Hazel Dell -Ivy Hill/StreetMilestone Contractors, L.P.
Hazel Dell Northbound Widening
Appropriation: 1997 Hazel Dell/Pennsylvania St. Bond
P.O. #5175
Not To Exceed: $68,480.00
AGREEMENT
City of Carreel, Indiana
APPROVED, AS TO
FORM BYF~R:~
THIS AGREEMENT is made and entered into by and between the City of Carreel, Indiana,
acting by and through its Board of Public Works and Safety ("OWNER") and Milestone
Contractors, L.P. ("CONTRACTOR"), coneeming the project ("Project") described more
particularly in Al~pendix A which is attached hereto and incorporated herein by reference.
RECITALS:
The OWNER has heretofore caused to be prepared certain plans, specifications and other
documents (collectively, the "Contract Documents") as hereinafter listed pertaining to the
Project, and the CONTRACTOR has filed a bid quote ("Proposal") to fumish labor,
tools, material, equipment and/or services, and to perform the work ("Work") called for
in the Contract Documents pertaining to the Project, upon the terms and for the price(s)
therein fully stated and set forth; and
The said Contract Documents accurately and fully describe the terms and conditions
upon which the CONTRACTOR is willing to furnish the labor, tools, material,
equipment, services, and perform the Work called for by the Contract Documents and in
the manner and time and for the price(s) set forth therein.
THE OWNER AND CONTRACTOR AGREE AS FOLLOWS:
1.0 Contract Documents
1.1
This Agreement consists of the following Contract Documents all of which are as fully a
part of this Agreement as if set out verbatim herein or attached hereto and the same do in
all particulars become the Agreement between the parties hereto in all matters and things
set forth herein and described:
This Agreement, including any attachments hereto and all documents
incorporated by reference herein;
All Addenda issued prior to receipt of bid proposals, whether or not receipt
thereof has been acknowledged by CONTRACTOR in its Proposal;
c. The 1999 1NDOT Specifications;
d. The Additional Requirements;
e. Request for Quotes;
f. Plans and Drawings;
g. Performance, Payment and Maintenance Bonds;
h. CONTRACTOR'S Itemized Proposal and Declarations; and
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Milestone Contractors, L,P.
Hazel Dell Northbound Widening
Appropriation: 1997 Hazel Dell/Pennsylvania St. Bond
P.O. #5175
NotTo Exceed: $68,480.00
1.2
2.0
2.1
2.2
3.0
3.1
3.2
All other documents defined as Contract Documents in any of the above listed
documents.
In resolving conflicts, errors, discrepancies and disputes concerning the nature, character,
scope and/or extent of Work to be performed or furnished by the CONTRACTOR
hereunder, or other rights and obligations of the OWNER and/or CONTRACTOR, the
provision of a Contract Document expressing the greater quantity, quality or scope of the
Work, or imposing a greater obligation upon the CONTRACTOR, or affording a greater
fight or remedy to OWNER, shall govern, without regard to the party who drafted such
provision; otherwise, the Documents shall be given precedence in the order as listed in
paragraph 1.1 herein above.
Contract Price
The CONTRACTOR shall, in strict conformity with the Contract Documents, furnish all
necessary labor, tools, materials, equipment, services, assume and fulfill all obligations
and perform all Work required to construct, complete, and make ready for use by the
OWNER at the Unit Prices as quoted in the Proposal for a total contract price not to
exceed $68,480.00 Base Bid, a copy of which is attached hereto as Exhibit A, subject to
any additions or deletions based on actual OWNER-approved quantities of the respective
unit price items, which price the CONTRACTOR agrees to accept as full payment for all
such Work actually performed and accepted as described in the "Contract Items and Unit
Prices specification" and other Contract Documents (the "Contract Price"). The
CONTRACTOR agrees that each unit price shall be deemed full and complete
compensation for all direct and indirect costs for the each respective item of Work,
including, without limitation, all materials, labor, supervision, equipment, transportation,
warranties, repairs, replacement, overhead and profit for the item, complete and in place.
The above stated Contract Price will be paid to the CONTRACTOR in the manner and at
such times as set forth in the Contract Documents.
Contract Time
It is hereby understood and mutually agreed, by and between the CONTRACTOR and
OWNER, that the date of commencement and the time for completion of the Work as
specified in the Contract Documents are essential conditions of this Agreement.
The CONTRACTOR agrees that the Work shall be commenced no later than the date
indicated in the Notice to Proceed to be provided by OWNER to CONTRACTOR and
that the Work shall be performed regularly, diligently and without interruption at such a
rate of progress as will insure "Substantial Completion" of the Project, including
completion of performance testing and such remedial work as may be required by the
OWNER, by the dates specified in the Contract Documents.
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Milestone Contractors, L.P.
Hazel Dell Northbound Widening
Appropriation: 1997 Hazel Dell/Pennsylvania St. Bond
P.O. #5175
NotTo Exceed: $68,480.00
3.3
5.2
5.3
The CONTRACTOR and OWNER acknowledge and agree that the time allotted by this
Agreement for the performance and completion of the Work is reasonable and takes into
account any and all risks and adverse conditions which may befall the CONTRACTOR
hereunder.
Effective Date
This Agreement shall be deemed effective as of the date and year on which the last of the
parties hereto, or their representative, executes same.
Miscellaneous Provisions
OWNER' s Property
Any and all documentation (other than original tracings and original calculations)
generated by CONTRACTOR pursuant to this Agreement shall be considered OWNER's
exclusive property and shall be disclosed only to OWNER and to no other person without
OWNER's prior express written consent. CONTRACTOR shall keep confidential all
working and deliberative material pursuant to IC 5-14-3-4.
Termination
Except as expressly stated to the contrary herein, this Agreement may be suspended
and/or terminated upon such terms as are set forth in Article 14 of the City of Carmel,
Standard General Conditions for Construction Contracts 1997 (the "General Conditions")
which are incorporated herein by this reference.
In the event any amount allegedly due hereunder is disputed and such dispute is not
resolved to OWNER's satisfaction within ten (10) business days after notice of such
dispute is given to CONTRACTOR, OWNER shall pay such amount as is in dispute,
under protest, into the City Court of Carmel, which Court shall hold such money until
notified of a resolution signed by both parties hereto or until a final judgment is entered
thereon.
Bindin~ Effect
OWNER and CONTRACTOR and their respective officers, officials, partners,
successors, executors, administrators, assigns and legal representatives are bound by this
Agreement to the other party hereto and to the officers, officials, partners, successors,
executors, administrators, assigns and legal representatives of such other party in all
respects as to all covenants, agreements and obligations contained and/or incorporated
herein.
5.4 No Third Party Beneficiaries
Nothing contained herein shall be construed to give any rights or benefits hereunder to
anyone other than OWNER or CONTRACTOR.
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Milestone Contractors, L.P.
Hazel Dell Northbound Widening
Appropriation: 1997 Hazel Dell/Pennsylvania St. Bond
P.O. #5175
Not To Exceed: $68,480.00
5.5 Relationship
5.6
5.8
5.7
The relationship of the parties hemto shall be as provided for in this Agreement, and
CONTRACTOR, as well as its agents, employees, contractors, subcontractors, outside
sources and other persons shall in no fashion be deemed to be an employee of OWNER.
Furthermore, CONTRACTOR shall be solely responsible for payment to or for its
agents, employees, contractors, subcontractors, outside sources and other persons all
statutory, contractual and other compensation, benefits and obligations due thereto, and
OWNER shall not be responsible for same. Rather, the Contract Price to be paid
hereunder by OWNER to CONTRACTOR shall, subject to the terms and conditions
hereof, be the full and maximum compensation and monies required of OWNER to be
paid to CONTRACTOR pursuant to this Agreement.
Insurance
CONTRACTOR shall maintain such bonds and insurance as are set forth in Article 5 of
the General Conditions.
Indemnification
CONTRACTOR shall indemnify and hold harmless OWNER, its officers, officials,
employees, agents and legal representatives, from all losses, liabilities, claims,
judgments and liens, including, but not limited to, all costs, expenses and attomey fees,
arising out of any intentional or negligent act or omission of CONTRACTOR and/or
any of its agents, employees, contractors, subcontractors, outside sources and/or other
persons in the performance of this Agreement. The failure to do so shall constitute a
material breach of this Agreement. This indemnification obligation shall survive the
termination of this Agreement.
Setoff
In addition to any right of setoff provided by law, all amounts due CONTRACTOR
shall be considered net of indebtedness of CONTRACTOR to OWNER, and OWNER
may deduct any amounts due or to be come due from CONTRACTOR to OWNER
from any sums due or to become due from OWNER to CONTRACTOR hereunder.
5.9 Government Compliance
CONTRACTOR agrees to comply with all present and future federal, state and local
laws, executive orders, rules, regulations, codes and ordinances which may be
applicable to CONTRACTOR's performance of its obligations under this Agreement,
and all relevant provisions thereof are incorporated herein by this reference.
CONTRACTOR agrees to indemnify and hold harmless OWNER from any loss,
damage or liability resulting from any violation of such laws, orders, rules, regulations,
codes and/or ordinances. This indemnification obligation shall survive the termination
of this Agreement.
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Milestone Contracton, L.P.
Hazel Dell Northbound Widening
Appropriation: 1997 Hazel Dell/Pennsylvania St. Bond
P.O. #5175
Not To Exceed: $68,480.00
5.10 Severability.
5.11
5.12
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a
court of competent jurisdiction, that provision shall be stricken, and all other provisions
of this Agreement which can operate independently of such stricken provision shall
continue in full force and effect.
Notice.
Any notice, invoice, order or other correspondence required or permitted to be sent
under or pursuant to this Agreement shall be in writing and either hand-delivered or
sent by postage prepaid, U.S. Certified mail, return receipt requested, addressed to the
parties at the following address:
OWNER:
City of Carmel
Board of Public Works and Safety
Carmel, IN 46032
Attention: M. Kate Weese, PE, City Engineer
(with a copy to City Attorney,
Department of Law, same address)
CONTRACTOR:
Milestone Contractors, L.P.
P.O. Box 421459
Indianapolis, IN 46242-1459
Attention: Greg W. Nolting
Notwithstanding the above, a Notice To Cease All Work issued under or pursuit to
Paragraph 5.2 hereinabove may be orally given, as long as such notice is thereafter
followed by written notice as provided in this Paragraph 5.11 within five (5) business
days of the date of such oral notice.
Governin~ Law
This Agreement shall be govemed by and construed in accordance with the laws of the
State of Indiana, except for its conflict of laws provisions, as well as with all municipal
ordinances and codes of the City of Carmel. The parties further agree that, in the event
a lawsuit is filed hereunder, they waive any fights to a jury trial they may have, agree to
file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and
agree that such court is the appropriate venue for and has jurisdiction over same.
5.13
Waiver
Any delay or partial inaction on the part of OWNER in exercising or pursuing any right
and/or remedy provided hereunder or by law shall not operate to waive any such rights
or remedies.
Milestone Contractors, L.P.
Hazel Dell Nortl~bound Widening
Appropriation: 1997 Hazel Dell/Pennsylvania St. Bond
P.O. #5175
NotTo Exceed: $68,480.00
5.14 Exhibits
All exhibits and/or appendices referenced herein, whether marked "Exhibit",
"Appendix", or by some other title, shall be considered a part of this Agreement.
5.15 Prior A~reements
5.16
This Agreement contains all of the agreements of the parties hereto with respect to the
subject matter hereof, and supersedes all prior negotiations, representations, and/or
contracts, either oral or written, respective thereto.
Representation and Warranties
Each party hereto represents and warrants that it is authorized to enter into this
Agreement and that such party, in executing this Agreement, has the authority to bind
such party or the party which it represents, as the case may be.
5.17 Headings
5.18
5.19
All headings and sections of this Agreement are inserted for convenience only and do
not form a part of this Agreement nor limit, expand or otherwise alter the meaning of
any provisions hereof.
Advice of Counsel
The parties warrant that they have read this Agreement and understand it, are fully
aware of their respective rights, have had the opportunity for the advice and assistance
of an attorney throughout the negotiation of this Agreement, and enter into this
Agreement freely, voluntarily and without any duress, undue influence, coercion or
promise of benefit, except as expressly set forth herein.
Entire A~reement
This Agreement, together with any attachments hereto or referenced herein, constitutes
the entire agreement between Vendor and City with respect to the subject matter
hereof, and supersedes all prior oral or written representations and agreements
regarding same. Notwithstanding any other term or condition set forth herein, but
subject to paragraph 5.10 hereof, to the extent any term or condition contained in any
exhibit attached to this Agreement conflicts with any term or condition contained in
this Agreement, the term or condition contained in this Agreement shall govern and
prevail, unless the parties hereto, or their successors in interest, expressly and in writing
agree otherwise. This Agreement may only be modified by written amendment
executed by both parties hereto, or their successors in interest.
Milestone Contractors, L.P.
Hazel Dell Northbound Widening
Appropriation: 1997 Hazel Dell/Pennsylvania St. Bond
P.O. #5175
NotTo Exceed: $68,480.00
1N WITNESS WHEREOF, the parties hereto set their hand on the dates below written:
OWNER:
CITY OF CARMEL, INDIANA
by and through its Board of Public Works and
~cs Brainard, Presiding Officer
Date:
Date:
DC~a Cordray, C~erk-Trd~rer
CONTRACTOR:
MILESTONE CONTRACTORS, L.P
Printed Name: "~d ~r(J H ~-e. f'
Tit,e:
Date: 1( - Y{/' (-'/
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Milestone Contractors, L.P.
Hazel Dell Northbound Widening
Appropriation: 1997 Hazel Dell/Pennsylvania St. Bond
P.O. #5175
Not To Exceed: $68,480.00
APPENDIX A
PROJECT:
Hazel Dell Northbound Widening
WORK:
As described by the Project plans, Bid Summary, and
Contract Documents including, but not limited to:
Hazel Dell Parkway widening of northbound lanes from
131 st Street to Ivy Hill Drive, including
removal/installation of curbs, installation of asphalt
pavement and median restoration.
DESIGN BY:
Project plan sheets and description provided by City
of Carreel Department of Engineering.
OWNER' S REPRESENTATIVE:
M. Kate Weese, PE
City Engineer
City of Carmel
One Civic Square
Carmel, 1N 46032
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z:Xadmin\bpw\jstohler~ontmcts & formal doeuments~railestone - engineering.doe
CITY OF CARMEL, INDIANA
ENGINEERING DEPARTMENT
Contract No. 01-03
Project:
Date of Letting:
Revision Date:
Bidder's Name: MILESTONE CONTRACTORS, L.P.
Bidder's Address: 5950 S. BELMONT AVENUE
Widening of N.B.L. Of Hazel Dell Parkway 131st to Ivy
October 17, 2001 Contract Total Bid
$68,480.00
Item~ Description Quantity Unit Unit Price Amount
1 SAW ~T PAVEMENT FOR CURB REMOVAL 1,075.000 LF 2.250 2,418,75
2 REMOVE EXISTING ~RB ~D GUTTER 970.000 LF 4.250 4,122,50
3 EXCAVATE NEW PAVEMENT TO REQUIRED DEPTH 1,275,000 SY 4.450 5,673.75
4 REMOVE BRICK PAVERS ~ NEEDED FOR PAVEING 11.000 SY 29.700 326.70
5 BACKFILL BEHIND NEW ~RB ~D ROUGH G~E 73.000 CY 16.960 1,238.08
6 SOD IN MEDI~ BEHIND C~B 220.000 SY 11.400 2,508.00
7 INST~L ~IR BACK ~B ON ~P~T B~E 940,000 LF 13.520 12,708.80
8 ll0~/SYD'. BI~INOUS SURFACE NO. 11 1,070.000 SY 3,220 3,445.40
9 220~/SYD. BI~INOUS BI~ER NO. 8 1,070.000 SY 5,780 6,184.60
10 440~/SYD. BI~INOUS B~E NO. 5 1,070.000 SY 9.140 9,779.80
11 300~/SYD. BI~INOUS BASE NO. 5C 1,275.000 SY 6.010 7,662.75
12 440~/SYD. BI~INOUS B~E NO. 5D 1,275.000 SY 8.430 10,748,25
13 ~INTEN~CE OF T~FFIC - B~ED ON N.B CLOSE 1.000 LS 1,662.620 1,662.{2
Bid Total ..... === ....... > $68,480.00
JOB SPECIFIC NOTES
Price includes one mobilization for asphalt crew, and one mob for ~rade crew. Additional
mobilizations will be Negotiated based on area available for pavin~ and modified production rates.
Price excludes sales tax.
Price is based on pavin~ durin~ the 2001-paving season. If the o~er decides to do pavin~ in a
subse~ent year adjustment will be made for changes in labor and material cost. All Quantities are
Approximate.
All pricin~ is Asphalt paving per plans dated 06/16/00, and details provided by City of Carmel
Engineers Office.
Maintenance of traffic includes signa~e for detour and road closure.
Price includes removal of brick pavers. Replacement of pavers is not included. This can be provide
upon re~est.
Respectfully,
Mile one Contractors, L.P.
Estimator
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
EXHIBIT B
Invoice
Dace:
ProjectName:
InvoiceNo:
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Goods
Cost Per
Item
Services
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury Policy Limit:
Each Occurrence Limit:
Fire Damage (any one fire):
Medical Expense Limit (any one person):
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
$500,000
$250,000
$250,000
$ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
$500,000 each accident
$500,000 each accident
$500,000
Each occurrence and aggregate: $500,000
Maximum deductible: $ 10,000