RES 2023-1056 - Bid Award and Agmt with The Waldinger Corporation to winterize and spring start-up of seasonal park facilities City Clerk Office Use Only:
Publication Date (if pplic le):
RESOLUTION NO. 2-1)2,2)—hi".)11' }
Agenda Date:
Department: _S
Submitter: Oft hiu l e liens
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
WHEREAS, bids were received on September 13, 2023 to winterize and spring start-up of seasonal
park facilities at various park locations throughout the City of Omaha, Nebraska in the amount of
$81,000.00for the Parks, Recreation and Public Property Department; and,
WHEREAS, The Waldinger Corporation submitted the only bid, within bid specifications, attached
hereto and made a part hereof, in the amount of$81,000.00; and,
WHEREAS, The Waldinger Corporation, 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 $81,000.00 to The Waldinger
Corporation to winterize and spring start-up of seasonal park facilities at various park locations throughout the
City of Omaha, Nebraska, being the only 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
$81,000.00 to The Waldinger Corporation, from the General Fund 11111, Organization No. 115025, Ground
Maintenance Contracts.
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APPROVED AS TO FORM:
I � y��_ Y ATT Y DATE
Adopted: O C T 2 4 Z023 t -- I I .isf ill—
•
Attest:
CitClerk
Approved: <GUI/1/4_,
Mayor
SECTION 00 50 00
AGREEMENT
This AGREEMENT, made and entered into in quadruplicate, as of this ( day of . f e►r
A.D., 20 .E by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party of
the first part and hereinafter called "OWNER", and The Waldinger Corporation, with principal place of business at:
8802 South 121St St., La Vista, Omaha, NE 68128, hereinafter called "CONTRACTOR":
WHEREAS, said Contractor did, under date of August 23, 2023, submit a proposal to construct as outlined in
the proposal "Park Seasonal Facilities Winterization (2023)" for the City of Omaha, for the sum of Eighty-One
Thousand Dollars and No Cents ($81,000.00),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 AS, the ,�fforesaid proposal of Contractor was accepted by Resolution No. 20231 DTP ,
adopted Unini i 2023 , 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 "Park Seasonal
Facilities Winterization (2023)" ,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 "Park Seasonal
Facilities Winterization (2023)" 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 Park Seasonal Irrigation Systems, 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 "Park Seasonal Facilities
Winterization(2023)" in accordance with the aforesaid plans, specifications and addenda,and agrees to do so for the
sum of$81,000.00.
e. Owner agrees to pay Contractor said amount of $81,000.00 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 Katie Swanson, PLA ASLA, Landscape Architect—Park Planner
II / 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:402.444-3977; Fax: 402.444.4921; email:
Katie.Swanson@cityofomaha.org 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.
Park Planning Division Park Seasonal Facilities Winterization(2023) Date:09/15/2023
Omaha Parks&Recreation Dept. Agreement
005000-1
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 equivalcnt.
Not required per bid instructions f' —
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.
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.
Park Planning Division Park Seasonal Facilities Winterization(2023) Date:09/15/2023
Omaha Parks&Recreation Dept. Agreement
005000-2
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 damaqe or infringement of any patent in fulfilling this Contract. 7y
Notwithstanding the foregoing(The Waldinger Corporation)sTiall not indemnify others from nor be responsible for consequential or indirect loss or damage r i
of a commercial nature,includingloss of use failure to meet customer's requirements,loss of_profits or business interruption expenses of a similar nature.
g-6. Conractor 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
(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.
Park Planning Division Park Seasonal Facilities Winterization(2023) Date:09/15/2023
Omaha Parks&Recreation Dept. Agreement
005000-3
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
May 15,2024. "Contractor shall warranty their work from freeze breaks until the next winterization." �4
The above quote is from the City of Omaha bid Specifications dated 8-23-23 I'
g-16. The Contractor shall guarantee their work f9Langerial and workmanship for a period of two(2-y after
the date of"substantial completion" of his Contrani Id any defect be discovered in any of the work included
in this Contract within the period of two (2)yearsTa 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 governing final payment,except that it shall not constitute a waiver of claims.
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
Park Planning Division Park Seasonal Facilities Winterization(2023) Date:09/15/2023
Omaha Parks&Recreation Dept. Agreement
005000-4
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 Park Seasonal Facilities Winterization(2023) Date:09/15/2023
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;
THE WALDINGER CORPORATION CITY OF OMAHA
Executed the y day of pT LrrAv 20 Executed this Z 2ay of QC!vjr',2o 2?
(2 By:
(Ay orized Signature) Jean Stothert, Mayor
ATTEST:
o.4..\ ✓)�2r 1:6 iN Z^nayji
(Printed NI
(Printed &Title)
City Clerk
A/}(
At.—
Witnes Signature
APPROVED AS TO FORM:
City Att ey
��sis f
END OF SECTION
Park Planning Division Park Seasonal Facilities Winterization(2023) Date:09/15/2023
Omaha Parks&Recreation Dept. Agreement
005000-6
Event Number CI-2023-0103 Addendum 1 Organization Douglas County Purchasing
Event Title Parks Seasonal Facilities Winterization (202 Workgroup Purchasing
Event Description Parks Seasonal Facilities Winterization (202:Event Owner Carol Buhr
Event Type CI-BID-P Email carol.buhr@douglascounty-ne.gov
Issue Date 8/23/2023 12:00:02 AM (CT) Phone
Close Date 9/13/2023 11:00:00 AM (CT) Fax
Responding Supplier City State Response Submitted Lines Responded Response Total
The Waldinger Corporation La Vista NE 9/13/2023 09:32:54 AM (CT) 1 $81,000.00
Please note: Lines Responded and Response Total only includes responses to specification. No alternate response data is included.
CI-2023-0103 Addendum 1- Page 1
m
-P' Document A310TM - 2010
Bid Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal status and principal place
The Waldinger Corporation of business)
8802 South 121st St Travelers Casualty and Surety Company of America This document has Important legal
La Vista,NE 68128-5529 One Tower Square,2SHS consequences.Consultation with
OWNER: q an attorney is encouraged with
(Name, legal status and address) Hartford,CT 06183 respect to its completion or
City of Omaha City Clerk modification.
1819 Famam Street Any singular reference to
LC-1 Omaha-Douglas Civic Center
Omaha,NE 68183 Contractor,Surety,Owner or
BOND AMOUNT: Five Percent of Bid Amount (5%) other party shall be considered
plural where applicable.
PROJECT:
(Name, location or address,and Project number, if any)
City of Omaha-Parks Seasonal Facilities Winterization-2023
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 hercfrom 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 13th day of September,2023
2 The Waldinger Corporation
��, (Principal) Sel
(Witness)
G,/W�if�l ( a ..
(Title)
_ Travelers Casualty and Surety Company of America I t ,1 .}
- -- - --- --------
(Surety) (Seal)... .. -.
fftness Lauren Bruns G-
_____ !{A,� r;a,
(Title) Jessica J.Perkins,Attorney-in-Fact -. ;
2 IN, ', •-,' ' I'
(nit. MA Document A310T'--2010.Copyright 01963,1970 and 2010 by The American institute of Architects.All rights reserved.WARNINO;,Ti{i•firga
Document Is protected by U.S.Copyright Law and International Trestles.Unauthorized reproduction or distribution of this A1A`Documah�i.'R r,� i.....
any portion of it,may result in severe civil end criminal penalties,and will be prosecuted to the maximum extant possible under the la'4r,Titi'5
t document was created on under the terms of AIA Documents.on-on order no. ,and ts"ttotfprr, ''` 'i
resale.This document Is licensed by The American Institute of Architects for one time use only,and may not be reproduced prior to its completion.oat,to
Travelers Casualty and Surety Company of America
TRAVELERS.� j Travelers Casualty and Surety Company
St.Paul Fire and Marine Insurance Company
-
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Traveters Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duty organized under the laws of the State of Connecticut (herein
collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint JESSICA J PERKINS of
DES MOINES , Iowa their true and lawful Attorney(s)-In-Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies_In their business of guaranteeing the fidelity of parsons, guaranteeing the performance of'contracts and executing or
guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this Instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April,
2021.
0 .
State of Connecticut
By:
City of Hartford ss. Robert L.Rana , color Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing Instrument for the
purposes therein contained by signing on behalf of said Companies by himself es a duly authorized officer.
IN WITNESS WHEREOF,I hereunto set my hand and official seal. („4,,':;"
My Commission expires the 30th day of June,2026 a 2 fe G te'aA Anna P.Nowik,Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies,which resolutions are now in full force and effect,reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys-In-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman. any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is In writing and a copy thereof is filed in the office of the Secretary;and t is
FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory In the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by ono or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it Is
FURTHER RESOLVED, that the signature of each of the fol owing officers: President, any Executive Vice President, any Senior Vice President,
any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing Is a
true and correct copy of the Power of Attorney executed by said Corrienlps„whlch remains in full force and effect.
Dated this 13th day of September , 2023 ;' � _
if" : rw C fn ' ,,
\� ' " � J. b r'.) C r7,1 �.. '
,,,,......._. fr:-.-
..,
' Kevin E.Hughes,Assi tent Secretary
To verify the authenticity of this Power of.Atterney,please call us at 2-8O0-422-3880.
Please rarer to the above-named Attomey(s)-in-Fact and the details of the bond to which this Power of Attorney is attached.
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.
AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT & FAIR LABOR
STANDARDS
I Chad Westphalen , 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 contractor or (the authorized agent of the contractor) for
The Waldinger Corporation 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.
w w-
Affiant (Contractor)
Chad Westphalen, President - Omaha Division
SUBSCRIBED AND SWORN TO before me this 13th day of Sept , 20 23 .
Notary Public
t GENERAL NOTARY-State of Nebraska
WENDY QUECK
s` My Comm.Exp.March 25,2025_
JF°"""" City Of Omaha Small & Emerging Small Business Program
Participation Disclosure Form
4'4,F0 F«a"'��, THIS FORM MUST BE SUBMITTED AS A RESPONSE ATTACHMENT
NOTICE: This form must be submitted by the General Contractor/Lead Consultant at the time of bid/agreement submission,designating all companies utilized to complete the scopes of
work designated as reserved for Program Participants on the Participation Utilization Form attached to the project documentation. The General Contractor/Lead Consultant may utilize
SEB Program Participants for additional scopes of work not specified on the Participation Utilization Form,but they may not be substituted for scopes specifically identified by the City on
the Participation Utilization Form. Should the below listed SEB Program Participant be determined to be unable to perform successfully or is not performing satisfactorily,the General
Contractor/Lead Consultant shall obtain written approval from the Public Works Director or a designee before dismissal/substitution of the Participant. By submitting this form,the
General Contractor/Lead Consultant is certifying that it has afforded any/all applicable program participants the opportunity to submit bids/proposals on this project.
Projected Dates
Identified Scope NAICS Code Full Name of Start Completion Agreed Price % of total
Participant base bid
TOTALS: $0.00 0.0%
CERTIFICATION:
The undersigned certifies that he/she has read,understands, and agrees to be bound by small and/or emerging small business participation utilization requirements, and
the other terms and conditions of the Invitation for Bids/Request for Proposals. The undersigned further certifies that he/she is legally authorized to make the statements
and representations as to the Participation Utilization requirements and that said statements and representations are true and correct to the best of his/her knowledge and
belief The undersigned will enter into formal agreement(s)with the Participating Companies listed in the above disclosure at the price(s)set forth in this disclosure,
conditioned upon execution of a contract/agreement by the undersigned company with the City of Omaha. The undersigned agrees that if any of the representations made
regarding utilization of small and/or emerging small business by the General Contractor/Lead Consultant,knowing them to be false, or if there is a failure by the
undersigned company to implement the stated agreements,intentions, objectives,goals,and comments set forth herein without prior approval of the Public Works
Director or designee, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the bid/proposal or to terminate the
Contract/Agreement for default.The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other
defaults under the Contract/Agreement,under City of Omaha's Contract Compliance Ordinance or otherwise.
Date signed: Wednesday, September 13, 2023
Electronic Signature(typed): Patrick Johnston Title: Project Manager
Firm or Corporate Name: The Waldinger Corporation Telephone No.: 402-339-2666
Address: 8802 South 121st Street,La Vista,NE 68128-5529
"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.
The Waldinger Corporation
Name of Corporation
Chad Westphalen
Officer
President-Omaha Division
Title
If Foreign Corporation: N/A
Nebraska Resident Agent
OPW BID FORM
Responsible Contractor Compliance Form
RC-1
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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
CW perform employment in the United States and that the Contractor and all subcontractors shall use E-Verify to
determine work eligibility.
CW Contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.
Rev. Stat. Section 48-2901 et seq.).
CW Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev.
Stat. Section 73-104 et seq.).
CW 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 fmal determination by the Occupational Safety and Health Administration,been
CW 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.
CW 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.
Chad Westphalen, President- Omaha Division Wednesday, September 13, 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.