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HomeMy WebLinkAbout117-26 RESOLUTION Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 117-26 File Number: 2026-1357 A RESOLUTION TO AWARD BID 26-26 AND AUTHORIZE A CONTRACT WITH EMERY SAPP & SONS, INC. FOR PAVEMENT CRACK REPAIR AT DRAKE FIELD IN THE AMOUNT OF $142,393.23, AND TO APPROVE A 10% PROJECT CONTINGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid 26-26 and authorizes a contract with Emery Sapp & Sons, Inc. for pavement crack repair at Drake Field in the amount of $142,393.23, and further approves a 10% project contingency. PASSED and APPROVED on May 19, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-1357 MEETING OF MAY 19, 2026 TO: Mayor Rawn and City Council THROUGH: Terry Gulley, Asst Public Works Director - Ops Chris Brown, Public Works Director Keith Macedo, Chief of Staff FROM: Jared Rabren, Airport Director SUBJECT: Drake Field — Execute Construction Contract for Pavement Crack Repair RECOMMENDATION: Staff requests approval for the Aviation Division to execute a construction contract in the amount of $142,393.23 with Emery Sapp & Sons, Inc of Springdale, AR , pursuant to Bid 26-26, for the proposed Pavement Crack Repair project at Fayetteville – Drake Field Airport, and approval of a 10% project contingency. BACKGROUND: The east general aviation apron pavements provide access to the T-hangar facilities located at the northeast corner of the airport. This project will seal low- to moderate severity cracks and repair high severity cracks to extend the life of the apron pavements, delaying the need for more costly pavement reconstruction. This project will also address pavement marking deficiencies noted during the airport's most recent FAA Part 139 inspection completed in March 2025. The Airport entered into an agreement with Garver, LLC to provide design, bidding, and construction phase services for the project (Task Order 13) via Resolution 224-25, which also approved a Budget Adjustment for this project. DISCUSSION: The Aviation Division is requesting permission to execute a construction contract with Emery Sapp & Sons, Inc. to perform pavement crack repair project. Project funding will be a combination of an Arkansas Department of Aeronautics (ADA) grant and city funds. A complete breakdown of the expected project funding is included below. ADA: $128,153.91 Construction Contract (ESS, Inc.): $142,393.23 City (Aviation Division): $14,239.32 TOTAL: $142,393.23 TOTAL: $142,393.23 BUDGET/STAFF IMPACT: Funds are budgeted in the Airport Crack Pavement Repair project in the Airport fund. ATTACHMENTS: 3. Staff Review Form, 4. Bid 26-26, Bid Tab - Final, 5. ESS Contract, 6. Bid 26-26, Submittal - Emery Sapp & Sons, Inc - E, 7. Bid 26-26, File #01 - Project Manual Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-1357 A RESOLUTION TO AWARD BID 26-26 AND AUTHORIZE A CONTRACT WITH EMERY SAPP & SONS, INC. FOR PAVEMENT CRACK REPAIR AT DRAKE FIELD IN THE AMOUNT OF $142,393.23, AND TO APPROVE A 10% PROJECT CONTINGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid 26-26 and authorizes a contract with Emery Sapp & Sons, Inc. for pavement crack repair at Drake Field in the amount of $142,393.23, and further approves a 10% project contingency. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 City of Fayetteville Staff Review Form 2026-1357 Item ID 5/19/2026 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Jared Rabren 4/14/2026 AIRPORT SERVICES (760) Submitted By Submitted Date Division / Department Action Recommendation: Staff requests approval for the Aviation ​​​​​Division to execute a construction contract in the amount of $142,393.23 with Emery Sapp & Sons, Inc of Springdale, AR for the proposed Pavement Crack Repair project at Fayetteville – Drake Field Airport, and approval of a 10% project contingency. Budget Impact: 5550.760.3960-5804.00 Airport Account Number Fund 32504.2501 Airport Pavement Crack Repair Project Number Project Title Budgeted Item?Yes Total Amended Budget $222,070.00 Expenses (Actual+Encum)$27,070.00 Available Budget $195,000.00 Does item have a direct cost?Yes Item Cost $142,393.23 Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $52,606.77 V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended 1 Mobilization 1 LS $4,271.71 $4,271.71 $9,000.00 $9,000.00 $14,000.00 $14,000.00 $15,000.00 $15,000.00 2 Bonds & Insurance 1 LS $1.00 $1.00 $5,000.00 $5,000.00 $13,925.60 $13,925.60 $5,000.00 $5,000.00 3 Construction Safety and Security 1 LS $18,672.57 $18,672.57 $2,500.00 $2,500.00 $24,869.00 $24,869.00 $17,000.00 $17,000.00 4 Low Severity Crack Repair (1 1/2" or less)56850 LF $0.47 $26,719.50 $1.65 $93,802.50 $2.50 $142,125.00 $2.70 $153,495.00 5 High Severity Crack Repair (1 1/2" to 5")1900 LF $5.55 $10,545.00 $7.50 $14,250.00 $7.50 $14,250.00 $20.00 $38,000.00 6 Longitudinal Joint Repair 4920 LF $1.31 $6,445.20 $2.15 $10,578.00 $6.00 $29,520.00 $5.50 $27,060.00 7 Asphalt Pavement Patch Repair 40 SY $82.43 $3,297.20 $350.00 $14,000.00 $125.00 $5,000.00 $400.00 $16,000.00 8 Permanent Markings (Reflective)8650 SF $3.83 $33,129.50 $2.57 $22,230.50 $3.00 $25,950.00 $1.45 $12,542.50 9 Permanent Markings (Non-Reflective)15975 SF $2.19 $34,985.25 $1.21 $19,329.75 $1.68 $26,838.00 $1.35 $21,566.25 10 Pavement Marking Removal 990 LF $4.37 $4,326.30 $4.00 $3,960.00 $4.00 $3,960.00 $1.50 $1,485.00 $300,437.60$194,650.75$142,393.23Total Certification of Funds: $195,000 ($243,750 maximum allowed) Deadline: Thursday, March 12, 2026 at 2:00 PM Bid 26-26, Construction - FYV Pavement Crack Repair BID TABULATION Emery Sapp & Sons, Inc. Tri City Seal Co., Inc. Marking Systems Inc. Interstate Sealant & Concrete, LLC * NOTICE: Bid award is contingent upon supplier meeting minimum specifications and formal authorization by City Officials. $307,148.75 Kenny Fitch, Sr Procurement Agent ______________________________________________________________________________ Trevel Young, Procurement Agent ______________________________________________________________________________ Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID : 43EC903D-53C1-41A9-B31C-1961ED285956 Fayetteville -Drake Field (FYV) Pavement Crack Repair 00 52 00 CONTRACT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT is by and between CITY OF FAYETTEVILLE EMERY SAPP & SONS, INC. ("Owner'') and --------------------------------("Contractor"). Owner and Contractor hereby agree as follows : ARTICLE 1 -WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents . The Work is generally described as follows : ARTICLE 2 -THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows : low-to high-severity crack repair and remarking the east general aviation apron , as well as localized repair of failed crack sealant along the longitudinal centerline of Taxiway A , Taxiway B, and Taxiway C. ARTICLE 3 -ENGINEER 3.01 The Project has been designed by Garver, LLC. 3.02 The Owner has retained Garver, LLC ("Engineer") to act as Owner's representative, and to have the rights , responsibilities , duties , and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 -CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any , Substantial Completion , and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4 .02 Contract Times: Days A . The Work will be substantially completed within the following number of days after the date when the Contract Times commence to run as provided in Section 80-07 of the General Provisions, and completed and ready for final payment in accordance with Section 90-09 of the General Provisions within the following number of days after the date when the Contract Times commence to run . The work shall be substantially completed within 15 calendar days following the Notice to Proceed , and total completion shall be within 22 calendar days following the Notice to Proceed. Description Substantial Completion Final Completion Phase 1 7 calendar days - Phase 2 3 calendar days - Phase 3 1 calendar days - Phase 4 2 calendar days - Phase 5 3 calendar days - Phase 6 1 calendar days - Total Project 15 calendar days 7 calendar days after Substantial Completion Date Issued for Bid 00 52 00-1 Garver Project No . 2500937 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID : 43EC9D3D-53C1-41A9-831 C-1961 ED285956 Fayetteville -Drake Field (FYV) Pavement Crack Repair 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4 .02 above , plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays , expense , and difficulties 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 any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Project Substantial Completion : Contractor shall pay Owner $1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4 .02.A above for Substantial Completion until the Work is substantially complete . 2. Project Final Completion : Upon substantial completion and delivery of the final punchlist to the Contractor, the Contractor shall pay Owner $1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4 .02.A above for Final Completion until the Work is finally complete . 4 .04 Special Damages A. Not Used. ARTICLE 5 -CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow , subject to adjustment under the Contract: A. For all Unit Price Work , an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item): B. The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. Estimated quantities are not guaranteed , and determinations of actual quantities and classifications are to be made by Engineer and Owner. ARTICLE 6-PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Applications for Payment shall be made in accordance with Section 90-06 of the General Provisions. Applications for Payment will be processed by Engineer as provided in the General Provisions . 6.02 Progress Payments; Retainage A. Progress payments and retainage shall be in accordance with Section 90-06 of the General Provis ions . 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Section 50-15 of the General Provisions , Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in Section 90-09 of the General Provisions , minus any damages as described in Paragraphs 4 .03 and 4 .04 . Issued for Bid 00 52 00-2 Garver Project No . 2500937 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docus ign Envelope ID : 43EC9D3D-53C1-41A9-B31C-1961ED285956 Fayetteville -Drake Field (FYV) Pavement Crack Repair ARTICLE 7 -INTEREST 7.01 Note Used. ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations : A. Contractor has examined and carefully studied the Contract Documents , and any data and reference items identified in the Contract Documents . B. Contractor has visited the Site, conducted a thorough , alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local , and Site conditions that may affect cost , progress , and performance of the Work. C. Contractor is familiar with and is satisfied as to all laws and regulations that may affect cost , progress , and performance of the Work . D. Contractor has carefully studied all : (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Special Provisions , especially with respect to Technical Data in such reports and drawings , and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Special Provisions, especially with respect to Technical Data in such reports and drawings . E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site ; information and observations obta ined from visits to the Site ; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents , with respect to the effect of such information, observations, and documents on (1) the cost , progress, and performance of the Work ; (2) the means, methods , techniques , sequences , and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs . F. Based on the information and observations referred to in the preceding paragraph , Contractor agrees that no further examinations, investigations , explorations , tests , stud ies , or data are necessary for the performance of the Work at the Contract Price , with in the Contract Times , and in accordance with the other terms and conditions of the Contract. G. Contractor is awa re of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents . H. Contractor has given Engineer written notice of all conflicts, errors , ambiguities , or discrepancies that Contractor has discovered in the Contract Documents , and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnish ing of the Work . J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents . K. The Contractor hereby represents and warrants to and for the benefit of the Owner tha t: 1. The Contractor has reviewed and understands the prevailing wage rate requirements and will provide any further verified information , certification or assurance of compliance as may be required by the Owner. 2. Notwithstanding any other provision of this Agreement , any failure to comply with this paragraph by the Contractor shall permit the Owner to recover as damages against the Issued for Bid 00 52 00 -3 Garver Project No. 2500937 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID : 43EC9D3D-53C1-41A9-B31C-1961ED285956 Fayetteville -Drake Field (FYV) Pavement Crack Repair Contractor any loss, expense or cost (including w ithout limitation attorney's fees) incurred by the Owner resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Owner). While the Contractor has no direct contractual privity with the State , as a lender to the Owner for the funding of its Project , the Owner and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State . ARTICLE 9 -CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following : 1. Executed Contract 2. Addenda (if any) 3. Advertisement for Bids 4 . Instructions to Bidders 5. Bid Form 6. List of Proposed Subcontractors 7. Qualification Statement 8. General Provisions 9. Special Provisions 10 . Supplemental Specifications as listed in the Table of Contents 11 . Technical Spec ifications as listed in the Table of Contents 12. Drawings 13. Performance Bond 14. Payment Bond 15. Certificates of Insurance 16. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid 17. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto : a. Notice to Proceed. b. Work Change Directives . c. Change Orders . d. Field Orders . B. The documents listed in Paragraph 9.01 .A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documen ts other than those listed above in this Article 9. D. The Contract Documents may only be amended , modified , or supplemented as prov ided in the General Provisions . Issued for Bid 00 52 00-4 Garver Project No . 2500937 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docus ign Envelope ID : 43EC9030-53C1-41A9-B31C-1961ED285956 Fayetteville -Drake Field (FYV) Pavement Crack Repair ARTICLE 10 -MISCELLANEOUS 10 .01 Terms A. Terms not otherwise defined herein and used in this Agreement will have the meanings stated in the General Provisions and the Special Provisions . 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound ; and , specifically but without limitation , money that may become due and money that is 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 .03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns , and legal representatives to the other party hereto , its successors , assigns , and legal representatives in respect to all covenants , agreements , and obligations contained in the Contract Documents . 10.04 Severability A. 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 . 10. 05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive , or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05 : 1. "corrupt practice " means the offering, giving , receiving , or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution ; 2. "fraudulent pract ice " means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b} to establish Bid or Contract prices at artificial non-competitive levels , or (c) to deprive Owner of the benefits of free and open competition ; 3. "collusive pract ice " means a scheme or arrangement between two or more Bidders , with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels ; and 4. "coercive practice " means harming or threatening to harm , directly or indirectly , persons or their property to influence their participation in the bidding process or affect the execution of the Contract. Issued for Bid 00 52 00-5 Garver Project No . 2500937 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID : 43EC9D3D-53C 1-41 A9-831 C-1961 ED285956 Fayetteville -Drake Field (FYV) Pavement Crack Repair IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on _____ (which is the Effective Date of the Contract). OWNER: By: Title : Attest: Title: Address for giving notices : CONTRACTOR : Emery Sapp & Sons, Inc. OOocuSlgned by: By:~ 50137EDB731B451 Title : Assistant Vice President (If Contractor is a corporation , a partnership , or a joint venture , attach evidence of authority to sign.) Attest: Title : ·t#- ~Jt· ?~?fcf License No .: tJ/.-53:5qC>q;).,3 (where applicable) Th is document is a MODIFIED version of EJCOC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies and is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subiect to coovriaht. Issued for Bid 00 52 00-6 Garver Project No . 2500937 05/19/2026 Molly Rawn Mayor Kara Paxton, City Clerk-Treasurer Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Bid 26-26 Addendum 1 Emery Sapp & Sons, Inc. (Asphalt) Supplier Response Event Information Number:Bid 26-26 Addendum 1 Title:Construction - FYV Pavement Crack Repair Type:Invitation to Bid Issue Date:2/15/2026 Deadline:3/12/2026 02:00 PM (CT) Notes:The City of Fayetteville is accepting sealed bids from properly licensed contractors to repair low to high severity pavement cracks and remark the east general aviation apron at Drake Field Airport. Questions regarding this bid should be addressed to Kenny Fitch, Sr. Procurement Agent at kfitch@fayetteville-ar.gov. Contact Information Contact:Kenny Fitch - Sr Procurement Agent Address:Procurement City Hall Room 306 113 W. Mountain St. Fayetteville, AR 72701 Phone:(479) 575-8258 Email:kfitch@fayetteville-ar.gov Vendor: Emery Sapp & Sons, Inc. (Asphalt)Bid 26-26 Addendum 1Page 1 of 3 pages Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Emery Sapp & Sons, Inc. (Asphalt) Information Contact:Shawn Shrum Address:5168-A N. Oak Sprngdale, AR 72764 Phone:(479) 927-0000 Fax:(479) 927-0096 Email:shawn.shrum@emerysapp.com By submitting your response, you certify that you are authorized to represent and bind your company. Shawn Shrum shawn.shrum@emerysapp.com Signature Email Submitted at 3/12/2026 12:59:27 PM (CT) Requested Attachments Signature Forms for Bid 26-26 FYV Pavement Crack Repair - Signature Pages Update.pdf Please attach your completed forms. These documents can be found in FILE #01 - PROJECT MANUAL in the Attachments tab. Please be sure to include ALL required information stated in the Project Manual. Bid Bond for Bid 26-26 FYV Pavement Crack Repair - Bid Bond.pdf Please attach a signed and completed copy of your bid bond. The Bid Bond must be signed by both the bidder and the surety company to be considered valid. An invalid Bid Bond shall be grounds for bid rejection. Bid bonds in the form of a cashier's check shall be delivered to City Hall, Procurement Division before bid deadline and have a copy of the cashier's check uploaded with submittal. Bid Attributes 1 Arkansas Secretary of State Filing Number: 100212597 2 Arkansas Contractor License Number: Contractor's License must have a classification relating to the scope prior to the award of this project. 0133390423 3 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Yes, I agree No, I don't agree Vendor: Emery Sapp & Sons, Inc. (Asphalt)Bid 26-26 Addendum 1Page 2 of 3 pages Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 4 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. Yes, I agree No, I don't agree 5 Addendum Acknowledgement: By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. I agree Bid Lines 1 Mobilization (Shall not exceed 5% of the base bid price, excluding Bonds and Insurance) Quantity:1 UOM:LS Price:$4,271.71 Total:$4,271.71 2 Bonds & Insurance Quantity:1 UOM:LS Price:$1.00 Total:$1.00 3 Construction Safety and Security Quantity:1 UOM:LS Price:$18,672.57 Total:$18,672.57 4 Low Severity Crack Repair (1 1/2" or less) Quantity:56850 UOM:LF Price:$0.47 Total:$26,719.50 5 High Severity Crack Repair (1 1/2" to 5") Quantity:1900 UOM:LF Price:$5.55 Total:$10,545.00 6 Longitudinal Joint Repair Quantity:4920 UOM:LF Price:$1.31 Total:$6,445.20 7 Asphalt Pavement Patch Repair Quantity:40 UOM:SY Price:$82.43 Total:$3,297.20 8 Permanent Markings (Reflective) Quantity:8650 UOM:SF Price:$3.83 Total:$33,129.50 9 Permanent Markings (Non-Reflective) Quantity:15975 UOM:SF Price:$2.19 Total:$34,985.25 1 0 Pavement Marking Removal Quantity:990 UOM:LF Price:$4.37 Total:$4,326.30 Response Total: $142,393.23 Vendor: Emery Sapp & Sons, Inc. (Asphalt)Bid 26-26 Addendum 1Page 3 of 3 pages Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 City of Fayetteville, Arkansas Procurement Division – Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID Bid 26-26, Construction – FYV Pavement Crack Repair DEADLINE: Thursday, March 12, 2026 before 2:00 PM, Local Time PRE-BID MEETING: Thursday, February 26, 2026 at 10:00 AM CONTACT: Sr. Procurement Agent, Kenny Fitch, kfitch@fayetteville-ar.gov DATE OF ISSUE & ADVERTISEMENT: 02/15/2026 & 02/22/2026 No late bids shall be accepted. Bids shall be submitted in one of the following methods: (1) through the City’s third-party electronic bidding platform or (2) delivering in person via sealed envelope to the City of Fayetteville Procurement Division. Submitting through the City’s electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. NOTICE TO ALL BIDDERS: All interested parties can obtain files for this project by going to http://fayetteville-ar.gov/bids. Bid documents shall be distributed electronically from the City of Fayetteville Procurement Division only. BID PACKAGE INCLUDES THE FOLLOWING FILES WHICH SHALL BE LISTED UNDER “ATTACHMENTS”: FILE #01: PROJECT MANUAL – 165 Total Pages FILE #02: PLANS – 21 Total Pages *Additional files added as addendums are issued. Addendums will be uploaded and posted to the City’s electronic bidding platform. *PLAN HOLDER LISTINGS: A listing of vendors who have received documents can be found in the City’s electronic bidding platform under the project section tab titled ‘Plan Holders’. Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring http://fayetteville-ar.gov/bids. Failure to acknowledge addenda issued as instructed could result in bid rejection. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 THIS PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Project Check List This checklist is for the Bidder’s use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier’s check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier’s checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in-person delivery appointment with the City Procurement Division. • All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents • All bids shall be received before the stated deadline utilizing the City’s electronic bidding platform or submitting a physical sealed bid to the City Procurement Division. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed on Zoom. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder’s technical equipment. If submitting a physical bid, all bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor’s License Number. Additional Information Requested: • AR Secretary of State Filing #: _______________________ OR submit electronically. • Arkansas Contractor License #: _______________________ OR submit electronically. • SAM Unique Entity Identifier #: ________________________ OR submit electronically. • Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. o Submit electronically or circle applicable answer: YES or NO • Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. o Submit electronically or circle applicable answer: YES or NO Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Prepared For: City of Fayetteville February 2026 SPECIFICATIONS AND CONTRACT DOCUMENTS FAYETTEVILLE - DRAKE FIELD (FYV) FAYETTEVILLE, ARKANSAS CONSTRUCTION - FYV PAVEMENT CRACK REPAIR CITY OF FAYETTEVILLE BID #26-26 GARVER PROJECT NUMBER 2500937 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 00 01-1 Garver Project No. 2500937 00 00 01 CERTIFICATIONS PAVEMENT CRACK REPAIR GARVER PROJECT NO. 2500937 CITY OF FAYETTEVILLE BID NO. 26-26 I hereby certify that the applicable portions of this project plans and specifications were prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Arkansas. SEAL AND SIGNATURE APPLICABLE DIVISION OR PROJECT RESPONSIBILITY Chase Allison, P.E. Digitally Signed: Project Manager Civil Engineer GARVER, LLC CERTIFICATE OF AUTHORIZATION: Expiration Date: 12/31/2026 02/11/2026 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 00 01-2 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 01 10-1 Garver Project No. 2500937 PAVEMENT CRACK REPAIR 00 01 10 TABLE OF CONTENTS CONTRACT DOCUMENTS AND GENERAL REQUIREMENTS BIDDING REQUIREMENTS 00 00 01 CERTIFICATIONS 00 01 10 TABLE OF CONTENTS 00 11 00 ADVERTISEMENT FOR BIDS 00 21 00 INSTRUCTIONS TO BIDDERS 00 22 13 00 41 00 BID FORM 00 43 13 BID BOND 00 43 36 LIST OF PROPOSED SUBCONTRACTORS 00 45 13 QUALIFICATIONS STATEMENT CONTRACT DOCUMENTS 00 51 00 NOTICE OF AWARD 00 52 00 CONTRACT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT 00 55 00 NOTICE TO PROCEED 00 61 13 PERFORMANCE BOND 00 61 16 PAYMENT BOND 00 65 16 CERTIFICATE OF SUBSTANTIAL COMPLETION CONDITIONS OF THE CONTRACT 00 72 00 FAA GENERAL PROVISIONS 00 73 00 SPECIAL PROVISIONS SUPPLEMENTAL SPECIFICATIONS SS-100 CONSTRUCTION SAFETY AND PHASING PLAN (CSPP) SS-120 CONSTRUCTION SAFETY AND SECURITY SS-407 ASPHALT SURFACE COURSE (ARDOT) TECHNICAL SPECIFICATIONS C-105 MOBILIZATION P-101 PREPARATION AND REMOVAL OF EXISTING PAVEMENTS P-620 RUNWAY AND TAXIWAY MARKING Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 01 10-2 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville -Drake Field (FYV) Pavement Crack Repair CITY OF FAYETTEVILLE Fayetteville, Arkansas BID 26-26, CONSTRUCTION - PAVEMENT CRACK REPAIR 00 11 00 ADVERTISEMENT FOR BIDS The City of Fayetteville is accepting sealed bids from properly licensed contractors to repair low to high severity pavement cracks and remark the east general aviation apron at Drake Field Airport. Questions regarding this bid should be addressed to Kenny Fitch, Sr. Procurement Agent at kfitch@fayetteville- ar.gov. A non-mandatory Pre-Bid meeting will be held Thursday, February 26, 2026, at 10:00 AM. Details regarding the pre-bid meeting are available on the project page on the City's electronic bidding platform. All interested parties are encouraged to attend. Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayetteville Procurement Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Thursday, March 12, 2026, before 2:00 PM local time, utilizing the electronic bidding software or submitting a sealed bid to the City of Fayetteville Procurement Division. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline and livestreamed on Zoom. Each bid exceeding $50,000 shall be accompanied by a cashier's check from a bank doing business in the State of Arkansas or a corporate bid bond for five (5) percent of the amount bid. In the event a bidder opts to submit a cashier's check for a bid bond, the actual physical cashier's check shall be delivered to the City prior to the deadline. One hundred percent (100%) performance and payment bonds are required after the contract award. This amount includes any approved contingency. Bidders shall have a valid State of Arkansas Contractors License prior to the bid submission deadline and a registration in good standing with the Arkansas Secretary of State prior to the contract award. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period which shall not exceed beyond ninety (90) days from the bid opening date. City of Fayetteville By: Kenny Fitch Sr. Procurement Agent 4 79. 578. 8258 kfitch@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 02.15.26 & 02.22.26 This publication was paid for by the Procurement Division of the City of Fayetteville, Arkansas. Amount paid: $408.20 END OF ADVERTISEMENT FOR BIDS Issued for Bid 00 11 00-1 Garver Project No. 2500937 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 41 00-1 Garver Project No. 2500937 00 41 00 BID FORM ARTICLE 1 BID RECIPIENT 1.01 This Bid is submitted to: CITY OF FAYETTEVILLE PURCHASING DIVISION ROOM 306 CITY HALL 113 WEST MOUNTAIN STREET FAYETTEVILLE, ARKANSAS 72701 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 2.02 fully set forth in the Contract. 2.03 In submitting this Bid, Bidder certifies Bidder is qualified to do business in the State of Arkansas as required by laws, rules and regulations or, if allowed by statute, covenants to obtain such qualification prior to contract award. ARTICLE 3 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following addenda: Addendum No. Addendum, Date B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all laws and regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Special Provisions, especially with respect to Technical Data in such reports and drawings, and (2) reports and Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 41 00-2 Garver Project No. 2500937 drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Special Provisions, especially with respect to Technical Data in such reports and drawings. E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. K. The submission of the Bid constitutes that applicable sales taxes are included in the stated Bid prices for the work, unless provision is made herein for the bidder to separately itemize the estimated amount of sales tax. L. By submitting a bid/proposal under this solicitation, the Bidder understands that the bid/proposal is subjected to the Arkansas Department of Labor Wage Rates. M. By submitting a bid/proposal, the Bidder understands that the bid/proposal is subjected to the Federal Aviation Administration requirements referenced in the Special Provisions. ARTICLE 4 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 41 00-3 Garver Project No. 2500937 D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. likely to influence the action of a public official in the bidding process; 2. influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. or their property to influence their participation in the bidding process or affect the execution of the Contract. ARTICLE 5 BASIS OF BID 5.01 Bidder acknowledges that (1) each Bid unit price includes an amount considered by Bidder to be estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. 5.02 Bidder will complete the Work in accordance with the Contract Documents for the enclosed prices. 5.03 BID ALTERNATES A. Not used. 5.04 BID SCHEDULES A. Not used. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 41 00-4 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 41 00-5 Garver Project No. 2500937 All bids shall be placed via the City's online bidding platform. See 00 11 00 Advertisement for Bids for more information. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 41 00-6 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 41 00-7 Garver Project No. 2500937 ARTICLE 6 TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Section 90-09 of the General Provisions on or before the dates or within the number of calendar days indicated in the Contract. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security (00 43 13); B. List of Proposed Subcontractors (00 43 36) C. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; D. E. Required Bidder Qualifications Statement (00 45 13) with supporting data; and F. Current Insurances and Coverages ARTICLE 8 DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Provisions, and the Special Provisions. EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 41 00-8 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 41 00-9 Garver Project No. 2500937 ARTICLE 9 BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] By: [Signature] [Printed name] (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: [Signature] [Printed name] Title: Submittal Date: Address for giving notices: Telephone Number: Fax Number: Contact Name and e-mail address: (where applicable) No. (TIN): EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 41 00-10 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 43 13-1 Garver Project No. 2500937 00 43 13 BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description: BOND Bond Number: Date: Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint ventures, if necessary. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 43 13-2 Garver Project No. 2500937 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of pon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any Performance bond and Payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. EJCDC® C-430, Bid Bond (Penal Sum Form). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 43 36-1 Garver Project No. 2500937 00 43 36 LIST OF PROPOSED SUBCONTRACTORS I, the undersigned Bidder, hereby certify that proposals from the following subcontractors were used in the preparation of my Bid. I agree that if I am the successful Bidder and if the following subcontracts are approved, I will not enter into contracts with others for these divisions of the work without prior written approval from the Engineer and the Owner. For Annual Gross Receipts: Enter 1 for Less than $1 Million Enter 2 for More than $1 Million, Less than $5 Million Enter 3 for More than $5 Million, Less than $10 Million Enter 4 for More than $10 Million, Less than $15 Million Enter 5 for More than $15 Million Type of Work: .............................................................................................................................................. Subcontractor's Name: .................................................................................................................................... Arkansas License No.: ................................................................................................................................... Address: .......................................................................................................................................................... DBE: Yes / No (circle one) Contract Amount: ........................................................................................ SBE: Yes / No (circle one) Date Firm Established: .................................................................................................................................... Annual Gross Receipts (enter the range only): ............................................................................................... Type of Work: .............................................................................................................................................. Subcontractor's Name: .................................................................................................................................... Arkansas License No.: ................................................................................................................................... Address: .......................................................................................................................................................... DBE: Yes / No (circle one) Contract Amount: ........................................................................................ SBE: Yes / No (circle one) Date Firm Established: .................................................................................................................................... Annual Gross Receipts (enter the range only): ............................................................................................... Type of Work: .............................................................................................................................................. Subcontractor's Name: .................................................................................................................................... Arkansas License No.: .................................................................................................................................... Address: .......................................................................................................................................................... DBE: Yes / No (circle one) Contract Amount: ........................................................................................ SBE: Yes / No (circle one) Date Firm Established: .................................................................................................................................... Annual Gross Receipts (enter the range only): ............................................................................................... Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 43 36-2 Garver Project No. 2500937 Type of Work: .............................................................................................................................................. Subcontractor's Name: .................................................................................................................................... Arkansas License No.: .................................................................................................................................... Address: .......................................................................................................................................................... DBE: Yes / No (circle one) Contract Amount: ........................................................................................ SBE: Yes / No (circle one) Date Firm Established: .................................................................................................................................... Annual Gross Receipts (enter the range only): ............................................................................................... Bidder (General Contractor): ....................................................................................................................... Arkansas License No.: .................................................................................................................................... Address: .......................................................................................................................................................... DBE: Yes / No (circle one) SBE: Yes / No (circle one) Date Firm Established: .................................................................................................................................... Annual Gross Receipts (enter the range only): ............................................................................................... By: .................................................................................................................................................................. * Title: ................................................................................................................................................................. Percent of Contract to be Completed by DBE: ............................................................................................... *Signature must be the same as on the Bid form. Notes: (1) General Contractor and subcontractors shall have a certificate of license with the proper classification from the State Contractors Licensing Board before his or her bid is submitted. (2) Certificates of license shall be provided with this form at the time of the bid opening. (3) The Bidder shall supply a copy of IRS Form W9, Request Taxpayer Identification Number (TIN) and Certification with the Bid. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 52 00-1 Garver Project No. 2500937 00 52 00 CONTRACT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT is by and between CITY OF FAYETTEVILLE Owner and Contractor hereby agree as follows: ARTICLE 1 WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: ARTICLE 2 THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: low- to high-severity crack repair and remarking the east general aviation apron, as well as localized repair of failed crack sealant along the longitudinal centerline of Taxiway A, Taxiway B, and Taxiway C. ARTICLE 3 ENGINEER 3.01 The Project has been designed by Garver, LLC. 3.02 The Owner has retained Garver, LLC to have the rights, responsibilities, duties, and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A. The Work will be substantially completed within the following number of days after the date when the Contract Times commence to run as provided in Section 80-07 of the General Provisions, and completed and ready for final payment in accordance with Section 90-09 of the General Provisions within the following number of days after the date when the Contract Times commence to run. The work shall be substantially completed within 15 calendar days following the Notice to Proceed, and total completion shall be within 22 calendar days following the Notice to Proceed. Description Substantial Completion Final Completion Phase 1 7 calendar days - Phase 2 3 calendar days - Phase 3 1 calendar days - Phase 4 2 calendar days - Phase 5 3 calendar days - Phase 6 1 calendar days - Total Project 15 calendar days 7 calendar days after Substantial Completion Date Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 52 00-2 Garver Project No. 2500937 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties 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 any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Project Substantial Completion: Contractor shall pay Owner $1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Project Final Completion: Upon substantial completion and delivery of the final punchlist to the Contractor, the Contractor shall pay Owner $1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Final Completion until the Work is finally complete. 4.04 Special Damages A. Not Used. ARTICLE 5 CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item): B. The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. Estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer and Owner. ARTICLE 6 PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Applications for Payment shall be made in accordance with Section 90-06 of the General Provisions. Applications for Payment will be processed by Engineer as provided in the General Provisions. 6.02 Progress Payments; Retainage A. Progress payments and retainage shall be in accordance with Section 90-06 of the General Provisions. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Section 50-15 of the General Provisions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in Section 90-09 of the General Provisions, minus any damages as described in Paragraphs 4.03 and 4.04. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 52 00-3 Garver Project No. 2500937 ARTICLE 7 INTEREST 7.01 Note Used. ARTICLE 8 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all laws and regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Special Provisions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Special Provisions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. K. The Contractor hereby represents and warrants to and for the benefit of the Owner that: 1. The Contractor has reviewed and understands the prevailing wage rate requirements and will provide any further verified information, certification or assurance of compliance as may be required by the Owner. 2. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner to recover as damages against the Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 52 00-4 Garver Project No. 2500937 incurred by the Owner resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Owner). While the Contractor has no direct contractual privity with the State, as a lender to the Owner for the funding of its Project, the Owner and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. ARTICLE 9 CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. Executed Contract 2. Addenda (if any) 3. Advertisement for Bids 4. Instructions to Bidders 5. Bid Form 6. List of Proposed Subcontractors 7. Qualification Statement 8. General Provisions 9. Special Provisions 10. Supplemental Specifications as listed in the Table of Contents 11. Technical Specifications as listed in the Table of Contents 12. Drawings 13. Performance Bond 14. Payment Bond 15. Certificates of Insurance 16. Exhibits to this Agreement (enumerated as follows): a. 17. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Provisions. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 52 00-5 Garver Project No. 2500937 ARTICLE 10 MISCELLANEOUS 10.01 Terms A. Terms not otherwise defined herein and used in this Agreement will have the meanings stated in the General Provisions and the Special Provisions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is 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. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. 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. 10.05 A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. or their property to influence their participation in the bidding process or affect the execution of the Contract. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 52 00-6 Garver Project No. 2500937 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on __________ (which is the Effective Date of the Contract). OWNER: CONTRACTOR: By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: License No.: (where applicable) This document is a MODIFIED version of EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies and is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to copyright. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair EJCDC® C-550, Notice to Proceed. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Issued for Bid 00 55 00-1 Garver Project No. 2500937 00 55 00 NOTICE TO PROCEED Owner: CITY OF FAYETTEVILLE Contractor: Engineer: GARVER Engineer's Project No.: 2500937 Project: PAVEMENT CRACK REPAIR Effective Date of Contract: TO CONTRACTOR: Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on _____________________, 20__. On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be done at the Site prior to such date. In accordance with the Agreement, the number of calendar days to achieve Substantial Completion is . Before starting any Work at the Site, Contractor must comply with the following: Owner: ____________________________________________ Authorized Signature By: Title: Date Issued: Copy: Engineer ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by ________________________________ ______________ this _____________ day of ______________________, 20 _____. __________________________________ BY __________________________________ TITLE Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair EJCDC® C-550, Notice to Proceed. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Issued for Bid 00 55 00-2 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 61 13-1 Garver Project No. 2500937 00 61 13 PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): CITY OF FAYETTEVILLE 113 WEST MOUNTAIN STREET FAYETTEVILLE, ARKANSAS 72701 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 61 13-2 Garver Project No. 2500937 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and does not request a conference, the Surety may, within five (5) a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 61 13-3 Garver Project No. 2500937 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 61 13-4 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 61 16-1 Garver Project No. 2500937 00 61 16 PAYMENT BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): CITY OF FAYETTEVILLE 113 WEST MOUNTAIN STREET FAYETTEVILLE, ARKANSAS 72701 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 61 16-2 Garver Project No. 2500937 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the the Owner against a duly tendered claim, demand, lien, or suit. 5. shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non- payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor that is sufficient to of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable recover any sums found to be due and owing to the Claimant. 8. fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 61 16-3 Garver Project No. 2500937 jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an against the real property upon which the Project is located. The intent of this Bond shall be to include light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 61 16-4 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-1 Garver Project No. 2500937 00 72 00 FAA GENERAL PROVISIONS SECTION 10 DEFINITION OF TERMS When the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be defined as follows: Paragraph Number Term Definition 10-01 AASHTO The American Association of State Highway and Transportation Officials. 10-02 Access Road The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public roadway. 10-03 Advertisement A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-03.01 Agreement The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. See also 10-04 Airport Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; airport buildings and facilities located in any of these areas, and a heliport. 10-05 Airport Improvement Program (AIP) A grant-in-aid program, administered by the Federal Aviation Administration (FAA). 10-06 Air Operations Area (AOA) The term air operations area (AOA) shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-07 Apron Area where aircraft are parked, unloaded or loaded, fueled and/or serviced. 10-08 ASTM International (ASTM) Formerly known as the American Society for Testing and Materials (ASTM). 10-09 Award acceptance of the submitted bid. 10-09.01 Bid The written offer of the Bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-2 Garver Project No. 2500937 Paragraph Number Term Definition provisions of the plans and specifications. See also 10-10 Bidder Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-10.01 Bidding Documents The Bidding Requirements, the proposed Contract Documents, and all Addenda. 10-11 Building Area An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon. 10-12 Calendar Day Every day shown on the calendar. 10-13 Certificate of Analysis (COA) (COC) including all applicable test results required by the specifications. 10-14 Certificate of Compliance (COC) assemblies furnished fully comply with the requirements of the contract. The certificate shall be signed by the 10-15 Change Order A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for work within the scope of the contract and necessary to complete the project. 10-16 Contract A written agreement between the Owner and the Contractor that establishes the obligations of the parties including but not limited to performance of work, furnishing of labor, equipment and materials and the basis of payment. The awarded Contract includes but may not be limited to: Advertisement, Contract form, Proposal, Performance bond, Payment bond, General provisions, certifications and representations, Technical Specifications, Plans, Supplemental Provisions, standards incorporated by reference and issued addenda. 10-17 Contract Item (Pay Item) A specific unit of work for which a price is provided in the contract. 10-18 Contract Time The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. 10-19 Contractor The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-3 Garver Project No. 2500937 Paragraph Number Term Definition and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-20 Contractors Quality Control (QC) Facilities Contractor Quality Control Program (CQCP). 10-21 Contractor Quality Control Program (CQCP) Details the methods and procedures that will be taken to assure that all materials and completed construction required by the contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. 10-22 Control Strip A demonstration by the Contractor that the materials, equipment, and construction processes results in a product meeting the requirements of the specification. 10-23 Construction Safety and Phasing Plan (CSPP) The overall plan for safety and phasing of a construction project developed by the airport operator, or developed by operator. It is included in the invitation for bids and becomes part of the project specifications. 10-24 Drainage System The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-25 Engineer The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering, inspection, and/or observation of the contract work and acting directly or through an authorized representative. 10-26 Equipment All machinery, together with the necessary supplies for upkeep and maintenance; and all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-27 Extra Work An item of work not provided for in the awarded contract as previously modified by change order or supplemental Resident Project Representative (RPR) to be necessary to complete the work within the i ntended scope of the contract as previously modified. 10-28 FAA The Federal Aviation Administration. When used to designate a person, FAA shall mean the Administrator or their duly authorized representative. 10-29 Federal Specifications The federal specifications and standards, commercial item descriptions, and supplements, amendments, and indices prepared and issued by the General Services Administration. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-4 Garver Project No. 2500937 Paragraph Number Term Definition 10-30 Force Account a. Contract Force Account - A method of payment that addresses extra work performed by the Contractor on a time and material basis. b. Owner Force Account - Work performed for the project by the Owner's employees. 10-30.01 Hazardous Environmental Condition The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 10-31 Intention of Terms Whenever, in these specifications or on the plans, the words understood that the direction, requirement, permission, order, designation, or prescription of the Engineer and/or Resident Project Representative (RPR) is intended; and or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engine er and/or RPR, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-32 Lighting A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-33 Major and Minor Contract Items A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20% of the total amount of the award contract. All other items shall be considered minor contract items. 10-34 Materials Any substance specified for use in the construction of the contract work. 10-35 Modification of Standards (MOS) Any deviation from standard specifications applicable to material and construction methods in accordance with FAA Order 5300.1. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-5 Garver Project No. 2500937 Paragraph Number Term Definition 10-36 Notice to Proceed (NTP) A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-37 Owner contracting agency signatory to the contract. Where the term Sponsor only. The Owner for this project is City of Fayetteville. 10-38 Passenger Facility Charge (PFC) Per 14 Code of Federal Regulations (CFR) Part 158 and 49 United States Code (USC) § 40117, a PFC is a charge imposed by a public agency on passengers enplaned at a commercial service airport it controls. 10-39 Pavement Structure The combined surface course, base course(s), and subbase course(s), if any, considered as a single unit. 10-40 Payment bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-41 Performance bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-42 Plans The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the Contract, supplementary to the specifications. Plans may also be referred to as contract drawings 10-43 Project The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-44 Proposal The written offer of the Bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. Bid. 10-45 Proposal guaranty The security furnished with a proposal to guarantee that the bidder will enter into a contract if their own proposal is accepted by the Owner. 10-46 Quality Assurance (QA) completed complies with specifications for payment. 10-47 Quality Control (QC) construction processes to complete construction in accordance with project specifications. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-6 Garver Project No. 2500937 Paragraph Number Term Definition 10-48 Quality Assurance (QA) Inspector An authorized representative of the Engineer and/or Resident Project Representative (RPR) assigned to make all necessary inspections, observations, tests, and/or observation of tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-49 Quality Assurance (QA) Laboratory The official quality assurance testing laboratories of the Owner or such other laboratories as may be designated by 10-50 Resident Project Representative (RPR) The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for all necessary inspections, observations, tests, and/or observations of tests of the contract work performed or being performed, or of the materials furnished or being furnished by the Contractor, and acting directly or through an authorized representative. 10-51 Runway The area on the airport prepared for the landing and takeoff of aircraft. 10-52 Runway Safety Area (RSA) A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to aircraft. See the construction safety and phasing plan (CSPP) for limits of the RSA. 10-53 Safety Plan Compliance Document (SPCD) Details how the Contractor will comply with the CSPP. 10-54 Specifications A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically. 10-54.01 Site Has the meaning set forth in Section 4.01 of the Instructions to Bidders. 10-55 Sponsor A Sponsor is defined in 49 USC § 47102(24) as a public agency that submits to the FAA for an AIP grant; or a private Owner of a public-use airport that submits to the FAA an application for an AIP grant for the airport. 10-56 Structures Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-57 Subgrade The soil that forms the pavement foundation. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-7 Garver Project No. 2500937 Paragraph Number Term Definition 10-58 Superintendent the work during progress, authorized to receive and fulfill instructions from the RPR, and who shall supervise and direct the construction. 10-59 Supplemental Agreement A written agreement between the Contractor and the Owner that establishes the basis of payment and contract time adjustment, if any, for the work affected by the supplemental agreement. A supplemental agreement is required if: (1) in scope work would inc rease or decrease the total amount of the awarded contract by more than 25%: (2) in scope work would increase or decrease the total of any major contract item by more than 25%; (3) work that is not within the scope of the originally awarded contract; or (4 ) adding or deleting of a major contract item. 10-60 Surety The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor. 10-61 Taxilane A taxiway designed for low speed movement of aircraft between aircraft parking areas and terminal areas. 10-62 Taxiway The portion of the air operations area of an airport that has been designated by competent airport authority for aircraft parking areas, and terminal areas. 10-63 Taxiway/Taxilane Safety Area (TSA) A defined surface alongside the taxiway prepared or suitable for reducing the risk of damage to an aircraft. See the construction safety and phasing plan (CSPP) for limits of the TSA. 10-63.01 Technical Data Those items expressly identified as Technical Data in the Special Provisions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels , laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site. 10-63.02 Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-8 Garver Project No. 2500937 Paragraph Number Term Definition telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 10-64 Work The furnishing of all labor, materials, tools, equipment, and performance of all duties and obligations imposed by the contract, plans, and specifications. 10-65 Working day A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least six (6) hours toward completion of the contract. When work is suspended for cause not be counted as a working day. Saturdays, Sundays and work will be considered as working days. 10-66 Owner Defined terms None END OF SECTION 10 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-9 Garver Project No. 2500937 SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 Advertisement (Notice to Bidders). See Section 00 11 00 20-02 Qualification of bidders. See Instructions to Bidders, Article 3. Each bidder shall submit evidence of competency and evidence of financial responsibility to perform the work to the Owner at the time of bid opening. experience on similar work, and a list of equipment and a list of key personnel that would be available for the work. Each bidder shall furnish the Owner satisfactory evidence of their financial responsibility. Evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether their financial responsibility is approximately condition at the time such qualified statement or report is submitted to the Owner. Unless otherwise specified, a bidder may submit evidence that they are prequalified with the State Highway of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports specified above. 20-03 Contents of proposal forms. The Owner's bidding documents proposal forms state the location and description of the proposed construction; the place, date, and time of opening of the proposals; and the estimated quantities of the various items of work to be performed and materials to be furnished for which unit bid prices are asked. The proposal form states the time in which the work must be completed, and the amount of the proposal guaranty that must accompany the proposal. The Owner will accept only those Proposals properly executed on physical forms or electronic forms provided by the Owner. Bidder actions that may cause the Owner to deem a proposal irregular are given in paragraph 20-09 Irregular proposals. Mobilization is limited to 5 percent of the total project cost. 20-04 Issuance of proposal forms. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder if the bidder is in default for any of the following reasons: a. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force with the Owner at the time the Owner issues the proposal to a prospective bidder. c. Documented record of Contractor default under previous contracts with the Owner. d. Documented record of unsatisfactory work on previous contracts with the Owner. 20-05 Interpretation of estimated proposal quantities . An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The Owner does not expressly, or by implication, agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-10 Garver Project No. 2500937 increased or decreased as provided in the Section 40, paragraph 40-02, Alteration of Work and Quantities , without in any way invalidating the unit bid prices. 20-06 Examination of plans, specifications, and site. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans, specifications, and contract forms. Bidders shall satisfy themselves to the character, quality, and quantities of work to be performed, materials to be furnished, and to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied to the conditions to be encountered in performing the work and the requirements of the proposed contract, plans, and specifications. 20-07 Preparation of proposal. See Instructions to Bidders, Article 13. The bidder shall submit their proposal on the forms furnished by the Owner. All blank spaces in the proposal forms, unless explicitly stated otherwise, must be correctly filled in where indicated for each and every item for which a quantity is given. If so requested, the bidder shall state the price (written in ink or typed) both in words and numerals which they propose for each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall correctly sign the proposal in ink. If the proposal is made by an individual, their name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state where the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of their authority to do so and that the signature is binding upon the firm or corporation. 20-08 Responsive and responsible bidder. See Instructions to Bidders, Article 3. A responsive bid responsibility to decide if the exceptions taken by a bidder to the solicitation are material or not and the extent of deviation it is willing to accept. A responsible bidder has the ability to perform successfully under the terms and conditions of a proposed procurement, as defined in 2 CFR § 200.318(h). This includes such matters as Contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. 20-09 Irregular proposals. Proposals shall be considered irregular for the following reasons: a. or if any part of the proposal form is detached. b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that make the proposal incomplete, indefinite, or otherwise ambiguous. c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. d. If the proposal contains unit prices that are obviously unbalanced. e. If the proposal is not accompanied by the proposal guaranty specified by the Owner. f. If the applicable Disadvantaged Business Enterprise information is incomplete. The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-10 Bid guarantee. See Instructions to Bidders, Article 8. Each separate proposal shall be accompanied by a bid bond, certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such bond, check, or collateral, shall be made payable to the Owner. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-11 Garver Project No. 2500937 20-11 Delivery of proposal. See Instructions to Bidders, Article 15. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement or as modified by Addendum before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-12 Withdrawal or revision of proposals . See Instructions to Bidders, Article 16. A bidder may withdraw request for withdrawal is received by the Owner [ in writing ] [ by fax ][ by email ] before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-13 Public opening of proposals. See Instructions to Bidders, Article 17. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 20-14 Disqualification of bidders. See Instructions to Bidders, Article 19. A bidder shall be considered disqualified for any of the following reasons: a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder. c. -04, Issuance of Proposal Forms, of this section. 20-15 Discrepancies and Omissions. See Instructions to Bidders, Article 5. A Bidder who discovers of the matter. A bidder that has doubt as to the true meaning of a project requirement may submit to the ten request for interpretation no later than [ ] days prior to bid opening. by the Owner. The Owner will not consider any instructions, clarifications or interpretations of the bidding documents in any manner other than written addendum. END OF SECTION 20 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-12 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-13 Garver Project No. 2500937 SECTION 30 AWARD AND EXECUTION OF CONTRACT 30-01 Consideration of proposals. See Instructions to Bidders, Article 19. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit bid price written in words shall govern. the following reasons: a. If the proposal is irregular as specified in Section 20, paragraph 20-09, Irregular Proposals. b. If the bidder is disqualified for any of the reasons specified Section 20, paragraph 20-14, Disqualification of Bidders. In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new 30-02 Award of contract. See Instructions to Bidders, Article 19. The award of a contract, if it is to be awarded, shall be made within [ ] calendar days of the date specified for publicly opening proposals , unless otherwise specified herein. If the Owner elects to proceed with an award of contract, the Owner will make award to the responsible bidder whose bid, conforming with all the material terms and conditions of the bid documents, is the lowest in price. 30-03 Cancellation of award. The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with paragraph 30-07 Approval of Contract. 30-04 Return of proposal guaranty. See Instructions to Bidders, Article 18. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as specified in the paragraph 30-01, Consideration of Proposals. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful soon as the Owner receives the contract bonds as specified in paragraph 30-05, Requirements of Contract Bonds. 30-05 Requirements of contract bonds. At the time of the execution of the contract, the successful bidder shall furnish the Owner a surety bond or bonds that have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason acceptable to the Owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 Execution of contract . See Instructions to Bidders, Article 21. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return the signed contract to the Owner, along with the fully executed surety bond or bonds specified in paragraph 30-05, Requirements of Contract Bonds, of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. 30-07 Approval of contract. See Instructions to Bidders, Article 21. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-14 Garver Project No. 2500937 30-08 Failure to execute contract. See Instructions to Bidders, Article 8. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the period specified in paragraph 30-06, Execution of Contract, of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidated damages to the Owner. END OF SECTION 30 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-15 Garver Project No. 2500937 SECTION 40 SCOPE OF WORK 40-01 Intent of contract. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 Alteration of work and quantities. The Owner reserves the right to make such changes in quantities and work as may be necessary or desirable to complete, in a satisfactory manner, the original intended and is hereby authorized to make, in writing, such in-scope alterations in the work and variation of quantities as may be necessary to complete the work, provided such action does not represent a significant change in the character of the work. For purpose of this section, a significant change in character of work means: any change that is outside the current contract scope of work; any change (increase or decrease) in the total contract cost by more than 25%; or any change in the total cost of a major contract item by more than 25%. Work alterations and quantity variances that do not meet the definition of significant change in character of work shall not invalidate the contract nor release the surety. Contractor agrees to accept payment for such work alterations and quantity variances in accordance with Section 90, paragraph 90-03, Compensation for Altered Quantities. Should the value of altered work or quantity variance meet the criteria for significant change in character of work, such altered work and quantity variance shall be covered by a supplemental agreement. Supplemental agreements shall also require consent of and payment bonds. If the Owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. 40-03 Omitted items Contractor to omit from the work any contract item that does not meet the definition of major contract item. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be non-performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with Section 90, paragraph 90-04, Payment for Omitted Items. 40-04 Extra work. Should acceptable completion of the contract require the Contractor to perform an item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, Owner may issue a Change Order to cover the necessary extra work. Change orders for extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the opinion, is necessary for completion of the extra work. proceed with extra work as provided in Section 90, paragraph 90-05, Payment for Extra Work. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a supplemental agreement as defined in Section 10, paragraph 10-59, Supplemental Agreement. If extra work is essential to maintaining the project critical path, RPR may order the Contractor to commence the extra work under a Time and Material contract method. Once sufficient detail is available to establish the level of effort necessary for the extra work, the Owner shall initiate a change order or supplemental agreement to cover the extra work. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-16 Garver Project No. 2500937 Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner. 40-05 Maintenance of traffic. It is the explicit intention of the contract that the safety of aircraft, as well as maintain traffic in the manner detailed in the Construction Safety and Phasing Plan (CSPP). a. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas (AOAs) of the airport with respect to their own operations and the operations of all subcontractors as specified in Section 80, paragraph 80-04, Limitation of Operations. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in Section 70, paragraph 70-15, Service and Facilities of Others. b. With respect to their own operations and the operations of all subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying personnel, equipment, vehicles, storage areas, and any work area or condition that may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the airport in accordance with the construction safety and phasing plan (CSPP) and the safety plan compliance document (SPCD). c. When the contract requires the maintenance of an existing road, street, or highway during the the Contractor shall keep the road, street, or highway open to all traffic and shall provide maintenance as may be required to accommodate traffic. The Contractor, at their expense, shall be responsible for the repair to equal or better than preconstruction conditions of any damage caused by the Contractor equipment and personnel. The Contractor shall furnish, erect, and maintain barricades, warning signs, flag person, and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices (MUTCD) (http://mutcd.fhwa.dot.gov/), unless otherwise specified. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. 40-06 Removal of existing structures . All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Resident Project Representative (RPR) shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the RPR in accordance with the provisions of the contract. Except as provided in Section 40, paragraph 40-07, Rights in and Use of Materials Found in the Work, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be used in the work as otherwise provided for in the contract and shall remain the property of the Owner when so used in the work. 40-07 Rights in and use of materials found in the work . Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be embankment, the Contractor may at their own option either: a. Use such material in another contract item, providing such use is approved by the RPR and is in conformance with the contract specifications applicable to such use; or, b. Remove such material from the site, upon written approval of the RPR; or Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-17 Garver Project No. 2500937 c. d. Use such material as intended by the terms of the contract. in advance of such use. paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at their expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for use of such material used in the work or removed from the site. applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of their own exercise of option a., b., or c. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-08 Final cleanup. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. The Contractor shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of the property Owner. END OF SECTION 40 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-18 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-19 Garver Project No. 2500937 SECTION 50 CONTROL OF WORK 50-01 Authority of the Resident Project Representative (RPR). The RPR has final authority regarding the interpretation of project specification requirements. The RPR shall determine acceptability of the quality of materials furnished, method of performance of work performed, and the manner and rate of performance of the work. The RPR does not have the authority to accept work that does not conform to specification requirements. 50-02 Conformity with plans and specifications. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross-sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans, or specifications. If the RPR finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications, but that the portion of the work affected will, in their opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, the RPR will advise the Owner of their determination that the affected work be accepted and remain in place. The RPR will document the determination and recommend to the Owner a basis of acceptance that will provide for an adjustment in the contract price for the affected portion of the work. Changes in the contract price must be covered by contract change order or supplemental agreement as applicable. If the RPR finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of complete the work in accordance with the contract, plans, and specifications. The term shall not be insist on strict compliance with the requirements of the opinion, such compliance is essential to provide an acceptable finished portion of the work. consultation with the Sponsor and FAA, to use sound engineering judgment in their determinations to accept work that is not in strict conformity, but will provide a finished product equal to or better than that required by the requirements of the contract, plans and specifications. procedures of construction or the safety precautions incident thereto. 50-03 Coordination of contract, plans, and specifications . The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. If electronic files are provided and used on the project and there is a conflict between the electronic files and hard copy plans, the hard copy plans shall govern. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited advisory circulars (ACs); contract general provisions shall govern over plans, cited standards for materials or testing, and cited ACs; plans shall govern over cited standards for materials or testing and cited ACs. If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern. From time to time, discrepancies within cited testing standards occur due to the timing of the change, edits, and/or replacement of the standards. If the Contractor discovers any apparent discrepancy within standard test methods, the Contractor shall immediately ask the RPR for an interpretation and decision, and such decision shall be final. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-20 Garver Project No. 2500937 The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, Contractor shall immediately notify the Owner or the designated representative in writing requesting their written interpretation and decision. 50-04 List of Special Provisions. See Special Provisions (Section 00 73 00) 50-05 Cooperation of Contractor. The Contractor shall be supplied with three hard copies or an electronic PDF of the plans and specifications. The Contractor shall have available on the construction site at all times one hardcopy each of the plans and specifications. Additional hard copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and shall cooperate with the RPR and their inspectors and with other Contractors in every way possible. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as their agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the RPR or their authorized representative. 50-06 Cooperation between Contractors. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct the work not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with their own contract and shall protect and hold harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange their work and shall place and dispose of the materials being used to not interfere with the operations of the other Contractors within the limits of the same project. The Contractor shall join their work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-07 Construction layout and stakes . The Engineer/RPR shall establish necessary horizontal and vertical control. The establishment of Survey Control and/or reestablishment of survey control shall be by a State Licensed Land Surveyor. Contractor is responsible for preserving integrity of horizontal and vertical controls established by Engineer/RPR. In case of negligence on the part of the Contractor or their employees, resulting in the destruction of any horizontal and vertical control, the resulting costs will be deducted as a liquidated damage against the Contractor. Prior to the start of construction, the Contractor will check all control points for horizontal and vertical accuracy and certify in writing to the RPR that the Contractor concurs with survey control established for the project. All lines, grades and measurements from control points necessary for the proper execution and control of the work on this project will be provided to the RPR. The Contractor is responsible to establish all layout required for the construction of the project. Copies of survey notes will be provided to the RPR for each area of construction and for each placement of material as specified to allow the RPR to make periodic checks for conformance with plan grades, alignments and grade tolerances required by the applicable material specifications. Surveys will be provided to the RPR prior to commencing work items that cover or disturb the survey staking. Survey(s) and notes shall be provided in the following format(s): AutoCAD Civil 3D format. Laser, GPS, String line, or other automatic control shall be checked with temporary control as necessary. In the case of error, on the part of the Contractor, their surveyor, employees or subcontractors, resulting in established grades, alignment or grade tolerances that do not concur with those specified or shown on the plans, the Contractor is solely responsible for correction, removal, replacement and all associated costs at no additional cost to the Owner. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-21 Garver Project No. 2500937 No direct payment will be made, unless otherwise specified in contract documents, for this labor, materials, or other expenses. The cost shall be included in the price of the bid for the various items of the Contract. 50-08 Authority and duties of Quality Assurance (QA) inspectors . QA inspectors shall be authorized to inspect all work done and all material furnished. Such QA inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. QA inspectors are not authorized to revoke, alter, or waive any provision of the contract. QA inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. QA Inspectors are authorized to notify the Contractor or their representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the RPR for a decision. 50-09 Inspection of the work. All materials and each part or detail of the work shall be subject to inspection. The RPR shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the RPR requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts Provide advance written notice to the RPR of work the Contractor plans to perform each week and each day. Any work done or materials used without written notice and allowing opportunity for inspection by the RPR may be ordered removed and replaced at the C Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the Owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-10 Removal of unacceptable and unauthorized work . All work that does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the RPR as provided in paragraph 50-02, Conformity with Plans and Specifications. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of Section 70, paragraph 70-14, . No removal work made under provision of this paragraph shall be done without lines and grades having been established by the RPR. Work done contrary to the instructions of the RPR, work done beyond the lines shown on the plans or as established by the RPR, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the Upon failure on the part of the Contractor to comply with any order of the RPR made under the provisions of this subsection, the RPR will have authority to cause unacceptable work to be remedied or removed and replaced; and unauthorized work to be removed and recover the resulting costs as a liquidated damage against the Contractor. 50-11 Load restrictions. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-22 Garver Project No. 2500937 The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor, at their own expense, shall be responsible for the repair to equal or better than preconstruction conditions of any damage caused by the 50-12 Maintenance during construction. The Contractor shall maintain the work during construction and until the work is accepted. Maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 Failure to maintain the work. Should the Contractor at any time fail to maintain the work as provided in paragraph 50-12, Maintenance during Construction, the RPR shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner, shall be recovered as a liquidated damage against the Contractor. 50-14 Partial acceptance. If at any time during the execution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, the Contractor may request the RPR to make final inspection of that unit. If the RPR finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, the RPR may accept it as being complete, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract. 50-15 Final acceptance. Upon due notice from the Contractor of presumptive completion of the entire project, the RPR and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be complete in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The RPR shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the RPR will notify the Contractor and the Contractor shall correct the unsatisfactory work. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the RPR will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 Claims for adjustment and disputes. If for any reason the Contractor deems that additional compensation is due for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, the Contractor shall notify the RPR in writing of their intention to claim such additional compensation before the Contractor begins the work on which the Contractor bases the claim. If such notification is not given or the RPR is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the RPR has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-23 Garver Project No. 2500937 Contractor shall, within 10 calendar days, submit a written claim to the RPR who will present it to the Owner for consideration in accordance with local laws or ordinances. based on differences in measurements or computations. END OF SECTION 50 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-24 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-25 Garver Project No. 2500937 SECTION 60 CONTROL OF MATERIALS 60-01 Source of supply and quality requirements . The materials used in the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish documentation to the RPR as to the origin, composition, and manufacture of all materials to be used in the work. Documentation shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that meets the requirements of the specifications; and is listed in AC 150/5345-53, Airport Lighting Equipment Certification Program and Addendum, that is in effect on the date of advertisement. 60-02 Samples, tests, and cited specifications. All materials used in the work shall be inspected, tested, and approved by the RPR before incorporation in the work unless otherwise designated. Any work in which untested materials are used without approval or written permission of the RPR shall be performed at the Unless otherwise designated, quality assurance tests will be made by and at the expense of the Owner in accordance with the cited standard methods of ASTM, American Association of State Highway and Transportation Officials (AASHTO), federal specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids. The testing organizations performing on-site quality assurance field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel. Unless otherwise designated, samples for quality assurance will be taken by a qualified representative of the RPR. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation at their request after review and approval of the RPR. A copy of all Contractor QC test data shall be provided to the RPR daily, along with printed reports, in an approved format, on a weekly basis. After completion of the project, and prior to final payment, the Contractor shall submit a final report to the RPR showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests. 60-03 Certification of compliance/analysis (COC/COA). The RPR may permit the use, prior to sampling materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. The COA is the manufactu includes all applicable test results. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the RPR. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-26 Garver Project No. 2500937 for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: a. Conformance to the specified performance, testing, quality or dimensional requirements; and, b. Suitability of the material or assembly for the use intended in the contract work. The RPR reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 Plant inspection. The RPR or their authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for acceptance of the material or assembly. Should the RPR conduct plant inspections, the following conditions shall exist: a. The RPR shall have the cooperation and assistance of the Contractor and the producer with whom the Contractor has contracted for materials. b. The RPR shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. c. If required by the RPR, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Place office or working space in a convenient location with respect to the plant. It is understood and agreed that the Owner shall have the right to retest any material that has been tested and approved at the source of supply after it has been delivered to the site. The RPR shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 60-05 Engineer/ Resident Project Representative (RPR) field office . See Section C-105. [ The Contractor shall provide dedicated space for the use of the engineer, RPR, and inspectors, as a field office for the duration of the project. This space shall be located conveniently near the construction and shall be separate from any space used by the Contractor. The Contractor shall furnish water, sanitary facilities, heat, air conditioning, and electricity. ] [ An Engineer/RPR field office is not required. ] 60-06 Storage of materials. Materials shall be stored to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the RPR. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans and/or CSPP, the storage of materials and the location of the not be used for storage purposes without written permission of the Owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the RP All storage sites on private or airport property shall be restored to their original condition by the Contractor at their expense, except as otherwise agreed to (in writing) by the Owner or lessee of the property. 60-07 Unacceptable materials. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the RPR. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-27 Garver Project No. 2500937 Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the RPR has approved its use in the work. 60-08 Owner furnished materials. The Contractor shall furnish all materials required to complete the work, except those specified, if any, to be furnished by the Owner. Owner-furnished materials shall be made available to the Contractor at the location specified. All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner-furnished materials shall be included in the unit price bid for the contract item in which such Owner- furnished material is used. After any Owner-furnished material has been delivered to the location specified, the Contractor shall be handling, storage, or use of such Owner-furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the -furnished materials. END OF SECTION 60 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-28 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-29 Garver Project No. 2500937 SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 Laws to be observed. The Contractor shall keep fully informed of all federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all their officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, . The Contractor shall indemnify and hold harmless the City and Engineers. 70-02 Permits, licenses, and taxes . The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful execution of the work. 70-03 Patented devices, materials, and processes . If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, the Contractor shall provide for such use by suitable legal agreement with the Patentee or Owner. The Contractor and the surety shall indemnify and hold harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the execution or after the completion of the work. 70-04 Restoration of surfaces disturbed by others. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) must be shown on the plans and is indicated as follows: Owner Contact Phone Number Fayetteville Drake Field Jared Rabren (479) 718-7642 FAA Tech Ops Samuel Morse (479) 649-2477 Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the RPR. Should the Owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such Owners by arranging and performing the work in this contract to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the RPR, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 Federal Participation. The United States Government has agreed to reimburse the Owner for some portion of the contract costs. The contract work is subject to the inspection and approval of duly authorized representatives of the FAA Administrator. No requirement of this contract shall be construed as making the United States a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 Sanitary, health, and safety provisions applicable federal, state, and local requirements for health, safety and sanitary provisions. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-30 Garver Project No. 2500937 70-07 Public convenience and safety. The Contractor shall control their operations and those of their subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to their own operations and those of their own subcontractors and all suppliers in accordance with Section 40, paragraph 40-05, Maintenance of Traffic, and shall limit such operations for the convenience and safety of the traveling public as specified in Section 80, paragraph 80-04, Limitation of Operations. The Contractor shall remove or control debris and rubbish resulting from its work operations at frequent intervals, and upon the order of the RPR. If the RPR determines the existence of Contractor debris in the work site represents a hazard to airport operations and the Contractor is unable to respond in a prompt and reasonable manner, the RPR reserves the right to assign the task of debris removal to a third party and recover the resulting costs as a liquidated damage against the Contractor. 70-08 Construction Safety and Phasing Plan (CSPP). The Contractor shall complete the work in accordance with the approved Construction Safety and Phasing Plan (CSPP) developed in accordance with AC 150/5370-2, Operational Safety on Airports During Construction. The CSPP is on sheet(s) GC- 001 to GC-105 of the project plans. 70-09 Use of explosives. The use of explosives is not permitted on this project. 70-10 Protection and restoration of property and landscape . The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer/RPR has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the execution of the work, resulting from any act, omission, neglect, or misconduct in manner or method of executing the work, or at any time due to defective work or materials, and said responsibility shall not be released until the project has been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non- execution thereof by the Contractor, the Contractor shall restore, at their expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or the Contractor shall make good such damage or injury in an acceptable manner. 70-11 Responsibility for damage claims. The Contractor shall indemnify and hold harmless the Engineer/RPR and the Owner and their officers, agents, and employees from all suits, actions, or claims, of any character, brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or or decree. Money due the Contractor under and by virtue of their own contract considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, their own surety may be held until such suits, actions, or claims for injuries or damages shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he or she is adequately protected by public liability and property damage insurance. 70-12 Third party beneficiary clause . It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create for the public or any Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-31 Garver Project No. 2500937 member thereof, a third-party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 Opening sections of the work to traffic. If it is necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the Owner prior to completion of the entire contract, ction Safety and Phasing Plan (CSPP) and the project plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. Detailed phasing information is provided in the Construction Safety and Phasing Plan . Upon completion of any portion of work listed above, such portion shall be accepted by the Owner in accordance with Section 50, paragraph 50-14, Partial Acceptance. No portion of the work may be opened by the Contractor until directed by the Owner in writing. Should it become necessary to open a portion of the work to traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the RPR, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at their expense. The Contractor shall make their own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. The Contractor must conform to safety standards contained AC 150/5370-2 and the approved CSPP. Contractor shall refer to the plans, specifications, and the approved CSPP to identify barricade requirements, temporary and/or permanent markings, airfield lighting, guidance signs and other safety requirements prior to opening up sections of work to traffic. 70- completed work, excepting only those portions of the work accepted in accordance with Section 50, paragraph 50-14, Partial Acceptance, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at their own expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seeding, and sodding furnished under the contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-. As provided in paragraph 70-04, Restoration of Surfaces Disturbed by Others , the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control their operations to prevent the unscheduled interruption of such utility services and facilities. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-32 Garver Project No. 2500937 To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and/or in the contract documents. It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of the responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the Owners of all utility services or other facilities of their plan of operations. Such notification shall be in writing -04, Restoration of Surfaces Disturbed By Others. A copy of each notification shall be given to the RPR. In addition to the general written notification provided, it shall be the responsibility of the Contractor to keep such individual Owners advised of changes in their plan of operations that would affect such Owners. Prior to beginning the work in the general vicinity of an existing utility service or facility, the Contractor shall assistance is needed to locate the utility service or facility or the presence of a representative of the Owner is desirable to observe the work, such advice should be included in the notification. Such notification shall Contractor shall furnish a written summary of the notification to the RPR. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use hand excavation methods within 3 feet (1 m) of such outside limits at such points as may be required to ensure pr Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, the Contractor shall immediately notify the proper authority and the RPR and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the RPR continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to their operations whether due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or their own surety. 70-16 Furnishing rights-of-way. The Owner will be responsible for furnishing all rights-of-way upon which 70-17 Personal liability of public officials . In carrying out any of the contract provisions or in exercising any power or authority granted by this contract, there shall be no liability upon the Engineer, RPR, their authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70-18 No waiver of legal rights. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or their surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill their obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-33 Garver Project No. 2500937 The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, or guaranty. 70-19 Environmental protection. The Contractor shall comply with all federal, state, and local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, asphalts, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. 70-20 Archaeological and historical findings. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during their operations, any building, part of a building, structure, or object that is incongruous with its surroundings, the Contractor shall immediately cease operations in that location and notify the RPR. The RPR will the Contractor to either resume operations or to suspend operations as directed. historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract change order or supplemental agreement as provided in Section 40, paragraph 40-04, Extra Work, and Section 90, paragraph 90-05, Payment for Extra Work. If appropriate, the contract change order or supplemental agreement shall include an extension of contract time in accordance with Section 80, paragraph 80-07, Determination and Extension of Contract Time . 70-21 Insurance Requirements. See Special Provisions. END OF SECTION 70 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-34 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-35 Garver Project No. 2500937 SECTION 80 EXECUTION AND PROGRESS 80-01 Subletting of contract. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Resident Project Representative (RPR). The Contractor shall perform, with his organization, an amount of work equal to at least 25 percent of the total contract cost. Should the Contractor elect to assign their contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner. If requested, the Contractor shall provide copies of all subcontracts to the RPR 14 days prior to being utilized on the project. As a minimum, the information shall include the following: Subcontractor's legal company name. Subcontractor's legal company address, including County name. Principal contact person's name, telephone and fax number. Complete narrative description, and dollar value of the work to be performed by the subcontractor. Copies of required insurance certificates in accordance with the specifications. Minority/ non-minority status. 80-02 Notice to proceed (NTP). The Owners notice to proceed will state the date on which contract time commences. The Contractor is expected to commence project operations within 10 days of the NTP date. The Contractor shall notify the RPR at least 48 hours in advance of the time contract operations begins. The Contractor shall not commence any actual operations prior to the date on which the notice to proceed is issued by the Owner. 80-03 Execution and progress . Unless otherwise specified, the Contractor shall submit their coordinated 10 days prior to the start of work and in advance of the preconstruction meeting. schedule, once accepted by the RPR, will represent the Contractor's baseline plan to accomplish the project in accordance with the terms and conditions of the Contract. The RPR will compare actual Contractor progress against the baseline schedule to determine that status of the Contractor's performance. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. request, submit a revised schedule for completion of the work within the contract time and modify their operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the execution of the work be discontinued for any reason, the Contractor shall notify the RPR at least 48 hours in advance of resuming operations. The Contractor shall not commence any actual construction prior to the date on which the NTP is issued by the Owner. The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a weekly monthly basis, or as otherwise specified in the contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the contract. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-36 Garver Project No. 2500937 80-04 Limitation of operations. The Contractor shall control their operations and the operations of their subcontractors and all suppliers to provide for the free and unobstructed movement of aircraft in the air operations areas (AOA) of the airport. When the work requires the Contractor to conduct their operations within an AOA of the airport, the work shall be coordinated with airport operations (through the RPR) at least 48 hours prior to commencement of such work. The Contractor shall not close an AOA until so authorized by the RPR and until the necessary temporary marking, signage and associated lighting is in place as provided in Section 70, paragraph 70- 08, Construction Safety and Phasing Plan (CSPP). When the contract work requires the Contractor to work within an AOA of the airport on an intermittent basis (intermittent opening and closing of the AOA), the Contractor shall maintain constant communications as specified; immediately obey all instructions to vacate the AOA; and immediately obey all instructions to resume work in such AOA. Failure to maintain the specified communications or to obey instructions shall tions are provided. The areas of the AOA identified in the Construction Safety Phasing Plan (CSPP) and as listed below, cannot be closed to aircraft operations intermittently. as follows: The Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction and the approved CSPP. 80-04.1 Operational safety on airport during construction. conducted in accordance with the approved project Construction Safety and Phasing Plan (CSPP) and the Safety Plan Compliance Document (SPCD) and the provisions set forth within the current version of AC 150/5370-2, Operational Safety on Airports During Construction. The CSPP included within the contract documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a SPCD that details how it proposes to comply with the requirements presented within the CSPP. The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks to assure compliance with the safety plan measures. The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The Contractor shall assure that all subcontractors are made aware of the requirements of the CSPP and SPCD and that they implement and maintain all necessary measures. No deviation or modifications may be made to the approved CSPP and SPCD unless approved in writing by the Owner. The necessary coordination actions to review Contractor proposed modifications to an approved CSPP or approved SPCD can require a significant amount of time. 80-05 Character of workers, methods, and equipment . The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. Any person employed by the Contractor or by any subcontractor who violates any operational regulations or operational safety requirements and, in the opinion of the RPR, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the RPR, be removed immediately by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the RPR. Should the Contractor fail to remove such person or persons, or fail to furnish suitable and sufficient personnel for the proper execution of the work, the RPR may suspend the work by written notice until compliance with such orders. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-37 Garver Project No. 2500937 All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall not cause injury to previously completed work, adjacent property, or existing airport facilities due to its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless otherwise authorized by the RPR. If the Contractor desires to use a method or type of equipment other than specified in the contract, the Contractor may request authority from the RPR to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the RPR determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the RPR may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this paragraph. 80-06 Temporary suspension of the work. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods the Owner may deem necessary, due to unsuitable weather, or other conditions considered unfavorable for the execution of the work, or for such time necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the written order to suspend work to the effective date of the written order to resume the work. to resume work. The Contractor shall submit with their own claim information substantiating the amount shown on the claim. The RPR will forward accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather or for any other delay provided for in the contract, plans, or specifications. If it becomes necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. The Contractor shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-07 Determination and extension of contract time. The number of calendar days shall be stated in the proposal (bid form) and contract (agreement) and shall be known as the Contract Time. follows: 80-07.1 Contract time based on calendar days. Contract Time based on calendar days shall consist of the number of calendar days stated in the contract counting from the effective date of the Notice to Proceed and including all Saturdays, Sundays, holidays, and non-work days. All calendar days elapsing between Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-38 Garver Project No. 2500937 the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. 80-08 Failure to complete on time. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in paragraph 80-07, Determination and Extension of Contract Time) the sum specified in the contract and proposal as liquidated damages (LD) will be deducted from any money due or to become due the Contractor or their own surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in their contract. Details of liquidated damages are included in the Contract. Construction time shall be as included in the Contract (Agreement). The maximum construction time allowed for Schedules [ ] will be the sum of the time allowed for individual schedules but not more than [ ] days. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the contract. 80-09 Default and termination of contract . The Contractor shall be considered in default of their contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons, if the Contractor: a. Fails to begin the work under the contract within the time specified in the Notice to Proceed, or b. Fails to perform the work or fails to provide sufficient workers, equipment and/or materials to assure completion of work in accordance with the terms of the contract, or c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d. Discontinues the execution of the work, or e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g. Allows any final judgment to stand against the Contractor unsatisfied for a period of 10 days, or h. Makes an assignment for the benefit of creditors, or i. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Owner consider the Contractor in default of the contract for any reason above, the Owner shall considering the Contractor in default and the Owne If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the RPR of the facts of such delay, neglect, or comply with such notice, have full power and authority without violating the contract, to take the execution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-39 Garver Project No. 2500937 acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the RPR will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 Termination for national emergencies. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the execution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the RPR. Termination of the contract or a portion thereof shall neither relieve the Contractor of their responsibilities for the completed work nor shall it relieve their surety of its obligation for and concerning any just claim arising out of the work performed. 80-11 Work area, storage area and sequence of operations . The Contractor shall obtain approval from the RPR prior to beginning any work in all areas of the airport. No operating runway, taxiway, or air operations area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate work in accordance with the approved CSPP and SPCD. END OF SECTION 80 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-40 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-41 Garver Project No. 2500937 SECTION 90 MEASUREMENT AND PAYMENT 90-01 Measurement of quantities. All work completed under the contract will be measured by the RPR, or their authorized representatives, using United States Customary Units of Measurement. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an area of 9 square feet (0.8 square meters) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the RPR. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. unit of measurement, the unit will be construed to include all necessary fittings and accessories. When requested by the Contractor and approved by the RPR in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the RPR and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. MEASUREMENT AND PAYMENT TERMS Term Description Excavation and Embankment Volume In computing volumes of excavation, the average end area method will be used unless otherwise specified. Measurement and Proportion by Weight materials that are measured or proportioned by weights shall be weighed on accurate, independently certified scales by competent, qualified personnel at locations designated by the RPR. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material is paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the RPR directs, and each truck shall bear a plainly legible identification mark. Measurement by Volume Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable for the materials hauled, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. Asphalt Material Asphalt materials will be measured by the gallon or ton. When measured by volume, such volumes will be measured at 60°F (16°C) or will be corrected to the volume at 60°F (16°C) using ASTM D1250 for asphalts. Net certified scale weights Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-42 Garver Project No. 2500937 Term Description or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when asphalt material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When asphalt materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, will be used for computing quantities. Cement Cement will be measured by the ton or hundredweight. Structure Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Timber Timber will be measured by the thousand feet board measure (MFBM) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. Plates and Sheets The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inch. Miscellaneous Items When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gauge, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. Scales Scales must be tested for accuracy and serviced before use. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales shall be accurate within 0.5% of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the RPR before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed 0.1% of the nominal rated capacity of the sca le, but not less than one pound. The use of spring balances will not be permitted. more than correct weight) they will be immediately adjusted. All materials received subsequent to the last previous correct weighting-accuracy test will be reduced by the percentage of error in excess of 0.5%. In the event inspection reveals the scales have been under-weighing (indicating less than correct weight), they shall be immediately adjusted. No additional payment to the Contractor will be allowed for materials previously weighed and recorded. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the RPR can safely and conveniently view them. Scale installations shall have available ten standard 50-pound weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-43 Garver Project No. 2500937 Term Description All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. Rental Equipment Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered in connection with extra work will be measured as agreed in the change order or supplemental agreement authorizing such work as provided in paragraph 90-05 Payment for Extra Work . Pay Quantities When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the RPR. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 Scope of payment. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the execution thereof, subject to the provisions of Section 70, paragraph 70-18, No Waiver of Legal Rights. bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 Compensation for altered quantities. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in Section 40, paragraph 40-02, Alteration of Work and Quantities, will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from their own unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 Payment for omitted items. As specified in Section 40, paragraph 40-03, Omitted Items, the RPR shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner. Should the RPR omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable -perform such contract item. will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-44 Garver Project No. 2500937 90-05 Payment for extra work. Extra work, performed in accordance with Section 40, paragraph 40-04, Extra Work, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. 90-06 Partial payments. Partial payments will be made to the Contractor at least once each month as the work progresses. Said payments will be based upon estimates, prepared by the RPR, of the value of the work performed and materials complete and in place, in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with paragraph 90-07, Payment for Materials on Hand. No partial payment will be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars. a. From the total of the amount determined to be payable on a partial payment, five percent (5%) of otherwise instructed by the Owner, the amount retained by the Owner will be in effect until the final payment is made except as follows: (1) Contractor may request release of retainage on work that has been partially accepted by the Owner in accordance with Section 50-14. Contractor must provide a certified invoice to the RPR that supports the value of retainage held by the Owner for partially accepted work. (2) In lieu of retainage, the Contractor may exercise at its option the establishment of an escrow account per paragraph 90-08. b. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. Contractor must provide the Owner evidence of prompt and full payment of retainage held by the prime Contractor to the subcontractor satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. c. When at least 95% of the work has been completed to the satisfaction of the RPR, the RPR shall, at the cost of the remaining work to be done. The Owner may retain an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the RPR to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in paragraph 90-09, Acceptance and Final Payment. The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-45 Garver Project No. 2500937 90-07 Payment for materials on hand. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: a. The material has been stored or stockpiled in a manner acceptable to the RPR at or on an approved site. b. The Contractor has furnished the RPR with acceptable evidence of the quantity and quality of such stored or stockpiled materials. c. The Contractor has furnished the RPR with satisfactory evidence that the material and transportation costs have been paid. d. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material stored or stockpiled. e. The Contractor has furnished the Owner evidence that the material stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work. materials shall in no way relieve the Contractor of their responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this paragraph. 90-08 Payment of withheld funds accordance with the methods described in paragraph 90-06 Partial Payments, the Contractor may request escrow account is subject to the following conditions: a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner. b. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the retainage that would otherwise be withheld from partial payment. c. The Contractor shall enter into an escrow agreement satisfactory to the Owner. d. The Contractor shall obtain the written consent of the surety to such agreement. 90-09 Acceptance and final payment. When the contract work has been accepted in accordance with the requirements of Section 50, paragraph 50-15, Final Acceptance, the RPR will prepare the final estimate of computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the RPR shall resolve all disputes (if any) in the measurement -day period, a dispute still exists, the Contractor may approve the Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-46 Garver Project No. 2500937 by the Owner as a claim in accordance with Section 50, paragraph 50-16, Claims for Adjustment and Disputes. receipt of the project closeout documentation required in paragraph 90-11, Contractor Final Project Documentation, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of Section 50, paragraph 50-16, Claims for Adjustments and Disputes, or under the provisions of this paragraph, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. 90-10 Construction warranty. a. In addition to any other warranties in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, workmanship, or design furnished, or performed by the Contractor or any subcontractor or supplier at any tier. b. This warranty shall continue for a period of one year from the date of final acceptance of the work, except as noted. If the Owner takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one year from the date the Owner takes possession. c. property, when that damage is the result of the Contra any defect of equipment, material, workmanship, or design furnished by the Contractor. d. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. repair or replacement. e. The Owner will notify the Contractor, in writing, within seven (7) days after the discovery of any failure, defect, or damage. f. If the Contractor fails to remedy any failure, defect, or damage within 14 days after receipt of notice, the Owner shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed, in writing, for the benefit of the Owner, as directed by the Owner, and (3) Enforce all warranties for the benefit of the Owner. h. fraud. 90-11 Contractor Final Project Documentation. Approval of final payment to the Contractor is contingent upon completion and submittal of the items listed below. The final payment will not be approved until the a. Provide two (2) copies of all manufacturers warranties specified for materials, equipment, and installations. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-47 Garver Project No. 2500937 b. Complete final cleanup in accordance with Section 40, paragraph 40-08, Final Cleanup. c. Complete all punch list items identified during the Final Inspection. d. Provide complete release of all claims for labor and material arising out of the Contract. e. When applicable per state requirements, return copies of sales tax completion forms. f. Manufacturer's certifications for all items incorporated in the work. g. All required record drawings, as-built drawings or as-constructed drawings. h. Security for Construction Warranty. i. Equipment commissioning documentation submitted, if required. END OF SECTION 90 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) AC 150/5370-10H Pavement Crack Repair 12/21/2018 Issued for Bid 00 72 00-48 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-1 Garver Project No. 2500937 00 73 00 SPECIAL PROVISIONS TABLE OF CONTENTS A. REQUIRED FEDERAL CONTRACT PROVISIONS A-01 CIVIL RIGHTS - GENERAL A-02 CIVIL RIGHTS - TITLE VI ASSURANCE A-03 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 B. STATE TERMS AND CONDITIONS B-01 GENERAL B-02 BIDDING B-03 BONDING C. LOCAL TERMS AND CONDITIONS C-01 C-02 UTILITIES C-03 LEGAL HOLIDAYS C-04 PROJECT CLEANUP C-05 PROJECT MEETINGS AND COORDINATION C-06 LIQUIDATED DAMAGES FOR DELAY C-07 CARE OF WORK C-08 QUALITY ASSURANCE/MATERIALS TESTING C-09 RECORD DOCUMENTS C-10 CONTRACTOR/SUBCONTRACTOR/SUPPLIER LEGAL DISPUTES C-11 GENERAL GUARANTY C-12 C-13 SUBMITTALS Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-2 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-3 Garver Project No. 2500937 SECTION A FEDERAL AVIATION ADMINISTRATION REQUIREMENTS A-01 CIVIL RIGHTS - GENERAL The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, religion, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. A-02 CIVIL RIGHTS TITLE VI ASSURANCE Title VI Solicitation Notice: The Owner, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award. Compliance with Nondiscrimination Requirements: During the performance of this contract, the contractor, for itself, its assignees, and successors in interest C 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the C under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-4 Garver Project No. 2500937 5. Sanctions for Noncompliance: In the event of a C non- discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Title VI List of Pertinent Nondiscrimination Acts and Authorities: During the performance of this contract, the contractor, for itself, its assignees, and successors in interest C -discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation Effectuation of Title VI of The Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in programs or Activities Receiving Federal Financial Assistance); The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq.) prohibit discrimination on the basis of disability in the operation of public entities, public and private Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-5 Garver Project No. 2500937 transportation systems, places of public accommodation, and certain testing entities as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; -discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)]; Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). A-03 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor Occupational Safety and Health Administration. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-6 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-7 Garver Project No. 2500937 SECTION B STATE TERMS AND CONDITIONS B-01 GENERAL The intent of this section is to outline the requirements set forth by the State of Arkansas; however, this section does not claim to include all State laws. All requirements set for by the State of Arkansas for bidding and construction shall be included by reference herein. If for any reason that the Federal and/or State requirements conflict with the requirements set forth in this contract, the more stringent of the requirements shall govern. B-02 BIDDING B-02.01 Act 150 of 1965 require a contractor to have a current in order to submit a valid bid for work when the cost thereof is fifty thousand dollars ($50,000) or more. B-02.02 Act 159 of 1949, as amended, requires the bidder to list his mechanical, plumbing, electrical, and roofing and sheet metal subcontractors. B-03 BONDING Bonding shall be executed pursuant to the terms of Arkansas Code Annotated §§ 18-44-501 et. Seq., as amended. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-8 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-9 Garver Project No. 2500937 SECTION C LOCAL TERMS AND CONDITIONS C-01 INSURANCE Contractor shall obtain insurance of the types and in the amounts described below, but in no event shall such limits be less than those required by applicable law. The insurance shall be written by insurance companies and on forms acceptable to Owner. Owner and Garver, LLC shall be included as an insured under the CGL, (using ISO Additional Insured Endorsement CG 20 10 11 85 or a substitute providing equivalent coverage), and under the commercial automobile liability (using ISO Additional Insured Endorsement CA 2048 or a substitute providing equivalent coverage), and commercial umbrella, if any. This insurance, including insurance provided under the commercial umbrella, if any, shall apply as primary and non- contributory insurance with respect to any other insurance or self-insurance programs afforded to, or maintained by, Owner. C-01.1 Commercial General and Umbrella Liability Insurance: Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance, with a limit of not less than $2,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to the Project. CGL insurance shall be written on ISO occurrence form CG 20 10 (11-85) (or a substitute combination of the following forms CG 20 10 (10-01) and CG 20 37 (10-01) providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury and liability assumed under an insured contract. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage, or amending the contractual coverage in the ISO occurrence form. CGL insurance shall be written with an ISO form CG 25 03 05 09 Designated Construction Project(s) General Aggregate Limit or a substitute form providing equivalent coverage. C-01.2 Continuing CGL Coverage: Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella liability insurance, with a limit of not less than $2,000,000 each occurrence for at least 3 years following substantial completion of the Work. Continuing commercial umbrella coverage, if any, shall include liability coverage for damage to the insured's completed Work equivalent to that provided under ISO form CG 00 01. C-01.3 Commercial Auto and Umbrella Liability Insurance: Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired and non-owned autos). Commercial auto coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA 00 01. If the Contract Documents require Contractor to remove and haul hazardous waste from the Project site, or if the Project involves such similar environmental exposure, pollution liability coverage equivalent to that provided under the ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement (CA 99 48) shall be provided, and the Motor Carrier Act Endorsement (MCS 90) shall be attached. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-10 Garver Project No. 2500937 C-01.4 : in accordance with statutory limits. each accident for bodily injury by accident or $500,000 each employee for bodily injury by disease. If Contractor leases its employees, the alternate employer endorsement (WC 00 03 01 A) shall be attached showing Owner in the schedule as the alternate employer. Where applicable, U.S. Longshore and Harborworkers Compensation Act Endorsement shall be attached to the policy. Where applicable, Nonappropriated Fund Instrumentalities Act (NFIA) shall be attached to the policy. NFIA extends the coverage of the Longshore and Harbor Workers' Compensation Act to civilian employees working on United States military bases throughout the world who are not paid with funds appropriated by Congress. These employees, working in facilities operated for the comfort, contentment, and improvement of armed forces personnel, are instead compensated with funds generated from earnings of their facility. Where applicable, Outer Continental Shelf Lands Act Endorsement shall be attached to the policy. Where applicable, the Maritime Coverage Endorsement shall be attached to the policy. If project is located in a state where workers compensation is secured via monopolistic state funds, include C-01.5 Property Insurance: If applicable, Contractor shall purchase and maintain property insurance for the Work. Such insurance shall be written in an amount at least equal to the initial contract sum as well as subsequent modifications of that sum. The insurance shall apply on a replacement cost basis. If the insurance obtained in compliance with this paragraph is builders risk insurance, coverage shall be written on a completed value form. The property insurance as required above shall name as insureds the Owner, Contractor, and all subcontractors and sub-subcontractors on the Project. C-01.6 Primary and Non-contributory: Contractor agrees that the insurance listed above, including insurance provided under the commercial umbrella, if any, shall apply as primary and non-contributory insurance with respect to any other insurance or self-insurance programs afforded to, or maintained by, Owner. C-01.7 Waiver of Subrogation: Contractor waives all rights against the Owner and Garver, LLC and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability, commercial umbrella liability insurance, automobile liability insurance and workers compensation insurance maintained pursuant to paragraph C-01 of this agreement. C-01.8 No Implied Waiver: Contractor shall furnish certifications matching the coverage requirements. Failure of Owner or Engineer to demand such certificate or other evidence of full compliance with these insurance requirements or failure of Owner or Engineer to identify a deficiency from evidence that is provided shall not be construed as a waiver of the contractors obligations to furnish and maintain such insurance, or as a waiver to the enforcement of any of the provisions at a later date. written change order and signed by a Managing Member (Officer) of the Engineer and the Owner. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-11 Garver Project No. 2500937 C-01.9 Cancellation, Non-Renewal, and/or Impairment Notification: The Contractor shall not cause any insurance policy to be cancelled or permit it to lapse and all insurance policies shall include an endorsement to the effect that the insurance policy or certificate shall not be subject to cancellation or to a reduction in the required limits of liability or amounts of insurance until notice has been mailed to the Owner and Engineer, stating the date when such cancellation or reduction shall be effective, which date shall not be less than (60) days after such notice. The amount shown in the bid item for the shall include that amount of additional premium required for Owner and Garver, LLC. The Engineer has the right to request justification from the contractor for the Notice shall be sent via email and regular mail to the following persons and addresses: Owner: City of Fayetteville Jared Rabren 4600 S. School Avenue Fayetteville, AR 72701 jrabren@fayetteville-ar.gov Garver: Chase Allison 4300 South JB Hunt Drive, Suite 240 Rogers, AR 72758 CKAllison@GarverUSA.com Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-12 Garver Project No. 2500937 C-01.10 Sample Certificate of Liability Insurance: Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-13 Garver Project No. 2500937 C-02 UTILITIES All work in this contract shall be in accordance with the Arkansas Underground Facilities Damage Prevention Act. The Contractor shall abide by the most current edition of this Act. Underground utilities exist within and adjacent to the limits of construction. An attempt has been made to locate these utilities on the plans. However, all existing utilities may not be shown and the actual locations of the utilities may vary from the locations shown. The Contractor shall be responsible for the protection of all existing utilities, structures, equipment, or improvements crossed by or adjacent to his construction operations. Where existing utilities, service lines, structures, equipment, etc. are cut, broken, or damaged, the Contractor shall replace or repair immediately these items with the same type of original material and construction or better, at his own expense to the satisfaction of the Owner and the Engineer. After damage discovery, the Contractor shall immediately coordinate with the Owner and the Engineer on the complete repair and/or replacement work required. Following written notice of work required, the Contractor shall expeditiously begin and finish this work with all labor and materials required. All repair and/or replacement work, labor, and materials shall be supplied and installed by the Contractor. If the Contractor fails to promptly perform the repair work and correct all deficiencies, the Owner shall have the option of remedying the defects and any expenses incurred by the C-03 LEGAL HOLIDAYS May); Juneteenth (June 19); Independence Day (July 4); Labor Day (1st Monday in September); Columbus Day (2nd Monday in October); Thanksgiving Day (4th Thursday in November); Day after Thanksgiving (Friday following Thanksgiving); Christmas Eve (December 24); and Christmas Day (December 25). If a holiday falls on a Saturday or Sunday, the observed day shall be the Friday preceding the Saturday or the Monday following the Sunday. No construction observation will be furnished on legal holidays or Sundays, except in an emergency. The Contractor shall observe these legal holidays and all Sundays, and no work shall be performed on these days except in an emergency. Calendar day contract time includes delays for all holidays. Refer to Section C-06 for more information. C-04 PROJECT CLEANUP From time to time, the Contractor shall clean up the site, including any work areas at the airport, in order that the site presents a neat appearance and the progress of the work not be impeded. One such period of clean up shall immediately precede final inspection. Immediately following acceptance of the work by the Owner, the Contractor shall remove all temporary plant, equipment, surplus materials, and debris resulting from his operations, and leave the site in a condition fully acceptable to the Owner. C-05 PROJECT MEETINGS AND COORDINATION A preconstruction conference will be called by the Engineer at a time convenient to the Owner and before the issuance of the "Notice to Proceed". The Engineer and the Contractor and such subcontractors as the Contractor may desire shall attend this meeting with the Owner. The Owner and/or Engineer will call such coordination conferences as may seem expedient to him for the purpose of assuring coordination of the work covered by this Contract. The Contractor shall attend all such conferences. This in no way relieves the Contractor of his responsibility to fully coordinate his work under this Contract. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-14 Garver Project No. 2500937 C-06 LIQUIDATED DAMAGES FOR DELAY Extensions of time for completion, under the condition of 3(a) next below, will be granted; extensions may be granted under other stated conditions: 1. If the satisfactory execution and completion of the Contract shall require work or material in greater amounts or quantities than those set forth in the Contract, then the Contract time shall be increased in the same proportion as the additional work bears to the original work contracted for. 2. An average or usual number of inclement weather days, when work cannot proceed, is to be anticipated during the construction period and is not to be considered as warranting extension of time. These include days with a mean temperature lower than 32° F and precipitation are counted as two days. The days included in the contract time for Normal Weather-Related Events and holidays are as follows: (On A Monthly Basis) Month Normal Weather- Related Events Holidays January 13 2 February 12 1 March 9 0 April 6 0 May 8 1 June 8 1 July 6 1 August 7 0 September 6 1 October 7 1 November 7 2 December 14 2 If, however, it appears that the Contractor is delayed by conditions of weather, outside of normal weather- related events detailed in the proceeding table, extensions of time may be granted. 3. Should the work under the Contract be delayed by other causes which could not have been prevented or contemplated by the Contractor, and which are beyond the Contractor's power to prevent or remedy, an extension of time may be granted. Such causes of delay shall include but not necessarily be limited to the following: a. Acts of God, acts of the public enemy, acts of the Owner except as provided in these Specifications, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. b. Any delays of Subcontractors or suppliers occasioned by any of the causes specified above. The Engineer or other authorized representative of the Owner shall keep a written record sufficient for determination as to the inclusion of that day in the computation of Contract time. This record shall be available for examination by the Contractor during normal hours of work as soon as feasible after the first of each construction month. In case of disagreement between the representative of the Owner and the Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-15 Garver Project No. 2500937 Contractor, as to the classification of any day, the matter shall be referred to the Owner whose decision shall be final. If the Contractor finds it impossible for reasons beyond his control to complete the work within the Contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the Contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may recommend to the Owner that the contract time be extended as conditions justify. If the Owner extends the contract, the extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. The amount of all extensions of time for whatever reason granted shall be determined by the Owner. In general, only actual and not hypothetical days of delay will be considered. The Owner shall have authority to grant additional extensions of time as the Owner may deem justifiable. C-07 CARE OF WORK The Contractor shall avoid damage, as a result of his operations, to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, equipment, etc., and he shall at his own expense completely repair any damage thereto caused by his operations, to the satisfaction of the Owner and Engineer. After damage discovery, the Contractor shall immediately coordinate with the Owner and the Engineer on the complete repair and/or replacement work required. Following written notice of work required, the Contractor shall expeditiously begin and finish this work with all labor and materials required. All repair and/or replacement work, labor, and materials shall be supplied and installed by the Contractor. If the Contractor fails to promptly perform the repair work and correct all deficiencies, the Owner shall have the option of remedying the defects and any expenses incurred by the Owner shall be withheld from C-08 QUALITY ASSURANCE/MATERIALS TESTING The Owner shall be responsible for quality assurance testing as stated in theses specifications; however, the Contractor shall be responsible for payment of any subsequent tests made necessary by previous ality assurance representative shall conduct the additional The Contractor C-09 RECORD DOCUMENTS The Contractor shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, Shop Drawings and samples at the site, in good order, and annotated to show all changes made during the construction process. In addition, the Contractor shall note any differences between locations of underground existing facilities shown in the plans and the actual location located during construction. These record documents shall be available to the Engineer for examination and shall be delivered to the Engineer upon completion of the work. C-10 CONTRACTOR/SUBCONTRACTOR/SUPPLIER LEGAL DISPUTES Any fees, expenses, charges, fines or other costs borne by the Owner as a result of legal disputes or lawsuits between the contractor and his subcontractors, or between the contractor and his suppliers, shall be deducted from monies due or which may thereafter become due the contractor. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-16 Garver Project No. 2500937 C-11 GENERAL GUARANTY Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the improvements embraced in this contract by the Owner or the public shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting there, which shall appear within a period of 12 months from the date of final acceptance of the work. The Contractor will be responsible for all costs associated with construction observation and oversight for the repair work. The Owner will give notice of defective materials and work with reasonable promptness. In the event repair work is required, the Contractor shall remedy any defects and pay for any damage to other work resulting there, which shall appear within a period of 12 months from the date of the acceptance of the repair work. C-12 At the project's completion, the Contractor shall execute the attached Release and Lien Waiver to release all claims against the Owner arising under and by virtue of his Contract. The date of the Release shall be that agreed to for the final acceptance of the project with the Owner. C-13 SUBMITTALS The Contractor shall prepare and submit information required by the individual Specification sections sufficiently in advance of the related work to allow an appropriate review time by the Engineer. The types of submittals are indicated in the individual Specification sections. During the preconstruction conference, the Contractor shall review his submittal schedule and procedures. The Contractor shall provide one of the following submittal package types: 1. established for this project. Electronic submittals shall be in Adobe Acrobat (*.PDF) format and shall be legible when printed. Submittals shall be neat, organized, and easy to interpret. Assemble complete submittal package into a single indexed electronic file, incorporating submittal requirements of an individual Specification section, the transmittal form with unique submittal numbering system, and electronic links or tabs enabling navigation to each item. Unless approved otherwise by the Engineer, all submittals for the individual Specification section shall be submitted at one time. Submittals must come directly from the Prime Contractor; submittals from subcontractors or suppliers will not be reviewed. Incomplete submittals are unacceptable, will be considered nonresponsive, and will be returned for resubmittal without review. Faxed submittals or submittals with extremely small or otherwise unreadable print will not be accepted. Submittals not required by the Contract Documents will be returned by the Engineer without action. The Contractor shall be responsible for payment of any subsequent submittal reviews beyond the second representative shall conduct the submittal review and payment for the submittal review shall be directly The Contractor shall retain complete copies of submittals on project site. Use only final submittals that are ittal review stamp with comments form. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-17 Garver Project No. 2500937 Resubmittals shall continue the unique, sequential, submittal numbering system. Resubmittals without unique numbering, example resubmittals transmitted as 005A or 005REV, are unacceptable and will be returned un-reviewed. END OF SPECIAL PROVISIONS Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-18 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-19 Garver Project No. 2500937 RELEASE OF LIEN FROM: Contractor's Name: ______________________________________________________________ Address: ______________________________________________________________________ TO: Owner's Name: __________________________________________________________________ Address: ______________________________________________________________________ DATE OF CONTRACT: _____________________ Upon receipt of the final payment and in consideration of that amount, the undersigned does hereby release the Owner and its agents from any and all claims arising under or by virtue of this Contract or modification thereof occurring from the undersigned's performance in connection with the _____________________________________________________________________________________ project. Contractor's Signature: __________________________________ Title: ________________________________________________ Subscribed and sworn to before me this day of , 20 . _________________________________________ Notary Public My Commission Expires: ________________________ Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-20 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-21 Garver Project No. 2500937 CONTRACTOR'S AFFIDAVIT FROM: Contractor's Name: ______________________________________________________________ Address: ______________________________________________________________________ TO: Owner's Name: __________________________________________________________________ Address: ______________________________________________________________________ DATE OF CONTRACT: _____________________ I hereby certify that all claims for material, labor, and supplies entered into contingent and incident to the construction or used in the course of the performance of the work on the _____________________________________________________________________________________ project have been fully satisfied. Contractor's Signature: __________________________________ Title: ________________________________________________ Subscribed and sworn to before me this day of , 20 . ______________________________________________ Notary Public My Commission Expires: _____________________________ The Surety Company consents to the release of the retained percentage on this project with the understanding that should any unforeseen contingencies arise having a right of action on the bond that the Surety Company will not waive liability through the consent to the release of the retained percentage. Dated: ________________________ Surety Company: ______________________________________ By: _________________________________________________ Resident Agent, State of Arkansas Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid 00 73 00-22 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid SS-100-1 Garver Project No. 2500937 ITEM SS-100 CONSTRUCTION SAFETY AND PHASING PLAN (CSPP) DESCRIPTION 100-1.1 This item includes notes in reference to construction safety and phasing for the project. This item shall be used in conjunction with all Construction Safety Drawings and Construction Safety and Phasing Notes in the plans. CONSTRUCTION SAFETY AND PHASING NOTES 100-2.1 Coordination. a. Contractor Progress Meetings - The Owner, Engineer, and Contractor will hold progress meetings on a coordinated schedule during construction. Operational safety will be a standing agenda item in such meetings. b. Scope or Schedule Changes - The Owner and/or Engineer will call such coordination conferences as may seem expedient to him for the purpose of assuring coordination of the work covered by this contract and/or scope or schedule changes. The Contractor shall attend all such conferences. Changes in the scope or duration of the project may necessitate revisions to the CSPP and review and approval by the airport operator and the FAA. 100-2.2 Phasing. During performance of this project, the airport runways, taxiways, and aircraft parking aprons shall remain in use by aircraft to the maximum extent possible. The project is phased to reduce operational impacts at the airport. a. Phase Elements If necessary for each phase, the construction safety drawings detail the areas closed to aircraft operations, estimated duration of closures, taxi routes, ARFF access routes, construction staging areas, construction access and haul routes, NAVAID impacts, lighting and marking changes, available runway length, declared distances, hazard marking and lighting, and required lead time for NOTAMS. b. Construction Safety Drawings See sheets GC series plans of the construction plans for construction safety drawings. 100-2.3 Areas of operations affected by construction activity. a. Identification of Affected Areas See Sheet GC001 in the plans for areas affected by construction for each phase. b. Mitigation Efforts - See the table above and the construction safety drawings for mitigation efforts of operations affected by construction. 100-2.4 Protection of navigation aids (NAVAIDs). The Contractor must not conduct any construction activity within navigational aid restricted areas without prior approval from the local FAA Airway Facilities Sector representative. Navigational aids include instrument landing system components, very high- frequency omni-directional range stations, and airport surveillance radar. Such restricted areas are depicted on the construction safety drawings. 100-2.5 Contractor access. a. Location of Stockpiled Materials - No personal vehicles of contractor's employees will be allowed inside the secured area of the airport beyond the staging area. All material deliveries shall be received in Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid SS-100-2 Garver Project No. 2500937 the staging area reserved by the contractor. No delivery trucks will be allowed access to a secured area of the airport beyond this staging area. Stockpiled materials and equipment are not permitted within the active runway safety area and obstacle free zone. The contractor shall receive approval from the Engineer and FAA air spacing office prior to locating stockpiles or equipment within the object free area, safety area, or obstacle free zone. No stockpile shall be greater than 15-ft in height. b. Vehicle and Pedestrian Operations - See the construction safety drawings for construction site parking, equipment storage areas, and access and haul routes. Vehicular traffic shall always yield to aircraft traffic. When any vehicle, other than one that has prior approval from the airport operator, must travel over any portion of an aircraft movement area, it will be escorted and properly identified. To operate in those areas during daylight hours, the vehicle must have a flag or beacon attached to it. Any vehicle operating on the movement areas during hours of darkness or reduced visibility must be equipped with a flashing dome- type light, the color of which is in accordance with local or state codes. All construction vehicles shall be clearly identified for control purposes by prominently displaying the company name on each side of the vehicle. The identification symbols should be a minimum 8-inch block- type characters of a contrasting color and easy to read. They may be applied either by using tape or a water-soluble paint to facilitate removal. Magnetic signs are also acceptable. In addition, vehicles must display identification media. At 14 CFR Part 139 certified and towered airports, all vehicle operators having access to the movement area must be familiar with airport procedures for the operation of ground vehicles and the consequences of noncompliance or be escorted by someone who is. c. Airport Security - Personnel entering the secured area must be in possession of and display a valid airport identification badge at all times or must be escorted by a person with a valid airport identification badge. If a temporary badge is issued by the airport, construction personnel shall be in possession of photo identification at all times. Any person who is escorting individuals must be in direct control of the escorted individuals at all times. Any person who has been issued a badge, but is not in possession of the badge, may not enter the secured area of the airport. Airport identification badges may be obtained at the location during regular scheduled times for issuance of badges. There is a $10.00 charge for issuance of the badge. Any badges that are lost will be subject to a $10.00 charge and all badges must be returned to the airport upon completion of the project unless directed otherwise by the airport. Any fine, including any and all associated costs, assessed the airport for failure to maintain security of the airport which are a result of the negligence of the prime contractor, any of his subcontractors, or any supply/delivery personnel, will be assessed to the prime contractor and shall be deducted from any monies due him. d. Two-Way Radio Communications - Vehicular traffic located in or crossing an active movement area must have a working two-way radio in contact with the control tower or be escorted by a person in radio contact with the tower. The driver, through personal observation, should confirm that no aircraft is approaching the vehicle position. Construction personnel may operate in a movement area without two- way radio communication provided a NOTAM is issued closing the area and the area is properly marked to prevent incursions. Two-way radio communications are required between Contractor personnel and the Airport Traffic Control Tower (UNICOM/CTAF Frequency 128.00 between the hours of 0600 and 2200. The Contractor is required to monitor the common traffic advisory frequency (CTAF) while the airport traffic control tower is closed (CTAF Frequency: 128.00) between the hours of 2200 and 0600. e. Control of Gates - The Contractor shall be responsible for maintaining the security of the access gates by keeping the access gate locked or guarded at all times. Should the Contractor fail, at any time, to keep the access gate locked or guarded, there shall be a fine of $200.00 assessed to the Contractor, for each occurrence that the Contractor fails to maintain the security of the access gate. All fines Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid SS-100-3 Garver Project No. 2500937 assessed to the Contractor shall be deducted from any monies due to him/her. 100-2.6 Wildlife management. The Contractor shall also review AC 150/5200-33, hazardous wildlife attractants on or near airports, and CertAlert 98-05, grasses attractive to hazardous wildlife (www.faa.gov). The Contractor shall carefully control and continuously remove waste or loose materials that might attract wildlife. Contractor personnel must be aware of and avoid construction activities that can create wildlife hazards on airports. The contractor shall mitigate the following items. a. Trash - The Contractor shall perform trash clean-up on a daily basis. b. Standing Water - The Contractor provide temporary drainage during construction to avoid standing water. c. Tall Grass and Seeds - The Contractor shall adhere to the requirements of Section T-901, Seeding of the contract documents and specifications. d. Poorly Maintained Fencing and Gates - The Contractor shall immediately report any damage to gates or fences. The Contractor will be responsible for repairs to any gates or fences caused by negligence by the Contractor. e. Disruption of Existing Wildlife Habitat - The Contractor shall notify the airport immediately of any wildlife sightings. 100-2.7 Foreign object debris (FOD) management. The Contractor shall ensure that the pavement surfaces in the active movement area are kept clean from dirt, mud, and other debris from the Contractor's equipment. Frequent clean up in the vicinity of Contractor's work areas is required. The Contractor shall require vehicle operators to check tires prior to traversing active airfield pavement. Any material tracked onto an active airfield pavement by construction equipment shall be immediately removed. See AC 150/1510-24, foreign object debris (FOD) management (www.faa.gov) for further instruction. 100-2.8 Hazardous materials (HAZMAT) management. If any construction vehicle or equipment is operated within airport property, the Contractor must be adequately prepared to expeditiously contain and clean-up spills resulting from fuel or hydraulic fluid leaks. Special care must also be taken when handling or transporting hazardous materials on airport property. The contractor shall notify the Engineer immediately after any hazardous material spill. Management of hazardous wastes must strictly follow the most current stringent Federal, State and local regulations governing treatment, storage, and disposal. See AC 150/5320-15, management of airport industrial waste (www.faa.gov), for further instruction. 100-2.9 Notification of construction activities. a. Notices to Air Missions (NOTAM) - Before beginning any construction activity, the Contractor must, through the airport operator, give notice using the NOTAM system of proposed location, time, and date of commencement of construction. Upon completion of work and return of all such areas to standard conditions, the Contractor must, through the airport operator, verify the cancellation of all notices issued via the NOTAM system. b. Emergency Notification Procedures - In the event of an emergency, the Contractor shall call 911 and immediately notify the Engineer and airport staff. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid SS-100-4 Garver Project No. 2500937 c. Coordination with ARFF personnel - Any deactivation of water lines or hydrants, rerouting of access routes, or use of hazardous materials on the airfield shall be coordinated and approved by the airport's ARFF personnel prior to execution of such activities. d. Notification to the FAA - The Contractor shall ensure, through the Engineer, that all construction equipment over 15-ft in height is air spaced through the appropriate FAA regional or district office prior to using such equipment on site. e. Shutdown of any FAA owned NAVAID shall be coordinated with the FAA ATO 45 days prior to the proposed shutdown. The Contractor shall provide an additional seven days advance notice to the airport to coordinate with the FAA ATO Tech Ops office responsible for the FAA facilities. Shutdown of an Airport owned and FAA maintained NAVAID of 24 hours or greater, or more than 4 hours daily on consecutive days, shall be coordinated with the FAA ATO a minimum of 45 days prior to the shutdown. 100-2.10 Inspection requirements. a. Daily Inspections The Contractor shall perform daily safety inspections to verify all construction operations are in conformance with the CSPP. b. Interim Inspections Prior to opening any portion of the airport to traffic, the Contractor, Engineer, and airport operator shall perform a safety inspection of the area to be opened to traffic to verify conformance with the CSPP and FAA standards c. Final Inspections At the completion of the project, the Contractor, Engineer, airport operator, and, if necessary, FAA shall perform a final safety inspection to verify conformance with the plans and specifications. 100-2.11 Underground utilities. Underground utilities exist within and adjacent to the limits of construction. An attempt has been made to locate these utilities on the plans. However, all existing utilities may not be shown and the actual locations of the utilities may vary from the locations shown. Prior to beginning any type of excavation, the contractor shall contact the utilities involved and make arrangements for the location of the utilities on the ground. The contractor shall maintain the utility location markings until they are no longer necessary. Arkansas state law, the underground facilities damage prevention act, requires two working days advance notification through the one-call system center before excavating using mechanized equipment or explosives (except in the case of an emergency). The one-call system phone number is 1-800-482-8998. The contractor is advised that there is a severe penalty for not making this call. Not all utility companies are members of the Arkansas one-call system; therefore, the contractor is advised to contact all non- member utilities as well as the one-call system. 100-2.12 Penalties. Failure of the Contractor (including employees) or any of his subcontractors (including employees) to comply with ATCT instructions, or any of the other requirements of the airport while operating on airport property, shall be subject to the following: a. First Offense Written warning. b. Second Offense The Contractor shall receive a fine of $1,000.00, and the vehicle operator will receive a loss of driving privileges on the airport. In addition, any fines or penalties imposed on the airport as a result of the incident will be assessed to the Contractor. c. Third Offense Work will be suspended. The Contractor (including employees) and any of his subcontractors (including employees) who will operate ground vehicles on the airport shall successfully complete, for a second time, formalized airport safety training, to be conducted by airport staff. When the contractor's employees have completed airport safety training to the satisfaction of the owner, work may Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid SS-100-5 Garver Project No. 2500937 continue at the discretion of the Owner. 100-2.13 Special conditions. None Noted. 100-2.14 Runway and taxiway visual aids. a. General - All airport markings, lighting, signs, and visual NAVAIDs that are in operation must be clear from all obstructions. All temporary markings, signs, lights, or other visual aids must be secured in place to prevent damage or displacement by prop wash, jet blast, wing vortices, or other wind currents. b. Markings - All temporary or permanent runway and taxiway visual aids shall conform to the requirements of the most recent edition of FAA AC 150/5340-1 (www.faa.gov). Markings for this project include the following: i. Temporarily Closed Taxiways The Contractor shall be responsible for furnishing, installing, and maintaining taxiway closure markers at the entrance to the closed taxiway from the adjacent runway. The taxiway closure markers shall be installed inside the runway safety area. The contractor shall also furnish and install low profile barricades at the entrance to the closed taxiway from an adjacent taxiway. Barricades shall be installed outside all active taxiway safety areas. See details on construction safety drawings for closed taxiway marker and low-profile aircraft barricade details. c. Lighting and Visual Aids All temporary lighting for runway and taxiway systems shall conform to the requirements of the most recent edition of FAA AC 150/5340-30 and 150/5345-50 (www.faa.gov). The contractor shall be responsible for disconnecting isolation transformers associated with any runway or taxiway light fixtures that are being disconnected. All construction, alteration, or removal of FAA owned equipment shall be in accordance with the requirements set forth in the approved FAA reimbursable agreement. No work shall be completed on FAA owned equipment prior to completion of the FAA reimbursable agreement. d. Existing Signs - Any sign that is not performing its normal function must be covered or removed to prevent misleading pilots, with the exception of runway holding position signs which shall remain operational if the area is still open to access to vehicular traffic. 100-2.15 Marking and signs for access routes. The contractor shall be responsible for supplying and installing all necessary markings and signage for all access routes to and from the site to be used by contractor personnel, subcontractor personnel, or delivery operations. All signage in the air operations area shall be frangible mounted. 100-2.16 Hazard marking and lighting. a. Purpose - Hazard marking and lighting prevents pilots from entering areas closed to aircraft and prevents contractor personnel from entering areas open to aircraft. b. Equipment - The contractor shall furnish, install, and maintain low-profile barricades in hazardous areas inside movement areas. Barricades shall restrict access and make hazards obvious to aircraft, personnel, and vehicles. During periods of low visibility and at night, barricades shall be equipped with red flashing or steady burning lights. The spacing of barricades shall be such that a breach is physically prevented barring a deliberate act. If barricades are intended to prevent pedestrians, then they shall be linked. See details on construction safety drawings for low-profile aircraft barricade detail. 100-2.17 Work zone lighting for nighttime construction. All work conducted at night shall be accompanied by adequate light facilities to complete the work. All light facilities shall be aimed or shielded Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid SS-100-6 Garver Project No. 2500937 as necessary to avoid impacting aircraft or ATCT operations. The Contractor shall be required to submit a lighting plan showing the location and aiming direction of all light facilities prior to the completion of any night work. 100-2.18 Protection of safety areas, object free areas, object free zones, and approach/departure surfaces. a. Runway Safety Areas (RSA) - No work shall be permitted within an active RSA. If required, adjustments to the RSA dimensions through restricted operations shall be coordinated with the FAA airports regional or district office prior to construction. The Contractor shall ensure adequate distance protection for blast projection, as needed. All open trenches or excavations within the limits of the RSA shall be back filled or covered prior to opening the runway to operations. In addition, erosion control measures shall be provided in the RSA to prevent ruts, humps, or depressions inside the limits of the RSA. b. Runway object free areas (ROFA) - No material shall be stockpiled inside the limits of the active ROFA unless approved by air spacing through the appropriate FAA airports regional or district office. c. Taxiway safety areas (TSA) - No work shall be permitted within an active TSA. If required, adjustments to the taxiway TSA dimensions through restricted operations shall be coordinated with the FAA airports regional or district office prior to construction. All open trenches or excavations within the limits of the TSA shall be back filled or covered prior to opening the taxiway to operations, with the exception of straight segments meeting the requirements of FAA AC 150/5370-2. In addition, erosion control measures shall be provided in the TSA to prevent ruts, humps, or depressions inside the limits of the TSA. d. Taxiway Object Free Areas (TOFA) - No construction shall be permitted inside an active TOFA unless the taxiway has been restricted to operations requiring a TOFA equal to that of the TOFA available. If required, construction may be permitted inside the TOFA if the taxiway centerline markings are offset with centerline reflectors or lighting, or appropriate NOTAMs are issued. Construction may also be permitted inside the TOFA if a five foot wing tip clearance is maintained for all construction equipment and vehicles. In this scenario, flaggers and wing walkers must be used to direct traffic through the construction site. e. Obstacle Free Zone (OFZ) - No personnel, material, or equipment shall penetrate the OFZ while the runway is open to operations. The dimensions of the OFZ are as defined in FAA AC 150/5300-13 (www.faa.gov). f. Approach/Departure Surfaces - All contractor personnel, materials, and equipment shall remain clear of the applicable threshold siting surfaces as defined in Chapter 3 of FAA AC 150/5300-13 (www.faa.gov). Construction activities that require penetration into the threshold siting surface shall be accomplish through displacing or partially closing the runway. Such construction activities shall require coordination with the FAA airports regional or district office. 100-2.19 Other limitations on construction. a. Prohibitions - The use of tall equipment (i.e. cranes, concrete pumps) shall not be permitted unless approved by the engineer and proper coordination for FAA aeronautical study is completed. The submittal for this coordination shall take place at least 45 days prior to anticipated use. Open flame welding and torch cutting operations are not permitted unless adequate fire safety precautions are provided and these operations are authorized by the airport operator and the engineer. Electrical blasting caps shall not be permitted within 1,000-ft of the airport property. Flare pots are not permitted within the air operations area. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid SS-100-7 Garver Project No. 2500937 MEASUREMENT AND PAYMENT 100-3.1 Adherence to the requirements of the CSPP will not be measured for separate payment. END OF ITEM SS-100 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid SS-100-8 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid SS-120-1 Garver Project No. 2500937 ITEM SS-120 CONSTRUCTION SAFETY AND SECURITY DESCRIPTION 120-1.1 This item covers safety and security for construction of the proposed improvements. The attention of the bidder is directed to the necessity for careful examination of the entire project site to determine, at the time of bid preparation, the full extent of work to be done under the item "Construction Safety and Security." The item "Construction Safety and Security" includes: 1. Low Profile Barricades 2. Taxiway Closure Markers 3. Airport Security Requirements 4. Airport Safety Requirements CONSTRUCTION METHODS 120-2.1 Low profile barricades. The Contractor must furnish, install, maintain, and remove low profile barricades in accordance with details on the plans and as directed by the Engineer. The low profile barricades must be constructed and installed as shown on the plans. All low profile barricades must be constructed in accordance with AC 150/5370-2G Operational Safety on Airports During Construction. 120-2.2 Taxiway closure markers. The Contractor must furnish, install, maintain, and remove taxiway closure markers in accordance with details on the plans and as directed by the Engineer. The taxiway closure markers must be aviation yellow, nylon-reinforced vinyl as required by the plans. The markers must be secured to the pavement/ground as shown on the plans and as directed by the Engineer. All taxiway closure markers must be constructed in accordance with AC 150/5370-2G Operational Safety on Airports During Construction. Airport security requirements. The Contractor must abide by the Airport Security requirements that are outlined in the Construction Safety and Phasing Plan (CSPP). Any costs associated with the Airport Security requirements will not be measured for separate payment but will be considered subsidiary to the bid item 120-2.3 Airport safety requirements. The Contractor must abide by the Airport Safety requirements that are outlined in the Construction Safety and Phasing Plan (CSPP). Any costs associated with the Airport Safety requirements will not be measured for separate payment but will be considered subsidiary to the bid item Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid SS-120-2 Garver Project No. 2500937 METHOD OF MEASUREMENT 120-3.1 Construction safety and security will be measured as a lump sum complete item. BASIS OF PAYMENT 120-4.1 Periodic payments will be made under this item in proportion to the amount of work accomplished, as determined by the Engineer. Payment is full compensation for furnishing all materials, installation, removal, maintenance, labor, equipment, tools, and incidentals required to complete the item. Payment will be made under: Item SS-120-3.1 Construction Safety and Security - per Lump Sum END OF ITEM SS-120 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid SS-407-1 Garver Project No. 2500937 ITEM SS-407 ASPHALT SURFACE COURSE (ARDOT) DESCRIPTION 407-1.1 This section covers construction of the Asphalt Concrete Hot Mix Surface Course in accordance with the lines, grades, thicknesses, and typical sections shown in the Plans, or as directed by the Engineer. STANDARDS 407-2.1 Surface Course. Materials, equipment, and construction methods for ASPHALT CONCRETE HOT MIX SURFACE COURSE shall be in accordance with SECTIONS 401, 404, 407, 409, AND 410 of the Standard Specifications , except as modified or augmented herein. The asphalt binder shall be PG 70-22. The asphalt shall be a 1/2-in. mix. CONSTRUCTION METHODS 407-3.1 The Design and Quality Control of Asphalt Mixtures shall be in accordance with SECTION 404 of the Standard Specifications , except as modified herein. 407-3.2 Standard Specification Modifications and Augmentations: 1. SECTION 404.01(b) Design Requirements: The number of design gyrations (N MAX) shall be 115 or 160. 2. SECTION 410.09(a) General: Samples for all properties except density, thickness, and the investigation of segregation shall be obtained from trucks at the plant. The testing agency shall clearly mark the load ticket of each sampled truck to indicate that the load has been sampled. 3. SECTION 410.10 Incentives: Delete entirely. METHOD OF MEASUREMENT 407-4.1 Asphalt Surface Course (ARDOT) completed under this item shall not be measured for separate payment. BASIS OF PAYMENT 407-5.1 Asphalt Surface Course (ARDOT) completed under this item shall not be paid for separately but shall be considered subsidiary to Item P-101 Preparation and Removal of Existing Pavements. END OF ITEM SS-407 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Fayetteville Drake Field (FYV) Pavement Crack Repair Issued for Bid SS-407-2 Garver Project No. 2500937 PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33