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Home My WebLink AboutE & B Paving 5-20-98THIS AGREEMENT AGREEMENT City of Camel is made and entered into as of ,19 ¢'oc> by and between the j~/A day of "OWNER": City of Cannel, Indiana, by and through its Board of public Works and Safety One Civic Square, Cannel, Indiana 46032 and "CONTRACTOR": "PROJECT:" DESIGN BY: OWNEK'S REPRESENTATIVE: E & B PAVING, INC. concerning the following: City Center Drive Phase I (126m Street Extension) Adams Street to Rangeline Road Project #97-10 Road Construction, Installation of Storm Sewers, Pedestrian Underpass, Sidewalks, Curb and Waterlines Woolpert LLP 7140 Waldemar Drive Indianapolis, IN 46268 M. Kate Boyle, City Engineer One Civic Square Camel, IN 46032 Gutters and A, RECITALS: The OWNER has heretofore caused to be prepared certain plans, specifications and other Contract Documents as hereinafter listed pertaining to the above described Project and Work, and the CONTRACTOK has filed a Bid Proposal to furnish labor, tools, material, equipment, services, and to perform said Work upon the terms and for the price(s) therein fully stated and set forth; The Contract Documents accurately and fully describe the terms and conditions upon which the CONTRACTOK is willing to furnish the labor, tools, material, equipmere, services, and perform the Work called for by the Contract Documents and in the manner and time and for the price(s) set forth therein. /l A-1 THE OWNER AND CONTRACTOR AGREE AS FOLLOWS: 1.1 Contract Documents This Agreement consists of the following "Contract Documents", all of which are as fully a part of this Agreement as if set out verbatim herein or attached hereto, and the same do in all particulars become the Agreement between the parties hereto in all matters and things set forth herein and described: .2 .4 .5 .6 .7 This Agreement; All Addenda issued prior to receipt of Bids, whether or not receipt thereof has been acknowledged by CONTRACTOK in its Bid; The Specifications (i) (U) Technical Specifications Contract Items The Conditions of the Contract (i) (ii) Supplemental Conditions Special Provisions General Conditions Additional Requirements Plans and Drawings (i) Detailed Drawings (ii) General Drawings Instructions to Bidders 1.2 .8 Notice to Bidders .9 Performance, Payment and Maintenance Bonds · 10 Bidder' s Itemized Proposal and Declarations .11 Other Documents defined as Contract Documents in any of the Documents listed above. In resolving conflicts, errors, discrepancies and disputes concerning the nature, character, scope or extem of Work to be performed or furnished by the CONTRACTOR, or other rights and obligations of the OWNER and CONTRACTOR, the provision of a Coreract Document expressing the greater quantity, quality or scope of the Work, or imposing the greater obligation upon the CONTRACTOR or affording the greater right or remedy to OWNER shall A-2 1 2.2 o 3.1 3.2 3.3 o govern, without regard to the party who drafted such provision; otherwise, the Documents shall be given precedence in the order as listed above. Contract Price The CONTRACTOR shall, in strict conformity with the Contract Documents, furnish all labor, tools, materials, equipment, services, assume and fulfill all obligations and perform all Work required to construct, complete, and make the Project ready for use by the OWNEK at the Unit Prices as quoted in the above described Bid Proposal the total not to exceed $ 3, o 2 a, a 10. 87 , subject to any additions or deletions based on actual approved quantities of the respective unit price items, which price the CONTRACTOK agrees to accept as full payment for all such Work actually performed and accepted as described in the Contract Items and Unit Prices specification and other Contract Documents (the "Contract Price"). The CONTRACTOR agrees that each unit price shall be deemed full and complete compensation for all direct and indirect costs for the each respective item of Work, including without limitation all materials, labor, supervision, equipment, transportation, warranties, repairs, replacement, overhead and profit for the item, complete and in place. The above stated Contract Price will be paid to the CONTKACTOR in the manner and at such times as set forth in the Contract Documents. Contract Time It is hereby understood and mutually agreed, by and between the CONTRACTOR and OWNER, that the date of commencement and the time for completion of the Work as specified in the Contract Documents are ESSENTIAL CONDITIONS of this Agreement. The CONTRACTOR agrees that the Work shall be commenced no later than the date indicated in the Notice to Proceed and that the Work shall be prosecuted regularly, diligently and unintermptedly at such a rate of progress as will insure Substantial Completion thereof, including completion of performance testing and such remedial work as may be required by the OWNER, by November 15, 1998 and Final Completion within fifteen (15) calendar days after Substantial Completion. The CONTRACTOR and OWNER acknowledge and agree that the time allotted by this Agreement for the performance and completion of the Work is reasonable and takes into account any and all risks and adverse conditions assumed by CONTRACTOK hereunder. Liquidated Damages The CONTRACTOR and OWNER recognize and contemplate that unexcused failure by the CONTRACTOK to complete the Work within the Contract Time will cause the OWNEK and the Public to suffer financial losses or inconvenience the full and exact extent and character of which cannot be measured as a basis for recovery by the OWNEK of actual damages, and that liquidated damages as prescribed in the Contract Documents represent a fair, reasonable and appropriate estimate thereof. Accordingly, the CONTRACTOR agrees that such liquidated damages may be assessed and recovered by the OWNER, as against CONTKACTOK and its Surety, in the event of delayed completion and without the OWNEK being required to present any evidence of the amount or character of actual damages sustained by reason thereof. Such II A-3 1 i i l I damages sustained by reason thereof.. Such liquidated damages shall be assessed and recovered at the rate as specified in these documents. 5. Effective Date This Agreement shall be deemed effective as of the date and year first above written notwithstanding the date on which this Agreement has been executed by the respective parties or their representatives as stated below. "CONTRACTOR" SIGNATURE(S): IN TESTIMONY THEREOF, the CONTRACTOR has hereunder set his hand this 19 day of Y~Y ,19 98 . Firm Name E & B PAVING, INC. Address 12600 S. R. 38 EAST, NOBLESVILLE, IN 46060 Telephone No. 1 - 3 17 - 7 7 3 - 4 13 2 By: ~ t ~ Signature Fax No. 1-317-773-4137 Printed: GARY L. STEBBINS Title: PRE S I DENT A-4 "OWNER" SIGNATURES: .! IN WITNESS WHEREOF, the OWNER does hereby accept the foregoing Agreement, and has herewith set his hand this t~t)~7~ day of///)~_,6/' ,19 ~g. For and on behalf of the City of Carmel by its Board of Public Works and Safety. CITY OF CARMEL BOARD OF PUBLIC BW'yyRKS ~ By: B~t...,m.~.~h ,~~~mbe~'_~~r / ATTEST: Di ,ana Cor~~~er APPROVED AS TO LEGAL FORM: DEPARTMENT OF LAW City Attomey Date: A-5 PROJECT COST:SHEET 04/14/00 Project Name: City Center Phase I Contractor: E & B Paving Inc. Contract No.: 0520.98.01 Original Contract Award Amount: $4,007,750.07 CHANGE ORDERS No. Date 1 11/30/1998 2 11/30/1998 3 11/30/1998 4 11/30/1998 5 11/30/1998 6 12/18/1998 7 12/29/1998 8 12/29/1998 9 04/06/1999 10 05/21/1999 11 08/03/1999 12 08/23/1999 13 08/23/1999 14 02/07/2000 Amount $4,007,750.07 -$4,000.00 $3,985.00 $144.00 $14 988.30 $21 148.13 -$19 838.00 $13 854.92 $10 492.53 $6 77O.OO $1 629.46 $42 341.79 $35 898.47 $132 9O2.11 $23 17O.OO Total Project Cost Estimate as of 411 3100 $4,291,236.78 i. City of Caramel .:..==:.:.....:..:......: ........:..:.. :..:. ....... ;::=i :=:: =. =.::.. '! ; E.;Departntent of Engineerlng