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HomeMy WebLinkAbout10th st and Thomas Bryant Street Project SECTION B -2 AGREEMENT BETWEEN OWNER AND CONTRACTOR AGREEMENT THIS AGREEMENT, made this 23RD day of OCT _ 2013, by and between the Jeffersonville Waste Water Department, 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 10 Street and Thomas Bryant Street Sanitary Sewer 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 within 45 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 $96,500.00 based on the unit prices in the BID schedule. B -202 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) NOTICE TO BIDDERS (B) INFORMATION FOR BIDDERS (C) QUOTE (D) AGREEMENT (E) GENERAL CONDITIONS (F) PAYMENT BOND (G) PERFORMANCE BOND (H) NOTICE OF AWARD (I) NOTICE TO PROCEED (J) CHANGE ORDER (K) DRAWINGS prepared by Jacobi, Toombs & Lanz, Inc., dated September 2013 r' (L) SPECIFICATIONS (M) ALL ADDENDA 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 must pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the OWNER 8. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. B -203 9. This Agreement may be terminated by either the OWNER or the CONTRACTOR, with cause, upon a thirty (3 0) 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: Jeffersonville ' 1 gs J Water Dep ment B Y: - ✓ Mn -- -_ Name: Ak J c e Title: m Date: / / t (SEAL) r ATTES Y: 41111.. Name: Title: cA.k1 1b � 4.4f 8 -204 CONTRACTOR MAC CONSTRUCTION EXCAVATING, INC. BY: Name: TRA IS 0. UNRUH Title: PRESIDENT Address: 1908 UNRUH CT., NEW ALBANY, IN 47150 Date: OCT. 24, 2 013 (SEAL) ATTEST: BY: h--� Name: BRYAN WINSLOW Title: CHIEF ESTIMATOR (2) s -zos