Harvey Construction Co./Util
AGREEMENT
THIS AGREEMENT is datedthis 3rd day of September 2008, by and
between The Board of Public Works &Safety, City of Carmel Indiana ("Owner') and
'Harvey Construction Company, Inc, ("Contractor).
Owner and Contractor; in consideration of'the: mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1 -WORK
1.01 Contractor shall completeall Work as specified or indicated in.the Contract Documents. The
Work is generally described as follows:
In general, the work shall include the installation of 'approximately 1,855 feet of 8-inch.
ductile iron pipe and 20 feet of 12-inch ductile iron pipe, with related'v_alves, fittings, hydrants,
and appurtenances, plus all backfilling, grading; seeding, erosion control, and site restoration
for a°complete "installation.
ARTICLE "2,- NOT USED
ARTICLE 3 -CONTRACT TIMES,
3:01 All time limits for.,Milestones, if.any, Substantial Completion, and completion and readiness
for. finai;payment,as stated in the Contract-Documenis are of'the essence of-the Contract.
3.02 The Work will be:.substantially.completed within: 45 days after the date when the Contract
Times commence to run as provided in Paragraph, 2.03 of the General Conditions„ and
completed and. reedy for final payment in."accordance%with'Paragraph 14.07 of the General
Conditions within 60 days,after the date whenthe Contract Times comtnence to run.
3.03 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'withinthe:times.specified'in
Paragraph 3.02 above, plus any extensions thereof allowed in -accordance with Article 12
of the General "Conditions'. The parties also_recognizethe 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 $500:00 for each day that expires, after the time specified in
Paragraph 3,02"for Substantial Completion until the Work?is substantially complete. After
Substantial Completion, if Contractor shall neglect, refuse, or fail to complete, the
141 "STREET WATER MAIN EXTENSION AGREEMENT
WESSLER PROJECT NO. 116607.04 1
remaining Work within the Contract Time or., any proper :extensions thereof granted by
Owner, Contractor shall, pay Owrier.$500:00 for each day that expires after the time
speafied,in Paragraph 3.02-for, completion and, readiness for final payment until the Work
is completed and ready for final payment.
ARTICLE 4 - CONTRACT PRICE
4.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents an amount.in current funds as follows:
One Hundred Fifty-l=ive Thousand Et ht;Hundred:Eighty Dollars..and Zero Cents
(words)
($155,880:00)
(figure)
For all Work, at the prices stated in Contractor's,Bid.
ARTICLE 5-PAYMENT PROCEDURES
5.01 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 Owner as provided in
the General Conditions.
5.02 Progress Payments;. Retainage
A. Owner shall make progress payments on,account of the Contract Price on the basis of
Contractor's Applications.for.,Payment oma monthly basis during performance of,the Work
as provided in Paragraph 5.02.A.1 below. All-such payments will be measured by the
schedule of values established as?provided 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:
Prior to Substantial, Completion, piogress_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, including but not limited to liquidated' damages, in 'accordance with
Paragraph 14.02 of the General Conditions:
The Owner shall retain ten percent (10%p) of,the,,amount of each payment until final
completion and acceptance of all work covered by the Contract- Documents, The
Owner at any time, however, after 'fifty percent (50%) of the Work has been
completed, if he;finds that satisfactory progress is being made, shali reduce retainage
to five ,percent. (5%) on the current and remaining estimates. When the Work is
substantially complete (operational), the retained amount may be further reduced
below five percent (5%), to only that amount necessary to assure completion. On
completion and acceptance on a part of the Work on. which the price is stated
separately in the Contract Documents, payment may be made in full,-, including
retained percentages; less authorized deductions,,
141 IT STREET WATER MAIN EXTENSION AGREEMENT
VVESSLER PROJECT NO. 116607.04 2
2. Upon Substantial Completion, Owner shall, pay an amount'sufficient to increase total
payments-t6 Contractor to 100 percent of the Work completed, Jess such amounts as
Owner shall determine in accordance with Paragraph 14,02.6:5 of the General
Conditions and less 200 percent of Engineers 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.
5.03 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 Owner as provided in said Paragraph 14.07..
ARTICLE 6.- CONTRACTOWS-REPRESENTATIONS
6.01 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 jn'the,Bidding Documents,
B. Contractor has visited the Site and become familiar with and is satisfied`as.to the,general,.
local, and.Sife conditions,that,mayaffect cost, progress„and performance of the Work.
C. Contractor is familiar with and is satisfied as to alf federal,, state; and. local Laws and
Regulations that may affect cost, progress„and performance ofthe..Work.
D. Contractor has obtained and carefully studied (or assumes'responsibility for doing so) atl
examinations; investigations', explorations, tests, studies; and, data concerning 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 'any specific means, methods, techniques, sequences, and
procedures oVc_onstruction expressly required by the..Bidding Documents, and safety
precautions and priigrams incident,thereto.,
E. 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..
F. Contractor is aware.of the general nature of work to be performed by Ownerand others at
the Site that relates to the-Work as-indicated, in, the, Contract Documents..
G. Contractor he - 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 addifional examinations, investigations; explorations, tests,
studies; and data with3heContract Documents.
141 ST STREET WATER MAIN EXTENSION AGREEMENT
WESSLER PROJECT NO. 116607:04 3
H. Contractor has given Owner written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor nas discovered in-the Contract_ Documents, and the written
resolution thereof by ;Owner is acceptable to Contractor.
1. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and,conditions;forperfoanance and furnishing of the Work.
ARTICLE 7-CONTRACT DOCUMENTS
7.01 Contents
A. The Contract .Documents -cons ist.of the following:
1. Advertisement for Bidders
2. Instructions to Bidders
3. Coritractor's-Bid
4. Bid Bond
5. Agreement
6. Performance Bond
7. Payment Bond
8. General Conditions
9: Supplementary Conditions!
10. Specifications as contained in :Project,Mariual dated June 2008
11. Drawings consisting of '5 sheets dated June.-2008
12. Addenda
a. No. 1 dated July '14 2008
b. No. 2 dated .July 29 2008
c. No. dated
d. No. dated
13. The following' which may be delivered or_issued on or after the Effective.Date of the
Agreemerit,and are not attached hereto:
a. Notice,io Proceed
b. Change Order(s):.
141 ST STREET WATER`MAIN EXTENSION AGREEMENT
WESSLER PROJECT NO. 116607,04 4
c. Substantial Completion
B. 'There are no Contract Documents:other than those listed above in this Article 7.
C. The Contract Documents may only besamended, modified, or supplemented' as provided
in Paragraph3.04 of the General Conditions.
ARTICLE 8 - MISCELLANEOUS
8.01 Terms
Terms used in'this Agreement will have the meanings stated in the. General Conditions and.
the Supplementary Conditions.
6.02 Assignment of Contract
No assignment by a party hereto of"anyrignts 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 rnoneysFthat 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.
8.03 Successors and Assigns
A. 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 to ali covenants,. agreements, and obligations contained in the
Contract Documents.
141"STREET WATER MAN EXTENSION AGREEMENT
WESSLER PR6JECEN0. 116507.04 5
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate
(No--of Copies)
One counterpart each has been delivefed'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'September 3, 2008 (which.is?the Effective Date of the Agreement).
OWNER:
Board of Public Works &Safety,
By:
Titl?James- Brainard,, Presiding Officer
[CORPORATE SEAL],
Attest:
Title: Diana Cordray, Clerk-Treasurer
Address forgiving notices:
CONTRACTOR:
Harvey Construction Company, .Inc-'
gys . ,-.mot ?:-
Title: President .
[CORPORATE SEAL)'...
Attest:,
Title?
Address for giving notices'.
Board of Public Works & Safety, City of Carmel Harvey Construction Company, Inc,
One Civic Square
9125 E.146t' Street
Carmel,. IN 46032
Noblesville, IN 46060
License
No.: v7a 9a
(Where,applicable)
141"STREET WATER MAIN EXTENSION
WESSLER PROJECT NO. 116607.64
Agent for service of process:,
(If Contractor is :a corporation or 6, partnership,
attach. evidence of.authority to sign.)
AGREEMENT
6
le?
WRITTEN CONSENT:WN LIEU,OF ANNUAL MI:-irT1NG
OF THE
BOARD OF DFRECTORS OF
HARVEY, CONSTRUCTION,COMPANY, JNC..
The undersigned, being all of the'officers of Harvey Construction Company,;Idc.,
an Indiana corporation, under.the provisions of'the.Indiana Business Corporation Law; as
amended, hereby eonsents,to the follo Wing action to be,taketi by the Coipoia.tiou-in lieu
of'an annual meeting of die Board of Directors:
RATIFICATION OF ACTION
Resolved; that the acts of the corporate of3ieers iii admini'§tcdag the
Affairs ofthe.Corporation.since the.last annuaLmeeting oft'he Board
Of Directors be, and"theyltereb' are, ratified and approved,in,all
Things.
ELECTION OF OFFICERS
-Resolved, that the -following,persons-are hereby elected to diefollowiug
Offices, `to serve,on behalf,ofthe Corporation for'the coming'yeair, or
Until their successors "shall have been' dutyelected!and qualified:
President
Secretary/Treasurer
Vice President'
Vice President
Effective this 7th day of February 2005.
Harold E.. Harvey
Harold R. Harvey
Todd Harvey
.Travis Harvey
Harold E. Harvey, President and
ecretary/Treasfu er-
L
President,
Todd A. Harvey, Vice
`Ciavis.L. Harvey; Vice Pr dent
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY Ja es Brainard, Presiding Officer
Date
Mary An/Burke, Member
Date:
Lori Wat on, ember
Date: /OA
ATTEST:
L. Cordray,dA-MC Clerk-Treasurer