Harvey 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
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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
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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
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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
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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