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.