Miller Pipeline/UTIL/18,747/Wilson Sewer Cleaning 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
Miller Pipeline . ("Contractor"), for the project known as Wilson Sewer
Cleaning Contract 82 to be constructed in the Wilson Subdivision and Adjacent to the
1 High School in Carmel Indiana (the "Project").
Owner:
City of Carmel, Indiana
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
PContractor:
Miller Pipeline
8850 Crawfordsville Rd.
• Indianapolis, IN 46234
Project:
PWilson Sewer Cleaning, Contract 82
Engineer:
Jones & Henry Engineers, Ltd.
1980 E 116th St; STE 260
Carmel, Indiana 46032
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t. The Owner and Contractor agree as follows:
Article 1. Contract Documents. The Contract Documents consist of this
Agreement, the 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
a not be construed to create a contractual relationship of any kind (1) between Owner
Sand 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).
Wilson Sewer Cleaning/Contract 82 CITY OF CARMEL
Agreement Between Owner and Contractor
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1 .3 E-Verify Form
1.4 Specifications, consisting of all sections listed in Table of Contents
, thereof with the general title:
, Wilson Sewer Cleaning Contract 82
1.5 Drawings 1 through 2
. There are no Contract Documents other than those listed above in this Article 1. The
1 Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.4 of the General Conditions.
1
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
1 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
1 intended by the Contract Documents and generally described as Wilson Sewer
( Cleaning Contract 82 (all hereinafter called the "Work"):
0 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.
0 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
0 the inspection of Work performed under the Contract Documents to determine that
0 the Work is in proper condition to receive subsequent Work.
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I) Article 3. Engineer. The Project has been designed by Jones & Henry Engineers,
Ltd., 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
k authority assigned to Engineer in the Contract Documents in connection with
R completion of the Work all in accordance with the Contract Documents.
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PI 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 within ninety (30) days after the
14 Contract Time commences to run.
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
iY4 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
F subordinates. All materials and labor shall be furnished at such time as shall be for
A 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
Wilson Sewer Cleaning/Contract 62 CITY OF CARMEL
Agreement Between Owner and Contractor
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4 accordance with the Contract Documents in current funds based on the bid prices as
9 set forth in the conformed copy of the Contractor's Bid, the sum of
L Eighteen Thousand Seven Hundred
4 Forty—Seven Dollars and Zero Cents �$ 18,747.00 ("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
4 Documents. The Contract Sum may be changed only by Change Order.
Article 6. Contract Payments. All payments provided herein are subject to funds
9 as provided by Owner and the laws of the State of Indiana. Contractor shall submit
9 Applications for Payment. Based on Applications for Payment properly submitted to
L Engineer by Contractor, the Applications for Payment will be processed by Engineer
9 as provided in the General Conditions,
9 A. Progress Payments; Retainage: Owner shall make monthly progress
9 payments on account of the Contract Price on the basis of Contractor's Applications
i for Payment as recommended by Engineer, no more often than monthly during
i. construction as provided below. Such Application for Payment shall be supported by
9 such data substantiating Contractor's right to payment as Owner may require, such
4 as copies of requisitions from subcontractors and material suppliers.
9
B. Payment of Subcontractors. The Contractor agrees to assume and
L does assume full and exclusive responsibility for the payment of subcontractors in
9 compliance with Ind. Code § 36-1-12-13. The Agreement is expressly made an
9 obligation covered by the Contractor's Payment Bond and Performance Bond
t4 obligation. The obligation of the surety shall not in any way be affected by the
abankruptcy, insolvency, or breach of contract of the Contractor.
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9 1 . Upon receipt of a progress payment, Contractor shall pay promptly all
0 valid bills and charges for materials, equipment, labor and other costs in connection
0 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
0 costs, or any of them, filed against the Project or the site, or any part thereof, and
9 from and against all expenses and liability in connection therewith including, but not
4 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
0 of any unpaid bill in connection with the Work, Contractor shall forthwith either pay or
9 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.
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lee C. Final Payment. Owner shall pay the remainder of the Contract Sum as
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0 recommended by Engineer.
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a 1. Acceptance of final payment by Contractor shall constitute a waiver of
0 claims by Contractor except those previously made in writing and identified by
0 Contractor as unsettled at the time of final payment.
a Article 7. Termination and Suspension. The Agreement may be terminated by the
it Owner or the Contractor .
Wilson Sewer Cleaning/Contract 82 CITY OF CARMEL
Agreement Between Owner and Contractor
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Article 9. Owner's, Contractor's and Engineer's Representations.
9.1 The Owner's Representative is:
Mr. John Duffy, Utility Director
760 3rd Avenue S.W., Suite 110
Carmel, Indiana 46032
9.2 The Engineers Representative is:
Mr. Tom Schreiber
1980 E. 116TH St; ste 260
Carmel, Indiana 46032
9.3 The Contractor's Representative is:
Brian Smith
8850 Crawfordsville Rd.
9 Tndianapolis. TN 46234
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
9 Contractor, who agree that the Contract Documents shall be reformed to replace
5 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 D. RIGHTS AND REMEDIES. Duties and obligations imposed by the
B Contract Documents and rights and remedies available thereunder shall be in
0 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.
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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
Wilson Sewer Cleaning/Contract 82 CITY OF CARMEL
Agreement Between Owner and Contractor
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9 Arbitration Association in accordance with its Construction Industry Mediation
S 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.
9 Agreements reached in mediation shall be enforceable as settlement agreements in
any court having jurisdiction thereof. •
This Agreement will be effective on 1/ /5 , 2013 .
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City of Carmel, Indiana .Miller Pipeline
® Owner ,, Contractor
Pi It's Board of Works & Public
By Safety By ' I lt / ,'.t,.ew11
[CORPORATE SEAL]
)Ma or and M er(.9-7-frt.-- A„,,,„.%)
!9 Memb r
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Member
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k Attest _ 'A .4, / ,,{, attaY ) Attestg y C. 47,07.1104....,
a Diana . Cordray, Cle``rrk�k,Treasurer
Pe Address for giving noflces Address for giving notices
4 One Civic Square 8850 Crawfordsville Rd. , Indianapolis,
4 Carmel, IN 46032 Indiana 46234
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v No. 35-1959522
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Agreement Between Owner and Contractor
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