Yardberry Landscape/UTIL/253,822/cool creek stabilization AGREEMENT BETWEEN OWNER AND CONTRACTOR
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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.
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Agreement Between Owner and Contractor
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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
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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.
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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.
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` 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.
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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
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Agreement Between Owner and Contractor
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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.
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Agreement Between Owner and Contractor
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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
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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
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Agreement Between Owner and Contractor