2015-08-06 Contract with MTZ Construction-Blair Connector TrailsLetting: 15062501 Project No.: ENH-89(30)
Call: 205
Contract ID: 2549X
THIS CONTRACT AND AGREEMENT, made and entered into this Co day of - iV �t54 20 15— , by
and between the CITY OF BLAIR of the State of Nebraska, hereafter referred to as party of the first part or Owner, and
MTZ CONSTRUCTION, LLC of LINCOLN, NE, party of the second part:
WITNESSETH: That the party of the second part, for and in consideration of the sum of Five Hundred Eleven
Thousand One Hundred Sixty Seven and 71/100 Dollars payable as set forth in the specifications constituting a part of
this contract, hereby agrees to perform in accordance with the plans, specifications, and special provisions therefore, and in the
location designated in the proposal form, the various groups of work, including all items contained in each specified group,
awarded said party of the second part on the 20th day of July, 2015, as follows: being groups numbered GROUP 1,
GROUP 3, GROUP 10 on project number ENH-89(30) in WASHINGTONCounty(ies) in Nebraska as shown in the
schedule of prices bid in the attached proposal which is a part of this contract.
That it is mutually understood and agreed by the parties hereto that the general and detailed plans, the Standard
Specifications for Highway Construction of the Department of Roads of the State of Nebraska, which are on file in the office of
the Department at Lincoln; the contractor's bond; the proposal; all special provisions; and all supplemental agreements are a part
of this contract.
That it is mutually understood and agreed by the parties that federal funds are a part of the financing of this project and that
the parties must meet all laws, specifications, criteria, special provisions and requirements established by the Federal Highway
Administration for the use of federal funds. Therefore, the parties agree that since the federal government has made the State of
Nebraska, Department of Roads its agent for the purposes of overseeing the project for protection of the federal contributions, the
State of Nebraska, Department of Roads shall have the same rights as the Owner and federal government in protection of their
funding.
It is understood and agreed by the parties that the State of Nebraska, Department of Roads is involved in this project only a,,
a conduit and steward of federal and/or state funds. If a dispute arises between the parties they shall seek their remedies against
each other or the federal government and shall hold the State of Nebraska, Department of Roads harmless from suit under this
contract.
The party of the second part expressly warrants that he/she has employed no third person to solicit or obtain this contract in
his/her behalf, or to cause or procure the same to be obtained upon compensation in any way contingent, in whole or in part, upon
such procurement, and that he/she has not paid, or promised or agreed to pay, to any third person in consideration of such
procurement, or in compensation for services in connection herewith, any brokerage, commission, or percentage upon the amount
to be received by him/her hereunder, and that he/she has not, in estimating the contract price demanded by him/her, included any
sum by reason of any such brokerage, commission or percentage, and that all moneys payable to him/her hereunder are free from
obligation to any other person for services rendered, or supposed to have been rendered, in the procurement ofthis contract.
He/She further agrees that any breach of this warranty shall constitute adequate cause for the annulment of this contract by the
party of the first part and that the said party of the first part may retain for its own use, from any sums due or to become due
hereunder, an amount equal to any brokerage, commission, or percentage, so paid or agreed to be paid.
That the party of the second part further agrees to pay all laborers and mechanics for labor that shall be performed and pay
for all material, supplies and equipment which is used or rented in performing the contract, and pay to the Unemployment
Compensation Fund of the State of Nebraska the unemployment contributions and interest due under provisions of the Nebraska
Employment Security Law on wages paid to individuals employed in the performance of this contract.
All work required in carrying out this contract shall be performed in compliance with the laws of the State of Nebraska.
The party of the second part further agrees to perform the work under the supervision of the Owner, The administrator of
the Federal Highway Administration or his/her authorized agent, including the State of Nebraska, Department of Roads shall have
the right at all times, but not the duty, to inspect the work for eligibility for federal funding in accordance with the laws of the
State of Nebraska, and the rules and regulations of the Administrator of the Federal Highway Administration of the United States,
for the purpose of carrying out the provisions of Title 23, United'States Code, as amended and supplemented (Federal Aid
Highway Acts).
That in consideration of the foregoing, the parties understand that when the Owner authorizes payment(s) the Owner will
see that prompt payment is made by the State of Nebraska, Department of Roads on behalf of the Owner and the Federal Highway
Administration of the amounts set forth herein, subject to the conditions set forth in this contract, or any part thereof, as herein
described.
Revised 12-04
Con -20.3
Letting: 15062501 Project No.: ENH-89(30)
Call: 205
Contract ID: 2549X
It is further expressly understood and agreed that time is of the essence to this contract and that failure to complete the work
before the expiration of the time allowance fixed in this contract, or after the expiration of such additional time as may be allowed
by the Owner, would cause loss and expense to the party ofthe first part and such loss and expense would be uncertain in itself
and unsusceptible of certain computation. It also is understood and agreed that failure to comply with this contract, in some
manner other than failure to comply with the fixed time allowance, would cause damage that would be difficult to compute with
certainty. Therefore, the party ofthe second part expressly agrees and promises to pay as reasonable liquidated damages such
liquidated damages as are provided for in this contract. It is further understood and agreed that the Owner shall have the right to
deduct from any moneys due to the party of the second part the amount of liquidated damages caused to be owing by failure to
comply with this contract; or the Owner shall have the right to recover such liquidated damages from the party of the second part,
from the surety, or from both the party of the second part and the surety, or may deduct part of such liquidated damages as are
owing and recover the balance from the party of the second part, the surety, or both the party of the second part and the surety.
It is further understood and agreed that the party of the second part shall not do any work or furnish any materials not
covered and authorized by this contract, unless ordered in writing by the Owner. Any such work may be done or any such
materials which may be furnished by the party of the second part without such written order, first being given, shall be at his/her
own risk, cost and expense; and the party of the second part hereby covenants and agrees that he/she shall make no claim for
compensation for any work so done or any materials so furnished.
IN WITNESS WBEREOF, the parties hereto have set their hands for the purpose herein expressed, to this and one other
instrument(s) of like tenor, this & day of A-. "L� �'( S.+ '20 15—.
CITY
5—
CITY OF BLAIR of the State of Nebraska
Mayor, Chairperson oflheB, ChlefExecutiveOQicer
oar
Party
of the
L -PK \ a U1�
orrstPart
Owner
Attest.
to �t
CltyClerk
MTZ CONSTRUCTION, LLC
Principal (Signature)
Party
of the
�( y�,VC� 1 � i��YlCi� ✓
Second
Part
Principal (Printed Name)
Title
46-3192613
Federal ID9miber
Revised 12-04
Con -20.3
Letting: 15062501
Call: 205
Contract ID: 2549X
Bond No. 2202803
Project No.: ENH-89(30)
CONTRACT BOND
KNOW ALL MEN BY THESE PRESENTS:
That we MTZ CONSTRUCTION, LLC as principal,
and North American Specialty Insurance Company as sureties, are held and firmly bound unto
the CITY OF BLAIR of the State of Nebraska, in the penal sum of $511,167.71 dollars and for the payment of which we do
hereby bind ourselves, our heirs, executors and administrators, jointly, severally, and firmly by these presents.
Date , A.D. 20
The condition of the obligations is such that whereas, the above bounden MTZ CONSTRUCTION, LLC of
LINCOLN, NE, has been awarded by the CITY OF BLAIR, the various groups of work, including all items contained in
each specified group of work being groups numbered: GROUP 1, GROUP 3, GROUP 10 on ProjectNo. ENH-89(30) in
WASHINGTONCounty(ies), Nebraska, copy of which contract together with all of its terms, covenants, conditions and
stipulations is incorporated herein and made a part hereof as fully and amply as if said contract were recited at length herein.
NOW THEREFORE, if said MTZ CONSTRUCTION, LLC as principal shall in all respects fulfill this said contract
according to the terms and the tenor thereof, and shall faithfully discharge the duties and obligations therein assumed, then the
above obligation is to be void and of no effect; otherwise to be and remain in full force and virtue in law.
It is expressly understood and agreed that this bond is given to secure and does secure not only the faithful performance by
the principal herein named of said contract for the construction work as specified in said contract and in strict accordance with the
terms of said contract and the plans, specifications and all special provisions made a part thereof, but that it is given to secure and
does secure also the payment by the said bounden MTZ CONSTRUCTION, LLC of all overpayments made to said
principal by the Department of Roads, on behalf of the Owner, and of all just claims to all laborers and mechanics for labor that
shall be performed, and for the payment of all material, supplies and equipment which is used or rented in performing the
contract, and for the payment of all taxes, including contributions and interest due under the Nebraska Employment Security Law,
which may accrue, pursuant to Sections 77 3103 to 77 3112 or any other provision of law, to the State of Nebraska and the
political subdivisions thereof on account of the execution and performance of this contract, and if such payments be made then
this obligation shall be null and void; otherwise it shall remain in full force and effect.
No contract shall be valid which seeks to limit the time to less than one year in which an action may be brought upon the
bond covering the construction work, and this bond is made, executed and delivered with such understanding.
Signed this 24th day of July , 20 15
MTZ CONSTRUCTION, LLC
Principal (Siranrn)
AQ. ✓
11 Pdnclpol (PrMled Name)
✓roc � d Git7 �
Title
Revised 12-04
Con -20.3
North American Specialty
Tnstirance 'Company
Surety
ANomeyin-Fncr (Signalusc)
Maura P. Kelly ✓
Alromeydn-F"i (Printed Marne)
The Harry A. Koch Co. ✓
Agenc}VBuslnessName
14010 FNB Pkwy., Ste. 300, Omahaw NE 68154
AgencyBasinem Address
402-861-7000
Phone Number
tt'l~"
NaErwkeOe uttneMat
WINE
Purchasing Agent Appointment
and Delegation of Authority for Sales and Use Tax
Name and Address of Subcontractor
FORM
17
PURCHASING AGENT
APPOINTMENT
Street or Other Mailing Address
Name and Address of Prime Contractor
Name and Address of Governmental Unit or Exempt Organization
Name
MTZ CONSTRUCTION, LLC
Name
City of Blair
Street or Other Mailing Address
339 NW 16TH ST
Street or Other Mailing Address
218 South 16th Street
City State Zip Code
LINCOLN, NE 68528-1228
City State
Blair NE
Zip Code
68008
Name and Location of Project
Appointment Information
Name
ENH-89(30) in WASHINGTON COUNTY
Effective Date
x
Street or Other Mailing Address
Expiration Date
5/3112016
City State Zip Code
Nebraska Exemption Number (Exempt Organizations Only
NA
Identity Project ENH-89(30) BLAIR CONNECTOR TRAILS
The undersigned governmental unit or exempt organization appoints the above-named contractor and the contractor's delegated subcontractors as Its
agent to purchase and pay for building materials that will be annexed to real estate by them into the tax exempt construction project staled above.
sign
"SLtJahere ,1G�F.tr R/ �=
Authorized Signatu o ver mental Unit or Exempt Organization Title Da
DELEGATION OF PRIME
CONTRACTOR'S AUTHORITY
Name and Address of Subcontractor
Delegation Information
Name
Effective Date
Street or Other Mailing Address
Expiration Date
City Slate Zip Code
•rw,....,a...�o,...°a ..rs..,e ,.,,,,+r—f— harahv dwtanaiaR authority to act as the
Portion of Project
nurchasina agent of the named governmental unit or exempt organization
to the above-named subcontractor.
sign
here Date
Signature of Prime Contractor or Authorized Representative Title
INSTRUCTIONS
WHO MUST FILE. Any governmental unit or organization that is
exempt from sales and use tax may appoint as its agent a prime
contractor to purchase building materials and/or fixtures that will be
annexed to property that belongs to or will belong to the
governmental unit or exempt organization pursuant to a construction
contract with the governmental unit or exempt organization. The
appointment of the prime contractor as its agent is completed by
issuing a Purchasing Agent Appointment and Delegation of Authority
for Sates and Use Tax, Form 17, to the prime contractor. The Form 17
is required to be given to the contractor BEFORE he or.she annexes
building materials. The governmental unit or exempt organization
must identify the project (e.g., east wing, chapel construction, or new
school auditorium). Most nonprofit organizations are NOT exempt
from sales tax in Nebraska. In addition, not all governmental units are
exempt from Nebraska sales tax. Refer to Contractor Information on
our Web site for additional information on exempt entities.
A contractor can confirm the exempt status of a governmental unit or
exempt organization by contacting the Nebraska Department of
Revenue.
The exemption from the payment of the Nebraska and local option
sales and use taxes only applies if the governmental unit or exempt
organization directly, or through its contractor, pays for the building
materials, IMPORTANT NOTE: When an organization that requires
licensure in order to be exempt (i.e., nonprofit hospitals), but is not
licensed at the time of the construction project, the exempt
organization CANNOT issue either a purchasing agent appointment
or an exemption certificate. If the exempt organization becomes
licensed upon completion of the project, it may apply for a refund of
the tax paid or collected by the contractors.
NDOR www.rovenue.ne.gov, (800) 742-7474 (toll free In NE and IA), (402) 471-5729
6-139.1970 Rev.'4-2009 Supersedes 6.139-1970 Rev. 2.2008
WHEN TO FILE. A prime contractor engaging in a construction
project with a governmental unit or exempt organization must receive
a properly completed and signed Form 17 BEFORE any building
materials are annexed. If Form 17 is not issued, the contractor must
pay the sales and use taxes and the governmental unit or exempt
organization may obtain a refund of the taxes paid by the contractor.
WHERE TO FILE. A copy of the completed form should be
retained by the governmental unit or exempt organization issuing the
Form 17. The original is to be retained by the prime contractor.
Copies of this form must be made by the prime contractor for
delegation purposes to any subcontractors working on the project
identified on this form.
APPOINTMENT INFORMATION.Enter the dates the purchasing
agent appointment will become effective and when it will expire. This
appointment will not allow any purchases without payment of the tax
by the prime contractor or subcontractor before the effective date or
after the expiration date. The dates the delegation becomes effective
and the expiration dates must be completed. The phrase "upon
completion" or similar phrase is not acceptable as an expiration date.
The governmental unit or exempt organization may need to issue
another Form 17 if the project is not completed within the prior
"effective" and "expiration" dates. Exempt organizations must enter
their Nebraska Sales and Use Tax Exemption number.
DELEGATION OF PRIME CONTRACTOR'S AUTHORITY.
The prime contractor may delegate his or her authority to act as the
purchasing agent of the governmental unit or exempt organization to a
subcontractor. The prime contractor must complete his or her copy of
Form 17 for each subcontractor who -is delegated authority to act as a
purchasing agent. Reproductions of this delegation must be provided
to the subcontractor, who must retain a copy for his or her records,
and to the governmental unit or exempt organization.
Enter the dates the delegation of the subcontractor will become
effective, when it will expire, and the portion of the project delegated.
This delegation will not allow any purchases without payment of the
tax by the subcontractor before the delegation date or after the
expiration date. Any further delegation from a subcontractor to
additional subcontractors must be delegated by providing a copy of
the Form 17 that they received from the prime contractor and
attaching it to a separate Form 17 with any further delegation to other
subcontractors. The purchasing agent appointment is limited to the
contractor's purchase of building materials and/or fixtures for the
specific project and is only valid during the appointment dates shown
on the Form 17.
EXEMPT SALE CERTIFICATE. A prime contractor who has been
appointed to act as a purchasing agent by a governmental unit or
exempt organization, and who hires a subcontractor operating as an
Option 1 contractor, must provide to that subcontractor a completed
copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate,
Form 13, with Section C, Part 2, completed. The subcontractor will
retain these forms in his or her records, and will not charge the
contractor sales tax on any portion of the invoice involving the
annexation of materials to the specific project identified on the Form
17. If these forms are not provided to the subcontractor operating
under Option 1, the subcontractor must collect and remit sales tax on
the charge for the separately stated building materials portion of the
invoice. If the Option 1 subcontractor does not separately state the
charge for the building materials from contractor labor, then the entire
charge is taxable to the prime contractor.
Contractors operating under Option 2 (maintaining a tax -paid
inventory) who have been issued a Form 17 from a governmental unit
or an exempt organization, must furnish each vendor a copy of the
Form 17 and a Form 13, completing Section C, Part 2, when
purchasing building materials that will be annexed to real estate.
Forms 13 and 17 must be retained with the vendor's and contractor's
records for audit purposes. A contractor or subcontractor may
reproduce copies of these documents which will be furnished to the
vendors for each invoice or order made by them.
Invoices from vendors for the purchase of building materials by the
contractor as purchasing agent, or the authorized subcontractor, must
clearly identify that such purchase is for the specific Form 17 project.
CREDIT/REFUND OF SALES AND USE TAXA contractor or
subcontractor who has been appointed as a purchasing agent before
any materials are annexed, may withdraw sales or use tax -paid
materials from inventory that will be annexed to real estate or used to
repair property annexed to real estate and receive a credit for the sales
or use tax amount previously paid on those materials.
The contractor or subcontractor may take a credit either against his or
her current tax liability, or file a Claim for Overpayment of Sales and
Use Tax, Form 7, and receive a refund of the sales or use tax paid on
those materials,
TOOLS, EQUIPMENT, AND SUPPLIES. The purchase, rental, or
lease of tools, supplies, or equipment (i.e., scaffolding, barricades,
machinery, etc.) by a contractor for use in the completion of an
exempt project CANNOT be purchased tax free, even if the
contractor has been issued a Form 17. These items do not become
annexed to the real estate.
OPTION I CONTRACTOR ONLY.If an Option 1 contractor is the
only contractor involved in performing work for a governmental unit
or exempt organization, a Form 17 is NOT required. The Option 1
contractor must only obtain a Form 13, Section B, from the exempt
project owner.
PENALTY.Any person who signs this document with the intent to
evade payment of tax is liable for the sales and use tax, interest, and
penalty, and may be found guilty of a misdemeanor.
AUTHORIZED SIGNATURE. The purchasing agent appointment
must be signed by an officer of the exempt organization or proper
government official. The delegation of prime contractor's authority
must be signed by the owner, partner, corporate officer, or other
individual authorized to sign by a power of attorney on file with the
Nebraska Department of Revenue.
NDOR www.revenue.no.gov, (800) 742.7474 (toll free in NE and IA), (402) 471-5729
6-139-1970 Rev. 4.2009 Supersedes 6.139.1970 Rev. 2-2008
oe 2N19& 8r're
yaV °^� STATE OF NEBRASKA
Pete Ricketts DEPARTMENT OF ROADS
Governor Kyle Schneweis, P,.E., Director
1500 Highway 2 * PO Box 94759 * Lincoln NE 68509-4759
Phone (402) 471-4567 * Fax (402) 479-4325 * www.roads.nebraska.gov
July 28, 2015
4057
CITY CLERK
CITY OF BLAIR
218 S 16TH ST
BLAIR, NE 68008-1674
To Whom It May Concern:
We have enclosed the original contract and the Purchasing Agent Appointment for the following Project:
Project(s): ENH-89(30)
Location:
BLAIR CONNECTOR TRAILS
Control No(s):
22549
Letting Date:
6/25/2015
Award Date:
7/20/2015
County(ies):
WASHINGTON
Type of Work:
GROUP 1, GROUP 3, GROUP 10
Please have the Mayor sign the contract and the City Clerk attest to the Mayor's signature as indicated by the red
check marks. Also enclosed is the Purchasing Agent Appointment, please sign and date where indicated. The
effective date on the Purchasing Agent Appointment should be the same date as the date you sign the
Appointment. Return all documents to this office.
SIGNING OF THE ENCLOSED CONTRACT DOES NOT REQUIRE ANOTHER OFFICIAL ACTION BY YOUR
BODY. IT REQUIRES ONLY THE SIGNATURE OF THE PERSON AUTHORIZED BY YOUR BODY TO SIGN THE
CONTRACT.
The Department's legal staff has advised that official action by your body was taken when you approved the
resolution sent to you after the letting. Such duplication in the past has caused substantial time delays in the
execution of the contract.
We will date the contract. After we finish processing the contract documents, a completed copy will be sent to
you for your files.
�� A
Karen McCord
Highway Contracts Technician
Contract Lettings Section
Construction Division
Enclosures
An Equal Opportunity/Affirmative Action Employer