Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
154-98 RESOLUTION
• • • • 4 RESOLUTION NO 154-98 A RESOLUTION AWARDING BID NO. 98-89 IN THE AMOUNT OF $44,631, PLUS A CONTINGENCY AMOUNT OF $2,500 TO TIME STRIPING, INC. FOR THE RESTRIPING OF THE RUNWAY AND TAXIWAYS AT DRAKE FIELD, FAYETTEVILLE MUNICIPAL AIRPORT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards Bid No. 98-89 m the amount of $44,631, plus a contingency amount of $2,500 to Time Striping, Inc. for the restnpmg of the runway and taxiways at Drake Field, Fayetteville Municipal Airport; and authorizes the Mayor and City Clerk to execute a contract for said amount. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this _LPL day of November , 1998. ATTEST: B APPROVED: By. Heather Woodruff, City Clerk fFrBd Hanna, Mayor i m 0 0 0 0 0 a a v a a O O O O O Is NA la z n s 2 AEI 031311tl30 i • O 9 c SOle JO NOLLVInays BIOOEfl: Aflt)iE.5: pq> }Q Fri _ > CS § r7S = ppp>. O E 4_ Yq ' qC>, 0 ,�p p > ,gyp Rm rT� > Rm R rT� Yri > © i) ' > 'y Yn R0 ri `� I 0 �z(� �I Q •ik• nm N• n- NCS nm Nti n- NaC> ^ n,y,, 0�1 1 n= Na -• nm g^ ny Oa -• nymy N•� n N -• nm (ma O('f 41 1 nm VIrl n- N 01 - nm 4. n- Ob �.I 't 1 - 4 c k _y 11. 1 Nit 0 O 1 Iii a T O m M 1 N. L 1 t1 Ic --_, % O 9 c SOle JO NOLLVInays • CONTRACT This contract executed this /7 day of 4pe»,$an , 1998, between the City of Fayetteville, Arkansas, hereinafter called the City, and Time Striping, Inc., hereinafter called the Contractor, and having an address at PO Box 1236, Van Buren, AR 72957. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Contractor at his own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per bid 98-89 as stated in CONTRACTOR'S PROPOSAL, and in accordance with specifications attached hereto and made a part hereof under Bid #98-89, all included herein as if spelled out word for word. 2 The City shall pay the Contractor based on prices indicated in Contractor's Proposal. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. Contract amount will not exceed $44,631.00. 3 The Contract documents which comprise the contract between the City and the Contractor consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 98-89 with the specifications and conditions typed thereon. B. The Contractor's proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City and the Contractor and may be modified only by a duly executed written instrument signed by the City and the Contractor. 5. Contractor shall not assign his duties under the terms of this agreement. 6. Contractor agrees to hold the City harmless and indemnify the City, against any and all claims for property damage, personal injury or death, arising from Contractor's performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7 The Contractor shall furnish a certificate of insurance addressed to the Owner, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, the Contractor shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $250,000 for each person injured. $500,000 for each accident. Property Damage Liability $100,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by the Contractor. 8. If contract exceeds $20,000, Contractor agrees to furnish a Performance Bond, approved by the City, guaranteeing the performance of this contract, for not less than one hundred percent of the amount of this contract. Said performance bond shall be conditioned on full and complete performance of this contract and acceptance by the City of Fayetteville for the payment of all labor and materials entering into or incident to the proposed improvements. The Contractor agrees to furnish proof of licensure as required under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. 9. - actor agrees to begin work within ten (10) days of n. to procee: _ - omplete the work within 3, -- -n•ar days'v-2 thereafter. Liquida -• =-„-•e . ss per day shall be c,41 beginnassessed at the o sof the of as a penalty, in first day following the comp ime to additional costs. 10. All work called for herein shall be coordinated directly with the Airport Manager or his designate at 521-4150. • • 11. This contract may be terminated by the City with 10 days written notice. 12. Contractor shall be responsible for meeting compliance with ADA regulations. WITNESS OUR HANDS THIS ATTEST: CITY CLERK X� ATTEST: CO ANY SECRETARY 17 DAY OF ,67/4166 , 1998. CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS BY /d4144 MAYOR FIRMLVA AME BY lal.dzeeg Z 2Cak21 .?ate 8,esid(e,u1'NAME AND TITLE Pl28ox 10236 VAN` ell, A r 72- 95o BUSINESS ADDRESS • INVITATION TO BID BID # 98-89 DATE October ISSUED: 9, 1998 DATE AND TIME OF OPENING. October 27, 1998, at 10:00 a.m. BUYER Crty of Fayetteville, AR DATE As scheduled REQUIRED: by Project Manager F. 0. Fayetteville, B AR BUYER'S PHONE # (501) 575-8289 GUARANTEED 60 PerysAA,, ,op-k,eT, DELIVERY DATE: IprrerIJ - ITEM # DESCRIPTION QUANTITY UNIT PRICE TOTAL PER ATTACHED SPECIFICATIONS: 1 Runway Pavement Markings 1 ti 30 7 I-2. QC,d 30,7/ 2, 2 Lump Sum Bid Taxiway pavement Markings 1 4711 Y 4 4. ab Wit °a 3 Lump Sum Bid Removal of approx. 990' of lead-in 990 ft # Z, - 4 -7S, " r. `17sTel) lines. Item 620-1.2 Bid Total: 1 gift 6 3/, co 4 Standby Time Per hour 1 Hour Items -t 1,2&3 Zoo. °b 200. ° 0 5 Deductive altemate Item 3., 620-1.2 990 ft. $ Z, 47S. 06 • Z,y-7s . 00 100% Bond $20,000 proceed 5% BID WITH CONTRACTOR'S 00172 Performance & Payment required on contracts of or more before notice to is given BOND REQUIRED BIDS SUBMITTED OVER $20,000. LICENSE# 17 b347 Project Don Manag Green -521 r: •750 Ext.6 Mandatory on. bids $20,000 or more. RESTRICTIONS OR EXCEPTIONS TO THE BID MUST BE NOTED: I " I Upon signing requirements conditions fumish these this Bid, the set forth in and pertinent articles at the bidder certifies this bid proposal, information prices stated. EXECUTION regarding that they including OF BID have read and agree specifications, the articles being bid to the terms and standard on, and agree to UNSIGNED BIDS WILL BE REJECTED NAME OF FIRM: T nn r S -{-r p r tel r, PHONE: FEDERAL ID# �+ 7V ' 0bb73 501-09-045 2 2_ BUSINESS P,A, Box , ADDRESS: (231 CITY AND STATE: VanBuren . A 2 ZIP: -72957 AU 0RIZED SI. ATURE: TITLE: DATE• • CITY OF FAYETTEVILLE BID# 98-89 AIRFIELD MARKINGS ADDENDUM #1, OCTOBER 15TH, 1998 Replace bid schedule with new bid schedule attached. A11 bidders shall acknowledge receipt and acceptance of Addendum No. 1 in the Proposal by submitting the signed Addenda #1 with Bid Package. Proposal submitted without acknowledgment or without this addendum will be considered informal. Bid opening will be at City Administration Building, 113 W. Mountain, Fayetteville, Arkansas, 72701, Purchasing Division, Third floor, Room 306. Receipt a2kngwledged and conditions agreed to this 116 day of It : , 1998, Company Name Signature ,.00T-21-98 WED 01 04 PM FAYETTEVILLE MUNC AIRPRT FAX N0. 501521.1735 P.02/02 • City of Fayetteville, AR Bid # 98-89 Airfield Markings Addendum #2, October 20, 1998 ITEM 620-2.2 REFLECTIVE MEDIA Glass spheres shall meet the requirements of Federal $pecifiications TT -B-1325 Type I—gradation A or Tyne III. All bidders shall acknowledge receipt and acceptance of Addendum No. 2 in the Proposal by submitting the signed Addenda #2 with the Bid Package. Proposals submitted without acknowledgment or without this addendum will be considered informal. Receipt acknowledged and conditions agreed to thi' day ofT 1998. 5 441‘ Company Name ignature • CITY OF FAYETTEVILLE BID# 98-89 AIRFIELD MARKINGS ADDENDUM #1, OCTOBER 15TH, 1998 Replace bid schedule with new bid schedule attached. All bidders shall acknowledge receipt and acceptance of Addendum No. 1 in the Proposal by submitting the signed Addenda #1 with Bid Package. Proposal submitted without acknowledgment or without this addendum will be considered informal. Bid opening will be at City Administration Building, 113 W. Mountain, Fayetteville, Arkansas, 72701, Purchasing Division, Third floor, Room 306. Receipt acknowledged and conditions agreed to this day of , 1998, Company Name Signature • INVITATION TO BID BID # 98 89 DATE October ISSUED: 9, 1998 DATE AND TIME October OF OPENING: 27, 1998, at 10:00 a.m. BUYER. City of Fayetteville, AR DATE REQUIRED: As scheduled by Project Manager F. O. Fayetteville, B. AR BUYER'S PHONE # (501) 575-8289 GUARANTEED DELIVERY DATE ITEM # DESCRIPTION QUANTITY UNIT PRICE TOTAL 1 2 3 4 5 PER ATTACHED Runway Lump Sum Taxiway Lump Sum Removal lines. Item Standby Deductive 100% Performance Bond required $20,000 proceed 5% BID WITH BIDS CONTRACTOR'S Pavement pavement of Time alternate or is BOND Bid Bid approx. 620-1.2 more given. SUBMITTED SPECIFICATIONS: Markings Markings 990' of lead-in Per hour Item 3., 620-1.2 & Payment on contracts of before notice to REQUIRED OVER $20,000. LICENSE# 990 1 Hour 990 1 1 ft ft. Bid Total: Items 1,2 & 3 Project Manager: Don Green -5214750 Ext.6 Mandatory RESTRICTIONS on BID bids $20,000 OR EXCEPTIONS MUST BE or more. NOTED: TO THE Upon requirements conditions, furnish signing this Bid, set forth and pertinent these articles the at in this the bidder information EXECUTION certifies that they bid proposal, including regarding the prices stated. OF BID have specifications, articles read and being agree to the terms and standard bid on, and agree to UNSIGNED BIDS WILL BE NAME OF FIRM: PHONE FEDERAL ID# BUSINESS ADDRESS. CITY AND STATE: ZIP. REJECTED AUTHORIZED SIGNATURE: TITLE: DATE. • • • • INVITATION TO BID BID # 98-89 DATE ISSUED: October 9, 1998 DATE AND October TIME OF OPENING: 27, 1998, at 10:00 a.m. BUYER° City of Fayetteville, AR DATE REQUIRED: As scheduled by Project Manager F. Fayetteville, O. B. AR BUYER'S (501) 575-8289 PHONE # GUARANTEED DELIVERY DATE ITEM # DESCRIPTION QUANTITYI UNIT PRICE TOTAL 1 2 3 PER Runway Lump ATTACHED Sum Performance required Manager visit 521-4750 BID BIDS Pavement pavement Time or is is BOND Don SPECIFICATIONS: Markings Bid Markings Per hour & Payment on contracts more before given to contact Green Extension REQUIRED SUBMITTED LICENSE# of notice to for 6 OVER $20,000. 1 1 1 Hour Taxiway Standby 100% Bond $20,000 proceed Project site at 5% WITH CONTRACTOR'S Bid Total: Mandatory RESTRICTIONS TO THE on BID bids $20,000 OR EXCEPTIONS MUST BE NOTED: or more. Upon requirements conditions furnish signing and these this set pertinent articles Bid, the forth at in this information the bidder certifies bid proposal, prices stated. EXECUTION regarding that they including the OF have specifications, articles BID read and being agree to terms bid on, and the and standard agree to UNSIGNED BIDS WILL BE NAME OF FIRM: PHONE: FEDERAL ID# BUSINESS ADDRESS* CITY AND STATE ZIP. REJECTED AUTHORIZED SIGNATURE. TITLE: DATE: .11 P-620 RUNWAY AND TAXIWAY PAINTING DESCRIPTION 620-1.1 This item shall consist of re -painting the runway and taxiway marking system (Exhibit 1) applied in accordance with these Specifications and as to the locations shown on the plans, or as directed by Airport Management. All Hold -Short lines will be outlined in black extending 6 inches beyond the lines. Re -marking of the Blast Pads is also required. New center lines will be added between the T -Hangars. 620-1.2 This item shall consist of removing approximately 990' of lead-in lines on the terminal ramp and a Taxiway Holding Position Marking on Taxiway D. Please include an estimate of the time required to perform each bid item. MATERIALS 620-2.1 PAINT. Paint shall meet the requirements of Federal Specification TT -P-85. 620-2.2 REFLECTIVE MEDIA. Glass spheres shall meet the requirements of Federal Specification TT -B-1325, Type III. CONSTRUCTION METHODS 620-3.1 WEATHER LIMITATIONS. The painting shall be performed only when the surface is dry, when the atmospheric temperature is above 45° F, and when the weather is not foggy or windy. 620-3.2 EQUIPMENT. All equipment for the work shall be approved by the Airport and shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine, and such auxiliary hand -painting equipment as may be necessary to satisfactorily complete the job. The mechanical marker shall be an atomizing spray -type marking machine suitable for application of traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall be designed so as to apply markings of uniform cross sections and clear-cut edges without running or spattering. 620-3.3 PREPARATION OF SURFACE. Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, latence, or other foreign material which would reduce the bond between the paint and the pavement. The area to be painted shall Section P-620 - 1 • • be cleaned by sweeping and blowing or by other methods as required to remove all dirt, latence, and loose materials. 620-3.4 LAYOUT OF MARKINGS. On those sections of pavement where no previously applied markings are available to serve as a guide, the proposed markings shall be laid out in advance of the paint application. 620-3.5 APPLICATION. Markings shall be applied at the locations and to the dimensions and spacing shown on the plans. Paint shall not be applied until the layout and condition of the surface have been approved by Airport Management. The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine at the rate of 110 to 140 square feet per gallon. The addition of thinner will not be permitted. The edges of the markings shall not vary from a straight line more than 1 inch in 50 feet, and the dimensions shall be within a tolerance of plus or minus 5 percent. Glass spheres shall be distributed to the surface of the marked areas immediately after application of the paint. A dispenser shall be used which is properly designed for attachment to the marking machine and suitable for dispensing glass spheres. The spheres shall be applied at the rate of 10 pounds per gallon. The Contractor shall furnish certified test reports for the materials shipped to the project. The reports shall not be interpreted as a basis for final acceptance. The Contractor shall notify the Airport upon arrival of a shipment of paint to the job site. All emptied containers shall be returned to the paint storage area for checking by Airport Management. The containers shall not be removed from the airport or destroyed until authorized by Airport Management. 620-3.6 PROTECTION. After application of the paint, all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from disfiguration by spatter, splashes, spillage, or drippings of paint. METHOD OF MEASUREMENT 620-4.1 The quantity of runway and taxiway markings to be paid for shall be the complete item in place performed in accordance with the specifications and accepted by Airport Management. BASIS OF PAYMENT Section P-620 - 2 • Payment shall be made at the contract lump sum for runway and taxiway striping. This price shall be full compensation for furnishing all materials and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Bid Item No. 1 Runway Pavement Marking (lump sum) Bid Item No. 2 Taxiway Pavement Marking (lump sum) END OF ITEM P-620 Section P-620 - 3 SPECIAL PROVISIONS GENERAL. The General Provisions presented hereinbefore are basically a presentation of FAA's standards. These SPECIAL PROVISIONS, where in conflict with the GENERAL PROVISIONS, shall supersede and take precedence over the GENERAL PROVISIONS. Otherwise, the GENERAL PROVISIONS shall govern the work to which they apply. naaceasunaa_onThEaQacas The work to be performed under this Project includes the furnishing of all equipment, materials, and incidental items, and performing all labor required to install in every detail airfield pavement markings. COORDINATION OF THE WORK. The work on this project consists of improvements to an airport in actual operation; therefore, the Contractor shall cooperate with the airport management to hold the "displaced runway threshold" to the minimum time required. The airport is to remain open during the construction of these improvements, and it is imperative that construction activities be carried on in such a manner that the safety of aircraft using the airport will not be impaired in any way. The Contractor's equipment will not be ooera d to r han 250 f of any runway centerline or 300' feet from the end of the existing runway unless under a "Displaced Threshold" or "Closed Runway" condition. Additional safety and construction requirements are listed hereinafter in these SPECIAL PROVISIONS under the sub -heading SAFETY REQUIREMENTS AND CONSTRUCTION PROCEDURES. In addition, the Contractors and/or Subcontractors must coordinate their activities so that one does not damage work previously completed by the other. SAFETY REOUIREMENTS AND CONSTRUCTION PROCEDURES "Safety Requirements on Airports During Agency Funded Construction Activity" (Order SW 5200.5). These safety requirements shall govern the construction process. Construction Activity and Aircraft Movements (a) Safety requirements for construction activity affecting aircraft movement areas have been coordinated with the airport owner (or operator) and representatives of the Airports District Office, Airports Certification Staff, General Aviation District Office, Air Carrier District Office, Air Transportation Security Field Office, Air Traffic Division (ASW -530), Airway Facilities Division (ASW -420), and Logistics Division (ASW -56) as appropriate Special Provisions - 1 1 for the particular location. As a result of this coordination, a work sequence intending a minimum of disruption to aircraft operations has been developed. The resulting restrictions imposed on the Contractor have been included as a part of the contract provisions. (b) During the time that the contractor is performing the work, the aprons, taxiways, and runway at the airport will remain in use by aircraft, to the maximum extent allowable. Aircraft operations, unless otherwise specified in the contract specifications, shall always have priority over any and all of the Contractor's operations. The Contractor shall not allow his employees, subcontractors, material suppliers or any other persons over whom he has control, to enter or remain upon any part of the airport which would be a hazardous location. Should the contractor be too close to the portion used by aircraft for safety, Airport Management may, at their sole discretion, order the contractor to suspend his operations, remove his personnel, plant, equipment, and materials to a safe distance and stand by until the runway and taxiways are no longer required for use by aircraft. Llmltatlnns on Construction The following restrictions shall normally pertain for activity at airports. In cases where it has been determined that the following restrictions are inappropriate, similar requirements shall be developed on a case-by-case basis. (a) When construction work is being accomplished adjacent to an active runway when visibility minimums are greater than or as low as one mile, equipment shall not be permitted within 250 feet from the runway centerline, or within 200 feet horizontally of any aircraft on an active runway. (b) When construction work is being accomplished adjacent to an active runway when visibility minimums are below one mile, equipment shall not be permitted within 250 feet from the runway centerline. © All work which is too close to the ends of the runway for accomplishment during condition (a) above, shall be performed during periods when the runway threshold is displaced or closed runway. (Ref. NOTAM requirements hereafter). Special Provisions - 2 (d) When construction is being accomplished adjacent to an active runway, equipment below the VFR 7:1 slope but penetrating the IFR 7:1 slope shall be obstruction -marked and lighted for night operations. (e) Men, equipment, or other construction material will be permitted in the approach or departure zones of active runways, provided that the construction activity is conducted below 20:1 approach plane originating 200 feet from end of runway. Any construction activity which is contemplated in the approach zones which would violate these planes will require consideration (threshold displacement, lighting, etc.) Threshold displacement where visibility minimums are 3/4 mile will be 200 feet from the intersection of the 20:1 slope. For visibility minimums of one mile or more, the threshold will be located where the 20:1 slope intersects the runway except that at least a 200 foot safety area will be required between the obstruction and the displaced threshold. (f) Men, equipment, or other construction related material will be permitted adjacent to an apron or other taxiway provided that such activity is first coordinated with the users and appropriate NOTAMS issued. Additionally, barricades with flashers for night operations will be required to mark the area to prevent aircraft from inadvertently entering the construction area. (g) Open trenches, excavation and stockpiled material will not be permitted within 250 feet of the centerline of the active runways at general aviation airports. Coverings for open trenches must be of such strength as to support the weight of the heaviest aircraft operating on the runway. (h) Flare pots will not be permitted for temporary lighting of pavement areas or to denote construction limits. (I) Construction equipment shall not exceed a height of 150 feet above the airport surface. Any equipment exceeding a height of 75 feet shall be obstruction -marked and lighted at night, and when not in use lowered to its stowed height. Special Provisions - 3 NOTAMS (a) Airport Management shall issue the necessary Notice to Airmen (NOTAMS) to reflect hazardous conditions during construction. The Contractor shall provide Airport Management with the necessary information as to the work schedule in advance so Airport Management may issue the NOTAMS. It is important that NOTAMS be kept current and reflect the actual conditions with respect to the construction situation. Active NOTAMS shall be reviewed periodically and revised to reflect the current conditions. (b) Inspections will be made frequently by Airport Management during critical phases of the work to insure that the Contractor is following the required safety procedures. Due to the nature of the proposed project the Contractor's work schedule and working hours shall be subject to several restrictions. In order to maintain the schedule of aircraft operations, a portion of the project must be constructed under "closed airport" conditions. In addition, upon completion of each day's work, the Contractor must restore the runway and taxiway safety areas to a condition meeting safety requirements. The runway and airport must be closed for the portion of the work including the markings on the runway and taxiway within the runway safety area; however, "Closed Runway" shall occur only during nighttime working hours defined below. The following sections contain additional information and requirements on the construction procedures. Construction Procedures. The proposed project is subject to several restrictions. In order to maintain air carrier and private aircraft operations at the airport, the project must be constructed in several phases. The closed runway time, shall be held to the minimum time required for the safety area work. (A) Work Requirements. The Contractors shall provide adequate portable lighting during nighttime hours to minimize shadows within the work area. The minimum light level at any point shall be one-half foot-candle. (5) Order of Work. The construction items have been grouped into phases and listed in an ordered sequence in the following tables. The purpose of this ordered sequence is to limit the disruption of aircraft operations and at the same time to minimize the required displaced threshold. This order of work is a suggested schedule, subject to variations; such variations can be approved by Airport Management. The Contractor is limited to one Special Provisions - 4 • work time up to 12 hours per day for night and day work or daytime work. Work by two or more shifts will not be permitted. Work Phase I Work Time Night II Day Order of Work Runway -Taxiway Limitations Closed Runway Work Items Runway and Taxiway Markings within the Runway Safety Area Closed Taxiway Remaining Taxiway Segments Markings © Closed Runway/Airport. The runway shall be closed at night in order to complete the pavement marking rehabilitation work within 250' of the runway centerline. The schedule for the closed runway periods have been established to minimize the effect upon flight operations. The Contractor shall begin the work on the first night the runway is closed. The runway shall remain closed each night as directed by Airport Management until the Contractor completes the improvements within 250 feet of the runway centerline. (1) Closed Runway Markings. The Airport Owner, and FAA shall turn off the runway lights, VASI, MALS, Beacon and Windcone lights. 2) Flight Operations Between 12:00 A M. and 5:15 A.M. Flight operations during the normal night working hours may occur due to scheduled airlines delayed after 12:00 A.M. (3) Suspension Time. Based on information affecting the operation of aircraft, and his conclusion that the possibility of work on that night will be remote, Airport Management shall notify the Contractor no later than 11:30 P.M. that work for that night is to be suspended. Upon receipt of such notification, the Contractor shall alert his personnel not to report for work on that night. (4) Standby Time. This condition occurs when Airport Management has not directed that the project be placed under suspension as provided in subparagraph © above, the conditions develop that work cannot begin at 12:15 A.M.. The factors controlling standby time are as follows: (a) The Contractor's reporting to work at 11:45 P.M. Special Provisions - 5 • • (b) Airport Management's notification to the Contractor at or prior to 12:00 A.M. that work cannot begin at 12:15 A.M.. O Airport Management's instruction to the Contractor to hold his personnel on standby because o f the possibility of working after 12:15 A.M.. Airport Management may repeat his instruction to continue on standby time at intervals of one (1) hour, or at longer intervals, as in his judgement is appropriate. Standby time shall occur, and be measured by, increments of one hour, The Contractor shall not be required to hold his personnel on standby basis later than 1:15 A.M. If the Contractor so selects, he may hold his personnel later than 12:15 A.M., but the time after 1:15 A.M. will not be included in the measurement o f standby time. Days involved in standby time will not be excluded from contract time, but shall be included in the count of consumed contract days. The Contractor will normally be placed on standby time if the last scheduled daily flight is delayed past 12:10 A.M. or if a charter flight is scheduled after 12:00 Midnight. (d) Measurement and Payment Standby time will be measured in increments of one whole hour and payments shall be made at the unit price bid under Bid Item No. 4 for: Standby Time, per hour. (e)Legal Holidays_.. No holiday, including Sunday, will be observed during night time (closed runway) work. Observation of legal holidays during the other Work Phases shall be at the discretion of the Contractor. (D) Closed Taxiway Time. The parallel and the connecting taxiways shall be closed in segments during the work on an as needed basis. Airport Management shall review the Contractor's schedule and make adjustments to minimize the effect of closed taxiway segments upon flight operations. The taxiway segments shall remain closed only during daily working hours unless construction activities require otherwise and so directed by the Airport Management. The Contractor shall proceed with the above work in an expedient manner so as to hold the closed taxiway time to a minimum. Special Provisions - 6 The Contractor shall provide barricades to close off the closed segments of the taxiways. The barricades shall be a maximum of 18 -inches high, shall be painted with reflective white and orange paint or striped with reflective white and orange striping, and shall have a minimum of one yellow light per barricade, the barricades shall be of such multiple length as to cover 50 percent of the taxiway, and placed so as to allow for the passage of fire, and rescue vehicles. The barricades shall be placed a minimum of 75 feet from the runway or as directed by Airport Management. The barricades shall remain the property of the Contractor upon completion of the work. No payment shall be made for the barricades, installation, maintenance or removal. (E) Clean-up. From time to time the Contractor shall clean up the construction site, 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. Following each work shift, the runway and taxiway shall be swept clean of all loose aggregate and other foreign matter. Clean-up will not be measured for separate payment but shall be considered subsidiary work pertaining to the several items of the contract. (F) Working Hours. Day: Working hours for those Work Phases for which "Day" is listed in Work Time columns are at the discretion of the Contractor (see Order of Work Table). Entrance Parking Area and Security. Forces of the Contractor shall enter and leave the airfield at the gate location(s) shown on the Plans. Only the designated entrances shall be used. The gate(s) shall be opened at work time for access to the airfield then shall be locked or closed for the remainder of the work day. The movement of equipment and materials shall be made through the designated gate(s). the gate(s) shall remain locked or closed at all times except when needed for access. Should the gate(s) need to remain unlocked or opened for extended periods of time the Contractor shall station a watchman at the gate to prevent unauthorized personnel from entering the airfield. See the paragraph which follows, entitled CONTRACTOR'S ROUTINE ACCESS TO SITE. Special Provisions - 7 The Contractor shall store his equipment during non -working hours at locations approved by Airport Management within the airport property close to the project sites. Schedule of Work. The schedule of each day's or night's work as proposed by the Contractor shall be submitted to Airport Management no later than 11:45 P.M. for the evening of the night's work. The schedule need not be elaborate but shall be in detail sufficient to show clearly the exact work that the Contractor is proposing. At the first part of each operation, and until some table of experience has been developed, the proposed work shall be on the conservative side. It is vital that the runway be ready for use by aircraft at the intended time. Clearance for use with FAA At the end of each day's work within the construction area zone, Airport Management shall determine that the section of runway or taxiway is ready for return to services. They will inform the representative of the Federal Aviation Administration, in the control tower, of the results of their inspection. Radio Control. During certain periods of time, the Contractor will be within the active runway/taxiway area with equipment and materials. The Contractor shall have personnel stationed to control construction traffic within the safety area of the runway. This control shall be accomplished through the communication with the Air Traffic Control Tower using two-way, portable radios. The Contractor shall furnish two multi -channel portable radios in operable condition. The radios shall be tuned to the specified frequency at all times. All instructions issued to the Contractor by the control tower or by Airport Management shall be complied with in a prompt manner. Upon direction from the control tower the Contractor shall move all of his equipment and personnel to an area at least 250 feet from runway centerline or 300 feet beyond the end of the runway. Equipment and personnel shall not be returned to the restricted work area until permission for such return is granted by the air traffic control tower. No extra payment shall be made for the radios. (a) When any vehicle other than those routinely used in the aircraft movement area and runway approach area is required to travel over any portion of that area, it shall be escorted by a vehicle properly identified to operate in the area or provided with a flag on a staff attached to the vehicle so that the flag will be readily visible. The flag shall be not less than 3 -foot square consisting of a checkered pattern of international orange Special Provisions - 8 and white squares of not less than 1 foot on each side and displayed in full view above the vehicle. A flag or escort vehicle is not required for vehicles which have been painted, marked and lighted for routine use on aircraft movement areas. Optionally, all vehicles may be equipped with a flashing yellow dome -type light. Any vehicle operating on the movement area during the hours of darkness should be equipped with a flashing amber dome -type light. If the airport has a security plan, check for guidance on additional identification and control of construction equipment. (b) Vehicular traffic crossing active movement areas must be controlled either by two-way radio with the control tower, by escort, or the means appropriate for the particular airport. The clearance shall be confirmed by the driver's personal observation that no aircraft is approaching his position. (c) Debris, waste and loose material capable of causing damage to aircraft landing gears, propellers or being ingested in jet engines shall not be placed on active aircraft movement areas. Material tracked on these areas shall be removed continuously during the work project. AUTHORITY OF AIRPORT MANAGEMENT. Airport Management shall have the following authority: (1) to interpret the Plans and Specifications and define their intent and meaning; (2) to determine whether the work done and materials furnished are in accordance with the terms of the Plans and Specifications and to condemn such in accordance herewith; Special Provisions - 9 (3) to make decisions on all matters relating to the execution and the progress of the Work; (4) to coordinate the Work of the Contractor with the Work of other contractors; (5) to stop the Work whenever, in the opinion of Airport Management, such stoppage may be necessary to insure the proper execution thereof; (6) to determine the amount payable to the Contractor from time to time for Work done under the Contract; (7) to make decisions on all controversies arising out of the Plans and Specifications or the refusal or failure of any party to perform any part thereof; (8) to give approvals and to take action to the extent necessary for the orderly and expeditious prosecution of the Work; shall have authority to amend or modify the Construction Contract; (9) to delegate his responsibilities to other representatives of the Owner in connection with specific portions of the Work; (10) to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Plans and Specifications, or does not meet the requirements of any inspection, test or approval referred to hereafter or has been damaged prior to approval of final payment); (11) to require special inspection or testing of the Work as provided for hereafter whether or not the Work is fabricated, installed, or completed; (12) to exercise his best efforts to insure faithful performance by both the Owner and the Contractor. He will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the Work or the interpretation of or performance under the Plans and Specifications shall be referred to Airport Management for decision; which he will render in writing within a reasonable time; Special Provisions - 10 All decisions and determinations made by Airport Management pursuant to the Work and communicated to the Contractor shall be binding on the Contractor unless, within thirty (30) days thereafter, written objection is filed with the Owner's Purchasing Agent demanding that the issue be determined by arbitration. LIMITATIONS OF AIRPORT MANAGEMENT'S RESPONSIBILITIES. Neither Airport Management's authority to act under the Plans and Specifications nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of Airport Management to the Contractor, any Subcontractor, any materialman, fabricator, supplier, or any of their agents or employees or any other person performing any of the Work. Airport Management will not be responsible for the Contractor's means, methods, techniques, or procedures of construction, or the safety precautions and programs incident thereto, and he will not be responsible for the Contractor's failure to perform the Work in accordance with the Plans and Specifications. Airport Management will not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of his or their agents or employees, or any other persons at the site or otherwise performing any of the work. AIRPORT MANAGEMENT'S VISITS TO THE SITE. Airport Management will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Plans and Specifications. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. His efforts will be directed toward providing assurance that the completed Project will conform to the requirements of the Plans and Specifications. On the basis of his on -site observations, he will keep informed of the progress of the Work and will endeavor to guard against defects and deficiencies in the Work of the Contractor. All of the work performed shall be subject to the inspection and approval of Airport Management. Airport Management and his representatives shall at all times have access to the work and the materials necessary for the performance thereof, and the Contractor shall provide proper facilities for access and inspection. If the Plans and Specifications, Airport Management's instructions, laws, ordinances, or any public authority require any of the work to be tested or approved, the Contractor shall give Airport Management timely notice of its readiness for inspection. Inspections made by Airport Management shall be promptly made. Special Provisions - 11 CONTRACTOR'S EX4INATION. The Contractor will be held to have examined all information, documents, and drawings furnished to him by or on behalf of the Owner in connection with this Contract and shall consult with Airport Management in the event of any error or inconsistency or in the event any portion of the Work is not sufficiently detailed or explained, and in no event shall the Contractor proceed with the Work in uncertainty. It is understood and agreed that the Contractor has, by personal examination at the site, checked the material and location of the work; the type of equipment, storage space and facilities needed preliminary to, and during execution of the work; the general and local conditions, and all other matters which may, in any way, affect or have a bearing on the work of the Contract and its costs. The Contractor also represents that he has studied all surveys and investigation reports of subsurface and latent physical conditions provided in the Specifications and made such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract price in accordance with the requirements of the Plans and Specifications and that he has correlated the results of all such data with the requirements of the Plans and Specifications. Failure on the part of the Contractor to have fully informed himself of site conditions, and to fully understand the extent of the Work required, shall not excuse him in any way from his obligation to supply and install the Work in accordance with the Specifications and Plans, and under all conditions as they exist. No extra compensation will be allowed because of his failure to so inform himself. His submission of a bid on the project shall be considered as sufficient evidence that the Contractor has complied with the above requirements. ARRANGEMENT OF SPECIFICATIONS AND PLANS. Titles to sections and paragraphs in the Specifications are used merely for convenience, and shall not be taken as a correct or complete segregation of the several units of materials, equipment and labor, nor as an attempt to outline or define jurisdictional procedures. Likewise, the identifications of any Plans shall not control the Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. No responsibility, either direct or implied, is assumed by the Owner, for omissions or duplications by the Contractor or by any of his subcontractors, due to real or alleged errors in arrangement of matter in the Plans and Specifications. WORKMEN. The Contractor shall employ, or cause to be employed, on or in connection with the performance of the Work only persons who are fit and skilled in the work assigned. The Contractor shall at all times enforce, or cause to be enforced, strict discipline and good order among the workmen employed on the Work. Should any disorderly, incompetent, or objectionable person be employed by the Special Provisions - 12 Contractor, or by any subcontractor, upon or about the Construction Site, the Contractor shall, upon request of Airport Management, cause such person to be removed from the Work and not again employed thereon without the written permission of Airport Management. HORSEPLAY, FIGHTING AND ROAMING. Horseplay, scuffling, fighting or carrying of firearms is not permitted on the Construction Site. The Contractor's men shall confine their activities to the specific area of construction work. INSURAJ4CE AND LIABILITy GENERAL The Contractor shall provide (from insurance companies acceptable to the Owner) the insurance coverage designated hereinafter and pay all costs. Before execution of the Contract, Contractor shall furnish the Owner with complete copies of all insurance policies and certificates of insurance specified herein showing the type, amount, class of operations covered, effective dates, and date of expiration of policies, and containing substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after 30 days written notice has been received by the Owner." In case of the breach of any provision of this Article, the Owner, at his option, may take out and maintain, at the expense of the Contractor, such insurance as the Owner may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Contract. The Contractor shall not execute the Contract or commence Work under this Contract until he has obtained all the insurance required hereunder and such insurance has been reviewed and approved by the Owner, nor shall the Contractor allow any subcontractor to commence Work on his subcontract until insurance specified below has been obtained. Review of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. The Contractor shall maintain during the life of this Contract the statutory Workmen's Compensation, in addition, Employer's Liability Special Provisions - 13 Insurance in an amount not less than $100,000 for each occurrence, for all of his employees to be engaged in Work on the Project under this Contract and, in case any such Work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such Work. Where Work under this Contract includes any water or navigational exposure, coverage shall be included to cover the Federal Longshoremen's and Harborworker's Act and the Federal Jones Act. Employer's Liability Insurance shall be extended to include waiver of subrogation to the Owner. The Contractor shall maintain during the life of this Contract such general liability, completed operations and products liability, and automobile liability insurance as will provide coverage for claims for damages for personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from performance of the Work under this Contract. The general liability policy should also specifically ensure the contractual liability assumed by the Contractor under Article Indemnification. Coverage for property damage shall be on a "broad form" basis with no exclusions for "XC & U." Amount of insurance to be provided shall be as shown below: 1. Contractor's Comprehensive General Liability Insurance For not less than the following limits of liability: Bodily Injury: $500,000 each occurrence, $500,000 aggregate Property Damage: $250,000 each occurrence, $250,000 aggregate Include the following coverage: °Waiver of all "XCU" exclusions. oBroad Form Property Damage and Personal Injury Liability. °Independent Contractor's Coverage. 2. Contractor's Comprehensive Automobile Liability Insurance For not less than the following limits of liability: Special Provisions - 14 Bodily Injury: $ 500,000 each person, $1,000,000 each occurrence Property Damage:$ 100,000 each occurrence OR Bodily Injury and Property Damage: $1,000,000 combined single limit each occurrence. Include Hired car and Non -Ownership Coverage. 3. Contractor's Excess e1 a Policy: $1,000,000 limit of liability policy shall be provided. In the event any Work under this Contract is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the Work performed under this Contract by a subcontractor, which liability is not covered by the subcontractor's insurance. The Contractor's and any subcontractor's general liability and automobile liability insurance policies shall include the Owner and Engineer, their officers, agents, and employees as additional insureds for any claims arising out of Work performed under this Contract. OWNER'S AND CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE The Contractor shall, at his expense, provide the Owner with an Owner's and Contractor's Protective Liability Insurance Policy naming the Owner as the named insured, said policy to protect said parties from claims which may arise from operations under the Contract. Limits of policy coverage shall be: Bodily Injury: $500,000 each person, $1,000,000 aggregate Property Damage: $250,000 each person, $250,000 aggregate $1,000,000 combined -single limit each occurrence/aggregate. Special Provisions - 15 When the construction • is to be accomplished within a public or private right-of-way requiring special insurance coverage, the Contractor shall conform to the particular requirements and provide the required insurance. The Contractor shall include in his liability policy all endorsements that the said authority may require for the protection of the authority, its officers, agents, and employees. Insurance coverage for special conditions, when required, shall be provided as set forth in the SPECIAL PROVISIONS. . sseasgng.j In carrying out any of the provisions hereof in exercising any authority granted by the Contract, there will be no personal liability upon any public official. INDEMNITY The Contractor shall indemnify and hold harmless the Owner and his agents and employees from and against damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury or to destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, provided that such claims, damages, losses, and expenses are not proximately caused by the negligence of any indemnitee in the design, or by the sole negligence of any indemnitee in the inspection of the Work that is the subject of this construction Contract. In any and all claims against the Owner, or any of his agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Article shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor Special Provisions - 16 under Workmen's Compensation Acts, Disability Benefit Acts, or other Employee Benefit Acts. Third Party Coverage The bidding documents require the contractor to name the consultant and/or the Owner as additional insured, the bidder shall show the premium cost for the additional insured in the Proposal in the item for additional coverage. The amount shown in the bid item for additional premium cost shall be that amount of additional premium, for the named Owner, above the premium for the coverage shown in the Certificate of Insurance submitted with the bid. The additional coverage is required by the Owner, the additional premium cost for third party coverage above the amounts shown in the Certificate of Insurance shall be paid by the Owner in the form of a reimbursement under the contract under Bid Item No. 2. SUBCONTRACTORS. The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner, nor shall the Contractor allow such Subcontractor to commence work until he has provided and obtained approval of such compensation and General Liability insurance as may be required under the laws of the State. The approval of such Subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. CONTRACTOR'S ROUTINE ACCESS TO SITE. The location and route to be used by the Contractor for the use of his employees, subcontractors, suppliers, etc. in gaining routine access to the site on a daily basis is described in Section "SAFETY REQUIREMENTS AND CONSTRUCTION PROCEDURES" of these SPECIAL PROVISIONS. The Owner may limit the areas available for parking for the Contractor's work force. OWNER -FURNISHED MATERIALS. Section 60-02 of the GENERAL PROVISIONS, as related to Owner -furnished materials is clarified as follows: there are no owner -furnished materials planned for this project. All materials required for completion of the project are to be provided by the Contractor. QUALITY OF H PLANS. The Plans have been made with care but cannot be assumed to be correct in every detail when some of the conditions to be encountered may not be shown on existing maps and are underground. The approximate locations of existing improvements are shown. The placing of this information on the Plans in no way obligates the Owner as to its correctness, as it is indicative only and is placed there for information and assistance to the Contractor. It is the Special Provisions - 17 expressed intent of these Plans and Specifications that the Contractor is to make his own investigation of conditions to be encountered, and the submission of the Proposal by the Contractor for the work constitutes his compliance with this requirement. Minor details not usually shown or specified, but necessary for the proper installation and operation, shall be included in the work as if shown or specified. Wherever the work "provide" is used, it shall mean "furnish and install complete and ready for use." The accuracy of dimensions shown on drawings furnished to the Contractor by the Owner having reference to any existing work, structure or facility is not guaranteed. The Contractor shall satisfy himself to such accuracy of such existing dimensions before starting the work. Whenever existing obstructions or dimensional inaccuracies capable of verification by the Contractor in the field, or minor variations in indicated arrangements or dimensions of equipment, interfere with the installation as shown on the Plans, the Contractor shall make such necessary alterations as are approved by Airport Management and such alterations shall not constitute a basis for extra payment. PARTIAL ACCEPTANCE. Sections 50-14 and 70-13 of the GENERAL PROVISIONS do not apply to this project. The entire project is to be satisfactorily completed and ready for the Owner's use before acceptance. PROGRESS SCHEDULE. Section 80-03 of the GENERAL PROVISION is emphasized. Within 7 days following execution of the Contract, the Contractor shall provide Airport Management with a suggested progress schedule for the project. The schedule shall be subject to approval by Airport Management. PRESERVATION OF MONUMENTS AND STAKES. The Contractor shall carefully preserve all monuments, bench marks, reference points and stakes, and in case of willful or careless destruction of the same, he will be charged with the resulting expense of replacement, and shall be responsible for any mistakes or loss of time that may be caused by their unnecessary loss or disturbance. In the event that the stakes and marks placed by the Owner are destroyed through carelessness on the part of the Contractor, and that the destruction of these stakes and marks causes a delay in the work, the Contractor shall have no claim for damages or extensions of time. In the case of any permanent monuments or bench marks which Special Provisions - 18 must of necessity be removed or disturbed in the construction of the work, the Contractor shall carefully protect and preserve the same until they can be•properly referenced and relocated. The dd Contractor shall also furnish at his ownhexpproperucrepaacemens an assistance as are necessary or monuments or bench marks that have been moved or destroyed. OTHER CONTRACTORS. The Owner may perform additional work related to the Project by himself, or he may let other direct contracts therefore similar to this one. The Contractor shall afford the other contractors who are parties to such direct contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate his Work with theirs. If any part of the Contractor's Work depends on proper execution or results upon the Work of any such other contractor (or Owner), the Contractor shall inspect and promptly report to the Engineer in writing any defects or deficiencies in such Work that render it unsuitable for such proper execution and results. His failure to so report shall constitute an acceptance of the other Work as fit and proper for the relationship of his Work except as to defects and deficiencies which may appear in the other Work after the execution of this work. The Contractor shall do all cutting, fitting and patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by such other Work. The Contractor shall not endanger any Work of others by cutting, excavating or otherwise altering their Work and will only cut or alter their Work with the written consent of Airport Management and of the other contractors whose Work will be affected. If the performance of additional Work by other contractors or the Owner is not noted in the Plans and Specifications prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional Work. If the Contractor believes that the performance of such additional Work by the Owner or others involves him in additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore. MODIFICATIONS AND WAIVERS. No change in, addition to, or waiver of any of the provisions of the Construction Contract shall be binding upon either Party unless in writing signed by an authorized representative of such Party. No waiver by either Party of any breach of the other Party of any of the provisions of the Special Provisions - 19 Construction Contract shall be construed as a waiver of any subsequent breach, whether of the same or of a different provision of the Construction Contract. STANDARDS. Materials or processes for which ASTM standards have been adopted shall, unless in conflict with specified requirements, meet the requirements of the latest edition of the ASTM standards. Where a specified material is followed by a reference to a specification, standard, test method or code such as "ASTM C150", "ASA Code", etc., it shall be understood to mean that the material shall meet the requirements of the referenced specification, standard, test method or code; and, except where a specific edition is referred to, it shall be understood that the latest edition including additions and/or amendments thereto, as of the date the Contract is awarded, shall apply to Work under this Contract. Neither observations by Airport Management nor the inspections or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the requirement of the Plans and Specifications. DAMAGE TO EXISTING FACILITIES. The Contractor and/or subcontractor hereunder shall satisfy himself (themselves) as to the location of all underground and above -ground facilities and utilities in or near the site. They shall be continually liable for damage to all improvements and lands, whether the property of the Owner, hereunder, or others, caused by the Contractor's and/or Subcontractor's personnel, equipment, or operation. REPORTING OF ACCIDENTS The Contractor shall submit a written report to Airport Management of any accident or injury occurring at the Construction Site. PRE -CONSTRUCTION CONFERENCE. Within twenty (20) days after delivery of the executed Construction Contract by the Owner to the Contractor, but before starting the Work at the site, a conference will be held to review the heretofore mentioned schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the Owner or his representative, Resident Project Representatives, the Contractor and his Superintendent. SAFETY AND SECURITY. The Contractor shall comply with, and shall cause the employee and all subcontractors to abide by all safety and security laws, rules and regulations in force at the Special Provisions - 20 Construction Site. The provisions of the latest Associated General Contractors of America, Inc., dealing with safe practices pertaining to construction work shall be deemed to be in force at the Construction Site to the extent they do not conflict with such laws, rules, and regulations. The Owner shall assume no liability concerning the Contractor's safety practices, as safety on the Project will be the sole responsibility of the Contractor. FUNCTIONS OF AIRPORT MANAGEMENT AND RELATIONSHIP BETWEEN AIRPORT MANAGEMENT AND CONTRACTOR. The Owner or his assigned representative will observe work on the project during the construction phases. The purposes for which such observation is conducted will be to endeavor to assure that: 1) physical limits and dimensions, as established in the Plans and Specifications, are adhered to, 2) materials and equipment installed on the project are equivalent to the type, kind, size, quantity, and quality required by the Plans and Specifications, and 3) the finished products or end results are those as established by the word and intent of the Plans and Specifications. Neither the Owner nor his representative will attempt to instruct the Contractor or his employees or sub -contractors as to how a task is to be performed, or by whom a task is to be performed, or which machinery or equipment should be utilized to obtain the desired results. The Contractor, in submitting a bid for work herein specified, purports to be equipped and to have experienced craftsmen for the performance and construction of each and every phase of the project herein specified. In the event the Contractor does not have the necessary craftsmen in his employ, he shall sub -contract the work for which he has not the craftsmen, or he will otherwise secure the services of craftsmen who are skilled and experienced in all the specified tasks herein. The Owner shall have the following functions: (1) to interpret the Plans and Specifications and define their intent and meaning; (2) to determine whether the wqrk done and materials furnished are in accordance with the terms of the Plans and Specifications and to condemn such in accordance herewith; (3) to make decisions on all matters relating to the execution and the progress of the Work; (4) to coordinate the Work of the Contractor with the Work of other contractors; Special Provisions - 21 (5) to stop the Work whenever, in the opinion of the Engineer, such stoppage may be necessary to insure the proper execution thereof; (6) to determine the amount payable to the Contractor from time to time for Work done under the Contract; (7) to make decisions on all controversies arising out of the Plans and Specifications or the refusal or failure of either party to perform any part thereof; (8) to give approvals and to take action to the extent necessary for the orderly and expeditious prosecution of the Work; shall have authority to amend or modify the Construction Contract; (9) to delegate his responsibilities to other representatives of the Owner in connection with specific portions of the Work; (10) to disapprove or reject Work or material which is "defective" (which term is hereinafter used to describe Work or material that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Plans and Specifications, or does not meet the requirements of any test; (11) to require special testing of the Work or material as provided for hereafter whether or not the Work or material is fabricated, installed, or completed; (12) to exercise his best efforts to insure faithful performance by both the Owner and the Contractor. He will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the Work or the interpretation of or performance under the Plans and Specifications shall be referred to the Engineer for decision; which he will render in writing within a reasonable time; All decisions and determinations made by the Engineer pursuant to the Work and communicated to the Contractor shall be binding on the Contractor unless, within thirty (30) days thereafter, written objection is filed with the Owner's Purchasing Agent demanding that the issue be determined by arbitration. The Owner or his representative may inform the Contractor or his sub -contractors of circumstances which, in the opinion of the Owner Special Provisions - 22 or his representative, may predict unsatisfactory results, or he may caution the Contractors, relative to safety hazards which may exist, but these efforts to assist the Contractors or to prevent accidents or problems will in no way relieve the Contractors of their responsibilities and liabilities in these regards. The Owner or his representative may not be present during every phase of any construction operation, or if he is on -site, he may not witness each and every function or task that the Contractor/sub-contractor may perform. This fact does not relieve the Contractor from his responsibility to see that each item of work and each installation performed by him or his sub -contractor is in strict accordance with the intent of these Plans and Specifications. CONTRACTOR'S F ONSIBITITY REGARDING SPECIAL APPLICATION MATERIALS AND PRODUCTS. Within this project may be specified certain materials or products, which may be major components of the project or may be ancillary to major components, and which, due to their specified characteristics and/or capabilities, may be required as essential parts of the project. These materials or products are special in that they require special techniques in their application, and therefore, require experienced and skilled craftsmen. These materials or products include, but are not limited to the following: Sealants, lubricants, paints, primers, lacquers, stains, thinners, solvents, curing compounds, mastics, bitumens, tars, waterproofing agents, insulating compounds, cementitious compounds, fillers, and epoxies. In furnishing and installing any of the above materials or products the Contractor shall be guided by and adhere to all of ,the manufacturer's recommendations or instructions relative to the materials or products, including but not limited to the following: Handling, storing, mixing, heating, protection from freezing, application, protection after application, protection of workmen, and curing and preparation of surfaces prior to application. The Contractor shall be liable for any failure of such material or products as applied to conform to the characteristics and/or capabilities of each as required by the specifications. Storage and Working Areas - Storage areas will be provided for the storage of the Contractor's materials and equipment, and he shall confine his materials, equipment and operations of his workmen to such limits as indicated by the Owner, and shall not unreasonably Special Provisions - 23 encumber the premises. No workmen shall trespass within other areas or buildings of the Owner than those related to the work of this Contract and the Contractor shall rigidly enforce this regulation. Any materials, equipment or temporary structures belonging to the Contractor shall be moved when so directed by the Owner to permit the execution of Work by others in connection with the Project. Materials shall be stored so as to insure the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wood platforms and covered, or stored in a suitable building as directed by the Owner. Stored materials shall be located so as to facilitate prompt inspection. PERMITS LICENSES. LAWS.ORDINANCES. REGULATIONS AND TAXES. The Contractor shall obtain and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. The Owner shall assist the Contractor when necessary in obtaining such permits and licenses. The Contractor shall also pay all public utility charges. The Contractor shall give all necessary notices, shall pay all fees required by law and shall comply with all laws, ordinances, governmental rules and regulations applicable to the Work, to labor employed on the Work, and to the preservation of the public health and safety. The Contractor shall indemnify and save harmless the Owner from and against all liability with respect to penalties and/or interest that may result from non-compliance with any such laws, ordinances, governmental rules or regulations. Should the Specifications and/or the Plans be at variance with any of such permits, licenses, laws, ordinances, governmental rules or regulations, the Contractor shall promptly notify the Engineer in writing, whereupon the Owner shall make all necessary changes in the Specifications and/or the Plans. If the Contractor performs any portion of the Work which is contrary to any of such permits, licenses, laws, ordinances, governmental rules or regulations, the Contractor shall correct such portion of the Work, and the Contractor shall bear the cost of all damages arising therefrom. The Contractor shall comply with all laws, ordinances, rules, orders, and regulations relating to the protection of adjacent property, and the maintenance of passageways, guard fences or other protection facilities. Special Provisions - 24 4 I The Contractor shall permit and facilitate inspection of the Work by the Owner, and/or its representatives of all work during construction. The inspection of the work by the Owner or others shall not be construed as to relieve the Contractor of any liability for inadequate design, faulty materials, workmanship, violation of the Specifications and design criteria, codes, laws, or safety requirements. The Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by him in accordance with the law of the place where the Work is to be performed. Special Provisions - 25 CITY OF FAYETTEVILLE, ARKANSAS Terms and Conditions All bids shall be submitted in a sealed envelope and must be submitted on forms provided by the City. The item bid and the bid number shall be stated on the face of the sealed bid envelope. 3. Bidders shall include all applicable local, state, and federal sales tax in bid. The responsibility of payment shall remain with the successful bidder. 4. Bids received after the date and time set for receiving bids will not be considered. The City reserves the right to accept or reject any or all bids, waive formalities in the bidding and make a bid award deemed to be in the best interest of the City. The City shall be able to purchase more or less than the quantity indicated subject to availability of funds. 6. The bid price shall remain good and firm until project is completed. 7. All products delivered shall comply with applicable standards of quality. Any exceptions to the requirements of the City of Fayetteville must be noted on the Bid Form. 9. Prices shall include all labor, materials, overhead, profit, insurance, etc., to cover the furnishing of the items bid. 10. Each bidder shall state on the face of the bid form the anticipated number of days from the date of receipt of an order for delivery of equipment and installation to the City of Fayetteville. 11. Copy of the warranty shall accompany the bid, and any exceptions to the warranty shall be clearly noted on the bid form. 12. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. 13. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. 14. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation of bid. 15. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at (501) 575-8289 to insure receipt of their bid documents prior to opening time and date listed on the bid form. 16. If products and/or components other than those described in this bid document are proposed, the bidder must include complete descriptive literature and technical specifications. All requests for additional information must be received within five working days following the request. 17. Bids must be hand delivered or received by mail in the Purchasing Office, Room 306, 113 W. Mountain St. Fayetteville, AR 72701, on or before the time of closing listed on the face of the bid. * 18. Public improvement bids with a total of $20,000 or more shall submit certificates of insurance within 10 days of notice of bid award. Certificates of insurance are to be addressed to the City of Fayetteville, showing that the contractor carries the following insurance which shall be maintained throughout the term of the bid. Any work sublet, the contractor shall require the subcontractor similarly to provide the same insurance coverage. In case any employee engaged in work on the project is not protected under Workers' Compensation, the Contractor shall provide, and shall cause each subcontractor to provide, adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workers' Compensation: Statutory Amount Comprehensive General & Automotive Liability: $250,000 each person. $500,000 aggregate. Property Damage Liability: $100,000 aggregate. *19. Public improvement bids with a total of $20,000 or more require a 5% bid bond and if awarded, a 100% performance and payment bond to be submitted before notice to proceed is given. *20. Public improvement bids exceeding $20,000 or more require a contractor's license. *21. The City shall pay Contractor based on unit prices indicated in contractor's bid proposal. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. *22. Contractor shall not assign his duties under the terms of this agreement. All work shall be coordinated directly with the Project Manager, or their designee. *Applies to construction public improvement projects only, unless otherwise noted. CITY OF FAYETTEVILLE AIRFIELD MARKINGS ADDENDUM #1, OCTOBER 15TH, 1998 Replace bid schedule with new bid schedule attached. All bidders shall acknowledge receipt and acceptance of Addendum No. 1 in the Proposal by submitting the signed Addenda #1 with Bid Package. Proposal submitted without acknowledgment or without this addendum will be considered informal. Bid opening will be at City Administration Building, 113 W. Mountain, Fayetteville, Arkansas, 72701, Purchasing Division, Third floor, Room 306. Receipt acknowledged and conditions agreed to this day of 1998, Company Name Signature