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Isom Construction Penalized $142,375 for 13th Road Bridge Replacement Project

March 6, 2013
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  03/07/13 On Monday the Marshall County Commissioner approved three change orders for the 13th Road bridge replacement project.  This wraps-up the final paperwork for a project that went way past the expected completion date. 

The project was a total bridge replacement with a realignment of 13th Road.  Jack Isom Construction was low bidder on the project while DLZ was hired by the County to oversee the work on their behalf.  The original completion date was to be in July of 2011but it wasn’t until November 2011 that the project was completed. 

While negotiating a contract with Isom Construction for the project, the county put a clause in the agreement that they would charge the contractor $5,000 for every day the project went past the completion date. 

Neal Haeck, the county highway superintendent, County Commissioner Jack Roose, representatives from INDOT, Isom Construction and their attorney held a conference call on February 20th to try and settle the situation.  INDOT felt that perhaps the $5,000 daily penalty was a bit excessive since a $1,500 daily penalty is more normal.  The county agreed to reduce the penalty to $2,125 daily to finalize the project. 

The number of days over on the project was reduced to 67 by the time they allowed a delay for the brown bat environmental check, flooding of the river, and weather delays.    When all was agreed to Isom Construction will be penalized $142,375 for not completing the 13th Road bridge replacement project on time. 

Isom will be docked the $142,375 from their pay.  Since this project was 90% funded with federal funds the county does not expect a significant return of their investment although Commissioner Roose said they county paid the whole ten percent up front for the project so they may receive $7-8,000 back from the state.

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