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RES 1998-3287 - Contract with LawnSmith & Co Inc for site improvement work on Bowling Green Park I7 /-/ /99relief/C /'' E o2n�He,NF Parks, Recreation & of Bey : + Q Public Property Department �jsR r ,/ 53 Omaha/Douglas Civic Center Itip 20 F,. 2• 1819 Farnam Street,Suite 701 ® 'lire"?,n � 98 Omaha,Nebraska 68183-0701 o••^ti. a`• •4 ,,• (402)444-5900 �00 Y �,i.i '�'`'t i 1 FAX(402)444-4921 R r-n� �� ,,•: Cityi'Eo fOma :.714 NW,., 11 1~J James P.Cleary of Omaha Director Hal Daub,Mayor December 1, 1998 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 & Co., Inc. in the total amount of$69,000.00 for furnishing all labor, materials and equipment necessary to complete the site improvements at Bowling Green Park for the Parks, Recreation and Public Property Department. The following bids were received on September 30, 1998: VENDOR BID LAWNSMITH& CO., INC. $69,000.00 (LOW BID) Navarro Trucking $71,885.00 Pospichal Construction $86,400.00 The Parks,Recreation and Public Property Department recommends the low bid submitted for the Bowling Green Park improvements from LawnSmith& Co., Inc. The Finance Department is authorized to pay the cost of the improvement project from the 1992 Recreation and Culture Bond Fund No. 323,Agency No. 120, Organization No. 1295,and Activity No. 3025. 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. . l �_ Honorable President and Members of the City Council Page2 The Parks, Recreation and Public Property Department recommends the acceptance of the bid and approval of the contract from LawnSmith& Co. 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. Respec lly su ;tied, Approved: P -‘2-ff q James P. Cleary, Directo Date George L. D J Date Parks, Recreation and Human Rel 'ons Director G Public Property Department (' -q+ Approved as to Funding: Referred to City Council for Consideration: // ?,l rsi pie Louis A. D'Ercole Da e Mayor's Office/Title ate Finance Director kiv- P:\PRPP\6304.MAF • A - rf'• CONTRACT THIS CONTRACT,made and entered into this 3rd day of .D., 19 9g, by and between the City of Omaha, a Municipal Corporation in Douglas County,Nebraska,party of the first part and hereinafter called "OWNER", and LawnSmith& Co., Inc., with principal place of business at: 3731 State Street, Omaha, Nebraska 68112-1648, hereinafter called "CONTRACTOR": WHEREAS, said Contractor did, under date of September 30, 1998, submit a proposal to construct as outlined in the proposal to complete site improvements at Bowling Green Park for the City of Omaha, for the sum of $69,000.00 - Sixty Nine Thousand and No/100 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.391'7 adopted ,' ///99 ,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 at Bowling Green Park, the notice inviting contractors to bid as published, the instruction to bidders, the proposal of Contractor, the bid bond of Contractor, the performance, payment and maintenance bond of Contractor, the general conditions and all proceedings by the governing body of the Owner relating to said 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 Bowling Green Park, 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 in accordance with the aforesaid plans, specifications and addenda, and agrees to do so for the sum of$69,000.00. e. Owner agrees to pay Contractor said amount of$69,000.00 in accordance with the provisions of the aforesaid specifications, addenda and proposal of the Contractor accepted by Owner. 1 • r°. f. All provisions of aforesaid plans, specifications and addenda shall be strictly complied with and conformed to by Contractor,the same as if re-written herein, and no substitution or change in said plans, specifications and addenda shall be made except upon written consent or written direction(the form of either of which shall be a written "Change Order")of Owner and Owner's Architect,Dennis Bryers, 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 said Contractor or its servants, agents, and subcontractors; and also from all claims of damage or infringement of any patent in fulfilling this Contract. - 2 - Y., 0 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 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 - 3 - 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 Administration Division of the Parks, Recreation and Public Property Department, and to complete all the work by June 1, 1999. 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 - �f _ a 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 authorization of any - 5 - 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 dul authorized agents,hereto affix our signatures and seals at Omaha,Nebraska,this 32' day of / 19AX and this 10th day of November , 1998, 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 Z7s " TY CLERK ATE MAYOR E�v ACTING • - LAWNSMITH& CO.,INC. (Seal of the City) BY LZ11.4...a..,-.715<441' AUTHORIZED REPRESENTATIVE Brian M. Smith, President 11-10-98 DATE APPROVED AS TO FORM: (�f ` (:////r4'C- /j-42 - f AS,S{IST'ANT CITY ATTORNEY DATE P:\PRPP\8407.SKZ - 6 - • * * * * * (Pt PERFORMANCE BOND * * The American Institute of Architects, * * AIA Document No.A312(December, 1984 Edition) * * * Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER(Name and Address): LawnSmith&Company,Inc. City of Omaha 3731 State ST 1819 Famam Omaha,NE 68112 Omaha,NE 68183 CONSTRUCTION CONTRACT SURETY(Name and Principal Place of Business): 10/29/98 Old Republic Surety Company Date: 2 Corporate Place, 1501 42nd St. Amount: $69,000 West DesMoines,Ia 50306 Description(Name and Location): Bowling Green Park Site Improvements BOND# 498721 Date(Not earlier than Construction Contract Date): 11/2/98 Amount: $69,000 Modifications to this Bond: ® None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) LawnSmith&Company,Inc. Old Republic Surety Company Signature: Signature: l/(a) . Name and Title: Brian Smith,President Name and Title: Sarah M. Starks,Attorney in Fact (Any additional signatures appear on page 2.) (FOR INFORMATION Only-Name, Address and Telephone) OWNER'S REPRESENTATIVE(Architect, Engineer or other AGENT or BROKER:Davis Insurance Agency,2211 N 91 Cout, party): Omaha,NE 68134 1 The Contractor and the Surety,jointly and severally, bind them- 3.3 The Owner has agreed to pay the Balance of the Contract Price selves,their heirs,executors, administrators, successors and assigns to the Surety in accordance with the terms of the Construction to the Owner for the performance of the Construction Contract,which Contract or to a contractor selected to perform the Construction is incorporated herein by reference. Contract in accordance with the terms of the contract with the 2 If the Contractor performs the Construction Contract,the Surety and Owner. the Contractor shall have no obligation under this Bond, except to par- 4 When the Owner has satisfied the conditions of Paragraph 3, the ticipate in conferences as provided in Subparagraph 3.1. Surety shall promptly and at the Surety's expense take one of the 3 If there is no Owner Default/the Surety's obligation under this Bond following actions: shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its 4.1 Arrange for the Contractor with consent of the Owner, to address described in Paragraph 10 below that the Owner is con- perform and complete the Construction Contract; or sidering declaring a Contractor Default and has requested and 4.2 Undertake to perform and complete the Construction Contract attempted to arrange a conference with the Contractor and the itself,through its agents or through independent contractors; or Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 4.3 Obtain bids or negotiated proposals from qualified contractors If the Owner, the Contractor and the Surety agree,the Contractor acceptable to the Owner for a contract for performance and com- shall be allowed a reasonable time to perform the Construction Con- pletion of the Construction Contract, arrange for a contract to be tract, but such an agreement shall not waive the Owner's right, if prepared for execution by the Owner and the contractor selected any, subsequently to declare a Contractor Default; and with the Owner's concurrence, to be secured with performance 3.2 The Owner has declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to terminated the Contractor's right to complete the contract. Such the bonds issued on the Construction Contract, and pay to the Contractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph 6 in after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price incurred by the Owner in Subparagraph 3.1; and resulting from the Contractor's default; or 0RSc22119(1a93) Page„, oft .A^ .� 4.4 Waive its right to perform and complete, arrange for completion, accrue on this Bond to any person or entity other than the Owner or Or obtain a new contractor and with reasonable promptness under its heirs, executors, administrators or successors. • the circumstances: 8 The Surety hereby waives notice of any change, including changes .1 After investigation, determine the amount for which it may of time, to the Construction Contract or to related subcontracts, be liable to the Owner and, as soon as practicable after purchase orders and other obligations. the amount is determined, tender payment therefor to the 9 Any proceeding, legal or equitable, under this Bond may be Owner; or instituted in any court of competent jurisdiction in the location in which .2 Deny liability in whole or in part and notify the Owner citing the work or part of the work is located and shall be instituted within reasons therefor. two years after Contractor Default or within two years after the s If the does proceed as in 4 with Con- tractor ceased working or within two years after the Surety refuses 5 If the Suretyble et does notss, the Surety shall providedb deemed Paragraph to in default or fails to perform its obligations under this Bond,whichever occurs ron this Bond fifteen days after receipt of an additional written notice first.e If the mpr periodons of thism Lion availableil are tovois r tiesprohibited by law, from the Owner to the Surety demanding that the Surety perform its the minimum period of limitation sureties as a defense Obligations under this Bond,and the Owner shall be entitled to enforce in the jurisdiction of the suit shall be applicable. any remedy available to the Owner. If the Surety proceeds as provided 10 Notice to the Surety, the Owner or the Contractor shall be mailed in Subparagraph 4.4, and the Owner refuses the payment tendered or delivered to the address shown on the signature page. or the Surety has denied liability, in whole or in part,without further 11 When this Bond has been furnished to comply with a statutory or notice the Owner shall be entitled to enforce any remedy available other legal requirement in the location where the construction was to the Owner. to be performed, any provision in this Bond conflicting with said statu- 6 After the Owner has terminated the Contractor's right to complete tory or legal requirement shall be deemed deleted herefrom and the Construction Contract, and if the Surety elects to act under provisions conforming to such statutory or other legal requirement Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the shall be deemed incorporated herein.The intent is that this Bond shall Surety to the Owner shall not be greater than those of the Contractor be construed as a statutory bond and not as a common law bond. under the Construction Contract, and the responsibilities of the Owner 12 DEFINITIONS to the Surety shall not be greater than those of the Owner under the 12.1 Balance of the Contract Price The total amount payable by Construction Contract. To the limit of the amount of this Bond, but the Owner to the Contractor under the Construction Contract after subject to commitment by the Owner of the Balance of the Contract all proper adjustments have been made, including allowance to Price to mitigation of costs and damages on the Construction the Contractor of any amounts received or to be received by the Contract,the Surety is obligated without duplication for: Owner in settlement of insurance or other claims for damages to 6.1 The responsibilities of the Contractor for correction of defec- which the Contractor is entitled, reduced by all valid and proper tive work and completion of the Construction Contract; payments made to or on behalf of the Contractor under the Construction Contract. 6.2 Additional legal design professional and delay costs resulting 12.2 Construction Contract:The agreement between the Owner from the Contractor's Default, and resulting from the actions or and the Contractor identified on the signature page, including all failure to act of the Surety under Paragraph 4; and Contract Documents and changes thereto. 6.3 Liquidated damages, or if no liquidated damages are speci- 12.3 Contractor Default: Failure of the Contractor,which has neither fied in the Construction Contract. actual damages caused by been remedied nor waived,to perform or otherwise to comply with delayed performance or non-performance of the Contractor. the terms of the Construction Contract. 7 The Surety shall not be liable to the Owner or others for obligations 12.4 Owner Default: Failure of the Owner,which has neither been of the Contractor that are unrelated to the Construction Contract and remedied nor waived, to pay the Contractor as required by the the Balance of the Contract Price shall not be reduced or set off on Construction Contract or to perform and complete or comply with account of any such unrelated obligations. No right of action shall the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company: Company: Address: Address: Name and Title: Name and Title: Signature: Signature: ORSC 22119(10-93) Page12 of 2 / * * PAYMENT BOND * The American Institute of Architects,AIA Document No. A312 * (December, 1984 Edition).Any singular reference to Contractor, Surety, * ♦' * Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): LawnSmith&Company,Inc. Old Republic Surety Company 3731 State ST 2 Corporate Place, 1501 42nd St. Omaha,NE 68183 West DesMoines,Ia 50306 OWNER(Name and Address): City of Omaha 1819 Famam Omaha,NE 68183 CONSTRUCTION CONTRACT Date: 10/29/98 Amount: $69,000.00 Description(Name and Location): Bowling Green Park Site Improvements BOND # 498721 Date (Not earlier than Construction Contract Date):11/2/98 Amount: $69,000 Modifications to this Bond: ® None ❑ See Page 2 CONTRACTOR AS PRINCIPAL • SURETY Company: (Corporate Seal) Company: (Corporate Seal) LawnSmith&Company,Inc. Old Republic Surety Company `�d t(_�. k__ / ^44..- Name Signature: ` ""'and Title: Brian Smith,President Name and Title: Sarah M. Starks,Attorney in Fact fAnv additional signatures appear on page 2.) (FOR INFORMATION ONLY—Name,Address and Telephone) OWNER'S REPRESENTATIVE(Architect, Engineer or other AGENT or BROKER:Davis Insurance Agency,2211 N 91 Ct party): Omaha,Ne 68134 1 The Contractor and the Surety,jointly and severally, bind them- 4.1 Claimants who are employed by or have a direct contract with the selves,their heirs, executors, administrators,successors and assigns Contractor have given notice to the Surety(at the address described to the Owner to pay for labor, materials and equipment furnished for in Paragraph 12) and sent a copy, or notice thereof,to the Owner, use in the performance of the Construction Contract,which is incor- stating that a claim is being made under this Bond and,with sub- porated herein by reference. stantial accuracy, the amount of the claim. 2 With respect to the Owner,this obligation shall be null and void if 4.2 Claimants who do not have a direct contract with the Contractor: the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, 2.1 Promptly makes payment,directly or indirectly,for all sums due or notice thereof,to the Owner,within 90 days after having last Claimants, and performed labor or last furnished materials or equipment included 2.2 Defends, indemnifies and holds harmless the Owner from in the claim stating,with substantial accuracy,the amount of the claims, demands, liens or suits by any person or entity whose claim and the name of the party to whom the materials were fur- claim,demand, lien or suit is for the payment for labor, materials nished or supplied or for whom the labor was done or performed; or equipment furnished for use in the performance of the Construc- and tion Contract, provided the Owner has promptly notified the Con- .2 Have either received a rejection in whole or in part from the Con- tractor and the Surety(at the address described in Paragraph 12) tractor,or not received within 30 days of furnishing the above notice of any claims; demands, liens or suits and tendered defense of any communication from the Contractor by which the Contractor such claims, demands, liens or suits to the Contractor and the has indicated the claim will be paid directly or indirectly; and Surety, and provided there is no Owner Default. .3 Not having been paid within the above 30 days, have sent a 3 With respect to Claimants, this obligation shall be null and void if written notice to the Surety(at the address described in Paragraph the Contractor promptly makes payment, directly or indirectly, for all 12)and sent a copy,or notice thereof,to the Owner,stating that sums due. a claim is being made under this Bond and enclosing a copy of 4 The Surety shall have no obligation to Claimants under this Bond until: the previous written notice furnished to the Contractor. oRic 22114 p-93> Page 1 of 2 5lf a notibe'required by Paragraph 4 is given by the Owner to the Con- Paragraph are void or prohibited by law, the minimum period of limi- tractor or to the Surety, that is sufficient compliance. tation available to sureties as a defense in the jurisdiction of the suit • 6 When the Claimant has satisfied the conditions of Paragraph 4,the shall be applicable. Surety shall promptly and at the Surety's expense take the following 12 Notice to the Surety, the Owner or the Contractor shall be mailed actions: or delivered to the address shown on the signature page. Actual 6.1 Send an answer to the Claimant, with a copy to the Owner, receipt of notice by Surety, the Owner or the Contractor, however within 45 days after receipt of the claim, stating the amounts that accomplished, shall be sufficient compliance as of the date received are undisputed and the basis for challenging any amounts that are at the address shown on the signature page. disputed . 13 When this Bond has been furnished to comply with a statutory or 6.2 Pay or arrange for payment of any undisputed amounts. other legal requirement in the location where the construction was 7 The Surety's total obligation shall not exceed the amount of this to be performed,any provision in this Bond conflicting with said statu- Bond,and the amount of this Bond shall be credited for any payments tory or legal requirement shall be deemed deleted herefrom and made in good faith by the Surety. provisions conforming to such statutory or other legal requirement 8 Amounts owed by the Owner to the Contractor under the Construc- shall be deemed incorporated herein.The intent is that this Bond shall tion Contract shall be used for the performance of the Construction be construed as a statutory bond and not as a common law bond. Contract and to satisfy claims, if any, under any Construction Perfor- 14 Upon request by any person or entity appearing to be a potential mance Bond. By the Contractor furnishing and the Owner accepting beneficiary of this Bond, the Contractor shall promptly furnish a copy this Bond,they agree that all funds earned by the Contractor in the of this Bond or shall permit a copy to be made. performance of the Construction Contract are dedicated to satisfy obli- 15 DEFINITIONS gations of the Contractor and the Surety under this Bond, subject to 15.1 Claimant:An individual or entity having a direct contract with the Owner's priority to use the funds for the completion of the work. the Contractor or with a subcontractor of the Contractor to furnish 9 The Surety shall not be liable to the Owner, Claimants or others for labor, materials or equipment for use in the performance of the obligations of the Contractor that are unrelated to the Construction Contract.The intent of this Bond shall be to include without limi- Contract.The Owner shall not be liable for payment of any costs or tation in the terms"labor, materials or equipment"that part of expenses of any Claimant under this Bond, and shall have under this water, gas, power, light, heat, oil, gasoline,telephone service or Bond no obligation to make payments to, give notices on behalf of, rental equipment used in the Construction Contract, architectural or otherwise have obligations to Claimants under this Bond. and engineering services required for performance of the work of 10 The Surety hereby waives notice of any change, including changes the Contractor and the Contractor's subcontractors, and all other of time, to the Construction Contract or to related subcontracts, pur- items for which a mechanic's lien may be asserted in the jurisdic- chase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this tion where the labor, materials or equipment were furnished. Bond other than in a court of competent jurisdiction in the location 15.2 Construction Contract: The agreement between the Owner in which the work or part of the work is located or after the expiration and the Contractor identified on the signature page, including all of one year from the date (1) on which the Claimant gave the notice Contract Documents and changes thereto. required by Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last 15.3 Owner Default: Failure of the Owner,which has neither been labor or service was performed by anyone or the last materials or remedied nor waived,to pay the Contractor as required by the Con- equipment were furnished by anyone under the Construction Con- struction Contract or to perform and complete or comply with the tract, whichever of(1) or(2) first occurs. If the provisions of this other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal) Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: Page 2 of 2 l�i>r ow REPwuc • {'„ tit * Surety Company POWER OF ATTORNEY ii1, Lill' *** KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: DICK C E DAVIS, SARAH N. STARKS, [rt= OMAHA, NE i1 its true and lawful Attorney(s)-in•Fact,with full power and authority for and on behalf of the company as surety,to execute and deliver and affix the seat of the company thereto(if a seal is required).bonds,undertakings,rec ognizances or other written obligations in the nature thereof.ictiae:Ivan bG•t Lniris Lek cep,,.r.n'y bands, mcrtg<?ge oec:er-t-y bcnos,mortgage guarantybonds,guarantees rs.`tr stallrrent paper and note qunr.rnty tares,seif-tr .tra r-r_mince v.cer cxampfri t rn bonds gun:':anteerrg plyme Fri of benefits.asbestos atzatemere contract bends,leaste mtanavemer3t bonds.hazardcia r:aste rerrieC ta:,4n coeds i ace:urr, as follows: ALL I4IR I TTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF ONE BILLION DOLLARS IS1 ,0O0t000) FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomays-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 is signed and seated by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBUC 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 the 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 bending upon the Company (I) when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal-be required)by any secretary or assistant 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 duty authorized attorney-in-fact or agent;or (iii) when duly executed and sealed (if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits 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 seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the-execution and delivery of arty bond,undertaking,recNnizance,or othersuretyship obligations of the company;and such manually and seat when so used shall have the same force and effect as though affixed. IN WITNESS WHEREOF,OLD li PUBLIC suRary COMPANY has caused these presents to be-signed by its proper officer,and its corporate seal to be affixed this _' D day of_ _ — 19913 OLD REPUBUC SURETY COMPANY -6) 147 1'4 „;;;17.--"A--,-2, 4 � e ` er Assistant Secret es Pendent STATE OF WISCONSIN,COUNTY OF WAUKESHA—SS On this Ft') day of F3f'R t L 1 r C . personally came before me, JAMES E. LEE and DAViP E?MENZEt- 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 theauthority of the board of directors of said corporation. ittriAlt Wary Pub"s ‘,Pust.4 02/1012001 G ` My commission expires: CERTIFICATE f, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the 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. $0-27i. 1 t ; Signed and sealed at the City of Brookfield.Wi this j slay of 0,-tc,bPr, 1998 9` DAV I S I NSUR . AGENCY l ./Alttr'Z 9.. a�s,starrr J. rerny THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON COLORED BACKGROUND AND IS MULTI-COLORED ORSC 222t32 t 1,.97) :.. .... ... .. .... .: .. �::::: ::. �: �:::iii:i'v; .;: F. �:.�. ............. :... .. .... ... .. .... .. .. ... .... ... .... .... :n •i:4. :iii. :. ..:i.:. `�!i%f%<:: �i�'Ji``..:;:,.,ii:;�: • ..: ACORD •:::<. .. :.. ..: . . A•:: .:: ::..i:., .. :: ... . :::•::. ....�E.RT1 F:(.0 .. . ... .. . :..... : ••�� �:.::� .�. DATE(MMlOD/YYJ .::::::::::.:�::........... .......:.:...:.:......... ..........:............................:. 12/29/1997 ' PRODUCER (402)571-3600 FAX' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 4abi ty—Perry Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3205 No. 90th St. , Ste 109 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. . • 0. Box 4039 COMPANIES AFFORDING COVERAGE umaha, NE 68104 COMPANY GENERAL CASUALTY INS. CO. Attn: Ext: A INSURED Sn Lawnsmith & Co. , Inc-0 COMPANY 3731 State Street ; ' e Omaha, NE 68112 , ' COMPANY l•• COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MMIDDIYY) GATE(MM/OOIYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE ,S 1,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG S 1,000,000 ""' CLAIMS MADE X OCCUR PERSONAL&ADV INJURY S 500,000 A CCI0177523 01/01/1998 01/01/1999 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE S 500,000 FIRE DAMAGE(Any one fire) S 50,000 MED EXP(Any one person) S 5,000 AUTOMOBILE LIABILITY :X ANV AUTO COMBINED SINGLE LIMB S 500,000 X ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) CBA0177523 01/01/1998 01/01/1999 A X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per acc dent) PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT :S ANY AUTO •.;.;o,,;...,.1.,.::..,..y`,. OTHER THAN AUTO ONLY: ...............::::::: EACH ACCIDENT:S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE .S 1,000,000 A X UMBRELLA FORM CCI0177523 . 01/01/1998 01/01/1999 AGGREGATE .5 OTHER THAN UMBRELLA FORM :$ WC STATU• iOTH-:::'::'3:::i:>:'532%`ri22 'ij>:;. WORKERS COMPENSATION AND ••:.•'i�:. EMPLOYERS'LIABILITY EL EACH ACCIDENT S 100,000 A CWC0177523 01/01/1998 01/01/1999 '""'"""' '•• "•••" ••'•• THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT 'S 500,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL• EL DISEASE-EA EMPLOYEE S 100,000 OTHER . AINHOLLV ALtO 1NVAISSY ti) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ADDITIONAL INSURED: CITY OF OMAHA A ©j t MU :.. ... ....:.._,,.,.,... : ..:;::»::>::>::>::>::>::>::>;::>::>::>::»::>::>;>:.i::>::i:::�::>::><:>::»»::>::>::»::>::>::::i::;::>::i::>::>::;::>:::::::>::i:.>::»>:::�>•:i......:;::;.' ,..:,.:;::,:::>,;ii;:>:::;;i;;:;_;:ii;;»::;::::�:::>:.,;>::i:.isi;>;::::::.:,;:>:.::::::::;:i:.,<.:::;;,:;i;i>;.:., :C>±R7 E::H(#UER':>:z::::�>::::>::>::::>::>:<:«<:>::>:::::>::>::>::>::>::»;»>;::::<:::>:»>::>::>::>::»::>::>::>::::>::>::»>:z>:»::i::>::<:<:::>::>::.'AAiCELLAT(ON:sz:>:<:r:::>::::;:>:�>::>::::>::::>::::>::::::»»::>:»::::::::»;>:<:>:::»»::::>::> ;:>::::::;:::<>::<:>.>.::>::::::::»::»�::%:>:::.i:.i;;i•:.i. 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 DEPT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1819 FARNAM STREET OF ANY KIND UPON THE COMPANY.ITS AGENTS OR REPRESENTATIVES. 0 OMAHA, NE 68183 AUTHORIZED REPRESENTATIVE - • David Perry l 6';.:;.:;.:>:;:•:;::;•i:•i:.i:;>:�.;:.;::.:.:::.::•::.ii:;•i:;:.;:;.i:;;:.;i:.i;:.iii:;;.;:.;;:.::.;:.;:.>:::�>;:.;>;:.;:.:;:.;:;•;:.iiiiis;iii:.;::;•::;:•i:.>:::<:;.: ;:.;:<;.ii:•;ii:•i:.:::.i:.i:.i:.ii:.i::<.;:.;ii:.i:.;:.;;::.;:.;;;:.;:.::;.;::;�;.: ,ACO�:'25�3::'179... :......................................................................................................................................................................................................L�3ACtJf2D::G.ORPf3RA. ..998E ................................................................................... ...... .... • C-25A • CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr December 1 19 98 • 1 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: -' WHEREAS, bids were received on September 30,.1998, for furnishing materials, labor and all else necessary to complete all work in connection with the site improvements at Bowling Green Park; and, • WHEREAS,LawnSmith& Co., Inc., submitted the lowest and best bid, within bid specifications, for the work in connection with the site improvements in the total amount of $69,000.00; and, WHEREAS, LawnSmith & Co., Inc., has complied with. the City's Contract Compliance Ordinance No. 28885 in relation to Civil Rights -Human Relations; and, • WHEREAS, the Mayor has recommended 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$69,000.00 from LawnSmith&Co.,Inc.,for furnishing materials, labor and all else necessary to complete the site improvement work on the Bowling Green Park project,being the lowest and best bid received within the bid specifications, is hereby accepted and the contract is approved. The Finance Department is authorized to pay the cost of the park project from the 1992 Recreation and Culture Bond Fund No. 323, Agency No. 120, Organization No. 1295, and Activity No. 3025. APPROVED AS TO FORM: 21 )) C i�,�-t.2� /( SISTANT CITY ATTORNEY DATE P:\PRPP\6305.MAF By. 1--01-1-1/&2911?t-ta., Councilmember Adopted DE — 1 "1998 City Clerk Approved 9V/1 ACTING Mayor f, r 'b Z ; ' 7"n 4 t d 8 r-' P 0 „,c) 0) a o. c),.., f-'+' 3" 5' 7zi O = .,„It,: a.• Z 0 - O O a w raw 0 r. � N r.. CD N ram- n cr �► a W N O ` ¢ m O R° o `� i Ar. r a.g (D `C a �. q+ O �� n fa. M� f--, O . r CD • 69 CDLk) ✓ O n N- ' No _ ViO 5. n N cD '•'. O p W 5. cr, cC2 F CD Ft; ! A� CI:, p Q., O p z cn �• O c4D' N d a) 5. O. p a \� r ,Pc?t'lg( , N I� ' 1 I. T • , •F•e