Veolia Water/Carmel/Holaday Hill/Util
FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
THIS AGREEMENT is by and between City of Carmel Utility ("Owner") and
Veolia Water Indianapolis, LLC ("Contractor").
Owner and Contractor hereby agree as follows:
ARTICLE I - WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
the furnishing; installation, testing (aid placing into operation approximately 7,800 lineal feet of
6 and 8 -inch water main directionally drilled and appurtenance., more.or less, located in the
Holaday Hills and Dales Subdivision between, 106'h Street and 99`" Street.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents maybe the whole or only a part is
generally described as follows:
Holadav Hills and Dales IVater Main F_xtension Carmel Project - No. 75.
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by Weihe (Engineer), which is to act as Owner's representative,
assume all duties and responsibilities, and have the rights and authority assigned to Engineer in
the Contract Documents in connection with the completion of the Work in accordance with the
Contract Documents.
ARTICLE 4 - CONTRACT TINES
4.01 Time of the Essence
A. All 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 Days to Achieve Substantial Completion and Final Payment
A. The Work will be substantially completed within 90 days after the date when the Contract
Times commence to run as provided in Paragraph 2.03 of the General Conditions, and
completed and ready for final payment in accordance with Paragraph 14.07 of the General
Conditions within 120 days after the date when the Contract Times commence to run.
W08-0489
CONTRACT
520-1
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 loss if the Work is not completed within the times specified
in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of
the General Conditions. 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), Contractor shall pay Owner
$500, for each•day that expires after the time specified in Paragraph 4.02 above for Substantial
Completion until the Work is substantially complete. After Substantial Completion, if
Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract
Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $750 for
each day that expires after the time specified in Paragraph 4'.02 -above for completion and
readiness for final payment until the Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
Paragraphs 5.0 LA, 5.01.6, and 5.01.C below:
A FaaF id! Work othci than U Hit c vc an l omF (ZriEZ WBr1e, a Inmp ..diil Bf" $
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All " eifi . eash ..n,a,,.mee^ afe eitide I : the above priee in etdanee with o.,.. ph 11.0
of tile, Genel-Al
B. For all Unit Price Work, an amount equal to the sum of the established unit price for each
separately identified item of Unit Price Work times the actual quantity of that item:
BID SCHEDUIX -UN IT PRICE
item No.
Item Description
Unit Estimated
Quantity
Bid Unit Price
Bid Price
1 8" H.D.P.E.IVATER LINE LF 6895 $24.85 $171,340.75
2 6" H.D.P.E. NVATER LINE LF 885 $26.24 $23,222.40
3 8" VALVE EA 6 $1,075.50 $6.453.00
4 6" VALVE EA 2 $753.00 $1,506.00
5 FIRE HYDRANTASSEbIBLY EA 14 $3,110.00 $43,540.00
6 TAPPING SLEEVE (16"X8") AND VALVE EA 2 $4,850.00 $9,700.00
7 SERVICE LINE (SHORT SIDE) EA 43 $373.00 $16,039.00
8 SERVICE LINE (LONG SIDE) EA 43 $887.00 $38,141.00
9 SODDINGAND -FiNISHGRADING LSUM 1 $17,100.00 $17,100.00
10 NIOBILIZ.ATION/DIiMOBILI7A'I'ION LSUM 1 $6,700.00 $6,700.00
11 AS-BUILTS LSUM 1 $1.900.00 $1,900.00
Total of all Bid Prices (Unit Price Work) $ 335,642.15
WOS-0489 CONTRACT 520-2
The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are
based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions,
estimated quantities are not guaranteed, and determinations of actual quantities and
classifications are to be made by Engineer as provided in Paragraph 9.07 of the General
Conditions.
Q Fee all Wef-k, at the priees tee in Ca°„aetaf's Bid attached hefete as an exhibit.
ARTICLE 6 - PAYMENTPROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in-accordance with Article 14 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 account of the Contract Price on the basis of
Contractor's Applications for Payment on or about the 30 day of each month during
performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be
measured by the schedule of values established as provided in Paragraph 2.07.A of 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 in the General Requirements.
I., Prior to SubstantialCompletion, 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 Engineer may determine or Owner may withhold, including
but not limited to liquidated damages, in accordance with Paragraph 94.02 of the General
Conditions.
a. 95 percent of Work completed (with the balance being retainage).
b. 95 percent of cost of materials and equipment not incorporated in the Work (with the
balance being retainage).
6.03 Final Payment
A. Upon final completion and acceptance of the }York in accordance with.Paragraph 14.07 of the
General Conditions, Owner shall pay the remainder of the Contract Price as-recommended by
Engineer as provided in said Paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
maximum rate allowed by law at the place of the Project.
W08-0489 CONTRACT 520-3
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
&.01 In order to induce Owner to enter into this Agreement, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents and the other related
data identified in the Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost; progress, and performance of the Work.
D. Contractor has carefully studied all: (1) !-epwts of explefat.en° and tests of subs ffiic
P01;dil;ewq 'It OF e8ntigueus to thp, And all a.
Of -E)HElitiORS
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have beefi 4deRfified iii • Paimagraph SC- '- of the Suppienienirai-y Genditions as _ a
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if any, at the Site that haN,e been idewified in Pat-Rgf:aph SG 4.06 of
E. Contractor has considered the information known to Contractor; 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 Site-related reports and drawings
identified in the Contract Documents,, with respect to the effect of such information,
observations; and documents on. (I) the cost, progress, and performance of the Work; (2) the
means, methods, techniques, sequences, and procedures of construction to be employed. by
Contractor, including any specific means,, methods, techniques, sequences, and procedures of
construction expressly required by the Contract Documents; and (3) Contractor's safety
precautions and programs.
F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor
does not consider that further examinations, investigations, explorations, tests, studies, or data
are necessary for the performance ofthe Workat the Contract Price, within the Contract Times,
and in accordance with the other terms and conditions of the Contract Documents.
G. 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.
H. Contractor has given Engineer written notice of all conflicts,, errors; ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resolution thereof by Engineer is.acceptable to Contractor.
1. The Contract •Documents are generally sufficient.to indicate and convey understanding of all
terns and conditions. for performance and furnishing of the Work.
W08-0439 CONTRACT 520-4
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to _, inclusive).
2. Performance bond (Section 00610, pages I to 3 , inclusive).
3. Payment bond (Section 00615, pages 1 to 3 , inclusive).
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5. General Conditions (Section 00700, pages I to 62 , inclusive).
6. Supplementary Conditions (Section 00800, pages I to 23 , inclusive).
7. Specifications as, listed in the table of contents of the Project Manual.
8. Drawings consisting of 8 sheets that bear the following sheet title and index:
Cover Sheet 0001
Overall Layout Plan C100
Water Plan C101 -005
Water Detail Sheet C201
9. Addenda (numbers 1 to I , inclusive).
10. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid (Section 00410, pages 1 to 11 , inclusive).
b. Dumentat en submitted by Eentraeter-prieF to Pletiee-er Award (piigeS
to
melaavcr
11. The.following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a. Notice to Proceed (Section 00510, pages 1 to I , inclusive).
b. Work Change Directives.
w!08-0439 CONTRACT 520-5
c. Change Orders.
NOTE TO USER
If any of the items listed are not to he included as Contract Documents,
remove such item,from the lisrand renumber the remaining items.
B. The documents listed in Paragraph 9.0LA are attached to this Agreement (except as expressly
noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified,. or supplemented as provided in
Paragraph 3.04 of the General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terns
A. Terms used in this Agreement will have the meanings stated in the General Conditions and the
Supplementary Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding
on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are-due may
not be assigned without such consent (except to the extent that the effect of this restriction may
be limited by law), and unless specifically stated to die contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each bind itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect, to all' covenants, agreements, and obligations contained in the
Contract Documents.
10.04 S'everability
A. 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 of part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
10.05 Contractor's Certifications
WOS-0489 CONTRACT .520:6
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
10.05:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing 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
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.
W08-0489 CONTRACT' 520-7
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have
been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or
have been identified by Owner and Contractor or on their behalf.
This Agreement will be effective on (which is the Effective Date of the Agreement).
OWNER: CONTRACTOR
?FOL-14 wAI-EA21NDiANi4P0u3
By: By: ! ^? Q 294, ?
Title: Title: VP FIELD 047eATto46
(If Contractor is a corporation, a partnership,
or a joint venture, attach evidence of authority
to sign.)
Attest
Attest: p Vi G
Title: Title: PDTEC? /?i7aA6c F ° z ° oe
Address forgiving notices: Address for giving notices:
10W RIAIrEept?
tiYl?/?tNAP1us, 1A? ?/G?DoZ
License No.:
Agent for service of process:
WOS-0489 COYTRACT 520-8
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
c,
Ja s Brainard, Presiding Officer