RES 1998-1373 - Contract with LawnSmith & Co Inc for rehab work for Hitchcock Park Phase II project .643
arks, Recr tion &
o_ �� E.t ,;,, ,�. Public Property Department
, ?, r� €5 to e+ Omaha/Douglas Civic Center
rlf, 1819 Farnam Street,Suite 701
z f��'�l`k� f' 1 C'' 03 Omaha,Nebraska 68183-0701
o (402)444-5900
r , FAX(402)444-4921
47.ED FEBRUr n t r. a .. _ ._ .
James P.Cleary
City of Omaha Director
Hal Daub,Mayor
May 19, 1998
Honorable President
and Members of the City Council,
Transmitted herewith is a RESOLUTION authorizing the acceptance of the bid and approval of the
contract from LawnSmith & Co., Inc. in the total amount of$142,675.00 for furnishing all labor,
materials and equipment necessary to complete rehab site improvements to Hitchcock Park, Phase
II for the Parks, Recreation and Public Property Department.
The following bids were received on April 8, 1998:
VENDOR BID
LAWNSMITH& CO., INC. $142,675.00 (LOW BID)
Dostal-Voss Construction Inc. $154,343.00
Pospichal Construction $155,000.00
Ponfinio General $158,000.00
The Parks,Recreation and Public Property Department recommends the low bid submitted for the
Hitchcock Park Rehab, Phase II project from LawnSmith& Co., Inc.
The Finance Department is authorized to pay the cost of the rehab project from the 1992 Recreation
and Culture Bond Fund No. 327, Agency 120, Organization 1295, and Activity 3116, Hitchcock
Park Rehab.
The contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City
policy, the Human Relations Director will review the contractor to ensure compliance with the
Contract Compliance Ordinance.
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4
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Honorable President
and Members of the City Council
Page 2
The Parks, Recreation and Public Property Department recommends the acceptance of the bid and
approval of the contract from LawnSmith& Co. Inc., being the lowest and best bid received, within
the bid specifications, attached hereto and made a part hereof and requests your consideration and
approval of this Resolution.
, lly submitted,
OF Approved:
-, es P. Cleary, Director lAir . 54#1�
'arks, Recreation and Pu i Property George . Davis, Jr. Date
Huma elations Director 4T
oved as to Funding: Referred to City Council for Consideration:
Ofi
--A--41_t_AisC-,;:___ —I-
f
Louis A. D'Ercole AA) �ate Mayor's Office/Titl Date
Finance Director
P:\PRPP\7511.SKZ
,S
•
CONTRACT
THIS CONTRACT,made and entered into this c2$""day of A.D., 19 97,
by and between the City of Omaha, a Municipal Corporation in Douglas Co ,Nebraska, party
of the first part and hereinafter called "OWNER", and LawnSmith& Co., Inc., with principal place
of business at: 3731 State Street, Omaha,Nebraska 68112, hereinafter called "CONTRACTOR":
WHEREAS, said Contractor did,under date of April 8, 1998, submit a proposal to construct
as outlined in the proposal to furnish all labor, materials and equipment to complete the site
improvements at Hitchcock Park for the City of Omaha,for the sum of$142,675.00 - One Hundred
Forty Two Thousand Six Hundred Seventy Five 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.43 75,
adopted 67/9/6 ,by the City Council of the City of Omaha:
NOW, THEREFORE, in consideration of the following mutual agreements and covenants,
it is understood and agreed by and between the parties hereto that:
a. The above referred to plans, specifications and addenda, are expressly made a part
hereof the same as though fully set forth herein.
b. The Resolution of Owner ordering or authorizing the construction of the aforesaid
site improvements,the notice inviting contractors to bid as published,the instruction
to bidders,the proposal of Contractor, the bid bond of Contractor, the performance,
payment and maintenance bond of Contractor, the general conditions and all
proceedings by the governing body of the Owner relating to said site improvements
at Hitchcock Park, 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 Hitchcock Park, Omaha,Nebraska, in Douglas County,
Nebraska.
d. The Contractor agrees to furnish all tools,labor,mechanics for labor, equipment and
materials to construct in a good substantial and workmanlike manner, Contractor's
part of said site improvements in accordance with the aforesaid plans, specifications
and addenda, and agrees to do so for the sum of$142,675.00.
e. Owner agrees to pay Contractor said amount of$142,675.00 in accordance with the
provisions of the aforesaid specifications, addenda and proposal of the Contractor
accepted by Owner.
•
L __ a
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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, Paul Martin, and any
such substitution or change shall in no manner be construed to release either party
from any specified or implied obligation of the aforesaid plans, specifications and
addenda except as specifically provided for in the Change Order.
g. This Contract is entered into subject to the following conditions:
g-1. Contractor does hereby state, warrant and covenant that it has not retained or
employed any company, or person, other than bona fide employees working for said
Contractor,to solicit or secure this Contract,and that it has not paid or agreed To pay
any company or person, other than bona fide employees working solely for the
Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the aware or making of this
Contract. For breach of violation of this statement, warrant, and covenant, the City
of Omaha shall have the right to annul this contract without liability.
g-2. Contractor shall comply with all Municipal Ordinances and State and Federal Laws
relating to, or applicable to,this work.
g-3. Contractor shall furnish Performance,Payment and Maintenance Bond in an amount
at least equal to one hundred percent of the Contract price, and shall maintain during
the life of the Contract, Fire, Workmen's Compensation, Public Liability and
Property Damage insurance, all as required in the aforesaid specifications and
addenda.
g-4. Owner, its employees and representatives, and its Architect shall have access to the
work wherever it is in preparation or progress, and the Contractor shall provide
proper facilities for such access and inspection by them.
g-5. The Contractor shall indemnify and save harmless the City of Omaha, its officers,
employees, and agents from all claims, suits or actions of every kind and character
made upon or brought against the said City of Omaha, its officers, employees and
agents, for or on account of any injuries or damages received or sustained by any
Party or parties by or from the acts of the said Contractor or its servants, agents and
subcontractors in doing the work therein contracted for, or by or in consequence of
any negligence in guarding the same or any improper material used in its
construction, or by or on account of any act or omission of said Contractor or its
servants, agents, and subcontractors; and also from all claims of damage or
infringement of any patent in fulfilling this Contract.
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g-6. Contractor shall pay to the Unemployment Compensation Fund of the State of
Nebraska unemployment contributions and interest due under the laws of the State
of Nebraska on wages paid to individuals employed in the performance of this
Contract, and shall submit to the City of Omaha a written clearance from the
Commissioner of Labor of the State of Nebraska certifying that all payments due of
contributions or interest which may have arisen under this Contract have been paid
by the Contractor, or his subcontractor, to the State of Nebraska Unemployment
Compensation Fund. Payment of the final 3% of the total amount of this Contract
shall be withheld until this provision has been complied with.
g-7. The Contractor shall not discriminate against any employee applicant for
employment because of race,religion, color, sex or national origin. The Contractor
shall take affirmative action to insure that applicants are employed and that
employees are treated during employment, without regard to their race, religion,
color, sex, or national origin. As used herein, the word "treated" shall mean and
include,without limitation,the following: recruited(whether advertising or by other
means) compensation; selected for training, including apprenticeship; promoted;
upgraded; demoted; downgraded; transferred; laid off; and terminated. The
Contractor agrees to and shall post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the contracting officers
setting forth the provisions of this nondiscrimination clause.
g-8. The Contractor shall not discriminate on the basis of disability as defined by the
Americans with Disabilities Act of 1990 and the Omaha Municipal Code(13-82)and
shall take all actions necessary to comply with the Americans with Disability Act of
1990 and the Omaha Municipal Code (Chapter 13) including, but not limited to
reasonable accommodation.
g-9. The Contractor shall in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race,religion, color, sex, or national
origin.
g-10. The Contractor shall send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding
a notice advising the labor union or worker's representative of the Contractor's
commitments under the Equal Employment Opportunity Clause of the City of
Omaha and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
g-11. The Contractor shall furnish to the Contract Compliance Officer all Federal forms
containing the information and reports required by the Federal government for
Federal contracts under Federal rules and regulations, and including the information
required by Sections 10-192 to 10-194, inclusive, of the Omaha Municipal Code
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1980, and shall permit reasonable access to his records. Records accessible to the
Contract Compliance Officer shall be those which are related to paragraphs g-7
through g-13 and only after reasonable notice is given the Contractor. The purpose
for this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
g-12. The Contractor shall take such actions with respect to any subcontractor as the City
may direct as a means of enforcing the provisions of paragraphs g-7 through g-13
herein,including penalties and sanctions for noncompliance,provided,however,that
in the event the Contractor becomes involved in or is threatened with litigation as the
result of such directions by the City, the City will enter into such litigation as is
necessary to protect the interests of the City to effectuate the provisions of the
Ordinance and in the case of contracts receiving Federal assistance, the Contractor
or the City may request the United States to enter into such litigation to protect the
interest of the United States.
g-13. The Contractor shall file and shall cause his subcontractors, if any,to file compliance
reports with the Contractor in the same form and to the same extent as required by
the Federal government for Federal contracts under Federal rules and regulations.
Such compliance reports shall be filed with the Contract Compliance Officer.
Compliance reports filed at such times as directed shall contain information as to the
employment practices, policies, programs and statistics of the Contractor and his
subcontractors.
g-14 The Contractor shall include the provisions of paragraphs g-7 through g-13 of this
Section, Equal Employment Opportunity Clause, and Section 10-193 in every
subcontract or purchase order so that such provisions will be binding upon each
subcontractor or vendor.
g-15. Contractor shall pay all just claims due for the payment of all employees and
mechanics for labor that shall be performed, for the payment of all material and
equipment furnished, and for the payment of material and equipment rental which is
actually used for rented in the performance of the Contract.
g-16. Contractor agrees to commence work on the date specified in the notice from the
Administration Division of the Parks, Recreation and Public Property Department,
and to complete all the work by October 1, 1998.
g-17. The Contractor shall guarantee his work for material and workmanship for a period
of one(1)year(s) after the date of completion of his Contract, and should any defect
be discovered in any of the work included in this Contract within the period of one
(1)year(s)from the completion of this Contract,the repair of such defect and the cost
of such repairs shall be borne by the Contractor under his Contract.
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g-18. Contractor shall maintain fair labor standards in accordance with any valid laws of
the State of Nebraska in the execution of this Contract.
h. Upon receipt of written notice by Owner and its Architect that the Construction is
ready for final inspection and acceptance, the Architect shall promptly make such
inspection and, when he find the construction acceptable under the Contract and the
Contract fully performed, he shall promptly issue a final certificate, over his own
signature, stating that the construction provided for in this Contract has been
completed and is accepted by him under the terms and conditions thereof, and that
the entire balance found to be due the Contractor, and noted in said final certificate,
is due and payable. Before issuance of final certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material bills, and other
indebtedness connected with the work have been paid. If, after the work as been
substantially completed, full completion thereof is materially delayed through no
fault of the Contractor, and the Architect so certifies, the Owner shall, upon
certificate of the Architect and without terminating the Contract,may payment of the
balance due for that portion of the work fully completed and accepted. Such
payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
The Contractor shall procure a policy, or policies, of insurance which shall guarantee
payment of compensation according to the Workmen's Compensation laws of
Nebraska for all workmen injured in the scope of employment, and further agrees to
keep said policy, or policies in full force and effect throughout the term of this
Contract. In addition, all other forms of insurance referred to in the specifications
shall be procured by the Contractor and kept in force and effect by it throughout the
term of this Contract, and certificate or certificates of insurance shall be filed by
Contractor with the City of Omaha.
j. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected
official or any officer or employee of the City shall have a financial interest, direct
or indirect, in any City Contract. Any violation of this section shall render the
Contract voidable by the Mayor or City Council.
k. Any subsequent agreement between the parties hereto or any matter whatsoever shall
be in writing and executed by an authorized officer.
1. The parties hereto acknowledge that, as of the date of the execution of this
agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any
amendment to contracts or purchases which taken alone increases the original bid
price as awarded (a) by ten percent, if the original bid price is one hundred fifty
thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars
($75,000) or more, shall be approved by the City Council in advance of the
acceptance of any purchase in excess of such limits or the authorization of any
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•
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 �M day of ,
197E , and this 3 0 th day of April , 1 A 8, respectively.
CITY OF OMAHA, A Municipal Corporation in Douglas County,Nebraska, Party of the
First Part and also designated as Owner.
ATTEST: CITY OF •MAHA, a Municipal Corporation
ciad /
4;; 4
ITY CLERK DATE MAYOR 1'E
LAWNSMITH& CO., INC.
(Seal of the City) \%,16A-e"--'( j'/S1'53(?/—
AUTHORIZED REPRESENTATIVE
Brian M. Smith, President 4-30-98
DATE
APPROVED AS TO FORM:
_i--a /4)/4/. 6
411,ANT CITY ATTORNEY DATE
P:\PRPP\7528.SKZ
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Bond No. 498729
Performance and Payment Bond
KNOW ALL MEN BY THESE PRESENTS: that LawnSmith & Company, Inc.
as Principal, hereinafter called Contractor and, Old Republic Surety Company
as Surety, hereinafter called Surety, are held and firmly bound unto City of Omaha
as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED FORTY TWO THOUSAND
SIX HUNDRED SEVENTY FIVE
Dollars ($142,675.00 ),
for the payment whereof Contractor 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 04/28/98 , entered into a contract with Owner for
Hitchcock park Rehabilitation, Phase II
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if the Principal shall
promptly and faithfully perform said Contract and made payment to all claimants, as hereinafter
defined, for all labor and material used in the performance of the Contract, then this obligation shall
be null and void; otherwise it shall remain in full force and effect, subject, however, to the
following conditions:
A) Whenever Contractor shall be, and paragraph hereof, subject to the
declared by owner to be in default limitations in Paragraph D.
under the Contract, the Owner having 3 The term "balance of the contract
performed Owner's obligations price,: as used in this paragraph,
thereunder, the Surety may promptly shall mean the total amount
remedy the default, or shall either payable by Owner to Contractor
1 Complete the Contract in under the contract and any
accordance with its terms and amendments thereto, less the
conditions; or amount properly paid by Owner to
2 Obtain a bid or bids for Contractor.
completing the Contract in B)
accordance with its terms and 1 A claimant is defined as one
conditions, and upon having a direct contract with the
determination by Surety of the Principal for labor, material, or
lowest responsible bidder, or, if both, used or reasonably required
the Owner elects, upon for use in the performance of the
determination by the Owner and Contract, labor and material being
the Surety jointly of the lowest construed to include that part of
responsible bidder, arrange for a water, gas, power, light, heat, oil,
contract between such bidder and gasoline, telephone service or
Owner, and make available as rental of equipment directly
Work progresses (even though applicable to the Contract.
there should be a default or a 2 The above named Principal and
succession of defaults under the Surety hereby jointly and severally
contract or contracts of agree with the Owner that every
completion arranged under this claimant as herein defined, who
paragraph) sufficient funds to pay has not been paid in full before
the cost of completion less the the expiration of a period of
balance of the contract price; but ninety (90) days after the date on
not exceeding, including other which the last of such claimant's
costs and damages for which the work or labor was done or
Surety may be liable hereunder, performed, or materials were .V
the amount set forth in the first furnished by such claimant, may
sue on this bond for the use of process may be served in the
such claimant, prosecute the suit state in which the aforesaid
to final judgment for such sum or project is located, save that such
sums as may be justly due service need not be made by a
claimant, and have execution public officer.
thereon. The Owner shall not be 2 After the expiration of one (1)
liable for the payment of any year following the date on which
costs or expenses of any such the Principal ceased Work on said
suit. Contract, it being understood,
C) No suit or action shall be commenced however, that if any limitation
hereunder by any claimant, embodied in this bond is
1 Unless claimant, other than one prohibited by any law controlling
having a direct contract with the the construction hereof such
Principal, shall have given written limitation shall be deemed to be
notice to the following: the amended so as to be equal to the
Principal, the Owner, and the minimum period of limitation
Surety above named, within permitted by such law.
ninety (90) days after such 3 Other than in a state court of
claimant did or performed the last competent jurisdiction in and for
of the work or labor, or furnished the county of other political
the last of the materials for which subdivision of the state in which
said claim is made, starting with the Project, or any part thereof, is
substantial accuracy the amount situated, or in the United States
claimed and the name of the party District court for the district in
to whom the materials were which the Project, or any part
furnished, or for whom the work thereof, is situated, and not
or labor was done or performed. elsewhere.
Such notice shall be served by The amount of this bond shall be reduced
mailing the same by registered by and to the extent to the payment or
mail or certified mail, postage payments made in good faith hereunder,
prepaid in an envelope addressed inclusive of the payment by Surety of
to the Principal, Owner or Surety, mechanics' liens which may be filed of
at any place where an office s record against said improvement, whether
regularly maintained for the or not claim for the amount of such lien
transaction of business, or served by presented under and against this bond.
in any manner in which legal
Signed and sealed this 28 day of APR 1997.
I i
jrona LawnSmith & Company, Inc.
Wi'tti s
7/. G ' .e% Old Republic Surety Company
Witness
)a_01.1CM , );Li-a/uot,
Sarah M. Starks, Attorney in Fact
Davis Insurance Agency
2211 N 91 Ct, Omaha, NE 68134
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111"14*.,
- OLD REPL 3LUC
* * Surety Company POWER OF ATTORNEY
_
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KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY. a Wisconsin stock insurance corporation.
does make, constitute and appoint:
DICK C E DAB:I S, SARAH M_ S, I ARKS, Ok- OFtA_HA, NE
its true and lawful Attorneytsy-in-Fact,faith lull power and authority for and on behalf of the company as surety,to execute and deliver and affix the seat of the
company thereto(if a seat is required),bonds,undertakings.reccgnrzances or other written obligations in the nature thereof.icji+t-i -_T.ot.:i..-.-'; '. rt',t`:::,:Co'tc•v
t:7.r.:.1, rr'w ag.. r., M.`":i ocTr35 ri"•t_3Q"711.;lri..rit; barn,rr3r ink-.s r_f In::titrtilrrt p pcii?mod otro C :.;itt"i 'suds.;i.e., `n;,.-anc .cr:trC„ "e r.'r
bnnr 5 1un E nta.' '"�t'-,t,..*rr ?tJ< _"i rs.aibe>:os a;:+zien::gut Cuntix:;t l'r nds.'".:,3t9 r:g.ea:: i nnEti:C3r?dS.hvt'trL,„A t.,"`:te rt+''N"1m„G,i l:ar'7. I i ilzei. t) ,i,
as follows:
ALL 1IRITTEN INSTRUMENTS IN AN AMOUPI NOT TO EXCEED AN AGGREGATE OF
ONE 11IL_1_ ION DOLLAR., tt.S1. ,{n00,OOOZl _ -- FOR Ai Y L<Ikl- L.t,.
OBLIGATION, REGARDLESS OF THE NUniAER OF INSTRUMENTS ISSUED FOR THE OL L.I OA f I aid,
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, ere
ratified and confirmed. This document is not valid unless printed on colored background and is multi-colored,This appointment is made
under and by authority of the board of directors at a special meeting held on February 18,1982.This Power of Attorney issigned and seated
by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY
COMPANY on February 18, 1982.
RESOLVED that the president. any vice president, or assistant vice president in conjunction with the secretary or any assistant
secretary. may appoint attorneys-in-tact or agents with authority as defined or limited In the instrument evidencing the appointment
in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings.
recognrzances, and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent arid revoke
any Power of Attorney previously granted to such person.
RESOLVED FURTHER that any bond. undertaking.recognizance,or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seat be required)by arty secretary or assistant
secretary. or
(ii) when signed by the president,any vice president or assistant vice president. secretary or assistant secretary.and countersigned and sealed(if a seat
be required)by a duly authorized attorney-in-fact or agent;or
(hi) when duly executed and sealed it a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seat of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of arty bond,undertaking,recognizance,or other suretyship obligations of the company and such
signature and seat when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF,OLD B ..PUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its
. HD rRIL 1�99��
corporate seat to be affixed this _ day of_ _ _ _ ___ _ _ .
OLD REPUBLIC SURETY COMPANY
r Y
'i e,.et� -'3t"----0 y
i EA*
STATE OF WISCONSIN,COUNTY OF WAUKESHA- SS ""
'RD -,PR-,PRi.t. -I.'r e JAiuIES F. LEE
On this day of . personally came before me,
and DAVI)G 4i1LNZ.1: to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the
above instrument, and they each acknowledged the execution of the same, and being by me duty sworn, did severally dispose and say;
that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation,
and that said corporate seal and their signatures as such officers were duly affixed and subscribed tattle said instrument by the authority
of the board of directors-of said corporation.
r r .,/le/GAZ.41-- -/+" tor um Fit
r I witary i i&v
Nt ousog f 0'/1`'1 f O 1
,A,,.9 My commission expires; _ __ -- —
-
CERTIFICATE
I, the undersigned. assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation. CERTIFY that the
foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board
of directors set forth in the Power of Attorney, are now in force.
fie? Signed and sealed at theCityof Brookfield.Wl this 2t3___ day of , Auri 1 1 3 B _ .
` SEAL t-
DAV IS I NSUR4Iti rt AGENC? -,16•442gde-14°'. •
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"' , `, 12/29/1997
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PRODUCER (402)571-3600 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Nabi ty—Perry Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
3205 No. 90th St. , Ste 109 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
0. Box 4039 ' COMPANIES AFFORDING COVERAGE
‘Umaha, NE 68104 COMPANY GENERAL CASUALTY INS. CO.
Attn: Ext: A
INSURED
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B
3731 State Street •`` :
Omaha, NE 68112 .1414 I.,Iry COMPANY
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER NPOLICY EFFECTIVE iPOUCV EXPIRATION LIMITS
LTR ' GATE(MM/DDY) • DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE ' S 1,000,000
X COMMERCIAL GENERAL LIABILITY ` PRODUCTS•COMP/OP AGG S 1,000,000
`�' '' o PERSONAL&ADV INJURY ,S 500,000
CLAIMS MADE ; X ••OCCUR'
A .<.«•,. - CCI0177523 01/01/1998 01/01/1999 - - •
OWNER'S A CONTRACTOR'S PROT EACH OCCURRENCE ;$ 500,000
•
• FIRE DAMAGE(Any one fire) ?S 50,000
• MED EXP(Any one person) f 5,000
AUTOMOBILE LIABILITY :
X ANY AUTO i COMBINED SINGLE LIMIT S
500,000
X ALL OWNED AUTOS BODILY INJURY
X SCHEDULED AUTOS (Per person) S
A X HIRED AUTOS CBA0177523 01/01/1998 ' 01/01/1999
BODILY INJURY S
-• X NON-OWNED AUTOS •
(Per accident)
... ... ...... PROPERTY DAMAGE S
GARAGE LIABILITY AUTO ONLY•EA ACCIDENT 'S
ANY AUTO OTHER THAN AUTO ONLY.
• EACH ACCIDENT S
.. .. .... .. AGGREGATE S
EXCESS LIABILITY . EACH OCCURRENCE $ 1.000,000
iCCI0177523 01/01/1998 01/01/1999 AGGREGATE s
X A ;UMBRELLA FORM I . ....... ............_. ..
i OTHER THAN UMBRELLA FORM $
, WcSTAW. : ;011I..
WORKERS COMPENSATION AND (TORY LIMITS•, ' ER
EMPLOYERS'LIABILITY • EL EACH ACCIDENT S 100,000
A THE PROPRIETOR! CWC0177523 01/01/1998 01/01/1999 •ELDISE_ASE•POLIC'YLIMIT S 500,000
PARTNERS/EXECUTIVE .....'INCL
OFFICERS ARE •EXCLEL DISEASE•EA EMPLOYEE 5 100,000
OTHER
DESCRIPTION OF OPERATIONS,LOCATIONSNF_HICLESISPECIAL ITEMS
ADDITIONAL INSURED: CITY OF OMAHA a ,,i ( r
ASB(BTANT CITY ATTORNEY
CERTt 1CATEHOLDER: . ..K > . • .;,.:':CANCELLATION
SHOULD ANY OF THE ABOVE."ESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DAT E THEREOF.THE.ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRIT TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
CITY OF OMAHA
\_ �• PARKS & RECREATION DEFT
1819 FARNAM STREET
OMAHA, NE 68183
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
•
OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESCNTATNES.
AUTHORIZEUREPIIESCNTAIIVE
David Perry AitD 184(1196) i C• 3� 1 Ip r ON 1985
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11-1-813 (94) CITY OF OMAHA
, REQUEST FOR BID AND BID SHEET
ON HITCHCOCK PARK REHAB-PHASE II
- FROM: Pat Burke Published MARCH 23, 1998
City Purchasing Agent
1003 Omaha-Douglas Civic Center NOT AN ORDER Page 1 of 3 Pages
1819 Farnam Street
Omaha,Nebraska 68183-0011
BID BOND OR CERTIFIED CHECK REQUIRED IN THE
TO: AMOUNT OF 5% IF'HIE TOTAL AMOUNT
FOR TIME ITEMS OFFERED IS $20,000 OR MORE
Bid Closing Date
11:00 A.M. APRIL 8, 1998
IMPORTANT 4. If Federal Excise Tax applies, show amount of same and deduct Exemption
1. Bid must be in the office of the CITY CLERK, LC-I, OMAIIA-DODULAS cettilicatcs will be furnished.Do nut include tax in hid.
CIVIC CENTER, 1819 Farnam Street,Omaha,NE 68183-0011 by closing date 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES.
and time indicated,in sealed envelope marked BID ON: 6. When submitting bid on items listed, bidder may on a separate sheet, make
HITCHCOCK PARK REHAB-PHASE II suggestions covering reduction in costs wherever this is possible through
2.As evidence of good faith a bid bond or certified check must be submitted with redesign,change of material or utilization of standard items or quantity change.
bid.FAILURE TO DO SO IS CAUSE FOR REJECTION 7.If you do not desire to bid,return sheets with reasons for declining.Failure to do
3.Richt is reserved to accept or reject any or all bids in their entirety. Right is also so will indicate your desire tq,Me removed from our mailing list. If you desire a
reserved to accept or reject any part of your bid unless otherwise indicated by you. copy of tabulation check[V].Please do not call for this information.
Quote your lowest price, best delivery and terms,F.O.B. delivery point on the terms(s) listed below:
This is to certify that the undersigned has read and examined (a)the advertisements, (b)the requirements for bidding and instructions to
bidders and (c) the specifications prepared by the Park Planning Division of the Parks, Recreation and Public Property Department for the
HITCHCOCK PARK REHAB- PHASE II, and that the bidder has made all the examinations and investigations required by said documents.
BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO / ,THROUGH .
•It is understood(a)that as to the contract which may be awarded upon this proposal, the Contract period will be the term beginning with the
notice to proceed and ending with the acceptance of the work,the number of consecutive calendar days hereinafter agreed on: and (h) that it is the
intention of the Park Planning Division that a contract shall be awarded to the bidder regarded by the City of Omaha as having submitted the
lowest and best hid, having regard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park
Planning Division best to meet the requirements of the Park Planning Division; material purchased for this project will be State of Nebraska and
City sales tax exempt.
On the forgoing,understand that the bidder hereby offers and proposes to: Furnish all labor,
materials and equipment necessary to complete the site improvements as per the Contract Drawings and
Specifications for HITCHCOCK PARK REHAB-PHASE 1I, in the city of Omaha Nebraska
in accordance with the provisions of this proposal and documents. Total price for all work included in the
SUM OF
�U2n --Rua COI(ar,c �a rin)/On ' $ 14 _, Co'?5-
NOTE: REFER TO BID SHEET PAGE 3 OF 3 FOR ADDITIONAL PRICE INFORMATION.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human
Relations Department the Annual Contract Compliance Report (Form CC-1). This report shall be in effect for 12 months from the date received by the
I-Iuntan Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to Contract Compliance Officers Rita
Vlademar at (402) 444-5067 or Tony Acosta at (402) 444-5053; however, please refer any questions regarding the REQUEST FOR BID or
SPECIFICATIONS directly to the Purchasing Department(402)444-5400 or as shown on bid
(Please ,Print Legibly or Type)e)
Payment Terms °'o Firm YV ILIMS111 I� 8,w , Zt1C. Incorporated in N e
. II (Scat•)
Delivery(or completion) Name e{I1Y m - SrYi i , Signature`!, 2�4�
calendar days following award /� (t4
Title PTO IdO YI+ Phone �4r�3 -(p�(� Fax - J3-0.27�5A
Address 3(7, 1 S t-( O- S`t ,
Street/P.O. Box t City Slate
PH-8B (94) CITY OF OMAHA
REQUEST FOR BIDS
•
ON HITCHCOCK PARK REHAB-PHASE 1I
NOT AN ORDER
page2_of_=Pages
The bidder hereby states that the above aof allt to the City of necessary too101ndlequipment, supeevisiot'taxes,
insurance royalties;transportation cl ges,use
inspection and tests of materials,bond and overhead
expense,
sense,all
ly eqan i mentifu yished in accordance with
the requirements of the contract documents
The bidder agrees that construction will be completed by:_OCTOBER 1 1998 =_
bidding
It is understood that the contract documents shalo►�sist of sheet tt]itlede vHITCHCOCK PARK,the RE1HA6 for
PHASE
and instruction to bidders,this proposal,and drawing
1l and dated H 20 1998, the specifications and the duly executed agreement or contract proper;
that,said documents are complementary and that which is required,shown or specified by any one of
these,shall be as binding as if required by
all.
The bidder hereby represents that the price contained
in this
pne roposalwith isre neitherpect to dairectly
norprovi indirectly
s
the result of any agreement or any secret understanding Y
contained in this proposal.
In accordance with the requirements for bidding n tinstructions
to bidders, there
e eresu is deposited herewith a
bid bond or a certified check payable to the order
o is g►d. s 5�°
which is at least five percent of the aggregate amount of the proposal. proposal, or a part thereof and
It is agreed that, in the event the bidder is awarded a contract based on this prop
fails or refuses to execute a written contract or fails to shall besh a retap retained by the City of Omaha as liquidatederforinance bond within ten days after
award of said contract,the sum deposited herewith
of any such failure or refusal on the part of the bidder. The
damages and not as a penalty,as it is expressly agreed that said sum is a fair measure of the damages which
•:,i"l bc sustained b;,the City of Omaha fir. -as..
said sum,however,will be returned to the bidder, if the id requirements hfor bidding and enstrucrionsorm all to bidde ers,
the conditions set fourth in the advertisement and
and furnish an acceptable surety bond. The surety
Ciroularany 570 of theUnrted States shall
Depttiof the Treash ry.
of Nebraska,and listed on the current edition
a proposal is free from alterations,additions and deductions and
unless thh
NOT1 Unless the ing p P complete and correct, in accordance with the instructions
e name of the bidder a as s s sigigned thereto is
to bidders, it may be rejected as informal. �n i iYle�rn I1 ' cllYI(J_
' Firm 1
SIGN ALL COPIES
B
�i/�
Title
CONTINUATION SHEET
PH-8B (94) CITY OF OMAHA
REQUEST FOR BIDS
ON HITCHCOCK PARK REHAB-PHASE II
NOT AN ORDER
Page_3_of 3_Pages
UNIT PRICES:
The undersigned further proposes and agrees that if the amount of work is increased or
decreased, by a request of the owner, the following supplemental Unit Prices will be the basic
price in place for computing extra cost or credit. Each Unit Price shall include ail equipment,
tools, labor, permits, fees, etc. incidental to the completion of the work involved based on the
construction detail (s) on the Contract Drawings and all materials listed in the noted
specification.
UNIT PRICES:
S.F. - SQUARE FOOT L.F. - LINEAR FOOT
EA. - EACH(UNIT) S.Y. - SQUARE YARD
CMU SEATWALL W/ COPING &FOOTING $ "3 D 0 /L.F.
PICNIC TABLE W/CONCRETE SLAB $ 2o0,0 Z' /EA.
BARBEQUE GRILL W/FOOTING & SLAB $ ��o,o o /EA.
BENCH W/CONCRETE PAD $ -//O, o a !EA.
4" PCC SIDEWALK $ A YS /S.F.
•
4" ADS DRAIL PIPE INSTALL I) $ /d,o D /L.F.
POURED-IN-PLACE SAFE :SURFACE (ENTIRE) $ 7,0 / S.F.
CONCRETE CURB-?LAYGROUND BORDER $ /670 O /L.F.
CONCRETE STAIRCASE(EXCLUDING HANDRAIL) $ /EA.
METAL HANDRAIL $ U /L.F.
.g y iv ,334.0
SIGN ALL COPIES Firm litiO tliPbYYI l`LI 1 . LC1 cl-QC
B
Q
Title PY'O S i cf cn±
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr May 19 19 98
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,bids were received on April 8, 1998,for furnishing materials,:labor and
all else necessary to complete the rehab work in connection with Hitchcock Park,PliaseII project;
and,
WHEREAS, LawnSmith& Co., Inc. submitted the lowest and best bid, within bid
specifications, for the work in connection with the rehab site improvements in the total amount of
$142,675.00; and,
WHEREAS, LawnSmith & Co., Inc. has complied with the City's Contract
Compliance Ordinance No.28885 in relation to Civil Rights-Human Relations;and,
WHEREAS,the Mayor has recommended acceptance of this bid and the approval of
this contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the bid in the total amount of$142,675.00
from LawnSmith & Co., Inc. for furnishing materials, labor and all else necessary to complete all
rehab work in connection with the Hitchcock Park,Phase H project,being the lowest and best bid
received,within the bid specifications,attached hereto and made a part hereof,is hereby accepted and
the contract is approved. The Finance Department is authorized to pay the cost of the park project
from the 1992 Recreation and Culture Bond Fund 327,Agency 120, Organization No. 1295, and
Activity 3116,Hitchcock Park Rehab.
APPROVED AS TO FORM:
AS I ANT CITY ATTORNEY DATE
P:'PRPP\7512.SKZ
ouncilmember
Adopted MAY 1 9 1998
City Cl k
Approved... . e rM yor
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