RES 1998-1572 - Contract with Omaha Business Furniture and ALl Makes Office Equipment for interior furnishings at Benson branch library •
• 01.S AHA,IV4
of a� Administrative Services Department
u Erg('
` '7 Omaha/Douglas Civic Center
E` 1819 Farnam Street,Suite 706
.t .[ p Omaha,Nebraska 68183 0706
°SAT'- 'ti� (402)444-3814
°.p4rED FEBR3" FAX(402)444-5903
Cityof Patrick J.McPherson
Omaha Director
Hal Daub,Mayor
Honorable President
and Members of the City Council,
Transmitted herewith is a Bid Tabulation and a Resolution authorizing the Purchasing Agent to
award contracts to Omaha Business Furniture and'All Makes Office Equipment for Interior
Furnishings at Benson Branch Library.
The following bids were received on April 29, 1998.
Group All Makes Omaha Business
Falcon $ .5,019.49 Lowest $ 5,704.77
Lowenstein $14,722.40 Lowest . $15,168.00
Falcon $22,413.04 Lowest $23,089.88
Bergco $20,787.34 Lowest ' $22,477.60
Eckadams - $ 725.30 Only
Knoll - ' $15,795.56 Only
Knoll - $19,660.25 Only
Total Contract $62,942.27 $36,181.11
The contractors have on file current Annual Contract Compliance Report Forms(CC-1). As is City
policy, the Human Relations Director will review the contractors to ensure compliance with the
Contract Compliance Ordinance.
The Finance Department is authorized to pay the cost of Interior Furnishings at Benson Branch
Library from the Library Facilities Fund 329, Organization 1695.
•
Honorable President
and Members of the City Council
Page 2
The Administrative Services Department recommends the acceptance of the bids received, in the
amount of$62,942.27 and $36,181.11, being the lowest and best bids received, and requests your
consideration and approval of this Resolution.
Respectfully submitted, Referred to City Council for Consideration:
. c/2-0
Patric J. McPherson Date Mayor's Office/Title Date
Director
Approved: Approved:
/ R S ?el
Louis A. D'Ercole g ) Date eorge vis, Jr. Date
Finance Director I°" " Huma elations Director
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V
CONTRACT
THIS CONTRACT, made and entered into this J- day of A.D., i 8,
by and between the City of Omaha, a Municipal Corporation in Douglas Co ty,Nebraska, party
of the first part and hereinafter called "OWNER", and All Makes Office Equipment, with principal
place of business at: 2558 Farnam Street, Omaha, Nebraska 68131, hereinafter called
"CONTRACTOR":
WHEREAS,said Contractor did,under date of April 29, 1998, submit a proposal to construct
as outlined in the proposal the Interior Furnishings at Benson Branch Library for the City of Omaha,
for the sum of$62,942.27 (Sixty Two Thousand Nine Hundred Forty Two and 27/One Hundredths
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. /57
adopted Z/9//d' , 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
Interior Furnishings at Benson Branch Library,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 Interior Furnishings at Benson Branch Library, 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 2918 North 60 Street, 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 Interior Furnishings at Benson Branch Library, in accordance with the
aforesaid plans, specifications and addenda, and agrees to do so for the sum of
$62,942.27.
e. Owner agrees to pay Contractor said amount of$62,942.27 in accordance with the
provisions of the aforesaid specifications, addenda and proposal of the Contractor
accepted by Owner.
f. All provisions of aforesaid plans, specifications and addenda shall be strictly
complied with and conformed to by Contractor,the same as if re-written herein, and
no substitution or change in said plans, specifications and addenda shall be made
except upon written consent or written direction(the form of either of which shall be
a written"Change Order") of Owner and Owner's Architect, City of Omaha, and any
such substitution or change shall in no manner be construed to release either party
from any specified or implied obligation of the aforesaid plans, specifications and
addenda except as specifically provided for in the Change Order.
g. This Contract is entered into subject to the following conditions:
g-1. Contractor does hereby state, warrant and covenant that it has not retained or
employed any company, or person, other than bona fide employees working for said
Contractor,to solicit or secure this Contract,and that it has not paid or agreed To pay
any company or person, other than bona fide employees working solely for the
Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this
Contract. For breach of violation of this statement, warrant, and covenant,the City
of Omaha shall have the right annul this contract without liability.
g-2. Contractor shall comply with all Municipal Ordinances and State and Federal Laws
relating to, or applicable to, this work.
g-3. Contractor shall furnish Performance,Payment and Maintenance Bond in an amount
at least equal to one hundred percent of the Contract price, and shall maintain during
the life of the Contract, Fire, Workmen's Compensation, Public Liability and
Property Damage insurance, all as required in the aforesaid specifications and
addenda.
g-4. Owner, its employees and representatives, and its Architect shall have access to the
work wherever it is in preparation or progress, and the Contractor shall provide
proper facilities for such access and inspection by them.
g-5. The Contractor shall indemnify and save harmless the City of Omaha, its officers,
employees, and agents from all claims, suits or actions of every kind and character
made upon or brought against the said City of Omaha, its officers, employees and
agents, for or on account of any injuries or damages received or sustained by any
Party or parties by or from the acts of the said Contractor or its servants, agents and
subcontractors in doing the work therein contracted for, or by or in consequence of
any negligence in guarding the same or any improper material used in its
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construction, or by or on account of any act or omission of said Contractor or its
servants, agents, and subcontractors; and also from all claims of damage or
infringement of any patent in fulfilling this Contract.
g-6. Contractor shall pay to the Unemployment Compensation Fund of the State of
Nebraska unemployment contributions and interest due under the laws of the State
of Nebraska on wages paid to individuals employed in the performance of this
Contract, and shall submit to the City of Omaha a written clearance from the
Commissioner of Labor of the State of Nebraska 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.
/
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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
1980, and shall permit reasonable access to his records. Records accessible to the
Contract Compliance Officer shall be those which are related to paragraphs g-7
through g-13 and only after reasonable notice is given the Contractor. The purpose
for this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
g-12. The Contractor shall take such actions with respect to any subcontractor as the City
may direct as a means of enforcing the provisions of paragraphs g-7 through g-13
herein,including penalties and sanctions for noncompliance,provided,however,that
in the event the Contractor becomes involved in or is threatened with litigation as the
result of such directions by the City, the City will enter into such litigation as is
necessary to protect the interests of the City to effectuate the provisions of the
Ordinance and in the case of contracts receiving Federal assistance, the Contractor
or the City may request the United States to enter into such litigation to protect the
interest of the United States.
g-13. The Contractor shall file and shall cause his subcontractors,if any,to file compliance
reports with the Contractor in the same form and to the same extent as required by
the Federal government for Federal contracts under Federal rules and regulations.
Such compliance reports shall be filed with the Contract Compliance Officer.
Compliance reports filed at such times as directed shall contain information as to the
employment practices, policies, programs and statistics of the Contractor and his
subcontractors.
g-14 The Contractor shall include the provisions of paragraphs g-7 through g-13 of this
Section, Equal Employment Opportunity Clause, and Section 10-193 in every
subcontract or purchase order so that such provisions will be binding upon each
subcontractor or vendor.
g-15. Contractor shall pay all just claims due for the payment of all employees and
mechanics for labor that shall be performed, for the payment of all material and
equipment furnished, and for the payment of material and equipment rental which is
actually used for rented in the performance of the Contract.
g-16. Contractor agrees to commence work on the date specified in the notice from the
Contract Administration Division of the Department of Administrative Services, and
to complete all the work within a period of seventy calendar days.
g-17. The Contractor shall guarantee his work for material and workmanship for a period
of one(1)year(s) after the date of completion of his Contract, and should any defect
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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.
g-18. Contractor shall maintain fair labor standards in accordance with any valid laws of
the State of Nebraska in the execution of this Contract.
h. Upon receipt of written notice by Owner and its Architect that the Construction is
ready for final inspection and acceptance, the Architect shall promptly make such
inspection and,when he find the construction acceptable under the Contract and the
Contract fully performed, he shall promptly issue a final certificate, over his own
signature, stating that the construction provided for in this Contract has been
completed and is accepted by him under the terms and conditions thereof, and that
the entire balance found to be due the Contractor, and noted in said final certificate,
is due and payable. Before issuance of final certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material bills, and other
indebtedness connected with the work have been paid. If, after the work as been
substantially completed, full completion thereof is materially delayed through no
fault of the Contractor, and the Architect so certifies, the Owner shall, upon
certificate of the Architect and without terminating the Contract, make payment of
the balance due for that portion of the work fully completed and accepted. Such
payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
The Contractor shall procure a policy, or policies,of insurance which shall guarantee
payment of compensation according to the Worker's Compensation laws of Nebraska
for all workers 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
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price as awarded (a) by ten percent, if the original bid price is one hundred fifty
thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars
($75,000) or more, shall be approved by the City Council in advance of the
acceptance of any purchase in excess of such limits or the authorization of any
additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council. The
originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the City
Council. The provisions of this Section will be quoted in all future City contracts.
Nothing in this Section is intended to alter the authority of the Mayor under Section
5.16 of the City charter to approve immediate purchases.
IN WITNESS WHEREOF,we the contracting parties, by our respective duly authorized
agents,hereto affix our signatures eals at Omaha,Nebraska,this al* day of A4 AI
19 It, and this f/ day of , 19respectively.
CITY OF OMAHA, A Municipal Corporation in Douglas County,Nebraska, Party of the
First Part and also designated as Owner.
ATTEST: CITY OF OMA ,a Municip 1 Corporation
LERK OF T CITY OF OMAHA AT MAYO T DAT
ALL MAKES OFFICE EQUIPMENT
16.11/
(Seal of the City) BY ,`_ 607.4,ef
AU ' • rm.". PRESENTATIVE DATE
11:4"
er�D AS TO F F:
PR VED AS FO
ASSIST CITY ATTORNEY DATE
P:\ASD\5640.MAF
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SECTION IV
•
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That All Makes Office Equipment Company
Omaha,Nebraska, hereinafter called the Principal, and United States Fidelity and
Guaranty Company hereinafter called the Surety, are held and firmly
bound unto the City of Omaha, a Municipal Corporation in Douglas County,Nebraska,hereinafter
called the Owner, in the penal sum of*Sixty Two Thousand Nine Hundred Forty—Two and 27/100*
($*62'.Y4-2 27 ), 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 the13th day
of May , 19 98 ,entered into a Contract with the Owner for the construction by the
Principal, as All Makes Office Equipment Company Contractor,of
Interior Furnishings at'Benson Branch Library located at Omaha 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: If the Principal shall faithfully perform the Contract on his part, shall satisfy all
claims and demands incurred for the same, shall fully indemnify and save harmless the Owner from
all cost and damage which said Owner may suffer by reason of failure so to do, and shall fully
reimburse and repay said Owner all outlay and expense which said Owner may incur in making good
any such default; and,
SECOND: The Principal shall indemnify and save harmless the City of Omaha,its officers,
employees,and agents from all claims,suits or actions of every kind and character or on account of
any injuries or damages received or sustained by any party or parties by or from the acts of the said
Contractor or its servants,agents and subcontractors,in performing under said Contract, or by or in
consequence of any negligence in guarding the same or any improper material used in its
construction, or by or on account of any act or omission of said Contractor or its servants,agents and
subcontractors; and, also from all claims of damage for infringement of any patent in fulfilling said
Contract; and
THIRD: The Principal and Surety on this bond hereby agree to pay all persons, firms or
corporations having Contracts directly with the Principal or with subcontractors all just claims due
them for the payment of all laborers and mechanics for labor which shall be performed, for the
payment of all materials and equipment furnished,and for the payment and equipment rental which
is actually used or rented in the performance of the Contractor on account of which this bond is
given,when the same are not satisfied out of the portion of the Contract price which the Owner may
retain until completion of the construction;and,
IV-I
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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 13th day of May A.D., 1998 in the presence
of:
•
All Makes Office Equipment Company
Contrac r(firm Name)
• By
Wi e Ti e
COUNTER SIGNED: Er 'r 2Q, 1
United States Fidelity And Guaranty Co.
Resident Agent Surety
APPROVED AS TO FORM: •
/ - By
City Attorney Attorney-In-Fact
John E. Bush
P:NSD\STORED\0002.PMT
IV-2
I -a
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(•••
1333764
United States Fidelity and Guaranty Company %Power of Attorney V s F�-Gy
No. 109832
Know all men by these presents:That United States Fidelity and Guaranty Company,a corporation organized and existing under the laws of the State of
Maryland and having its principal office at the City of Baltimore,in the State of Maryland,does hereby constitute and appoint William J. P itre,
Richard D. Cooper, Walter B. Anderson and John E. Bush
of the City of Omaha ,State of Nebraska its true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than
one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written instruments in the
nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons;guaranteeing the performance of contracts;and executing or guaranteeing
bonds and undertaking required or permitted in any actions or proceedings allowed by law.
In Witness Whereof,the said United States Fidelity and Guaranty Company,has caused this instrument to be sealed with its corporate seal,duly attested by
the signatures of its Vice President and Assistant Secretary,this 26th day of April ,A.D.19 96.
,tr United States Fidelity and Guaranty Company,
�,,,m /?- .-0-‘51'&.....,
(Signed) By 1.A
ION Vice President
�f'M1 xit4ite
(Signed) By . ..=
t rl why Assistant Secretary
State of Maryland► 4°SS: �q 1.
Baltimore City ) � �`' 1�.0:
On this 26th day of April A.D�19/96 ,before me person is iy,caamme Gary A.Wilson,Vice President of United States Fidelity and
Guaranty Company,and Thomas J.Fitzgerald,Assistant Secretary bf said Company,with oth'of-whom I am personally acquainted,who being by me severally duly sworn,
said,that they,the said Gary A.Wilson and Thomas J.Fitfg`er dwere respective)y, e-Tice-President and the.Assi?nt`Stecretary of the said United States Fidelity and
Guaranty Company,the corporation described in and wh ch executed the foregoing Poower of Attorney;that the a iih knew the seal of said corporation;that the seal affixed
to said Power of Attorney was such corporate'seal tha it was so affixed•bV r of the Board of Directtrsoi said corporation,and that they signed their names thereto by
like order as Vice President and Assistant Secretary,respectively,of,the Company. jY
My Commission expires the 1st day oof;; 'guS' A.D.19 98 � i
- 4.8.,*) y 16
ry Publ.
4.74 ar
This Power of Attorney is granted under and 6`y thority of the following Resolutions adopted by the Board of Directors of the United States Fidelity and
Guaranty Company on September 24,1992:
Resolved,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to
said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with
these resolutions.Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,
or the President,or an Executive Vice President,or a Senior Vice President,or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant
Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the foregoing officers and the
seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneys)-in-Fact for purposes only of executing in
and attesting bonds and undertakings and other writings obligatory in the nature thereof,and,unless subsequently revoked and subject to any limitations set forth therein,
any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
Resolved,That Attorney(s)-in-Fact shall have the power and authority,unless subsequently revoked and,in any case,subject to the terms and limitations of the
Power of Attorney issued to them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other
writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in Fact shall be as binding upon the Company as if signed by an Executive
Officer and sealed and attested to by the Secretary of the Company.
I,Thomas J.Fitzgerald,an Assistant Secretary of the United States Fidelity and Guaranty Company,do hereby certify that the foregoing are true excerpts
from the Resolutions of the said Company as adopted by its Board of Directors on September 24,1992 and that these Resolutions are in full force and effect.
I,the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company,do hereby certify that the foregoing Power of Attorney is in full
force and effect and has not been revoked.
• In Testimony Whereof,I have hereunto set my hand and thQ seal he United States Fid 'ty and Guaranty Company,
on this 13th.day of May .19 98
r
'mraao Assistant Secretary
o, 1696
FS 3)5-95) \ 1511)
J >
. .
. . .
1 A CORD,. DATE"m""iiir
05/14/98
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
GRACE/MAYER INSURANCE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
10050 REGENCY CIR #300 COMPANIES AFFORDING COVERAGE
OMAHA NE 68114 COMPANY
A ST PAUL INS
INSURED
COMPANY
ALL MAKES OFFICE EQUIP CO B HARTFORD INSURANCE
COMPANY
2558 FARNAM ST
OMAHA NE 68131 COMPANY
COVERAGES
..1
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POLICY EXPIRATION
LIMITS
LTR DATE(MM/DD/YY) DATE(MM/DD/YY)
A GENERAL LIABILITY CK02601828 12/15/97 12/15/98 GENERALAGGREGATE $1, 000, 000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $1, 000, 000
CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $1, 0 0 0, 0 0 0
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1, 000, 000
FIRE DAMAGE(Any one fire) $ 10 , 000
MED EXP(Any one person) $ 5, 000
B AUTOMOBILE UABIUTY 91UENLW6086 12/15/97 12/15/98 1, 000, 000
COMBINED SINGLE LIMIT $
X ANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
A EXCESS LIABILITY CK02601828 12/15/97 12/15/98 EACH OCCURRENCE $6, 000, 000
X UMBRELLA FORM AGGREGATE $6, 000, 000
OTHER THAN UMBRELLA FORM
B WORKERS COMPENSATION AND 91WBAW8526 12/15/97 12/15/98 X TtlysItalli °E1
EMPLOYERS'LIABILITY
EL EACH ACCIDENT $ 10 U
THE PROPRIETOR/ $ 500, 000
PARTNERS/EXECUTIVE INCL EL DISEASE-POUCY LIMIT
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 100, 000
OTHER APPRPVECW> 11):41ZW'
ASSISTANT my ATTORNEY
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
CITY OF OMAHA ADDITIONAL INSURED UNDER THE GENERAL LIABILITY AS RESPECTS
WORK DONE BY THE INSURED - INTERIOR FURNISHINGS AT BENSON BRANCH LIBRARY
4ERTIFIcATag.iicumRommunumm:.!::::::mmim.:EgmEngmcmjcatxmonumommomm;;;;;;ngiiiimmigmEN;;;;;;;.E::::Em.i;:ig
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF OMAHA EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
OMAHA/DOUGLAS CIVIC CENTER 10_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
1819 FARNAM ST SUITE 706 BUT FAILUMrTelliAlyUCH NOTICE SHALL IMPOSE N)I:IBUGATION OR LIABILITY
OMAHA NE 68183-0706 OF ANY MO /IcaPhiVr.' Pligas-oRmmmumwwn.
MMOMMD REPRESS E .7/Li
John L NY A
TO THE CITY OF OMAHA:
CERTIFICATE OF EQUIPMENT ASSESSMENT
Undersigned hereby certifies that all equipment to be used by undersigned in the performance of
the contract pertaining to the project for:
Interior Furnishings (&_ Benson Branch Library
and pursuant to Contract between undersigned and the City of Omaha has been assessed for
taxation for the current year, except as to equipment acquired since the assessment date. Said
equipment has been assessed in Douglas County Nebraska..
This Certificate is submitted pursuant to the requirements of Section 77-1323, Reissue Revised
Statues of Nebraska, 1943, as amended.
All Makes Office Equipment
A 1hfMk b4 Corporation
By ,2 i- v
Partnership 41,,47J 0". ,, MOS gine/ o
By: Attest:
Partner "Segetaryi
Partner Corporate Seal Attached:
•
Partner
STATE OF NEBRASKA)
SS.
COUNTY OF DOUGLAS)
A Fircbe ieoe5 and :IEFFleay 4. 4l4vre44. being first duly
sworn on oath, depose and say that the re and Secretary, respectively, of
14GL "4 5 of-HCE ERIAllfriarr CO., a CorporM7,1rdt ey have read the foregoing Certificate, know its
contents, and the same are true.
SUBSCRIBED and sworn to before me this I1T* day of iAAtf , A.D., 19g3
•
`Notary Public ° GENERAL NOTARY-Stateof Nebrasti
N.A.MUDRA
My Comm.Exp.Feb.25,1999
My Commission Expires .1A5 9
9/80
CONTRACT
THIS CONTRACT,made and entered into this //' day of ee _ A.D., 19 7N,
by and between the City of Omaha, a Municipal Corporation in Dougla County,Nebraska,party
of the first part and hereinafter called "OWNER", and Omaha Business Furniture with principal
place of business at: 5005 South 110 Street, Omaha, Nebraska 68137, hereinafter called
"CONTRACTOR":
WHEREAS,said Contractor did,under date of April 29, 1998,submit a proposal to construct
as outlined in the proposal the Interior Furnishings at Benson Branch Library for the City of Omaha,
for the sum of$36,181.11 (Thirty Six Thousand One Hundred Eighty One and 11/One Hundredths
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. /6�
adopted /9/9 , 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
Interior Furnishings at Benson Branch Library,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 Interior Furnishings at Benson Branch Library, 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 2918 North 60 Street, 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 Interior Furnishings at Benson Branch Library, in accordance with the
aforesaid plans, specifications and addenda, and agrees to do so for the sum of
$36,181.11.
e. Owner agrees to pay Contractor said amount of$36,181.11 in accordance with the
provisions of the aforesaid specifications, addenda and proposal of the Contractor
accepted by Owner.
f. All provisions of aforesaid plans, specifications and addenda shall be strictly
complied with and conformed to by Contractor,the same as if re-written herein, and
no substitution or change in said plans, specifications and addenda shall be made
except upon written consent or written direction(the form of either of which shall be
a written"Change Order")of Owner and Owner's Architect, City of Omaha, and any
such substitution or change shall in no manner be construed to release either party
from any specified or implied obligation of the aforesaid plans, specifications and
addenda except as specifically provided for in the Change Order.
g. This Contract is entered into subject to the following conditions:
g-1. Contractor does hereby state, warrant and covenant that it has not retained or
employed any company, or person, other than bona fide employees working for said
Contractor,to solicit or secure this Contract,and that it has not paid or agreed To pay
any company or person, other than bona fide employees working solely for the
Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this
Contract. For breach of violation of this statement, warrant, and covenant,the City
of Omaha shall have the right annul this contract without liability.
g-2. Contractor shall comply with all Municipal Ordinances and State and Federal Laws
relating to, or applicable to,this work.
g-3. Contractor shall furnish Performance, Payment and Maintenance Bond in an amount
at least equal to one hundred percent of the Contract price, and shall maintain during
the life of the Contract, Fire, Workmen's Compensation, Public Liability and
Property Damage insurance, all as required in the aforesaid specifications and
addenda.
g-4. Owner, its employees and representatives, and its Architect shall have access to the
work wherever it is in preparation or progress, and the Contractor shall provide
proper facilities for such access and inspection by them.
g-5. The Contractor shall indemnify and save harmless the City of Omaha, its officers,
employees, and agents from all claims, suits or actions of every kind and character
made upon or brought against the said City of Omaha, its officers, employees and
agents, for or on account of any injuries or damages received or sustained by any
Party or parties by or from the acts of the said Contractor or its servants, agents and
subcontractors in doing the work therein contracted for, or by or in consequence of
any negligence in guarding the same or any improper material used in its
- 2 -
construction, or by or on account of any act or omission of said Contractor or its
servants, agents, and subcontractors; and also from all claims of damage or
infringement of any patent in fulfilling this Contract.
g-6. Contractor shall pay to the Unemployment Compensation Fund of the State of
Nebraska unemployment contributions and interest due under the laws of the State
of Nebraska on wages paid to individuals employed in the performance of this
Contract, and shall submit to the City of Omaha a written clearance from the
Commissioner of Labor of the State of Nebraska 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.
- 3 -
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
1980, and shall permit reasonable access to his records. Records accessible to the
Contract Compliance Officer shall be those which are related to paragraphs g-7
through g-13 and only after reasonable notice is given the Contractor. The purpose
for this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
g-12. The Contractor shall take such actions with respect to any subcontractor as the City
may direct as a means of enforcing the provisions of paragraphs g-7 through g-13
herein,including penalties and sanctions for noncompliance,provided,however,that
in the event the Contractor becomes involved in or is threatened with litigation as the
result of such directions by the City, the City will enter into such litigation as is
necessary to protect the interests of the City to effectuate the provisions of the
Ordinance and in the case of contracts receiving Federal assistance, the Contractor
or the City may request the United States to enter into such litigation to protect the
interest of the United States.
g-13. The Contractor shall file and shall cause his subcontractors,if any,to file compliance
reports with the Contractor in the same form and to the same extent as required by
the Federal government for Federal contracts under Federal rules and regulations.
Such compliance reports shall be filed with the Contract Compliance Officer.
Compliance reports filed at such times as directed shall contain information as to the
employment practices, policies, programs and statistics of the Contractor and his
subcontractors.
g-14 The Contractor shall include the provisions of paragraphs g-7 through g-13 of this
Section, Equal Employment Opportunity Clause, and Section 10-193 in every
subcontract or purchase order so that such provisions will be binding upon each
subcontractor or vendor.
g-15. Contractor shall pay all just claims due for the payment of all employees and
mechanics for labor that shall be performed, for the payment of all material and
equipment furnished, and for the payment of material and equipment rental which is
actually used for rented in the performance of the Contract.
g-16. Contractor agrees to commence work on the date specified in the notice from the
Contract Administration Division of the Department of Administrative Services,and
to complete all the work within a period of 60-90 calendar days.
g-17. The Contractor shall guarantee his work for material and workmanship for a period
of one(1)year(s) after the date of completion of his Contract, and should any defect
-4 -
fc
N
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.
g-18. Contractor shall maintain fair labor standards in accordance with any valid laws of
the State of Nebraska in the execution of this Contract.
h. Upon receipt of written notice by Owner and its Architect that the Construction is
ready for final inspection and acceptance, the Architect shall promptly make such
inspection and,when he find the construction acceptable under the Contract and the
Contract fully performed, he shall promptly issue a final certificate, over his own
signature, stating that the construction provided for in this Contract has been
completed and is accepted by him under the terms and conditions thereof, and that
the entire balance found to be due the Contractor, and noted in said final certificate,
is due and payable. Before issuance of final certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material bills, and other
indebtedness connected with the work have been paid. If, after the work as been
substantially completed, full completion thereof is materially delayed through no
fault of the Contractor, and the Architect so certifies, the Owner shall, upon
certificate of the Architect and without terminating the Contract, make payment of
the balance due for that portion of the work fully completed and accepted. Such
payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
The Contractor shall procure a policy, or policies,of insurance which shall guarantee
payment of compensation according to the Worker's Compensation laws of Nebraska
for all workers 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
- 5 -
•
price as awarded (a) by ten percent, if the original bid price is one hundred fifty
thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars
($75,000) or more, shall be approved by the City Council in advance of the
acceptance of any purchase in excess of such limits or the authorization of any
additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council. The
originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the City
Council. The provisions of this Section will be quoted in all future City contracts.
Nothing in this Section is intended to alter the authority of the Mayor under Section
5.16 of the City charter to approve immediate purchases.
IN WITNESS WHEREOF, we the contracting parties, by our respective duly authorized
agents,hereto affix our signatures and seals at Omaha,Nebraska,this /L" day of
19gg, and this 10 day of , 199'crrespectively.
CITY OF OMAHA, A Municipal Corporation in Douglas County,Nebraska, Party of the
First Part and also designated as Owner.
ATTEST: CITY OF O a Municipal rporation
-..-6/71747/
CITY CLERK OF THE CITY OF OMAHA DATE MAYOR THE CITY OF OMAHA\ DATE
OMAHA BUSINESS FURNITURE,
(Seal of the City) B i
UTHORIZED S IVE
APPROVED AS TO FORM:
ASSIST_i.r CITY ATTORNEY DATE
P:\ASD\5642.MAF
•
- 6 -
- MAY, 14. 1998 1 :42PM AON RISK SERVICES NO. 5398 P. 1
v r: r'•-
;�,f:' t: H., `:`�,.:. .:+:.; 'M:YIZ^.>�r'p$y;Y.,i:('>�::'i!!nSY.p:;•.
> `� s:x..c.r.,:,:;•A .,as:v,:a; DATE(MM/OD/YY) Y^„'
CORD n.. :wo •r!,n!w.:;�::•'.s....r.,..;
)� r .!,�� 5 12 9
>u!,•}vti•:c>a�>:c�.....�:c•r:>:•:vwca.n.>...:_:................. .....«if:n.>..v....,>>.:. ,.,..rr.,..,'`b:.',M£t:cw;;.�., d �
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Aoa Risk Services, Inc.of NE - ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 3307 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
License #0871006 COMPANIES AFFORDING COVERAGE
Omaha, NE 68154-3307 COMPANY
402-697-1400 A Charter Oak Fire
INSURED
COMPANY
Omaha Business Furniture, Inc. a Phoenix Insurance Company
4026 So. 108th Street COMPANY
Omaha, NE 68137 C Travelers Insurance
COMPANY
i
I D Travelers Indemnity Company
>£. .h i ..S,as:. :,>.; v. +.til'S�� :��r•:•L• r!J. ila '•?!: ^yj:>.;% f;:�
.�}}�.y��t,�yr�...........,............... ::..... .. ...w.n.n...,..........<>..>.,.>...:...>.,..>�. .......,....��::i�:..>r,.....::r,,....,,.. .:k".. r„R•.xo-»:a ?y: :a&r
.. .lCGilltaSiiG:7. n ,: �t:.ar,:»>..r. .oYr^: :�' <'�1:•e:r.+.•: i t, •:x. »tk�i, ,ar'.5.�•.. .x.v3::i c� Y:°C::"aG: ..,a.vv.,w .: .,v:.h... n.t•: )5...;X..� .3'1-->:..! 9'� ..
••.......•v..:n:w. ,r:'::::.�,;,,:,.�.;.,.::,>.,.,:�::::!,.. :: a.>:.�:.. ,.:::...,...,,.,.¢..:e••;.s<• .,,,,:.vw.,A`IdC4 v>r.»!.M,l+.:<: ,,.e'i$;S�p;yrw nv'ife?a.,v,%a^1...�e"
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 1
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COI TYPE OF INSURANCE POLICY NUMBER I POLKW EFFECTIVE POLICY EXPIRATION LIMITS
LTA ( I DATE memiDO/YY) DATE IMM/DD/YY1 y
1 GENERAL LIABILITY I GENERAL AGGREGATE a 2000000
A J X I COMMERCIAL GENERAL LIABILITY 680710Y1938 2/25/98 2/25/99 PROOUCTS•COMP/OP AGG a 2000000
,'I CLAIMS MADE �I OCCUR I PERSONAL&AOV INJURY a 1000000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 8 1000000
I FIRE DAMAGE(Any one fire' 300000
I MED EXP(Any one person) 8 5 0 0 0
• AUTOMOBILE LIABILITY j
COMBINED SINGLE OMIT a
8 -I ANY AUTO 810710Y1999 2/25/98 2/25/99 500000
I ALL OWNED AUTOS
BODILY INJURY e
X I SCHEDULED AUTOS • I (Per De'eoN s
LE HIRED AUTOS
BODILY INJURY
i X 1 NON-OWNED AUTOS IPer strident
PROPERTY DAMAGE 8 •
•
I GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT B
ANY AUTO NOT APPLICABLE I OTHER THAN AUTO ONLY: „'...'• ' .•• . '
i EACH ACCIDENT
i
'
AGGREGATE 9
EXCESS LIABILITY ; EACH OCCURRENCE a 1000000
D X UMBRELLA FORM CUP710Y1987 2/25/98 2/25/99 (AGGREGATE 9 1000000
I OTHER THAN UMBRELLA FORM e
I WORKERC COMPENSATION AND TORYJ IMLL4- EA r • •. . ..• •••' •
C EMPLOYERS LIABILITY _ U8710Y2020 2/25/98 2/25/99 EL EACH ACCIDENT 9 100000
I THE PROPRIETOR/ INCL I EL DISEASE•POUCY LIMIT ,e 500000
I oATNERS/EXECUTIVE
OFFIGERB AflE; EXCL I EL DISEASE-EA EMPLOYEE a 100000
OTHER ,AppRov0 7:
1
, , a)74,
DESCRIPTION OF OPERATIONS/LOCATIONS/VICLES/SPECIAL ITEMS / / JWSI.9tNNI v,T1 f.{—fLY >
EH
The City of Omaha is named as Additional Insured as respects the general
Liability but only as respects the liability of the City of Omaha arising out
of operations performed by or on behalf. of Omaha Bus
iness nesa rn u
( S:gs.7
1�t ., � :s'i i:t....•�s v� �tA>� �y�p Y •>`, ••f:, ,>.,�" ,r ..-• .`':YEZ �•, k:�.. :, >�:;w„fw•`.,:Y.r»s»/ar.ce9Y�??''.^'%�57'•f.•i
:,\i�%1;11=I'VA"�;`I;��.F7i#61.:.;�.[s.J:::x:a.y:.................:•.n..,:.,.;.5 J'" � .... ....•:. JF;Cr J ... �~ ,. �:
...-.....n.,...,...,. :..................w.;a.;s•onJ:4aew..�>..:.'i%.i.:.....e:ri:5s:e.•>.:iL<b':'.....,..t.•/1,•.e%i�X...7/.32 � �• t:r. wr.'i.. ..3,n.'OtiiR;,.'\,4�..?^':3•t;';h'i23,,.5.. �r.Y...v;ri
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Omaha EXPIRATION DATE THEREOF. THE LSSUINO COMPANY WILL ENDEAVOR TO MAIL
Attn: David G. Johnson 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO The LEFT.
1819 Farnam Street BUT FAILURE TO MAIL SUCH NOTICE SNAL�..IMPOSE NO OBLIGATION OR LIABILITY
Omaha, NE 68183-0706 OF ANT KIN !UPON E COMP4 ITS AGENTS REPRESENTATIVES.
AUTHORIZED�ENTA Ci 781938000
,p > :g .13r : t> i
> ' .s
oy nG:
�N J
.
..—
Received Time May, 14. 1 44PM w
PERFORMANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
• Hartford, Connecticut 06156
Bond No. 20SB101169601BCM E"-1
KNOW ALL MEN BY THESE PRESENTS:
that Omaha Business. Furniture, Inc. , 5005 South 110th St. , Omaha, NE 68137. _
(l4 re insert full name and address or legal title of Contractor)
as Principal,hereinafter called Contractor,and,TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,of Hartford,Connecticut,a corporation
duly organized under the laws of the State of Connecticut,as Surety,hereinafter called Surety,are held firmly bound unto
City of Omaha, Nebraska
(Here insert full name and address or legal title of Owner)
as Obligee,hereafter called Owner,in the amount of Thirty—six Thousand, One Hundred Eighty—one and 11/100---
Dollars(S 36,181. 11 ),for the payment whereof Contractors and Surety bind themselves,their heirs,executors,administrators,successors and
assigns,jointly and severally,firmly by these presents.
WHEREAS,Contractor has by written agreement dated May 18 1998 entered into a contract with Owner for
Interior Furnishings for Benson Branch Library
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such a contract between such bidder and Owner,and make available as Work
that, if Contractor shall promptly and faithfully perform said Contract,then progresses(even though there should be a default or a succession of
this obligation shall be null and void;otherwise it shall remain in full force defaults under the contract or contracts of completion arranged under this
and effect. paragraph)sufficient funds to pay the cost of completion less the balance
of the contract price;but not exceeding,including other costs and
The Surety hereby waives notice of any alteration or extension of time damages for which the Surety may be liable hereunder,the amount set
made by the Owner. forth in the first paragraph hereof. The term'balance of the contract
price,"as used in this paragraph,shall mean the total amount payable by
Whenever Contractor shall be, and declared by Owner to be in default Owner to Contractor under the Contract and any amendments thereto,less
under the Contract, the Owner having performed Owner's obligations the amount properly paid by Owner to Contractor.
thereunder,the Surety may promptly remedy the default,or shall promptly
Any suit under this bond must be instituted before the expiration of two(2)
1) Complete the Contract in accordance with its terms and conditions,or years from the date on which final payment under the Contract falls due.
2) Obtain a bid or bids for completing the Contract in accordance with its No right of action shall accrue on this bond to or for the use of any person
terms and conditions, and upon determination by Surety of the lowest or corporation other than the Owner named herein or the heirs,executors,
responsible bidder, or, if the Owner elects, upon determination by the administrators or successors of the Owner.
Owner and the Surety jointly of the lowest responsible bidder,arrange for
Signed and this 18thiay of May , 1998
OMAHA BUSINESSiFU TURF, INC.
Pli ipal) (Seal)
(Witness)
\ I (Title)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
LC1/41,tt; nil 0
(Witness) By -- RAJ \ 1 __
Claudia A. Rathbun, 2 , Attorney-in-Fact
•
Printed in cooperation with the American Institute of Architects(MA)by Travelers Casualty and Surety Company of America. The language in
this document conforms exactly to the language used in AIA Document A311,February 1970 edition.
S-1870-E (07-97)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRA'—?.LERS CASUALTY AND SURETY COMPAIr
ARM NGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9062
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
Lisle,Illinois 60532
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON •CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Lisle, County of
DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make,
constitute and appoint: John D. Diesing, Jr., James L. Arts, David B. McCue, Connie Magni, Gary E. Lee, Donna J.
Lambelet,Patrick M.McCahill,S.P.Eberhart,Claudia A.Rathbun or Diane Akins * *
of Omaha, NE, their true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge,at any place within the United States,or, if the following line be filled in,within the area there designated
the following instrument(s):
by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance,or conditional undertaking and any and all consents incident thereto
and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies,and all the acts of said Attorney(s)-in-Fact,pursuant to the authority herein given,are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any
Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in
the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman,the Fresident,any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any
Senior Vice President or any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if
required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS,which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President,any Assistant Vice President, any Secretary, any.Assistant Secretary,and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(8-97)
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr I 19
•
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,bids were received on April 29, 1998,for Interior Furnishings at Benson
Branch Library; and,
WHEREAS,All Makes Office Equipment and Omaha Business Furniture submitted
bids of$62,942.27 and$36,181.11,being the lowest and best bids received for Interior,Furnishings
at Benson Branch Library.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT,the bids of$62,942.27 and$36,181.11 from All Makes Office Equipment and
Omaha Business Furniture for Interior Furnishings at Benson Branch Library,being the lowest and
best bids received be accepted and contracts awarded.
BE IT FURTHER RESOLVED:
THAT,the Finance Department is authorized to pay the cost of Interior Furnishings
at Benson Branch Library from the Library Facilities Fund 329,Organization 1695.
APPROVED AS TO FORM:
ASSJANT CITY ATTORNEY DATE
P:WSD\5680.MAF
By / ember
Adopted SUN — 6 1998 \-57-°
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