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Hansen Dr Storm Sewer Imrprovementsx� Contract THIS CONTRACT AND AGREEMENT made and entered into this 29 day of May, 2014 by and between the City of Blair, Nebraska, hereinafter referred to as "Owner ", and Luxa Construction, hereinafter referred to as the "Contractor" WITNESSETH: Contractor, for and in consideration of the sum of $28,880 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 27 day of May, 2014, as follows: Being the Unit Priced Bid in the attached proposal which is a part of this contract. That it is mutually understood and agreed by parties hereto that the Contractor's Bond, the proposal Project Specifications, Special Provisions and all supplemental agreements are a part of this contract. The Contractor expressly warrants that they have no third party to solicit or obtain this contract in their 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 they has nor paid or promised or agreed to pay to any- third person in consideration of such procurement or in compensation for service in connection herewith, any brokerage, commission, or percentage upon the amount to be received by them hereunder, and that they have not, in estimating the contract price determined by them, included any sum by reason of any such brokerage, commission. or percentage; and that all monies payable to the Contractor hereunder are free froin 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.. All work required in carrying out this contract shall be performed under direct supervision of the Owner or its representative in compliance with the laws of the State of Nebraska. Contractor also states that they will comply with Fair Labor Standards in the performance of this contract. . That the Contractor further agrees to supply and pay all just claims for materials, supplies, tools, fuels, lubricants, equipment, rental, machinery insurance premiums and services used or consumed in the construction of the work by them or any of their subcontractors in carrying out the provisions of this contract, and further agrees that the Contractor's Bond shall be held to cover all such claims. That in consideration of the foregoing, the Owner hereby agrees to pay the Contractor promptly the amounts set forth herein subject to the conditions set forth in this contract or any part thereof as herein described. 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 which may be done or any such materials which may be furnished by the Contractor with out such written order first being given shall be at their own risk, cost and expense; and the Contractor hereby convents and agrees that they shall make no claim for compensation for any work so done or any materials so furnished. IN WITNESS WEREOF, the parties hereto have set their hands for the purpose herein expressed to this instrument this 29 day of May, 2014. CITY OF }3LAIR CONTRACTOR Ja es Realph, Mayor ; e ident Attest: ' ��A & Brenda R. Wheeler City Clerk A n , Secr* PROJECT IDENTIFICATION: Name: Hansen Drive Storm Sewer Im rovements , city of Blair, Nebraska JEO Project No.: 140276.00 �CuCtio DATE C O, . �n C NAME OF BIDDER fQ L> THIS BID IS SUBMITTED TO: Attn: Allen Schoemaker, Director of Public Works City of Blair 218 South I e Street Blair, Nebraska 68008 r into an 1.01 The undersigned Bidder proposes m the dding t p perform a I as Agreement with OWNER in the form included specified or indicated inthe Bidding Documend ts conditions of the Bidding Document indicated in this for the prices and within the times Bid and in accordance with the other terms a 2.01 Bidder accepts all of the terms and Advertisement with the disposition of Bid. and Instructions to Bidders, including without limitation those dealing security. The Bid will remain subject to acceptance r 6 ning, or for such longer period of time that Bidder may agree t o in writing request of OWNER 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: er A. Bidder has examined and carefully he e Drece pt of g all which is her data identified in the Bidding Documents, and following Addenda acknowledged. Addendum No. Addendum Date D 6D B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. 004100-1 Issuance 2/1/05 April 4110 C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified below: 1. Plan set consisting of one (1) sheet. E. Bidder has obtained and carefully studied, or assumes responsibility for having done so, all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, 'explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey undorstanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): 004100-2 Issuance 2/1105 April 4/10 9 UNIT PRICE BID SCHEDULE: ITEM NO. QTY. UNIT DESCRIPTION UNIT PRICE TOTAL . GROUP A 1 1 LS Mobilization �l 2 48 LF `RCP Class III Pel ,� �, 0 - 0 — 3 150 LF 24" RCP Class 111 j j 7QQ 4 4 EA NDOR Curb Inlets 12' Opening 5 60 SY Remove and Replace 7" Concrete Pavement �� 6 12 Tons Place City Provided Rock Riprap Class C oo TOTAL GROUP A Each unit price will be deemed to include an amount considered by Bidder to be, adequate to cover Bidder's overhead and profit for each separately identified item. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. 6.01 Bidder agrees that the start date for the Work will be and that the Work will be completed and ready for final payment in acd6rdance with paragraph 14.07.13 of the General conditions within forty -five (45) calendar days. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A A. Required Bid security in the form of a bid bond, certified check or cashier's check payable to the OWNER in the amount of 5% of the total amount bid. ® -B. Experience Record. Or //I tu��`� C O -C. Subcontractor Listing. �OI D. Equipment Assessment Certification 004100-3 Coos a� 6M �Pc°l�l Issuance 2/1/05 / April 4/10 8.01 The terms,used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on /i d-q �lo , 20/'/. —, Name (typed pr printed): ^ - Z2c_11_5_ By: Doing us' ess as: Busin ss ddress: A �. T/1G, Phone E -Mail: FAX No.: (, , �� � 1 b�� S� (C `� � L 'cry c� � / / l C" c v .�06 c j �(v e..� CO 8o A6� &C auOO-ral e-g can - ract 004100-4 Issuance 2/1/05 Anril 4/1 n