3rd & Jackson St-LuxaLetting: 14111301 Project No.: URB- 6462(1)
i
Call: 200
r
Contract ID: 2507X
NEBRASKA
LOCAL PUBLIC AGENCY
CONTRACT AND BOND
CONTRACT
THIS CONTRACT AND AGREEMENT, made and entered into this day of 20
by and between the CITY OF BLAIR of the State of Nebraska, hereafter referred to as party of the first part or Owner, and
LUXA CONSTRUCTION COMPANY, INCORPORATED of BLAIR, NE, party of the second part:
WITNESSETH: That the party of the second part, for and in consideration of the sum of ONE MILLION, TWO
HUNDRED NINETY FIVE THOUSAND, THREE HUNDRED SEVENTY SEVEN AND 78/100 DOLLARS
payable as set forth in the specifications constituting a part of this contract, hereby agrees to perform in accordance with the
plans, specifications, and special provisions therefore, and in the location designated in the proposal form, the various groups of
work, including all items contained in each specified group, awarded said party of the second part on the 9th day of
December, 2014, as follows: being groups numbered GROUP 1, GROUP 3, GROUP 4, GROUP 4A, GROUP 7,
GROUP 10 on project number URB- 6462(1) in WASHINGTON County(ies) in Nebraska as shown in the schedule of
prices bid in the attached proposal which is a part of this contract.
That it is mutually understood and agreed by the parties hereto that the general and detailed plans, the Standard
Specifications for Highway Construction of the Department of Roads of the State of Nebraska, which are on file in the office of
the Department at Lincoln; the contractor's bond; the proposal; all special provisions; and all supplemental agreements are a part
of this contract.
That it is mutually understood and agreed by the parties that federal funds are a part of the financing of this project and
that the parties must meet all laws, specifications, criteria, special provisions and requirements established by the Federal
Highway Administration for the use of federal funds. Therefore, the parties agree that since the federal government has made the
State of Nebraska, Department of Roads its agent for the purposes of overseeing the project for protection of the federal
contributions, the State of Nebraska, Department of Roads shall have the same rights as the Owner and federal government in
protection of their funding.
It is understood and agreed by the parties that the State of Nebraska, Department of Roads is involved in this project
only as a conduit and steward of federal and/or state funds. If a dispute arises between the parties they shall seek their remedies
against each other or the federal government and shall hold the State of Nebraska, Department of Roads harmless from suit under
this contract.
The party of the second part expressly warrants that he /she has employed no third person to solicit or obtain this
contract in his/her 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 he /she 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 him/her hereunder, and that he /she has not, in estimating the contract price demanded by him/her,
included any sum by reason of any such brokerage, commission or percentage, and that all moneys payable to him/her hereunder
are free from obligation to any other person for services rendered, or supposed to have been rendered, in the procurement of this
contract. He /She further agrees that any breach of this warranty shall constitute adequate cause for the annulment of this contract
by the party of the first part and that the said party of the first part 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.
That the party of the second part further agrees to pay all laborers and mechanics for labor that shall be performed and
pay for all material, supplies and equipment which is used or rented in performing the contract, and pay to the Unemployment
Compensation Fund of the State of Nebraska the unemployment contributions and interest due under provisions of the Nebraska
Employment Security Law on wages paid to individuals employed in the performance of this contract.
All work required in carrying out this contract shall be performed in compliance with the laws of the State of Nebraska.
The party of the second part further agrees to perform the work under the supervision of the Owner. The administrator
of the Federal Highway Administration or his/her authorized agent, including the State of Nebraska, Department of Roads shall
have the right at all times, but not the duty, to inspect the work for eligibility for federal funding in accordance with the laws of
the State of Nebraska, and the rules and regulations of the Administrator of the Federal Highway Administration of the United
States, for the purpose of carrying out the provisions of Title 23, United States Code, as amended and supplemented (Federal Aid
Highway Acts).
Revised 10-09
Con -20.3
Letting: 14111301 Project No.: URB- 6462(1)
Call: 200
Contract ID: 2507X
That in consideration of the foregoing, the parties understand that when the Owner authorizes payment(s) the Owner
will see that prompt payment is made by the State of Nebraska, Department of Roads on behalf of the Owner and the Federal
Highway Administration of the amounts set forth herein, subject to the conditions set forth in this contract, or any part thereof, as
herein described.
It is further expressly understood and agreed that time is of the essence to this contract and that failure to complete the
work before the expiration of the time allowance fixed in this contract, or after the expiration of such additional time as may be
allowed by the Owner, would cause loss and expense to the party of the first part and such loss and expense would be uncertain
in itself and unsusceptible of certain computation. It also is understood and agreed that failure to comply with this contract, in
some manner other than failure to comply with the fixed time allowance, would cause damage that would be difficult to compute
with certainty. Therefore, the party of the second part expressly agrees and promises to pay as reasonable liquidated damages
such liquidated damages as are provided for in this contract. It is further understood and agreed that the Owner shall have the
right to deduct from any moneys due to the party of the second part the amount of liquidated damages caused to be owing by
failure to comply with this contract; or the Owner shall have the right to recover such liquidated damages from the party of the
second part, from the surety, or from both the party of the second part and the surety, or may deduct part of such liquidated
damages as are owing and recover the balance from the party of the second part, the surety, or both the party of the second part
and the surety.
It is further understood and agreed that the party of the second part 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 party of the second part without such.written order, first being given, shall be at his /her
own risk, cost and expense; and the party of the second part hereby covenants and agrees that he /she shall make no claim for
compensation for any work so done or any materials so furnished.
IN WITNESS WHEREOF, the parties hereto have set their hands for the purpose herein expressed, to this and one
other instrument(s) of like tenor, this day of 1 20
CITY OF BLAIR
Officer
Party
of the
First Part
or Owner
LUXA CONSTRUCTION COMPANY, INCORPORATED
Clerk
L-'- Principal (Signature)
Party
/ of the
Second
Principal (PnnledName) Part
t/
47- 065 -4257
Federal In Number
Revised 10 -09
Con -20
13ond #HGM- 10—A15 -0150
Letting: 14111301 Project No.: URB- 6462(1)
Call: 200
Contract ID: 2507X
KNOW ALL MEN BY THESE PRESENTS:
That we LUXA CONSTRUCTION COMPANY, INCORPORATED as principal,
and Hudson Insurance Company as sureties, are held and firmly bound
unto the CITY OF BLAIR of the State of Nebraska, in the penal sum of $1,295,377.75 dollars and for the payment of which
we do hereby bind ourselves, our heirs, executors and administrators, jointly, severally, and firmly by these presents.
Date , A.D. 20
The condition of the obligations is such that whereas, the above bounden LUXA CONSTRUCTION
COMPANY, INCORPORATED of BLAIR, NE has been awarded by the CITY OF BLAIR, the various groups of
work, including all items contained in each specified group of work being groups numbered: GROUP 1, GROUP 3,
GROUP 4, GROUP 4A, GROUP 7, GROUP 10 on Project No. URB- 6462(1) in WASHINGTON County(ies),
Nebraska, copy of which contract together with all of its terms, covenants, conditions and stipulations is incorporated herein and
made a part hereof as fully and amply as if said contract were recited at length herein.
NOW THEREFORE, if said LUXA CONSTRUCTION COMPANY, INCORPORATED as principal shall in
all respects fulfill this said contract according to the terms and the tenor thereof, and shall faithfully discharge the duties and
obligations therein assumed, then the above obligation is to be void and of no effect; otherwise to be and remain in full force and
virtue in law.
It is expressly understood and agreed that this bond is given to secure and does secure not only the faithful performance
by the principal herein named of said contract for the construction work as specified in said contract and in strict accordance with
the terms of said contract and the plans, specifications and all special provisions made a part thereof, but that it is given to secure
and does secure also the payment by the said bounden LUXA CONSTRUCTION COMPANY, INCORPORATED of
all overpayments made to said principal by the Department of Roads, on behalf of the Owner, and of all just claims to all laborers
and mechanics for labor that shall be performed, and for the payment of all material, supplies and equipment which is used or
rented in performing the contract, and for the payment of all taxes, including contributions and interest due under the Nebraska
Employment Security Law, which may accrue, pursuant to Sections 77 -3103 to 77 -3112 or any other provision of law, to the
State of Nebraska and the political subdivisions thereof on account of the execution and performance of this contract, and if such
payments be made then this obligation shall be null and void; otherwise it shall remain in full force and effect.
No contract shall be valid which seeks to limit the time to less than one year in which an action may be brought upon
the bond covering the construction work, and this bond is made, executed and delivered with such understanding.
Ageney/BnsinessName
Title I l44n (n 4t T i ne-al n NF L85] 0 ✓
AgencyBusiness Address
402- -475 -7700 y
Phone Number
Revised 10 -09
Con -20.3
Identify Project
URB- 6462(1) JACKSON ST., 3RD -RIVER RD., BLAIR
The undersigned governmental unit or exempt organization appoints the above -named contractor and the contractor's delegated subcontractors as its,
agent to purchase and pay for building materials that will be annexed to real estate by them into the tax exempt construction project stated above.
sign
here . �� �{� SU r 12-1 2 X flllq
C Authr1I Signat re of ovemmental Unit or Exempt Organization Title Date
DELEGATION OF PRIME CONTRACTOR'S AUTHORITY
Name and Address of Subcontractor
Delegation Information
Nebraska 0sp�entof
Purchas i
FORM
REVENUE
City State Zip Code
Portion of Project
and Delegation of Authority for Sales and Use Tax
1 7
PURCHASING AGENT APPOINTMENT
Name and Address of Prime Contractor
Name and Address of Governmental Unit or Exempt Organization
Name
Name
LUXA CONSTRUCTION COMPANY,
City of Blair
INCORPORATED
Street or Other Mailing Address
Street or Other Mailing Address
925 EAST DIXON ROAD
218 S 16 St
City State Zip Code
City State Zip Code
BLAIR NE 68008 -0105
Blair NE 68008 -1674
Name and Location of Project
Appointment Information
Name
Effective Date
URB- 6462(1) in WASHINGTON COUNTY
2 2 jr X
Street or Other Mailing Address
Expiration Date
5/31/2016
City State Zip Code
Nebraska Exemption Number (Exempt Organizations Only).
NA
Identify Project
URB- 6462(1) JACKSON ST., 3RD -RIVER RD., BLAIR
The undersigned governmental unit or exempt organization appoints the above -named contractor and the contractor's delegated subcontractors as its,
agent to purchase and pay for building materials that will be annexed to real estate by them into the tax exempt construction project stated above.
sign
here . �� �{� SU r 12-1 2 X flllq
C Authr1I Signat re of ovemmental Unit or Exempt Organization Title Date
DELEGATION OF PRIME CONTRACTOR'S AUTHORITY
Name and Address of Subcontractor
Delegation Information
Name
Effective Date
Street or Other Mailing Address
Expiration Date
City State Zip Code
Portion of Project
The undersigned prime contractor hereby delegates authority to act as the purchasing agent of the named governmental unit or exempt organization
to the above -named subcontractor.
sign
here
Signature of Prime Contractor or Authorized Representative Title
INSTRUCTIONS
WHO MUST FILE. Any governmental unit or organization that is
exempt from sales and use tax may appoint as its agent a prime
contractor to purchase building materials and/or fixtures that will be
annexed to property that belongs to or will belong to the
governmental unit or exempt organization pursuant to a construction
contract with the governmental unit or exempt organization. The
appointment of the prime contractor as its agent is completed by
issuing a Purchasing Agent Appointment and Delegation of Authority
for Sales and Use Tax, Form 17, to the prime contractor. The Form
17 is required to be given to the contractor BEFORE he or she
annexes building materials. The governmental unit or exempt
organization must identify the project (e.g., east wing, chapel
construction, or new school auditorium). Most nonprofit
organizations are NOT exempt from sales tax in Nebraska. In
addition, not all governmental units are exempt from Nebraska sales
Date
tax. Refer to Contractor Information on our Web site for additional
information on exempt entities. A contractor can confirm the exempt
status of a governmental unit or exempt organization by contacting
the Nebraska Department of Revenue.
The exemption from the payment of the Nebraska and local option
sales and use taxes only applies if the governmental unit or exempt
organization directly, or through its contractor, pays for the building
materials. IMPORTANT NOTE: When an organization that
requires licensure in order to be exempt (i.e., nonprofit hospitals), but
is not licensed at the time of the construction project, the exempt
organization CANNOT issue either a purchasing agent appointment
or an exemption certificate. If the exempt organization becomes
NDOR www.rovenue.ne.gov, (800) 742 -7474 (toll free in NE and IA), (402) 471 -5729
6- 139 -1970 Rev. 4 -2009 Supersedes 6- 139 -1970 Rev. 2 -2008
9fiQ0 96ES 0000 OZfiO 220E
aoo r
Ne Departmerrtof
Purchas App ointmen t
FORM
REVENUE
and Delegation of Authority for Sales and Use Tax
'('T
PURCHASING AGENT APPOINTMENT
Name and Address of Prime Contractor
Name and Address of Governmental Unit or Exempt Organization
Name
Name
LUXA CONSTRUCTION COMPANY,
City of Blair
INCORPORATED
Street or Other Mailing Address
Street or Other Mailing Address
925 EAST DIXON ROAD
218 S 16 St
City State Zip Code
City State Zip Code
BLAIR NE 68008 -0105
Blair NE 68008 -1674
Name and Location of Project
Appointment Information
Name
Effective Date
URB- 6462(1) in WASHINGTON COUNTY
1 2-/ Z x
Street or Other Mailing Address
Expiration Date
5/31/2016
City State Zip Code
Nebraska Exemption Number (Exempt Organizations Only).
NA
Identify Project
URB- 6462(1) JACKSON ST., 3RD -RIVER RD., BLA
The undersigned governmental unit or exempt organization appoints the above -named contractor and the contractors delegated subcontractors as its,
agent to purchase and pay for building materials that will be annexed to real estate by them into the tax exempt construction project stated above.
sign �� ►V��SU.�"� � � x
here
Authorized Signat re of overnmental Unit or Exempt Organization Title Date
DELEGATION OF PRIME CONTRACTOR'S AUTHORITY
Name and Address of Subcontractor
Delegation Information
Name
Effective Date
Street or Other Mailing Address
Expiration Date
City State Zip Code
Portion of Project
The undersigned prime contractor hereby delegates authority to act as the purchasing agent of the named governmental unit or exempt organization
to the above -named subcontractor.
sign
here
Signature of Prime Contractor or Authorized Representative Title
INSTRUCTIONS
WHO MUST FILE. Any governmental unit or organization that is
exempt from sales and use tax may appoint as its agent a prime
contractor to purchase building materials and/or fixtures that will be
annexed to property that belongs to or will belong to the
governmental unit or exempt organization pursuant to a construction
contract with the governmental unit or exempt organization. The
appointment of the prime contractor as its agent is completed by
issuing a Purchasing Agent Appointment and Delegation of Authority
for Sales and Use Tax, Form 17, to the prime contractor. The Form
17 is required to be given to the contractor BEFORE he or she
annexes building materials. The governmental unit or exempt
organization must identify the project (e.g., east wing, chapel
construction, or new school auditorium). Most nonprofit
organizations are NOT exempt from sales tax in Nebraska. In
addition, not all governmental units are exempt from Nebraska sales
Date
tax. Refer to Contractor Information on our Web site for additional
information on exempt entities. A contractor can confirin the exempt
status of a governmental unit or exempt organization by contacting
the Nebraska Department of Revenue.
The exemption from the payment of the Nebraska and local option
sales and use taxes only applies if the governmental unit or exempt
organization directly, or through its contractor, pays for the building
materials. IMPORTANT NOTE: When an organization that
requires licensure in order to be exempt (i.e., nonprofit hospitals), but
is not licensed at the time of the construction project, the exempt
organization CANNOT issue either a purchasing agent appointment
or an exemption certificate. If the exempt organization becomes
NDOR www.revenue.ne.gov, (800) 742 -7474 (toll free in NE and IA), (402) 471 -5729
6- 139 -1970 Rev. 4 -2009 Supersedes 6- 139 -1970 Rev. 2 -2008