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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 P:\ASD\5679.MAF 5.--. `). Z i\''-'1::-1: z `< T 00 = Q D G) o G) CD G) G) 0 5' o -n n Z7 '1 X -, 7 ° 73 � 73 c —, - — -n Q c s • O �' O v O 0 O _ W C Z -i n C C " C C C Si N' C) -D o "0 -a "D ••• c v Z O �' �' C D C a r C r0 C D C a J D -G Q7 -. 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F z• m J Z v CO o W0 -0 o .. <, O 5 a) 0 " 03 co co z- 70 Z- - 7 z n LI- M � z M 1:1c Z (.) = m 7) z 5 = m • = Z n 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 - 2 - f • a 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 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 -4 - 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 - C • • • 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 ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City charter to approve immediate purchases. IN WITNESS WHEREOF,we the contracting parties, by our respective duly authorized agents,hereto affix our signatures eals at Omaha,Nebraska,this al* day of A4 AI 19 It, and this f/ day of , 19respectively. CITY OF OMAHA, A Municipal Corporation in Douglas County,Nebraska, Party of the First Part and also designated as Owner. ATTEST: CITY OF OMA ,a Municip 1 Corporation LERK OF T CITY OF OMAHA AT MAYO T DAT ALL MAKES OFFICE EQUIPMENT 16.11/ (Seal of the City) BY ,`_ 607.4,ef AU ' • rm.". PRESENTATIVE DATE 11:4" er�D AS TO F F: PR VED AS FO ASSIST CITY ATTORNEY DATE P:\ASD\5640.MAF - 6 - SECTION IV • PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That All Makes Office Equipment Company Omaha,Nebraska, hereinafter called the Principal, and United States Fidelity and Guaranty Company hereinafter called the Surety, are held and firmly bound unto the City of Omaha, a Municipal Corporation in Douglas County,Nebraska,hereinafter called the Owner, in the penal sum of*Sixty Two Thousand Nine Hundred Forty—Two and 27/100* ($*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 0\ • 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 r (••• 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-° • City CI A roved.. Il / f pp Mayor b r crbd bd 7d 74. 2. CDCL. . . § CD ON 7J 5 CND p' Q' C CD o a' `zi 4 o-E CD c0 z 80 to ° ¢ �• o b O 0 N CD CD 5. t.,., .as � — d 5 c• o\ a f as °' -- Pi N ° m n 6 • • • } r ,,