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HomeMy WebLinkAboutRedevelopment Contract for Ohio River Greenway City of Jeffersonville Government Contract Coversheet Please note:All information MUST be completely filled out and submitted to Clerk's Office within 48 hrs of execution. Date Submitted to Clerk: 42-q2-5 I /�j Department: lj4ll e hl-e 1, �I ( Vendor Name: ( i& vitl 0+01 Sign Date: 1)-41 S, Ending Date:, " 1 1 ' 2(�i I Amount of Original Contract: 113' QC 3s7_ , 16 Is this an amendment or change order to original contract? Yes or No Amended Contract Amount: Purpose: (L))11,a /1/13e( OPtei LUI/1 For Clerk's Office to fill out Date uploaded to Gateway: � o--S� AGREEMENT BETWEEN OWNER AND CONTRACTOR This Agreement is made this 01-Irh day of Pnc c;-I , 20 25- , by and between the City of Jeffersonville Redevelopment Commission ("Owner") and Hall Contracting of Kentucky, Inc. ("Contractor"), for the project known as "Ohio River Greenway Project, for City of Jeffersonville" (the "Project"). Owner and Contractor agree as set forth below: 1. THE WORK. The intent of the Agreement is to provide for the construction and completion in every detail of the work described. Contractor shall provide all materials, labor, tools, equipment, supplies, safety equipment, transportation and supervision necessary to perform, and shall perform, the work generally described as follows, in a good and workmanlike manner and in accordance with the Contract Documents (as hereinafter defined) as necessary to produce the results intended by the Contract Documents (all hereinafter called the"Work"). A. SUPERVISION AND CONSTRUCTION PROCEDURES. Contractor shall supervise and direct the Work using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods,techniques, sequences and procedures and for coordinating all portions of the Work. Contractor shall be responsible to Owner for the acts and omissions of Contractor's employees, subcontractors, material suppliers, laborers, equipment lessors and all other persons performing portions of the Work. Contractor shall be responsible for the inspection of Work performed under the Contract Documents to determine that the Work is in proper condition to receive subsequent Work. B. WORKFORCE DRUG POLICY. Each construction employee including subcontractors working under this Contract shall provide written proof of negative results from a 10-panel substance abuse test(s) evaluated by a certified laboratory prior to commencing work on the site. C. LABOR AND MATERIALS. Contractor shall provide and pay for all labor, materials, equipment,tools, construction equipment and machinery,water, utilities,transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. D. SUBCONTRACTORS. Before construction commences, Contractor shall furnish in writing to Owner the names of all persons or entities proposed for each principal portion of the Work and their respective contract sums. Contractor shall not contract with a proposed person or entity to whom Owner has made a reasonable objection. Contractor shall not change a subcontractor, person or entity previously selected if Owner makes reasonable objection to such change. By appropriate agreement, Contractor shall require each subcontractor, to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of the Contract Documents, and to assume toward Contractor all the obligations and responsibilities which Contractor, by the Contract Documents, assumes toward Owner. Each subcontract shall preserve and protect the rights of Owner under the Contract Documents with respect to the Work to be performed by the subcontractor so that subcontracting thereof will not prejudice such rights. Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the subcontractor will be bound. Each subcontract for a portion of the Work is contingently assigned by Contractor to Owner, however, such assignment is effective only after termination of this Agreement by Owner and only for those subcontracts which Owner accepts by notifying the subcontractor in writing. OHIO RIVER GREENWAY PROJECT Page 41 City of Jeffersonville Indiana E. REPRESENTATIONS. Contractor represents and warrants the following to Owner as a material inducement to Owner to execute this Agreement, which representations and warranties shall survive the execution and delivery of this Agreement, any termination of this Agreement, and the final completion of the Work: 1. Contractor is able to furnish the tools, materials, supplies,equipment and labor required to complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so; 2. Contractor has visited the site of the Project and is familiar with the local conditions under which the Work is to be performed and has correlated observations with the requirements of the Contract Documents; and 3. Contractor possesses a high level of experience and expertise in the business administration,construction and superintendence of projects of the size,complexity and nature of the Project involving, among other things, the Work to be performed hereunder, and will perform the Work with the care, skill and diligence of such a contractor. 4. Contractor represents and warrants and the Owner awards this Agreement upon the express warranty of the Contractor that he has not, nor has any other member, representative, agent, or officer of the firm, company, corporation or partnership represented by the Contractor: a. employed or retained any company or person, to solicit or secure this Agreement; b. entered into or offered to enter into any combination, collusion, or agreement to receive or pay and that the Contractor has not received or paid,any fee,commission, percentage, or any other consideration, contingent upon or resulting from the award of and the execution of this Agreement, excepting such consideration and subject to the terms and conditions expressed upon the face of the within Agreement. For a breach or violation of this representation,the Owner shall have the right to cancel this Agreement without liability and to recover, at the election of the Owner, any and all monies or other consideration paid hereunder. F. WARRANTY. Contractor warrants to Owner that the materials and equipment furnished under the Contract Documents shall be of good quality and new unless otherwise required or permitted by the Contract Documents,that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, shall be considered defective. It is understood and agreed that the foregoing warranties shall not affect, limit or impair Owner's right against Contractor with regard to latent defects in the Work which do not appear within the applicable warranty period following acceptance of the Work and which could not, by the exercise of reasonable care and due diligence, be ascertained or discovered by Owner within such warranty period. 2. CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,the Plans and the Specifications identified in Exhibit A attached hereto, and written modifications issued after execution of this Agreement. All references in the Specifications to the"Commissioner"and/or "Department" shall be interpreted to refer and mean the "Owner". All references in the Specifications to the "Engineer" shall be interpreted to refer and mean the Owner or their authorized representative. The Contract Documents form the Contract for Construction and represent the entire and integrated agreement between the parties hereto and supersede any and all prior negotiations, representations or agreements, either written or oral. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between OHIO RIVER GREENWAY PROJECT Page 42 City of Jeffersonville Indiana Owner and any subcontractor or (2) between any persons or entities other than Owner and Contractor. Contractor shall promptly call to the attention of Owner any discrepancy or conflict in the Plans or Specifications that affect its Work. The coordination of the Plans and Specifications shall be in accordance with Section 105.04 of the Standard Specifications. In the event of conflict or discrepancies between and among the Contract Documents. figure dimensions shall take precedence over scale measurements, large scale details shall take precedence over small scale plans or drawings, and plans or drawings of a later date shall take precedence over those of an earlier date. Any part of the Work shown on the Plans but not specifically mentioned in the Specifications, or vice versa, shall be considered as part of the Work as though included in both. Likewise, the Work to be undertaken by Contractor shall include all incidental work necessary as customarily done for the completion of the Project even though it may not be specifically described in the Specifications or Plans. Contractor has carefully studied and compared the Contract Documents with each other and with information furnished by Owner and has reported to Owner all errors, inconsistencies or omissions. Contractor shall have no rights against Owner for errors, inconsistencies or omissions in the Contract Documents unless Contractor recognized such error, inconsistency or omission and reported it prior to the date of this Agreement. Contractor shall perform no construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents. Contractor warrants and represents to Owner that the Plans and Specifications for the Work are suitable and adapted for said Work and agrees that it will perform the Work and complete the same to the satisfaction of Owner. 3. CONTRACT SUM AND PAYMENTS. Owner agrees to pay Contractor for the performance of the Work,for the actual amount of work done and materials in place as measured by the Owner, at the unit prices submitted by the Contractor on the Itemized Proposal dated January 24, 2025 (`Contract Sum"). which is attached hereto and made a part of this Agreement. The Contract Sum, including authorized adjustments, is the total amount payable by Owner to Contractor for performance of the Work under the Contract Documents. In determining the Contract Sum, Contractor has taken into account the level of completeness of the Contract Documents and has exercised its best skill and efforts to make (1) appropriate judgments and inferences in connection with the requirements of the Contract Documents, and (2) all inquiries to clarify the Contract Documents as necessary to calculate and establish the Contract Sum. A. APPLICATIONS FOR PAYMENT. All payments provided herein are subject to funds as provided by Owner and the laws of the State of Indiana. The Owner shall make payments on account of the Agreement, upon acceptance of Application for Payment for labor and materials incorporated in the Work at the rate of Ninety-Seven percent(97%) of such value of the Work until the Work is substantially completed. The Contractor will be paid Ninety- Seven percent (97%) of the monthly estimate. the remaining three percent (3%) will be retained by the Owner. No partial payment will be made nor estimates submitted when the total value of the Work done since the last estimate amounts to less than $500.00. Any amount withheld as retainage by the Owner will be held until the final completion and acceptance of the work and will be paid with final payment. Progress payments will be due on the first day of the month and will be paid monthly. At least ten (10) days before the date established for each progress payment, Contractor shall submit to Owner an itemized Application for Payment for operations completed in accordance with the Progress Schedule. Such Application for Payment shall be supported by such data substantiating Contractor's right to payment as Owner may require, such as copies of requisitions from subcontractors and material suppliers. Before the first Application for Payment, Contractor shall submit to Owner a proposed Progress Schedule allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as Owner may require. This Progress OHIO RIVER GREENWAY PROJECT Page 43 City of Jeffersonville Indiana Schedule, once approved by Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. Owner reserves the right to inspect the Project and approve the progress of Work completed to the date of the Application for Payment. If requested by Owner prior to making said payment, Contractor shall submit to Owner an Affidavit and partial Waiver of Lien, and/or partial waivers from subcontractors and material suppliers, in form and content satisfactory to Owner, stipulating that all costs for labor and materials incurred in the previous month have been paid to subcontractors, material suppliers, laborers and equipment lessors. An Application for Payment shall not include requests for payment of amounts Contractor does not intend to pay to a subcontractor or material supplier. In no instance shall payments exceed Ninety-Seven percent(97%)of the net value of stored materials or equipment. The requirements for storage and payment for such designated materials shall follow the requirements of the Contract Documents. B. PAYMENT OF SUBCONTRACTORS. The Contractor agrees to assume and does assume full and exclusive responsibility for the payment of subcontractors in compliance with Ind. Code § 36-1-12-13. The Agreement is expressly made an obligation covered by the Contractor's Payment Bond and Performance Bond obligation. The obligation of the surety shall not in any way be affected by the bankruptcy, insolvency, or breach of contract of the Contractor. The making of an incorrect certification by the Contractor shall be considered a substantial breach of contract on the part of the Contractor. Based on a breach of contract, the Owner may, in addition to all other remedies, withhold all payments not yet made and recover all payments previously made less that amount which has actually been paid to subcontractors by the Contractor. The obligation is hereby created on the part of the Contractor to return all such payments previously made in such case. Upon receipt of a progress payment,Contractor shall pay promptly all valid bills and charges for materials, equipment, labor and other costs in connection with or arising out of the Work and will hold Owner free and harmless from and against all liens and claims of liens for such materials, equipment, labor and other costs, or any of them, filed against the Project or the site, or any part thereof, and from and against all expenses and liability in connection therewith including, but not limited to, court costs and attorneys' fees. Should any lien or claim of lien be filed of record against the Project or the site, or should Owner receive notice of any claim or of any unpaid bill in connection with the Work, Contractor shall forthwith either pay or discharge the same and cause the same to be released of record or shall furnish Owner with appropriate indemnity in form and amount satisfactory to Owner. C. WITHHOLDING OF PAYMENT. If any claim or lien is made or filed with or against Owner, the Project, the real estate, or contract proceeds by any person claiming that Contractor or any subcontractor or any person for whom Contractor is liable has failed to make payment for labor, services, materials, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work, or if at any time there shall be evidence of such non-payment or of any claim or lien which is chargeable to Contractor, or if Contractor or any subcontractor or other person for whom Contractor is liable causes damages to the Work, or if Contractor fails to perform or is otherwise in default under any of the terms or provisions of the Contract Documents, Owner shall have the right to retain from any payment then due or thereafter to become due an amount which it deems sufficient to (1) satisfy, discharge and/or defend against such claim or lien or any action which may be brought or judgment which may be recovered thereon, (2) make good any such non- payment, damage, failure or default, and (3) compensate Owner for and indemnify him against any and all losses, liability,damages,costs,and expenses,including attorneys'fees and disbursements which may be sustained or incurred in connection therewith. Owner shall have the right to apply and charge against Contractor so much of the amount retained as may be required for the foregoing purposes. If the amount retained is insufficient therefore, Contractor shall be liable for the difference. OHIO RIVER GREENWAY PROJECT Page 44 City of Jeffersonville Indiana If Owner withholds any payment, partial or final, from Contractor, Owner may, but shall not be obligated or required to, make direct or joint payment on behalf of Contractor for any part or all of such sums due and owing to said subcontractors, material suppliers, equipment lessors and/or laborers for their labor, materials or equipment furnished to the Project, not to exceed the Contract Sum remaining due and owing to Contractor, and charge all such direct payments against the Contract Sum; provided, however, that nothing contained in this paragraph shall create any personal liability on the part of Owner to any subcontractor, material supplier, equipment lessor or laborer, or any direct contractual relationship between Owner and them. D. FINAL PAYMENT. When the Contractor completes the work in accordance with the Contract Documents and in an acceptable matter as determined by the Engineer, the Contractor will prepare a final estimate for the work performed and will furnish the Engineer with a copy of the final estimate. Final payment shall not become due until Contractor submits (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which Owner or Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2)a certificate evidencing that insurance required by the Contract Documents will remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to Owner, (3) a written statement that Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, and (5)affidavit and waiver of liens from all subcontractors, material suppliers and equipment suppliers used in the prosecution of the work. The Engineer, acting on behalf of the Owner, will then certify to the Owner's duly appointed representative the balance due the Contractor and the certificate will be deemed evidence of final acceptance of the completed Agreement by the Owner. Owner will make final payment to the Contractor within one hundred eighty (180) days after final acceptance and completion of the Agreement. However,final payment may not be made on any amount that is in dispute, but final payment may be made on the part of the Contract Sum or those amounts not in dispute. Acceptance of final payment by Contractor shall constitute a waiver of claims by Contractor except those previously made in writing and identified by Contractor as unsettled at the time of final payment. E. INTEREST. Unless otherwise expressly provided in the Contract Documents, payments due to Contractor under the terms of the Contract Documents and unpaid shall bear no interest and Contractor shall be entitled to no interest, statutory or otherwise. In the event Owner is entitled to withhold payment under the Contract Documents, or in the event of a good faith dispute between Owner and Contractor, no interest shall accrue. 4. DATE OF COMMENCEMENT AND COMPLETION. Contractor shall commence its Work promptly upon receipt of written notice from Owner to proceed with the Work, and Contractor shall achieve Substantial Completion of the project by November 1, 2025 and Final Completion by April 1, 2026, subject to adjustments authorized by Owner ("Contract Time"). The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. Time limits stated in the Contract Documents are of the essence of this Agreement. By executing this Agreement, Contractor confirms that the Contract Time is a reasonable period for performing the Work. Contractor shall not knowingly,except by agreement or instruction of Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by the Contract Documents. A. COMMENCEMENT. It is not incumbent upon Owner to notify Contractor when to begin (other than the notice to proceed), cease or resume Work, to give early notice of the rejection of faulty Work, nor in any way to superintend so as to relieve Contractor of OHIO RIVER GREENWAY PROJECT Page 45 City of Jeffersonville Indiana responsibility or of any consequence of neglect or carelessness by Contractor or its subordinates. All materials and labor shall be furnished at such time as shall be for the best interest of all trades concerned, to the end that the combined Work of all may be properly and fully completed in accordance with the progress schedule. 5. MISCELLANEOUS PROVISIONS A. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Indiana. B. SUCCESSORS AND ASSIGNS. Owner and Contractor respectively bind themselves, their successors, assigns and legal representatives to the other party hereto in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to this Agreement shall assign this Agreement without the written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under this Agreement. C. WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. D. RIGHTS AND REMEDIES. Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. No act or failure to act by Owner or Contractor shall constitute a waiver of a right or duty afforded them under this Agreement, nor shall such action or failure to act constitute approval of or acquiescence thereunder. OHIO RIVER GREENWAY PROJECT Page 46 City of Jeffersonville Indiana IN WITNESS WHEREOF, the Contractor does hereby accept the foregoing agreement and has hereunder set his hand this 12th day of March , 20 25 Contractor: Hall Contracting of Kentucky, Inc. (Business Name) By: (Signature) Marty Sabla (Printed) Senior Project Manager/Estimator ken-4-uc ki (Title) STATE OF INDI14441A SS: COUNTY OF Zee-P-Fc rSOfl ) Before me, the undersigned notary public, on this 12 day of 1�AS C f , 20 2.Pi , personally appeared i\ MAI c 1' e,LA as Contractor and being duly sworn, acknowledged the execution of the above Agreement. iyaatPAMELA SUE HASTINGS , NOTARY PUBLIC STATE AT LARGE (Notary Public-Signature) SEAL KENTUCKY COMMISSION KYNP85728 am a(Q S. 14K 5-f' ,MY EXPIRES FEORUARY 19,2028 (JJ`"�� (Notary Public-Printed) My Commission Expires: 24 1'1 I2T . Residing in ��.(�e•e ) County. IN WITNESS WHEREOF, the Owner dogs hereby accept the foregoing agreement and has hereunder set his hand this 21- day of �lu_L t_ , 20 By: 7ete L (Signature) (Signature) (Signature) STATE OF INDIANA SS: COUNTY OF G/ 2K Before me, the undersigned,notary public, on thisc day of /27/9Cc_V/ , 20.-�� , personally appeared ,4 9LLJX//tX.S as Owner and being duly sworn, acknowledged the execution of the above Agreement. CHRISTY M O'NEIL Seal Notary Public-State of Indiana Clark County (Note Public-Signature) SRN_ My Commission Expires May 9,2026 LIC#NP0713339 eh/7 6.& ecth/I Lary Public-Printed) My Commission Expires: _679/..9?,(L.V0 Residing in :eK County. OHIO RIVER GREENWAY PROJECT Page 47 City of Jeffersonville Indiana EXHIBIT A THE PLANS AND SPECIFICATIONS Item Date Prepared By Standard Specifications 2024 Indiana Department of Transportation Standard Drawings 2024 or Latest Date Indiana Department of Transportation General Provisions December 29, 2024 Egis Group Special Provisions December 29, 2024 Egis Group Plans December 29, 2024 Egis Group OHIO RIVER GREEN WAY PROJECT Page 48 City of Jeffersonville Indiana OHIO RIVER GREEN WAY Date:1/24/2025 ITEMIZED PROPOSAL NO. 1 OF 3 Addendum#3 PAY ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL 1 CONSTRUCTION ENGINEERING 1 L.S. $ 35,071.88 $ 35,071.88 2 MOBILIZATION AND DEMOBILIZATION 1 L.S. $ 273,942.25 $ 273,942.25 3 CLEARING RIGHT-OF-WAY 1 L.S. $ 42,965.39 $ 42,965.39 4 STRUCTURES AND OBSTRUCTIONS,REMOVE 1 L.S. $ 6,286.39 $ 6,286.39 5 PAVEMENT REMOVAL 127 S.Y. $ 46.99 $ 5,968.19 6 PRESENT STRUCTURE,REMOVE,STRUCTURE NO.200 1 L.S. . $ 11,143.24 $ 11,143.24 7 SIDEWALK CONCRETE,REMOVE 663 S.V. S. 17.80 $ 11,802.00 8 SIGN,REMOVE 1 EACH $ 206.40 $ 206.40 9 EXCAVATION,COMMON 265 C.Y. $ • 138.88 $ 36,802.63 10 BORROW 925 • C.Y. $ 97.50 $ 90,189.92 11 STORM WATER MANAGEMENT BUDGET $64,000 $ $ 1.00 $ 64,000.00 12 STORMWATER MANAGEMENT IMPLEMENTATION 1 L.S. $ 29,576.48 $ 29,576.48 13 SWQCP PREPARATION 1 L.S. $ 4,649.38 $ 4,649.38 14 SUBGRADE TREATMENT,TYPE II 2644 S.Y. $ 40.43 $ 106,908.54 15 STRUCTURE BACKFILL,TYPE 1 9 C.Y. $ 239.34 $ 2,154.09 16 COMPACTED AGGREGATE,NO.8 31 C.Y. $ 97.53 $ 3,023.55 17 COMPACTED AGGREGATE,NO.53 3399 C.Y. $ 46.91 $ 159,453.68 18 COMPACTED AGGREGATE,NO.53 175 TON $ 34.80 $ 6,090.22 19 PCCP,6 IN. 1856 S.Y. $ 92.09 $ 170,919.04 20 PCCP,4 IN. 3 S.Y. $ 326.40 $ 979.20 21 RAILING ORNAMENTAL 741 L.F. $ 346.33 $ 256,631.53 22 RAILING ORNAMENTAL,REMOVABLE 12 L.F. $ 357.35 $ 4,288.18 23 SIDEWALK,CONCRETE 5 S.Y. $ 195.84 $ 979.20 24 STAMPED CONCRETE SIDEWALK 61 S.Y. $ 216.46 $ 13,203.80 25 CURB RAMP,CONCRETE 20 S.Y. $ 478.51 $ 9,570.30 OHIO RIVER GREENWAY Date:1/24/2025 ITEMIZED PROPOSAL NO. 2 OF 3 Addendum#3 PAY ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL 26 DETECTABLE WARNING SURFACES 4 S.Y. $ 96.48 $ 385.93 27 CURB,REMOVE 172 L.F. $ 30.81 $ 5,299.54 28 CURB,CONCRETE 185 L.F. $ 61.81 $ 11,435.42 29 CURB,CONCRETE,MODIFIED 512 L.F. $ 55.44 $ 28,386.99 30 CURB,CONCRETE,DEPRESSED 8 L.F. $ 157.46 $ 1,259.64 T 31 WILDLIFE RAMP . 2 C.Y. $ 2,598.17 $ 5,196.34 32 HMA FOR APPROACHES,TYPE B 23 TON $ 274.59 $ 6,315.63 33 BENCHMARK POST,RESET 1 EACH $ 940.63 $ 940.63 34 RIPRAP,CLASS 1 340 TON $ 59.45 $ 20,211.94 35 RIPRAP,REVETMENT 1721 TON $ 51.93 $ 89,372.87 36 RIPAP FOR WILDLIFE PATH 88 TON $ 83.88 $ 7,381.17 37 COIR ROLL 846 L.F. $ 24.69 $ 20,890.85 38 GEOTEXTILE FOR RIPRAP,TYPE 2A 6128 S.Y. $ 3.24 $ 19,885.14 39 BENCH 2 EACH $ 2,158.06 $ 4,316.13 40 TRASH RECEPTACLE 1 EACH $ 1,875.88 $ 1,875.88 41 MOBILIZATION AND DEMOBILIZATION FOR SEEDING 4 EACH $ 571.09 $ 2,284.38 42 PERMANENT TURF REINFORCEMENT MAT 412 S.Y. $ 21.83 $ 8,992.38 43 SEED MIXTURE,FLOODPLAIN 5 LBS $ 241.88 $ 1,209.38 44 SIGN,"DO NOT SPRAY" 8 EACH $ 169.45 $ 1,355.58 45 PLANT,DECIDUOUS TREE,SINGLE STEM,1.25 IN.TO 2 IN. 86 EACH $ 512.19 $ 44,048.13 46 FIELD OFFICE,TYPE A 9 MONTH $ 2,111.18 $ 19,000.63 47 CONCRETE,B,FOOTINGS 6 C.Y. $ 915.33 $ 5,491.96 48 RAILING 12 L.F. $ 357.35 $ 4,288.18 49 PIPE,TYPE 1,CIRCULAR,DIAMETER 18 IN. 85 L.F. $ 98.34 $ 8,358.99 OHIO RIVER GREENWAY Date:1/24/2025 ITEMIZED PROPOSAL NO. 3 OF 3 Addendum#3 PAY ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL 50 PIPE END SECTION,DIAMETER 18 IN. 6 EACH $ 2,075.00 $ 12,450.01 51 CUT WALL,NO.1 AND 2 1810 S.F. $ 691.60 $ 1,251,803.10 52 CONSTRUCTION SIGN,TYPE A 8 EACH $ 242.55 $ 1,940.38 53 CONSTRUCTION SIGN,TYPE B 7 EACH $ 218.07 $ 1,526.50 54 MAINTAINING TRAFFIC 1 L.S. $ 25,364.63 $ 25,364.63 55 BARRICADE,TYPE III-A 36 L.F. $ 23.08 $ 830.98 56 BOLLARD 43 EACH $ 610.50 $ 26,251.50 57 SIGN,GROUND MOUNTED,RESET 1 EACH $ 295.63 $ 295.63 58 TRAILHEAD SIGN 1 EACH $ 3,090.63 $ 3,090.63 59 TRAILHEAD DIRECTIONAL AND REGULATORY SIGNS 4 EACH $ 1,377.34 $ 5,509.38 60 LIGHT POLE,STEEL,REMOVE 6 EACH $ 1,846.96 $ 11,081.75 61 TRANSVERSE MARKING,THERMOPLASTIC,CROSSWALK LINE 56 L.F. $ 50.77 $ 2,843.38 62 LINE,PAINT,SOLID,WHITE,4 IN. 108 L.F. $ 2.43 $ 262.09 63 Not Used 0 L.F. $ - $ 64 Structure 201 Remove 1 EACH $ 11,143.24 $ 11,143.24 TOTAL BID $ 3,019,382.15 ITEMIZED PROPOSAL Total Unit Price Bid Amount(Base Bid Only) e--- f'}°It 11rvhl Nrpsch.cu t"(tio 5rkevl rt,at 4-1_c,,cefk. 4/ „.34f.0 --ta.0 404.6.5 (in wows) $ _ 30l� 3 Ga. /s— (in numbers) Bidder: Hall Contracting of Kentucky, Inc. Submitted By: Roscoe Willi Signature: Address: 0 Crittenden Drive Louisville, KY 40209 Telephone: 502-367-6151 Date: 02/04/2025 OHIO RIVER GREENWAY PROJECT Page 19 PERFORMANCE BOND Bond No. 108209643 KNOW ALL BY THESE PRESENTS, that the undersigned: Name of Contractor: Hall Contracting of Kentucky, Inc. Address of Contractor: 3800 Crittenden Drive, Louisville, KY 40209 hereinafter called the Principal, and Name of Surety: Travelers Casualty and Surety Company of America Address of Surety: One Tower Square, Hartford,CT 06183 hereinafter called the Surety, are held and firmly bound unto Name of Owner City of Jeffersonville, Indiana Address of Owner: 500 Quartermaster Court,Jeffersonville,IN 47130 hereinafter called the Owner, in the penal sum of an amount equal to one hundred (100) percent of the amount of the Principal's Bid, for the payment of which sum, well and truly to be made, the Principal and the Surety, bind themselves,their subcontractors, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the Owner, dated the 12th day of March , 20 25 , a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall well,truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions of the Agreement during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period. and if it shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that a modification, omission or addition to the terms and conditions of the Agreement, a defect in the Agreement, or a defect in the proceedings preliminary to the letting and awarding of the Agreement, does not discharge Surety or in any way affect its obligation on this Performance Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work. PROVIDED, FURTHER, that no final settlement between the Owner and the Principal shall abridge the right of any other beneficiary hereunder, whose claim may be unsatisfied. OHIO RIVER GREENWAY PROJECT Page 49 City of Jeffersonville Indiana IN WITNESS WHEREOF, the Principal and the Surety have set their respective hands and seals, and as representatives of their respective entities have caused their appropriate seals to be affixed and signed by their proper officers, this 12th day of March , 20 25 . Principal: Hall Contracting of Kentucky, Inc. (Business Name) By: �¢r'177 (Signature) r �lSf9� rinted) t v1 V v v' yv I e-,G .l� L (Title STATE OF I<'YI+(ILG ky ) SS: COUNTY OF Jefferson ) Before me, the undersigned notary public, on this I2,t day of MAK-C H , 20 2S , personally appeared M TV/ 5/k6 L as principal and being duly sworn, acknowledged the execution of the/ above Performance :. d. PAMELAO SUE HPUBLIC /,/ ,.( 44(trtdiee NOTARY PUBLIC 1,��1' STATE AT LARGE KENTUCKY P (Notary Public-S nature) SEAL COMMISSION X KYNP85726 /f me la �, 'yg�' MY COMMISSION EXPIRES FEBRUARY 19,2028 vl (}' (Notary Public- ranted) My Commission Expires: a fq A . Residing in je-crejESOVI County. Travelers Casualty and Surety Company Surety: of erica (Busine-• ame ).: --tgo4o)16a ( . Sign- Thomas J. Mitchell (Printed) Attorney-In-Fact (Title) STATE OF KENTUCKY SS: COUNTY OF Jefferson Before me, the undersigned notary public, on this 12th day of March 20 25 personally appeared Thomas J. Mitchell as surety and being duly sworn, acknowledged the execution of the above Performance Bond. 3,..\_„//44/6 otary Public-Signature) SEAL Kevin H. Bowling (Notary Public-Printed) My Commission Expires. January 18,2027 Residing in Jefferson County. OHIO RIVER GREENWAY PROJECT Page 50 City of Jeffersonville Indiana PAYMENT BOND Bond No. 108209643 KNOW ALL BY THESE PRESENTS, that the undersigned: Name of Contractor: Hall Contracting of Kentucky, Inc. Address of Contractor: 3800 Crittenden Drive,Louisville, KY 40209 hereinafter called the Principal, and Name of Surety: Travelers Casualty and Surety Company of America Address of Surety: One Tower Square, Hartford,CT 06183 hereinafter called the Surety, are held and firmly bound unto Name of Owner City of Jeffersonville,Indiana Address of Owner: 500 Quartermaster Court,Jeffersonville, IN 47130 hereinafter called the Owner, in the penal sum of an amount equal to one hundred (100) percent of the amount of the Principal's Bid,for the payment of which sum, well and truly to be made. the Principal and the Surety, bind themselves, their subcontractors, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents for the payment of all indebtedness to any person for labor or service performed, material furnished or services rendered. This Payment Bond is for the benefit of the subcontractors, laborers, material suppliers and those performing services for the Project. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the Owner, dated the 12th day of March , 20 25 , a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall promptly make payment to and for the benefit of all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work for the Project provided for in the Agreement, and any authorized extension or modification thereof, including all amounts due for materials, lubricants,fuel, power, repairs on machinery,equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whereby subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. This Bond shall adhere to the requirements of Ind. Code § 36-1-12-13.1. PROVIDED. FURTHER, that the Surety, for value received hereby stipulates and agrees that a modification, omission or addition to the terms and conditions of the Agreement, a defect in the Agreement, or a defect in the proceedings preliminary to the letting and awarding of the Agreement does not discharge the Surety and shall not affect its obligation on this Payment Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work. PROVIDED, FURTHER, that the Surety of this Payment Bond will not be released until one (1) year after the Owner's final settlement with the Principal. OHIO RIVER GREENWAY PROJECT Page 51 City of Jeffersonville Indiana IN WITNESS WHEREOF, the Principal and the Surety have set their respective hands and seals, and as representatives of their respective entities have caused their appropriate seals to be affixed and signed by their proper officers. this 12th day of March , 20 25 Principal: Hall Contracting of Kentucky, Inc. (Business Name) By: �y (Sig ure - fr(Punted) (Title)d -J STATE OF ken-I-v-( ) SS: COUNTY OF Se. elf$Ofl ) Before me, the undersigned notary public. on this'Z*day of fr`Aaz.r' 20 -S" , personally appeared Iv,42i'V SI46LA as principal and being duly sworn, acknowledged the execution of the .i s - ••/� , :,.I.S PAMELA S E • NOTARY PUBLIC STATE AT LARGE ter. " KENTUCKY ' COMMISSION N KYNP85726 (Notary Public-Signature) SEAL MY COMMISSION EXPIRES FEBRUARY 19,2028 Paxv'eja S 4ns (Notary Public-Printed) My Commission Expires: Z/(ei(2Q2 . Residing in Te _se-wl County. Travelers Casualty and Surety Company Surety: o A erica (Rusin s ame) Y� (Sig ur Thomas J. Mitchell (Printed) Attorney-In-Fact (Title) STATE OF KENTUCKY SS: COUNTY OF Jefferson Before me, the undersigned notary public, on this 12th day of March , 20 25 , personally appeared Thomas J. Mitchell as surety and being duly sworn, acknowledged the execution of the above Payment Bond. (Notary Public-Signature) SEAL Kevin H. Bowling (Notary Public-Printed) My Commission Expires: January 18,2027 Residing in Jefferson County. OHIO RIVER GREENWAY PROJECT Page 52 City of Jeffersonville Indiana Travelers Casualty and Surety Company of America .tA. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Andrea Cortes,Elizabeth Dawson,William A.Kantlehner III, William A.Kantlehner IV,Ryan P.Mitchell,Thomas J.Mitchell,S.Annette Mullet,Christopher E.von Allmen,Andrew O.Mucci,Kevin H.Bowling, Adam Terry,and Andrew G.Windhorst Jr.of Louisville,Kentucky their true and lawful Attomey(s)-in-Fact tosign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies, business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed,this 21st day of April, 2021. swiEir�• �tV 44 y�Rf 9 a'.. CONN. 101 Emil, d ORD�o + CL n IAA State of Connecticut "_;,•. a��.•° oy `_M lope .°. """` Robert . Raney, Senior Vice President City of Hartford ss. On this the 21st day of April, 2021, before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of each of the Companies, and that he. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ftow,\ fiOTANY My Commission expires the 30th day of June. 2026 <; a z is 3 a;/-4 .19%-d Anna P. Nowik, Notary Public t.: y This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President, any Vice Chairman,any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking. and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED. that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed (under seal, if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary. and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes,the undersigned,Assistant Secretary of each of the Companies,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of �v _�.� �,SI.RET•......, `,f P' It Y 4Nrf yyy ^ ,„ HART%ORD,.<I W f H:',M.FORO.}i t CHOW( CONN. .* - COMW. Kevin E. Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. AC� DATE(MM DD YYYY) CERTIFICATE OF LIABILITY INSURANCE 3/12/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Beth Jost Arthur J. Gallagher Risk Management Services, LLC PHONE 502 415 7041 FAX 1601 Alliant Ave (A c.No.Ex* (A C.No) Louisville KY 40299 ADDRESS: beth jost@ajg.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company 20443 INSURED INSURER B:National Fire Insurance Co of Hartford 20478 Hall Contracting of Kentucky, Inc. 3800 Crittenden Drive INSURER C:AGCS Marine Insurance Company 22837 Louisville KY 40209 INSURER D:Continental Insurance Company 35289 INSURER E: Kentucky AGC Self Insurors Fund INSURER F: COVERAGES CERTIFICATE NUMBER:1036456969 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMM/DD/YYYY) (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y 7014925184 6/1/2024 6/1/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $500,000 MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y BUA 7014925296 6/1/2024 6/1/2025 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS y HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY i AUTOS ONLY (Per accident) D X UMBRELLA LIAB X OCCUR Y CUE 7014921779 6/1/2024 6/1/2025 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$1n flrlrl $ E WORKERS COMPENSATION 23352 1/1/2025 1/1/2026 X AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANYPROPRIETOR,PARTNER/EXECUTIVE E.L.EACH ACCIDENT $4,500,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $4,500,000 If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $4,500,000 C Leased/Rented Equip MXI 93053571 6/1/2024 6/1/2025 Per Item $1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached it more space is required) Certificate holder is additional insured as required by written contract per:General Liability CNA75079 10/16, Commercial Auto CNA63359 4/12 Certificate holder is afforded a waiver of subrogation as required by written contract per:General Liability CNA74705 1/15, Commercial Auto CNA63359 4/12. If required by written contract,this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured per:General Liability CNA75079 10/16,Commercial Auto CNA63359 4/12.Policies requires a 30 day notice of cancellation.except in the case of non payment which is 10 days. Umbrella policy is follow form of the underlying policies.No boom and overload exclusion. Ohio River Greenway Extension. JTL Prime and Engineer(BLN-Egis Group)are additional insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Jeffersonville Redevelopment Commission United States of America AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016'03) The ACORD name and logo are registered marks of ACORD