2021-06-15 Eriksen Construction-Culvert Wingwall RepairAGREEMENT
This AGREEMENT is made and entered this - IS day of jjje 2021, by and between City of
Blair, hereinafter called the Owner, and Eriksen Construction Company, Inc., hereinafter
called the Contractor, with said Agreement to be effective when approved and executed by the
Owner.
Whereas the Contractor on the 4th day of May 2021, did submit proposals to the Owner on
certain Plans and Specifications entitled Culvert Wingwall Repair, Blair, Nebraska and copies
of which Proposals are hereto attached and made a part hereof, the parties hereto do hereby, in
consideration of the mutual covenants hereinafter contained, agree with each other as follows:
The Contract Documents including the Instructions to Bidders, Bid Form, City of Omaha
Standard Specifications for Public Works Construction, 2020 Edition, Nebraska
Department of Transportation Standard Specifications for Highway Construction 2017
Edition, General Conditions, Supplemental Specifications, Special Provisions,
Agreement, Bonds, Standard Details, Construction Drawings, Addenda and
Modifications are a part of this Contract the same as if each had been fully set out and
attached hereto.
2. The Contractor agrees to furnish all labor, mechanics for labor, tools, materials, and
equipment to complete the construction under this Contract in a good and workmanlike
manner in accordance with the Plans and Specifications.
3. The Owner agrees to pay the Contractor in accordance with the provisions of said
specifications and the accepted proposal.
4. It is mutually agreed by each party hereto that all provisions of said plans and
specifications shall be strictly complied with and conformed to the same as if rewritten
herein, and that no substitutions or changes in said plans and specifications shall be made
except upon written consent of the Owner, and such allowance shall in no manner be
construed to release either parry from any specified or implied obligation of said plans
and specifications.
The Contractor shall complete the work under this Contract within the time allotted by
the Instructions to Bidders or by an approved extension thereof. If the Contractor shall
fail to do so, then the Contractor agrees to pay the Owner as liquidated damages, and not
as a penalty, the sum of $1,000.00 for each and every calendar day that the Contractor is
in default of substantial completion of the work under this Contract.
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6. Progress Payments will be made in accordance with Paragraph 14.02 of the GENERAL
CONDITIONS with a retainage of 10% of the work completed.
IN WITNESS WHEREOF, we, the contracting parties by our agents hereto affix our signatures.
SIGNED AND SEALED this 1 day of ,}C rr , 2021, at i5lour /fit l S .o1
Executed for Contractor: By:
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ATTEST: (Witness) By: A
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Executed by Owner: By:A4�—�C�2_
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ATTEST: (Witness) By: �
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