HomeMy WebLinkAboutT&C Contracting agreement May 23rd, 2013 t w
AGREEMENT
r4
THIS AGREEMENT, made and entered into thi day of May, 2013 by and between
T Y Y Y
The City of Jeffersonville Sanitary Sewer Board (hereinafter referred to as the "Sewer
Board ")
And
T +C Contracting, Inc. (hereinafter referred to as "T +C ")
WITNESSETH THAT:
WHEREAS, on January 18, 2012, the Parties entered into a contractual agreement for the "Crums
Lane Interceptor Project, wherein the Sewer Board is the Owner and T +C is the Contractor.
WHEREAS, on October 4, 2012, the Sewer Board mailed notice to T +C and to Great American
Insurance Company, the Surety on the Performance Bond on said project, of the Sewer Board's
intent to declare a contractor default on said project;
WHEREAS, on May 7, 2013, the Sewer Board mailed a declaration of contractor default and
termination of the said contract to T +C and to the said Surety company;
WHEREAS, the Parties now desire that the Sewer Board shall withdraw its May 7, 2013 letter
declaring a contractor default and termination of the said contract, without prejudice, and that T +C
shall proceed and complete the Crums Lane Interceptor Project pursuant to all of the terms,
provisions, specifications and other items as set forth in the said original contract, and pursuant to
the inspection of Jacobi Toombs & Lanz as the Sewer Board's consulting engineer as set forth in the
original contract, and subject to certain conditions as set forth below:
NOW, THEREFORE, in consideration of the promises and covenants herein set forth, it is
mutually agreed as follows:
1. That the Sewer board hereby withdraws its May 7, 2013 letter declaring a contractor
default and termination of the said contract, without prejudice, and that T +C shall proceed and
complete the Crums Lane Interceptor Project pursuant to all of the terms, provisions, specifications
and other items as set forth in the said original contract, and pursuant to the inspection of Jacobi
Toombs & Lanz as the Sewer Board's consulting engineer as set forth in the original contract, and
subject to the following conditions:
A. That T +C shall implement and secure the safety of all areas of the worksite of the
project pursuant to all applicable federal, state and local safety rules and regulations within fifteen
f •
(15) days of the date of this Agreement, and shall provide written assurance to the Sewer Board
upon the completion of this task.
B. That T +C shall make reasonable efforts to address the concerns of Richard Crum, the
adjacent property owner to the project worksite, to his reasonable satisfaction, regarding the cleaning
of the project worksite in regards to debris piles and dirt piles, within fifteen (15) days of the date of
this Agreement, but only to the extent such accommodation is within the scope of its contract work
and is consistent with the scheduling and sequencing of its work, and shall provide written assurance
to the Sewer Board upon the completion of this task.
C. That upon the completion of the tasks as set forth in paragraphs A and B above, T +C
shall commence work on the said project within thirty (30) days of the date of this Agreement and
that both parties shall have all rights and obligations pursuant to all of the terms, provisions,
specifications and other items as set forth in the said original contract, and pursuant to the
inspection of Jacobi Toombs & Lanz as the Sewer Board's consulting engineer as set forth in the
original contract.
IN WITNESS WHEREOF, the parties acting by and through their duly authorized
representatives, have executed this instrument on the day and year written above, and affirm that no
unauthorized alterations of this document have taken place.
City of Jeffersonville T +C Contacting, Inc.:
Sanitary Sewer Board: By its duly authorized officer:
/
01
i
•
n(1-1464/24A--.
ATTE . ATTEST:
AP1
21