowest and best bid received within the bid specifications, attached hereto and made a part hereof, and requests your consideration and approval of this Resolution. Respect y submitted, Approved: ir? )02.e.&:21)a/bcd. 0 Larr4e . Foster, A ting Director Date Keiiie Paris-Asaka Date Parks, Recreation and Human.Relations Director Public Property Department Approved as to Funding: Refe• -: .• Cit ounc' for nsiderati /Ln iJ/20/ae lI z! ov Stanley P. T. , Acting Director Date Mayor's Office/Title Date Finance Department - P:\Prppl\1194sap.doc • E- U Z E = a.. F- W — U Z E D a i F- W U Z E D a • XZ — Z al D EL. - "J H U Q AJ• Z E D ›- CO m ce L W • O °' 0 o Q U o co 0 0 ✓ c o o C z °°ilp z @ N Q- O _ . O p E N Z ' - �_ •�CO U C 0 g . \,• EE ~ 0 U .. O cn Z 'L a) 4.1.- C W - 0 .y p o .. o U 0 i LL I- U U W 2 N D_ Z W c - c. t O O 0 Li. Q >,1hz n I- o < o Cl_ 0 'PH B S (94) ' CITY OF OMAHA REQUEST FOR BID AND BID SHEET ON 144th Street Trail—Franklin to Corby FROM: P .M. Burke Published: August 9,2000 City Purchasing Agent 1003 Omaha-Douglas Civic Center NOT AN ORDER Page 1 of 1 Pages 1819 Farnam Street Omaha,Nebraska 68183-0011 BID BOND OR CERTIFIED CHECK REQUIRED IN THE TO: AMOUNT OF 5% IF THE TOTAL AMOUNT FOR THE ITEMS OFFERED IS S20,000 OR MORE Bid Closing Date: August 30,2000 11:00 A.M. IMPORTANT 4. If Federal Excise Tax applies, show amount of same and deduct Exemption I. Bid must be in the office of the CITY CLERK, LC-1, OMAHA-DOUGLAS certificates will be fumished. Do not include tax in bid. CIVIC CENTER, 1819 Famam Street,Omaha,NE 68 1 83-001 1 by closing date 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. and time indicated, in sealed envelope marked BID ON: 144th Street Trail— 6. When submitting bid on items listed, bidder may on a separate sheet, make Franklin to Corby suggestions covering reduction in costs wherever this is possible through 2. As evidence of good faith a bid bond or certified check must be submitted with redesign,change of material or utilization of standard items or quantity change. bid.FAILURE TO DO SO IS CAUSE FOR REJECTION 7. If you do not desire to bid, ret rn sheets with reasons for declining.Failure to do 3. Right is reserved to accept or reject any or all bids in their entirety. Right is also so will indicate your desire be removed from our mailing list.If you desire a reserved to accept or reject any part of your bid unless otherwise indicated by copy of tabulation check ].Please do not call for this information. you. Quote your lowest price, best delivery and terms,F.O.B. delivery point on the terms(s) listed below: This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to bidders and (c) the specifications and drawings prepared by the Ehrhart Griffin & Associates for the "144th Street Trail—Franklin to Corby" 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 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 1 necessary to construct and properly finish all the work in connection with"144th Street Trail—Franklin to Corby" 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: •-t- . ,�1 — 1 ; (S ic5i , C , cO ) Note: Refer to page 3f3for Unit Prices and Testing Allowance. All bidders awarded a contract in the amount of S5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Annual Contract Compliance Report (Form CC-I). This report shall be in effect for 12 months from the date received by the Human Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to Contract Compliance Officers Rita Vlademar at (402) 444-5067 or Tony Acosta at (402) 444-5053; however, please refer any questions regarding the REQUEST FOR BID or SPECIFICATIONS directly to the Purchasing Department(402)444-5400 or as shown on bid (Please Print Legibly or Type) ) 1 � nn J �l Payment Terms % Firm h�li (.0►IN1Y1r-'1i1 ( ii ••) I I.Y?, , Incorporated in S te) U. ` .i Name to Y1 y , Jrn 1' i Sinatug i CLica-� Title 02sid0:r1± Phone ,�•, '3)--(dAC Fax 4.c--53 — i7..-7S Address C /73I iS+9ti, S±. e-; (0ranPo r'� ( _L L2 Street/P.O. Box City State Zip ti PH-8B (94) CITY OF OMAHA REQUEST FOR BIDS ON 144th Street Trail—Franklin to Corby NOT AN ORDER Page 2 of 2 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 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 by: October 31,2000. It is understood that the contract documents shall consist of the advertisement, the requirements for bidding and instruction to bidders, this proposal, and drawing sheets titled "144th Street Connector Trail—Franklin to Corby" and dated, "August 2, 2000" 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: Pax ca,yr r citle l a (S 5`97, oL bid ), which is at least five percent of the aggregate amount of the pioposa 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. 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. SIGN ALL COPIES Firm IAA n(Sm1-1J}-1 PPY .)(Lite. Title I"'r0 S 1d Q n • PH-8B (94) CITY OF OMAHA REQUEST FOR BIDS • ON 144th Street Trail—Franklin to Corby NOT AN ORDER Page 3 of 3 Pages UNIT PRICES C.Y. = Cubic Yard S.F. = Square Foot S.Y. = Square Yard V.F. = Vertical Foot L.F. = Linear Foot EA. = Each The undersigned further proposes and agrees that if the amount of the work required be increased or decreased, by a request of the Owner, the following supplemental Unit Prices will be the basic price in place for computing extra cost or credit. Each Unit Price shall include all equipment, tools, labor, permits, fee, etc. incidental to the completion of the work involved based on the construction detail(s) on the Contract Drawings and all materials listed in the noted Specification Section. Unit prices will be decreased ten percent(10%) if change requested is a reduction of work. UNIT PRICE DESCRIPTION 6" concrete bikeway $ ,�j.Q� /S.Y. Grading $ q, /1) /C.Y. Double trail marker $ /00,QIO /EA. 15" RCP culvert $ c6,e/L/)/L•F• 18" RCP culvert $ fig. /L.F. 24" CMP culvert $ zj q, 36" RCP culvert $ 9 ZV /•F • 48" RCP culvert $ l /0.00 /L.F. Erosion control mat $ 3, 5Q /S.Y. • Concrete Unit Retaining Wall $ /8.QD /S.F.F. Post and rail fence $ 7,(- 2•F• TESTING ALLOWANCE Contractor shall include as part of his base bid an allowance of One thousand dollars ($1,000.00) for testing services during the course of the project. Refer to Specification Section 1400, "Quality Control", for additional information. EXECUTIVE ORDER D-15-95 The utilization goals included in Executive Order D-15-95 shall be applicable in this contract. Copy of the Executive Order and MBE/WBE Certificate is attached for submittal with this bid. SIGN ALL COPIES Firm 1,,vit gt o tVYtC ,Title �Y9.S o/ 41� •, • • • • KECT I 17IV C ORDER NO. D AFFIRiVIATIVE ACTION MARKETING OF MINORITY- AND WOMEN_ 0WN ED VENDORS IN'MUNICIPAL CONTRACTING AND PURCHASING T -. PURPOSE: /1..!..inacicai efforts in minod v cont,-acting i.eer' an aggressive af_ - _ rive ac`cn. ._._=_<e tO meet the "=,00d fa th ..._for- goals established in Section 10-^00 of the Omaha �•/! .._,icicai CoCe. :_^.ic _:`c ._`%e Oreer _ecorn--'.er.c., =11 a goecs-pie .na::<e`ng e_-or: Cecic-7Er'. 'CO = our re__Vr__lance with. Minority-- and Women-Owned Once:orises- POLICY: • A. The Economic Growth and Development Division of the Mayor's Office is hereby taske'_' with su re r g the meir orolita area market with a view toward: 1. Iden Eying Minority- and Women-Owned vendors and contractors in the metro- politan �Ori� "Tie•-ro- po lilan 2. • Ascertaining from such 2otential vendors and contractors real and perceived oat er_ in doing business LY L the City. • - • - Wor_ -hv.with: the =urc hasina Division of•the Finance Der,a_tmer �o broacer arc - enhance the Vendors' Rio ficaton List•s.- • • • _ •• _ _. _ _ • Deve!O iS`ibuting'a pia_rri h.let•on.."I-:ow'To Do Business V4:ui hie .:0� Omaha" which, among ot_�. things, de. theperceived - nr =„ � destroys oe_7�.`_ve my�helo�es and oiic Ci._e_r,'ia i es _n a .r..' GTE Q f�" cam : gate of deresits, i�.,:e of credit in I._el' o- bonding• requi r ements, etc. - 5. Working closely .with the Susiness and Technology Center (BTC)C) and the Ornah•a Small 'Business -Network (OSdN ) to inform and educate- Minority- and '/Vom.,e_^--: • - Owned enter7rises to meet the requirements of doing business-wit_-! the City. --- - 5. The r urna;'; Relations De. a_r dent shay certify Minority- and Women-Owned enter:pr'ses pursuant to the defl_ratorc contained in Secton 10-190 (j) and (in) of the Omaha •.. . Code, in addition to its cont-ract corn-oliaP.ce duties outlined in Section 10-1' 6 of.the Municipal Code. • C. The purchasing' Division of the =inance Department shall aff.,--hat veiy seek out and rnotiL y potential Minority- and Women-Owned vendors identified by the Economic Growth a Development Division and cert_f'e^_. by the Human Relations Department for the pur 05? of providing goods and se-vices to the City of Omaha. The Purchasing Division snail • • 7.-1.ecative Order Action Marketing of f nort-i- and Women-Owned.Vendors.in "Municipal • Contacing and Pu.;chasina • 7,0 7 • include all requests for goods and (e:Ccer-i L' 1i _es and governments) s -- _ program. The Purchasing Division shall maintain accurate and up-to-date vendors and contractor-. D. :�_ enc'i and Depar_ ,en.1 -i ads _re _nst _c c_ to work i_-'.=ou-h. find morn. - and/or Women-Owned wishing to do �Ls__._s� 'N:t;: i �'t71. The r_-c=it-e-cr:ire and =.rlgmneeTinc- Corr -nirtee will workwit^. theid. Division `o� 1 P LrC_`lasLr _ ensure that e ieiJo1e Minority- and. Women-Owned firms are not_ied of solid=_�_OPs. E. The Finance Derma_e2e_r.t shall advise and Cain all Denar�'tert/A enc and Division project accountants of this effort and to assist the Purchasing Division in a tier :el_:i manner. F.. The- i inance Depa_:tment shall include all Payments to vendors/contractors (less utilities and government) as par` of t :is nvroz'am. Monthly reports on the progress of this effort shall include the Follow-Lac: Monthly Retort • For :�e.Monti-t r-rc�inr-- - . - --- - 6 . . _ . . .. Vencors and Percei'taze- Dolll ,a - _ - • Cont a-ctors. .. of_Tota1: 1Total Women-Owner': 3. Minority-Owned: • • C. Not w?t standing the minimum "good faint effort" goals establishes. in Section !Ci-200 of _ t ie Orn arla N/tt:rc-u gal Code, I ner v ec task the =.:e�.?tJe BrancGn with t ie foi1owing gcal-s: ' . J 1. Minority Contracts and P ur.Clnases: Five nercertt of all vendors/contractors paid. O. Five percent of dollar volume paid. • E:eciiiive Order Action Nf=r_ke^.r.1C o M norfc-, and oL:en-Owner VencorSV_: M C=ua! Contacting and Purcnasine • r ge • - • 2. Vvorr+en Contracts and Furc-nase�: percent allof vendors/contractors paid. b. Eight ce_ce_nf dollar vc '. Each Der arth cnt and re��cr Head Ls ev v ecte to provide �e_rSOrcl Te aQc_r-s P_r o ai'll=aative action Division TT-ITS [S \;O T _^. v SET-ASIDE OR QtJO T: PROCR-.�r_� THIS IS AFFIR.MATIV7 ACTION N M ==_tic _cT=o� �__ • • ORT! OVERSIGHT: The Finance De ar nenf has oversic'nt, and. f .e Lair .art Re!;t_Or5 c- 'nas coE oLi a_ ce oversight for this Exec?dve Order. VL.. -S MaYOR BY SECTION .3.04• O7 BEy1 i l I Y f.^ _ 1956, 'as kMENiDFD, - R=^Y ?ROOT-AL M. �- _ EECu iWE ORDER ems- BLISFT-NC AND COv7.\7iNC ACTION v__Z TT-NC 07. M ORATV- AND WOMEN-OWN-7D VENDORS IN if-LIN C P_-= CONTRACTING / AND P;,RC_ SING. - • �c; 4\%!TN1 G my hand as Mayor of i._-:e City of Omaha figs % c1y OC �/ 1 LV6/ . / l Dauo, Mayor • City of Omaha :;\—\ e.e ee:xlr\lna nee\�nr:ue::toe • • • Project No. '(Cht ` — n< (b3 MBEI BE UTILIZATION CERTIi IC A TIE; T -.. in the performance of this contract, the contractor crocoses co contract with eiic'bie i1inor;ty and women owned business entercr?ses either • 0 s c 795 or °'% of the total bid price. Re, ess ofthe ,_ _ tiii�_ .c.aic _l amount,' i ^! ":�:��� ��s.. to meetthe t_ :Ci: _, "!OLnta !!sie� below N %i:_ be in dollars. IDENTIFICATION OF MBE;'WBE PARTICI.APTION • • Name of eligible Descriocior:of.work Value of work u EEiWEEV or line iceTis) :o be oerformed I 1Sl,l`(f1l.�Cc2 ,�tl=(1 e Y1(t • 3. • 4. 5. 6. 7. By sig ir_c Cris doc'ume tc. the contractor certifies to the City of Omaha that. the utilization goals will bemet ether ;,v Coal achievement br good faith effort. as documented. idcier NI m _11 Total MBEIWBE utilisation s ,35o By/tic! • arc' rn .Smi- h RIesidtvt,-t .5i00 s.� . _ • • • • • CONTRACT 74 THIS CONTRACT, made and entered into this f 7 day of A.D., 20 67, by and between the City of Omaha, a Municipal Corporation in Do las County, Nebraska, party of the first part and hereinafter called "OWNER", and LawnSm. & Company, Inc., with principal place of business at: 3731 State Street, Omaha, Nebraska 68112, hereinafter called "CONTRACTOR": WHEREAS, said Contractor did, under date of August 30, 2000, submit a proposal to construct as outlined in the proposal site improvements for the 144th Street Trail, Franklin to Corby, for the City of Omaha, for the sum of $157,000 (One Hundred Fifty-Seven Thousand Dollars), 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. ,3/Z3 , adopted ikpe h, acop , 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 site improvements for the 144th Street Trail, Franklin to Corby, 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 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 144th Street Trail, Franklin to Corby, 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 site improvements at the 144th Street Trail, Franklin to Corby, in accordance with the aforesaid plans, specifications and addenda, and agrees to do so for the sum of$157,000. e. Owner agrees to pay Contractor said amount of$157,000 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, Pat Slaven, 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 aware 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 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 beperformed, for the payment of all material and p Ym 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 Administration Division of the Parks, Recreation and Public Property Department, and to complete all the work August 1, 2001. 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, may 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. 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. 1. 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 ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the - 5 - • authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City charter to approve immediate purchases. IN WITNESS WHEREOF, we the contracting parties, by our respective dulyauthorized agent hereto affix our signatures and seals at Omaha, Nebraska, this l �ay of �� , 2( ,, and this fag' day of 027 , 2061,respectively. CITY OF OMAHA, A Municipal Corporation in Douglas County, Nebraska, Party of the First Part and also designated as Owner. C .., t ATTEST.: . •y� �! �r CI •F OM A A , a Municipal. Corporation tili f i /./7/ _ • /7 aI CIT 7 CLERK DATE MAYOR D TE n _ t, . LAWNSMITH &COMPANY, Inc. (Seal of the City) B1 �� 'AUTHORIZED REPRESENTATIVE 5— l0 ---p ) DATE APPROVED AS TO FORM: /,� Y ATTORNEY DATE P:\Prppl\10010f.doc �d - 6 - 0521325 SECTION IV PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL MEN BY TH:ESE PRESENTS: That LawnSmith & CO., Inc. Omaha,Nebraska, hereinafter called the Principal,and old Republic Surety Company hereinafter called the Surety,are held and firmly bound unto the City of.Omaha, a Municipal Corporation in Douglas County, Nebraska,hereinafter called the Owner, in the penal sum of_one Hundred Fifty SevenT 5tiousand Dollars and no/100 ($ 157,000.00 ), 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 3rd day of may , 20 01 , entered into a Contract with the Owner for the construction by the Principal,as Pritre Contractor,of LawnSmith & Co., Inc. located at cI,a, NE ,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: .I.f 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 clainis duo 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 L • • 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- 3rd day of May A.D., 2001 in the presence of: LawnSmith & Co., Inc. Contractor(Firm Name) 9 �? 2 47,4 • Witness Title President CO E'ER SIGNED: • Ak j (' 4aAity Old Republic Surety Company Resident Agent Surety . Sarah M. Starks APPROVED AS TO FORM: By '541% ,/-}jug, City Attorney Attorney -Fact v Ir��jr Sarah M. Starks, Davis Insurance Agency, Inc. P:\PRPP\STORED\0010.FMT • IV-2 1• .!iiu. , 1,11i;*fir ** . .i 1.4i• -OLD f 1BLIC ,` ,,,** ** Surety Company POWER OF ATTORNEY III,; i, 0521325 KNOW ALL MEN BY THESE PRESENTS, That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation. doesmake, constitute and appoint; DICK. C E DAVIS, SARAH f=I- '.-'-:TARKS, OF Oli HA, NE its true and lawful Attomey(s)-in-Fact, with fuel power and authority for and on behalf of the company as surety,to execute and deliver and affix the seat of the company thereto Of a seat is required),bonds,undertakings,recogntzances or other written obligations in the nature thereof,{other than bail bonds,bank depos Cory bonds, mortgage deficiency bonds,mortgage guaranty bonds,guarantees of installment paper and note guaranty bonds,self-insurance workers i.urtii,aiisation bonds guaranteeing payment of benefits,asbestos abatement contract bonds,waste management bonds,hazardous waste remediation bonds or black'king bands), as follows: ALL. KIR I T TEN INSTRUMENTS IN AN AMOUNT NOT TO E.XEED Ali AGGREGATE OF ONE MILLION DOLLARS ($1 ,i.jOO s OOO) --- --_-. -- --� -_ . - •.- - - FUR ANY SINGLE OBL I GAT I ON, REGARDLESS LiF THE NUMBER OF INS TRUiI1ENTS I S. UEU FOR THE OCL I L A7 I Oat. and to bind OLD REPUBLIC SURETY COMPANY thereby. and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printed on colored background and is multi-colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.This Power of Attorney Ls signed and heated by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that the president. any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing thu appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds. undertakings. recognizances, and suretyship obligations-of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (I} when signed by the president,any vice president or assistant vice president,arid attested and sealed(if a seat be required)by any secretary or as.istant secretary:or (ii) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-tact or agent;or (Ili) when duly executed and sealed (it a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the Cmits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seat of the company may be affixed by face trii;e to any Po°..er of Attemcy or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretysh°p obtgatoris of the ccmpar.. and su.h signature and seal when so itbed shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,OL1].AEEppUBLIC SUqq��y��+�p++gy�pp �y has caused.these presents to be signed by its proper officer. and its corporate seal to be affixed thi2/047,s �`�ll day of SEF'TEl�iL��R" {;Ft� » OLD REPUBLIC SURETY COMPANY :r °t o SEAL ' ?..-9,7-2-7,,, /? --�.. Asi t..int sczrct �+` ii Pres:a:,-1 STATE.OF WISCONSIN. COU OF WAUKESHA-SS 22ND SEd-'TEMPER 000 JAtWIES_E LE_E On this _- day of _ _ __ _—- - ._ ,personalty came before me, . _— and DAVID G. MENZEL to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally dispose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authonty of the board of directors of said corporation. __ _ f • a Ay,' f17. r.t c /(_- -t/ -e2.L1 "5, w.wy: Not .. i e f Z00 i to,wts.a My commission expires. -- CERTIFICATE I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that tho foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore,that the Resolutions of the board of directors set forth In the Power of Attorney, are now in force. 40-271 1 ,� :ut.,y 3t d 2001 ?�a Si aiaaatagned and sealed at the.City of Brookfield,WI this _ _.day of ._� _ - c' SEA1L. `,.A► _ Altii-i- -', DA V I S I NSL!Rh MCI. - +(-itNCY — a.:.aAs crct,ry_ THIS'1 OCU UITIS OT VA.Lib I NL'ESS PRINTED ON COL ORE ly B'ACkGROUND AND IS MULTI-COLORED ORSC:222 , 97) , ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YY) ,>A 01/08/2001 PRODUCER (402)571-3600 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION Nabit Perr Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Y- Y HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3205 No. 90th St. , Ste 109 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 4039 INSURERS AFFORDING COVERAGE Omaha, NE 68104 INSURED Lawnsmith & Co. , Inc. INSURER A. GENERAL CASUALTY INS. CO. 3731 State Street INSURERB: Omaha, NE 68112 INSURERC: INSURER b: I INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSK TYPE OF INSURANCE POLICY NUMBER M/ YULILY thFtl.IIVt YULILY tAYIKAIIUN LIMITS DATE(MDD/YY) DATE(MM/DDIYY) GENERAL LIABILITY CCI0177523 01/01/2001 01/01/2002 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one tire) $ 50,000 CLAIMS MADE n OCCUR MED EXP(Any one person) $ 5,000 A X X,C,U, PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY n jECT n LOC AUTOMOBILE UABIUTY CBA0177523 01/01/2001 01/01/2002 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accident) 1,000,000 X ALL OWNED AUTOS BODILY INJURY (Per person) $ A X SCHEDULED AUTOS it X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per acddent) GARAGE UABILITY AUTO ONLY-EA ACCIDENT $ HANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY CCI0177 523 01/01/2001 01/01/2002 EACH OCCURRENCE $ 3,000,000 OCCUR n CLAIMS MADE AGGREGATE $ 3,000,000 A $ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND CWCO177523 01/01/2001 01/01/2002 TORY LIMITS ER EMPLOYERS'UABIUTY E.L.EACH ACCIDENT $ 100,000 A E.L.DISEASE-EA EMPLOYEE $ 100,000 E.L.DISEASE-POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ADDITIONAL INSURED: CITY OF OMAHA 6,c PRO AS f • C�2 ( AfANT CAY ATTORNEY CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Omaha 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PARKS, RECREATION & PUBLIC WORKS DEPT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1819 FARNAM STREET SUITE 701 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. OMAHA, NE 68183 AUTHORIZED REPRESENTATIVE David Perry ACORD 25-5(7197) ©ACORD CORPORAL ION 1988 r i c-25a• CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on August 30, 2000, for furnishing materials, labor and all else necessary to complete site improvements for the 144th Street Trail, from Franklin to Corby; and, WHEREAS, Lawnsmith- & Company Inc. submitted the lowest:and best bid, within bid specifications in the total amount of $157,000.00; and, WHEREAS, this project will receive $113,300.00 from a federal grant administered by the Nebraska Game and Parks Commission; and, WHEREAS, the Mayor has recommended acceptance of this bid and the approval of this contract. 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$157,000.00 from Lawnsmith & Company Inc. for furnishing materials, labor and all else necessary to complete site improvements on the 144th Street Trail, Franklin to Corby, being the lowest and best bid received, within bid specifications, is hereby accepted and the contract approved. The Finance Department is authorized to pay $157,000.00 from 2000 funds in the Parks Maintenance Division Budget, General Fund 001, Agency 120, Organization 1214, Object 8310. A federal grant will reimburse $113,300.00 of this cost. APPROVED AS TO ORM: _ L // Y ATTORNEY DATE P:\Prppl\1193sap.doc fr4t- By Councilmember Adopted DEC' 5 2000 , I. Ci lerk ell Approved.... • . Mayor . a 4 crop ' o i o c o 5 r w N N C +- ¢ CrRO ' CD'd 'O (9 O � cr D t< Z 0 , ,a-', 11:1 av) (4) .,,, ,t,' nq o �V O CD O- C AD Z 12 c p —`. R , ` A CD A) �C ^' a, � ca.) n . J `c o O CO P O . LA Q p O • AD 2.. c p o OOo > ::: 6 ¢nC 0 O VC4 - 1 p pOp CD () y, . CC 'Fr 0 w n N �.. O CD ,.. C (...is .,. O , r • , 5 O r-' CCD R. CDD O Cm 0 ccp I • �' .q