HomeMy WebLinkAboutFormer Ellis BP • CONTRACT
CONTRACT AGREEMENT FOR PROJECT WORK
AS SPECIFIED
THIS AGREEMENT made this 14th day of April, 2011, by and between Focus
Contracting, Inc. hereinafter called the "Contractor", and the City of Jeffersonville
Redevelopment Commission, Jeffersonville, Indiana, hereinafter called the "City';
WITNESSETH that the Contractor and the City mutually agree as follows:
1. STATEMENT OF WORK. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment and services
and shall perform and complete the work more specifically described herein in a
workmanlike manner, to dispose of contaminated soil, solid waste and demolition
debris situated on the following property located within the City of Jeffersonville,
Clark County, Indiana, and more particularly described as follows:
Former Ellis RP
1718 Spring Street
Jeffersonville. Indiana
The disposal work shall be conducted as prescribed within the bid specification:
"Demolition of Above Ground Structures, Drives, Removal and Disposal of
Underground Storage Tanks and contaminated soil, and Site Restoration from
the Property formerly known as Ellis BP FID #4898° and the Department of
Redevelopment shall approve such work. The prescribed work shall be known as
the contract work.
2. CONTRACT PRICE. The City through the Indiana Brownfields Program shall
pay to the Contractor for the performance of the obligation undertaken and
contained within the contractual agreement, subject to any additions or
deductions provided herein through authorized change order, in current funds at
the contract price of four hundred seventy eight thousand five hundred and
seventy dollars and 70/100 ($478,570.70).
a- After final inspection and acceptance by the City of each Phase of work under
the Contract, the Contractor shall prepare a request for payment. The
payment for each Phase shall be released based upon the contract price
subject to change orders increasing or decreasing the scope of work and price
and less any periodic and/or progress payments made during the contract
period. Final payment shall be made to the Contractor upon satisfactory
approval from the City, the funds being authorized for payment by the City
and the creation of City's lien rights. Payment shall be made within a
maximum of forty -five (46) days from the date of acceptance of completion of
this project.
b. The Contractor must pay its subcontractor(s) for satisfactory performance no
more than 30 days from the Contractor's receipt of payment from the City, or
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from the City by and through the Indiana Brownfields Program of the
Indiana Finance Authority.
c. The Contractor shall complete the project according to closeout procedures
identified within the scope of work and furnish the City releases and/or
receipts prior to payment being made to the contractor. This will include but
not be limited to, releases and/or receipts from all subcontractors having
performed work or services on the project, and from any and all persons
having supplied equipment, materials, and services to the Contractor.
Payments made shall in no way impair the obligations of any surety or
sureties furnished under this Contract.
3. PROJECT COMMENCEMENT AND TIME FOR COMPLETION. The
Contractor will commence the work required by the bid specifications within 10
calendar days after the date of the "Notice To Proceed." The Contractor shall have
specified work satisfactorily completed within a maximum of sixteen (16) weeks
from the date of the "Notice to Proceed ". It shall be the responsibility of the
Contractor to submit in writing a request for extension for any natural disaster,
bad weather, etc. which is beyond the control of the Contractor and prevents the
completion of said work within the time period specified by the City of
Jeffersonville Department of Redevelopment.
4. PERMITS AND CODES, The Contractor will secure, at his own expense, all
necessary permits and licenses required to complete any work and to comply
with all building and code requirements.
6. PAYMENT BOND. In addition to all other bonds required in the bid
documents, incorporated herein by reference, the Contractor shall execute a
payment bond to the City of Jeffersonville Department of Redevelopment for the
benefit of the City of Jeffersonville, in the amount of the contract price, which
satisfies all requirement contained in Indiana Code section 36-1-12-13.1, which is
incorporated herein by reference. This bond must be deposited with the
Department of Redevelopment prior to Contractor's commencement of the
project.
6. DBE SUBCONTRACTOR REQUIREMENTS. The Contractor will abide by
all the conditions set forth in the Indiana State Revolving Loan Program DBE
Packet, and will comply with the following:
a. The Contractor must notify the City in writing prior to the termination of any
DBE subcontractor for convenience by the Contractor;
b. If a DBE subcontractor fails to complete work under the subcontract for any
reason, the Contractor must employ the six good faith efforts described in the
packet, even if the Contractor has achieved its fair share objectives;
c. The Contractor must provide EPA Form 6100 -2 DBE Program Subcontractor
Participation Form to all of its DBE subcontractors.
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7. DOCUMENTS COMPRISING CONTRACT. The documents comprising this
Contract shall include all terms, conditions, obligations and promises contained
in this contract document together with the following additional documents:
a. The bid proposal submitted by the contractor as thereafter awarded by the
City, including, but not limited to:
i. Bid Form,
ii. State Board of Accounts Forms 96 and 96A,
iii. Non - Disbarment, Non - Discrimination Clause Certification,
iv. EPA Form 61004, DBE Subcontractor Utilization Form,
v. Indiana State Revolving Loan Program DBE Packet,
vi. Non - Collusion Affidavit,
vii. Bid Bond;
b. All bid documents, including, but not limited to:
i. Legal Notice to Bidders,
ii. Instructions to Bidders,
iii. General Conditions of the Contract,
iv. Construction Specifications;
e. Payment Bond;
d. Performance Bond;
e. Notice to Proceed;
f. Approved Change Orders.
Additionally, as contained in Section X of Instructions to Bidders, all of the bid
and contract documents are complementary and what is called for by one shall be
binding as if called for by all. All contract documents shall be read in harmony.
In the event that there are contradictions between this Contract and any other
Contract documents, the provisions of this Contract shall prevail.
8. CONFLICT OF INTEREST. The Contractor will abide by the provision that
no member, officer, or employee of the City, or its designees or agents, no
member of the governing body of the City, and no other public official of the City,
who exercises any functions or responsibilities with respect to the project during
the tenure of the project or for one year thereafter, shall have any direct or
indirect interest in any contractor, subcontractor, or the proceeds thereof,
financed in whole or in part with the City.
9. CONTINGENCY, The City is in the process of acquiring the subject site.
Therefore, the City's obligation to perform under this contract is conditioned
upon the City's successful acquisition of the subject property. The Contractor
shall extend and honor the awarded bid price for an additional 30 days beyond
the initial time stated in its bid to allow adequate time for the closing to occur.
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THIS AGREEMENT, together with all documents so identified, forms this contract
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in four (4) original copies on the day and year first above written.
Contracto '1 i ntracting, .
•
BY: _ _
:lure
Eric Likens
Printed Nance
Title: Vice President
Street: 137 South Production (hive.
City: Avon. Indiana
STATE OF INDIANA )
) SS:
COUNTY OFyi )
Er; C ;-ken I
Subscribe and sworn to before me by l ..�,amr this this
day of lk',1 ,2011.
Notary bl
Resident of 'e County
My Commission x
siion Expires:
O ` A • 1 [� ��, �� - fr 1 I AC D. FARMER
OI 4 :3 Monroe Cwnty
,17 u y C "'?!�'� October tA, 2015 s
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IN TESTIMONY WHEREOF, the City of Jeffersonville Redevelopment Commission
hereby ,accepts the forego' g . _� eement and has herewith set their hand this
� day of % ' sh
Paul Wheatley , Executive Director
Authorized Representative, - rsonville Redevelop . ,. sion
Attest: ( `
Wunica Hannon / / , _ , Treasurer
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