E & 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.
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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:
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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
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3.1
3.2
3.3
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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
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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
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"OWNER" SIGNATURES:
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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:
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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