HomeMy WebLinkAboutKeystone Blvd. Expansion 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.
RECEIVED SEP 2 2 2023
Date Submitted to Clerk: (1 174
7 J
Department: 74ricteloyvvetd-
Vendor Name: aa(. 670AetiCQ+(t
Sign Date:. C/) 2'0
Ending Date:l /A-11 d"
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Amount of Original Contract:
Is this an amendment or change order
to original contract? Yes or o
Amended Contract Amount:
Purpose:)
j)Dt\A xpt
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For Clerk's Office to fill out
Date uploaded to Gateway:; �f� -/` �
City of Jeffersonville, Indiana
Keystone Boulevard Extension
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
This Agreement is by and between City of Jeffersonville Redevelopment Commission ("Owner") and
Excel Excavating, Inc. ("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
'_.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.The Work
is generally described as follows: The work generally consists of furnishing and installing
approximately 700'of new roadway ending in a cul-de-sac/turnaround,approximately 465' of
12" C900 water main extension, connection to existing water main, all valves and
appurtenances,fire hydrant,approximately 600'of gravity sanitary sewer extension,manholes,
and all other items shown on the plans and mentioned in the specifications for a complete
project.
ARTICLE 2—THE PROJECT
2.01 The Project,of which the Work under the Contract Documents is a part, is generally described as
follows: Keystone Boulevard Extension
ARTICLE 3—ENGINEER
3.01 The Owner has retained Jacobi, Toombs and Lanz, 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.
:.02 The part of the Project that pertains to the Work has been designed by Land Design and
Development,Inc.
ARTICLE 4—CONTRACT TIMES
4.01 Time is of the Essence
A. Al! 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 90 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 120 days after the date when the Contract Times commence to run.
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City of Jeffersonville, Indiana
Keystone Boulevard Extension
4.03 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.
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$1,500 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$1,500 for each day that expires after such time until the Work is completed
and ready for final payment.
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.
4.04 Special Damages
A. Contractor shall reimburse Owner(1)for any fines or penalties imposed on Owner as a direct
result of the Contractor's failure to attain Substantial Completion according to the Contract
Times,and(2)for the actual costs reasonably incurred by Owner for engineering,construction
observation, inspection, and administrative services needed after the time specified in
Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until
the Work is substantially complete.
B. After Contractor achieves Substantial Completion,if Contractor shall neglect,refuse,or fail to
complete the remaining Work within the Contract Times, Contractor shall reimburse Owner
for the actual costs reasonably incurred by Owner for engineering, construction observation,
inspection,and administrative services needed after the time specified in Paragraph 4.02 for
Work to be completed and ready for final payment (as duly adjusted pursuant to the
Contract), until the Work is completed and ready for final payment.
C. The special damages imposed in this paragraph are supplemental to any liquidated damages
for delayed completion established 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 other than Unit Price Work, a lump sum of$234,650.00.
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City of Jeffersonville, Indiana
Keystone Boulevard Extension
All specific cash allowances are included in the above price in accordance with
Paragraph 13.02 of the General Conditions.
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 1st 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
co liquidated damages, in accordance with the Contract.
a. 90%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 estimate of the value of Work to be completed or corrected as shown on the punch
list of items to ne completed or corrected prior to final payment.
6.03 Final Poyment
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.
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).
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City of Jeffersonville,Indiana
Keystone Boulevard Extension
b. Payment bond (together with power of attorney).
3. General Conditions.
4. Supplementary Conditions.
S. Specifications as listed in the table of contents of the project manual (copy of list
attached).
b. Drawings (not attached but incorporated by reference) with each sheet bearing the
following general titles: Infrastructure Plans — Koetter Keystone Phase 2 (Two(2) Plan
Sets with Same Title); Keystone Boulevard Water Main Extension.
7. Addenda (numbers 1 to 3, inclusive).
8. 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.
L. 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. Thera 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.
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.
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City of Jeffersonville, Indiana
Keystone Boulevard Extension
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
al; terms and conditions fcr 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.
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:
1. '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
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City of Jeffersonville, Indiana
Keystone Boulevard Extension
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
high!ight7ng or"track changes" (redline/strikeout), or in the Supplementary Conditions.
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City of Jeffersonville, Indiana
Keystone Boulevard Extension
IN WITNESS WHEREOF,Owner and Contractor have signed this Agreement.
This Agreement will be effective on the date signed by the Owner below (which is the Effective Date of
the Contract).
Owner: Contractor:
City of Jeffersonville Redevelopment Commission Excel Excavating, Inc.
(ty d or print gnome o fo, rr3gization) (typed or�rinted,gme—f o n zation)
By: (rt � �� By: �
(ind idual's signature) (individual's sr
Date: " /( Z 3 Date: 06.29.2023
(date signed) (date signed)
Name: Name: William Galligan
(typed or printed) (typed or printed)
Title: Title: VP
(typed or printed) (typed or printed)
(If(Type of Entity)is a corporation,a partnership,or a
joint venture,attach evidence of authority to sign.)
Attest: Attest: ,'
(individual's signature) (individua signature)
Title: C i r' S'N6/41>eg Title: PM
(typed or printed) (typed or printed)
Address for giving notices: Address fur giving notices:
Excel Excavating, Inc.
P.O. Box 412
Sellersburg, IN. 47172
Designated Representative: Designated Representative:
Name: Name: Mike Flynn
(typed or printed) (typed or printed)
Title: Title: PM
(typed or printed) (typed or printed)
Address: Address:
Excel Excavating, Inc.
P.O. Box 412
Sellersburg, IN. 47172
Phone: Phone: 812.246.0857
Email: Email: mikeflynn@excelexcavating.com
(If(Type of Entity]is a corporation,attach evidence of
authorityto sign.i (Type ofEntit is a public body, License Ne. N /A
I( YP YI
attach evidence of authority to sign and resolution or (where applicable)
other documents authorizing execution of this State:
Agreement.)
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