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Earth Solubtions, Inc/UtilitiesThis Contract made this ~ day of ,~,t , 20d'~ by and between ~-~,,,'f~/~ ~o[¢4Hv~t,~, :Zwc_ , hereina~'ter called the "Contractor" and the City of Carmel, Indiana, hereinafter called the "Owner". WlTNESSETH THAT: The Contractor and the Owner for the consideration stated herein agree as follows: ARTICLE I - SCOPE OF WORK The Contractor shall perform and guarantee everything required to be performed or guaranteed and shall provide and furnish all labor, material, except as otherwise specifically provided, necessary tools, expendable equipment and all utility and transportation services required to perform and complete in a workmanlike manner all the work required for the construction known as: SHELBORNE ROAD WATER MAIN EXTENSION CARMEL, INDIANA All in accordance with the plans and specifications, including any and all addenda, prepared by Beam, Longest & Neff, L.L.C., acting and in these Contract Documents referred to as the "Engineer", which plans and specifications are made a part of this contract, and to the other Contract Documents herein mentioned which are a part of this contract; and the Contractor shall do everything required by this contract and in accordance with other documents constituting a part hereof. ARTICLE II - CONDITIONS Contractor agrees to warranty the work against defects for a period of one year after completion and acceptance by the Owner. ARTICLE III - THE CONTRACT PRICE: The Owner shall pay to the Contractor for the performance of this contract, subject to any additions or deductions provided therein, the following amount: $ 289 652 O0 (Figures) Two hundred eighty-nine thousand, six hundred fifty-two dollars and no cents. (in words) ARTICLE IV - PAYMENTS Payments are to be made to the Contractor in accordance with the progression of the work; and are conditioned upon the Contractor furnishing the Owner with the satisfactory evidence that all payrolls, material bills and other cost incurred by the Contractor in connection with the construction of the work have been paid in full. A 5% retainage is to be until 61 days after work completion. ARTICLE: V - COMPONE:NT PARTS OF THIS CONTRACT This contract shall consist of the following component parts all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 2. 3. 4. 5. 6. 7. 8. 9. This Instrument General Conditions Special Conditions Specifications, including all Addenda Plans Proposal Instructions to Bidders Legal Notice Performance and Payment Bonds In the event that any provision in any of the above component parts of this contract conflicts with any provision in any of the other component parts, the provisions in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. In witness whereof, the parties hereto have caused this instrument to be executed in three (3) original counterparts the day and year first above written. CONTRACTOR: (Corporate Seal) ATTEST: OWNER: CITY OF CARMEL (By) (By) (By) (By) (By)