2022-02-01 Cather & Sons - Asphalt OverlaysContract
This contract and agreement made and entered into this February 1, 2022, by and
between the City of Blair ("Owner"), and Cather & Sons Construction ("Contractor").
WITNESSETH: That the Contractor, for and in consideration of the sum of
$355,640.50 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 January
25, 2022, 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
OWNER
By --
Mayor Richard Hansen
ATTEST:
z
Duly Authorized Officer
ATTEST:
City Clerk Secretary
Bid Form
Contractor: Cather and. Sons Construction, Inc
Address: 6400 N 70rh Street, Lincoln, NE 50
Phone: 402-464-2113 Fax: 402-464-6759
® 2" Cold Milling 19,680 SY
Unit Price $4®85/SY Extended Price $95448®00
• Asphalt 2615 Tons
Unit Price $99®50/ton Extended Price $260192050
Total Bid:
Addendum Acknowledgement:
N/A
$355640050
Streets included in this project are as follows:
• Clark Street from Highway 30 to 25th Street
• 16t11 Street from South Street to Butler Street
• Grant Street from City Shop Drive to Washington County Annex Drive
• Fairview Drive from 12t1i to 131h Streets
• Hillcrest Drive from Elm Drive to cul-de-sac
• Lincoln Street 22nd to 23rd Streets
• 2T,d Street Washington to Grant Streets
o 21St Street Colfax to Grant Streets
• Colfax Street 20t11 to 211t Streets
• Elm Street 25th to 231'd Streets
• 11th Street Adams to Fairview Streets
• College Drive from 23rd.to 24th Streets
Date 1/17/2022
Signature _Justin Englander