HomeMy WebLinkAboutOttenweller Contracting LLC (Downtown WWTP Fine Screening System) 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: 2/5/2026
Department: Wastewater
Vendor Name: Ottenweller Contracting, LLC
4 2/5/2026
Sign Date:
Ending Date: 2/28/2027
Amount of Original Contract: $1,855,000
Is this an amendment or change order
to original contract?
Amended Contract Amount:
Purpose:
Construct Fine Screening system at the
Downtown WWTP.
For Clerk's Office to fill out !'J /�� /�
Date uploaded to Gateway: /( G2�-f"
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
This Agreement is by and between City of Jeffersonville Sewer Board("Owner")and Ottenweller
Contracting,LLC ("Contractor").
Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary
Conditions.
Owner and Contractor hereby 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: furnishing, installing, and commissioning a new wet-weather
screening system at Jeffersonville's Downtown WWTP with flow measurement, modifications to
the existing conveyance piping, site work and grading, and all associated electrical and controls.
ARTICLE 2—THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as
follows: Downtown WWTP Wet-Weather Screening Project
ARTICLE 3—ENGINEER
3.01 The Owner has retained Lochmueller Group, Inc. ("Engineer") to act as Owner's representative,
assume all duties and responsibilities of Engineer, and have the rights and authority assigned to
Engineer in the Contract.
3.02 The part of the Project that pertains to the Work has been designed by the Engineer.
ARTICLE 4—CONTRACT TIMES
4.01 Time is of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Contract Times: Days
A. The Work will be substantially complete within 290 days after the date when the Contract
Times commence to run as provided in Paragraph 4.01 of the General Conditions, and
completed and ready for final payment in accordance with Paragraph 15.06 of the General
Conditions within 350 days after the date when the Contract Times commence to run.
4.05 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above
and that Owner will suffer financial and other losses if the Work is not completed and
Milestones not achieved within the Contract Times, as duly modified. 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.
EJCDC®C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price).
Copyright'2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 1 of 6
Accordingly, instead of requiring any such proof, Owner and Contractor agree that as
liquidated damages for delay(but not as a penalty):
1. Substantial Completion: Contractor shall pay Owner$1,000 for each day that expires after
the time (as duly adjusted pursuant to the Contract) specified above for Substantial
Completion, until the Work is substantially complete.
2. Completion of Remaining Work: After Substantial Completion,if Contractor shall neglect,
refuse,or fail to complete the remaining Work within the Contract Times(as duly adjusted
pursuant to the Contract)for completion and readiness for final payment,Contractor shall
pay Owner$500 for each day that expires after such time until the Work is completed and
ready for final payment.
3. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and
final completion are not additive,and will not be imposed concurrently.
B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such
liquidated damages are Owner's sole and exclusive remedy for such delay, and Owner is
precluded from recovering any other damages,whether actual,direct,excess,or consequential,
for such delay,except for special damages(if any) specified in this Agreement.
ARTICLE 5—CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents,the amounts that follow, subject to adjustment under the Contract:
A. For all Work,at the prices stated in Contractor's Bid, attached hereto as an exhibit.
ARTICLE 6—PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 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 make progress payments on the basis of Contractor's Applications for Payment on
or about the last day of each month during performance of the Work as provided
in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been
submitted in a timely manner and otherwise meet the requirements of the Contract. All such
payments will be measured by the Schedule of Values established as provided in 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 elsewhere in the Contract.
1. Prior to Substantial Completion,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 Owner may withhold,including but not limited to liquidated
damages, in accordance with the Contract.
a. 95 percent of the value of the Work completed(with the balance being retainage).
B. Upon Substantial Completion,Owner shall pay an amount sufficient to increase total payments
to Contractor to 100 percent of the Work completed, less such amounts set off by Owner
pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer's
EJCDC®C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price).
Copyright`'2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 2 of 6
estimate of the value of Work to be completed or corrected as shown on the punch list of items
to be completed or corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the
Contract Price in accordance with Paragraph 15.06 of the General Conditions.
6.04 Consent of Surety
A. Owner will not make final payment,or return or release retainage at Substantial Completion or
any other time,unless Contractor submits written consent of the surety to such payment, return,
or release.
6.05 Interest
A. All amounts not paid when due will bear interest at the rate of 0 percent per annum.
ARTICLE 7—CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of all of the following:
1. This Agreement.
2. Bonds:
a. Performance bond(together with power of attorney).
b. Payment bond(together with power of attorney).
3. General Conditions.
4. Supplementary Conditions.
5. Specifications as listed in the table of contents of the project manual(copy of list attached).
7. Drawings.
8. Addenda.
9. The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
e. Warranty Bond, if any.
B. The Contract Documents listed in Paragraph 7.01.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 7.
D. The Contract Documents may only be amended, modified, or supplemented as provided in the
Contract.
EJCDC®C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price).
Copyrights 2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 3 of 6
ARTICLE 8—REPRESENTATIONS,CERTIFICATIONS,AND STIPULATIONS
8.01 Contractor's Representations
A. In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
1. Contractor has examined and carefully studied the Contract Documents, including
Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and
adjacent areas, and become familiar with the general, local, and Site conditions that may
affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and
performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface
conditions at or adjacent to the Site and the drawings of physical conditions relating to
existing surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, with respect to the Technical Data in such reports and
drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous
Environmental Conditions,if any,at or adjacent to the Site that have been identified in the
Supplementary Conditions,with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information
commonly known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Contract Documents; and the Technical
Data identified in the Supplementary Conditions or by definition,with respect to the effect
of such information, observations, and Technical Data on (a)the cost, progress, and
performance of the Work; (b)the means,methods,techniques, sequences, and procedures
of construction to be employed by Contractor;and(c)Contractor's safety precautions and
programs.
7. Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no 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.
8. 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.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and of
discrepancies between Site conditions and the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
11. Contractor's entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon
performing and furnishing the Work required by the Contract Documents.
EJCDC®C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price).
Copyrights 2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 4 of 6
8.02 Contractor's Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract.For the purposes of this Paragraph 8.02:
I. "corrupt practice"means the offering, giving, receiving, or soliciting of anything of value
likely to influence the action of a public official in the bidding process or in the Contract
execution;
2. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence
the bidding process or the execution of the Contract to the detriment of Owner, (b) to
establish Bid or Contract prices at artificial non-competitive levels,or(c)to deprive Owner
of the benefits of free and open competition;
3. "collusive practice" means a scheme or arrangement between two or more Bidders, with
or without the knowledge of Owner, a purpose of which is to establish Bid prices at
artificial, non-competitive levels;and
4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons
or their property to influence their participation in the bidding process or affect the
execution of the Contract.
8.03 Standard General Conditions
A. Owner stipulates that if the General Conditions that are made a part of this Contract are
EJCDC®C-700,Standard General Conditions for the Construction Contract(2018),published
by the Engineers Joint Contract Documents Committee, and if Owner is the party that has
furnished said General Conditions, then Owner has plainly shown all modifications to the
standard wording of such published document to the Contractor, through a process such as
highlighting or"track changes"(redline/strikeout), or in the Supplementary Conditions.
EJCDC®C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price).
Copyrights 2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 5 of 6
IN WITNESS WHEREOF,Owner and Contractor have signed this Agreement.
This Agreement will be effective on 6bN``'1 5i 2,007!x (which is the Effective Date
of the Contract).
Owner: Contractor:
City of Jef 'r s ille Sew'i Board Ottenweller Contracting, LLC
(typed or pri •1 rme of o ga ation) (ty.ed O.r p nted nam• . organization)
By: By: r
( dividual's signal re) R._. (indivi.ua s sign re) -Date: glriaoglo Date: A U tt,,rl Oa"I A c),,
(date signed) (date igned)
Name: Mike Moore Name: Ryan Ottenweller
(typed or printed) (typed or printed)
Title: Mayor Title: President
(typed or printed) (typed or printed)
(If/Type of Entity!is a corporation.a partnership.or a
joint venture, att h evidence authority to si .)
Attest: Attest:
(indi al's signature) (indivi ual's signature)
Title: jCQC n ce .A/7G Title: Office Manager
(typed or printed) U (typed or printed)
Address for giving notices: Address for giving notices:
500 Quartermaster Court 1220 Edsall Avenue
Jeffersonville, IN 47130 Fort Wayne, IN 46803
Designated Representative: Designated Representative:
Name: Len Ashack Name: Ryan Ottenweller
(typed or printed) (typed or printed)
Title: Director- Wastewater Dept. Title: President
(typed or printed) (typed or printed)
Address: Address:
423 Lewman Way 1220 Edsall Avenue
Jeffersonville, IN 47130 Fort Wayne, IN 46803
Phone: 812-285-6451 Phone: 260-484-9183
Email: lashack@cityofjeff.net Email: ryan.ottenweller@ottenweller.com
(If/Type of Entity)is a corporation. attach evidence of License No.:
authority to sign. If/Type of Entity!is a public body.
attach evidence of authority to sign and resolution or (where applicable)
other documents authorizing execution of this
Agreement.) State:
EJCDC®C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price).
Copyrights 2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 6 of 6
1 1
BID FORM
The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders,
the General Conditions,and the Supplementary Conditions.
ARTICLE 1—OWNER AND BIDDER
1.01 This Bid is submitted to:Jeffersonville Sewer Board of the City of Jeffersonville-Jeffersonville
City Hall,500 Quartermaster Court,Jeffersonville,Indiana,47130
1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement
with Owner in the form included in the Bidding Documents to perform all Work as specified or
indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in
accordance with the other terms and conditions of the Bidding Documents.
ARTICLE 2—ATTACHMENTS TO THIS BID
2.01 The following documents are submitted with and made a condition of this Bid:
A. Required Bid security;
B. Evidence of authority to do business in the state of the Project; or a written covenant to obtain
such authority within the time for acceptance of Bids;
C. Contractor's license number as evidence of Bidder's State Contractor's License or a covenant
by Bidder to obtain said license within the time for acceptance of Bids;
D. Required Bidder Qualification Statement with supporting data;
E. Indiana Iran Investment Certification
F. E-Verify Certification
G. Indiana State Form No. 96;
H. Non-Collusion Affidavit;
I. Financial Statement for Bidders; and
J. Indiana Department of Administration Contractor Pre-Qualification Certification
A
EJCDC®C-410,Bid Form for Construction Contract.
Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 1 of 6
ARTICLE 3—BASIS OF BID—LUMP SUM BID
3.01 Lump Sum Bids
A. Bidder will complete the Work in accordance with the Contract Documents for the following
lump sum (stipulated) price(s), together with any Mandatory Alternates indicated in
Paragraph 3.02.
1. Lump Sum for all items within the Construction Documents, $
excluding Mandatory Alternates. 1,5 Z l t 000.CO
Total LUMP SUM BID PRICE: ' 8 261 000 O c)
3.02 Mandatory Alternates
A. Mandatory Alternate#1: This alternate includes concrete coating of interior walls and floor of
the screening and flume channel structure.
Description Add/Dcduct—
I. High Performance-Corrosive Resistant Coating and Lining of $ 2 i;,,,t C>- C)0
the Wet-Weather Screening and Flume Concrete Channel
Structure.
3.03 TOTAL LUMP SUM BID PRICE:
The Project will be awarded based on the summation of Lump Sum Bid Price.Mandatory Alternate
#I will be considered by the City after the awarding of the bid through a change order.o f L � SUM
�(+ Con+racA- 4ulc..rdtd bases) ow of l
ARTICLE 4—TIME OF COMPLETION B,d Pr.c . -g' (lnu4do.4or,� A l4v,Alc 4 _ 41,855-oQp, .0
4.01 Bidder agrees that the Work will be substantially complete within 290 calendar days after the date
when the Contract Times commence to run as provided in Paragraph 4.01 of the General
Conditions,and will be completed and ready for final payment in accordance with Paragraph 15.06
of the General Conditions within 350 calendar days after the date when the Contract Times
commence to run.
4.02 Bidder accepts the provisions of the Agreement as to liquidated damages.
I
EJCDC®C-410,Bid Form for Construction Contract.
Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 2 of 6
ARTICLE 5—BIDDER'S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD,
INSTRUCTIONS,AND RECEIPT OF ADDENDA
5.01 Bid Acceptance Period
A. This Bid will remain subject to acceptance for 90 days after the Bid opening,or for such longer
period of time that Bidder may agree to in writing upon request of Owner.
5.02 Instructions to Bidders
A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without
limitation those dealing with the disposition of Bid security.
5.03 Receipt of Addenda
A. Bidder hereby acknowledges receipt of the following Addenda:
Addendum Number Addendum Date
1 11/05/2025
) I I ( 196
n ta5
I I/1y/�.—
ARTICLE 6—BIDDER'S REPRESENTATIONS AND CERTIFICATIONS
6.01 Bidder's Representations
A. In submitting this Bid,Bidder represents the following:
1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.
2. Bidder has visited the Site, conducted a thorough visual examination of the Site and
adjacent areas, and become familiar with the general, local, and Site conditions that may
affect cost,progress,and performance of the Work.
3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and
performance of.the Work.
4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions
at or adjacent to the Site and the drawings of physical conditions relating to existing surface
or subsurface structures at the Site that have been identified in the Supplementary
Conditions,with respect to the Technical Data in such reports and drawings.
EJCDC®C-410,Bid Form for Construction Contract.
Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 3 of 6
5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental
Conditions, if any,at or adjacent to the Site that have been identified in the Supplementary
Conditions,with respect to Technical Data in such reports and drawings.
6. Bidder has considered the information known to Bidder itself; information commonly
known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Bidding Documents; and the Technical
Data identified in the Supplementary Conditions or by definition,with respect to the effect
of such information, observations, and Technical Data on (a)the cost, progress, and
performance of the Work; (b)the means,methods,techniques, sequences, and procedures
of construction to be employed by Bidder, if selected as Contractor; and (c)Bidder's
(Contractor's)safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph,Bidder
agrees that no 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.
8. Bidder 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 Bidding Documents.
9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies
between Site conditions and the Contract Documents,and the written resolution thereof by
Engineer is acceptable to Contractor.
10. The Bidding Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
11. The submission of this Bid constitutes an incontrovertible representation by Bidder that
without exception the Bid and all prices in the Bid are premised upon performing and
furnishing the Work required by the Bidding Documents.
6.02 Bidder's Certifications
A. The Bidder certifies the following:
1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any collusive agreement or
rules of any group,association,organization,or corporation.
2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false
or sham Bid.
3. Bidder has not solicited or induced any individual or entity to refrain from bidding.
4. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing
for the Contract.For the purposes of this Paragraph 8.02.A:
a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of
value likely to influence the action of a public official in the bidding process.
b. Fraudulent practice means an intentional misrepresentation of facts made (a)to
influence the bidding process to the detriment of Owner, (b)to establish bid prices at
artificial non-competitive levels, or (c)to deprive Owner of the benefits of free and
open competition.
EJCDC®C-410,Bid Form for Construction Contract.
Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 4 of 6
c. Collusive practice means a scheme or arrangement between two or more Bidders,with
or without the knowledge of Owner, a purpose of which is to establish bid prices at
artificial,non-competitive levels.
d. Coercive practice means harming or threatening to harm,directly or indirectly,persons
or their property to influence their participation in the bidding process or affect the
execution of the Contract.
EJCDC®C-410,Bid Form for Construction Contract.
Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 5 of 6
BIDDER hereby submits this Bid as set forth above:
Bidder:
Ottenweller Contracting, LLC.
('---‘ (typed or printed name of organization)
By:Y
tndividual's signature)
Name: Ryan Ottenweller
(typed or printed)
Title: President
(typed or printed)
Date: November 20, 2025
(typed or printed)
If Bidder is a corporation,
apartnership, r a joint venture, attach evidence of authority to sign.
Attest: ()NIL. wP
(individual's signature)
Name: Angela Wedler
(typed or printed)
Title: Office Manager
(typed or printed)
Date: November 20, 2025
(typed or printed)
Address for giving notices:
1220 Edsall Avenue
Fort Wayne, IN 46803
Bidder's Contact:
Name: Ryan Ottenweller
(typed or printed)
Title: President
ii (typed or printed)
Phone: 260-484-9183
Email: ryan.ottenweller@ottenweller.com
Address:
1220 Edsall Avenue
Fort Wayne, IN 46803
Bidder's Contractor License No.: (if
applicable)
I
EJCDC'1 C-410,Bid Form for Construction Contract.
Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 6 of 6