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HomeMy WebLinkAboutJBM Contractors/Util/164,918/Lurie Bldg buildout AGREEMENT BETWEEN OWNER AND CONTRACTOR This Agreement is made by and between City of Carmel, Indiana, Board of Public Works and Safety, One Civic Square, Carmel, Indiana 46032 ("Owner") and J B M CoATOA roes CO.. P ("Contractor"), for the project known as Proposed Renovations, Second Floor Unit Located 30 West Main Street, Contract No.91 (the "Project"). Owner: City of Carmel, Indiana Board of Public Works and Safety One Civic Square Carmel, IN 46032 Contractor: J13M Cowrie-Across C T . 0.. Zlu �-+s „ «�t , n1 C CU?7 Project: Proposed Renovations, Second Floor Unit Located 30 West Main Street, Contract No.91 Architect: MAWR Design, Inc. 849 South Park Drive Carmel, Indiana The Owner and Contractor agree as follows: Article 1. Contract Documents. The Contract Documents consist of this Agreement, General Conditions, Drawings and the Specifications identified herein, and written modifications issued after execution of this Agreement. The Contract Documents form the Contract for Construction and represent the entire and integrated agreement between the parties hereto and supersede any and all prior negotiations, representations or agreements, either written or oral. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between Owner and any subcontractor or (2) between any persons or entities other than Owner and Contractor. A. Enumeration of Contract Documents. An enumeration of the Contract Documents, other than Modifications, is: 1.1 Quote (1 page) 1 .2 This Agreement (pages A-1 to A-5, inclusive). Renovations to Second floor CITY OF CARMEL Agreement Between Owner and Contractor 1.3 E-Verify Form 1 .4 General Conditions (pages GC-1 through GC-3 1 .5 Drawing (11 Sheets) There are no Contract Documents other than those listed above in this Article 1 . The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 of the General Conditions. Article 2. The Work. The intent of the Agreement is to provide for the construction and completion in every detail of the work described. Contractor shall provide all materials, labor, tools, equipment, supplies, safety equipment, transportation and supervision necessary to perform, and shall perform, the work in a good and workmanlike manner and in accordance with the Contract Documents (as hereinafter defined) or reasonably inferable by Contractor as necessary to produce the results intended by the Contract Documents and generally described as Proposed Renovations, Second Floor Unit Located 30 West Main Street, Contract No.91 (all hereinafter called the "Work"): A. Supervision and Construction Procedures. Contractor shall supervise and direct the Work using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work. Contractor shall be responsible to Owner for the acts and omissions of Contractor's employees, subcontractors, material suppliers, laborers, equipment lessors and all other persons performing portions of the Work. Contractor shall be responsible for the inspection of Work performed under the Contract Documents to determine that the Work is in proper condition to receive subsequent Work. Article 3. Engineer (Architect). The Project has been designed by MAWR Design, Inc., who is hereinafter referred to as Engineer and who is to act as the Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work all in accordance with the Contract Documents. Article 4. Date of Commencement and Completion. Contractor shall commence its Work promptly upon receipt of written notice from Owner to proceed with the Work, and Contractor shall achieve Completion, as determined by Engineer, within Forty Five (60) days after the Contract Time commences to run. Contractor agrees to a penalty of Eight Hundred ($500) per calendar day for liquidated damages. Commencement. It is not incumbent upon Owner to notify Contractor when to begin (other than the notice to proceed), cease or resume Work, to give early notice of the • rejection of faulty Work, nor in any way to superintend so as to relieve Contractor of responsibility or of any consequence of neglect or carelessness by Contractor or its subordinates. All materials and labor shall be furnished at such time as shall be for the best interest of all trades concerned, to the end that the combined Work of all may be properly and fully completed in accordance with the progress schedule. Article 5. Contract Sum. Owner agrees to pay Contractor for the timely and proper performance of the Work, subject to additions and deductions provided therein and in Renovations to Second Floor CITY OF CARMEL Agoernenl 13elween Owner and Contractor A-2 accordance with the Contract Documents in current funds based on the bid prices as pet forth in the conformed ,copy of the Contractor's Bid, the sum of ost ittadAto 4SJrnyf I Sio.lt flo,r 4 (S /D -1 ,9 I 8 - ) ("Contract Sum"). The Contract Sum, including authorized adjustments, is the total amount payable by Owner to Contractor for performance of the Work under the Contract Documents. The Contract Sum may be changed only by Change Order. Article 6. Contract Payments. All payments provided herein are subject to funds as provided by Owner and the laws of the State of Indiana. Contractor shall submit Applications for Payment. Based on Applications for Payment properly submitted to Engineer by Contractor, the Applications for Payment will be processed by Engineer as provided in the General Conditions. A. Progress Payments; Retainage: Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, no more often than monthly during construction as provided below. Such Application for Payment shall be supported by such data substantiating Contractor's right to payment as Owner may require, such as copies of requisitions from subcontractors and material suppliers. Retainage shall be 5% . 1 . Payment of Subcontractors. The Contractor agrees to assume and does assume full and exclusive responsibility for the payment of subcontractors in compliance with Ind. Code § 36-1-12-13. Upon receipt of a progress payment, Contractor shall pay promptly all valid bills and charges for materials, equipment, labor and other costs in connection with or arising out of the Work and will hold Owner free and harmless from and against all liens and claims of liens for such materials, equipment, labor and other costs, or any of them, filed against the Project or the site, or any part thereof, and from and against all expenses and liability in connection therewith including, but not limited to, court costs and attorneys' fees. Should any lien or claim of lien be filed of record against the Project or the site, or should Owner receive notice of any claim or of any unpaid bill in connection with the Work, Contractor shall forthwith either pay or discharge the same and cause the same to be released of record or shall furnish Owner with appropriate indemnity in form and amount satisfactory to Owner. B. Final Payment. Owner shall pay the remainder of the Contract Sum as recommended by Engineer. 1 . Acceptance of final payment by Contractor shall constitute a waiver of claims by Contractor except those previously made in writing and identified by Contractor as unsettled at the time of final payment. Article 7. Termination and Suspension. The Agreement may be terminated by the Owner or the Contractor . Article 9. Owner's and Contractor's Representations. 9.1 The Owner's Representative is: Mr. John Duffy, Utility Director 760 3rd Avenue S.W., Suite 110 Renovations to Second Floor CITY OF CARMEL Agreement Between Owner and Contractor A-3 Carmel, Indiana 46032 9.2 The Contractor's Representative is: CriLF 1IA#4re ASci--1' Zeic ol V tC2- r 7ercc , 0£AST C0„roc r c- • Ca LP . Article 10. Miscellaneous. A. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Indiana. B. SUCCESSORS AND ASSIGNS. Owner and Contractor respectively bind themselves, their successors, assigns and legal representatives to the other party hereto in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to this Agreement shall assign this Agreement without the written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under this Agreement. C. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. D. RIGHTS AND REMEDIES. Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. No act or failure to act by Owner or Contractor shall constitute a waiver of a right or duty afforded them under this Agreement, nor shall such action or failure to act constitute approval of or acquiescence in a thereunder. Article 11. Dispute Resolution. A. Mediation. The parties shall endeavor to resolve their claims by mediation which, if the parties mutually agree, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. This Agreement will be effective on , 2013 . Renovations to Second Floor CITY OF CARMEL Agreement Between Owner and Contractor A-4 CITY OF CARMEL. INDIANA BY ITS BOARD OF PUBLIC WORKS AND SAFETY J4 Ines Brainard, Presiding Of cer 0 Date: 11i ^^"Mary n rke, Member Date: // 9 - 7 -" /3 Lori Watso 1ember Date: /3/ 7/ /3 ATTEST: Sandra M.Johnson, kiln"/,/ I D ate: %Iii Depatq Clerk for Di. a L. Cordray, 1AMC '1, - k-Treasurer City of Carmel, Indiana . - B M (0,v0 4n-a c s Co RP, Owner Contractor It's Board of Works & Public �" "—_-J By Safety By ��•• 0• /` titv-rs ..L V rct_ 1 -t5i4Ton- A [CORPORATE SEAL] Mayor and Member 'j I Member yr Member r Attest Attest,? <,,,at_ Diana L. Cordray, Clerk-Treasurer Address for giving notices Address for giving notices One Civic Square Carmel, IN 46032 License No. CC I t ° U O SS Agent for service of process: Renovations to Second Floor CITY OF CARIvIEL Agreement Between Owner a:id Contractor A-5