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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 $158,000.00 The Parks,Recreation and Public Property Department recommends the low bid submitted for the Hitchcock Park Rehab, Phase II project from LawnSmith& Co., Inc. The Finance Department is authorized to pay the cost of the rehab project from the 1992 Recreation and Culture Bond Fund No. 327, Agency 120, Organization 1295, and Activity 3116, Hitchcock Park Rehab. The contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance. r 4 • • Honorable President and Members of the City Council Page 2 The Parks, Recreation and Public Property Department recommends the acceptance of the bid and approval of the contract from LawnSmith& Co. Inc., being the lowest and best bid received, within the bid specifications, attached hereto and made a part hereof and requests your consideration and approval of this Resolution. , lly submitted, OF Approved: -, es P. Cleary, Director lAir . 54#1� 'arks, Recreation and Pu i Property George . Davis, Jr. Date Huma elations Director 4T oved as to Funding: Referred to City Council for Consideration: Ofi --A--41_t_AisC-,;:___ —I- f Louis A. D'Ercole AA) �ate Mayor's Office/Titl Date Finance Director P:\PRPP\7511.SKZ ,S • CONTRACT THIS CONTRACT,made and entered into this c2$""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 ! • • 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. - 2 - g-6. Contractor shall pay to the Unemployment Compensation Fund of the State of Nebraska unemployment contributions and interest due under the laws of the State of Nebraska on wages paid to individuals employed in the performance of this Contract, and shall submit to the City of Omaha a written clearance from the Commissioner of Labor of the State of Nebraska certifying that all payments due of contributions or interest which may have arisen under this Contract have been paid by the Contractor, or his subcontractor, to the State of Nebraska Unemployment Compensation Fund. Payment of the final 3% of the total amount of this Contract shall be withheld until this provision has been complied with. g-7. The Contractor shall not discriminate against any employee applicant for employment because of race,religion, color, sex or national origin. The Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to their race, religion, color, sex, or national origin. As used herein, the word "treated" shall mean and include,without limitation,the following: recruited(whether advertising or by other means) compensation; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. g-8. The Contractor shall not discriminate on the basis of disability as defined by the Americans with Disabilities Act of 1990 and the Omaha Municipal Code(13-82)and shall take all actions necessary to comply with the Americans with Disability Act of 1990 and the Omaha Municipal Code (Chapter 13) including, but not limited to reasonable accommodation. g-9. The Contractor shall in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race,religion, color, sex, or national origin. g-10. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor's commitments under the Equal Employment Opportunity Clause of the City of Omaha and shall post copies of the notice in conspicuous places available to employees and applicants for employment. g-11. The Contractor shall furnish to the Contract Compliance Officer all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations, and including the information required by Sections 10-192 to 10-194, inclusive, of the Omaha Municipal Code - 3 414 • - 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. - 4 - g-18. Contractor shall maintain fair labor standards in accordance with any valid laws of the State of Nebraska in the execution of this Contract. h. Upon receipt of written notice by Owner and its Architect that the Construction is ready for final inspection and acceptance, the Architect shall promptly make such inspection and, when he find the construction acceptable under the Contract and the Contract fully performed, he shall promptly issue a final certificate, over his own signature, stating that the construction provided for in this Contract has been completed and is accepted by him under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before issuance of final certificate the Contractor shall submit evidence satisfactory to the Architect that all payrolls, material bills, and other indebtedness connected with the work have been paid. If, after the work as been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Architect so certifies, the Owner shall, upon certificate of the Architect and without terminating the Contract,may payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The Contractor shall procure a policy, or policies, of insurance which shall guarantee payment of compensation according to the Workmen's Compensation laws of Nebraska for all workmen injured in the scope of employment, and further agrees to keep said policy, or policies in full force and effect throughout the term of this Contract. In addition, all other forms of insurance referred to in the specifications shall be procured by the Contractor and kept in force and effect by it throughout the term of this Contract, and certificate or certificates of insurance shall be filed by Contractor with the City of Omaha. j. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Contract. Any violation of this section shall render the Contract voidable by the Mayor or City Council. k. Any subsequent agreement between the parties hereto or any matter whatsoever shall be in writing and executed by an authorized officer. 1. The parties hereto acknowledge that, as of the date of the execution of this agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a) by ten percent, if the original bid price is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any - 5 - • additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City charter to approve immediate purchases. IN WITNESS WHEREOF, we the contracting parties, by our respective 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 - 6 - 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 l�� I 111"14*., - OLD REPL 3LUC * * Surety Company POWER OF ATTORNEY _ r_' I , *'** 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°'. • A''"`.r'r r`.,„, r 1 t`: �J'x 1,h i= ' I.P i 't' t :I J'I. '7-III,. J i` "joj::oj L"I�. t.i 4 ine .lam) `.0I g ,,,t1 "i r. o]�I — - L-- 'ORSc2226tir•il) _ --� i/'7 V V I�D �„I i1Mr�i�4: 11 ,�.I� ,�t YM R M+I L-74%l p,F Li im"i ..IN tyda1 ''t �.$• ` `[ri, DATE(MMID 947 "' , `, 12/29/1997 >r�..�e+,«a:sr�++yees'><,exo k� .�tdv.�,»irailiirsz rYx�•}.� .c.aaygw, s;+,a.�a�6Y.�''--�; 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 Lawnsmith & Co. , Inr ,117 COMPANY B 3731 State Street •`` : Omaha, NE 68112 .1414 I.,Iry COMPANY ',.. COMPANY • D COVERA ES :} v.. .::.: v.. :+ii:•..::4:,...::... :;:•}'•.•..:::•:vv v.:}. .•n.:�:::N•;:::....:} }::S::n�. !w A } ,,Wn....,. ..4.5.,::+........ :.. v...........n..r......Y4i...n.....,.....v... �.-..::.......�..•n•. :n:::v....�::..C?v.:....•S?' :........;:i:r.C. �....:........w ,: .. 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 c c fa n D o C co m 0) o Ca= C . c .< n > °' 0 _ = x 0 c n v o -Q oa 13 Z a CD -Ea. o D O c' *.G H. 0. 10 = v o ? b mT 0 UM O Nc 12 _ 0 v ° ' _ 0 2 = c K o 0 m v — W W <. W �' o C�—D o -I � N• Sy a Xo 0 3�) = 0• o a, Z g = Ili m o ai D X CA 10 v arn co cti u, D IV ca A. yt4 H '// - C �\9,-c---_,....� Z \J C C.k., 7J C. --‘::::7 . . t. m �� m 171c - z m 13c 7jz n - m 13 C - z m � I 6) 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 �' o , 0 cu o a 5• CD I. N �* rD n w O � � pt ,..' n Q. Fo CI) 0Cr 0 C7 C7 O .� i''s O O P. Cr 77. I 1-41 a0N � cu � � x5 chi w p Q.'� °-n o' c> 0 o� �C y CD "C3 n?r' O