R2017-53 Contract with Entler Excavating for Nelson Park Neighborhood Combined Sewer Project CP 2012-22

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CONTRACT THIS CONTRACT, made and entered into this 17th day of April 2017, by and between the City of Decatur, Illinois, hereinafter called "Owner", and Entler Excavating Company, Inc., hereinafter called the "Contractor". WITNESSETH: That for and in consideration of the payments, covenants, and agreements stated herein, the Contractor and Owner agree as follows: 1. The Contractor shall perform and complete in a Good and Workmanlike Manner all Work required in connection with "NELSON PARK NEIGHBORHOOD COMBINED SEWER SEPARATION PROJECT,IEPA LOAN NO. L17-53159 CITY PROJECT 2012-22", all in strict accordance with the Contract Documents, including any and all Addenda prepared by the Engineer, with specifications and drawings are made a part of this Contract; and in strict compliance with the Contractor's Bid Proposal and the other Contract Documents herein mentioned, which are a part of the Contract; and the Contractor shall do everything required by this Contract and the other documents constituting a part thereof. 2. Payments are to be made to the Contractor by the Owner in accordance with and subject to the provisions embodied in the documents made a part of this Contract,or as prescribed by law. 3. Work under this Contract shall commence on the date specified in the written Notice to Proceed from the Owner to the Contractor. Upon receipt of said Notice, the Contractor shall diligently and continuously prosecute and substantially complete all Work under this Contract. 4. A Completion Date is in effect for this project in accordance with Section 108 of the Illinois Department of Transportation, Standard Specifications for Road and Bridge Construction. The Completion Date for this project is October 31, 2018. 5. The contract price or time may be changed only by a change order. When negotiations are required, they shall be conducted in accordance with Section 365.620(c) of Title 35 of the Illinois Administrative Code. 6. The Contractor shall maintain books,records,documents and other evidence directly pertinent to performance on loan work in accordance with Generally Accepted Accounting Principles (GAAP). The contractor shall also maintain the financial information and data used by the contractor in the preparation or support of any cost submissions required under Section 365.620(c) of Title 35 of the Illinois Administrative Code (Negotiation of Contract Amendments, Change Orders) and a copy of the cost summary submitted to the owner. The Auditor General, the owner, the Agency, or any of their duly authorized representatives shall have access to the books,records,documents,and other evidence for purposes of inspection, audit,and copying. The contractor will provide facilities for such access and inspection. 42