East Sewer Truck1 2010/09/11
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SECTION 00500
AGREEMENT
THIS AGREEMENT is by and between the City of Blair, hereinafter called OWNER, and
hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual
covenants hereinafter set forth, agree as follows:
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents for the
Project identified herein.
Article 2. PROJECT
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
Furnishing, labor, materials, equipment and services for the construction of a sewer replacement to serve
the City of Blair.
Article 3. ENGINEER
The Project has been designed by HDR Engineering, Inc., who is hereinafter called ENGINEER and who is
to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority
assigned to ENGINEER in the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
Article 4. CONTRACT TIMES
4.1. Time of the Essence.
A. All time limits for Substantial Completion and completion and readiness for final payment as
stated in the Contract Documents are of the essence of the Contract.
4.2. Days to Achieve Substantial Completion and Final Payment.
A. The Work will be substantially completed within 45 calendar days after the date when the
Contract Times commences to run as provided in Paragraph 2.03 of the General Conditions, and
completed and ready for final payment in accordance with Paragraph 14.07 of the General
Conditions within 60 calendar days after the date when the Contract Times commences to run.
134 - 152363 -001
City of Blair, NE
East Trunk Sewer Replacement -
AGREEMENT
00500-1
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4.3. Liquidated Damages.
A. OWNER and CONTRACTOR recognize that time is of the essence of this AGREEMENT and
that OWNER will suffer financial loss if the Work is not completed within the times specified in
Paragraph 4.2. above, plus any extensions thereof allowed in accordance with Article 12 of the
General Conditions. The parties also recognize the delays, expense and difficulties involved in
proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty),
CONTRACTOR shall pay OWNER one thousand dollars ($1000.00) for each day that expires
after the time specified in Paragraph 4.2. for Substantial Completion until the Work is
substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or
fail to complete the remaining Work within the time specified in Paragraph 4.2. for completion
and readiness for final payment or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER two hundred dollars ($200.00) for each day that expires after
the time specified in Paragraph 4.2. for completion and readiness for final payment.
Article 5. CONTRACT PRICE
5.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
Paragraphs 5. LA. and 5.1.B. below:
5.2 As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in Paragraph 9.08 of the General Conditions. Unit prices have been
computed as provided in Paragraph 11.03B. of the General Conditions.
Article 6. PAYMENT PROCEDURES
6.1. Submittal and Processing of Payments.
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided in
the General Conditions.
6.2. Progress Payments; Retainage.
A. OWNER shall make monthly progress payments on account of the Contract Price on the basis of
CONTRACTOR's Applications for Payment as recommended by ENGINEER, during
construction as provided in Paragraphs 6. 1.1 and 6.1.2 below. All such payments will be
measured by the schedule of values established in Paragraph 2.07A. of the General Conditions
(and in the case of Unit Price Work based on the number of units completed) or, in the event there
is no schedule of values, as provided in the General Requirements.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as accordance with Paragraph 14.02 of the
General Conditions.
a. 10 percent of Work completed (with the balance being retainage). If Work has
been 50 percent completed as determined by ENGINEER, and if the character
and progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER, on recommendation of ENGINEER, may determine that as long as the
character and progress of the Work remain satisfactory to them, there will be no
additional retainage on account of Work completed.
134- 152363 -001
City of Blair, NE
East Trunk Sewer Replacement -
AGREEMENT
00500-2
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4 A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the
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General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by
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ENGINEER as provided in said Paragraph 14.07
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Article
7. NOT USED
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Article
8. CONTRACTOR'S REPRESENTATIONS
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8.1.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
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representations:
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A.
CONTRACTOR has examined and carefully studied the Contract Documents (including the
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Addenda listed in Article 9.) and the other related data identified in the Bidding Documents.
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B.
CONTRACTOR has visited the site and become familiar with and is satisfied as to the general,
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local and site conditions that may affect cost, progress, performance or furnishing of the Work.
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C.
CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
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Regulations that may affect cost, progress, performance or furnishing of the Work.
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D.
CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for
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the accuracy or completeness of information and data shown or indicated in the Contract
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Documents with respect to Underground Facilities at or contiguous to the Site.
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E.
CONTRACTOR has obtained and carefully studied (or assumes risk for not doing so) all
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reasonable additional or supplementary examinations, investigations, and data concerning
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conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which
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may affect cost, progress, or performance of the Work or which relate to any aspect of the means,
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methods, techniques, sequences, and procedures of construction to be employed by Contractor,
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including any specific means, methods, techniques, sequences, and procedures of construction
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expressly required by the Bidding Documents, and safety precautions and programs incident
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thereto.
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F.
CONTRACTOR does not consider that any additional examinations, investigations, explorations,
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tests, studies or data are necessary for the performance and furnishing of the Work at the Contract
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Price, within the Contract Times and in accordance with the other terms and conditions of the
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Contract Documents.
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G.
CONTRACTOR has correlated the information known to CONTRACTOR, information
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commonly known to contractors doing business in the locality of the Site, information and
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observations obtained from visits to the site, reports and drawings identified in the Contract
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Documents and all additional examinations, investigations, explorations, tests, studies and data
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with the Contract Documents.
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H.
CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
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discrepancies in the Contract Documents and the written resolution thereof by ENGINEER
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through issued addendum or addenda is acceptable to CONTRACTOR, and the Contract
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Documents are generally sufficient to indicate and convey understanding of all terms and
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conditions for performance and furnishing of the Work. When said conflicts, etc., have not been
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resolved through interpretation or clarification by ENGINEER, because of insufficient time or
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otherwise, CONTRACTOR has included in the Bid the greater quantity or better quality of Work,
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or compliance with the more stringent requirement resulting in a greater cost; and said greater cost
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is included in the Contract Price.
134 - 152363 -001 City of Blair, NE
East Trunk Sewer Replacement -
AGREEMENT
00500-3
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I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
Article 9. CONTRACT DOCUMENTS
9.1. Contents.
A. The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
1. This Agreement (pages 1 to 6, inclusive).
2. Performance, Payment, and other Bonds, attached.
3. General Conditions (pages lto65, inclusive).
4. Supplementary Conditions (pages 1 to 5, inclusive).
5. Specifications as listed in Table of Contents of the Project Manual.
6. Drawings consisting of a cover sheet and sheets numbered OOG -00 through OOC -04,
inclusive with each sheet bearing the following general title:
City of Blair East Trunk Sewer Replacement
7. Addenda numbers 1 and 2.
8. CONTRACTOR's Bid (pages 1 to6, inclusive) attached.
9. EPA FORM 6100 -4 (DBE Subcontractor Utilization Form) attached.
10. EPA FORM 6100 -3 (DBE Subcontractor Performance Form) attached.
11. EPA FORM 5700 -49
12. The following which may be delivered or issued after the Effective Date of the
AGREEMENT and are not attached thereto:
a. Notice to Proceed.
b. Field Orders.
C. Work Change Directives.
d. Change Orders.
e. There are no Contract Documents other than those listed above in this Article 9.
The Contract Documents may only be amended, modified or supplemented as
provided in Paragraph 3.04. of the General Conditions.
Article 10. MISCELLANEOUS
10.1 Terms.
A. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have
the meanings indicated in the General Conditions.
134 - 152363 -001 City of Blair, NE
East Trunk Sewer Replacement -
AGREEMENT
00500-4
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10.2. Assignment of Contract.
A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
10.3. Successors and Assigns.
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives
in respect to all covenants, agreements and obligations contained in the Contract Documents.
10.4. Severability.
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law
or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
10.5 CONTRACTOR'S Certifications.
A. CONTRACTOR certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this Paragraph:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of
value likely to influence the action of a public official in the bidding process or in the
Contract execution.
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the bidding process or the execution of the Contract to the detriment of
OWNER, (b) to establish Bid or Contract prices at artificial non - competitive levels, or (c)
to deprive OWNER of the benefits of free and open competition.
3. "collusive practice" means a scheme or arrangement between two or more BIDDERS,
with or without the knowledge of OWNER, a purpose of which is to establish Bid prices
at artificial, non - competitive levels.
4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons
or their property to influence their participation in the bidding process or affect the
execution of the Contract.
134 - 152363 -001 City of Blair, NE
East Trunk Sewer Replacement -
AGREEMENT
00500-5
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate One
counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the
Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or
identified by ENGINEER on their behalf.
This AGREEMENT will be effective on 'S e w Y , 2012 (which is the Effective Date
of the AGREEMENT).
OWNER: City of Blair, Nebraska
By: Mayor
Address for giving notices:
City Hall
218 South 16th Street
Blair, NE 68008
Agent for service of process:
CONTRACTOR: Eriksen Construction Co., Inc.
2546 South Highway 30, P.O. Box 610
Blair, NE 68008
Agent for service of process:
N/A
License No 2116 8
NOTE: If CONTRACTOR is a corporation, attach
evidence of authority to sign.
END OF SECTION
Bornhorst
134 - 152363 -001 City of Blair, NE
East Trunk Sewer Replacement -
AGREEMENT
00500-6
I certify that I am the Secretary of Eriksen Construction Co., Inc. and that at a meeting of the
Board of Directors of this Corporation dul called and held at its office at Blair, Nebraska on this 2 nd da
of November,, 2012, the following resolution was duly adopted and is now in full force and effect:
BE IT RESOLVED that Jennifer Bornhorst, Vice President of Eriksen Construction Co.,, Inc.
be authorized to execute on behalf of the Corporation, the following:
City of Blair East Trunk Sewer Replacement
Blair, Nebraska
IN WITNESS WHEREOF,, I have hereunto affixed my name as the Secretary of the Corporation,
and have caused the Corporate Seal of said Corporation to be hereto affixed this 2n day of November,
2012.
thk L')
Vicki Dunkle SeLietary
Eriksen Construction Co., Inc.
2546 South Hwy. 30
PO Box 610
Blair,, Nebraska 68008
Phone: 402-426-3119
State of Incorporation: Nebraska
CORPORATE SEAL