Loading...
2012 College Dr sewer agreementThis AGREEMENT is made and entered this 1 st day of February 2012, by and between the City of Blair, Nebraska, hereinafter called the Owner, and General Excavating hereinafter called the Contractor, with said Agreement to be effective when approved and executed by the Owner. Whereas the Contractor on the 16th day of January; 2012, did submit proposals to the Owner on certain Plans and Specifications entitled College Drive Sanitary Sewer Improvements City of Blair, Nebraska in the amount of $259,617.37 and copies of which Proposals are hereto attached and made a part hereof, the parties hereto do hereby, in consideration of the mutual covenants hereinafter contained, agree with each other as follows: 1. The Contract Documents including the Instructions to Bidders, Bid Form, City of Omaha Standard Specifications for Public Works Construction, 2003 Edition, General Conditions, Supplemental Specifications, Special Provisions, Agreement, Bonds, Standard Details, Construction Drawings, Addenda and Modifications are a part of this Contract the same as if each had been fully set out and attached hereto. 2. The Contractor agrees to furnish all labor, mechanics for labor, tools, materials, and equipment to complete the construction under this Contract in a good and workmanlike manner in accordance with the Plans and Specifications. 3. The Owner agrees to pay the Contractor in accordance with the provisions of said specifications and the accepted proposal. 4. It is mutually agreed by each party hereto that all provisions of said plans and specifications shall be strictly complied with and conformed to the same as if rewritten herein, and that no substitutions or changes in said plans and specifications shall be made except upon written consent of the Owner, and such allowance shall in no manner be construed to release either party from any specified or implied obligation of said plans and specifications. A -1 D 5. The Contractor shall complete the work under this Contract within the time allotted by the Instructions to Bidders or by an approved extension thereof. If the Contractor shall fail to do so, then the Contractor agrees to pay the Owner as liquidated damages, and not as a penalty, the sum of $1,000.00 for each and every calendar day that the Contractor is in default of substantial completion of the work under this Contract. 6. Progress Payments will be made in accordance with paragraph 14.02 of the GENERAL CONDITIONS with a retainage of 10% of the work completed. S cott F itzg e r a ld, P r es id e n t (Title) ATTEST: (Witness) Executed by Owner: ATTEST: (Witness) (Title) A -2 r. r COMBINED PERFORMANCE PAYMENT AND MAINTENANCE BOND Bond #117571 :General Exgavat ink.,: 6701. CQrn.�i,u sker JJwy KNOW ALL MEN BY THESE PRESENTS: That we, the,undersigne incoln NELa- Principal (herein - after called "Contractor "), and -un dyer sad; ,uret eo an as Surety (hereinafter called Surety), are held and .manly bound unto CAY of .Blair, as Obligee*, - (hereina ter called "O�vnei ') in. the amount of $ a ti � ! 7 for the payment of which sum money we bind ourselves, our heirs, executors,' administrators, si ecessors aft(! m. assigns, jointly severally, and firmly by these presents. WHEREAS, Contractor has written agreement dated - istday of , E eh ru r y 2012, entered into a contract with Owner for the construction of the City of Blair, Nebraska College Drive Sanitary Sever Improvements, which contract is by reference made a part hereof, and is hereinafter referred to as "the Contract", and WHEREAS, Contractor is required to furnish a Performance, Payment and Maintenance Bond in connection with said Contract pursuant to the terms and provisions as set forth herein. NOW, THEREFORE, THE CONDITION OF TILLS OBLIGATION is such that: 1. If Contractor shall in all respects well and truly keep and perform the said Contract on Contractor's part in accordance with the terms and provisions of all the Contract documents comprising said Contract, a nd in the time and manner therein prescribed; and, 2. ii Contractor shall pay persons, u ps or , Yorations hiving cort? acts directly with the contractor, or with subcontractors, all just claims s due them for labor performed, material f u nished, or transportation supplied in the performance of the Contract on account of which this bond is given, when the same are not satisfied out of the portion of the Contract price which the City is required to retain until completion of the Contract (but the contractor and his Sureties shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price have been established as provided by the laws of the State of Nebraska); and, 3. If the Contractor shall beep the following items of construction in good operating condition as intended by their original design and the contract documents: Sanitary S ewe r Pavement For: 2 years which become out of repair due to defects in workmanship or material; then this obligation shall be null and void, otherwise it shall remain in full force and effect PP -1 Page 1/3 of Bond l Every surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent with notice: A. To any extension of time. beyond the contract completion date necessary for the Contractor to perform. the Coifttract. B. To any change i the plans, specif1bations or contract, when such change does not involve an increase of more than twenty- v6 percent of the total contract price, and shall then he released., only to such excess increase. C. That no provision of this Bond or of any other contract shall be valid which limit's to less than five years from time of acceptance of the work the right to sue on this Bond for defects in workmanship or material not discovered or known to the obligee at the time such work-was accepted. IN WITNESS WIMREOF, we have hereunto set our hands and seals this 6th day-of Fehruary ,2012. fitness) X440 O St., Lincoln, NE 68 501 (Address) pPIM -2 Page 2/3 of Bond l UNIV • • POWER OF ATTORNEY KNOW ALL MEN BY TBESE PRESENTS: That the UNIVERSAL SURETY COMPANY, a corporation of the State of Nebraska having its principal office in the City of Lincoln, Nebraska, pursuant to the following Bylaw, which was adopted by the Board of Directors of the said Company on July 23, 1981, to wit: "Article V- Section 6. RESIDENT OFFICERS AND ATTORNEYS-IN-FACT. The President or any Vice President, acting with any Secretary or Assistant Secretary, shall have the authority to appoint Resident Vice Presidents and Attorneys-In-Fact, with the power and authority to sign, execute, acknowledge and deliver on its behalf, as Surety: Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Vice President, acting with any Secretary or Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time." does hereby make, constitute and appoint Robert T. Cirone or James M. King or Suzanne P. Westerholt or Jacob J. Buss, Lincoln, Nebraska its true and lawful Attorneys }in Fact, to make, execute, seal and deliver for and on its behalf, as Surety: Any and all undertakings of suretyship And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Lincoln, Nebraska, in their own persons. The following Resolution was adopted at the Regular Meeting of the Board of Directors of the UNIVERSAL SURETY COMPANY, held on July 23,1981: 'RESOLVED, That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Article V- Section 6 of the Company Bylaws: and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary and facsimile mal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." All authority hereby conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF, UNIVERSAL SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 14th day of November _,20 11 Secretary/Treasurer By State of Nebraska ss. County of Lancaster UNIVERSAL SURETY COMPANY M J4't•' ' � CDRPORAtE 'mss }� SURE ` SURE.,,.. VVVI/�V//iiV//\\\///S/SS P �:• die CORPORATE President SERI .C'HCOCN1. XE8PP5.� On this 14th day of November _ ,20 11 before me personally came Curtis L. Hartter, to me known, who being by me duly sworn, did depose and say that (s)he resides in the County of Lancaster, State of Nebraska; that (s)he is the President of the UNIVERSAL SURETY COMPANY, the corporation described in and which executed the above instrument; that (s)he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that (s)he signed (his) (her) name by like order; and that Bylaw, Article V-Section 6, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. My Commission Expires February 16, 2011. Notary Public I, Cheryl A. Brown, Assistant Secretary of UNIVERSAL SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNIVERSAL SURETY COMPANY, which is still in full force and effect. Signed and sealed at the City of Lincoln, Nebraska this 6 th day of February 20 1 2 Page 3/3 of Bond M J4't•' ' � CDRPORAtE 'mss }� SEAL Assistant Secretary `'��d1ry, NE0FPS0 Page 3/3 of Bond City of Blair City Clerk 218S . 16'' Street Blair, Nebraska 68008 Project: City of Blair College Drive Sanitary Sewer Improvements Blair, Nebraska HGM Project No. 703 011 Major items of work for this project include the following approximate quantities: P GAProjects \703011 College Dr Sanitary Sewer \Clerical \Specifications \703011 BID FORM (Blair)•doc BF -1 ESTIMATED UNIT TOTAL No. DESCRIPTION QUANTITY COST COST 1 Remove Pavement 664 SY I q, VQ CC 2 Remove Driveway 329 SY • C ) 3 Remove Sidewalk 1,940 SF � ? F 'fi W -r U. 01 fuut i iv�an� � 0 I a � �n t�> pr e. ` d (� �*'b �• &C" 5 Construct Concrete Pavement – Type L65 669 SY TT CV i - tv 6 Construct 5" Concrete Driveway – Type L65 326 SY VV Vt,, 7 Construct 4" Concrete Sidewalk 2,215 SF° G -•.�� a �.� " 8 Construct Curb Ramp w/ Detectable Warnings 563 SF - 7.: C) 9 Saw Cut – Full Depth 716 LF V• R� 3 2 .� •f t; 10 3" Crushed Rock Stabilization Bedding 15 TN ,3C? VQ 06; 11 10" Pipe Bedding 1 LF 12 8" Pipe 45 LFl. 13 Construct 10" PVC Sanitary Sewer Pie 1,086 LF 14 Construct 8" PVC Sanitary Sewer Pipe 45 LF .� `� �, cc) 15 Construct 6" PVC Sanitary Sewer Pie 344 LF • .Cc 16 Horizontal Directional Drill 10" PVC Sanitary Sewer Pie 495 LF - 7s - - 6)v • P 17 10" x 6" Sanitary Wye 13 EA c 18 Construct 54" I.D. Sanity Manhole 60.84 VF �� � ILI' 19 Construct 54" I.D. Sanitary Manhole over Existing 8" Sewer 47.19 VF%' f 20 External Frame Seal 9 EA — ucu '° ► . ;.fin 21 Tap Existing Manhole with Concrete Collar 5 EA `�, �jC)� 22 Construct 8" Plug 25 EA ' l ", C4 23 Construct 6" Plug 13 EA _ ' „�� 77'a a, 24 Silt Fence 100 LF ° 25 Tubular Curb Inlet Filter 128 LF I a) GAProjects \703011 College Dr Sanitary Sewer \Clerical \Specifications \703011 BID FORM (Blair)•doc BF -1 Each proposal shall be accompanied by a certified check, bid bond by a surety company registered to do business in the State of Nebraska, or a certified share draft drawn on a credit union in Nebraska or chartered under the laws of the United States in the amount of five percent (5 %) of the total bid price and made payable to the City'of Blair. No bidder may withdraw their proposal within 30 days after the bid opening. The successful bidder will be required to furnish satisfactory performance and payment bonds in the amount of one- hundred percent (100 %) of the total bid price, a certificate of insurance and a certificate of equal employment opportunity and comply with minimum wage provisions as established by the U.S. Department of Labor. The City of Blair reserves the right to reject or accept any or all bids and waive any irregularities in the interest of the City. The undersigned bidder states that this Bid is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his bid and the Contract Documents prepared by HGM Associates Inc., the provisions of the latter shall prevail. t jects \703011_College Dr Sanitary Sewer \Clerical \Specifications \703011 BID FORM (Blair).doc BF -2 ESTIMATED UNIT TOTAL No. DESCRIPTION QUANTITY COST COST 26 Perform Television Inspection 1,131 LF `� �- e 27 Sodding w/ 2 Weeks of Watering & Maintenance 1,670 SY.: 28 Traffic Control & Barricading 1 LS � .1. 4 TOTAL Each proposal shall be accompanied by a certified check, bid bond by a surety company registered to do business in the State of Nebraska, or a certified share draft drawn on a credit union in Nebraska or chartered under the laws of the United States in the amount of five percent (5 %) of the total bid price and made payable to the City'of Blair. No bidder may withdraw their proposal within 30 days after the bid opening. The successful bidder will be required to furnish satisfactory performance and payment bonds in the amount of one- hundred percent (100 %) of the total bid price, a certificate of insurance and a certificate of equal employment opportunity and comply with minimum wage provisions as established by the U.S. Department of Labor. The City of Blair reserves the right to reject or accept any or all bids and waive any irregularities in the interest of the City. The undersigned bidder states that this Bid is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his bid and the Contract Documents prepared by HGM Associates Inc., the provisions of the latter shall prevail. t jects \703011_College Dr Sanitary Sewer \Clerical \Specifications \703011 BID FORM (Blair).doc BF -2 The undersigned have carefully examined the plans, specifications and contract documents, including addenda rki/A • and hereby agrees to enter into a contract within 15 days of award by the City Council; and hereby agrees the enclosed Bid Security will be forfeited to the City of Blair as liquidated damages for failure to enter a contract as specified; and hereby proposes to furnish all labor, material and equipment required to perform the work according to the schedule of approximate quantities for the unit prices shown. BIDDER: General Excavating (Legal name of corporation, partnership or sole proprietorship) BY: Scott Fitzgerald (Name typed or printed) . /13/2012 (Signature) (Date) President TITLE: (Corporate office held, partner or sole owner) ADDRESS: 6701 Cornhusker Hwy Lincoln, NE 68507 TELEPHONE: ( 404 467 --1627 GAProjects \703011 College Dr Sanitary Sewer \Cleri6 al \Specifications \703011 BID FORM (Blair). doe BF -3 Client #: 33138 GENER6 A COR M CERTIFICATE OF LIAMUTY INSURANCE DATE. {MMIDD /YYYY} 2!1712012 THIS CERTIFICATE 1$ ISSUED AS A MATTER OF INFORMATION ONLY AND. CONFERS' NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT .ATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BEIWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND 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 condifions of the policy, certain policies may require ari eridorsement. A statement on this certif cats does not Confer rights to the certificate holder in lieu of such endorsement(§). PROOtcER. INSPRO lnsuearioe P.O. k3pX $$47 Lin C OIrI ; NE 6$506 402 483 -4500 coNYACT NAME: TOnya Wagner RHOJJE ' FAX Al .Na Ext 402- 4$.3;45a�0� tv.C; No �: 402.483 -7977 E -MAIL t wa ner ^ ms CO Ins. ADDRESS: �.:... . p. . •. C am INSURERS) AFFOR COVERAGE NAIC # I E mplo y ers Mutual Insurance 21415 INSURED General Excavating Company 6761 Cornhusker Hwy Lincoln, NE 68507 I NSU RER D Endurance American Specialty In EACH OCCURRENCE INSURERC X INSURER 0: $1 00,000. INSURER E: IVIED EXP (Any one person) INSURER F:. X PERSONAL &ADV INJURY COVERAGES CERTIFICATE.NUMBER: REVIS16N 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 OA 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 SEEN REDUCED BY PAID CLAIMS. INSR L'I'R TYPE OF INSURANCE DDL INSR SUER WVD POLICY NUMBER POLICY EFF MMIDD/YY - POLICY EXP MMIDDIYY LIMITS A GENERAL, LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE. a OCCUR PD Ded O, Oaa 1X4477412 7/0112011 07101/2012 EACH OCCURRENCE $1,000, X DAMAGE TO RENTED PREMISES Ea occurrence $1 00,000. IVIED EXP (Any one person) $5, 000 X PERSONAL &ADV INJURY '$1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE. LIMIT AI?PLIES PER: POLICY X JE 0 LOC PRODUCTS - COMP /OP AGG s2,000,0.00.. $ A AUTOMOBILE LIABILITY X ANYAUTp ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTflS .X NON -OWNED AUTOS 1X4477412 710112011 0710112 01 COMBINED SINGLE LIMIT Ea'accident 1,000 BODILY INJURY {Pergeison) $ BODILY INJURY {Per accident} $ PROPERTY DAMAGE Per accident $ $ A X UMBRELLA. LIAB EXCESS LIAR OCCUR CLAIMS -MADE 1X4477412 7/0112011 07/01/201 EACH OCCURRENCE $10,000,000 AGGREGATE $1 6, 0 60,000, DED I X RETENTION $10000 $ WORKERS COMPENSATION AND-EMPLOYERS'LIABILIT.Y. YIN ANY PROPRIETORIPARTNERIEXEGUTIVE(�,� OFFICER/MEMBER EXCLUDED? U (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 2X0761112 7/0112011 07101 /201 X • W RSTATU- OTH- E.L. EACH ACCIDENT $s0O 000 E.L. DISEASE - EA EMPLOYEE $500, E.L. DISEASE - POLICY LIMIT $506,000 B Pollution Liab ECCIO100160903 7101/2011 07101/201 Limit: $1,600,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Blair is listed as Additional Insured with regards to General Liability. CERTIFICATE HOLDER CANCELLATION City Of Blair 218 S 10tH Blair, NE 6$008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES bE CANCELLED BEFORE TI4E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED iN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ��-.rs I �• Z-LT ©1988 -2010 ACORD CORPORATION. All rights reserved. 010105) 1 of 1 The ACORD name and logo are registered marks of ACORD - )85/M321512 LTS