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HomeMy Public PortalAbout189-2020 - Airport - Milestone Contractors LP -Taxiway Rehabilatation Construction ContractCONSTRUCTION CONTRACTOR'S. AGREEMENT Richmond Board of Aviation Commissioners AIP Project Number AIP 3-18-0071-021 THIS AGREEMENT, made effective as of September 21, 2020 is BY AND BETWEEN the OWNER: Richmond Board of Aviation Commissioners Richmond Municipal Airport 5169 South State Road 227 Richmond, IN 47374 And the CONTRACTOR: Milestone Contractors, L.P. 824 Dillon Drive Richmond, IN 47374 WITNESSETH: WHEREAS it is the intent of the Owner to make improvements at Richrsori'e!'llhurilcipal:.Alrpoi generally described as follows; Taxiway "A" 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 furnish 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. C-1 Contract No. 189-2020 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: t Seven Hundred and Nine Thousand, Three Hundred and Eighty -Five Dollars ($709,385.00) 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 Below of the commencement date stated within the Notice -to -Proceed. 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. C-2 CONSTRUCTION CONTRACTOR'S AGREEMENT SCHEDULE LIQUIDATED DAMAGES *ALLOWED CONTRACT TIME COST Phase Five Hundred Dollars Continuous 30 calendar days ($500.00) per calendar from date of Notice to Proceed day to Substantial Come letian Phase-2 One Thousand Dollars Continuous 5 calendar days ($1,000.00).per calendar from date of Notice to Proceed day to Substantial Completion Phase 3 fifteen Hundred Dollars Continuous 5 calendar days, ($1,500.00) per calendar from date of Notice to Proceed day to Substantial Completion Permanent Five Hundred Dollars Continuous 2 calendar days Taxiway %larking ($500>00) per calendar from date. of Notice to Proceed day, to Substantial Completion Final'Acceptance Five Hundred Dollars Continuous 1.4 calendar days ($500.00) per calendar from date of issuance of Punch da List *A separate. Notice to Proceed shall be issued for these work activities. 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 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; Certification of Eligibility (29 CFR Part 5.5) 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 Actor 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); C-3 CONSTRUCTION CONTRACTOR'S AGREEMENT Ill. 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. 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 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 C-4 CONSTRUCTION CONTRACTOR'S AGREEMENT 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 Engineers 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: utler.arman & Seufert Incl 8450 UlYestf eltl, BouTeS�ardSulte, �gdanapolis1N��4fi240 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. C-5 CONSTRUCTION CONTRACTOR'S AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have executed five (5) copies of this Agreement on the day and .year first noted herein. OWNER CONTRACTOR Name: Richmond Board of Aviation Commissioners Name: Milestone Contractors, L.P. Address` Richmond Municipal Airport 5169 South State Road 227 Richmond, IN 47375 Signature Airport Manager of Representative ATTEST //�� By: Vl/Gv '- Signature BOAC President Title. APPROVED Address: 824 Dillon Drive 1utmtur��y�� Richmond, IN 47374 \aoORSNjTF° C By: Signature Scott A. Hester ���'`. ``` ...:• `'Q'�� It fill Director of Estimating Title of Representative ATTEST .By: �2� 4c- Signature . asonE. Terrell RK Senior Estimator Titre CONSTRUCTION CONTRACTOR'S AGREEMENT EXHIBIT A CONTRACTOR'S BID PROPOSAL Itemized Proposal Section 6406--­ Conimplor Ouglity C-onird, PFopram C-105 Moblizaftn $3450000 4A $34i'L00-.00 6 Crack Rep* ------- . ....... . --low $1.7 sIL-go.00 7— P.-101.6.2b Creak Reegi, Typ -,05 4708.0 a. PA01-5.2c Crack ReR LA Bff4' $54400 —$ $29.916. 00 P-1 01-5.0 Cc9d': $4,50 16 P401-8.10 Asptrait Sirface 001360 Ton 1860 $173,2ii $23-7gjkZ,7�0 11 P401-0.1 4- ha A.sp Wt�gveljr o�vrge Ton 1.100 $125.70 1149581-00 12 P-003-0.1 rmAIW Asphalt.Tooh cook Gal, 4j020 Wo 13 P-620-5.2-b--22 MaRRIna, Yelkw --- --- SIF, 5 ii $2.50 --------- ...... S.F. EON: 33.60 3-1-5100100 is &r. t 2AM 1 $25,0 .. 9—.2301 P-2 END OF CONSTRUCTION CONTRACT C-7