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HomeMy WebLinkAboutYardberry Landscape/UTIL/253,822/cool creek stabilization AGREEMENT BETWEEN OWNER AND CONTRACTOR f 6 This Agreement is dated as of the 18th day of June in the year 2014 by and between the City of Cannel through its Board of Public Works & Safety (hereinafter called OWNER) and Yardberry Landscape Excavating Company (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, Iagree as follows: ARTICLE 1. WORK i CONTRACTOR shall complete all work as specified or indicated in the contract documents. The work is generally described as follows: 1 City of Carmel,Indiana Cool Creek Bank Stabilization Project ARTICLE 2. ENGINEER The project has been developed for the OWNER by United Consulting, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities 5p and have the rights and authority assigned to the ENGINEER in the contract documents in connection with completion of the work in accordance with the contract documents. r. ARTICLE 3. CONTRACT TIME I 3.1. All work will be substantially completed within 120 calendar days from the days 1 when the contract time commences to run as provided in article 14 of the General Conditions, and Fully completed and ready for final payment in accordance with L article 14, paragraph 14.10 of the General Conditions with 150 days from the date the contract time commences to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if ii . 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 One Thousand and 00/100 dollars ($1,000.00) for each calendar day that expires after the time for Completions, as specified in paragraph 3.1, until the work is complete. After Substantial Completions if CONTRACTOR shall neglect, refuse or fail to El complete the remaining work within the contract time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand and 00/100 dollars ($1,000.00) for each calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. II 00500-1 Agreement Between Owner and Contractor i I ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for completion of the work in accordance with the contract documents the sum of: S 253.822.00 CONTRACTOR'S bid attached as an exhibit and made a part of this Agreement. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with article 14 of the General Conditions together with properly executed claims for payment on forms prescribed by the State Board of Accounts. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the contract price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 25th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in accordance with article 2 and article 14 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the work 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 paragraph 14.07. ARTICLE 6. INTEREST ;L All monies legally due but not paid when due as provided in article 14 of the General Conditions shall bear interest as provided by Indiana State Law. ARTICLE 7. CONTRACTORS REPRESENTATIONS In order to induce OWNER to enter into this agreement CONTRACTOR makes the following representations: ® 7.1. CONTRACTOR has familiarized itself with the nature and extent of the contract documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2. CONTRACTOR has reviewed and checked all information and data shown or indicated on the contract documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate 00500-2 �� Agreement Between Owner and Contractor • e location of said Underground Facilities as well as existing soil conditions. No additional examinations, investigations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the contract price, within the contract time and in accordance with the other terms and conditions of the contract documents, including specifically the provisions of paragraph 4.02 of the Standard General Conditions and Supplementary Conditions. 7.3. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the contract documents. • 7.4. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the contract documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. �? t ` ARTICLE 8. CONTRACT DOCUMENTS s The contract documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1. This Agreement(pages 1 to 5, inclusive). 8.2. Performance and Payment Bonds, and Certificates of Insurance 8.3. Notice of Award. 8.4. General Conditions. 8.5. Supplementary General Conditions. 8.6. Labor Standards. ,. ffi 8.7. Specific Provisions, Materials and Workmanship specifications. 8.8. Addenda numbers 1 to 1, inclusive. 8.9. Construction Drawings, prepared by ENGINEER(not attached hereto) 8.10 CONTRACTOR's Bid 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and arc not attached hereto: All written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to Articles 2 00500-3 Agreement Between Owner and Contractor i and 3 of the General Conditions. 8.13 The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). 3 There are no contract documents other than those listed above in this article 8. The contract documents may only be modified or supplemented as provided in article 3 of the pp General Conditions. �p ARTICLE 9. MISCELLANEOUS 9.1. Teens used in this agreement which are defined in article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the contract documents will be binding on another party hereto without the written consent of • the party sought be to bound; and specifically but without limitation monies that may become due and monies 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 the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or ff responsibility under the contract documents. 9.3. OWNER and CONTRACTOR each binds itself; its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the contract documents. 9.4. This agreement shall be governed by the laws of the State of Indiana and enforced pursuant to Indiana Code 36-1-12 and any and all other applicable state statutes and remedies under the laws of the State of Indiana. 9.5 CONTRACTOR and its subcontractor or any person on his behalf shall not discriminate against or intimidate any employee hired for the perfonnance of work under this contract on account of race, religion, color, sex, national origin or ancestry in accordance with IC 5-16-6. 9.6 CONTRACTOR shall comply with IC 5-16-8 in purchase of any steel products for this project. I� f III 'kt 00500-4 Agreement Between Owner and Contractor I 9 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER: All portions of the contract documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf This Agreement will be effective on_June 18, 2014. 4 CITY OF CARMEL, INDIANA CONTRACTOR: Yardbeny Landscape BY ITS BOARD OF PUBLIC WORKS Excavating Company AND SAFETY , y By J es Brainard, Presiding Officer CORPORATE SEAL Date: l�'" i 0 - � f Attest �J/+"' / ___ . Mary Ann'C urke, Member p Date: ��a 4)/ ' Lori Watso Member ATTEST: 'ii. ' a l'ana L. Cordray, I, Treasurer Address for giving notices Address for giving notices City of Carmel—Carmel Utilities g 30 WMain Street, Ste 220 9940 S. 1000 W. Carmel, IN 46032 Anderson, Indiana 46017 q 00500-5 Agreement Between Owner and Contractor