2022-02-09 Agreement-Slobodnik-Hangar Door Repair
CONSTRUCTION AGREEMENT
9th
THIS CONSTRUCTION AGREEMENT (the “Agreement”) made this ____ day of
February
22
____________________, 20___, by and between Slobodnik Construction Group, Inc., a Nebraska
corporation (“Contractor”) and City of Blair, Nebraska (“Owner”).
1.The Work. Contractor will furnish the material, labor, equipment, tools, and supervision
(the “Work”) necessary to replace hanger doors at the Blair Airport (the “Project”) in compliance with the
Contract Documents.
2.Contract Documents collectively means the following documents:
(a) This Agreement (including all attached exhibits);
(b) Contractor’s Scope of Work dated 1/21/2022 (Exhibit A);
(c) Contractor’s Estimate dated 1/21/2022 (Exhibit B);
(d) Contractor’s Job Cost Summary (Exhibit C); and
(e)Executed Change Orders.
3.Contract Price. The Owner agrees to pay to the Contractor an amount equal to Fourteen
Thousand, Four Hundred Thirty-Seven Dollars and 44/100 ($14,437.44) (“Contract Price”) per Airplane
hanger plus all reasonable costs incurred by Contractor including: (i) fees for all permits, licenses, and
inspections to be obtained by Contractor, (ii) any adjustments to the Work provided under all Change
Orders (either as an addition, or as a subtraction), and (iii) all applicable sales, use or similar taxes
incurred in connection with the acquisition of materials or equipment or the performance of Contractor’s
Work. Contact Price for the is as set forth in Contactor’s Bid, attached as Exhibit A.
4.Commencement and Completion of Work. The Contractor shall commence Work as
soon as practical after receipt of notice to proceed and shall exercise all reasonable efforts to achieve
Substantial Completion of the Work on or before April 1, 2022.
5.Payment. The Contract Price shall be paid as follows:
(a)Contractor will submit pay application to the Owner upon completion of the Work.
(b)Owner agrees to pay Contractor within fifteen (15) days of receipt of a pay application.
(c)Late payments shall bear interest from the date payment is due until paid at the rate of one
percent (1%) per month. If payment is more than thirty (30) days late, Contractor may
suspend the Work until payment is made and Owner shall be liable for all costs resulting
from such stoppage.
6.Changes to the Work. If Owner or Contractor requests, or one of the parties believes
that a change is necessary, (a “Change”), then the parties shall comply with the following procedure to
reflect a Change in the Work:
(a)Change Order Fee. Owner will be charged a fee of $225.00 for each Change Order.
(b)Change Notice. The Party requesting or noting the Change shall write a description of the
Change and give the other Party that writing (the “Change Notice”);
(c)Impact. Before proceeding with the changed work, unless an emergency involving safety or
property damage, the Contractor will provide Owner with a fixed-price written estimate of
the cost and time impact of the requested Change; and
(d)Change Order. Owner and Contractor will execute a Change Order confirming their
agreement with the Change, the fixed-price cost, and the extension of the Substantial
Completion date, if any. If the Change cannot be performed on a fixed-price basis, the
Change Order shall identify the agreed method of compensation, such as Time and Materials.
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(e)Payment. Owner must pay the amount identified in the Change Order before Contractor
begins the Change Order work.
7.Subcontractors. All portions of the Work that Contractor does not perform with its own
forces shall be performed by subcontractors selected by and subcontracted to Contractor. The Contractor
shall select competent subcontractors, and each shall be responsible for the management of its work. The
term subcontractor does not include any separate contractor employed by the Owner or their
subcontractors.
8.Owner Responsibilities. The Owner shall render approvals and decisions promptly to
avoid unreasonable delay and shall furnish information expeditiously and in time to meet the dates set
forth in the construction schedule. The Owner shall provide all safety and TSA requirements for
Contractor to perform work on Owner’s property and the owner shall provide Contractor, its employees
and subcontractors necessary access to perform the Work.
9.Insurance. Insurance coverage for the Project shall be provided as follows:
(a)Worker's Compensation and Employers' Liability. The Contractor will maintain Worker's
Compensation and Employers' Liability Insurance covering employees engaged in the Work.
(b)General and Auto Liability. The Contractor will maintain policy or policies of general and
auto liability insurance with the limits of liability normally carried by the Contractor but in no
event less than $1,000,000 per occurrence single limit. The general liability shall include
Contractual Liability Coverage. Owner shall be named as an additional insured on such
policy of insurance.
(c)Builder's Risk. The Owner shall procure and maintain during the period of this contract an
“all risk” builders' risk insurance policy protecting the Owner, Contractor and all
subcontractors from loss due to damage to the Work. At Owner’s request Contractor shall
procure “all risk” builders’ risk insurance, and the cost of this insurance will be paid by
Owner through a Change Order. The Owner and Contractor waive all subrogation rights
against each other and each of their contractors, subcontractors, agents, and employees. The
policies shall be endorsed to include such waivers of subrogation. Owner shall name
Contractor as an additional insured on the Builders Risk policy, as well as name the
Contractor as Loss Payee.
(d)Commercial General Liability. The Owner will maintain policy or policies of general
liability insurance with the limits of liability not less than $1,000,000 per occurrence single
limit. The general liability shall include Special Form Contractual Liability Coverage.
10.Material Price Escalation. The Contract Price has been calculated based on the current
prices for the building materials, but the market for the building materials is volatile and sudden price
increases could occur. Contractor will use its best efforts to obtain the lowest possible prices from available
building material suppliers, but there could be an increase in the price of materials that are purchased after
execution of the Agreement. Accordingly, Owner agrees to pay any such increases. Such price increases
shall be documented through quotes, invoices, or receipts. Should Owner refuse to pay the increase within 14
days of Contractor’s request, Contractor may terminate this Agreement.
11.Delays. It is specifically agreed that the Contractor shall not be held responsible or liable
for any loss, damage, detention or delay due to causes beyond the control of the Contractor, including but
not limited to, aircraft owners’ failure to timely remove their aircraft and personal property from the
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hanger, acts of God, acts of civil unrest, acts/inactions of a governmental authority, negligence or
intentional acts of the Owner, or of another contractor in the performance of a contract directly entered
into with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually
severe weather, delays of subcontractors or suppliers arising from causes beyond the control and without
the fault or negligence of such subcontractors or suppliers.
12.Indemnification. Owner agrees to indemnify, protect, defend, and hold the Contractor,
and its officers, members, agents, employees, and designees harmless from all liabilities, penalties, costs,
expenses, losses, suits for loss, judgments (including interest on judgments), expert witness fees, defense
costs and other damages and personal injuries, including bodily injury, death to persons, or property
damage to property of anyone including loss of use, which are in any way caused by or arise out of and/or
connected with any negligence of Owner’s Agents, the breach of this Agreement by the Owner, or
damage to aircraft and/or personal property damaged during the course of construction. Owner’s
obligations under this paragraph shall also not be limited by a limitation on amount or type of damages,
compensation or benefits payable under applicable insurance.
13.Waiver of Damages. In no event shall Contractor be responsible, under this Agreement
or otherwise, for any indirect, incidental, consequential or punitive damages of any kind under any theory
of liability, or for any damages in excess of Contractor's applicable insurance coverage.
14.Termination. If Owner fails to materially perform in accordance with the provisions of
this Agreement, the Contractor shall give fourteen (14) days written notice of the Owner’s default, and
should Owner fail to remedy its default within the fourteen (14) days after Owner’s receipt of such notice
by Contractor, Contractor may terminate this Agreement and recover from the Owner payment for Work
in addition to all other applicable damages and remedies. In the event of termination of this Agreement
under this sub-paragraph, the Contractor shall have no obligation to protect the improvements on the
Project Site and may leave the Project Site.
15.Limited Warranty. Subject to the terms, conditions and exclusions stated below,
Contractor hereby warrants for a period of one (1) year from the date of closing (The “Warranty Period”),
that the Project will be free from all defects in work and material. If a defect in work or material is found
to exist within the Warranty Period, Owner shall notify Contractor, in writing, within seven (7) days of
discovery. Contractor’s sole liability under this warranty is limited to the cost of repair of any defect in
work and material as set out above and Contractor shall not be liable under this warranty for any
consequential damages of any kind.
THIS WARRANTY IS GIVEN IN LIEU OF ANY AND ALL OTHER WARRANTIES, EITHER
EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY AND
WORKMANSHIP.
16.Additional Provisions.
(a) Safety. The Contractor shall take necessary precautions for the safety of its employees on
the Work, and shall comply with applicable provisions of federal, state and municipal safety
laws and shall include in all subcontracts provisions a requirement that its subcontractors be
responsible for the safety of their employees on the Work, and to comply with all applicable
provisions of federal, state and municipal safety laws.
(b)Clean up. The Contractor shall keep the site of the Project reasonably free from the
accumulation of waste materials caused by the Contractor’s operations. At the completion of
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the Work, the Contractor shall remove from the Project the Contractor’s tools, surplus
materials, construction equipment, machinery, and waste materials.
(c)Permits. The Contractor will assist the Owner in securing government approvals and
construction building permits necessary for the construction of the Project. The cost of such
approvals/permits will be a Project Cost.
(d)Cooperation/ No Interference. Owner agrees to cooperate with Contractor and shall exercise
Owner’s best efforts to enable Contractor to perform the Work as required under this
Agreement. Owner agrees that all direction and supervision of the Work, including Work by
Subcontractors, shall be exclusively the right and responsibility of Contractor. Owner shall
not issue any instructions, request changes, or otherwise negotiate with any Subcontractor or
employee of Contractor. Owner shall not negotiate additional work with any Subcontractor
or engage the services of any other contractors or Subcontractors to perform work at the
Location without Contractor's prior written consent. Any work contracted by Owner with
Contractor's consent shall be conducted in a manner that will not interfere with Contractor's
work under the Agreement.
(e)Complete Agreement. The Contract Documents represent the entire agreement between the
Owner and the Contractor and supersede all prior negotiations, representations and
agreements. This Agreement may be amended only in writing, signed by both Owner and
Contractor. The agreement is the product of arm’s length negotiations between the parties no
inferences may be drawn as to the drafter.
(f)Governing Law. This Agreement shall be governed and controlled as to validity,
enforcement, interpretation, construction and effect by the laws of the State in which the
project is located.
(g)Notice. Written notice shall be deemed to have been duly served on the date of delivery if
delivered in person or by email or facsimile, on the day after deposit if delivery by overnight
courier, or two (2) days after deposit if delivery by placing in the United States mail, first
class and certified, return receipt requested with postage prepaid. All notices shall be
addressed to the appropriate representative at the respective addresses of the parties hereto.
(h)Severability. In the event that any provision of this Agreement shall, for any reason, be
determined to be invalid, illegal, or unenforceable in any respect, the other provisions of this
Agreement shall remain in full force and effect so as to give effect as nearly as possible to the
parties’ original intent.
IN WITNESS WHEREOF, the parties hereto have executed this instrument, through their
authorized officers, effective the date first above written.
OWNER: City of Blair
9 Feb 2022
Date:
Assistant City Administrator
Its: ___________________________________________
CONTRACTOR: Slobodnik Construction Group, Inc., a Nebraska corporation
1301:03133
By:Date:
Qsftjefou
Its: __________________________________________
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1/21/2022
Re: Scope of work for Hanger Door Replacement (Storm Damage)
City of Blair
th
218 South 16 Street
Blair, NE 68008
Attn: Aaron Barrow
Assistant City Administrator
402-426-6691
abarrow@blairnebraska.org
Dear Mr. Barrow,
I would like to thank you for this opportunity to bid the storm damage repairs to hanger door(s) located at the Blair
Municipal Airport located at 2785 Hwy 133, Blair, NE 68008. This letter is defining our scope of work below.
Mr. Barrow, please be aware that this estimate is for one (1) hanger door only and depending on the severity of damages
and how many door(s) are replaced, the cost is per door. This bid is not all inclusive, as the North (oldest) hanger structure
has track, hardware and accessories that are no longer available, and we shall revisit the project door by door. We feel this
is the worst door and must be repaired first to meet your needs.
Slobodnik Construction Group, Inc. (SCG, Inc.) presents the following attachments, along with this letter defining our
scope of work.
1.Estimate # 2022-001-96, Dated 1/21/2022
2.Job Cost Summary, Dated 1/20/2022, prepared on 1/21/2022
3.Builders Supply Co. Quote 0002147440 (Galvalume and Screws)
4.Builders Supply Co. Quote Q22-0032 (Truss Quote)
5.Truss ID: D1 Drawing: Dated 1/18/2022 (Eng. Design)
SCG, Inc. shall remove and replace one (1) 40’ hanger door, dispose of all trash, debris and other scrap materials caused
by the demolition and removal of the northwest door on the middle building. This door did not have a hanger number
visible.
SCG, Inc. shall not be required to pull permits for this door replacement unless structural repairs are found to be needed. It
is my assessment that not one door appears to require structural repairs.
SCG, Inc. shall require electrical power to make said repairs. Should power not be available, SCG will provide generator
power, and this will be at an additional cost of $250.00 plus profit and overhead of 20%.
SCG, Inc. shall provide dumpster services and portable restroom services for its employees and subcontractors.
2095 County RD 7, Yutan, NE 68073
Work 402.625.2890 Fax 402-625-2892
E-Mail ts@scgincgc.com
SCG, Inc. shall provide a competent supervisor to oversee this repair and the time of supervision is limited to four (4) man
hours but if more supervision is needed it SHALL be provided at no additional cost.
NOTE: If the FAA or Blair Municipality requires any specific safety procedures, please let us know as soon as possible.
SCG, has strobe lights on all trucks, will provide safety barricaded around the work area and will also sweep the entire
work area with magnets to make sure all screws are removed from the tac area and taxi lane.
SCG, Inc. shall construct 4 (Four) each 10’-4” x 10’-4” hanger doors constructed from structural engineering truss to
create the door section, shall laminate each section with galvalume metal panels 2’ x 10’ and provide 5 (five) each
galvalume panels for each section.
SCG, Inc. shall provide the roller hardware and RE-USE the existing track (rail) system.
SCG, Inc. shall provide all barn door locking hardware inside and outside for securing the hanger upon completion of
OUR repairs.
SCG, Inc. shall re-use all other exiting structure and bottom guides.
SCG, Inc. shall replace the weather seal drip flashing (white 18 gage) above the existing track. NOTE: the metal will be
custom bent to fit, each piece of flashing shall be in 10’ lengths, and therefore 5 (five) each will be needed to have
approximately 45’.
SCG, Inc. shall provide all labor, materials, telehandler (rental equipment), as needed.
SCG, Inc. has included misc. funds in our base budget that may or may not be needed in the repairs. The expense of this
misc. budget is at our sole discretion. SCG, Inc shall provide lien waivers for all expenses to any vendor or subcontractor,
SCG Inc. will provide signed lien waiver for all other misc. credit card charges or rental equipment owned by SCG, Inc.
SCG, Inc. shall provide proper certificates of insurance naming the City of Blair, NE and The Blair Municipal Airport as
additional insured, with a waiver of subrogation.
EXCLUSIONS:
Electrical work of any kind.
Structural repairs (If structural damages are determined, SCG, Inc. shall stop and notify you immediately)
Site work of any kind.
Lawn or irrigation repairs.
Paving and concrete work of any kind.
Painting of buildings, Painting of the new or existing doors.
Plumbing.
Signs or signage of any kind.
Hanger ID (Painting of Hanger numbers)
Sincerely,
Thomas S. Slobodnik, President
Slobodnik Construction Group, Inc.
2095 County RD 7, Yutan, NE 68073
Work 402.625.2890 Fax 402-625-2892
E-Mail ts@scgincgc.com
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