HomeMy WebLinkAboutMill Creek Pump Station.~. MACon & Excavatin ,Inc.
~ Construct 9
YEARS
July 14, 2010
Jacobi, Toombs and Lanz, Inc.
Joshua Hillman, P.E.
120 Bell Avenue
Clarksville, IN 47129
RE: Mill Creek Pump Station, Notice of Award
Dear Joshua,
Cron # 10-0413
Attached please find three executed contracts, performance and payment
bonds for the above referenced project. Upon execution from your office,
please return a copy for our MAC files. Also attached are certificates of
insurance.
You contact for this project will be Chad Unruh, Vice President, from this
point forward. Please contact us of any questions should arise.
We look forward to working with you and Jeffersonville Sewer Board on
another successful project.
Sincerely,
,~./r'i
Bryan Winslow
Chief Estimator
CC Chad Unruh
1908 Unruh Court
P.O. Box 6787
New Albany, IN 47151-6787 "An Equal Opportunity Employer M/F/D/V"
Phone 812-941-7895
Fax 812-941-0699
AGREEMENT
THIS AGREEMENT, made this 15th day of July 2010, by and between the Jeffersonville Sewer
Board, hereinafter called "OWNER" and MAC Construction & Excavating, Inc., doing business
as a corporation hereinafter called "CONTRACTOR",
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned:
1. The CONTRACTOR will commence and complete the City of Jeffersonville Mill
Creek Pump Station Project.
2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor
and other services necessary for the construction and completion of the PROJECT
described herein.
3. The CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED
and will reach substantial completion and operation of the pump station within 180
calendar days and complete paving within 270 calendar days unless the period for
completion is extended otherwise by the CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the
CONTRACT DOCUMENTS and comply with the terms therein for the sum of
$1,974,000.00 based on the unit prices in the BID schedule.
5. The term "CONTRACT DOCUMENTS" means and includes the following:
(A) NOTICE TO BIDDERS
(B) INFORMATION FOR BIDDERS
(C) BID
(D)BID BOND
(E) AGREEMENT
(F) GENERAL CONDITIONS
(G)PAYMENT BOND
(II}PERFORMANCE BOND
(I) NOTICE OF AWARD
(J) NOTICE TO PROCEED
(K) CHANGE ORDER
(L) DRAWINGS prepared by Shrewsberry & Associates, LLC, dated September 4,
2009
(M) SPECIFICATIONS prepared or issued by Shrewsberry & Associates, LLC dated
May 7, 2010
(N)ADDENDUM #1 dated June 9, 2010
(O}ADDENDUM #2 dated June 11, 2010
6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set
forth in the "General Conditions" such amounts as required by the CONTRACT
DOCUMENTS, provided that work is satisfactorily completed, and same is certified
in writing, to the OWNER, by CONTRACTOR and ENGINEER.
7. The contractor shall not discriminate on the basis of race, color, national origin or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 40 CFR Part 33 in the award and administration of contracts awarded
under EPA financial assistance agreements. Failure by the contractor which may
result in the termination of this contract or other legally available remedies.
8. The CONTRACTOR must pay its subcontractor for satisfactory performance no more
than 30 days from the prime contractor's receipt of payment from the loan recipient.
9. The CONTRACTOR must notify the loan recipient in writing prior to the termination
of any DBE subcontractor for convenience by the prime contractor.
I0. If a DBE subcontractor fails to complete work under the subcontract for any reason,
the CONTRACTOR must employ the six good faith efforts even if the prime
contractor has achieved its fair share objectives.
11. The CONTRACTOR must provide EPA Form 6100-2 DBE Program Subcontractor
Participation Form to all of its DBE subcontractors.
12. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
13. This Agreement may be terminated by either the OWNER or the CONTRACTOR,
with or without cause, upon a thirty (30) day written notice to the other party. If the
Agreement is so terminated, the Contractor shall be entitled to its contractual
compensation for all work performed up to the termination date.
In WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, this Agreement in (triplicate) each of which shall be deemed original
on the date first above written.
OWNER:
Jeffersonvill ewer oard
B L ~
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(SEAL)
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CONTRACTOR
MAC CONSTRUCTION & EXCAVATING, INC.
BY• ~~ .~
Name: CHAD M. UNRUH
Title: VICE PRESIDENT
Address: 1908 UNRUH CT., NEW ALBANY, IN 47150
Date • JULY 14 , 2 010
(SEAL)
ATTEST:
NaI11e: BRYAN. WINSLOW
Tltle: CHIEF ESTIMATOR