City Council

CONTRACT This AGREEMENT made and entered into this ________ day of ______________________, 2025, by and between the CITY OF FREMONT, NEBRASKA, OWNER, First Party, and _______________________________________, hereinafter designated as CONTRACTOR, Second Party. WITNESSETH, that for the consideration hereinafter mentioned, the contractor agrees to furnish at his own expense and cost, all tools, labor, and materials required to complete the project titled LUTHER ROAD SOUTH (PAVING AND DRAINAGE IMPROVEMENTS) per the Plans and Specifications, copies of which have been furnished, as though fully set forth herein. It is further agreed that the contractor shall furnish the City with Performance, Payment and Maintenance bonds for a period of one (1) year past the completion of the project, in a sum equal to one- hundred percent (100%) of the contract price; bearing date of _________________________, 2025, conditioned for the payment of all laborers and mechanics for the labor that will be performed and for the payment of material which is actually used in the performance of the terms of this contract; and also shall well and faithfully keep and perform all the terms of this contract; and shall protect and indemnify and save harmless the said CITY OF FREMONT, NEBRASKA against any and all claims, loss or damage of whatever kind, nature or character, incident to said work. In consideration of the completion of all work herein embraced in a good and workmanlike manner, to the satisfaction of the City Engineer and approval of the Mayor and City Council, the CITY OF FREMONT, NEBRASKA agrees to pay the CONTRACTOR in the manner provided in the specifications and per the Proposal submitted by the CONTRACTOR, dated __________________________, 2025, attached hereto as part of the Agreement for a total amount of ____________________________. The CONTRACTOR shall register and use a Federal Immigration Verification System to determine the work eligibility status of newly hired employee’s physically performing services within the State of Nebraska. The prime Contractor shall contractually require every subcontractor to register with and use a Federal Immigration Verification System to determine the work eligibility status of a newly hired employee physically performing services within the State of Nebraska. The Federal Immigration Verification System shall be an electronic verification of the work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program. The CONTRACTOR may use an equivalent Federal Program designated by the United States Department of Homeland Security or other Federal Agency authorized to verify the work eligibility status of a newly hired employee. The equivalent program shall comply with the Immigration Reform and Control Act of 1986. Progress payments shall be made monthly on work approved by the Engineer. The City of Fremont shall retain 10% on finished work and delivered materials. The retainage on finished work shall drop to 5% once the project is satisfactorily 90% or more substantially complete in accordance with the contract and the OWNER is able, upon the determination of the City, to occupy or utilize the project for its intended use. C-1 P-197-23  The CONTRACTOR will submit an Affirmative Action Statement and Program to the office of the Mayor within thirty (30) days after the bid has been awarded by the Fremont City Council. Final Payment shall be made on approval of the City Engineer, Mayor and City Council. Before the Final Payment may be made on the Final Three Percent (3%) of the contract, the contractor shall furnish a written clearance from the Commissioner of Labor of the State of Nebraska certifying that all payments then due of contributions or interest which may have arisen under the contract have been made by the contractor or his subcontractors to the Unemployment Compensation Fund. All certificates for payment submitted by the CONTRACTOR to the OWNER shall be broken down into (1) Material Costs; (2) Labor and all Other Costs. The CONTRACTOR agrees to commence work as soon as practical after execution of the contract. The CONTRACTOR also agrees to have the work substantially completed on or prior to December 15, 2025 with final grading and seeding completed by April 30, 2026. After April 30, 2026, liquidated damages will be assessed at five hundred dollars ($500.00) per calendar day. The parties acknowledge and hereby agree that such payments constitute liquidated damages and shall not be deemed to be a penalty. In carrying out its respective obligations and responsibilities under this Agreement, each of the parties agrees to observe and comply with all applicable statutes, laws, regulations and requirements of governmental authorities having jurisdiction over the parties or the subject matter of this Agreement. No oral modifications or amendments to, this Agreement shall be effective, but this Agreement may be modified or amended by written agreement. This Agreement, including Exhibits, represents a complete and formal agreement of the parties. This Agreement was entered into at arm’s length, and the terms hereof represent the will of the parties. Therefore, no usage of trade, course of dealing, course of performance, or longstanding practices, policies, or procedures of any of the parties, or their agents, may be inferred as part of this Agreement, may be incorporated in any way as part of this Agreement, nor may constitute a waiver of rights by any of the parties hereto. This agreement shall be interpreted and enforced under the laws of the State of Nebraska. Should any provision of this Agreement, require judicial interpretation, the court interpreting or constructing the same shall not apply to a presumption that the terms hereof shall be more strictly construed against one party, by reason that a document is to be construed more strictly against the person who himself or through his agents, prepared the same, but rather it is hereby acknowledged that both parties have participated in the preparation hereto. The paragraph and section headings in this Agreement contained are for convenience only, and do not constitute a part of the provisions hereto. The invalidity of any portion of this Agreement shall not prevent the remainder from being carried into effect. Whenever the context of any provision shall require it, the singular number shall be held to include the plural number, and vice versa, and the use of any gender shall include the other gender. The paragraph and section headings in this Agreement contained are for convenience only, and do not constitute a part of the provisions hereto. Any failure by either party to this agreement to enforce its rights herein shall not constitute a waiver of enforcement of the terms of this Agreement. C-2 P-197-23  IN WITNESS WHEREOF, we the PARTIES to this AGREEMENT, have hereunto set out hands and seals on the day of the year first above written. CITY OF FREMONT, NEBRASKA COMPANY: 400 EAST MILITARY AVENUE ADDRESS: FREMONT, NE 68025 JOEY SPELLERBERG, MAYOR Signature Name (please print) ATTEST: Date (Not prior to bond dates) MICHAEL CHATTERSON, CITY CLERK Email C-3 P-197-23