HomeMy WebLinkAboutEwing Lane Pump Station & Force Main Replacement Project SECTION B-2 — FORM OF AGREEMENT
THIS AGREEMENT is by and between Jeffersonville Sewer Board, City of Jeffersonville, Indiana
("Owner") and RAM F.ngineering & Construction, Inc. ("Contractor'). Owner and Contractor, in
consideration of the mutual covenants hereinafter set forth, agree as follows:
1.0 WORK
1.1 Contractor shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
EWING LANE PUMP STATION & FORCE MAIN REPLACEMENT PROJECT
This project consists of the furnishing and installing of a new duplex pump stadon, construction of
gravity sewers and force main, surface restoration, and all other items shown on the plants and
mentioned in thc specifications for a complete project.
2.0 THE PROJECT
2.1 The Project for which the Work under the Contract Documents may be the whole or only a part
is generally described as follows: Ewing Lanc Pump Station & Force Main Replacement,
Jeffersonville, Indiana - SRF Project No. XS•W06121002.
3.0 ENGINEER
3.1 The Project has been designed by Jacobi, Toombs & Lanz, Inc, 120 West Bell Ave, Clarksville,
EN 47129, who is to act as Owner's representative, assure all duties and responsibilities, and
have the rights and authority assigncd to Engineer in the Contract Documents in connection
with thc completion of the Work in accordance with the Contract Documents.
4.0 CONTRACT TIMES
4.1 lime of the Essence
All time limits for Milestones, if any, Substantial Completion, and compledon and readiness for
final payment as seated in the Contract Documents are of the essence of the Contract.
4.2 Days to Achieve Substantial Completion and Final Payment
The Work will be completed and ready for final payment in accordance with Paragraph 5.1 of the
General Requiretents on page 1 -A-1 of the Specifications within 150 days after thc date when thc
Contract Time commences to run as provided in Paragraph 5.1 on Page 1 -A -1 of the General
Requirements .
4.3 Liquidated Damages
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 4.2 above,
plus any extensions thereof allowed in accordance with Paragraph 5.1 of the General Requirements
on page 1 -A -1. The parties also recognize the delays, expense, and difficulties involved in proving
in a legal or arbitration proceeding thc actual loss suffered by Owner if the Work is not completed
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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 $1,000 for each day
that expires after the tune specified in Paragraph 4.2 for Substantial Completion until the Work is
complete.
5.0 CONTRACT PRICE
5.1 Owner shall pay Contractor for completion of the Work, in accordance with the Contract
Documents and as shown on Indiana State Board of Accounts Form No. 96, an amount in
current funds pursuant to Paragraph below.
For all Work, a Unit Price Bid of Five Hun F.ig t - -trine Thousand Seven Hundred and
Twenty-five Dollars ($589-725.001. All specific unit prices arc included in thc above price and
have been computed in accordance with Section A -2 and A -3 of the Specifications.
6.0 PAYMENT PROCEDURES
6.1 Submittal and Processing of Payments
Contractor shall submit Applications for Payment in accordance with Item 9 of the General
Conditions, Division C. Applications for Payment will be processed by Engineer as provided in
the General Conditions.
6.2 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of
Contractor's Applications for Payment during performance of the Work as provided in
Paragraphs 6.2 A -1. and 6.2 A.2 below. All such inymrents will be measured by the schedule
of values established as provided in Section A -2 of the Specifications (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 Completion, progress payments will be made in an amount equal to thc
percentage indicated below but, in each case, Less the aggregate of payments
previously rnade and less such amounts as Engineer may determine or Owner may
withhold, including but not limited to liquidated damages, in accordance with
Paragraph 9.0 on page C -104 of the Specifications.
a. 90 percent of Work completed (with the balance being retainage); and
b. 90 perccnt of cost of materials and equipment not incorporated in the
Work (with the balance being retainagc); but
c. When the total amount being withheld as rcminagc equals 5 percent of the
total contract amount, no additional retainage shall be withheld.
2. Upon Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to 100 perccnt of the Work completed including retainage,
less 200 percent of the reasonably estimated amount of uncompleted work
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remaining as determined by Engineer, and less such other amounts as Engineer
shall determine in accordance with The Specifications.
6.3 Final Payment
A. Upon receipt of the final application for Payment accompanied by Engineer's reconunendation
of payment in accordance with Paragraph 9.2 on page C -104 of the Specifications, Owner shall pay
Contractor as provided in Paragraph 9.2 on page C -104 of thc Spedfications the remainder of the
Contract Price as recommended by Engineer as provided in said Paragraph, less any sum Owner is
entitled to set off against Engineer's recommendation, including but not limited to liquidated
damages.
7.0 INTEREST
7.1 All moneys not paid when due as provided in Paragraph 9.0 of the General Conditions shall not
be subject to any interest for unpaid balance.
8.0 CONTRACTOR'S REPRESENTATIONS
8.1 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 thc 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
1). Contractor has carefully studied all reports of explorations and test of subsurface
conditions at or contiguous to the Site, 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 .
R Contractor has obtained and carefully studied (or assumes responsibility for doing 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 Camtractor, including any specific means, methods,
techniques, sequences, and procedures of construction expressly required by the Bidding
Documents, and safety precautions and programs incident thereto.
F. Contractor does not consider that any further examinations, investigations, explorations,
tests, studies, or data are neceesa,y for the performance of the Work at the Contract Price,
within the Contract Times, and in accordance with the other teens and conditions of the
Contract Documents.
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G. Contractor is aware of the general nature of work to be performed by Owner and others at
thc Sitc that relates to the Work as indicated in thc Contract Documents.
H. Contractor has correlated the information known to Contractor, information and
observations obtained from visits to the Site, reports and drawings idendfiod in the
Contract Documents, and all additional examinations, investigations, explorations, tests,
studies, and data with the Contract Documents.
I. Contractor has given Engineer written notice of all conflicts, ermrs, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resoludon thereof by Engineer is acceptable to Contractor.
J. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and condidons for performance and furnishing of the Work.
9.0 CONTRACT DOCUMENTS
9.1 Contents
A. The Contract Documents consist of the following;
1. This Agreement
2. Performance Bond.
3. Payment Bond.
4. Supplemental General Conditions for Indiana State Revolving Fund (SRF) Loan
Program.
5. Specifications as listed in the table of contents of thc Project Manual.
6. Drawings consisting of sheets with each shcct bearing thc following general tide:
Ewing lane Pump Station, Jeffersonville, Indiana.
7. Addenda (numbers inclusive).
S. Exhibits to this Agreement (enwnerated as follows):
a. Contractor's Bid.
b. Contractor's Bid Bond.
c. Indiana SRI' Documentation submitted with thc Contractor's Bid.
d. Supplemental infornadon submitted with the Contractor's Bid.
e. MBE /WBE !suers. of Commitment submitted by Contractor within 24
hours of the bid opening.
9. Noticc of Award.
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10. The following which may be delivered or issued on or after the Effective Date of
the Agreement and are not attached hereto:
c. Notice to Proceed.
d. Work Change Directives.
c. Change Order(s).
13. The documents listed in Paragraph 9.1 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 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
Project Specification.
10.0 MISCELLANEOUS
10.1 Terns
'Penns used in this Agreement will have thc meanings stated in the Specificadons.
10.2 Assignment of Contract
No assignment by a party hereto of any rights under or interests in the Contract will be binding on
another party hereto without thc written consent of site 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 thc assignor from any duty or responsibility under the Contract
Documents.
10.3 Successor and Assigns
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
arvcnants, agreements, and obligations contained in the Contract Documents.
10.4 Scvcrability
Any provision or part of the Contract Dlxutnents 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 pmvision or part thereof with a valid and enforceable provision that comes
as close as possible to expressing thc intention of thc stricken provision.
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IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in four (4) copies. One (1)
counterpart each has been delivered to Owner, C.ontracior, and Engineer. All portions of the Contract
Documents have been signed, initialed, or identified by Opener and Contractor or identified by Engineer
on their behalf.
This Agreement is dated.
OWNER: CONTRACTOR:
Jeffersonville Sewer Board
Ci of efferso_ • c, 1n• •... RAM Engineering & Cmsmrction, Inc.
By: (��� l D 'n
Tlde: President , Title: President
[CORPORATE SEAL] [CORPORATE SEAL] Attest: Ci A p LC, f AV Attest•. Oh/ 'i " ?Pie! el( 0 .-14
Tide: P Anti . Tide:
Address for giving notice,+: Address for giving notices:
Jeffersonville WW IT urn Engineering & Construction, Inc.
1420 Pennsylvania Avenue P.O. Box 11549
Jeffersonville, IN 47130 Louisville, KY 40251 -0549
Agent for service of process:
Richard C. Chilton
Of Conrracmr is 2 corporation or a partnership, attach evidence
of authority to sign.)
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MAI Engin
Const ruc eeri tion , & Inc
August 1.2008
TO WHOM IT MAY CONCERN:
On this date all members of the Board of Directors of this Corporation met and adopted
the following resolution:
Be it resolved that Mr. Mark O. Chilton, Mr. Richard C. Chilton and Mr. W. W. Chilton,
111 are hereby authorized to sign and/or execute bid proposals and contracts for any jobs
bid by this corporation.
444 e CiwiZio
Mark O. Chilton, President & Chairman of the Board
c .a
Richard C. Chilton, Director and Secretary
W. W. Chilton, l , ice President
I certify that those listed above constitute a complete listing of the members of the Board
of Directors of RAM Engineering & Construction, Inc.
Subscribed and sworn to before me August 1, 2008
My commissione February 4, 2011
f a.,. ` ,h 2.4Xlc -t--)
Notary Public, State at Large, Kentucky
C • �.�tLv�c-/ �-
Richard C. Chilton, Secretary
cc: Corporate Minute Book
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3208 Woodland Avenue • P.O. Box 11549 • Louisville, KY 40251 . 502!778 - 6484.502/778 -3551 FAX .L.�'>a...