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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 4%0.'1 of 5 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. Page 2 of 5 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. Page 3 of 5 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 Page'4 of 5 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 Page 5 of