HomeMy Public PortalAbout121-2012 - Airport - Dave O'Mara Contractor, Inc - TaxiwayCONSTRUCTION CONTRACT
This Construction Contract ("Contract") is made thi day of ,, by
and between Dave O'Mara Contractor Inc. ("Contractor') and Richmond Board of Aviation
Commissioners ("Owner").
WHEREAS, the Owner has solicited itemized proposals for the Richmond Municipal Airport
Taxiway "B" Rehabilitation — Phase 2 ("Project"), in accordance with the provisions of Indiana law;
and,
WHEREAS, Contractor has submitted a bid proposal in response to the Owner's solicitation,
which bid proposal substantially complies with the conditions and requirements established by
Owner; and,
WHEREAS, Owner has determined that Contractor was the lowest responsible and
responsive bidder for the Project, and this Contract shall evidence the award by Owner of the
construction of the Project to Contractor.
NOW, THEREFORE, Owner and Contractor, in consideration of the mutual covenants, as set
forth herein, agree as follows:
ARTICLE I
DEFINITION OF TERMS
Unless otherwise defined herein, the definition of terms contained herein are set forth in the
General Provisions, Section 10, which definitions shall control the interpretation of these terms.
ARTICLE II
WORK
Contractor shall complete all work in the construction of the Project in accordance with the
Plans and Specifications and such other terms and conditions as set forth in this Contract.
ARTICLE III
ENGINEER
The Project has been designed by Butler, Fairman and Seufert, Inc., 8460 Westfield
Boulevard, Suite 300, Indianapolis, Indiana 46240-8302 ("Engineer"), who is to act as the Owner's
representative, assume all duties and responsibilities and have the rights and authority assigned to
Engineer in the Contract Documents in connection with completion of the Work in accordance with
the Contract Documents.
ARTICLE IV
CONTRACT TIME
4.1 The Work will be substantially completed in accordance with the schedule, as follows:
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Contract #121-2012
ALLOWED CONTRACT
SCHEDULE
LIQUIDATED DAMAGES
TIME
COST
Base Bid
Five Hundred Dollars
30 calendar days
($500.00) per calendar
day
Punch List
Five Hundred Dollars
30 calendar days
Items
($500.00) per calendar
day
The Contractor shall be on 24-hour call repair service in the event any of the
airfield light systems impacted by the construction work shuts down.
from the date the Contract Time commences to run, as provided in the Notice to Proceed
(Paragraph 80-02 of the General Provisions) is given. The Contract Time shall be computed
in accordance with Paragraph 80-07 of the General Provisions.
4.2 Owner and Contractor recognize that time is of the essence of this Contract and that Owner
will suffer financial loss if the Work is not substantially completed within the time specified in
Paragraph 4.1 above, plus any extensions thereof allowed in accordance with Paragraph 80-
07 of the General Provisions. They also recognize the delays, expense, and difficulties and
uncertainties involved in proving in a legal or arbitration proceeding the actual loss suffered by
Owner if the Work is not completed on time. Accordingly, instead of requiring such proof,
Owner and Contractor agree that as liquidated damages for delay (but not as a penalty)
Contractor shall pay Owner the sum as shown in the schedule in Paragraph 4.1 for each
calendar day that expires after the time specified in Paragraph 4.1 above for Substantial
Completion of the Work, until the Work is substantially completed. The term "Substantial
Completion" shall refer to the date when construction of the Project is sufficiently completed, in
accordance with Plans and Specifications, as modified by any complete change orders agreed
to by the parties, so that it can be utilized for the use for which it was intended, which
determination shall be made by Engineer.
ARTICLE V
CONTRACT PRICE
Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents in current funds as follows:
Payment to Contractor shall be based upon the Contractor's Itemized Proposal,
attached hereto and computed in accordance with the provisions of Section 90 of
the General Provisions for a total original Contract amount of Three Hundred and
Seventv Eiaht Thousand. Three Hundred Thirteen Dollars and Fiftv Cents
($378,3.1.3.50 ).
ARTICLE VI
PAYMENT PROCEDURES
Contractor shall submit application for payment in accordance with Section 90 of the General
Provisions. Applications for payment will be processed by Engineer as provided in the General
Provisions.
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6.1 Partial Payments. Owner shall make partial payments on account of the Contract Price on the
basis of Contractor's applications for payment as recommended by Engineer, on or about the
1! day of each month during construction as provided below. All partial payments will be on
the basis of the progress of the Work measured by estimates prepared by Engineer of the
value of work performed and materials complete in place in accordance with the Contract,
Plans and Specifications.
6.1.1 From the amount determined to be payable to the Contractor as a partial
payment, the Owner shall deduct five percent (5%) of the approved partial
payment, and shall deposit it in an escrow account with a bank, savings and
loan institution, or the State. The Escrow Agent shall be selected by mutual
agreement of Owner and Contractor. The escrow agreement shall be
evidenced by written agreement between the Escrow Agent, Owner and
Contractor, and shall contain, at a minimum, the following provisions:
(a) Escrow Agent shall invest all escrowed principal in obligations
selected by it;
(b) The Escrow Agent shall hold the escrowed principal and income
until receipt of notice from Owner and Contractor, specifying the
part of the escrowed principal to be released from the escrow
and the person to whom that portion is to be released. After
receipt of the notice, the Escrow Agent shall remit the
designated part of escrowed principal and the same proportion
of then escrowed income to the person specified in the notice.
(a) The Escrow Agent shall be compensated for his services. The
parties may agree on a reasonable fee comparable with fees
being charged for the handling of escrow accounts of similar
size and duration. the fee shall be paid from the escrowed
income. The escrow agreement may include other terms and
conditions as are permitted by Indiana law.
6.1.2. The Airport will include in each application for payment of the prime
contract, which performs a DOT -assisted project, the following clause:
"The undersigned CONTRACTOR certifies that (1) all previous progress
payments received from OWNER on account of Work done under the
Contract referred to above have been applied to discharge in full all
obligations of CONTRACTOR incurred in connection with Work covered by
all prior Applications for Payments inclusive; (2) title to all materials and
equipment incorporated in said Work or otherwise listed in or covered by
this Application for Payment will pass to OWNER at time of payment free
and clear of all liens, claims, security interests and encumbrances (except
such as covered by Bond acceptable to OWNER); (3) any delay or
postponement of payment among the parties, except for normal retainage
amounts withheld by the OWNER, may take place only for good cause, with
OWNER prior written approval; (4) appropriate alternative dispute resolution
mechanisms, such as non -binding mediation, Indiana Rules of Alternative
Dispute Resolution and Arbitration Rules of the American Arbitration
Association, is implemented to resolve payment disputes; and (5)
appropriate provisions are inserted in all subcontracts binding
Subcontractors to the terms and conditions of the Contract Documents.
The prime contractor agrees to pay each subcontractor under this prime contract
for satisfactory performance of its contract no later than 30 days from the receipt
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of each payment the prime contractor receives from the Owner. The prime
contractor agrees further to return retainage payments to each subcontractor
within 30 days after the subcontractor's work is satisfactorily completed. Any delay
or postponement of payment from the above referenced time frame may occur
only for good cause following written approval of the Owner. {This clause applies
to both DBE and non -DBE subcontractors. Prompt Payment (49 CFR 26 §26.29))"
6.2 Final Payment. Contractor shall be paid, in full, the Contract Price, including all escrowed
principal and escrowed income, by the Owner and Escrow Agent, within Sixty-one (61) days
after the date of Substantial Completion, in accordance with Paragraph 90-09 of the General
Provisions.
6.2.1 Notwithstanding the foregoing. Owner shall be entitled to retain an amount
equal to two hundred percent (200%) of the value, as determined by Engineer,
of remaining uncompleted items, which amount shall be withheld until the
respective items are completed.
6.2.2 Prior to the final payment, as provided in paragraph 6.2 above, Contractor shall
submit an affidavit to Engineer, identifying all subcontractors, material
suppliers, laborers, or those furnishing services on or to the Project, and stating
that all such individuals or entities have been paid. In addition to the affidavit,
Contractor shall provide the Engineer final lien waivers, in such form as is
approved by Engineer, appropriately executed. The Owner may make a final
and complete settlement with the Contractor after thirty (30) days after the date
of Completion and acceptance of the Project if such evidence of payment as
described above, has been provided.
6.2.3 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 VII
CONTRACTOR'S REPRESENTATIONS
In order to induce Owner to enter into this Contract, Contractor makes the following representations:
7.1 Contractor has familiarized itself with the nature and extent of the Contract Documents, Work,
site, locality, and all local conditions and Laws and Regulations that in any manner may affect
cost, progress, performance or furnishing of the Work.
7.2 Contractor has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests, reports, and
studies, which pertain to the subsurface or physical conditions at or contiguous to the site or
otherwise may affect the cost, progress, performance or furnishing of the Work as Contractor
considers necessary for the performance of furnishing of the Work at the Contract Price, within
the Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Paragraph 20-06 of the General Provisions,
and no additional examinations, investigations, explorations, tests, reports, studies, or similar
information or data are or will be required by Contractor for such purpose.
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7.3 Contractor has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the site
and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies or similar
information or data in respect of said Underground Facilities are or will be required by
Contractor in order to perform and furnish the Work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of Paragraph 20-06 of the General Provisions.
7A Contractor has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports, and studies with the terms and conditions of the Contract
Documents.
7.5 Contractor has given Engineer written notice of all conflicts, errors, or discrepancies that he
has discovered in the Contract Documents and the written resolution thereof by Engineer is
acceptable to Contractor.
7.6 Contractor has taken all requisite action necessary to enter into this Contract and the
individuals executing this Contract on behalf of Contractor are authorized to bind Contractor.
WARRANTY AND GUARANTY
8.1 Contractor warrants and guarantees to Owner and Engineer that all Work will be in
accordance with the Contract Documents and will not be unacceptable. Prompt notice of all
defects shall be given to Contractor. All unacceptable work, whether or not in place, may be
rejected, corrected, or accepted as provided in this Article, or in the General Provisions.
8.2 If within one year after the date of Substantial Completion, or such longer period of time as
may be prescribed by taws 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
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.
8.3 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
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therefore, 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.
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ARTICLE IX
CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between Owner and Contractor
concerning the Work consist of the following:
9.1 The Contract (pages C=1 to CC=8, inclusive).
9.2 Performance and Payment Bonds.
9.4 Specifications bearing the title Taxiway "B" Rehabilitation Phase 2 Dated May 10
2012, herein attached.
9.5 Drawings, consisting of sheets numbered 1 through 11, inclusive with each sheet
bearing the following general title: Taxiway'"B" Rehabilitation - Phase 2• AIP 3-18-
0071-015, BF5 No. 5367 herein attached.
9.6 Addenda number 1, 2.3 & 4 .
9.7 Contractor's Itemized Proposal herein attached.
9.8 The documents listed in paragraphs 9.2 et seq., above are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 9. The Contract
Documents may only be amended, modified, or supplemented as provided in this Contract.
ARTICLE X
MISCELLANEOUS
10.1 No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be
bound; and specifically, but without limitation, moneys that may become due and moneys that
are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment no assignment will release or discharge the assignor from any duty
or responsibility under the Contract Documents.
10.2 Owner and Contractor each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
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10.3 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.
IN WITNESS WHEREOF, we, the
foregoing named parties, hereunto set
our hands and seals this
o93'q day of IPiiI3�/Z 2012.
IN WITNESS WHEREOF, we, the
foregoing named parties, hereunto set
our hands and seals this
9 dayof P7���»��—(� , 2012.
CONTRACTOR
Dave O'Mara Contractor, Inc.
Attest:
Tamika Hines
END OF CONSTRUCTION CONTRACT
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BASE BID- TAXIWAYS" PHASE 2
RICHMOND MUNICIPAL AIRPORT
TERMINAL APRON AND TAXIWAY REHABILITATION
ITEM NO.
ITEM DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
AMOUNT
CE-95-2.1
Construction En lneedn b Contractor
L.S.
1
$5 000.00
$5,000.00
M-90-2.1
Mobilization and Demobtlization
L.S.
1
$22,D00.00
$22,000.00
M-102-2.1
Maintenance of Traffic
L.S.
1
$3,600.00
$3 500.00
M-102-2.2
Haul Road
L.S,
1
$15 000,00
$15 000.00
M-102-2.3
Asphalt Milli Placement for Acoess Roads
S.Y.
1,200
$2.50
$3,000.00
P-152A-4.1
Top Soil - Shoulders undistributed
C.Y.
250
$20.001$5
000.00
P-401-8.1-1
Bituminous Surface COUrse
Ton
1 660
$65.00
$141 100.00
P-401.8.1-3
Leveling Course undistributed
Ton
1,330
$85.00
$113,050.00
P-401-8.1.4
Bituminous Patch Course undistributed
Ton
100
$100.00
$10 000.00
P-603-5.1
Bituminous Tack Coat
Gal.
1,250
$2.00
$2 500.00
P-604-2,1-2
Stress Relief Interla er undistributed
S.Y.
25
$20.00
$500.00
P-604 2.1-3
Crack Repair, Type A undistributed
L.F.
8,QD0
0.60
800.04
P-604 2.1-5
Crack Repair, Type C undlstdbuted
L.F.
400
$30.00
$12 000.00
P-604-2.1-5
SawCutti undistributed
L.F.
125
$4.001
$500.00
P-620-5.1-1a
Painting
S.F_
2185
$0-701
$1,529.50
P-620-5.1-1 b
Black Border
S.F.
4150
$0.70
$2 905.00
P-620-5.1-2
Reflective Media
t B.
140
$1.00
$140.00
P-628-2.1
Surface Milling Asphalt Pavement
S.Y.
15,557
2.00
$31 114.00
T-901-5.1
Hydro-Seedlng JKS.F.
55
$85.00
$4 675A0
TOTAL
$378,313,60
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