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RES 1997-0495 - Contract with LawnSmith & Co Inc for Greentree Park site improvements 4/ .6/) 'e r,�A , - t Parks, Recreation & Os°M N;B.r, - ' L i `' L ij Public Property Department �ti -p Omaha/Douglas Civic Center �VA� �tt, ,. 9 1 ! 1819 Farnam Street,Suite 701 ii "' H T4 8' 0r Omaha,Nebraska 68183 0701 GAoR ,.�'`~- C FAX(402)444-4921 1TED FEw3t. ,� �' f-~ i�i N It1.A Fi,A, N f=t,,-, Jerry D.Parks Cityof Omaha `` ii'���"fi,. Director February 11, 1997 Hal Daub,Mayor Honorable President and Members of the City Council, Transmitted herewith is a Resolution authorizing the acceptance of the bid from LawnSmith& Co., Inc. in the amount of$72,260.00 for furnishing materials, labor and all else necessary to construct and finish all work in connection with the Greentree Park site improvements at Greentree Park, 127th and 129th Streets. The following bids were received on January 15, 1997: CONTRACTOR BID LAWNSMITH & CO., INC. $72,260.00 (LOW BID) Dostal Voss $85,296.00 Pospichal Construction $88,000.00 Ponfinio $99,000.00 LawnSmith& Co., Inc. 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. Funds of$72,260.00 have been appropriated in Park Division Fund 001,Agency 120, Organization 1220,Object 8310. The Finance Department is authorized to pay the cost of the park project from this account. 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 attached contract from LawnSmith&Co.,Inc. in the total bid amount of$72,260.00 for furnishing labor, materials and equipment to complete site improvements at Greentree Park, 127th and 129th Streets,within the bid specifications; and requests your consideration and approval of this Resolution. Respectfully submitte Approved as to Funding: 07 . Parks, Director Date Louis A. D'Ercole Date 'arks, Recreation and Acting Finance Director Public Property Department Approved: Referred t ity Council for Consideration: ' � 3I ( 97 George L. vis, Jr. Date / Mayor's Office/Title Date Acting Human Relations Director 7 P:\PRPP\4511.SAP %.fA L W — U Z — — W — 0 W CS O a i �0 W — U O O 1 1 0 w v Z tY (\i 1 siiiiiiilliiiiliiiiisgiciiiiiiiimmemiummo; 1- w I h F- Z ¢ N wvi 0 0 Ili cu a) L. ?, . ca) c (n 0 , 0 , d �� 0. t Cl) 0 0 , E .c < . < , G O Z = n �+ m rn , > N : , O a/ N O a F"' IflDF1 «.• a as > Zop O W () N C Y �[ 0- • : .c > •N m Y y o o a a J -J 0 C) _ S Q ¢ � , a N f� 2 2 , , 0 O L Z N a) t N a) Z Z N • 22. O W = a) c ,- s- 0 0 0 O u 0. rn t1 c cc 0 0 < Z Q Z nk J - c Z n w � c a Ili m C A' ' - . mW ` t a7 co m c? e a Y = 1-- 0 a -° o a C5 PI-1-B_B (94) CITY OF OMAHA f REQUEST FOR BID AND BID SHEET i ON GREENTREE PARK SITE IMPROVEMENTS FROM: PAT BURKE Published: DECEMBER 30, 1996 City Purchasing Agent 1003 Omaha-Douglas Civic Center NOT AN ORDER Page 1 of 4 Pages 1 1819 Farnam Street Omaha,Nebraska 68183-0011 BID BOND OR CERTIFIED CHECK REQUIRED IN THE TO: AMOUNT OF 5% IF THE TOTAL AMOUNT FOR THE ITEMS OFFERED IS $20,000 OR MORE Bid Closing Date: January 15, 1997 11:00 A.M. IMPORTANT 4. If Federal Excise Tax applies, show amount of same and deduct Exemption certificates will be furnished.Do not include tax in bid. I. Bid must be in the office of the CITY CLERK, LC 1, OMAHA-DOUGLAS 5 BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. CIVIC CENTER, 1819 Farnam Street,Omaha,NE 68183-001 011 I by by closing date 6 When submitting bid on items listed, bidder may on a separate sheet, make and time Eindicated,IMPin sealed envelope marked BID ON: GREENTREE suggestions covering reduction in costs wherever this is possible through PARK SITE IMPROVEMENTS. redesign,change of material or utilization of standard items or quantity change. 7.If you do not desire to bid,return Bets with reasons for declining.Failure to do 2.As bid.evidenceILUE good faith a bid CAUSES FORr REJECTION check must be submitted with so will indicate your desire to a removed from our mailing list. If you desire a FAILURE TO DO SO IS copy of tabulation check[ .Please do not call for this information. 3.Right is reserved to accept or reject any or all bids in their entirety.Right is also reserved to accept or reject any part of your bid unless otherwise indicated by you. 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 and drawings prepared by the The Parks, Recreation & Public Property Dept for the Greentree Park Site Improvements and that the bidder has made all the examinations and investigations required by said documents. BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO / .THROUGH 0 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 I notice to proceed and ending with the acceptance of the work,the number of consecutive calendar days hereinafter agreed on;and (b)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 bid, 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,all materials and all else whatsoever necessary to construct and properly finish all the work in connection with the GREENTREE PARK SITE IMPROVEMENTS at Greentree Park, 127th&129th Streets, Omaha,Nebraska in accordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property Department for the lump sum of: (7 BASE BID: So UO}r}1)-I•LLv`Mfft.car/t_ Tar +lu.rri_aa., S'i x✓ 'Cc? Ic�rs (`7' ►o i 1/4J Note: Refer to pages,3-of 4 and 4 o or unit prices and Testing Allowance. 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 Human Relations Department. Any questions regarding the Contract Compliance Ordinance should be etedgard to ding tract Compliance Ofic rsD Rita or Vlademar at (402) 444-5067 or Tony Acosta at (402) 444-5053; however, please refer anyquestions SPECIFICATIONS directly to the Purchasing Department(402)444-5400 or as shown on bid (Please Print Legibly or Type) N 1 n Firm Inn 9I►�^I�Ytal`�i1 C Q'� —IOC, Incorporated in 1) Payment s % r � State Y n Name d')'(I�YI n Son i`i l Signatur�6"LA-k,- L� /�-! Delivery(or cot I�letion) J J ` calendar d . s following award �,I `t ) _��C Fax 2-f:�j,� - 2 rg Title r 1rOS fn1'1� Phone 317:31 • ,S- tv, S- (0 Y v'tt h0 . vN F. <n22i 1 ' Address . Street/ P.O. Box City State ZtP . I • PH-8B (94) CITY OF OMAHA REQUEST FOR BIDS ON • GREENTREE PARK SITE IMPROVEMENTS NOT AN ORDER Page_2_of_4_Pages - The bidder hereby states that the above total cost to the City of Omaha includes all material, taxes, insurance royalties; transportation charges,use of all necessary tools and equipment, supervision, inspection and tests of materials, bond and overhead expense,all equipment furnished in accordance with the requirements of the contract documents considered severally and collectively. "The bidder agrees that construction will be completed by: JUKE 15, 1997. It is understood that the contract documents shall consist of the advertisement,the requirements for bidding and instruction to bidders, this proposal, and drawing sheets titled L-1 through L-6 and dated December 30, 1996, 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 proposal is neither directly nor indirectly the result of any agreement or any secret understanding with anyone with respect to any provisions contained in this proposal. In accordance with the requirements for bidding and instructions to bidders, there is deposited herewith a 'y bid bond or a certified check payable to the order of the City of Omaha, in the sum of: y00`(12n11,crn/i.57.110r1-1-101,'i.rod g9 i-k Th 1 ' 7b2a� ($3) '7JG11 Q� ), which is at least five percent of the aggregate ant'unt of the prop sal. It is agreed that, in the event the bidder is awarded a contract based on this proposal , or a part thereof and fails or refuses to execute a written contract or fails to furnish a performance bond within ten days after the award of said contract,the sum deposited herewith shall be retained by the City of Omaha as liquidated damages and not as a penalty, as it is expressly agreed that said sum is a fair measure of the damages which will be sustained by the City of Omaha in case of any such failure or refusal on the part of the bidder. The said sum,however,will be returned to the bidder, if and when he shall faithfully keep and perform all of the conditions set fourth in the advertisement and the requirements for bidding and instructions to bidders, • and furnish an acceptable surety bond. The surety company issuing said bond shall be licensed by the State of Nebraska, and listed on the current edition of Circular 570 of the United States Dept. of the Treasury. NOTICE: Unless the foregoing proposal is free from alterations, additions and deductions and unless the name of the bidder as signed thereto is complete and correct, in accordance with the instructions to bidders, it may be rejected as informal. SIGN ALL COPIES Firm.Les6L-Zila B f Title//1.BQ PH-8B (94) CITY OF OMAHA REQUEST FOR BIDS ON GREENTREE PARK SITE IMPROVEMENTS NOT AN ORDER Page 3_of 4Pages '( UNIT PRICES: C.Y. = Cubic Yard S.F. = Square Foot S.Y. = Square Yard V.F. = Vertical Foot L.F. = Linear Foot EA. = Each The undersigned further proposes and agrees that if the amount of the work required be 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 all equipment, tools, labor, permits,_fee, 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 Section. Unit prices will be decreased ten percent (10%) if change requested is a reduction of work. DESCRIPTION 1. Concrete Pavement- 4" (Section 02527) $ 3 0 /S.F. 2. Basketball Court Pavement- 6"(Section 02527) $ 4 0 /S.F. 3. Playground Concrete Curbing(Section02542) $ 1/, B 0 /L.F. 4. Concrete Planter Curbing(Section02542) $ /A, 'V /L.F. 5. Playground Monolithic Concrete Curbing(Section02542) $ 14,5' /L.F. 6. 4" PPT(Section 02720) $ ` /L.F. 7. 6" PVC pipe (Section 02720) $ /L.F. 8. Poured-in-Place Resilient Surfacing(Section 02515) $ /3,0 0 /S.F. 9. Sand Play Area(Section02525) $ 1 00 /S.F. SIGN ALL COPIES By >_E ,c4Z Title �it�d • • PH-8B (94) CITY OF OMAHA REQUEST FOR BIDS ON GREENTREE PARK SITE IMPROVEMENTS NOT AN ORDER Page_4_of 4_Pages TESTING ALLOWANCE: Contractor shall include as part of his base bid an allowance of$2,000.00 for testing services during the course of the project. • SIGN ALL COPIES FirmJala4t1Pde°14-'22-. By Title / 1L , F.r tr CONTRACT THIS CONTRACT,made and entered into this / day of Feet A.D., 19 7 by and between the City of Omaha, a Municipal Corporation in Douglas County,Nebraska, party of the first part and hereinafter called "OWNER", and LawnSmith& Co., Inc., with principal place of business at: 3731 State Street, Omaha,NE 68112, hereinafter called "CONTRACTOR": WHEREAS, said Contractor did, under date of January 15, 1997, submit a proposal to construct as outlined in the proposal to furnish all labor,materials,and all else necessary to construct and properly finish all work in connection with the Green Tree Park Site Improvements at Green Tree Park, 127th and 129th Streets for the City of Omaha,for the sum of$72,260.00-(Seventy Two Thousand Two Hundred Sixty 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. y9S , adopted m ///�'f7 , 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 Green Tree Park 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 Green Tree 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 site improvements,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$72,260.00. e. Owner agrees to pay Contractor said amount of$72,260.00 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,Dennis Bryers, and any such substitution or change shall in no manner be construed to release either party from any specified or implied obligation of the aforesaid plans, specifications and addenda except as specifically provided for in the Change Order. g. This Contract is entered into subject to the following conditions: g-1. Contractor does hereby state, warrant and covenant that it has not retained or employed any company, or person, other than bona fide employees working for said Contractor,to solicit or secure this Contract,and that it has not paid or agreed To pay any company or person, other than bona fide employees working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the aware or making of this Contract. For breach of violation of this statement, warrant, and covenant, the City of Omaha shall have the right'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 - {� 1980, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to paragraphs g-7 through g-13 and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. g-12. The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of paragraphs g-7 through g-13 herein,including penalties and sanctions for noncompliance,provided,however,that in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as is necessary to protect the interests of the City to effectuate the provisions of the Ordinance and in the case of contracts receiving Federal assistance, the Contractor or the City may request the United States to enter into such litigation to protect the interest of the United States. g-13. The Contractor shall file and shall cause his subcontractors,if any,to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with the Contract Compliance Officer. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and his subcontractors. g-14 The Contractor shall include the provisions of paragraphs g-7 through g-13 of this Section, Equal Employment Opportunity Clause, and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. g-15. Contractor shall pay all just claims due for the payment of all employees and mechanics for labor that shall be performed, for the payment of all material and equipment furnished, and for the payment of material and equipment rental which is actually used for rented in the performance of the Contract. g-16. Contractor agrees to commence work on the date specified in the notice from the Administration Division of the Parks, Recreation and Public Property Department, and to complete all the work by June 15, 1997. 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 - :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 'zed agents,hereto affix our signatures and seals at Omaha,Nebraska,this /j day of , 199f, and this 23t:d day of January , 19 9 7 respectively. CITY OF OMAHA, A Municipal Corporation in Douglas County, Nebraska, Party of the First Part and also designated as Owner. ATTEST: CITY OF O AHA, a icipal Corporation /97 CITY CL MAYOR DATE LAWNSMITH& CO., INC. (Seal of the City) AUTHORIZED REPRESENTATIVE 1-23-97 Brian M. Smith DATE President APPROVED AS TO FORM: (1)72 ,-,722- c 9 ASSISTANT CITY ATTORNEY DATE P:\PRPP\3443.MAF - 6 - • THE AMERICAN INSTITUTE OF ARCHITECTS � r 481972 A/A Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): LawnSmith & Company, Inc. Old Republic Insurance Company 3731 State St. 2 Corporate Place Omaha, NE 68112 1501 42nd Street W DesMoines, IA 50266 OWNER (Name and Address): City of Omaha 1819 Farnam Omaha, NE 68183 CONSTRUCTION CONTRACT Date: 1/21/97 Amount: $72,260.00 Description (Name and Location): Green Tree Park Site Improvements BOND Date (Not earlier than Construction Contract Date): 1/21/97 Amount: $72,260.00 Modifications to this Bond: ® None ❑ See Page 3 4;� CONTRACTOR AS PRINCIPAL SURETY °a Company: (Corporate Seal) Company: (Corpora' s SEAL )a_ LawnSmith & Company, Inc. Old Republic Insurance Company • //�/j//�/�/ E'V'geV'V.�V Signatuts;e_ d� Signature: Name and Title: Brian Smith, President Name and Title: Sarah M. Starks Attorney in Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND •DECEMBER 1984 ED. •AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C.20006 A3,12 1 • p1 t I 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as 5 If the Surety does not proceed as provided in Paragraph provided in Subparagraph 3.1. 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety'has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Default and Owner to the Surety shall not be greater than those of the formallyterminated the declared Contractor toD complete Owner under the Construction Contract.To the limit of the C rightamount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of Glared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the Lion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the Lion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para- sulting from the actions or failure to act of the Surety under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages 4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual dam- 4.1 ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the Con- tion Contract itself,through its agents or through inde- struction Contract,.and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the lions. Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may he instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the• the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail- MA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 19I14 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE.,N.W.;WASHINGTON, D.C.20006 `A31 1984 4 1 1 • • • • able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims re- 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled,duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price:The total amount able bythe Owner to the Contractor under the tractor as required by the Construction Contract or to payable perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have heen made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: • (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND •DECEMBER 17tW ED. •AIA Der 1 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON, D.C. 2000h \:. ^31:2-19 • • • THE AMERICAN INSTITUTE OF ARCHITECTS • • 481972 AM Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): LawnSmith & Company, Inc. Old Republic Insurance Company 3731 State St. 2 Corporate Place Omaha, NE 68112 1501 42nd Street W DesMoines, IA 50266 OWNER (Name and Address): City of Omaha 1819 Farnam Omaha, NE 68183 CONSTRUCTION CONTRACT Date: 1/21/97 Amount: $72,260.00- Description (Name and Location): Green Tree Park Site Improvements BOND Date (Not earlier than Construction Contract Date): 1/21/97 Amount: $72,260.00 Modifications to this Bond: ® None O See Page.6, CONTRACTOR AS PRINCIPAL SURETY '1/4"^ n= ro•.<\`•��\ Com a�v (Corporate Seal) Company: (Corpora i•SEAL a LawnSMpitl1 :& Company, Inc. Old Republic Insurance Company =� ,"iiti•°°/:;= Signature:44 e. Signature: - Name and Title: Brian Smith, President - Name and Title: Sarah M. Starks Attorney in Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): • A MA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED. •MA ® A Z-1984 y, THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 f< 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of Para- bird themselves, their heirs, executors, administrators, graph 4, the Surety shall promptly and at the Surety's ex- successors and assigns to the Owner to pay for labor, pense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract,which is incorporated 6.1 Send an answer to the Claimant,with a copy to the herein by reference. Owner,within 45 days after receipt of the claim,stating the amounts that arc undisputed and the basis for chat- 2 With respect to the Owner, this obligation shall be null longing any amounts that are disputed. and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from all claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity who furnished labor, materials or 8 Amounts owed by the Owner to the Contractor under equipment for use in the performance of the Construe- the Construction Contract shall be used for the perfor- ti Contract, provided the Owner has promptly Holt- mance of the Construction Contract and to satisfy claims,if fleded the Contractor and the Surety (at the address de- any, under any Construction Performance Bond. By the scribed in Paragraph 12) of any claims, demands, liens Contractor furnishing and the Owner accepting this Bond, defense suits and tendered defense of such claims,demands, they agree that all funds earned by the Contractor in the liens or suits to the Contractor and the Surety, and performance of the Construction Contract are dedicated to provided there is no Owner Default. satisfy obligations of the Contractor and the Surety under 3 With respect to Claimants, this obligation shall be null this Bond,subject to the Owner's priority to use the funds and void if the Contractor promptly makes payment, di- for the completion of the work. rectly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants under or others for obligations of the Contractor that are unrelat • - this Bond until: ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant 4.1 Claimants who are employed by or have a direct under this Bond,and shall have under this Bond no obliga- contract with the Contractor have given notice to the tions to make payments to, give notices on behalf of, or Surety (at the address described in Paragraph 12) and otherwise have obligations to Claimants under this Bond. sent a copy,or notice thereof,to the Owner,stating that a claim is being made under this Bond and, with sub- 10 The Surety herebywaives notice of any change,includ- stantial accuracy, the amount of the claim. ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- 4.2 Claimants who do not have a direct contract with lions. the Contractor: 11 No suit or action shall be commenced by a Claimant .1 Have furnished written notice to the Con- under this Bond other than in a court of competent jurisdic- tractor and sent a copy, or notice thereof, to tion in the location in which the work or part of the work is the Owner, within 90 days after having last located or after the expiration of one year from the date(1) performed labor or last furnished materials or on which the Claimant gave the notice required by Sub- equipment included in the claim stating,with paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last substantial accuracy, the amount of the claim labor or service was performed by anyone or the last mate- and the name of the party to whom the mate- rials or equipment were furnished by anyone under the rials were furnished or supplied or for whom Construction Contract,whichever of(1) or(2)first occurs. the labor was done or performed; and If the provisions of this Paragraph are void or prohibited by .2 Have either received a rejection in whole or in law, the minimum period of limitation available to sureties part from the Contractor,or not received with- as a defense in the jurisdiction of the suit shall be applica- in 30 days of furnishing the above notice any ble. communication from the Contractor by which 12 Notice to the Surety,the Owner or the Contractor shall the Contractor has indicated the claim will be be mailed or delivered to the address shown on the sig- paid directly or indirectly; and nature page.Actual receipt of notice by Surety,the Owner .3 Not having been paid within the above 30 days, or the Contractor, however accomplished, shall be suffi- have sent a written notice to the Surety(at the cient compliance as of the date received at the address address described in Paragraph 12)and sent a shown on the signature page. copy,or notice thereof, to the Owner,stating 13 When this Bond has been furnished to comply with a that a claim is being made under this Bond and statutory or other legal requirement in the location where enclosing a copy of the previous written notice the construction was to be performed,any provision in this furnished to the Contractor. Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the Owner shall be deemed deleted herefrom and provisions con- to the Contractor or to the Surety,that is sufficient compli- forming to such statutory or other legal requirement shall ance. be deemed incorporated herein. The intent is that this AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA oh 312191 `` I I NRN, - THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20 `, V • M • Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall all other items for which a mechanic's lien may be promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor, materials or equipment were furnished. to be made. 15 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor, materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. 'telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: • • • (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY • Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: • Name and Title: Name and Title: • Address: Address: MA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED. •AIA l!4 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-19 1 ry 1`)I!t!trif,� ** ** ) OLD REPIBLIC 11,.;;ui, !***** insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania stock insurance corporation, does make, constitute and appoint: DICK C E DAVIS , SARAH M. STARKS , OF OMAHA, NE its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds. undertakings, recognizances or other written obligations in the nature thereof, (other than self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALI. WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF ONE MILLION DOLLARS ($1 , 000 , 000) FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind OLD REPUBLIC INSURANCE COMPANY thereby,and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printed on colored background and is multi-colored. This appointment is made under and by authority of the board of directors at a special meeting held on May 29, 1986. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC INSURANCE COMPANY on May 29, 1986. RESOLVED FURTHER, that the chairman, president or any vice-president of the Company's surety division, in conjunction with the secretary or any assistant secretary of the Company,be and hereby are authorized and directed to execute and deliver,to such persons as such officers of the Company may deem appropriate, Powers of Attorney in the form presented to and attached to the minutes of this meeting, authorizing such persons to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds,guarantees of installment paper and note guaranty bonds.The said officers may revoke any Power of Attorney previously granted to any such person. The authority of any Power of Attorney granted by any such officer of the Company as aforesaid shall not exceed five million dollars ($5.000,000.00), except (a) bonds required to be filed as open penalty bonds, and (b) bonds filed with any court or governmental authority requiring an unlimited penalty in bonds filed in that court. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i) when signed by the chairman,president or any vice president of the Company's surety division and attested and sealed(if a seal be required) by any secretary or assistant secretary; or (ii) when signed by a duly authorized attorney-in-fact and sealed with the seal of the Company (if a seal be required). RESOLVED FURTHER,that the signature of any officer designated above, and the seal of the Company, may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,OLD REPUBLIC INSURANCE COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 18 T H day of N O V E M B E R , 19 9 6 °.ws„�,�,, OLD REPUBLIC INSURANCE COMPANY 0. ci-41-41-4:*--f-- 1. A.-/- f--- t., SEAL) ?4 s- f Assistant ecretary '°<'1*+,r n;►+;;�� Vice President STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS On this 18 T H day of.. N O V E M B E R , 19 96 personally came before me, JAMES E. LEE and GERALDINE J. STELTER to me known to be the individuals and officers of the OLD REPUBLIC INSURANCE COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said organization. //-� • MotMr S: • 13.,...0c, Notary Public ~� CERTIFICATE My commission expires: 02/2 3/97 I,the undersigned, assistant secretary of the OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania 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. 4 0-2711 ‘...,*;'� Signed and sealed at the City of Brookfield this 21 da of_ January 19 97 SEAL i; VGk a. ',,,cV 4ftu.moi.k._.,,,, © 1,:,r,„•;;%'° Assistant Secretary j .•_ DAVIS INSURANCE AGENCY THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON COLORED BACKGROUND AND IS MULTI-COLORED I ORSC 11006-R(3.94) ' A , Ol\Dn 'CERTIFICATE OLI i� Cw DATE(MMIDDYY) F 12/30/1996 3 PRObUCER (402)571-3600 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 1 Sabi ty-Perry Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 31205 NO. 90th St. , Ste 109 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 4039 COMPANIES AFFORDING COVERAGE Omaha, NE 68104 COMPANY GEWERAL CASUALTY INS. CO. Attn: Ext: A INSURED Lawnsmi th & Co. , Inc. COMPANY 3731 State Street B Omaha, NE 68112 i''` "t '';il*; cOMPAIIY is R#. C i COMPANY 15 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REOUIREMEI4T,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WI- CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT'CO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE{MMIDDITY) DATE(MOONY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE S 1,000,000 X COMMERCIAL GENERAL LIABIL TV PRODUCTS-COMP/OP AGG S 1,000,000 A ; CLAIMS MADE X OCCUR CC1O177523 PERSONAL&ADV INJURY S 500,000 01/01/1997 01/01/1998i OWNER'S&CONTRACTOR'S PR T EACH OCCURRENCE S 500,000 F'RE DAMAGE(Any one firm S 50,000 MED EXP(Any ona pc-son) S 5,000 AUTOMOBILE LIABILITY X ANY AUTO COMBINED S.NGLE LIMIT S 500,000 X ALL OWNED AUTOS DOMY INJURY S X SCHEDULED AUTOS (Po-oefeca) A CBA0177523 01/01/1997 01/01/1998 X HIRED AUTOS BCDILY'NJURY S X NON-OWNED AUTOS (Pet accrde't) PROPERTY DAMAGE S GARAGE LIABILITY AL'U ON-V V.EA ACLILc.NT S ANY AUTO THE R THAN AUTO GUY EACH ACCDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 A X UMBRELLA FORM CCI0177523 01/01/1997 01/01/1998 AGGREGATE S OTHER THAN UMBRELLA FORM $ : WI';ETATU• .OTH- - WORKERS COMPENSATION AND • TORY:.IMITS ER EMPLOYERS'LIABILITY -- A THE PROPRIETOR! CWC0177523 01/01/1997 01/01/1998 . ELEACHAGCIDENT jQQ,000 INC) EL DISEASE•POLICY LIMIT $ 500,000 PARTNERS/EXECUTIVE OFFICERS ARE EX.CI -- . EL DISEASE-EA EMPLOYEE S 100,000 OTHER APPRi -. AS . R 14 /l� - DESCRIPTION OF OPERATIONSILOCATIOIJSNEHICLESISPECIAL ITEMS ADDITIONAL INSURED: CITY OF OMAHA • t.ERT AT.E 000R -, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 1I It.:FT CITY OF OMAHA PARKS & RECREATION DEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ,. ' 1819 FARNAM STREET OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENT TIVES. ' OMAHA, NE 68183 AUTHORIZED REPRESENTATIVE rDavid Perry AAC W2l${141.4 .. ,:: AC• .i.v. ,RPQRATtON 7089 c 25A CITY OF OMAHA LEGISLATIVE CHAMBER 4 Omaha,Nebr Feb=uaxy...1.1., 19.9.7 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,bids were received on January 15, 1997,for furnishing materials, labor and all else necessary to construct and finish all work in connection with the Greentree Park site improvements at Greentree Park, 127th and 129th Streets; and, WHEREAS,LawnSmith&Co.,Inc. submitted the best bid,within bid specifications, for the work in connection with the site improvements in the amount of$72,260.00; 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 approval of this contract and the acceptance of this bid. 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$72,260.00 from LawnSmith&Co.,Inc.for furnishing materials, labor and all else necessary to construct and fmish all work in connection with the Greentree Park site improvements at Greentree Park, 127th and 129th Streets, 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. Funds in the amount of $72,260.00 shall be paid from Park Division Fund 001,Agency 120,Organization No. 1220, Object 8310. The Finance Department is authorized to pay the cost of the project from these accounts. P:\PRPP`\4512.SAP APPROVED AS TO FORM: AS T5 ANT CITY ATTORNEY Date By... . -, .! Councilmember Adopted... FEB -1 1997 �- it C k. , Approved. 9 q Mayor boo• Off' '71pi ti `d ��s' �' '� coo 4� �. CD nPD C N dNelO. C p`• go N CD n �.. t ` r w1Iiifl ! Ui ; c. w ao '- 8 0 as O 7 CD CD i1IUUHJi a