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2020-06-08 OMNI Engineering-Asphalt StreetsContract This contract and agreement, made and entered into this May 28, 2020, by and between the City of Blair ("Owner"), and Oldcastle Materials Midwest ("Contractor") WITNESSETH: That the Contractor, for and in consideration of the sum of $247,156.25 payable as set forth in this Contract, hereby agrees to perform in accordance with the specifications the various items of work awarded said Contractor on the May 26, 2020, as outlined on the bid form. Final contract price will be determined by actual quantities and their unit prices for the project. That for good and valuable consideration and the mutual promises herein, the parties agree as follows: 1. That it is mutually agreed by the parties hereto, that the Contractor's Bond, the proposal, all project specifications and special provisions, and all supplemental agreements are a part of this Contract and incorporated herein. 2. The Contractor expressly warrants that it has employed no third person to solicit or obtain this Contract in its 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 it 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 it hereunder, and that it has not, in estimating the contract price demanded by it, included any sum by reason of any such brokerage, commission, or percentage, and that all moneys payable to it hereunder are free from obligation of any other person for services rendered, or supposed to have been rendered, in the procurement of this Contract. Contractor further agrees that any breach of this warrant shall constitute adequate cause or the annulment of this Contract by the Owner and that the said Owner 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. 3. All work required in caring out this Contract should be performed in compliance with the laws of the State of Nebraska. 4. Contractor states and agrees that it is complying with and will continue to comply with Fair Labor Standards in the pursuit of its business, and in the execution of this Contract. 5. That Contractor further agrees to pay all just claims for materials. Supplies, tools, fuels, lubricants, equipment, equipment rental, machinery insurance premiums and services used or consumed in the construction of the work by it or any of its sub -contractors, and for the payment of all laborers and mechanics for all; labor performed in the work by it or any of its sub- contractors, and for all other just claims filed against it or any of its sub- contractors in carrying out the provisions of this Contract, and further agrees that the Contractor's Bond shall be held to cover all such claims. 6. The Contractor further agrees to perform the work under the direct supervision of the Owner or its representative and in accordance with the laws of the State of Nebraska. 7. That in consideration of the foregoing, Owner hereby agrees to pay the Contractor promptly the amounts set forth herein, subject to the conditions set for the in this Contract or any part thereof as herein described. 8. It is further understood and agreed that the Contractor 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 Contractor without such written order first being given, shall be at its own risk, cost and expense; and the Contractor hereby covenants and agrees that it shall make no claim for compensation for any work so done or any materials so furnished. 9. This Contract cannot be assigned by Contractor without the prior written consent of the Owner. 10. This Contract shall be binding upon and insure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands, for the purpose herein expressed, to this instrument on the day, month and year set forth above. CITY OF BLAIR NEBRASKA OWNS By Mayor Richard Hansen ATTEST: City Clerk Oidcastle Materials Midwest Co. d/b/a Omni Engineering CONTRACTOR By -Dufy Authorized Officer ATTEST: Bid Form 01dcastle Materials Midwest Co. Contractor: d/b/a Omni Engineering Address: //,61' 'A. zg138 Phone: 4 Fax: 2� • 2" Cold Milling 21,600 SY Unit Price $ / • Asphalt 2375 Tons Extended Price $ 97, gdO,440 Unit Price $ 58, / Extended Price $ 26,9 -6.fd, P -:5 - Total Total Bid: Addendum Acknowledgement: $� � -5-6, 005, Streets included in this project are as follows: • Adams Street from 10th to 13th Streets • Grant Street from East'of RR Crossing one Block East • College Drive from 24th to 27th Streets • 14" Street North of Jackson Street for One Block • Nebraska Street from 14th to 15th Streets • State Street from 10th to 12th Streets • Grant Street 2 Blocks East of 1St Street • 16th Street from Lafayette to Just north of Wilbur Streets • Park Street at 14th Street Intersection South Return only • Jackson Street from 16th Street East 3 Blocks of Gutter Line Removal and Replacement 24 Inches Wide • College View drive from 16th Street to West End of Dam • 25th Street from Washington Street to Just South of Grant Circle Date v /12, 26140 Signat ���y. EXHIBIT A EQUAL OPPORTUNITY CLAUSE During the performance of this contract, the contractor agrees as follows: 1) The contractor shall not discriminate against any employee applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin. The contractor shall 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. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited, whether by 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. 2) 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, sexual orientation, gender identity or national origin, age, disability. 3) The contractor shall send to each representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The contractor shall furnish to the human rights and relations director all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, including the information required by section 10-192 to 10- 194, inclusive, and shall permit reasonable access to his records. Records accessible to the human rights and relations director shall be those which are related to paragraphs (1) through (7) of this subsection and only after reasonable notice is given the contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5) 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 (1) through (7) 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 is necessary to protect the interests of the city and to effectuate these 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 interests of the United States. 6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the contractor in the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the human rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the contractor and his subcontractors. 7) The contractor shall include the provisions of paragraphs (1) through (7) 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.