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HomeMy WebLinkAboutHarvey Construction/UTIL/600,000/111th Springmill 16" water main/$242,590 SECTION 00 52 00 AGREEMENT FORM THIS AGREEMENT is dated as of the 11 day of April in the year of 2012 by and between the City of Carmel, Indiana (hereafter called OWNER) and (hereafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project is generally described as follows: CITY OF CARMEL 111 STREET SPRINGMILL ROAD: 16" WATER MAIN EXTENSION 111 STREET CENTRAL AVENUE: 16" WATER MAIN EXTENSION CONTRACT #112 ARTICLE 2. ENGINEER The project has been designed by DLZ INDIANA, LLC of Indianapolis, Indiana, who is hereafter called ENGINEER and who 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 completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within 150 consecutive calendar days from the date when the Contract Time commences 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 180 consecutive calendar days from the date when 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 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 Six Hundred Dollars ($600.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, City of Carmel 0863 0627 -90 February, 2012 00 52 00 1 Agreement Form refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Six Hundred Dollars ($600.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds based on the bid prices as set forth in the conformed copy of the CONTRACTOR's Bid hereto attached. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage: OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, no more often than monthly during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07A 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. 5.1.1. Prior to Substantial Completion, 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 shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. Progress payment will be made for 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work has been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. Progress payment will be made for 90% of invoice price for materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02 of the General Conditions). 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to ninety eight percent (98 of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.04 of the General City of Carmel 0863 0627 -90 February, 2012 00 52 00 2 Agreement Form 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 said paragraph 14.07. ARTICLE 6. INTEREST The CONTRACTOR is entitled to receive interest on all monies not paid when due as provided in Article 14 of the General Conditions. The CONTRACTOR must initiate the request to establish an escrow agent with the City's Utility Director. If no request is made by the CONTRACTOR, the right to receive interest on all monies not paid when due is waived by the CONTRACTOR. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data. 7.2 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, performance or furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph S.C. 4.02 of the Supplementary Conditions or the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated on the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data conceming conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times in accordance with City of Carmel 0863 0627 -90 February, 2012 00 52 00 3 Agreement Form the other terms and conditions of the Contract Documents. 7.5 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. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 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, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and fumishing the Work. ARTICLE 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 00 52 00 1 to 00 52 00 6 inclusive) 8.2 Exhibits to this Agreement (pages 00 52 00 7 to 00 52 00 20) 8.3 Performance and Payment Bonds, identified as Exhibits B and C and consisting of 4 pages 8.4 Notice to Proceed identified as Exhibit F 8.5 General Conditions (pages 00700 -0 to 00700 -40). 8.6 Supplementary Conditions (pages 00 73 00 1 to 00 73 00 16. 8.7 Specifications bearing the title: 111 STREET SPRINGMILL ROAD: 16" WATER MAIN EXTENSION 111 STREET CENTRAL AVENUE: 16" WATER MAIN EXTENSION CONTRACT #112 8.8 Drawings (Plans), consisting of a cover sheet and sheets numbered 1 and 12 inclusive with each sheet bearing the following general titles: 111 STREET SPRINGMILL ROAD: 16" WATER MAIN EXTENSION 111 STREET CENTRAL AVENUE: 16" WATER MAIN EXTENSION 8.9 Addendum Number 1. 8.10 CONTRACTOR'S BID (pages 00 41 00 1 to 00 41 00 -8 inclusive). 8.11 Power of Attorney. 8.12 Certificates of Insurance per the General Conditions. City of Carmel 0863 0627 -90 February, 2012 00 52 00 4 Agreement Form 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to Article 3 of the General Conditions. There ;are lip Contract Documents other than those listed above in this Article 8. The Contract Documents "may,only amended, modified or supplemented as provided in Article 3 of the C 2rieal Con8i oiis:, 1 ,rhe documents listed in Paragraph 8.2 et. seq. above are attached to the Agreement (except as e pressly noted otherwise above). i;1 :ARTICLE 9. MCELLANEOUS 9 ITerms used m4his Agreement which are defined in Article 1 of the General Conditions will ;'Ohave 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 to be bound; and specifically, but not 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 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 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 or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 Being a Public Works project, this contract and all conditions are subject to compliance with IC-36-1-12, et. seq. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed 5 copies of this Agreement. 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 identified by ENGINEER on their behalf. This agreement will be effective on April 11 2012 (which is the Effective Date of this Agreement). City of Carmel 0863 0627 -90 February, 2012 00 52 00 5 Agreement Form City of Carmel, Indiana Harvey Construction Co., Inc. Owner Contractor By Board of Works Public Safety B w nir- tarold Harvey; President Mayor and Member I Member [Corporate' Seaij Member Attest Attest J O Diana L. Cordray, Clerk- Treasurer April I Pont Address for giving notices Address for giving notices 9125 E. 146 Street Noblesville, IN 46060 License No. 0729200 Agent for service of process: Brian Addison City of Carmel 0863 0627 -90 February, 2012 00 52 00 6 Agreement Form EXHIBIT A INSTRUCTIONS FOR EXECUTING AGREEMENT If the Contractor is a corporation, the following certificate should be executed by an officer of the firm other than the Agreement signee: I, Todd Harvey certify that I am the Vice President of the corporation named as Contractor hereinabove; that Harold Harvey who signed the foregoing Agreement on behalf of the Contractor was then President of said Corporation; that said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers. r Todd Harvey (Corporate Seal) If the Agreement is signed by the secretary of the corporation, the above certificate should be executed by some other officer of the corporation, under the corporate seal. In lieu of the foregoing certificate there may be attached to the Agreement copies so much of records of the corporation as will show the official character and authority of the officers signing, duly certified by the secretary or assistant secretary under the corporate seal to be true copies. The full name and business address of the CONTRACTOR should be inserted and the Agreement should be signed with his official signature. The name of the signing party or parties should be typewritten or printed under all signatures to the Agreement. If the CONTRACTOR should be operating as a partnership, each partner should sign the Agreement. If the Agreement be not signed by each partner, there should be attached to the Agreement a duly authenticated power of attorney evidencing the signer's (signers') authority to sign such contract for and in behalf of the partnership. If the CONTRACTOR be an individual, the trade name (if the CONTRACTOR be operating under a trade name) should be indicated in the Agreement and the Agreement should be signed by such individual. If signed by one other than the CONTRACTOR, there should be attached to the Agreement a duly authenticated power of attorney evidencing the signer's authority to execute such Agreement for an in behalf of the CONTRACTOR. City of Carmel 0863 0627 -90 February, 2012 00 52 00 7 Agreement Form EXHIBIT D CONTRACTOR'S AFFIDAVIT Final Estimate IN THE MATTER relating to the Improvement Project and Contract for 111 STREET SPRINGMILL ROAD: 16" WATER MAIN EXTENSION 111 STREET CENTRAL AVENUE: 16" WATER MAIN EXTENSION CONTRACT #112 The undersigned, Harvey Construction Co., Inc. hereby represents that on March 21, 2012 it was awarded a contract by City of Carmel, Indiana, hereinafter called the OWNER, to. complete 16" Water Main Extensions as per listed above, in r accordance witi .the'terms and conditions of Contract No. 112 and the undersigned further representsthat'ti,3 subject work has now been accomplished and the said Contract has now been:,completed.., The uriRer.,igied hereby warrants and certifies that all of its indebtedness arising by reason of the said Contract has been fully paid or satisfactorily secured; and that all claims from Subcontractors and others for labor and material used in accomplishing the said project, as well as all other claims arising from the performance of the said Contract, have been fully paid or satisfactorily settled. The undersigned further agrees that, if any such claim should hereafter arise, he (it) shall assume the responsibility for the same immediately upon request to do so by the Owner. The undersigned, for a valuable consideration, the receipt of which is hereby acknowledged, does further hereby waive, release and relinquish any and all claims or right of lien which the undersigned now has or may hereafter acquire upon the subject premises for labor and material used in accomplishing said project owned by the Owner. This affidavit is freely and voluntarily given with full knowledge of the facts, on this day of A.D. 20 City of Carmel 0863 0627 -90 February, 2012 00 52 00 13 Agreement Form Company Name (Contractor) Harvey Construction Co., Inc. By Harold Harvey; President Title President STATE OF INDIANA: SS: COUNTY OF Hamilton SUBSCRIBED and sworn to me, this day of 20 NOTARY PUBLIC April DuPont Resident of Hamilton County, Indiana (SEAL) My Commission Expires: 01/11/2020 City of Carmel 0863 0627 -90 February, 2012 00 52 00 14 Agreement Form EXHIBIT E CONTRACTOR'S AFFIDAVIT Current Estimate IN THE MATTER relating to the Improvement Project and Contract for 111 STREET SPRINGMILL ROAD: 16" WATER MAIN EXTENSION 111 STREET CENTRAL AVENUE: 16" WATER MAIN EXTENSION CONTRACT #112 The undersigned, Harvey Construction Co., Inc. hereby represents that on March 21, 2012 it was awarded a contract by City of Carmel, Indiana, hereinafter called the OWNER, to Complete 16" Water Main Extensions as per listed above in accordance with the terms and conditions of Contract No. 112 and the undersigned further represents that the subject work has now been accomplished and the said Contract has now been completed. The undersigned hereby warrants and certifies that all of its indebtedness arising by reason of the said Contract has been fully paid or satisfactorily secured; and that all claims from Subcontractors and others for labor and material used in accomplishing the said project, as well as all other claims arising from the performance of the said Contract, have been fully paid or satisfactorily settled. The undersigned further agrees that, if any such claim should hereafter arise, he (it) shall assume the responsibility for the same immediately upon request to do so by the Owner. The undersigned, for a valuable consideration, the receipt of which is hereby acknowledged, does further hereby waive, release and relinquish any and all claims or right of lien which the undersigned now has or may hereafter acquire upon the subject premises for labor and material used in accomplishing said project owned by the Owner. This affidavit is freely and voluntarily given with full knowledge of the facts, on this day of A.D. 20 City of Carmel 0863 0627 -90 February, 2012 00 52 00 15 Agreement Form Company Name (Contractor) Harvey Construction Co., Inc. By Harold Harvey Title President STATE OF INDIANA: SS: COUNTY OF Hamilton SUBSCRIBED and sworn to me, this day of 20 NOTARY PUBLIC April DuPont Resident of Hamilton County, Indiana (SEAL) My Commission Expires: 01/11/2020 If City of Carmel 0863 0627 -90 February, 2012 00 52 00 16 Agreement Form EXHIBIT G CONFINED SPACE REQUIREMENT ACKNOWLEDGEMENT The undersigned hereby warrants and represents that they are familiar with and have reviewed the City of Carmel's Confined Space requirements concerning entry into a confined space including, but not limited to requirements for working in, on, or about the wastewater system or water system of the City of Carmel. The undersigned warrants and represents that they are familiar with and have reviewed the requirements of the City of Carmel and have made any and all employees, agents, or independent contractors including, but not limited to subcontractors employed by them and who will be working on the site familiar with these procedures. The undersigned hereby further warrants and represents that they will comply with any and all requirements including, but not limited to additional requirements which might be imposed pursuant to federal regulations and/or the City of Carmel. In addition, the undersigned warrants and represents that any and all employees, agents, independent contractors working on projects will execute and provide a confined space entry permit_ form, said form incorporated into this Agreement and marked as Exhibit "G" '4 AO.. L ar Id Harvey; President ignatui Harvey Construction Co., Inc. 9125 E. 146 Street Noblesville, IN 46060 Company (Address) City of Carmel 0863 0627 -90 February, 2012 00 52 00 19 Agreement Form EXHIBIT H RIDER TO CONSTRUCTION AGREEMENT This Rider to the Construction Agreement "Agreement executed by Harvey Construction Co. "Vendor and the City of Carmel, Indiana "City on April 11, 2012 (City Contract No. #112), is hereby entered into by and between the City, acting through its Board of Public Works and Safety, and Vendor on this 11 day of April, 2012. Whea� re s •on'January 1, 2001, the City instituted a mandatory "purchase order system" for the-City's pur goods and services exceeding Two Hundred Fifty Dollars ($250.00) in _value; and r' L_ Whereas_ in order to operate under this "purchase order system every City contract must contain an estimate of =the cost of providing goods and services to the City pursuant to such c��ritact, and the;City must rely on this estimate when encumbering sufficient monies to pay for 1 same: r■• NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The above Recitals are incorporated herein as thought they were fully set below. 2. Vendor agrees that the total cost for all goods and services "Goods and Services provided to City pursuant to the Agreement shall not exceed the Bid Amount, subject to change orders. 3. City agrees to prepare a purchase order setting aside the sum of the Bid Amount subject to change orders to pay for all Goods and Services provided pursuant to the Agreement, and to indicate budget appropriation number (N /A) as being that from which such Goods and Services are to be paid on said purchase order. 4. Vendor agrees to notify City, in writing, when the total costs for all Goods and Services provided to City by Vendor pursuant to the Agreement reaches the amount of the Bid Amount, subject to change orders. 5. Vendor agrees that it will not provide any Goods or Services to City if the provision of same would cause the total cost of the Goods and Services provided to City during such period to exceed the sum of the Bid Amount, subject to change orders. 6. This Rider shall continue in effect from year to year, unless earlier modified or terminated in writing by the parties hereto, except that this Rider shall automatically terminate on the date on which the Agreement itself is terminated. 7. The terms of this Rider shall supersede any contrary terms or conditions contained in the Agreement. All Agreement terms and conditions not so affected shall remain in full force and effect, are incorporated herein by this reference and shall apply to this Rider as well. 8. Upon proper execution by all parties here, the effective date of this Rider shall be the date City of Carmel 0863 0627 -90 February, 2012 00 52 00 20 Agreement Form of this Agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Rider as follows: Harvey Construction Co., Inc. "VENDOR BY (Authorized Signatur) f -S Harold Harvey Printed Name President Title FID /SSN: 35- 1046363 Date: April 11, 2012 City of Carmel 0863 0627 -90 February, 2012 00 52 00 21 Agreement Form CITY OF CARMEL, INDIANA BY ITS BOARD OF PUBLIC WORKS AND FET Glames Brainard, Presidin_ 0 icer Date: 4( Mary Burke, Member Date: Lori ats e ember Date: ATTEST: Dana L. Cordray r C Clerk- Treasurer