HomeMy WebLinkAboutLentzier Creek Division 2- Section B-2- $1,983,256 SECTION B -2
AGREEMENT BETWEEN OWNER AND CONTRACTOR
AGREEMENT
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THIS AGREEMENT, made this day of dftiVA 201/ by and between the
Jeffersonville Sewer Board, hereinafter called "OWNER" and Excel 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 Lentzier
Creek Sanitary Sewer Project — Division 2.
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 180 (one hundred eighty) 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
$1,983,256.00 based on the unit prices in the BID schedule.
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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
(H) PERFORMANCE BOND
(I) NOTICE OF AWARD
(J) NOTICE TO PROCEED
(K) CHANGE ORDER
(L) DRAWINGS prepared by Jacobi, Toombs & Lanz, Inc., dated October 2012
(M) SPECIFICATIONS prepared or issued by Jacobi, Toombs &
Lanz, Inc. dated
October 2012
(N) 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 b
q by the CONTRACT
DOCUMENTS, provided that work is satisfactorily completed, and
P 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
1
B -203
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 OWNER.
9. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
10. 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:
Jeffersonvil • - Board
BY:
Name: 4, /4 c,
Title: p r ,
Date:
(SEAL)
ATTEST/ •
BY: • �i, -01II // •
Name: ii/,1a di-G /S
Title: .cC T,q,Gy
B -204
CONTRACTOR
Excel Excavting, Inc.
Aire
BY: Z
` E XC�' � / /' Name: William Ga ligan
% G e ••• • •••.O •••• 0, S te/
•. . Title: Vice President
GORPOR :c9
4i Address: p0 548 Je ff . IN. 47130
Atli Ow •
.r • •
SEAL ` Date: January 2, 2013
(SEAL) �,
ATTEST: " o p
r-- o r site
e ���
BY: % P,111101
Name: Mike Flynn
Title: Project Manager
B -205