RES 2023-1029 - Bid Award and Agmt with Big A Demo & Excavating for demolition and site restoration at Lee Valley Pool City Clerk Office Use Only:
RESOLUTION NO. 02q
Publication Date(if pplic ble):
Agenda Date:
Department:
Submitter: `I • (L�1 £
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
WHEREAS, bids were received on August 30, 2023 to furnish all labor, materials and equipment
necessary for demolition and site restoration. The work includes general demolition, earthwork and
grading/seeding at Lee Valley Pool, located at 10605 Charles Street, Omaha, Nebraska in the amount of
$90,000.00for the Parks, Recreation and Public Property Department; and,
WHEREAS, Big A Demo & Excavating LLC submitted the lowest bid, within bid specifications,
attached hereto and made a part hereof, in the amount of$90,000.00; and,
WHEREAS, Big A Demo & Excavating LLC, 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.
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 $90,000.00 to Big A Demo &
Excavating LLC to furnish all labor, materials and equipment necessary for demolition and site restoration.
The work includes general demolition, earthwork and grading/seeding at Lee Valley Pool, located at 10605
Charles Street, Omaha, Nebraska, being the lowest bid received within bid specifications, attached hereto
and made a part of hereof, is hereby accepted. The Purchasing Agent is authorized to issue a purchase
order in conformance herewith; and that the Finance Department is authorized to pay the Funds in the
amount of $90,000.00 to Big A Demo & Excavating LLC, from the 2018 Parks and Recreation Fund 13357,
Organization No. 117317, Parks and Cultures Bonds, Project I.D. No. 1992P510.
p3084mtc
APPROVED AS TO FORM:
/v. Cil4'9A3
ITY ATTOR DATE
Adopted:
OCT 17 2023 --�D A0 —
Attest:
City C11k
Approved:
Mayor
SECTION 00 50 00
AGREEMENT
This AGREEMENT, made and entered into in quadruplicate, as of this 2 O1 1 day of 0e-irI r
A.D., 2023 by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party of the
first part and hereinafter called "OWNER", and Big A Demo & Excavating LLC, with principal place of business at:
4312 Pine St.,Omaha, NE 68105, hereinafter called "CONTRACTOR":
WHEREAS, said Contractor did, under date of August 16, 2023, submit a proposal to construct as outlined in
the proposal"Swimming Pool Demolition at Lee Valley Park"for the City of Omaha,for the base sum of$50,345.00.
Add Alternate#1 in the sum of$39,655.00,for a total sum of Ninety Thousand Dollars and No Cents ($90,000.00),
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. r
WH Ar§�,,the of resaid proposal of Contractor was accepted by Resolution No.,. —I V2v/,
adopted V OM( I , 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
"Swimming Pool Demolition at Lee Valley Park" ,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
"Swimming Pool Demolition at Lee Valley 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 Lee Valley Park, 10605 Charles St, 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 "Swimming Pool Demolition at
Lee Valley Park"in accordance with the aforesaid plans,specifications and addenda,and agrees to do so for the sum
of$90,000.00.
e. Owner agrees to pay Contractor said amount of $ 90,000.00 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 John Williams, PLA,ASLA, Landscape Architect 1 Park Planning
Division —City of Omaha Parks, Recreation and Public Property Department; 1819 Farnam Street, Suite 701,
Omaha, NE 68183-0701. Office: 402.444.4915; Direct: 402.444.5943; Fax: 402.444.4921; email:
john.williams@cityofomaha.org and any such substitution or change shall in no manner be construed to release
Park Planning Division Swimming Pool Demolition at Lee Valley Park Date:09/07/2023
Omaha Parks&Recreation Dept. Agreement
005000-1
either party from any specified or implied obligation of the aforesaid plans, specifications and addenda except as
specifically provided for in the Change Order.
g. This Contract is entered into subject to the following conditions:
g-1. Contractor does hereby state, warrant and covenant that it has not retained or employed any company,
or person,other than bona fide employees working for said Contractor,to solicit or secure this Contract,and that it has
not paid or agreed to pay any company or person, other than bona fide employees working solely for the Contractor,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from
the award or making of this Contract. For breach of violation of this statement, warrant, and covenant, the City of
Omaha shall have the right 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 a performance bond, a payment bond, and a warranty bond, each in an amount
at least equal to one hundred percent(100%)of the Contract price,as security for the faithful performance bond,payment
bond, and warranty bond of all of Contractor's obligations under the Contract, Fire, Workmen's Compensation, Public
Liability and Property Damage insurance,all as required in the aforesaid specifications and addenda,and remain in effect
until two years after the date of Final Completion unless otherwise noted.
g-3a. Contractor shall obtain the required performance bond, payment bond, and warranty bond from
surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to
issue bonds in the required amounts.
g-3b. Bond Forms: Contractor shall use AIA documents or approved equivalent formats for all
bonds, and shall be executed by such sureties as are named in "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as
published in Circular 570(as amended and supplemented)by the Financial Management Service,Surety
Bonds Branch, U.S. Department of the Treasury.
g-3b-1. Performance Bond: AIA 312-2010 or approved equivalent.
g-3b-2. Payment Bond: AIA 312-2010 or approved equivalent.
g-3b-3. Warranty Bond: AIA 313-2020 or approved equivalent.
g-3c. Performance Bond, Payment Bond, and Warranty Bond shall be submitted to the Omaha Parks,
Recreation and Public Property Department within fourteen (14) calendar days after receiving notice of
the award of the contract.
g-3d. If the surety on a bond furnished by Contractor is declared bankrupt or becomes bankrupt or
becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of
the Project is located, or the surety ceases to meet the requirements above, then Contractor shall
promptly notify Owner and Engineer and shall, within twenty-eight (28) calendar days after the event
giving rise to such notification,provide another bond and surety, both of which shall comply with the bond
and surety requirements above.
g-3e. If Contractor has failed to obtain a required bond,Owner may exclude the Contractor from the Site
and exercise Owner's termination rights.
Park Planning Division Swimming Pool Demolition at Lee Valley Park Date:09/07/2023
Omaha Parks&Recreation Dept. Agreement
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g-3f. Upon request, Owner shall provide a copy of the payment bond to any subcontractor, Supplier,or
other person or entity claiming to have furnished labor or materials used in the performance of the Work.
g-4. Owner, its employees and representatives, and the Owner's Representative 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 herein
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.
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 ("Certification of Contribution Status" - form "NEBRUI Form 16") 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 ten percent
(10%) 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 or applicant for employment because of race,
religion, color, sex, age, sexual orientation, gender identity, disability or national origin as defined by the Americans
with Disabilities Act of 1990 and Omaha Municipal Code Sec 13-82. The Contractor shall take affirmative action to
ensure that applicants are employed and that employees are treated during employment without regard to their race,
religion, color, sex, age, sexual orientation, gender identity, disability or national origin. The Contractor shall take all
actions necessary to comply with the Americans with Disabilities Act of 1990 and Omaha Municipal Code, (Chapter
13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and
include, without limitation, the following: Recruited, whether advertising or by other means; compensated; 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, 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,age,sexual orientation,gender identity,disability or national origin as recognized under 42 USCS 12101 et
seq.
g-9. The Contractor shall send to each labor union or representative of workers with which they have 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 and shall
post copies of the notice in conspicuous places available to employees and applicants for employment.
g-10. 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, and shall permit reasonable access to
his records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs
Park Planning Division Swimming Pool Demolition at Lee Valley Park Date:09/07/2023
Omaha Parks&Recreation Dept. Agreement
00 50 00-3
(7) through (13) of this subsection 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-11. 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 (7) through (13) herein, including penalties and sanctions for
noncompliance; however, 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 necessary to protect the interests of the City and
to effectuate the provisions of this division; 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-12. The Contractor shall file and shall cause their 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 their subcontractors.
g-13. The Contractor shall include the provisions of Paragraphs (7) through (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(refer to Specification Section 00205 for more detail).
g-14. 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 or rented in the performance of the Contract.
g-15. Contractor agrees to commence work on the date specified in the notice from the Park Planning Division
of the Omaha Department of Parks, Recreation and Public Property, and to substantially complete all the work by
November 2,2023.
g-16. The Contractor shall guarantee their work for material and workmanship for a period of two(2)years after
the date of"substantial completion"of his Contract, and should any defect be discovered in any of the work included
in this Contract within the period of two(2) years from the "substantial completion"of this Contract, the repair of such
defect and the cost of such repairs shall be borne by the Contractor under their Contract.
a. Substantial Completion: Substantial Completion shall mean that in general, the Work, excluding
minor punch list items and appropriate paperwork to closeout the project is one hundred percent(100%)complete and
ready for use by the Owner.
g-17. 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 finds 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 has
been substantially completed,full completion thereof is materially delayed through no fault of the Contractor, and the
Architect so certifies, the Owner shall, upon certificate of the Architect and without terminating the Contract, make
payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made
under the terms and conditions goveming final payment,except that it shall not constitute a waiver of claims.
Park Planning Division Swimming Pool Demolition at Lee Valley Park Date:09/07/2023
Omaha Parks&Recreation Dept. Agreement
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i. 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. •
I. 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 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.
Park Planning Division Swimming Pool Demolition at Lee Valley Park Date:09/07/2023
Omaha Parks&Recreation Dept. Agreement
005000-5
IN WITNESS WHEREOF, we the contracting parties, by our respective duly authorized agents, hereto affix our
signatures and seals at Omaha, Nebraska;
BIG A DEMO&EXCAVATING LLC CITY OF OMAHA
Executed the day of , 20 Executed this a day of eke-4<20- rj
By: 41veu _
(Authorized Signature) Jean Stothert, Mayor
ATTEST:
y c1ael Aid-0-s 0 /V /n-cr
(Printed Name&Title)
., City Clerk
Witness Signature
APPROVED AS TO FORM:
City ey
i ste
t
END OF SECTION
Park Planning Division Swimming Pool Demolition at Lee Valley Park Date:09/07/2023
Omaha Parks&Recreation Dept. Agreement
005000-6
Event Number CI-2023-0102 Addendum 1 Organization Douglas County Purchasing
Event Title Swimming Pool Demolition at Lee Valley Pa Workgroup Purchasing
Event Description Swimming Pool Demolition at Lee Valley Pa Event Owner Michelle Horton
Event Type CI-BID-P Email michelle.horton@douglascounty-ne.gov
Issue Date 8/16/2023 12:00:03 AM (CT) Phone
Close Date 8/30/2023 11:00:00 AM (CT) Fax
Responding Supplier City State Response Submitted Lines Responded Response Total
Big A Demo & Excavating LLC Omaha NE 8/30/2023 09:20:22 AM (CT) 2 $90,000.00
Cox Contracting Co., Inc. Council Bluffs IA 8/29/2023 01:52:07 PM (CT) 2 $204,000.00
Navarro Lawn & Landscape ralston NE 8/30/2023 10:50:39 AM (CT) 2 $300,000.00
Please note: Lines Responded and Response Total only includes responses to specification. No alternate response data is included.
CI-2023-0102 Addendum 1- Page 1
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Supplier Award
CI-2023-0102 Addendum 1
Swimming Pool Demolition at Lee Valley Park
Award Date: 9/19/23
Big A Demo & Excavating LLC
Page 1 of 2 pages Vendor:Big A Demo&Excavating LLC CI-2023-0102 Addendum 1
Big A Demo & Excavating LLC
Address:4312 Pine St.
Omaha, NE 68105
Phone: (402) 345-8800
Email: demoomaha@hotmail.com
Award Lines
1 Swimming pool demolition
Quantity: 1 UOM: Lump sum Unit price: $50,345.00 Total: $50,345.00
2 Add Alternate#1
Quantity: 1 UOM: Lump sum Unit price: $39,655.00 Total: $39,655.00
Award Total: $90,000.00
Page 2 of 2 pages Vendor:Big A Demo&Excavating LLC CI-2023-0102 Addendum 1
AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT & FAIR LABOR
STANDARDS
I, Mt th w cl vl cl-t r )n , being first duly sworn under oath, state and
depose as follows:
1. I am competent to testify to, and have personal knowledge of, the matters stated in
this affidavit.
2. I am (a contractor) or (the authorized agent of the contractor) for
t3 :t I�Cure s�tint1VAl h tej 'X Company, (hereinafter "Contractor"). I attest to the
following: (a) each individual performing services for Contractor is properly classified under
the Nebraska Employee Classification Act, ("the Act"), (b) Contractor has completed a federal I-
9 immigration form and has such form on file for each employee performing services, (c)
Contractor has complied with Neb. Rev. Stat. §4-114 (use of federal immigration verification
system), (d) Contractor has no reasonable basis to believe that any individual performing
services for Contractor is an undocumented worker, (e) as of the time of the contract, Contractor
is not barred from contracting with the state or any political subdivision pursuant to the Act, and
(f) Contractor is complying with and will continue to comply with, fair labor standards as
provided, in Neb.Rev.Stat. §§73-102 & 73-104, as applicable and as amended hereinafter.
Contractor will also ensure that all subcontractors execute affidavits in compliance with the Act.
FURTHER AFFIANT SAYETH NAUGHT.
Affrant(Contractor)
SUBSCRIBED AND SWORN TO before me this Zi day of AliJ'1 , 20 3.
WArvat Li-tvJA,,K.
o ry Public
GENERAL NOTARY State of Nebraska
LE8UE WEHRU-MCFARUN
My Comm.Ep.November 17,2026
EMPLOYEE CLASSIFICATION ACT:
Each contractor who performs construction or delivery service pursuant to this contract shall
submit with their bid submission an affidavit attesting that (1) each individual performing
services for such contractor is properly classified under the Nebraska Employee Classification
Act, 2010 LB 563 ("the Act"); (2) such contractor has completed a Federal I-9 Immigration form
and has such form on file for each employee performing services; (3) such contractor has
complied with Neb. Rev. Stat. Section 4-114 (Federal Immigration Verification System--E-
Verify); (4) such contractor has no reasonable basis to believe that any individual performing
services for such contractor is an undocumented worker; and (5) as of the time of the contract,
such contractor is not barred from contracting with the state or any political subdivision pursuant
to the Act. The contractor shall follow the provisions of the Act. A violation of the Act by a
contractor is grounds for rescission of the contract by City of Omaha/Douglas County.
CONTRACTOR shall follow the provisions of the Employee Classification Act (Act). A
violation of the Act will be a material breach and, in addition to any other remedies, be grounds
for immediate contract rescission. If CONTRACTOR is performing construction or providing
delivery service, CONTRACTOR shall submit an affidavit that complies with the
Act. CONTRACTOR will also ensure that all subcontractors performing services for Contractor
will also complete affidavits that comply with the Act. Contractor may submit the affidavit(s)
with their bid submission. In all circumstances, Contractor shall provide the affidavits
before work or services are undertaken pursuant to this Agreement.
Following award, if CONTRACTOR changes or adds additional subcontractors,
CONTRACTOR shall ensure that the subcontractor provides an Employee Classification Act
affidavit to Douglas County Purchasing Department before that subcontractor begins work or
services.
All Employee Classification Act affidavits shall be sent to: Douglas County Purchasing Agent,
1819 Farnam Street, Room 902, Omaha NE 68183.
FAIR LABOR STANDARDS:
CONTRACTOR agrees to maintain FAIR LABOR STANDARDS as defined in Neb. Rev Stat §
73-104. CONTRACTOR has filed with Douglas County (City/County Purchasing) a statement
that it is complying with and will continue to comply with, fair labor standards as provided in
Neb. Rev. Stat. §§73-102 & 73-104. In addition, CONTRACTOR assures County that it will
continue to comply with statutory fair labor standards throughout its performance under this
contract.
Responsible Contractor Compliance Form
RC-1
OMAHA,�'
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1. Regulation:
A.Article IV,Division I of Chapter 10 of the Omaha Municipal Code thereon require:
1.That all contractors who submit a bid to City of Omaha shall designate a representative who on behalf of the Contractor,
shall fill out completely a Responsible Contractor Compliance Form (RC-1). An incomplete or unsigned RC-1 form will
make your bid null and void.
2. Filing this Report: initial in the boxes below and upload the signed/completed form in the Response Attachments tab.
Contractor agrees that Contractor will not knowingly employ or hire an employee not lawfully authorized to
MDA perform employment in the United States and that the Contractor and all subcontractors shall use E-Verify to
determine work eligibility.
MDA Contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.
Rev. Stat. Section 48-2901 et seq.).
MDA Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.
Stat.Section 73-104 et seq.).
MDA Contractor has not been convicted of any tax violations(local, State and Federal)within the last three years from
the date this bid is submitted.
Contractor has not,upon final determination by the Occupational Safety and Health Administration,been
MDA convicted of a criminal,repeat,or willful violation of the Occupational Safety and Health Act(OSHA)or been
convicted of 3 (three)separate"serious"OSHA violations within the past three(3)years.
MDA Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with
the provisions of the Responsible Contractor Compliance Form,RC-1.
Michael D. Anderson August 29th, 2023
Signature(TYPED) Date
By signing,I verify on behalf of the Contractor that the information above is true and correct. Filing false information carries a penalty of
up to a$500 fine or six months in jail. In addition,the contractor and sub-contractors can be subject to immediate disqualification and
prohibited from any future City of Omaha contract for a period of 10 years.
/EMCInsurance Companies: Document A310 - 2010
Bid
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal status and principal place
Big A Demo&Excavating LLC of business)
4312 Pine St Employers Mutual Casualty Company This document has Important legal
Omaha, NE 68105 717 Mulberry St. consequences. Consultation with an attorney is
OWNER: Des Moines,IA 50309 3872 encouraged with respect to its completion or
modification.
(Name,legal status and address)
City of Omaha Any singular reference to Contractor,Surety,
1819 Famam Street Owner or other party shall be considered plural
Omaha, NE 68183 where applicable.
BOND AMOUNT: Ten Percent of Amount Bid, 10%
PROJECT:
(Name,location or address, and Project number,if any)
Demolition -Lee Valley Park Swimming Pool
10605 Charles Street
Omaha, NE 68114
The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the
Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and
severally,as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor
within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and
Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,
and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the
jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for
the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,
not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the
Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall
be null and void,otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement
between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the
Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids
specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond
sixty(60)days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be
deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,
any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so
furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
Signed and sealed this 30th day of August, 2023
�^ Big A Demo BExcayatinc_LLC
`ti�`i Jam,.
(Principal) (Seal)
(Witness) c.l✓ ..
(Title)
EnelloyersAlutual Casuals Comean
(Sure — —
,I (Seal)
(Witness)
(Title Connor Lemon,Attor ey-In- act
;nit. 06111t1
This document conforms to the wording and provisions of the AIA A310-2010 bond form.
EMC
P.O.Box 712 o Des Moines,Iowa 50306-0712 INSURANCE
POWER OF ATT` ;fRNFY APPOINTING INDIVIDUAL ATTOfNEV-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1.Employers Mutual Casualty Company,an Iowa Corporation 4.Illinois EMCASCO Insurance Company,an town Corporation
2.EMCASCO Insurance Company,an Iowa Corporation 5.Dakota Fire insurance Company,a North Dakota Corporation
3. Union Insurance Company of Providence,an Iowa Corporation 6.EMC Property&Casualty Company,an Iowa Corporation
hereinafter referred to severally as"Company"and collecfvely as"Companies" each does,by these presents,make,constitute and appoint.
Connor Lemon
its true and lawful attorney-in-fact,with full power and authority conferred to sign,seal,and execute the Bid Bond
In an amount not exceeding Ten Million Dollars $10,000,000.00
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each Such Company,and all
of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
AUTHORITY FOR POWER OF ATTORNEY
This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the
first regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED:The President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have
power and authority to(1)appoint attorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto,bonds
and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof;and(2)to remove any such attorney-in•fact at any time
and revoke the power and authority given to him or her.Attorneys-in-tact shall have power and authority,subject to the terms and limitations of the power•ot•aitomey
Issued to them,to execute and deliver on behalf of the Company,and to attach the seal of the Company thereto,bonds and undertakings,recognlzances,contracts of
indemnity and other writings obligatory in the nature thereof,and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon
the Company.Certification as to the validity of any pawer•of•attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all
respects binding upon this Company.The facsimile or mechanics Ily reproduced signature of such officer,whether made heretofore or hereafter,wherever appearing upon
a certified copy of any power-of-attomey of the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS THEREOF,the Companies have caused these presents to be sign d for each by their officers as shown,and the Corporate seals to b hereto affixed this
22nd day of September , 2022 .
_/GTirif/r
Seals
o•+s ooMn ' ;• Y d oft A.Jean,Pent&CEO Todd Strother,f xecutive Vice President
�a1.'�,t, °�``�;r ';•",`Q• 0%,,,,,,,,,,,,,,, of Company 1, man,President Chief Legal Officer&Secretary of
t'0 g�e a:b c;;?t' =' &CEO of Com.. ies 2 3,4,5&6 Companies 1,2,3,4,5&8
1 z ocAt., ,t 1863 :o? :us 1953 1,
rows V•
On this 22nd day of September 2022 before me a Notary Public in and for the State
,,,,,,,,, of Iowa,personally appeared Scott R.Jean and Todd Strother,who,being by me duly sworn,
•'o11.`?, •"OFC'' :' •;,".V"4"�f' ��"°� %:°4s'• d d say that they are,and are known to me to be the CEO,Chairman,President,Executive
"'""'% °'� �;4��"�'' = Q▪ `"t° r°;�; Vice President,Chief Legal Officer and/or Secretary,respectively,of each of the Companies
SEAL it,: SEAL F k ^�' SEAL; above:that the seals affixed to this instrument are the seats of said corporations;that said
•: °= instrument was signed and sealed on behalf of each of the Companies by authority of their
ow%• ''•;'i�'►rw""pn'',+A`p•,, 6 respective Boards of Directors;and that the said Scott R.Jean and Todd Strother,as such
r , ,,
"„„,,, officers,acknowledged the execution of said instrument to be their voluntary act and deed,
and the voluntary act and deed of each of the Companies.
KOMY1.01111RIDGE My Commission Expires October 10,2025.
QorilliComnosolonaku a. r October 10,Numb.r10tr4e �' 01 U rLALG t�
Notary Pubti In and for the State o owa
CERTIFICATE
I,Ryan J.Springer,Vice President of the Comp&ies.do hereby certify that the fo!egoing resolution of the Boards of Directors by each of the Companies,and
this Power of Attorney issued pursuant thereto on 22nd day of September , 2.n72 are true and correct and are still in full force and effect.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 30th.day of August , 2023
Vice President
7854(9-22) 13023177-NA B7842 988 A 000000 "For verification of the authenticity of the Power of Attorney you may call(516)345-754a."
"CERTIFICATE OF COMPLIANCE"
A Corporate Contractor, in submitting this Proposal, hereby represents that the Corporation has complied
with all Nebraska Statutory requirements, which are prerequisite to its being qualified to do business in the
State of Nebraska, or that it will take all steps necessary to so qualify, if the successful bidder.
Big A Demo &Excavating
Name of Corporation
Michael D.Anderson
Officer
Owner
Title
If Foreign Corporation:
Nebraska Resident Agent
OPW BID FORM
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QQ Request for Taxpayer
Form Mg Give Form to the
(Rev.October2018) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service 1 Go to www.irs.gov/FormW9 for instructions and the latest information.
1 Na a(as shown on your income tax return).Name is required on this line;do not leave this line blank.
bigA bchit) I- L-2(C VA by
2 Business name/disregarded entity name,If different from above'
co
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to
tcr
following seven boxes. certain entities,not Individuals;see
Q- instructions on page 3):
g 0 Individual/sole proprietor or 0 C Corporation S Corporation 0 Partnership ❑Trust/estate
csingle-member LLC Exempt payee code(if any)
is ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)
o 2 Note:Check the appropriate box In the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting
LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is co d -
e(if any)
a another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that
Is disregarded from the owner should check the appropriate box for the tax classification of its owner.
y (see see instructions ►
O. ❑ ) (AppFes to attounls maintained outside the US.J
5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional)
1-1'31 Z Pi ii e. S 1"
6 City,state,and ZIP code
(� vv a h,yi i\t VW 5
7 List account number(s)here(optional)
Part I Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid f Social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other — —
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN, later. or
Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number
Number To Give the Requester for guidelines on whose number to enter.
Part II Certification
Under penalties of perjury,I certify that:
1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.I am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting Is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage Interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments
other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later.
Sign Signature of /�
Here U.S.person I. �v w Date II' (7 -'5 20 L•
General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross
noted. proceeds)
Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other
related to Form W-9 and its instructions,such as legislation enacted transactions by brokers)
after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions)
Purpose of Form •Form 1099-K(merchant card and third party network transactions)
•
An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest),
information return with the IRS must obtain your correct taxpayer 1098-T(tuition)
Identification number(TIN)which may be your social security number •Form 1099-C(canceled debt)
(SSN),individual taxpayer identification number(IT1N),adoption •Form 1099-A(acquisition or abandonment of secured property)
taxpayer Identification number(ATIN),or employer identification number
(EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident
amount reportable on an information return.Examples of information alien),to provide your correct TIN.
returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might
•Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding,
later.
Cat.No.10231X Form W-9(Rev.10-2018)