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HomeMy WebLinkAboutCommercial Pavers, Inc. Milling Alone AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT, Made as of the Fourth day of April, In the Year of Two thousand eleven, (414111). Between the Owner: City of Jeffersonville, Indiana 500 Quartermaster Court Ste. 300 Jeffersonville, TN 47130 8121285 -6475 FAX And the Contractor: Commercial Pavers, Inc. 1801 Payne Street Louisville, KY 40206 5021583 -1726 FAX 502/583-6375 For the Project: City of Jeffersonville. Indiana - Paving Material, Street Department "Milling Alone" Jeffersonville, Clark, Indiana ARTICLE 1. CONTRACT DOCUMENTS 1.1 The contract documents consist of this Agreement, the General Conditions, Construction Plans and Specifications, Attachment "A" and all change orders or modifications issued and agreed to by both parties. 1.2 All documents noted herein shall be provided to the Contractor by the Owner. These contract documents represent the entire agreement of both parties and supersede any prior oral or written agreement. ARTICLE 2. SCOPE OF WORK 2.1 The Owner agrees to purchase and the Contractor agrees to perform the scope of work as defined in Attachment "A" dated 1/25/11. 3.1 ARTICLE 3. NOT USED 1 ARTICLE 4. THE CONTRACT PRICE 4.1 The purchase price of the project shall be set at Me sum of (Unit Prices per Attachment "A ") dollars (SUnit Prices) subject to additions and deductions pursuant to authorized change orders and allowances. Please refer to Attachment "A" dated 1/25111, which includes the breakdown of the items of work. Initialed by: Owner _ Contractor City of Jeffersonville, Indiana - Paving Material, Street Department Jeffersonville, Clark, Indiana ARTICLE 5. PROGRESS PAYMENTS 5.1 The Owner will make payments to the contractor pursuant to the attached construction draw schedule as work required by said schedule is satisfactorily completed. Owner shall make draw payments to contractor within (15) days after request by contractor. Should the owner fail to make payment, contractor may charge a penalty of 1.5% monthly (18 %) annually upon the unpaid amount until paid. 5.2 If payment is not received by the Contractor within (45) days after delivery of payment demand for work satisfactorily completed, contractor shall have the right to stop work or terminate the contract at his option. Termination by Contractor under the provisions of this paragraph shall not relieve the Owner of the obligations of payments to Contractor for that part of the work performed prior to such termination. Termination by Owner under the provisions of this paragraph shall not relieve the Owner of the obligations of payments to Contractor for that part of the work performed prior to such termination. ARTICLE 6. DUTIES OF THE CONTRACTOR 6.1 All work shall be completed in a workmanlike manner, and shall comply with all applicable national, state and local building codes and laws. 6.2 Contractor shall remove all construction debris produced by Contractor. 63 Upon satisfactory payment being made for all work described in Attachment "A". Contractor shall furnish a full and unconditional release of all rights to assert a claim or mechanics' lien against the Owner or the Project site. ARTICLE 7. OWNER 7A The Owner shall communicate with subcontractors only through the Contractor. 7.2 The Owner will not assume or have control over or charge of construction means, methods, techniques. sequences. procedures, or for safety precautions and programs in connection with the project, since these arc solely the Contractor's responsibility. 73 The Owner agrees that each signatory below shall he jointly and severally liable and responsible for the Owner's obligations, including payment obligations, stated herein. ARTICLE S. CHANGE ORDERS AND FINISH SCHEDULES 8.1 A Change Order is any change to the original plans and/or specifications. All change orders need to be agreed upon in writing, including cost, a description of the work to be perforated, additional time considerations, and signed by both parties. ARTICLE 9. INSURANCE 9.1 Not used. 9.2 The Owner will purchase and maintain property insurance to the full and insurable value of the project, in ease of a fire, vandalism, malicious mischief or other instances that may occur. Contractor shall he named as an additional insured to said policy. The deductible for said policy shall not exceed $1,000.00. - 2 - Initialed by: Owner _ Contractor City of Jeffersonville, Indiana - Paving Material, Street Department Jeffersonville, Clark, Indiana 9.3 The Contractor shall purchase and maintain needed Workman's Compensation and Liability insurance coverage as required by law and deemed necessary for his own protection. If requested by the owner, the contractor's insurance certificate will be endorsed to show the owner as additional insured with respect to general liability for work performed by the contractor. ARTICLE 10. GENERAI. PROVISIONS 10.1 If conditions are encountered at the construction site which are subsurface or otherwise concealed physical conditions or unknown physical conditions of an unusual nature, which differ naturally from those ordinarily found to exist and generally recognized as inherent in construction activities, the Owner will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of perfonnance of any part of the work. will negotiate with the Contractor an equitable adjustment in the contract sum. ARTICLE 11. HAZARDOUS MATERIALS, WASTE AND ASBESTOS 11.1 Both parties agree that dealing with hazardous materials, waste or asbestos requires specialized training, processes, precautions and licenses. Therefore, unless the scope of this agreement includes the specific handling, disturbance. removal or transportation of hazardous materials, waste or asbestos. upon discovery of such hazardous materials the Contractor shall notify the Owner immediately and allow the Owner to contract with a properly licensed and qualified hazardous tnaterial contractor. Any delay, demobilizationfremobilization costs, or other related costs associated with any such remediation that are incurred by Contractor shall be paid by the Owner through a Change Order. ARTICLE 12. ARBITRATION OF DISPUTES 12.1 Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. ARTICLE 13. WARRANTY 13.1 Contractor guarantees all materials and workmanship for a period of one (1) year from the date of substantial completion. Contractor does not warranty against standing water where the existing or proposed slope is Tess than 1.5 %. ARTICLE 14. TERMINATION OF THE CONTRACT 14.1 Should the Owner or Contractor fail to carry out this contract, with all of its provisions, the following options and stipulations shall apply: 14.1.1 If the Owner or the Contractor shall default on the contract, the non -defaulting party may declare the contract is in default and proceed against the defaulting party for the recovery of all damages incurred as a result of said breach of contract, including a reasonable attorney's fee. - 3 - Initialed by: Owner _ Contractor City of Jeffersonville, Indiana - Paving Material, Street Department Jeffersonville, Clark, Indiana ARTICLE 15. ATTORNEY FEES 15.1 In the event of any arbitration or litigation relating to the project, project performance or this contract, the prevailing party shall be entitled to reasonable attorney fccs, costs and expenses. ARTICLE I6. ACCEPTANCE AND OCCUPANCY 16.1 Upon completion, the project shall be inspected by the Owner and the Contractor, and any repairs necessary to comply with the contract documents shall be made by the Contractor. WITNESS our hand and seal on this 4711 day of 4 , 202 CONTRACTOR: OWNER: CO1M1TERr'A , PAVERS, INC. CITY OF 3 EFFERSONvILLE, INDIANA Cmcto conaacto Signature U Name typed Brian McDonald. Secretarvtlreasurer Name and Title Q. Witness Witness - 4 - Initialed by: Owncr _ Contractor City of Jeffersonville, Indiana - Paving Material, Street Department Jeffersonville, Clark, Indiana GENERAL CONDITIONS ARTICLE 1. CONTRACT DOCUMENTS 1.1 The contract documents consist of the contract, general conditions, construction documents, specifications, allowances, finish schedules, construction draw schedule, all addenda issued prior to execution of this agreement and all change orders or modifications issued and agreed to by both parties. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of' the work by the Contractor. The Contract Documents are complimentary, and what is required by one shall be as binding as if required by all. Performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 1.2 The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the architect and contractor, (2) between the owner and a subcontractor or sub - subcontractor or (3) between any persons or entities other than the owner and contractor. 1.3 The term 'work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor. materials, equipment and services to be provided or to be provided by Contractor to fulfill the Contractor's obligations. The work may constitute the whole or a part of the project. 1.4 The drawings, specifications and other documents furnished by the Contractor are instruments of service and shall not become property of the owner whether or not the project for which they are made is commenced. Drawings, specifications and other documents furnished by the Contractor shall not be used by the owner on other projects, for addition to this project or, unless the Contractor is in default of this contract, for completion of this project by others, except by written agreement relating to use, liability and compensation. 1.5 Submission or distribution of documents to meet official regulatory requirements or for other purposes in connection with the project is not to be construed as publication in derogation of the contractor's common law copyrights or other reserved rights. The Owner shall own neither the documents nor the copyrights. ARTICLE 2. OWNER 2.1 The Owner shall furnish all necessary surveys and a legal description of the site. 2.2 Owner shall secure and pay for all necessary approvals, casements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities. 2.3 Not Used. 2.4 If the Owner observes or otherwise becomes aware of a fault or defect in the work or any nonconformity with the design or Construction Documents, the Owner shall give prompt written notice to the Contractor. 2.5 Thc Owner shall furnish required information and services and shall promptly render decisions pertaining there to avoid delay in the orderly progress of the design and construction. - 5 - Initialed by: Owner _ Contractor City of Jeffersonville, Indiana - Paving Material, Street Department Jeffersonville, Clark, Indiana 2.6 The Owner shall, at the request of the Contractor, provide a certified or notarized statement of funds available for the project and their source. 2.7 The Owner shall communicate with the subcontractors only through the Contractor. 2.8 The Owner will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, since these are solely the Contractor's responsibility. ARTICLE 3. CONTRACTOR 3.1 The Contractor shall supervise and direct the work, using the Contractor's best skills and attention. The 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 under the contract. 3.2 Unless Contract Documents give other specific instnictions concerning these matters, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and transportation and other facilities and services necessary for the proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the work. 3.3 The Contractor shall enforce strict discipline and good order among the contractor's employees and other persons carrying out the contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4 The Contractor warrants to the owner that materials and equipment furnished under this contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the work will be free from defects not inherent in the quality required or permitted and that the work will conform to the requirements of the Contract Documents. Work not confonning to these requirelnents, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modification not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality or materials and equipment. 3.5 Unless otherwise provided in the Contract Documents, the Contractor shall pay sales, consumer use and other similar taxes which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.6 The Contractor shall comply with and give notices required by laws, ordinances, rules and regulations, and lawful orders of public authorities bearing on performance of the work. The Contractor shall promptly notify the Owner if the drawings and specification are observed by the contractor to be at a variance therewith. 3.7 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, subcontractors and their agents and employees, and other persons performing portions of the work under a contract with the Contractor. 3.8 Design services shall be performed by a qualified professional selected and paid by the Owner. The professional obligations of such persons shall be undertaken and performed in the interest of the Contractor. Construction services shall be performed by qualified subcontractors and suppliers, selceted and paid by the Contractor. There shall be no professional obligation or contractual relationship between such persons and the Owner. - 6 - Initialed by: Owner _ Contractor City of Jeffersonville, Indiana - Paving Material, Street Department Jeffersonville, Clark, Indiana 3.9 The Contractor shall keep the Owner informed of the progress and quality of the work. ARTICLE 4. RELATIONSHIP OK BOTH PARTIES 4.1 The Owner agrees to exercise best efforts to enable the Contractor to perl'onn the work in the hest way and most expeditious manner by furnishing and approving in timely way information required by the Contractor and making payments to the Contractor in accordance with the requirements of the Contract Documents. ARTICLE 5. UNKNOWN CONDITIONS 5.1 If conditions are encountered at the site which are: (1) Subsurface or otherwise concealed physical conditions which dif materially from those indicated in the Contract Documents (2) Unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the construction documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed. The Owner will promptly investigate such conditions and will negotiate with thc Contractor an equitable adjustment in the contract sum. 5.2 If the Contractor wished to make claim for an increase in the contract sum. written notice as provided herein shall be given to the Owner before proceeding to execute the work. Prior notice is not required for claims relating to an emergency endangering lifc or property. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) A written interpretation from the Owner (2) An order by the Owner to stop the work where the Contractor was not at fault (3) A written order for a change in the work issued by the Owner (4) Failure of payment by the Owner (5) Termination of the Contract by the Owner (6) Owner's suspension (7) Other reasonable grounds, claims shall be filed in accordance with the procedures established herein. 5.3 Not used 5.4 Not used 5.5 If either party to the contract suffers injury or damage to person or property because of an act or omission of the other party, any of the other party's employee's or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether insured of not, shall be given to the other party within a reasonable time. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a claim for additional cost related to this claim is to be asserted, it shall be filed as provided in subparagraphs 5.2. ARTICLE 6. CHANGES IN THE WORK 6.1 A Change Order is a written order signed by the Owner and the Contractor, and issued after execution of the contract, authorizing a change in the work or adjustment in the contract suns. The contract sum can only be modified by a change order. - 7 - initialed by: Owner _ Contractor City of Jeffersonville, Indiana - Paving Material, Street Department Jeffersonville, Clark, Indiana 6.2 The Owner without invalidating the contract may order changes in the work within the general scope of the original contract consisting of additions, deletions or other revisions and the contract sum shall he adjusted accordingly. Such changes in the work shall be authorized by a change order, and shall be performed undcr applicable conditions of the contract documents. 63 If the Owner requests the Contractor to submit a proposal for a change in the work and then elects not to proceed with the change, a change order shall be issued to reimburse the Contractor for any costs incurred for design services, bid preparation or proposed revisions to the contract documents. 6.4 The Contractor shall he compensated for changes in the work necessitated by the enactment or revisions or codes, laws or regulations subsequent to the submission of the Contractor's proposal. ARTICLE 7. NOT USED ARTICLE 8. CORRECTION OF WORK 8.1 The Contractor shall promptly correct work failing to conform to the contract documents, whether observed before or alter substantial completion and whether or not fabricated, installed or completed and shall correct work found not to be in accordanuc with the requirements of the contract documents within a period of one year from the date of substantial completion of the contract or by teens of an applicable special warranty required by the contract documents. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. 8.2 Not used. ARTICLE 9. ACCEPTANCE By execution of this document, 1 agree to have read and fully understand all statements and implications of this document. I agree to explicitly abide by and follow the above conditions as listed in this agreement. - 8 - Initialed by: Owner _ Contractor • AI IACMMtNI "A" Iigh COMMERCIAL PAVERS *lc. 1801 Payne Street Louisville, Kentucky 40206 -1999 (502) 583-1726 (502) 583-6375 (Fax) January 25, 2011 City of Jeffersonville, Indiana Board of Public Works and Safety 500 Quartermaster Court Jeffersonville, IN 47130 Commercial Pavers purpose to furnish all labor, material, equipment and supervision necessary to perform the following : 1) 10,000 tons of type "8" Surface -FOB — No Bid " 3) Milling (city fiurnish trucks) 59.75/TN Sincerely, ... £ }. vJ r-ef 164 i-1 _ William B. Dougherty President