BRIDGE REPAIR CONTRACT

This agreement made and entered into in duplicate the 25^th day of February, 2015, by and between County of Cuming, State of Nebraska, hereinafter referred to as County, and _________________________________________________ , hereinafter referred to as Contractor.

Now, therefore, in consideration of the mutual promises, convenants and benefits by and between the parties, it is hereby agreed as follows:

1) That for and in consideration of the unit prices for bridges, bridge work, culvert work, and earth fill, said unit prices as set forth in the attached Exhibit “A” and incorporated herein by reference, County hereby agrees to pay Contractor the unit prices as set forth in Exhibit “A”, and Contractor hereby agrees to repair county structures in a good and workmanlike manner in compliance with the specifications of the most recent edition of the State of Nebraska, Department of Roads Standard Specification for Highway Construction, as amended from time to time, which are incorporated herein and made a part hereof by reference, and to the full satisfaction of County.

2) That said earth fill shall be inclusive of all necessary and incidental work to repair the adjacent roads to said structure(s).

3) That such repairs ordered by County shall be furnished and completed by Contractor within 10 days from date of such order or a dated agreed upon between Contractor and County.

4) That due notice shall be given to County by Contractor when Contractor is about to commence the repairs in order that County may provide for the inspection of labor to be performed and, unless otherwise specially provided, that the person designated by motion of the Board of Supervisors of Cuming County from time to time shall be authorized to act for and on behalf of County with respect to matters arising under this agreement at all times when the Board of Supervisors of said County is not in official session.

5) Contractor shall indemnify and hold harmless County and all it representatives from any and all suits, actions, claims, demands, loss or liability resulting from the injury to, or death of any person or persons, or injury to the property of any person, occurring after execution of this agreement and related in any way to the work to be performed hereunder, or resulting from any condition or the conduct of the Contractor, Contractor’s agents, employees or other representatives, or resulting from any claims or amounts arising or recovered under the worker’s compensation laws. Contractor shall be responsible for all damages or injury to persons or property of any character during the repair of any project resulting from any act, omission, negligence or misconduct, inclusive but not limited to the manner or method of execution said work, of or non erection of or defective work or at any time said responsibility absolutely shall continue until the roadway or project shall have been completed and accepted by County.

6) Payment by County shall be made only on completed projects and completed adjacent roads or earth fill upon proper filing of sworn statement by Contractor and such payment shall become due and payable to Contractor at the first regular meeting of the Board of Supervisors of County after the completion of such repairs and acceptance by County.

7) Contractor shall furnish within ten days from the date hereof, a good and sufficient surety bond acceptable to County for $100,000.00 which is near to 100% of the contract conditioned for the faithful performance of this contract.

Contractor shall not begin work under this contract until it has obtained all insurance coverages required under this section and such insurance has been approved by the County.  The following insurance coverages shall be kept in force during the life of the Contract and shall be primary with respect to any insurance or self-insurance programs covering the County, its commissioners/supervisors, officials, agents, representatives and employees.

1. Workers’ Compensation and Employers Liability Insurance

The minimum acceptable limits shall be the statutory limits as required by the State of Nebraska for Coverage A, Workers’ Compensation and $500,000 for Coverage B, Employers Liability.

1. Commercial General Liability Insurance

Coverage shall include liability coverage addressing premises and operations, contractual, independent contractors, and products/completed operations.  The coverage must protect against claims for damages resulting form bodily injury, including death, personal injury and property damage.

The minimum acceptable limits of liability shall be $1,000,000 each occurrence.  If the coverage contains a general aggregate such limit shall not be less than $2,000,000.  The products/completed operations limit shall not be less than $2,000,000.  If written on a claims made form, the products/completed operations coverage is to be maintained for two years after final payment.

The County is to be named as an additional insured on the insurance coverage required under this section.

1. Automobile Liability Insurance

Coverage shall include liability coverage addressing claims for damages resulting from bodily injury, including death and property damage, which may arise from the operations of any owned, hired or non-owned automobile.  The minimum acceptable limit of liability shall be $1,000,000 Combined Single Limit for each accident.

The County is to be included as an additional insured on the insurance coverage required under this section.

1. Certificate of Insurance

The Contractor shall furnish the County with a certificate(s) of insurance evidencing the coverages required in this section.  Such certificate(s)shall specifically state that the insurance company or companies underwriting these insurance coverages shall give the County at least thirty (30) days written notice in the event of cancellation of, or material change in, any of the coverages.  If the certificate(s) is shown to expire prior to completion of all the terms of this contract, the Contractor shall furnish a certificate(s) of insurance evidencing renewal of its coverage to the County.

The Contractor shall require each and every Subcontractor performing work under this Contract to maintain the same coverages required of the Contractor in this section, and upon the request of the County, shall furnish the County with a certificate(s) of insurance evidencing the Subcontractor’s insurance coverages required in this section.

1. Insurance Company

All insurance coverages herein required of the Contractor shall be written by an insurance company or companies transacting business as an admitted insurer in the State of Nebraska or under the Nebraska Surplus Lines Insurance Act.  All insurance companies must possess a minimum A.M. Best Insurance Company rating of A-.

Upon request of the County, the Contractor shall furnish evidence that the insurance company or companies being used by the Contractor meet the minimum requirements listed in this subsection.

Upon request by the County, the Contractor shall furnish the County with complete and accurate copies of the insurance policies required within this section.  If at anytime during the life of this Contract, the Contractor’s insurance coverages and limits do not meet or exceed the minimum insurance requirements presented in this section, the Contractor is required to notify the County of any deviations from the minimum requirements presented in this section.

8) Contractor shall comply with and continue to comply with all fair labor standards in the pursuit of his business and in the execution of this agreement.

9) Contractor shall provide and pay for all equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities, and all other facilities and incidentals necessary for completion of the work.  All materials furnished by Contractor shall be new and, if required by County, Contractor will furnish satisfactory evidence as to the kind and quality of materials to be used.

10) Contractor shall keep the construction premises free from accumulations of waste, materials, rubbish and other debris resulting from the work, and at completion of the work, shall remove and dispose of all waste materials, spoils, rubbish and debris from and about the premises as well as all tools, construction equipment and machinery, and surplus materials, and return the site to the pre-construction appearance, which shall include, but is not limited to the removal and disposal of all steel, wood or other materials of any structures that are being removed, placed or repaired.

11) Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss.

12) Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for the safety and protection, including posting danger signs and other warnings against hazards, and promulgating safety regulations.

All construction signing shall be performed according to the most current edition of the Manual on Uniform Traffic Control Devices and any additions or supplements thereto.

This contract shall be binding upon the heirs, personal representatives and assigns of the respective parties hereto.

In witness whereof, the parties hereto have set their hands the day and year first above written.

WITNESS                                                                   Board of Cuming County

Supervisors

______________________________                        ______________________________

Cuming County Clerk

______________________________

______________________________                        ______________________________

Contractor

______________________________

______________________________

______________________________

______________________________

Exhibit A

TO THE BOARD OF SUPERVISORS OF CUMING COUNTY, NEBRASKA:

The undersigned hereby submits the bid for bridge repair pursuant to the advertisement, as follows:

For repair of County road structures as directed by the County Road Superintendent, but not including the furnishing of materials at a price as follows:

1. For driving steel piling 8” $______ per foot.
2. For driving steel piling 10” $_____ per foot.
3. For placing cable and clamps on wings $_______each.
4. For placing common lumber $________ per thousand board foot.
5. For removing old lumber $________ per thousand board foot.
6. Force account work, cost plus $_____ plus a profit of $______ .
7. For removing old piling $______ per lineal foot of piling.
8. For hauling bridge materials $______ per ton per mile.
9. For hauling pile driver over three miles $______ per ton per mile. Less than three miles, free of charge.
10. Compacted earth fill $_______ per hour.
11. Pouring concrete $_________. per cubic yard.
12. Steel erection $__________ lb.
13. Driving sheet piling $_______ per square foot.
14. 10-ton crane $_________per hour.
15. 18-ton crane $_________per hour.
16. 12 ½ truck crane $_______ per hour.
17. 5 cubic yard backhoe $________ per hour.
18. 170 H.P. track loader $_______ per hour.
19. 11 cubic yard scraper $_______ per hour.
20. 190 H.P. tack loader $________per hour.
21. Cutting and welding $________ per hour.

It is understood that this bid is made with the understanding that all repairs shall be in conformity with the specifications of the most recent edition of the State of Nebraska, Department of Roads Standard Specifications for Highway Construction.

Herewith I enclose a personal check for $1000.00 payable to the County Clerk of Cuming County, Nebraska, as required in Notice to Contractors, to be forfeited by me in the event that this proposal is accepted and the contract awarded to me and I fail, neglect, or refuse to enter into said contract and execute the bond required, said bond and contract having been by me examined and approved.

Dated this _________ of _______________, _______.

__________________________________

Company

__________________________________

Signature

GRAVEL CONTRACT                                    Page 1 of 3

The Cuming County Board of Supervisors will open sealed bids on February 25 at 11:00 a.m., in the Supervisors Meeting Room, Cuming County Courthouse, West Point, Nebraska, for gravel for the 2015 construction year.

Each bid shall be submitted in a sealed envelope to the Cuming County Clerk, 200 S Lincoln, Room 100, West Point, Nebraska, and marked “bid for gravel”. Each bid shall be accompanied with a certified check in the amount of $500.00 made payable to the Cuming County Treasurer, which shall guarantee good faith on the part of the bidder. Cuming County will retain this until all specifications and shipments have been completed to the satisfaction of the Cuming County Board.

The Board of Supervisors of Cuming County reserves the right to waive any irregularities in said proposal prior to entering into contract and further reserves the right to reject any or all bids.

This agreement WITNESSETH:

That the Contractor has sold and the County has bought road gravel to be placed by the Contractor as directed by the County, its officers and agents, upon roads in Cuming County, Nebraska, or loaded on county trucks on the following terms and conditions:

The material shall be weighed in the vehicle on a State inspected and approved scale and subject to inspection as to quantity and quality. Material shall be taken from stockpiles.

Material Requirements:

Gravel for surfacing will conform to the State of Nebraska Department of Roads 1985 Standard Specifications for Highway Construction Section 401.02 & 401.06 & 401.07.

The vehicles at all times must maintain an orderly procession in single line either way on surface of roadway to prevent undue damage to the prepared subgrade and to permit an uninterrupted and continuous use of the highway by traffic.

Methods of Payment:

The gravel shall be paid for by actual weight of the material placed on the roadway as directed or loaded on county trucks upon receipt and processing of claims in the proper manner.

General Stipulations:

            Contractor shall not begin work under this contract until it has obtained all insurance coverages required under this section and such insurance has been approved by the County.  The following insurance coverages shall be kept in force during the life of the Contract and shall be primary with respect to any insurance or self-insurance programs covering the County, its commissioners/supervisors, officials, agents, representatives and employees.

1. Workers’ Compensation and Employers Liability Insurance

The minimum acceptable limits shall be the statutory limits as required by the State of Nebraska for Coverage A, Workers’ Compensation and $500,000 for Coverage B, Employers Liability.

1. Commercial General Liability Insurance

Coverage shall include liability coverage addressing premises and operations, contractual, independent contractors, and products/completed operations.  The coverage must protect against claims for damages resulting form bodily injury, including death, personal injury and property damage.

The minimum acceptable limits of liability shall be $500,000 each occurrence.  If the coverage contains a general aggregate such limit shall not be less than $1,000,000.  The products/completed operations limit shall not be less than $1,000,000.  If written on a claims made form, the products/completed operations coverage is to be maintained for two years after final payment.

The County is to be named as an additional insured on the insurance coverage required under this section.

1. Automobile Liability Insurance

Coverage shall include liability coverage addressing claims for damages resulting from bodily injury, including death and property damage, which may arise from the operations of any owned, hired or non-owned automobile.  The minimum acceptable limit of liability shall be $1,000,000 Combined Single Limit for each accident.

The County is to be included as an additional insured on the insurance coverage required under this section.

1. Certificate of Insurance

Contractor shall furnish the County with a certificate(s) of insurance evidencing the coverages required in this section.  Such certificate(s)shall specifically state that the insurance company or companies underwriting these insurance coverages shall give the County at least thirty (30) days written notice in the event of cancellation of, or material change in, any of the coverages.  If the certificate(s) is shown to expire prior to completion of all the terms of this contract, the Contractor shall furnish a certificate(s) of insurance evidencing renewal of its coverage to the County.

Contractor shall require each and every Subcontractor performing work under this Contract to maintain the same coverages required of the Contractor in this section, and upon the request of the County, shall furnish the County with a certificate(s) of insurance evidencing the Subcontractor’s insurance coverages required in this section.

1. Insurance Company

All insurance coverages herein required of the Contractor shall be written by an insurance company or companies transacting business as an admitted insurer in the State of Nebraska or under the Nebraska Surplus Lines Insurance Act.  All insurance companies must possess a minimum A.M. Best Insurance Company rating of A-.

Upon request of the County, Contractor shall furnish evidence that the insurance company or companies being used by the Contractor meet the minimum requirements listed in this subsection.

Upon request by the County, Contractor shall furnish the County with complete and accurate copies of the insurance policies required within this section.  If at anytime during the life of this Contract, Contractor’s insurance coverages and limits do not meet or exceed the minimum insurance requirements presented in this section, Contractor is required to notify the County of any deviations from the minimum requirements presented in this section.

Gravel to be taken from a stock pile shall consist of not less than 1,000 tons at all times, further this stock pile must be accessible to the County or Buyer herein, FOB at all times during this contract period.

Contractor shall indemnify and hold harmless County and all it representatives from any and all suits, actions, claims, demands, loss or liability resulting from the injury to, or death of any person or persons, or injury to the property of any person, occurring after execution of this agreement and related in any way to the work to be performed hereunder, or resulting from any condition or the conduct of the Contractor, Contractor’s agents, employees or other representatives, or resulting from any claims or amounts arising or recovered under the worker’s compensation laws. Contractor shall be responsible for all damages or injury to persons or property of any character during the erection or construction of any project resulting from any act, omission, negligence or misconduct, inclusive but not limited to the manner or method of execution said work, of or non erection of or defective work or at any time said responsibility absolutely shall continue until project shall have been completed and accepted by County.

The quantity of gravel furnished hereunder shall be paid for upon completion of the procedure as herein set forth at the following rates:

North ½ Cuming County        $ _____ per ton FOB

$ _____ per ton delivered to any county road in N ½

South ½ Cuming County        $ ______ per ton FOB

$ ______ per ton delivered to any county road in S ½

This agreement made and entered into this 26^th day of February, 2014, by and between Cuming County, Nebraska hereinafter called Buyer, and Stalp Gravel, Inc., called Seller.

___________________________________     __________________________________

Seller – Gravel Company                                  Signature and Title

___________________________________

Chairman, Cuming County Supervisors

___________________________________

Cuming County Clerk