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RES 2016-0711 - Bid from Burton Plumbing Services for replacement of waterline at Miller Park Pavilion 6,-.) r""" NF Parks, Recreation & i, 1 'Y! L f, Public Property Department ^r v z 1 C(1� tiA Omaha/Douglas Civic Center ���i� �� .} �e 1819 Farnam Street,Suite 701 n®. M f a► i 2 16 MAY I 5 f '" l' L;. y Omaha,Nebraska 68183 0701 �Aop �yti (402)444-5900 apFo pEeR`3t „ FAX(402)444-4921 City of Omaha r r' Jean Stothert,Mayor F# '' v i t' 4.S's,; May 24, 2016 Honorable President and Members of the City Council, Transmitted herewith is a BID TABULATION and a RESOLUTION authorizing the Purchasing Agent to issue a Purchase Order to Burton Plumbing Services, Inc., to furnish all labor and materials to replace new waterline at the Miller Park Pavilion, 2707 Redick Avenue, in total amount of$89,448.59, for the Parks, Recreation, and Public Property Department. Burton Plumbing Services, Inc., submitted the sole Rebid for the project. The following bid was received on April 20, 2016: CONTRACTOR BID BURTON PLUMBING SERVICES, INC. $89,448.59 (SOLE BID) Burton Plumbing Services, 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. Finance Department is authorized to pay the Funds in the total amount of$89,448.59 to Burton Plumbing Services, Inc. from the 2010 Parks & Recreation Bond Fund No. 13355 and Organization No. 117317, Parks & Cultures Bond, for the 2016 fiscal year. The Parks, Recreation, and Public Property Department recommends the acceptance of the bid from Burton Plumbing Services, Inc., being the sole bid received, and requests your consideration and approval of this Resolution. H W Z U_ 0 I- w z V a }- W z C) a U z U cd m d a •Z = 2 cc r- N M .� d * * *k d N C m +�+ la E E W c CO c a v aft OC n E 0 Q m m LI cc a a :a co m < < < p -p 'y C m Z 0 Q w c a 0 N c 0 F- J pop t LL E :a H V 0 .a_ d fl 0 0 m cc a N c` a U_ w N a 0O 2 N C.) 0cn co z N m --• � z a)°' o Z 0 H L- 0.0 d 0 O '' m O o -t Y C m H O Q G o_ 0 StG I ION UU11U PS r DOUGLAS COUNTY * #� REQUEST FOR BID AND BID SHEET n �:� ON: CITY OF OMAHA MILLER PARK WATER SERVICE REPLACEMENT-REBID + t• RETURN BIDS TO: Published:April 6,2016 CITY CLERK,LC-1 OMAHA-DOUGLAS CIVIC CENTER NOT AN ORDER Page 1 of 4 Pages 1819 Farnam Street Omaha,Nebraska 68183-0011 BID BOND OR CERTIFIED CHECK REQUIRED IN THE AMOUNT OF 5%IF THE TOTAL AMOUNT FOR THE ITEMS OFFERED IS$20,000 OR MORE. BID BOND OR CERTIFIED CHECK SHALL BE MADE PAYABLE TO"CITY OF OMAHA". • Bid Opening Date: 11:00 A.M.April 20,2016 • IMPORTANT 1.Bid must be in the office of the Acting CiTY CLERK, LC-1, OMAHA-DOUGLAS CIVIC 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. CENTER,1819 Fermin Street,Omaha,NE 68183-0011 by bid opening date and time 6.When submitting bid on items Med,bidder may on a separate sheet,make suggestions indicated, in sealed envelope marked BID ON: MILLER PARK WATER SERVICE covering reduction in costs wherever this is possible through redesign,change of material REPLACEMENT-REBID. or utilization of standard items or quantity change. 2.As evidence of good faith a bid bond or certified check must be submitted with bid, Bid Band or certified check shah be made payable to the"City of Omaha". FAILURE TO DO PLEASE DO NOT CALL FOR THIS INFORMATION. SO IS CAUSE FOR REJECTION 3.Right is reserved to accept or reject any or at/bids in their entirety and the bidders shall have the right to appeal any decision to the City Council. Right is also reserved to accept or reject any part of your bid unless otherwise indicated by you. 4.If Federal Excise Tax applies,show amount of same and deduct. Exemption certificates will be furnished.Do not Include tax in bid. 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) he specifications and drawings prepared by the Specialized Engineering Solutions for the Miller Park Water Service Replacement-REBID and that the Bidder has made all the examinations and investigations required by said documents. 3IDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO ,THROUGH . t is understood (a) that as to the contract which may be awarded upon this proposal, the Contract period will be the term beginning with the notice to Proceed and ending with the acceptance of the work,the number of consecutive calendar days hereinafter agreed on;and(b) that it is the intention of the 'ark 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 egard for his fitness and capacity to furnish in sufficient quantities the quality of material considered by said Park Planning Division best to meet the equirements of the Park Planning Division;material purchased for this project will be State of Nebraska and City sales tax exempt. )n the foregoing,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 "Miller Park Water Service Replacement - REBID, 6100 N. 24th St., Omaha, Nebraska" in .ccordance with the provisions of this proposal and contract documents to the satisfaction of the City of Omaha Parks, Recreation and Public Property iepartment for the lu sum of: � IASE BID;_ 4,L,C, 1/✓60.- !X outi ' dt Am/drink 41i ehaio oilfiail"-- IL r (g 8-9, yea 6 ) ate: Refer to page 2 of 4 for Bid Bond,Completion Date&Performance Bond,page 3 of 4 for General Contractor Work t equlrement,Insurance Requirements, eating Allowance,Unit Prices&Alternates(if applicable)and page 4 of 4 for Responsible Contractor Compliance Form(RC-1).Refer any questions regarding the Id or Contract Documents directly to the Park Planning Division at 402-444-5900 or as noted in the Contract Documents. 1 bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on fie with the Human Relations Department the Contract ompliance Report(Form CC-1).The report shah be in effect for 24 months from the date received by the Human Relations Department.Any questions regarding the Contract Compliance rdinance or PBEIDEB Listings should be directed to the Human Relations Department at 402-444-5055. 'lease Print Legibly or Type) Firm w"lajli\_, QtU t'f1,IDt MI t,C,c$_ L Incorporate ' Name Wif-- �:u oN. S Signature (State) � Title t toQ Nile Phoneme-may- Fax I Address Sb iC ski-,d- Or iv.).. kvt_. tell 1 Street/P.O.Box City State ZIP E-Mail Address iY\.ev#},l•-„S 0,cy.; fi a'b1/4.iritrl‘.to ri`• III Bid Form(Rev.01-2016) SECTION 00210 DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA MILLER PARK WATER SERVICE REPLACEMENT- REBID I NOT AN ORDER Page 2 of 4 Pages 1 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. It is understood that the contract documents shall consist of the advertisement,the requirements for bidding and instruction to bidders,this proposal, • the contract documents titled "Miller Park Water Service Replacement- REBID" 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. BID BOND: I In accordance with the requirements for bidding and instructions to bidders,there is deposited herewith a bid bond or a certified check payable to the City of Omaha, in the sum of: �� ($ !Ji , ), which is at 1 least five percent(5%)of the aggregate amount of the proposal. 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 II 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: I 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. I COMPLETION DATE: The bidder agrees that construction will be completed within Sixty (80) Calendar Days after approval of the purchase order for the work by the I Omaha City Council and receiving the'Notice to Proceed"from the Park Planner. PERFORMANCE BOND: I Refer to Specification Section 00200, "Instructions to Bidders", Part 2.10, 'Bond Submission" and Section 00400, "Performance, Payment Maintenance Bond"requirements. I I SIGN ALL COPIES Firm .-.. t \O• ti_rcA,I.e,s •TN.c_. By r-- .."' I Title I I Bid Form(Rev.01-2016) SECTION 00210 DOUGLAS COUNTY • REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA MILLER PARK WATER SERVICE REPLACEMENT•REBID NOT AN ORDER Page 3 of 4.Pages GENERAL CONTRACTOR WORK REQUIREMENT: General Contractor shall perform a minimum of thirty percent(30%)of the work without subcontracting, Purchasing of materials shall not qualify as self-performing the Work. • INSURANCE REQUIREMENTS: Refer to Specification Section 00500, "General Conditions of the Contract for Construction', Part 2.15, °Contractor's Insurance" for insurance requirements. UNIT PRICES: This Section Not Used. ALTERNATES: None. SIGN ALL COPIES Firm 'DZ(irdzt' �nci SriA � Title A .a.,OR DATE(MISORANYY) CERTIFICATE OF LIABILITY INSURANCE 3/15/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CORMS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endarsement(sl. PRODUCER Non= The Harry A.Koch Co. RIM FAX P.O. Box 45279 m, !.402 861 7000 ,INC-No): Omaha NE 88146-0279 ADDRESS: INSURER(S)AFFORDING COVERAGE NANC 0 INSURER A:United Fire&Casualty _13021 INSURED BUR83933 INSURER B: Burton Plumbing Services,Inc. INSURER C: 5010 F Street • Omaha,NE 68117 INSURERO: INSURER E: INSURER F: COVERAGES CERTiICATE NUMBER:17(2522111 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSLLIRR suss POLICY�TYPE OF INSURANCE INSD WVO POLICY NUMBER (MMIOWYYYY 1 SIMX lyyYY1 Limns A x COMMERCIAL GENERAL UABRrrY 00473531 3/1/2016 311/2017 H OCCURRENCE $1,000,000 CLAIMS-MADE pi OCCUR PREMIS occurr} PREMISESS(Ea amvnoe) $250,000 X 1000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENL AGGREGATE UMIT APPLIES PER GENERAL AGGREGATE $2,000,000 X POLICY l -1 JEC� t "I LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE UABILITY 60473531 3/1/2016 3/1/2017 COMBINED SINGLE LIMIT $ (Ea acciden0 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL AWNED SCHEDULEDAutos BODILY INJURY(Per accident) $ X HIRED AUTOS X AUTOS TN--OWNED PROPERTY DAMAGE $ �AUTOS (Per accident) $ A X UMBRELLA LIAB X OCCUR 60473531 3/1/2015 3/1/2017 EACH OCCURRENCE $5,000,000 EXCESS UAB CLAIMS MADE AGGREGATE $5,000,000 DEO X RETENTION$0 $ A WORKERS COMPENSATION 60473531 3/1/2016 3/1/2017 X Mom EMPLOYERS'LIABILITY STATURE _ ER Y 1 N ANY PROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT $500,000 OFFICERIMEMBER EXCLUDED? N I A (Mandatory In NH) EL DISEASE-EA EMPLOYEE$500,000 ff yes desalbe under DESCRIPTION OF OPERATIONS below El.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,AddlIlonal Remarks Schedule,stay he attached I more apace Is required) The City of Omaha is an Additional Insured on the General Liability.If required by written contract executed prior to loss,with respect to the operations of the insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Omaha ACCORDANCE WITH THE POLICY PROVISIONS. 1819 Famam St, Omaha NE 68183 AUTHORISED REPRESENTA1WE 114t"%a ®1988-2014 ACORD CORPORATION. AN rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Bid Form(Rev.01-2016) SECTION 00210 DOUGLAS COUNTY REQUEST FOR BID AND BID SHEET ON: CITY OF OMAHA MILLER PARK WATER SERVICE REPLACEMENT-REBID NOT AN ORDER I Page 4 of 4 Pages Responsible Contractor Compliance Form RC-1 I ( 'l•'.• • ,, R t' I f. ti q FtiY , 1. Regulations: 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, 111 shall fll out completely a Responsible Contractor Compliance Form(RC-1). An incomplete or unsigned RC-1 form will make your bid null and void. 111 2. Filing this Report(please initial in the boxes below): 1 �#Contractor agrees that Contractor will not knowingly employ or hire an employee not lawfully authorized to perform ployment in the United States and that the Contractor and all sub-contractors shall use E-Verify to determine work ligibility. I Contractor agrees that Contractor will not knowingly violate Nebraska's Misclassification of Employee law(Neb.Rev. tat.Section 48-2901 et seq.). I i '�Contractor agrees that Contractor will not knowingly violate Nebraska's Fair Labor Standards Law(Neb.Rev. Stat. ection 73-104 et seq.). I Contractor has not been convicted of any tax violations(local,State and Federal)within the last three years from the date — is bid is submitted. , Contractor has not,upon final determination by the Occupational Safety and Health Administration,been convicted of a — inal,repeat,or willful violation of the Occupational Safety and Health Act(OSHA)or been conicted of 3(three)separate "serious"OSHA violations within the past three(3)years. Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the ovisions of th e nsible Contractor Compliance Form RC-1. I..tore a e /7/..____ By signing,I verify on behalf of the Contractor that the information above is true and correct Filing false information carries a penally of up to a S500 fme 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. or w y tVq g ss gF hay 52 W MJ N ° i b0 45 ' >, b y E o,00 3 ? — o.t .c j ll ° 0 CS O ...aw V .y+ H 'n CY V) 0 *.;.i •+ N t" id C g E cG i .1 7 i 43,9 ' y us. H El 6.. G d GOi O 4 ° Oy .4 .5 . , E ., 0 .6 id 0. a e gg .p ..,,, ..i 1 wx 42Ian 0.i o_. c °�' ° c � Z o E� C ItM G O di U .o O C 0 E C nv .CJ V1 o a• a� o �' ' s5 �i' q Q H al w"� 5d� ^ a o . 5. 8 cc E z .1 of 0 , ,s ►•� , mow _ ° � � , • PA HIn 5 � o ' Q ° gib r.u L.Lt w. ° a'i t r `" id a chi +-• U -a = g �y 0 1�•� p7 1 1 ! I1! 1 6, 4., cc A H .t, t a. 3 ;, g w ° • cc ca: Y o „�E, w a H t� �, u- r$J; CO O 0 Qw W 'p •fly d0 V. 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F Ei A V G wU,'Yi.:=. t S • -g , W as a o -Z uo v ti lts z a 4-4 Ha a E -oo . A I Page -2- Honorable President and Members of the City Council Respectfully submitted, ‘SAAky d 6- /6 Brook Benc , Director Date Parks, Recreation, and Public Property Department Approved as to Funding: Approved: Steph . Curtiss # "6 Spe cer K. Danner, Jr. Date Finance Director ix,)(t,' Human Rights and Relations D' ector Referred to City Council for Consideration: Mayor's Office/Title Date p:2250kja SECTION 00300 AGREEMENT This AGREEMENT made and entered into in quadruplicate, as of this Ad day of , 2016 by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, party of the first part and hereinafter called "OWNER", and Burton Plumbing Services, Inc. with principal place of business at: 5010 F Street, Omaha,Nebraska,68117, hereinafter called"CONTRACTOR": WHEREAS, said Contractor did, under date of April 20, 2016 submit a proposal to construct as outlined in the proposal "Miller Park Water Service Replacement- Rebid" or the City of Omaha,for sum of Eighty Nine Thousand Four Hundred Forty Eight Dollars and Fifty Nine Cents ($89,448.59), 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. 7`/ adopted Y, 70,2 .0/-0/6 ,by the City Council of the City of Omaha: NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto that: a. The above referred to plans, specifications and addenda, are expressly made a part hereof the same as though fully set forth herein. b. The Resolution of Owner ordering or authorizing the construction of the aforesaid "Miller Park Water Service Replacement - Rebid", 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 "Miller Park Water Service Replacement- Rebid" 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 Miller Park,6100 N 24th Street,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 "Miller Park Water Service Replacement-Rebid" in accordance with the aforesaid plans,specifications and addenda,and agrees to do so for the sum of$89,448.59. e. Owner agrees to pay Contractor said amount of $89,448.59, 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, Pat Slaven, ASLA, Park Planner II 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- Miller Park Water Service Replacement—Rebid Agreement 00300-1 3977; Fax: 402-444-4921; email: pat.slavenna,cityofomaha.orq 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 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 Performance, Payment and Maintenance Bond in an amount at least equal to one hundred percent (100%) 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 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, Miller Park Water Service Replacement—Rebid Agreement 00300-2 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. 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. The bidder agrees that construction will be completed within Sixty (60) Calendar Days after approval of the purchase order for the work by the Omaha City Council and receiving the"Notice to Proceed"from the Park Planner. Miller Park Water Service Replacement—Rebid Agreement 00300-3 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 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 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 Miller Park Water Service Replacement—Rebid Agreement 00300-4 • 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 representative duly authorized agents, hereto affix our signatures and seals at Omaha, Nebraska; BURTON PLUMBING SERVICES,INC. CITY OF OMAHA Executed this day of 20 Executed this day of____A , 20ik By: //d/ Vv U (Authori d ,ature) Jean Stothert, Mayor ,, 4/C t'4-V 2.)S ATTEST: (Printed Name) Title: ?to/V J Zra I- Y,1964,46,,c%e"Z ALL--0_,..,„ .A., Wi ness Signature SEAL OF THE CITY APPROVED AS TO FORM: /477 T4A-44i /I /ia City Attorney Miller Park Water Service Replacement-Rebid Agreement 00300-5 BOND NO.2212702 111116 NAS SURETY GROUP PERFORMANCE BOND CONTRACTOR: SURETY: (Name,legal status and address) North American Specialty Insurance Company Burton Plumbing Services,Inc. 475 N.Martingale Road,Suite 850 5010 F Street Schaumburg,IL 60173 Omaha,NE 68117 OWNER: (Name,legal status and address) This document has important legal City of Omaha consequences. Consultation with an 1819 Farnam Street attorney is encouraged with respect to its Omaha,NE 68183 completion or modification. CONSTRUCTION CONTRACT Any singular reference to Contractor, Date:April 26,2016 Surety,Owner or other party shall be considered plural where applicable. Amount: $89,44859 This document combines two separate bonds,a Performance Bond and a Payment Description: Bond,into one form. This is not a single (Name and location) combined Performance and Payment Miller Park Water Service Replacement-Rebid Bond. BOND Date: April 26,2016 (Not earlier than Construction Contract Date) Amount:$89,448.59 Modifications to this Bond: ✓None ❑See Section 16 CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company:Burton Plumbing Se 'ces,Inc. Company: North American Specialty Insurance Company Q l Signature: Signature: Name Name Maura P.Kelly and Title: and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Petformance Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) The Harry A.Koch Co. 14010 FNB Parkway,Suite 300 Omaha,NE 68154 APPROVED AS TO F /1q • izzo, . 4A,4- DEPUTY CITY A ORNEY This Document conforms to the AIA Document A3121 1—2010 1 1. The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this bond,except when applicable to participate in a conference as provided in Section 3. 3. If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten(10) business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. 6. If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. This Document conforms to the AIA Document A312711—2010 2 7. If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. 10.The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. 11.Any proceeding, legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12.Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13.When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, 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. 14.Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 15.If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. This Document conforms to the AIA Document A312T4'—2010 3 16.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 (Co porate Seal) SURETY (Corporate Seal) Company: Company: Signature: Signature: Name and T't : Name and Title: Address Address This Document conforms to the AIA Document A312711—2010 4 BOND NO.2212702 11/0 NAS SURETY GROUP PAYMENT BOND CONTRACTOR: SURETY: (Name,legal status and address) North American Specialty Insurance Company Burton Plumbing Services,Inc. 475 N.Martingale Road,Suite 850 5010 F Street Schaumburg,IL 60173 Omaha,NE 68117 OWNER: This document has important legal (Name,legal status and address) consequences. Consultation with an City of Omaha attomey is encouraged with respect to 1819 Farnam Street its completion or modification. Omaha,NE 68183 Any singular reference to Contractor, CONSTRUCTION CONTRACT Surety,Owner or other party shall be Date: April 26,2016 considered plural where applicable. $89,448.59 This document combines two separate Amount: bonds,a Performance Bond and a Payment Bond,into one form. This is Description: not a single combined Performance (Name and location) and Payment Bond. Miller Park Water Service Replacement-Rebid BOND Date: April 26,2016 (Not earlier than Construction Contract Date) Amount: $89,448.59 Modifications to this Bond: Q✓ None 0 See Section 18 CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company: Burton Plumbing Se ' es,Inc. Company:North American Specialty Insurance Company Signature: Signature: AN Name Name aura P.Kelly and Title. and Title: Attorney-in-Fact (4ny additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party.) The Harry A.Koch Co. 14010 FNB Parkway,Suite 300 Omaha,NE 68154 This Document conforms to the AIA Document A312r"—2010 5 1. The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. 5. The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). 5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety (at the address described in Section 13). 6. If a notice of non-payment required by section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. 7. When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. This Document conforms to the AIA Document A3122"—2010 6 11. The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, 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. 15. Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor,materials or equipment"that part of water,gas,power, light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. This Document conforms to the A1A Document A312111—2010 7 17. If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. 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 (Corporate Seal) SURETY (Corporate Seal) Company: Company: Signature: Signature: -- Name and Tit : Name and Title: Address Address: This Document conforms to the A1A Document A3127m—2010 8 • NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: DAVID A.DOMINIANI,JOAN LEU, MAURA P.KELLY and SHARON K.MURRAY JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED MILLION($100,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." '��G�1A 111/11%�4 usonsuunu ,TY Ate 7• By a<2 � AaPii(/y�E -d? SEAL m_ Steven P.Anderson,Senior Vice President of Washington International Insurance Company 1. SEAL 'Yy_ W 1973 pt: - &Senior Vice President of North American Specialty Insurance Company kt*aøMichael e •n Q'pn A.IItto,Senior Vice President oP ashmgton International Insurance Company ua &Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 3rd day of March ,2015 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 3rd day of March ,20,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A.Ito, Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M KENNY � . �(� V t NOTARY PUBLIC,STATE OF ILLINOIS M.Kenny,Notary Public I MY COMMISSION EXPIRES 1 2/0 412 01 7 I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this Ij(Q day of AP(' t I ,20 j l�. Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company Ac Ro® CERTIFICATE OF LIABILITY INSURANCE DATE(MMloorrnY, `-.----- 3/15/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT The Harry A. Koch Co. AHONN 402-861-7000 FAX P.O. Box 45279 ( a Fxt). (A/C.No): Omaha NE 68145-0279 n DRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:U nited Fire&Casualty 13021 INSURED BUR83933 INSURER B: Burton Plumbing Services, Inc. INSURER C: 5010 F Street Omaha, NE 68117 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1702522111 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLR AUDL SMUT TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POUCY EXP IMMlDDlYYYY) IMMlDD/YYYYI LIMITS A X COMMERCIAL GENERALUABILITY 60473531 3/1/2016 3/1/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $250,000 X 1000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY X 1287 X LOC PRODUCTS-COMP/OP;kW $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 60473531 3/1/2016 3/1/2017 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accident) 1,000,000 BODILY INJURY(Per person) $ — ALL OWNED — SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE _ _ AUTOS (Per accident) $ $ A X UMBRELLA UAB X OCCUR 60473531 3/1/2016 3/1/2017 EACH OCCURRENCE $5,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$0 $ A WORKERS COMPENSATION 60473531 3/1/2016 3/1/2017 AND EMPLOYERS'LIABILITY Y!N X STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE I I N!A E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101,Additonal Remarks Schedule,may be attached If more space Is required) The City of Omaha is an Additional Insured on the General Liability. If required by written contract executed prior to loss,with respect to the operations of the insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Omaha ACCORDANCE WITH THE POLICY PROVISIONS. 1819 Famam St, Omaha NE 68183 AUTHORIZED REPRESENTATIVE ef4,0*T.% ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD C asA CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received April 20, 2016, to furnish all labor and materials necessary for replacement of waterline from the Miller Park Pavilion, 2707 Redick Avenue, for the Public Property Department; and, WHEREAS, Burton Plumbing Services, Inc., submitted the best bid, within bid specifications, attached hereto and made a part hereof, in the total amount of$89,448.59. The work includes, but is not limited to, furnishing labor and materials to replace waterline from the pavilion to tap into the main on Kansas Avenue; and, WHEREAS, Burton Plumbing Services, 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 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 $89,448.59 from Burton Plumbing Services, Inc., to furnish all labor, materials, and equipment necessary for the replacement of the waterline at Miller Park Pavilion, 2707 Redick Avenue, being the best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The work includes, but is not limited to, replacement of existing waterline from the pavilion to tap into main on Kansas Avenue. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in the amount of$89,448.59 shall be paid from the 2010 Capital Improvement Fund No. 13355 and Organization No. 117317, Parks and Cultures Bond, for the 2016 fiscal year. APPROVED AS TO .• it-aA-- Sidi/ DEPU'PY CITY ATTORNEY DA p:225lkja 4%! 14#7 By Councilmember Adopted MAY 2 4 201 7-0 Ciav/seh) City Clerk cr--1 i/G Mayor 9 NO ' / Resolution by Res. that, as recommended by the Mayor, the bid in the total amount of$89,448.59 from Burton Plumbing Services, Inc., to furnish all labor, materials, and equipment necessary for the replacement of the waterline at Miller Park Pavilion. 2707 Redick Avenue, being the best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The work includes, but is not limited to, replacement of existing waterline from the pavilion to tap into main on Kansas Avenue. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in the amount of$89,448.59 shall be paid from the 2010 Capital Improvement Fund No. 13355 and Organization No. 117317, Parks and Cultures Bond, for the 2016 fiscal year. p:2251kja Presented to City Council MAY 2 4 2016 Adopted 7 City Clerk