Eagle Valley, Inc./Street Dept.NOTICE OF AWARD
[Certified Mail -- Return ReceiPt Requested]
TO: Eagle Valley, Inc.
(BIDDER)
Dated December 17, 2003
ADDRESS: 3401 N. Raceway Road, Indianapolis, IN 46234
Contract: 131st Street Water Main Extension
(insert name of Contract as it appears in the Bidding Documents)
Project: 131st Street Water Main Extension
OWNER's Contract No. 00702.03.01
You are notified that your Bid dated December 3, 2003._ for the above Contract has been
considered. You are the apparent Successful Bidder and have been awarded a Contract for th__~e
installation of approximately 2,300 LF of 20" DI watermain, valves and hydrants
(Indicate total Work, alternates or sections or Work awarded)
The Contract Price of your Contract is One hundred fifty-three thousand six hundred forty-one
.... 50/100 Dollars ($153,641.50).
__3 copies of each of the proposed Contract Documents (except Drawings) accompany this
Notice of Award. ~ sets of the Drawings will be delivered separately or otherwise made
available to you immediately.
You must comply with the following conditions precedent within 15 days of the date you
receive this Notice of Award.
1. Deliver to the OWI~ER three fully executed counterparts of the Contract Documents. Each of the
Contract Documents must bear your signature on page 5 of the Agreement.
2. Deliver with the executed Contract Documents the Contract security (Bonds) as specified
in the Instructions to Bidders (Article 20), [and] General Conditions (paragraph 5.01).
EJCDC No. 1910-22 (1996 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General
Contractors of America and the Construction Specifications Institute.
131st Street Water Main Extension
City of Carmel 00510 - 1
3. (List other conditions precedent).
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your Bid in default, to annul this Notice of Award and to declare your Bid security
forfeited.
Within ten days after you comply with the above conditions, OWNER will return to you one fully
executed counterpart of the Contract Documents.
By:
City of Carmel
(OWNE ,R)
(AU~ Q~RI~D S,I~T U RE)
John Duffy, Director of Utilities
(TITLE)
Copy to ENGINEER
(Use Certified Mail,
Return Receipt Requested)
131st Street Water Main Extension
00510 - 2
Cit~ of Carmel
AGREEMENT
THIS AGREEMENT is by and between City of Carmel
(hereinafter called OWNER) and Eaqle Valley, Inc.
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete alt Work as specified or indicated in the Contract Documents. The Work consists
of the installation of approximately 2300 lineal feet of 20" ductile iron water main, valves and hydrants.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as 131st Street Water Main Extension.
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by The Schneider Corporation who is hereinafter 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 the completion of the Work in accordance with the Contract
Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness f°r final payment as
stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Substantial Completion and Final Payment
A. The Work will be substantially completed within Ninety (90) days after the date when the Contract Times
commence 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 Sixty-one
(61) days after the date of substantial completion.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER 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 4.02 above, plus any extensions
thereof allowed in accordance with Article 12 of the Genera~ Conditions. The parties also recognize the delays, expense,
and difficulties involved in proving in a legal or arbitration proceeding 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 Nine Hundred
($900.00) for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is
substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the
remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay
OWNER Nine Hundred
($900.00) for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final
payment until the Work is completed and ready for final payment.
131st Street Water Main Extension
City of Carmel 00500 - I
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents
an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01 .A, below:
A. For all Work at the prices stated in CONTRACTOR'S BID, attached hereto as an exhibit.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions-
Applications for Payment will be processed by ENGINEER as provided in the General Conditions.
6.02
Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's
Applications for Payment each month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2
below. All such payments will be measured by the schedule of values established in paragraph 2.07.A 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:
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 may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General
Conditions:
a. 90% of Work completed (with the balance being retainage). If the Work has been 50% completed as
determined by ENGINEER, and if the character and progress of the Work have 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 retainage on account of Work
subsequently completed, in which case the remaining progress payments prior to Substantial Completion will
be in an amount equal to 100% of the Work completed less the aggregate of payments previously made; and
b. 90% of cost of materials and equipment not incorporated in the Work (with the balance being retainage).
2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to
CONTRACTOR to 95% the General Conditions and less 100% of ENGINEER's estimate of the value of Work to
be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the
certificate of Substantial Completion.
6.03 Final Payment
A. 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 7 - INTEREST
7.01 All moneys not paid within 60 days when due as provided in Article 14 of the General Conditions shall bear
interest at the rate of 12% per annum.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified
in the Bidding Documents.
B. 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, and pedormance of the Work.
131st Street Water Ma~n Extension
City of Carmel 00500 - 2
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may
affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) 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 and (2) reports and drawings of a Hazardous Environmental
Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of
the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or
supplementary examinations, investigations, explorations, tests, studies, and data conceming conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of
the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to
be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and
procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and
safety precautions and programs incident thereto
F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or
data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance
with the other terms and conditions of the Contract Documents.
G. 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.
H. 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.
I. 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.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions
for performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. Agreement
2. Performance Bond
3. Payment Bond
4. General Conditions;
5. Supplementary Conditions;
6. Specifications as listed in the table of contents of the Project Manual;
7. Drawings consisting sheets numbered C100 through_C801_,inclusive,
8. Addenda (numbers 1 _ to .3__, inclusive);
9. Exhibits to this Agreement (enumerated as follows):
131 st Street Water Main Extension
City of Carmel
00500 - 3
a. Notice to Proceed;
b. CONTRACTOR's Bid;
c. Documentation submitted by CONTRACTOR prior to Notice of Award;
10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached
hereto:
a. Written Amendments;
b. Work Change Directives;
c. Change Order(s).
B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise
above).
· C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the
General Conditions.
ARTICLE 10- MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party
hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may
become due and moneys 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.
10.03 Successors and Assigns
A. OW NER and CONTRACTOR each binds itself, its pertners, successors, assigns, and legal representatives to the
other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements,
and obligations contained in the Contract Documents.
10.04 Severability
A. Any prevision or part of the Contract Documents held to be void or unenfomeable 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 enfomeable provision that comes as close as possible to expressing the intention of the stricken
provision.
IN WITNESS WHEREOF, OWN ER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each
has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or
identified by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on December 17, 2003 (which is the Effective Date of the Agreement).
131 st Street Water Main Extension
City of Carmel 00500 - 4
OWNER:
City of Carmel
Address fOr giving n,otices-
(If OWNER is a corporation, attach evidence of authority
to sign. If OWNER is a public body, attach evidence of
authority to sign and resolution or other documents
authorizing execution of OWNER-CONTRACTOR
Agreement.)
CO NT RACTO R ~/¢~./¢'~
Eaqle Vallev. In/
[CORPORATE SEAL]
Address for giving notices:
License No.
(Where applicable)
Agent for service of process:
Designated Representative:
Name: John Dufh/
Title: Director of Utilities
Address: One Civic Square
Carmel, IN 46032
Phone: (317) 571-2451
Facsimile: (317) 571-2653
Name' _/~.T ~ ~.,~.~/1'/--- ~
Name' ~/~ ~~*~
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
Designated Representative:
Name: Charles Norman
Title: President
Address: 3401 N. Raceway Road
Indianapolis, IN 46234
Phone: (317) 291-8104
Facsimile: (317) 291-8786
131st Street Water Main Extension
City of Carmel 00500 ~ 5
WRITTEN CONSENT TO RESOLUTIONS
BY THE BOARD OF DIRECTORS OF
EAGLE VALLEY, !NC..
The undersigned, constituting all of the members of the
Board of Directors of this Corporation, an Indiana
corporation, pursunnt 'to the Indiana Business Corporation Law,
as amended, hereby consent to the following action to be taken
in lieu of a special meeting of its Directors: ,.
REsoLVED, that the President or the Secretary of
Eagle Valley;~Inc. be and each of them hereby are
authorized for and on behalf of and in the name of the
Corporation to execute any deliver any and all bids,
proposals, contracts, undertakings and similar documents
with regard to, relating to, or connected with
construction.
RESOLVED FURTHEr, that each of such officers are
hereby authorized and directed to do any and all things
necessary, convenient or appropriate to carry out the
terms and provisions of any of the aforesaid documents.
RESOLVED FURTHER, that this written consent shall be
in lieu of any special meeting of Directors of this
Corporation, and shall be filed in the minute book of
this Corporation in place 6f the minutes of any such
special meeting.
Dated:
M:~y 8 , 1993
Charles E. Norman I i: · ,
Charl'~s' H. Norman
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and
State, personally appeared Charles H. Norman, in his capacity
of Secretary of Eagle Valley, Inc. who acknowledged execution
Of the foregoing Certificate of Corporate Resolution.
Witness my hand and Notarial Seal this .~h day of
May 1993 .
My Commission Expires:
M;ly 7, ~997
NOtary Public
Printed
County of Residence: llendrick:; Co..IN