OFFICE OF THE CITY CLERK OF OMAHA - Douglas County

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Project No. C-28(492) Agreement Between Douglas County, Nebraska and ___________________________ This Agreement is entered into by _________________, with its principal location at ____________, Omaha Nebraska 68___ and Douglas County on behalf of the Douglas County Engineer, located at 15505 West Maple Road, Omaha, Nebraska 68118. 1. _____________ as Contractor Both parties understand and agree that ________________ (CONTRACTOR) as contractor is an independent contractor under the provisions of this contract and not employed by or otherwise affiliated with Douglas County. Employees of CONTRACTOR are not employees of Douglas County. Both parties understand and agree that CONTRACTOR is solely responsible for acquiring and maintaining, for the term of this contract, adequate general liability insurance, including but not limited to workers compensation insurance and automobile insurance, sufficient to protect CONTRACTOR’S ability to complete performance under this contract and to protect Douglas County and CONTRACTOR as is required under the Insurance Section of the specifications. 2. Description of Services CONTRACTOR will furnish all labor, materials, equipment and everything necessary to perform the work designated in the proposal and set out in this contract for: Project # __________ - _________________________________________ at _____________________, located at _____________________, Omaha, Nebraska 68____. 3. Payment for Services During the term of this agreement, Douglas County agrees to pay CONTRACTOR and CONTRACTOR agrees to accept: _______________________ ($_________________________) as full compensation for the performance of this contract. Payment shall be made to CONTRACTOR as set forth in the specifications of this project and CONTRACTOR hereby agrees to construct in accordance with the plans and specifications for this project. Before payment of the final ten percent (10%) of this contract, the CONTRACTOR or his/her sub-contractors shall provide to the County Board of Douglas County, Nebraska written clearance from the State Commissioner of Labor certifying that the CONTRACTOR, or his/her sub-contractors, has paid the unemployment contributions in full in connection with the labor performed in this contract. 4. Term/Duration CONTRACTOR agrees to start and complete work as stipulated in the bid proposal and special provisions for this project. C - 1
Project No. C-28(492) 5. Supervision The CONTRACTOR agrees to perform the work under the direct supervision of the Douglas County Engineer or the Engineer’s designated representative. 6. Release and Indemnity CONTRACTOR shall assume all risk of loss, indemnify Douglas County against loss, and hold Douglas County, its employees, agents, assignees, and legal representatives harmless from all liabilities, demands, claims, suits, losses, causes of action, fines or judgments and all expenses incident thereto, for injuries to persons and for loss of, damage to, or destruction of property, arising out of or in connection with this contract and proximately caused by the negligent or intentional acts or omissions of CONTRACTOR, its officers, employees or agents, and assigns, for any losses caused by failure of contractor to comply with terms and conditions of the agreement, and for any losses by other parties which have entered into agreements with Douglas County. 7. Expressed Warranties CONTRACTOR expressly warrants that they have employed no third persons 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 CONTRACTOR has not paid, nor 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 them from this contract, and that they have not, in estimating the contract price demanded by them, included in any sum by reason of any such brokerage, commission or percentage; and that all moneys payable to them hereunder are free from obligation of any other person for services render, or supposed to have been rendered, in the procurement of this contract. CONTRACTOR further states that any breach of this warrant shall constitute adequate cause for annulment of this contract by Douglas County and that Douglas County may retain, for its own use, from any sums due or that become due, an amount equal to any brokerage, commission or percentage so paid or agreed to be paid. 8. Compliance with State of Nebraska Laws All work required to complete this contract shall be performed in compliance with the laws of the State of Nebraska. No minor under the age for fourteen (14) years shall be employed in carrying out the terms of this contract; nor shall any minor between the ages of fourteen (14) and fifteen (15) be employed for more than eight (8) hours in any one (1) day nor more than six (6) days in any one (1) week, nor before 6:00 a.m. nor after 7:00 p.m. 9. Amendment/Merger This instrument, the standard specifications, the supplemental specifications, the special provisions, the plans, the CONTRACTOR’S proposal and all supplemental agreements and addenda contain the entire contract and agreement of the parties and by reference are made a part hereof with the same force and effect as if fully set out herein. These documents are intended as a complete and exclusive statement of the promises or conditions, and shall be binding on all successors and assigns of the respective parties. Any change or amendments to any of these documents shall be in writing and signed by all parties. C - 2
Page 1 and 2: DOUGLAS COUNTY ENGINEER 15505 WEST
Page 3 and 4: Project No. C-28(492) DOUGLAS COUNT
Page 5: Project No. C-28(492) The only pers
Page 9 and 10: Project No. C-28(492) applicable) a
Page 11 and 12: Project No. C-28(492) SURETY BOND K
Page 13 and 14: SPECIAL PROVISIONS Project No. C-28
Page 21 and 22: Project No. C-28(492) SUPPLEMENTAL
Page 27 and 28: SUPPLEMENTAL SPECIFICATIONS 16. SEE

OFFICE OF THE CITY CLERK OF OMAHA - Douglas County

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