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HomeMy WebLinkAboutRichardson SECTION B-2 AGREEMENT BETWEEN OWNER AND CONTRACTOR AGREEMENT ti� THIS AGREEMENT, made this day of 2017,by and between the Jeffersonville Redevelopment Commission, hereinafter called "OWNER" and LCAC1141 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 Gottbrath Way Phase 1 Improvements 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 (NTP) and will be completion within calendar 180 days of NTP unless the period for completed is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT OCUMENTS and comply with the terms therein for the sum of$ft,�IL VZ11� dollars and cents $ SS 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)INSTRUCTIONS TO BIDDERS (C)METHOD OF MEASUREMENT AND PAYMENT FOR BID ITEMS (D)BID (E)BID BOND (F) AGREEMENT(This document) (G)GENERAL CONDITIONS (H)PAYMENT BOND (I) SURETY BOND (J) NOTICE OF AWARD (K)NOTICE TO PROCEED (L) CHANGE ORDER (M) DRAWINGS prepared by Jacobi, Toombs & Lanz, Inc., dated March 2, 2017. (N) TECHNICAL SPECIFICATIONS prepared or issued by Jacobi,Toombs& Lanz, Inc. dated March 2017. 6. Non-discrimination: CONTRACTOR shall comply with the Non-discrimination provisions of the attached Exhibit A. 7. The OWNER shall withhold sufficient funds to pay subcontractors, laborers, materialmen, and those furnishing services in relation to or in connection with construction, erection, alteration, or repair of the project. The amount withheld for such purpose shall be no more than five percent(5%) nor less than three percent(3%) B-203 of the dollar value of all work satisfactorily completed until the public work is substantially completed. Final payment shall be made within one hundred twenty (120) days after final acceptance and completion of the contract. Final payment may not be made on any amount that is in dispute, but final payment may be made on that part of a contract or those amounts that are not in dispute, and that for each day after one hundred twenty (120) days, the OWNER shall pay to the CONTRACTOR interest for late payment of money due to the CONTRACTOR. However, interest may not be paid for those days that the delay in payment is not directly attributable to the OWNER. The annual percentage rate of interest that the board shall pay on the unpaid balance is twelve percent (12%). 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 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. 11. Trench Safety ystems: If a trench involving more than five (5) feet in depth may be created as part of this project, IOSHA regulations 29 C.F.R. 1926, Subpart P, shall apply. The cost for trench safety systems shall be paid for as a separate pay item or in the pay item of the principal work with which the safety systems are associated. B-204 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: Jefferson' le Redevelopment ommission BY: /�� f Name: � u1 Title: , 66 lde.") Date: 5 - 4-17 (SEAL) ATT BY: Name: Act Title: (It r-Q J,ti'N t B-205 CONTRACTOR t BY: N. e• AV I's TLIOCL Te _Ta., ''II �1 Address:lb Box, 2 qy �r �tltG�t �� Z'11,31 Date: (SEAL) ATTES BY: r Name: rr� Title: H ptr, B-206 EXHIBIT A During the performance of this contract,the contractor, for itself, its assignees and successors in interest(hereinafter referred to as the "contractor")agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter"FHWA") Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap and low income in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap and low income. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Indiana Department of Transportation (INDOT) or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to INDOT or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, INDOT shall impose such contract sanctions as it or the FHWA may determine to be appropriate,including,but not limited to: (a.)withholding of payments to the contractor under the contract until the contractor complies, and/or (b.) cancellation,termination or suspension of the contract,in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, B-207 unless exempt by the Regulations,or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as INDOT or the FHWA may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Indiana Department of Transportation to enter into such litigation to protect the interests of the Indiana Department of Transportation and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. B-208 RICHA04 OP ID: MT ACORO DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 04/11/2017 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 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 NAME CT Mindy Teach First Insurance Group,Inc. PHONE FAX 1405 North College A/c No Ext:812-355-2598 _ Aic No:812-331-3233 Bloomington,IN 47404 E-MAILDRE Scott Peyton SS:mindy igprotects.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company INSURED Richardson Contracting Inc - INSURER B:Cincinnati Casualty Company 28665 PO Box 2244 Clarksville, IN 47131 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 DDL ISUBR _ POLICY EFF POLICY EXP LIMITS LTR IND WVD POLICY NUMBER MWD MlWDD/ A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTE-D CLAIMS-MADE FXI OCCUR EPP 0300426 01/08/2017 01/08/2018 PREMISES Ea occurrence) $ 500,0 MED EXP(Any one person) $ 10,00 PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY PCIPE� LOC PRODUCTS-COMP/OP AGG $ _ 2,000,00 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 Ea acitlent A X ANY AUTO EPP 0300426 01/08/2017 01108/2018 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per acident _ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 A EXCESS LIAB CLAIMS-MADE EPP 0300426 01/08/2017 01/08/2018 AGGREGATE $ DED X RETENTION$ 0 $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STAT YLITE ER ❑ B ANY PROPRIETOR/PARTNER/EXECUTIVE N/A EWC 1053358 01/08/2017 01/08/2018 E.L.EACH ACCIDENT $ 500,00 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,00 A 'Rent/Leased Equip EPP 0300426 01/08/2017 01/08/2018 1,000,00 A 'Pollution Liab EPP 0300426 01/08/2017 01/08/2018 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Gottbrath Way Phase I Improvements Project Job No. 16031 Jeffersonville, Indiana. CERTIFICATE HOLDER CANCELLATION JEFFE-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Jeffersonville Redevelopment ACCORDANCE WITH THE POLICY PROVISIONS. Commission The City Of Jeffersonville AUTHORIZED REPRESENTATIVE 500 Quartermaster Court Jeffersonville, IN 47130 - J ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD