2016 Storm Sewer Improvements-Contractor AgreementSECTION 00 50 00
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is by and between the City of Blair, Nebraska (hereinafter called OWNER)
and Thompson Construction, Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
Removal and replacement of inlets and storm sewer pipe at various sites in Blair.
The work will include installation of new storm sewer pipe, curb and grate inlets
and pavement removal/replacement.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
2016 Storm Sewer Improvements — Various Sites
Blair, Nebraska
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by JEO Consulting Group, 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 the completion of the Work in accordance with the Contract
Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Completion and Final Payment
Bidder agrees that the start date for the Work will be July 1, 2016 , and that the Work will be
completed and ready for final payment in accordance with paragraph 14.07.8 of the General
conditions within sixty (60) calendar days. The project shall be completed no later than October 1,
2016.
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4.03 Liquidated Damages
A. CONTRACTOR and OWNER 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 4.02 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 $150.00 for each calendar day that expires
after the time specified in paragraph 4.02 for completion and readiness for final
payment until the Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 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 5.01.A below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an
exhibit.
TOTAL OF ALL UNIT PRICES: Two Hundred Fifty -Seven Thousand Nine Hundred Sixty -
Eight Dollars and No/Cents ($257,968.00)
(use words)
As provided in paragraph 11.03 of the General Conditions, estimated quantities are not
guaranteed, and determinations of actual quantities and classifications 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 11.03 of the General Conditions.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 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.
6.02 Progress Payments; Retainage
A. OWNER shall process progress payments on account of the Contract Price on the
basis of CONTRACTOR's Applications for Payment on or about the last working
day of each month during performance of the Work as provided in paragraphs
6.02.A.1 below. All such payments will be measured by the schedule of values
established in paragraph 2.07.A 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:
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1. Prior to Completion and readiness for final payment, 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 ENGINEER may determine or OWNER may withhold, in
accordance with paragraph 14.02 of the General Conditions:
a. 90% of Work completed and 90% of cost of materials and
equipment not incorporated in the Work (with the balance 10%
being retainage). If the Work has been 50% 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 subsequently completed, in which case the
remaining progress payments prior to completion and readiness for
final payment will be in an amount equal to 100% of the Work
completed less the aggregate of payments previously made.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph
14.07 of the General Conditions, OWNER shall pay the remainder of the Contract
Price as recommended by ENGINEER as provided in said paragraph 14.07.
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and
the other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to
the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local
Laws and Regulations that may affect cost, progress, and performance of the
Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) which have been identified
in the Supplementary Conditions as provided in paragraph 4.02 of the General
Conditions and (2) reports and drawings of a Hazardous Environmental Condition,
if any, at the Site which has been identified in the Supplementary Conditions as
provided in paragraph 4.06 of the General Conditions.
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E. CONTRACTOR has obtained and carefully studied, or assumes responsibility for
having done so, all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface,
and Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed
by CONTRACTOR, including applying the specific means, methods, techniques,
sequences, and procedures of construction, if any, expressly required by the
Contract Documents to be employed by CONTRACTOR, and safety precautions
and programs incident thereto
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work
at the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by
OWNER and others at the Site that relates to the Work as indicated in the
Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract Documents.
CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract
Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
K. CONTRACTOR is responsible for verifying all utilities, both above and below
ground, and understands there will not be any additional payment for utility
conflicts encountered. All utilities shown on the design drawings are for reference
only and shall not be construed to be all inclusive of all utilities onsite or other
location.
ARTICLE 8 - CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
This Agreement;
2. Performance Bond;
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3. Payment Bond;
4. Other Bonds/Insurance Certificates;
5. General Conditions;
6. Supplementary Conditions;
7. Specifications as listed in the table of contents of the Project Manual;
8. Drawings consisting of a cover sheet and sheets numbered C0.0 through
D1.1, inclusive, with each sheet bearing the following general title: 2016
Storm Sewer Improvements — Various Sites, Blair, Nebraska;
9. Addenda (numbers 1 to 2, inclusive);
10. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed;
b. CONTRACTOR's Bid;
c. Documentation submitted by CONTRACTOR prior to Notice of Award;
11. The following which may be delivered or issued on or after the Effective
Date of the Agreement and are not attached hereto:
a. Written Amendments;
b. Work Change Directives;
C. Change Order(s).
B. The documents listed in paragraph 8.01.A are attached to this Agreement (except
as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 8.
D. The Contract Documents may only be amended, modified, or supplemented as
provided in paragraph 3.04 of the General Conditions.
ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General
Conditions.
9.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract 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
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extent that the effect of this restriction
specifically stated to the contrary in any
assignment will release or discharge the
under the Contract Documents.
9.03 Successors and Assigns
may be limited by law), and unless
written consent to an assignment, no
assignor from any duty or responsibility
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.
9.04 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.
9.05 Other Provisions
A. If OWNER is a public entity in the State of Nebraska, then CONTRACTOR shall
register with and use the E -Verify Program, or 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 pursuant to the Immigration Reform and Control Act of 1986, to
determine the work eligibility status of new employees physically performing
services within the State of Nebraska. CONTRACTOR shall require the same of
each subcontractor.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate.
One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their
behalf.
This Agreement will be effective on March 8, 2016 (which is the Effective Date of the Agreement).
OWNER: City of Blair
By: James Realph, Mayor
Attest &'64� 4
Address for giving notices:
218 So. 16th Street
Blair NE 68008-1674
Designated Representative:
Name: Allen Schoemaker
Title: Director of Public Works
Address: 218 So. 16th Street
Blair NE 68008-1674
Phone: 402.426.4191
Facsimile: 402.426.4195
E- Mail: ARS@ci.blair.ne.us
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CONTRACTOR: Thompson Construction, Inc.
By: Kelly Thompson
Attest
Address for giving notices:
2404 N. Lincoln Avenue
Fremont NE 68025
Designated Representative:
Name: %o
Title: xi
Address: le.
Phone: a
Facsimile: 10170f 7,009
t.
E -Mail: y
Issuance 2/1/05
Revised 12/3/2014