HomeMy Public PortalAbout119-2017 - Milestone Contractors - Runway Rehabm
CONSTRUCTION CONTRACTOR'S AGREEMENT
Richmond Municipal Airport
AIP Project Number 3-18-0071-019
THIS AGREEMENT, made effective as of 1 VI lu I a017 is
BY AND BETWEEN
the OWNER: Richmond Board of Aviation Commissioners
5169 South State Road 227
Richmond, IN 47374
And the CONTRACTOR: Milestone Contractors, L.P.
824 Dillion Drive
Richmond, IN 47374
WITNESSETH:
WHEREAS it is the intent of the Owner to make improvements at Richmond Municipal Airport
generally described as follows;
Runway 15-33 Pavement Rehabilitation
hereinafter referred to as the Project.
NOW THEREFORE in consideration of the mutual covenants hereinafter set forth, OWNER and
CONTRACTOR agree as follows:
Article 1 - Work
It is hereby mutually agreed that for and in consideration of the payments as provided for herein to the
CONTRACTOR by the OWNER, CONTRACTOR shall faithfully fumish all necessary labor, equipment,
and material and shall fully perform all necessary work to complete the Project in strict accordance with
this Contract Agreement and the Contract Documents.
Article 2 — Contract Documents
CONTRACTOR agrees that the Contract Documents consist of the following: this Agreement,
Advertisement for Bid, General Provisions, Technical Provisions, Special Provisions, Drawings, all issued
addenda, Instructions to Bidders, Proposal and associated attachments, Performance Bond, Payment
Bond, Wage Rate Determination, Insurance certificates, documents incorporated by reference,
documents incorporated by attachment, and all OWNER authorized change orders issued subsequent to
the date of this agreement. All documents comprising the Contract Documents are complementary to one
another and together establish the complete terms, conditions and obligations of the CONTRACTOR. All
said Contract Documents are incorporated by reference into the Contract Agreement as if fully rewritten
herein or attached thereto.
Contract NO. 119-2017
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CONSTRUCTION CONTRACTOR'S AGREEMENT
Article 3 — Contract Price
In consideration of the faithful performance and completion of the Work by the CONTRACTOR in
accordance with the Contract Documents, OWNER shall pay the CONTRACTOR an amount equal to:
s One Million, Seven Hundred, Seventy -Three Thousand Dollars ($1,773,000.00)
subject to the following:
a. Said amount is based on the schedule of prices and estimated quantities stated in
CONTRACTOR'S Bid Proposal, which is attached to and made a part of this Agreement;
b. Said amount is the aggregate sum of the result of the CONTRACTOR'S stated unit prices
multiplied by the associated estimated quantities;
c. CONTRACTOR and OWNER agree that said estimated quantities are not guaranteed and that
the determination of actual quantities is to be made by the OWNER'S ENGINEER;
d. Said amount is subject to modification for additions and deductions as provided for within the
Contract General Provisions.
Article 4 — Payment
Upon the completion of the work and its acceptance by the OWNER, all sums due the CONTRACTOR by
reason of faithful performance of the work, taking into consideration additions to or deductions from the
Contract price by reason of alterations or modifications of the original Contract or by reason of "Extra
Work" authorized under this Contract, will be paid to the CONTRACTOR by the OWNER after said
completion and acceptance.
CONTRACTOR shall submit Applications for Payment in accordance the General Provisions.
Applications for Payment will be processed by OWNER or ENGINEER as provided in the General
Provisions.
The acceptance of final payment by the CONTRACTOR shall be considered as a release in full of all
claims against the OWNER, arising out of, or by reason of, the work completed and materials furnished
under this Contract.
OWNER shall make progress payments to the CONTRACTOR in accordance with the terms set forth in
the General Provisions. Progress payments shall be based on estimates prepared by the ENGINEER for
the value of work performed and materials completed in place in accordance with the Contract Drawings
and Specifications.
Progress payments are subject to retainage requirements as set forth in the General Provisions.
In the event that all subcontractors, material suppliers, laborers, or those furnishing services have not
been paid, the Owner shall withhold money from the Contract Price in an amount sufficient to pay all such
outstanding claims. Any such claims paid by the Owner shall reduce the Contract Price. The Owner
shall comply with the payment procedures set out in Indiana Code 36-1-12-12 and Indiana Code 36-1-12-
13.
Article 5 — Contract Time
The CONTRACTOR agrees to commence work within ten (10) calendar days of the date specified in the
OWNER'S Notice -to -Proceed. CONTRACTOR further agrees to complete said work within See Table
Below of the commencement date stated within the Notice -to -Proceed.
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CONSTRUCTION CONTRACTOR'S AGREEMENT
SCHEDULE
LIQUIDATED DAMAGES
*ALLOWED CONTRACT TIME
COST
Phase 1
One Thousand Dollars
Continuous 48 calendar days from
($1,000.00) per calendar day
date of Notice to Proceed to
Substantial Completion
Phase 2
Two Thousand Dollars
Continuous 7 calendar days from
($2,000.00) per calendar day
date of Notice to Proceed to
Substantial Completion
Phase 3
One Thousand Dollars
Continuous 40 calendar days from
($1,000.00) per calendar day
date of Notice to Proceed to
Substantial Completion
Permanent
One Thousand Dollars
Continuous 2 calendar days from
Pavement
($1,000.00) per calendar day
date of Notice to Proceed to
Markings*
Substantial Completion
Final Acceptance
Five Hundred Dollars
Continuous 21 calendar days from
$500.00per calendar day
date of issuance of Punch List
*A separate Notice to Proceed shall be issued for these work activities.
It is expressly understood and agreed that the stated Contract Time is reasonable for the completion of
the Work, taking all factors into consideration. Furthermore, extensions of the Contract Time may only be
permitted by execution of a formal modification to this Contract Agreement in accordance with the
General Provisions and as approved by the OWNER.
Article 6 — Liquidated Damages
The CONTRACTOR and OWNER understand and agree that time is of essence for completion of the
Work and that the OWNER will suffer additional expense and financial loss if said Work is not completed
within the authorized Contract Time. Furthermore, the CONTRACTOR and OWNER recognize and
understand the difficulty, delay, and expense in establishing the exact amount of actual financial loss and
additional expense. Accordingly, in place of requiring such proof, the CONTRACTOR expressly agrees to
pay the OWNER as liquidated damages the non -penal sum of $_See Table Above_ per day for each
calendar day required in excess of the authorized Contract Time.
Furthermore, the CONTRACTOR understands and agrees that;
a. the OWNER has the right to deduct from any moneys due the CONTRACTOR, the amount of
said liquidated damages;
b. the OWNER has the right to recover the amount of said liquidated damages from the
CONTRACTOR, SURETY or both.
Article 7 — CONTRACTOR'S Representations
The CONTRACTOR understands and agrees that all representations made by the CONTRACTOR within
the Proposal shall apply under this Agreement as if fully rewritten herein.
Article 8 — CONTRACTOR'S Certifications
The CONTRACTOR understands and agrees that all certifications made by the CONTRACTOR within
the Proposal shall apply under this Agreement as if fully rewritten herein. The CONTRACTOR further
certifies the following;
a. Certification of Eligibility (29 CFR Part 5.5)
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CONSTRUCTION CONTRACTOR'S AGREEMENT
i. By Entering into this contract, the CONTRACTOR certifies that neither he or she nor any
person or firm who has an interest in the CONTRACTOR'S firm is a person or firm
ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1);
ii. No part of this contract shall be subcontracted to any person or firm ineligible for award
of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR
5.12(a)(1);
iii. The penalty for making false statements is prescribed in the U.S. Criminal Code 18
U.S.C.
b. Certification of Non -Segregated Facilities (41 CFR Part 60-1.8)
The federally -assisted construction CONTRACTOR, certifies that it does not maintain or provide,
for its employees, any segregated facilities at any of its establishments and that it does not permit
its employees to perform their services at any location, under its control, where segregated
facilities are maintained. The BIDDER certifies that it will not maintain or provide, for its
employees, segregated facilities at any of its establishments and that it will not permit its
employees to perform their services at any location under its control where segregated facilities
are maintained. The Bidder agrees that a breach of this certification is a violation of the Equal
Opportunity Clause, which is to be incorporated in the contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms
and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees which are segregated on the
basis of race, color, religion, or national origin because of habit, local custom, or any other
reason. The Bidder agrees that (except where it has obtained identical certifications from
proposed subcontractors for specific time periods) it will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not
exempt from the provisions of the Equal Opportunity Clause and that it will retain such
certifications in its files.
Article 9 — Miscellaneous
a. CONTRACTOR understands that it shall be solely responsible for the means, methods,
techniques, sequences and procedures of construction in connection with completion of the
Work;
b. CONTRACTOR understands and agrees that it shall not accomplish any work or furnish any
materials that are not covered or authorized by the Contract Documents unless authorized in
writing by the OWNER or ENGINEER;
c. The rights of each party under this Agreement shall not be assigned or transferred to any other
person, entity, firm or corporation without prior written consent of both parties;
d. OWNER and CONTRACTOR each bind itself, their partners, successors, assigns and legal
representatives to the other party in respect to all covenants, agreements, and obligations
contained in the Contract Documents.
e. 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.
f. If within one year after the date of Substantial Completion, or such longer period of time as may
be prescribed by Laws or Regulations of the terms of any applicable special guarantee required
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CONSTRUCTION CONTRACTOR'S AGREEMENT
by the Contract Documents or by any specific provision of the Contract Documents, any work
found to be unacceptable, Contractor shall promptly, without cost to Owner and in accordance
with Owner's written instructions, either correct such unacceptable Work, or if it has been
rejected by Owner, remove if from the site and replace it with acceptable Work. If Contractor
does not promptly comply with the terms of such instructions, or in an emergency where delay
would cause serious risk of loss or damage, Owner may have the unacceptable Work corrected
or the rejected Work removed and replaced, and all direct, indirect, and consequential costs of
such removal and replacement (including, but not limited to, fees and charges of engineers,
architects, attorneys and other professionals) will be paid by Contractor. In special
circumstances where a particular item of equipment is placed in continuous service before
Substantial Completion of all the Work, the correction period for that item may start to run from
an earlier date if so provided in the Specifications or by Written Amendment.
If, instead of requiring correction or removal and replacement of unacceptable Work, Owner
(and prior to Engineer's recommendation of final payment, also Engineer) prefers to accept it,
Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable
to Owner's evaluation of and determination to accept such unacceptable work (such costs to be
approved by Engineer as to reasonableness and to include, but not be limited to, fees and
charges of engineers, architects, attorneys and other professionals). If any such acceptance
occurs prior to Engineer's recommendation of final payment, a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work, the
Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are
unable to agree as to the amount thereof, Owner may take a claim therefor, as provided in
Section 90 of the General Provisions. If the acceptance occurs after such recommendation, an
appropriate amount will be paid by Contractor to Owner.
h. IT IS FURTHER AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES HERETO,
that the work to be performed under this contract are for the occupancy and use of OWNER and
the CONTRACTOR hereunder expressly agrees that all the CONTRACTOR'S obligations,
including guarantees, bonds and performance standards shall inure directly in favor of the
OWNER its own name and right without the necessity of joining any other party of this Contract
Article 10 — OWNER'S Representative
The OWNER'S Representative, herein referred to as ENGINEER, is defined as follows:
Butler, Fairman & Seufert, Inc.
8450 Westfield Boulevard, Suite 300
Indianapolis, IN 46240
Said ENGINEER will act as the OWNER'S representative and shall assume all rights and authority
assigned to the ENGINEER as stated within the Contract Documents in connection with the completion of
the Project Work.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have executed five (5) copies of this Agreement on
the day and year first noted herein.
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OWNER
Name:
CONSTRUCTION CONTRACTOR'S AGREEMENT
CONTRACTOR
Richmond Board of Aviation Commissioners Name: Milestone Contractors, L.P. by Contractors Uni ted, I nc
General Partner
Address: 5169 South State Road 227
Richmond, IN 47374
Signature
Dave Stevens, President
Title of Representative
ATTEST
By: c
Si natur
David M Sn w, Mayor
Title
Address: 824 Dillon Drive
Richmond, IN 47374
nR—
Qg''•' P,
By: =SEAL/
Signature
Scott A. Hester, Direc�iUb,;f��ting
Title of Representativeiou'na�N
ATTEST
By: �
Signature
Kathleen K. Miller, Project Control
Title
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CONSTRUCTION CONTRACTOR'S AGREEMENT
EXHIBIT A
CONTRACTOR'S BID PROPOSAL
Itemized Proposal Section
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END OF CONSTRUCTION CONTRACT
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