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Home My WebLink About36-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 36-17 File Number: 2017-0043 FRANKLIN AND SON, INC.: A RESOLUTION TO AWARD BID NO. 17-21 AND APPROVE A CONSTRUCTION CONTRACT WITH FRANKLIN AND SON, INC. OF FARMINGTON, ARKANSAS FOR THE AIRFIELD ROOF REHABILITATION PROJECT AT DRAKE FIELD IN THE AMOUNT OF $378,253.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $79,374.00 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 No. 17-21 and approves a construction contract with Franklin and Son, Inc. of Farmington, Arkansas for the Airfield Roof Rehabilitation Project at Drake Field in the amount of $378,253.00, and further approves a project contingency in the amount of $79,374.00. PASSED and APPROVED on 2/7/2017 Page 1 Attest: Sondra E. Smith, City Clerk TRq%StMrr/, F'AyETTfiVfLLF; %tP •,• r,p.•, . ,.. on 218117 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0043 Agenda Date: 2/7/2017 Version: 1 Status: Passed In Control: City Council Meeting Agenda Number: A. 6 FRANKLIN AND SON, INC.: File Type: Resolution A RESOLUTION TO AWARD BID NO. 17-21 AND APPROVE A CONSTRUCTION CONTRACT WITH FRANKLIN AND SON, INC. OF FARMINGTON, ARKANSAS FOR THE AIRFIELD ROOF REHABILITATION PROJECT AT DRAKE FIELD IN THE AMOUNT OF $378,253.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $79,374.00 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 No. 17-21 and approves a construction contract with Franklin and Son, Inc. of Farmington, Arkansas for the Airfield Roof Rehabilitation Project at Drake Field in the amount of $378,253.00, and further approves a project contingency in the amount of $79,374.00. City of Fayetteville, Arkansas Page 1 Printed on 21812017 Terry Gulley Submitted By City of Fayetteville Staff Review Form 2317-3 Legistar File ID 2/7/2.17 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Aviation / 1/20/2017 Transportation Services Department Submitted Date Division / Department Action Recommendation: Staff recommends approval of the low bid of $378,253.00 and the approval to execute a construction contract with Franklin and Son, Inc. of Farmington, AR to complete the Airfield Roof Rehabilitation project at Fayetteville -Drake Field with funds received through an insurance settlement. 5550.760.3940.6999.00 Account Number 13025.1602 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Fund Airport Roof Replacements Project Title Current Budget $ 457,627.00 Funds Obligated $ - Current Balance Ei27.Ot Item Cost $ 378,253.00 Budget Adjustment Remaining Budget Approval Date: /9,374e u V20140710 CITY OF Tay4 ARKANSAS MEETING OF FEBRUARY 7, 2017 TO: Mayor Lioneld Jordan Fayetteville City Council THRU: Don Marr, Chief of Staff CITY COUNCIL AGENDA MEMO FROM: Terry Gulley, Transportation Services Director DATE: January 20, 2017 SUBJECT: Bid 17-21 Franklin and Son, Inc. RECOMMENDATION: Staff requests approval of the low bid of $378,253.00 and the approval to execute a construction contract with Franklin and Son, Inc. of Farmington, AR to complete the Airfield Roof Rehabilitation project at Fayetteville — Drake Field with funds received through insurance settlement. BACKGROUND: As a result of an insurance claim that was filed in May 2015, the airport executed a task order with Garver to perform a comprehensive roof evaluation of all buildings on the airfield on October 6, 2015. At the completion of lengthy negotiations with the insurance company, approximately $458,000.00 in settlement was awarded to the City for roof repairs on five buildings on the airfield. A task order for Garver to perform the bid package development, bidding services, and construction phase services was executed on November 1, 2016 and the project was advertised on December 12, 2016. DISCUSSION: The sealed bid process for this project has been completed and a total of three bids were received at the bid opening on January 18, 2017. Franklin and Son, Inc. of Farmington submitted the low bid on the project of $378,253.00. All costs associated with this project are expected to be covered with money received through the insurance settlement. Attachments: SRF SRM Bid Tabulation Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 010400 - PROPOSAL Place ` Date Proposal of C r t� a corporation organized and existing under the laws of the State of -� Tax ID Number (TIN): i - i q DUNS #: CAGE Code: Proposal of a partnership consisting of Proposal of or or an individual doing business as To: City of Fayetteville This bid results from your advertisement for bids for the construction of the FYV Airfield Roof Rehabilitation. The undersigned Bidder, having visited the site of the work, having examined the Specifications and other Contract Documents including all Addenda, and being familiar with all of the conditions relating to the construction of the proposed project, hereby agrees to comply with all other conditions or requirements set forth in the Specifications and other Contract Documents, and further proposes to; furnish all material, supplies, equipment, and appliances; to furnish all labor, tools, equipment and incidentals to complete the work in accordance with the Specifications and other Contract Documents at and for the lump sum and unit prices proposed in the attached Unit Price Schedule(s). The undersigned Bidder agrees to begin work within ten (10) calendar days after the issuance by, or on behalf of, the Owner of a 'Work Order" or "Notice to Proceed" and to complete the work within the time limits outlined below (except as modified in accordance with the SPECIAL PROVISIONS of these Contract Documents): Substantial Completion: One hundred eighty (180) consecutive calendar days Final Project Acceptance: Two hundred ten (210) consecutive calendar days Should the work fail to be completed within the time herein stated, the Contractor shall pay to the Owner, as fixed and agreed liquidated damages, and not as a penalty, the sum, for each day of delay until the work is completed and accepted, as stipulated in SPECIAL PROVISIONS of these Contract Documents. It is understood that additional time for the completion of the project is to be allowed only for delays as stipulated in SPECIAL PROVISIONS of these Contract Documents. 010400-1 Bidder acknowledges receipt of the following addendum (addenda): O k and _TW C and l�l`1. 'e (/ and The undersigned Bidder agrees that this bid shall be good and shall not be withdrawn for a period of ninety (90) calendar days after the opening thereof. If written notice of the acceptance of this Proposal is mailed, telegraphed, or delivered to the undersigned within ninety (90) days after the opening thereof, or at any time thereafter before this Proposal is withdrawn, the undersigned agrees to execute and deliver an Agreement (Contract) in the prescribed form, and furnish the required Performance and Payment Bond, within ten (10) days after the Agreement is presented to him for signature. It is understood by the undersigned Bidder that the Owner reserves the right to reject any or all bids. Accompanying this Proposal as bid security is a cashier's check/bid bond (strike one) in the amount of jJc wyth 1k } i ollars ($ ), being not less than five percent (A) of the total amount of the bid. If the undersigned Bidder is the successful Bidder, but fails or refuses to execute the contract and furnish the required bond_ within the prescribed ten (10) days of the notification of award, then this bid security is to become the property of the Owner as liquidated damages for the delay and additional expense to the Owner caused by such failure or refusal, 010400-2 In SEAL (If Bidder is a Corporation) F Bidder: YC rJ f] +' L}�? C ad L., r, _ Attest' cv By: ( afore ! Sir fur PC�i� Print Name + Print Name and Title wash ngtion Caun,Y s MY Commirslon Explies 01-20.2023 Cpmnlissi�3414f 3,��y Address Franklin & Son, Inc. 12392-W, Highway 62 Farmington, AR 72730 Office Address of Bidder NOTES: Sign in ink. Do not detach. Items must be bid upon as specified in the Unit Price Schedule. 010400-3 Page Intentionally Left Blank 010400-4 ITEM SPEC. NO. NO. DESCRIPTION 1 070100-1 FBO Hangar Roof Rehabilitation 070200-2 Terminal Building Roof Rehabilitation `2 3 070300-3 — FAA Building Roof Rehabilitation 4 070400-4 Old Terminal Building Roof Rehabilitation 5 070500-5 i Air Museum Roof Rehabilitation 'Wood Decking Replacement 6 070600-6 7 070600-7 Insulation and Substrate Replacement CITY OF FAYETTEVILLE AIRFIELD ROOF REHABILITATION UNIT PRICES UNIT BID UNIT QUANTQUANTITY PRICE AMOUNT 36,LAO I i N, l �E i5 9a% Total Bid ESTIMATED Y LS SF 1,500 LS 1 LS 1 LS 1 — LS 1 1 010400-5 010400-5 "' ip R A N C E Mare Than x Premise 5500 Euper Lane PO Box 3529 Ft. Smith, AR 72913 (479) 452-4000 www.bhca.com KNOW ALL MEN BY TFiFSF. PRFSF,NTS, that we (Here irLSd_ri full name and address or (rigat title of Contractor) Franklin & Son, Inc. 12382 Hwy. 62 West Farmington, AR 72730 as Principal, hereinafter called the Principal, and (Here insert full name and mUrv.s.r r)r legal. title nfStirPly) Western Surety Company P.O. Box S077 Sioux Falls, SD 57117-5077 a corporation duly organized under the laws of the State of South Dakota as Suroty, hereinafter called the Surcty, are held and firmly bound unto lHere insert full name and address or legal title of Oxmer) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE TOTAL AMOUNT BID Duliais ($ 5% ), for the payment of wbtch Burn well and truly to be rxida, the raid Principal and the raid Surety, bind ourdolvet;, our heirs, executors, adriumstrators, successors and assigns, jointly and severally, firmly by these presents. WMEAS, the Principal has submitted a bid for Fayetteville Airport Roof Rehabilitation (Here insert full name, address and description of pro,/ect) NOW, THERJEFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Ohhj!"t in AtrnrdAnrr with rite reruns of such bid, and give such bond or bonds es may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt paymcni of labor and material furnished in the prusecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond rtar bonds, if the Principal shall pay to the Obligec the difference iwi to exceed the penalty ticreof between the arriouat specitied in said bid and such larger amount for which the Obligee ttlay in good faith contract with another party to pc,,7fbnn rho Work covered by said bid, then this obligation shall be null and void, otherwise Lo remain in full force and effect. Signed and sealed this 18th day of January 2017 (IVirazss) Franklin & Son, Inc. (Principal) (Seal) (Title) Wes rn Surety Company (Stu (Wit tet-Y.)) 1 Till (Spell Elizabeth A Solomon , Attorney -In -Fact AlA Document A310n' —1970. Copyright 0 1963 and 1970 by Tna American Inslltute of Architects. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seat herein affixed hereby make, constitute and appoint Larry R Clark, Scott R Clark, Marty C Clark, Shannon C Schmidly, Elizabeth A Solomon, Sarah K Day, Individually of Fort Smith, AR, its true and lawful Attorncyis)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its bclurlf bonds, undertiskings and other obligatory instruments of similar nature - - In Ublini ted-Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Ailorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation: In Witness Whereof, WESTERN SURETY COMPANY -has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this d 7th day of March, 2016. rrr WESTERN SURETY COMPANY ��EP4Rq 1�q -APaul T. I3ruflat, Vice President State of South Dakota l Jj Ss County ofMmnehaha On this 17th day of March, 2016, before me personally came Paul T. Brvflal, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above iustrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate scal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My Commission empires J. MpHR June 23, 2021 $0M."awim /J]f J_ Mafu, Notary Public CERTIFICATE 1, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney heremabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of ...x$th lariClaty 2017--- -- WESTERN SURETY COMPANY ��r>c CR► 7 L Nelson, Assistant Sncretury Form F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treaser T, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary .ny Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or ur::ertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 0 License No. 0029380417 ID #4304 State of Arlfansas Conimercial Contractors Licensing Board FRANKLIN & SON, INC. 12382 W HWY 62 FARMINGTON, AR 72730 This is to Certify That FRAM<L1N & SON, INC 1 is duly license([ under [lie provisions of y--w 150 of [.lie 1965 Acts as amended and is entitled to -practice Contracting in the State of Arkansas within the following classifications/specialties: BUILDING - (COMMERCIAL & RESIDENTIAL) SPECIALTY Underground Piping, Cable, Trenching, Boring with the following suggested bid limit from April 8, 2016 when this Certificate expires. Unlimired LI11tll April30,2017 J !f a;oess ow hands of the Board, dared at North Lode Rock„ lrkaasos f f I ----""11 FRAN&SO-01 SDI A4C<__>RQ DATE I MIDDIYYYY) �f CERTIFICATE OF LIABILITY INSURANCE 01/18/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BHC Insurance 5500 Euper Lane P.O. Box 3529 Fort Smith, AR 72913-3529 INSURED Franklin & Son, Inc. Gary Steanman 12382 Hwy. 62 West Farmington, AR 72730 (479) 878-1896 C, Nd):(479) 878-1880 INSURER(S) AFFORDING COVERAGE NAIL to INSURER A: United Fire & Casualty Company_.._ , . 13021 ,NSURER B , Bridgefield Casualty Ins. Co. 10335 INSURER C; INSURER 0 INSURER E, IN SURER F r:r7VFRAnr-S irFRTiFIC:ATF NI IMJIFIFG� IDP%nQ1rkkl KIN HU1R1+R• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- ------r W,_, TYPE OF INSURANCE.ADOL SUER' so wVD POLICY NUMBER I POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY _ _ CLAIMS -MADE OCCUR 60430875 05/01/2016 05/01/2017 ' EACH OCCURRENCE 8 — DAMAGE TO RENTED 1,000,000 100,000 MED EXP fAny one sonl $ _ _ I PERSONAL&ADVJNJURY. jkf WLAGGREGATELIMIT APPLIES PER: GENERALAC� R.EGA7E.- 2,000,000 j POLICY J .. LOC - PR4D� UGTS-COMP/ A g 2,000,000 i OTHER; A AUTOMOBILE LIABILITY 'COMBINED SINGLE LIMIT c$ _ _ 1,000,000 _....._.._._... X ANY AUTO 160430875 _ 05/0112016I 05/01/20171 BODILY INJURY Per rsun BODILY .__,.OWNED SCHEDULED - AUTOS ONLY AUTO - BODILY INJURY P_e, accidents_, S — — - - --L __ �£�} {U]TII.�{]yY��I�}E AUrO5 ONLY _.._ . ANOVO OM1}LY . PR PERjYnIDAMAGE $ ; atm�ndnn A X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4,000,000 �4,000,000 EXCESS LIAB CLAIMS -MADE $0430875 05/0112016 05/01120171 i AGGREGATE y _ DED I X RETENTION $ 0 -- - _ -.� _$ _ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X PER OTH- STATU,M.!__,_j.. Y.I N. 196-34518 ECUTIVE 05101/2016 05/01/2017 EACH $ 1,000,000 PROPRIET RXC U➢ROE I ANYI N f A E L ACCIDENT _ _ . `---- 1,000,000 Yl Indatery m N� I E L DISEASE -EA EMPLOYE S Kyos, deew eulttlar DESCRIPTION OF OPERATIONS below _. E-L DISEA, POLICY LIMIT 1,000,000 I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) HOLDER City of Fayetteville 113 W Mountain Street Fayetteville, AR 72701 L:AML:tL,LA I 1 n SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. i I AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 010420 - STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. o } 1. Name of Bidder. �`�� j-1 �� I le � �y�.t T v ) c-•- 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 0 t' YYsiVt.,.� } C> v C, V--t --ci : 5. How many years have been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion). r General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? �S t g. Have you ever defaulted on a Contract? ! If so, where and why? 10, Have you ever been fined or had your license suspended by a Contractor's Licensing Board? i If, so, where and why? 11. List the more important projects recently completed by your company, stating the approximate cost forg�gach, and the month Qd yyear completed. : 12. List your major equipment available ] for this ontract. i ✓ �x �� s I ! ��ili r 7 {�"� J"�7.s ��i.� 13. Experience in construction work similar in impo ancer to this pra4ect. ti in CATjlfPV Gs,V- =,J1'nCJt1 i c?wl) 470" 14. Background and experience of the principal members of your organization, including the officers. 15. Will you, capon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? 16. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Owner, in verification of the recitals comprising this statement of Bidder's Qualifications. 010420-1 17, The Bidder shall provide a brief description of any litigation or administrative proceeding of the following types, either pending or concluded within the preceding year, to which the Bidder (and the ultimate controlling person, if different from the Bidder) or any of its directors or executive officers was a party or of which the property of any such person is or was the subject; the names of the parties and the court or agency in which such litigation or proceeding is or was pending shall be given: (a) Administrative or judicial proceedings of any state federal agency or authority concerning environmental violations; (b) Proceedings which may have a material effect upon the solvency of the ultimate holding company, including but not necessarily limited to, bankruptcy and receivership; and (c) Criminal proceedings. Dated at --6 F) _ _ this day of 20 Biddei A r€OIl Iva///6 allu I IIfG STATE OF itY,t5_ SS, COUNTY OF } c' ' being duly sworn deposes and says that he is of (Name of Organization) and that the answers to the foregoing questions and SUBSCRIBED AND SWORN TO BEFORE ME this My Commission Expires: Nota€v Publla-A€kansos Washington County My Commission �xplles ol-20-2023 Commission # 12391430 010420-2 Public) therein cont ed are true and come t. — da' 1-n �� 20_L- , ` 0M#44Q'LIST OFPROPOSED SUBCONTRACTORS | the undersigned General Contractor, 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 1for Less than S1Million ° Enter 3for More than $1 Million, Less than $5Million ° Enter 3for More than $5Million, Less than $1OMillion ° Enter 4for More than $1OMillion, Less than $15Million * Enter 5for More than $15Million Type of Work: ... �� u��/�e��-------..�----.-..--.--. Suboontnadqr'oWamw.� ...��. Arkansas License _____._______................... Address: � F� / «��~/ �vr '~7�—�/�� --------' ' '~~^~�~'^'^^~°'r—"~r^— °'^°°^^~—~"�'—^^`—'==` Type of Work Subcontractor's Name: ........................................ —.... .................................... .......... ..................... ____ .... ArkansasLicense No: .................... ,............................................................. .................................. —'........... Address: .................. -------....... ____ ---'---.-------------:�---------- DateFirm Eotab|ishod:.—.............. .................. .......... ....................... ~...—~"........ '.... —,^'^.~~^_.. Type of Work: Subcontractor's Name: ................. ...... —................................................... ........ ................. ...... ........ ....... ' ArkansasLicense Nu: .............................. ......... —...................... ......... —..................................... ................. Address-----.............. -_....... ...................... ........................ ............................ ... ..... ................... Typeof Work: ................................... ................ .... ____ —''~—''`^'—..................... ................................ Subcontractor's Name: ............. _—........... ............................. ............ —...... ......................... ...... _' Arkansas License No. _---------.----- ..—.---.—..',.,—_—_------_--_.. Addnaon------............... --'—'_.......... .............. .......... --'--'—.................................. DateFirm Established: ..................................................................................................................................... 010440-1 Bidder (General Contractor): ..... R (.1. S.F,.:o .... tTnc:.-.< ........................ ............... Arkansas License ...... -- ............... ........................ ............ D.3 Address:.... ...... K.Qj-Y. ..... ...... ra. -7 l-?cc.......................... Date Firm Established* .... 6r. 7�................... ...... ............................. -- .......... I ........ I... .... AnnualGr. sReceipt (enter the range only):.... ... rf ....................................................... By:. ..... ........... ...... ............... ...................... ............. ................................. I ........... ........ 1/1 , � f-I .. ........ G Title:........ xr—er ........ M. /C . 7� nr2 ... .................................... *Signature must be the same as on the Proposal 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. 010440-2 N 0 D : o 0 0 mN00LD m o o NC3 Z 00 -N m r< �M - M o N O O N � c^-I oo LOD .DD d Q 0 L � 7 Ln LQ ~ V1 t r-I H W LnM N 00 -1 :3 z U M M LD Mr, LL O K O_ r� rl 00 O Lo al LD N O Lam, c M H O O O O 0 0 O O 0 a--+ O O O O 0 0 O O m U H Lo -4 ON Vl N rV Ln r\ M •� Z c LD Lr LD al N -._ t c O M N -1 -1 -r-F . � Ln M 0^0 a a) C � N M V Q i° O m a o O O o Ln M O c C Y o O O a O r� v i1 C < 1 i-I Lr) N N fel qf. VI Q a w U C7 ON a) -1 LL Z LD Lri 2 p N QL O iar'F i,T I,)- Q o 0 0 0 0 0' o ~ Q Q e-i J ~ O O O O O O O LL Q � o 0 o O r" m J- m C O \ C) m M M .m-1 -1 lD J 00 Q LU o a o.o r m W L J �- N LnC)0 1 U, U O o CD 0 o -o 0.- 0 C Q Z ,vn z Cl -..o c Q3 : �r Lri 1-1-r+- r; � LL O U m o a' re) m m ` LL V LL Z i,} vl in v} in v} v} i,} N bA O '� a c O LU m V) — ^ Q z p O as V r-I � H H H H H ,n O a `D c m N H a' J LU O rev L m L Lu u a f-- Z U') V) Lf) J LL "' LL "' _o " m m a 7 a 0 - .0 c c +• a ® m m L Qi +-+ N D - O +' y U C m cc m a)a y (l 0O -0 •:3 4 tw p. 0 Q. to Z K K O m 00 c O c •.-, E ro v d — 0 0, c s C u = E 00 0 u 0 2 LLI o L o ui w p W ~ Z c1 N M Ln W r u Terry Gulley Submitted By §k&� Ik lle �i r r6ok ll n +- 5on5 , Zrc Ar- e rD�ec+ City of Fayetteville Staff Review Form 2017-0098 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/14/2017 Aviation / _ Transportation Services Department Submitted Date Division / Department Action Recommendation: Airport -Signature of the Mayor on a construction contract with Franklin & Sons, Inc. for the Airfield Roof Rehabilitation Project as approved by resolution 36-17. 5550.760.3940.6999.00 Account Number 13025.1602 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Fund Airport Roof Replacements Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 457,627.00 $ 457,627.00 $ 378,253.00 $ 79,374.00 V20140710 Previous Ordinance or Resolution # 36-17 Original Contract Number: Comments: Approval Date: A-� L q CITY QF ■ Ic ARKANSAS TO: Lioneld Jordan, Mayor THRU: Don Marr, Chief of Staff Staff/Contract Review Committee FROM: Terry Gulley, Transportation Director Date: 02/14/17 SUBJECT: Franklin & Son, Inc. Construction Contract Legistar Item # 2017-0098 STAFF MEMO RECOMMENDATION: Review and signature of the Mayor on the construction contract with Franklin & Sons, Inc. for the Airfield Roof Rehabilitation Project. BACKGROUND: The City Council approved Mayor Lionled Jordan to sign this construction contract on February 7, 2017 with resolution 36-17. DISCUSSION: As a result of an insurance claim that was filed in May 2015, the airport executed a task order with Garver to perform a comprehensive roof evaluation of all buildings on the airfield on October 6, 2015. At the completion of lengthy negotiations with the insurance company, approximately $458,000.00 in settlement was awarded to the City for roof repairs on five buildings on the airfield. A task order for Garver to perform the bid package development, bidding services, and construction phase services was executed on November 1, 2016 and the project was advertised on December 12, 2016. BUDGET/STAFF IMPACT: Franklin and Son, Inc. submitted the lowest bid for this project of $378,253.00. All costs associated with this project are expected to be covered with money received through the insurance settlement. ATTACHMENTS: SRF SRM Resolution 36-17 Franklin & Son, Inc. Construction Contract Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 36-17 File Number: 2017-0043 FRANKLIN AND SON, INC.: A RESOLUTION TO AWARD BID NO. 17-21 AND APPROVE A CONSTRUCTION CONTRACT WITH FRANKLIN AND SON, INC. OF FARMINGTON, ARKANSAS FOR THE AIRFIELD ROOF REHABILITATION PROJECT AT DRAKE FIELD IN THE AMOUNT OF $378,253.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $79,374.00 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 No. 17-21 and approves a construction contract with Franklin and Son, Inc. of Farmington, Arkansas for the Airfield Roof Rehabilitation Project at Drake Field in the amount of $378,253.00, and further approves a project contingency in the amount of $79,374.00. PASSED and APPROVED on 2/7/2017 Page 1 Attest: c+rJrl as � .r Sondra E. Smith, City Clerk, f ':AYFTtVILL[, •�: an 218/17 010600 - CONTRACT THIS AGREEMENT made this day of , 20 'f, by and t �^^ between _ Y' h I Y1�C��t �? •p �•� a Corporation organized and existing under the laws of the State of A r H o aa s hereinafter called the "Contractor", and City of Fayetteville, hereinafter called the "Owner". WITNESSETH: That the Contractor and the Owner for the consideration stated herein mutually agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, incidentals and services, including utility and transportation services and perform and complete all work required for the construction of FYV Airfield Roof Rehabilitation in strict accordance with the Contract Documents. ARTICLE 2. The Contract Price. The Owner will pay the Contractor, because of his performance of the Contract, for the total quantities of work performed at the lump sum and unit prices stipulated in the Proposal subject to additions, and deductions as provided in the GENERAL PROVISIONS Changes, modifications, or amendments in scope, price, or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, or fees. ARTICLE 3. Contract Time. The Contractor agrees to begin work within ten (10) calendar days after the issuance by, or on behalf of, the Owner of a 'Work Order' or "Notice to Proceed" and to complete the work within the time limits outlined below (except as modified in accordance with the SPECIAL PROVISIONS of these Contract Documents): Substantial Completion: One hundred eighty (180) consecutive calendar days Final Project Acceptance: Two hundred ten (210) consecutive calendar days If the Contractor shall fail to complete the work within the time specified, he and his Surety shall be liable for payment to the Owner, as liquidated damages ascertained and agreed, and not in the nature of a penalty, the amount specified in SPECIAL PROVISIONS of these Contract Documents for each day of delay. To the extent sufficient in amount, liquidated damages shall be deducted from the payments to be made under this Contract. ARTICLE 4. Contract. The execuXed Contract Documents shall consist of the following: a. Executed Contract b. Addenda (if any) c. Advertisement for Bids d. Instructions to Bidders e. Proposal f.. Statement of Bidder's Qualifications g. List of Proposed Subcontractors h. Performance and Payment Bonds i. General Provisions j. Special Provisions k. Technical Specifications I. Certificates of Insurance and Insurance Policies 010600-1 E This Contract together with other Documents enumerated in this Article 4, which said other Documents are as fully a part of the Contract Documents as if hereto attached or herein repeated, form the Contract between the parties hereto. In the event that any provisions in any component part of this Contract conflicts with any Provision of any outer component part, the conflict shall be resolved by the Engineer whose decision shall be final. ART— 1` CLE mpany of 5 lure The Surety on the Performance and Payment Bonds shall be a surety co financial resources satisfactory to the Owner, authorized to do business in the State of the Project, comply with applicable state laws. and shall QPTICLE 6. Freedom of Information Act. City of Fayetteville contracts and documents prepared while Performing city contractual work are subject to the Arkansas Freedom of information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents In a prompt and timely manner as prescribed in the Arkansas Freedom of information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. ARTICLE 7. ,Jurisdiction Legal jurisdiction to resolve any disputes shall be Washington County Arkansas with Arkansas law applying to the case. 010600-3 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three (3) counterparts, each of which shall be considered an original on the day and year first written. Notary Fubft-Arkaf+"s WashingtOn County My Commission 12391430 I1 2023 ission PR� r ..ram Cr."�\� Y (],,[ •.��j�is zi -0: FAYETTEVILLE: • Contractor: F SY . I�g atu Print Name and Title 1';38a W Owe Address Owner: City of 010600-5 Flit; ` Print Name and Title 1 !bu W 01�n 9�-901 Addre 2049 E. Joyce Blvd. Suite 400 Fayetteville, AR 72703 TEL 479.527.9100 FAX 479.527.9101 www.GarverUSA.com TRANSMITTAL To: City of Fayetteville and Fayetteville — Drake Field Attn: Summer Fallen From: Ben Perea RE: Fayetteville — Drake Field Airfield Roof Rehabilitation — Insurance Claim Copies to: Date: February 14, 2017 QTY DATE DESCRIPTION 3 _ 2/14/17 Construction Contract 1 2/14/17 Performance and Payment Bonds for Filing with County Clerk Summer, Included with this transmittal are three original copies of the construction contract and one copy of the Performance and Payment Bonds for the Airfield Roof Rehabilitation project at the airport. Please complete the following: ■ Have the mayor execute each copy of the construction contract. The page to be signed is marked with the "Sign Here" tab. • Date each copy of the construction contract and bonds. Dates need to be included on the contract and bonds. All pages that require dating are marked with a green tab. Please note that there will be one loose copy of the bonds that Franklin & Son will take to file with the County Clerk. • Route the executed construction contracts as follows: 0 1 Copy —City 0 1 Copy — Franklin & Son 0 1 Copy —Garver Please include the loose copy of the Payment and Performance Bond with the contract sent to Franklin & Son. Copies of the necessary insurance certificates are behind the addenda in the front of the contract. If you have any questions, please don't hesitate to give me a call. Thanks! Ben Attachments: 4 Copy to File: Pages(incl.): Copies to Garver: L:\2016\16041211 - FYV Airfield Roof Rehab-Insurance\Correspondence\Outgoing\Fallen 2017-02-14 Contract Documents tml.docx Bond 58727267 010700 - PERFORMANCE BOND NOTIFICATION The Surety's obligation under this Bond shall arise after: 1.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Default. Such notice shall indicate that the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. Unless the Owner agrees otherwise, any conference requested under this Paragraph shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 1.2 The Owner declares a Default, terminates the Construction Contract and notifies the Surety. 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. Failure on the part of the Owner to comply with the notice requirement shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations. 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. 2. SURETY'S ACTIONS When the Owner has satisfied the conditions of Paragraph 1, the Surety shall promptly and at the Surety's expense take one of the following actions: 2.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 2.2 Undertake to perform and complete the Construction Contract itself, through its mutually acceptable agents or independent contractors; 2.3 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 3 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 2.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 2.4.1 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 010700-1 2.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 3. SURETY OBLIGATIONS If the Surety elects to act under Paragraph 2.1, 2.2, or 2.3, 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: 4 3.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 3.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 2; and 3.3 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. 4. SURETY DEFAULT If the Surety does not proceed as provided in Paragraph 2 with reasonable promptness, the Surety shall be deemed to be in default on this Bond ten 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 2.4, 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. 5. PROCEEDINGS 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 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. 6. STATUTORY REQUIREMENTS 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 hereto 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. 010700-2 PERFORMANCE BOND CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: THAT WE, Franklin & Son, Inc., 12382 Hwy. 62 West, Farmington, AR 72730 as Principal, hereinafter called "Principal', and Western Surety Company P. O. Box 5077, Sioux Falls , State of South Dakota , as Surety, hereinafter called "Surety", are held and firmly bound unto the City of Fayetteville, Arkansas, as Obligee, hereinafter called "Owner", in the amount of: Three Hundred Seventy -Eight Thousand Two Hundred Fifty -Three and no/100ths Dollars ($ 378,253.00 ) in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHERE S the Principal entered,into a Contract with the Owner by written agreement dated the day of , 20-a, a copy of which is attached hereto and made a part hereof, hereinafter referred to as the Contract, "FYV Airfield Roof Rehabilitation" NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract, including without limitation the maintenance warranty thereof, during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of an extension of time for the performance of the Contract, or any other forbearance on the part either of the Owner or the Principal to the other shall not release in any way the Principal and Surety, or either of these, their heirs, personal representatives, successors, or assigns from their liability hereunder, notice to the Surety of any alteration, extension or forbearance hereby being waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. This bond is executed pursuant to the terms of Arkansas Code Annotated §§ 18-44-501 et. Seq., as amended. Executed on this day of , 20-U. 010700-3 SEAL Principal: Franklin & Son, Inc. BY:.A4a 1� Signatu PrinYName and Title SEAL Surety: Western Surety Company )-teBy: ar ey i - act - Signature Elizabeth A. Solomon, Attorney -In -Fact Attorney -in -Fact - Print Name and Title P. O. Box 5077 Sioux Falls, South Dakota 57117-5077 Surety Address forgiving Notices NOTES: Attach Power of Attorney. Date of Bond must not precede date of Contract. A copy of this Bond must be filed with the Circuit Clerk in each county wherein the work is to be performed. 010700-4 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Larry R Clark, Scott R Clark, Marty 'C Clark, Shannon C Schmidly, Elizabeth A Solomon, Sarah K Day, Individually of Fort Smith, AR, its true and lawful Attontey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 17th day of March, 2016. asap WESTERN SURETY COMPANY 4irM °ONulT. Bntflat, Vice President State of South Dakota County of Minnehaha ss On this 17th day of March, 2016, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation, My commission expires I MOHR FaFAWMaUC June 23, 2021 :_. �80"r"°'''"014" —� 7. Moltr, Notary Publ'sc CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation pn ted on the revers ereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this , day ofT _- 1 (,Mr ` cWESTERN SURETY COMPANY a,�,�i°��o4iioN L Nclsoa, Assistant Secretary Farm F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 010720 - PAYMENT BOND 1. NOTIFICATION Bond 58727267 The Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in the Bond Certificate) of claims, demands, liens, or suits against the Owner or the Owner's property by any person 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. 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. When the Owner has made notification, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. The Surety's obligations to a Claimant under this Bond shall arise after Claimants have furnished a written notice of non-payment to the Contractor, Surety, or Owner, stating with substantial accuracy the amount claimed and the name of the party to whom the materials, labor, or equipment was furnished or supplied. It is sufficient if a notice of non-payment is given to the Contractor by the Owner. 2. SURETY'S OBLIGATION When a Claimant has satisfied the conditions of Paragraph 1, the Surety shall promptly and at the Surety's expense take the following actions: 2.1 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 2.2 Pay or arrange for payment of any undisputed amounts. 2.3 The Surety's failure to discharge its obligations under Paragraph 2.1 or 2.2 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 2.1 or 2.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. r��7��C�73�L�LC�]�-T�1►1�71�L1� 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 this Bond, subject to the Owner's priority to use the funds for the completion of the work. 4. OTHER OBLIGATIONS 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 010720-1 payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 5. PROCEEDINGS No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent 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, 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. 6. STATUTORY REQUIREMENTS 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 hereto 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. 010720-2 PAYMENT BOND CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: THAT WE, Franklin & Son, Inc., 12382 Hwy 62 West, Farmington, AR 72730 as Principal, hereinafter called "Principal', and Western Surety Company P. O. Box 5077, Sioux Falls .. State of South Dakota , as Surety, hereinafter called "Surety", are held and firmly bound unto the City of Fayetteville, Arkansas, as Obligee, hereinafter called "Owner", in the amount of: Three Hundred Seventy -Eight Thousand Two Hundred Fifty -Three and no/100ths Dollars ($ 378,253.00 in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHERE S, the Principal ente d into a Contract with the Owner by written agreement dated the -i day of , 20-M, a copy of which is attached hereto and made a part hereof, hereinafter referred to a the Contract, "FYV Airfield Roof Rehabilitation" NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor performed in such work, whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of an extension of time for the performance of the Contract, or any other forbearance on the part either of the Owner or the Principal to the other shall not release in any way the Principal and Surety, or either of these, their heirs, personal representatives, successors, or assigns from their liability hereunder, notice to the Surety of any alteration, extension or forbearance hereby being waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. This bond is executed pursuant to the terms of Arkansas Code Annotated §§ 18-44-501 et. Seq., as amended. Executed on this day of aro , 20 010720-3 SEAL Principal: Franklin & Son, Inc. By: Signa ure Print Name and Title SEAL Surety: Western Surety Company By: ore -rn-Fact- 9JIgnature Elizabeth A. Solomon, Attorney -In -Fact Attorney -in -Fact - Print Name and Title P. O. Box 5077 Sioux Falls, South Dakota 57117-5077 Surety Address for giving Notices NOTES: Attach Power of Attorney. Date of Bond must not precede date of Contract. A copy of this Bond must be filed with the Circuit Clerk in each county wherein the work is to be performed. 010720-4 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Larry R Clark, Scott R Clark, Marty C Clark, Shannon C Schmidly, Elizabeth A Solomon, Sarah K Day, Individually of Fort Smith, AR, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation, In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 17th day of March, 2016. WESTERN SURETY COMPANY �agonpt�� " aul T. Bruflat, Vice President State of South Dakota S9 County of Minnehaha On this 17th day of March, 2016, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MO June 23, 2021 J. Mohr, Notary Publio CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation p nted on the reverse he f is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this , S . day of 7&KUt9 q IC4—.. .10 '"`0. WESTERN SURETY COMPANY L, Nelson, Assistant Secretary Form F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seat may be printed by facsimile. r FRANKLIN AND SON. INC. -Roof Rehab Insurance Project City of Fayetteville Staff Review Form 2017-0327 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wade Aberanthy 6/14/2017 Facilities Management / Finance &Internal Services Department Submitted By Submitted Date Division Department Action Recommendation: Mayor's signature on the Roof Warranty for t with Bid 17-21 Roof Rehab Insurance Project. Budget Impact: 5550.760.3940.6999.00 Account Number 13025.1602 Project Number OR AirPort Fund Airport Roof Replacements Project Title Budgeted Item? NA Current Budget Funds Obligated Current Balance $ 443,327.00 $ 200,470.00 I $ — 242,857.00 Does item have a cost? NA Item Cost $ Budget Adjustment Attached? NA Budget Adjustment Remaining Budget-242,857.00 V20140710 Previous Ordinance or Resolution q 2017-0043 RES 36-17 Original Contract Number: Bid 17-21 Comments: Approval Date: U ,aa-Iq CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Paul Becker, Chief Financial Officer/ Director Internal Services FROM: Wade Abernathy DATE: 6-14-17 STAFF MEMO SUBJECT: Request Mayor's signature on roof Warranty for FAA & Old Terminal Building, and the FBO Hanger. RECOMMENDATION: Staff recommends the Mayor sign the attached warranties for the 3 buildings listed above. BACKGROUND: These roofs were a part of the contract Bid 17-21 with Franklin & Sons Inc. related to the insurance roof rehab project. DISCUSSION: The Mayor's signature is required to fully execute the warranty, and for the 10 year warranty period to go into effect. BUDGET/STAFF IMPACT: N/A Attachments: Warranty Certificate GW 10000 for the FAA and Old Terminal Building. Warranty Certificate GW 10006 for the FBO Hanger Building Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 IV10 No. GW-10000 TEN YEAR LABOR AND MATERIAL MEMBRANE WARRANTY GACOFLEX SILICONE ROOF COATING SYSTEM Project Name: 4360 & 4370 South School Avenue Address: 4360 & 4370 South School Avenue Fayetteville, AR 72701 Area: 4360 South School Avenue - 5,200 Square Feet 4370 South School Avenue - 4,600 Square Feet Specification: RC-MB-SBUR-22-GF21 Date of Completion: April 25, 2017 Gaco Western warrants to the owner that the GacoFlex Coating System applied on this project will remain watertight for a period of 10 years from the completion date. If, upon inspection, the manufacturer determines that water leaks into the structure are due to failure of the GacoFlex liquid coating system, except as expressly excluded herein, during the first 5 years, the manufacturer for its part will supply coating and the applicator for its part will supply any additional material and install repairs without cost to the owner. If failure occurs in the succeeding 5 years, the manufacturer shall provide coating material and reimburse the original applicator or a Gaco Western qualified applicator for making repairs of defects. Gaco Western requires periodic inspections of the installation which includes a 5 year joint manufacturer, owner and applicator warranty transfer inspection. Any repairs that are, in the opinion of Gaco Western, necessary to insure satisfactory performance of the installation will be made under the terms of the warranty. Gaco Western has the right to inspect the system when deemed necessary and make repairs due to physical damage caused by the conditions listed below at the owners authorized expense. If the owner does not authorize such action in writing within 7 days of being requested, the warranty will be automatically terminated. CONDITIONS: 1. This warranty does not apply to damage to the coating or foam substrate by structural movement, physical abuse, failure of the structure or substrate, vandalism, modifications to the roof, windstorm, lightning, hail, plant life, animal life, or other casually. 2. Liability ceases if mandatory inspections are not made or if any alterations, additions or repairs (excluding emergency repairs) are made except in accordance with specific written instructions from Gaco Western. 3. Neither the applicator nor the manufacturer is liable in any respect for consequential damage to the structure or its contents resulting from defects in the roof covering. 4. This warranty does not cover discoloration or dirt accumulation on the coaling. 5. This warranty may only be transferred to a new owner by notifying Gaco Western in writing if use of the building is the same or if written approval of the new use is obtained from Gaco Western. TEN YEAR LABOR AND MATERIAL MEMBRANE WARRANTY GACOFLEX SILICONE ROOF COATING SYSTEM Project Name: 4360 & 4370 South School Avenue Warranty Number: GW-10000 Page Number 2 6. This warranty becomes effective as of the date of completion provided payment in full has been made to both applicator and manufacturer for all outstanding charges relating to this project. 7. The foregoing shall constitute Gaco Western's sole and exclusive liability in connection with the purchase or use of the system. 8. This warranty is void unless signed by an authorized representative of Gaco Western, applicator, and owner. Signatures constitute acceptance of all terms and conditions of the warranty that will be effective as of completion date. 9. If water leaks are detected, the owner shall immediately verbally notify Gaco Western and the applicator and confirm it in writing within 7 days of the discovery. This warranty will be terminated automatically if the leaks are detected. and Gaco Western is not notified and/or Gaco Western's instructions are not followed. MANUFACTURER GACO WESTERN'S INSTALLING APPLICATOR OF RECORD GACO WESTERN FRANKLIN & SON INC. 1245 Chapman Drive 12382 W. Highway 62 Waukesha, WI 53186 Farmington, AR 72730. By: By: Title: Director, Technical ervices Titlelll ?eY? r-r, r, Pigse r Date: 05,ZZ-aC>1"�?— OWNER CITY OF F YETTEVI AR By: WL� Title: Mayo( Dale: Date: G _ Q' e� K/10 No. GW-10006 TEN YEAR LABOR AND MATERIAL MEMBRANE WARRANTY GACOFLEX SILICONE ROOF COATING SYSTEM Project Name: 4568 South School Avenue Address: 4568 South School Avenue Fayetteville, AR 72701 Specification: MR-22-GF21 Area: 20,000 Square Feet Date of Completion: April 27, 2017 Gaco Western warrants to the owner that the GacoFlex Coating System applied on this project will remain watertight for a period of 10 years from the completion date. If, upon Inspection, the manufacturer determines that water leaks into the structure are due to failure of the GacoFlex liquid coating system, except as expressly excluded herein, during the first 5 years, the manufacturer for its part will supply coating and the applicator for its part will supply any additional material and install repairs without cost to the owner. If failure occurs in the succeeding 5 years, the manufacturer shall provide coating material and reimburse the original applicator or a Gaco Western qualified applicator for making repairs of defects. Gaco Western requires periodic inspections of the installation which includes a 5 year joint manufacturer, owner and applicator warranty transfer inspection. Any repairs that are, in the opinion of Gaco Western, necessary to insure satisfactory performance of the installation will be made under the terms of the warranty. Gaco Western has the right to inspect the system when deemed necessary and make repairs due to physical damage caused by the conditions listed below at the owners authorized expense. If the owner does not authorize such action in writing within 7 days of being requested, the warranty will be automatically terminated. CONDITIONS: 1. This warranty does not apply to damage to the coating or foam substrate by structural movement, physical abuse, failure of the structure or substrate, vandalism, modifications to the roof, windstorm, lightning, hail, plant life, animal fife, or other casualty. 2. Liability.ceases if mandatory inspections are not made or if any alterations, additions or repairs (excluding emergency repairs) are made except In accordance with specific written instructions from Gaco Western. 3. Neither the applicator nor the manufacturer is liable in any respect for consequential damage to the structure or its contents resulting from defects in the roof covering. 4. This warranty does not cover discoloration or dirt accumulation on the coating. 5. This warranty may only be transferred to a new owner by notifying Gaco Western in writing if use of the building is the same or if written approval of the new use is obtained from Gaco Western. TEN YEAR LABOR AND MATERIAL MEMBRANE WARRANTY GACOFLEX SILICONE ROOF COATING SYSTEM Project Name: 4568 South School Avenue Warranty Number: GW-10006 Page Number 2 6. This warranty becomes effective as of the date of completion provided payment in full has been made to both applicator and manufacturer for all outstanding charges relating to this project. 7. The foregoing shall constitute Gaco Western's sole and exclusive liability in connection with the purchase or use of the system. 8. This warranty is void unless signed by an authorized representative of Gaco Western, applicator, and owner. Signatures constitute acceptance of all terms and conditions of the warranty that will be effective as of completion date. 9. If water leaks are detected, the owner shall immediately verbally notify Gaco Western and the applicator and confirm it in writing within 7 days of the discovery. This warranty will be terminated automatically if the leaks are detected and Gaco Western is not notified and/or Gaco Western's instructions are not followed. MANUFACTURER GACO WESTERN'S INSTALLING APPLICATOR OF RECORD GACO WESTERN FRANKLIN & SON INC. 1245 Chapman Drive 12382 W. Highway 62 Waukesha, WI 53186 Farmington, AR 72730 By: l� rsL ►.,ad�e��vQ By:� Title: Director, Technical Services Title: t �r 7'.C-rQ Date: p S . Q S - -Ott Date: Co , (q , or) OWNER CITY OF P�`AYETTEVILLE AR/ ByC..)l; /yl w— r Title: Mayor Date: LVA9-1 I Franklin and Son, Inc. - CO # 1- Res 36-17 City of Fayetteville Staff Review Form 2017-0656 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Aviation / Summer Fallen 11/9/2017 Transportation Services Department Submitted By Submitted Date Division / Department Action Recommendation: Staff requests approval for the Aviation Division to execute Change Order 1 totaling $13,063.00. This change order will include a few work items that were not included in the original insurance settlement and were added following the project's final inspection. Change Order 1 fits within the contingency set in Resolution 36-17. 5550.760.3960.5400:00 Account Number 13025.1602 Project Number Budgeted Item? Yes Budget Impact: Buildings and Grounds Maintenance Fund i Airport Roof Replacement Project Title Current Budget $ 13,063.04 Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment 1 13,063.04 l $ 13,063.00 Remaining Budget ($ 0.04 V20140710 Previous Ordinance or Resolution # 36-17 Original Contract Number: Approval Date: Comments: Please refer to Legistar item 2017-0043. CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff FROM: Summer Fallen, Airport Services Manager DATE: November 7, 2017 SUBJECT: Change Order STAFF MEMO RECOMMENDATION: Staff requests approval for the Aviation Division to execute Change Order 1 totaling $13,063.00. This change order will include a few work items that were not included in the original insurance settlement and were added following the project's final inspection. BACKGROUND: As a result of an insurance claim that was filed in May 2015, the airport executed a task order with Garver to perform a comprehensive roof evaluation of all buildings on the airfield on October 6, 2015. At the completion of lengthy negotiations with the insurance company, approximately $458,000.00 in settlement was awarded to the City for roof repairs on five buildings on the airfield. A.task order for Garver to perform the bid package development, bidding services, and construction phase services was executed on November 1, 2016 and the project was advertised on December 12, 2016. The construction contract with Franklin & Son, Inc of Farmington, Arkansas was approved with a project contingency of $79,374.00. DISCUSSION: During the final inspection, several items not included in the original insurance settlement were identified by City staff and Garver. Below is a summary of the work items included with this change order. An exhibit illustrating the locations of each work item is included in this packet. • Installation of ice shields o In order to provide maximum safety for airport customers, ice shields will be installed above_ key ingress/egress points for the terminal. • Installation of gutters o Gutters in poor condition located above the primary entrance to the airport from the terminal apron will be replaced with a new gutter and downspout system. • Install membrane inside existing interior gutter system Existing interior gutter system is leaking and if not addressed may cause damage to the exterior of the terminal building. The contractor will install a membrane on the interior of the gutter system to avoid the significant cost of full replacement of the interior gutter BUDGET/STAFF IMPACT: Approval of Change Order 1 will leave a project contingency balance of $66,311.00 Attachments: Staff Review Form, Change Order 1, Change Order Exhibit Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 2049 E Ju7N BNd Suite 40D FayelleWle, M 72703 TEL 479521.9f00 FAX479521.9101 r .OmvniUSAc Construction Contract Change Order Project: Change Order No. 1 FYV Airfield Roof Rehabilitation ` Fayetteville - Drake Field Date Prepared: 111212017 Garver Job No. 16041211 Prepared by: Ben Perea, Garver Owner: Contractor: City of Fayetteville Franklin & Son, Inc. 113 West Mountain Street 12382 W Hwy 62 Fayetteville, AR 72701 Farmington, AR 72730 Description of Work Included In Contract Rehabilitation of 5 building roofs at Fayetteville - Drake Field Airport Changes and Reasons Ordered (List Individual Changes as: A, B, C. D, etc.) - A. Additional work items that were not included in the Insurance settlement Attachments: Bid Bid Unit Original Contract Revised Revised Original Revised Contract Item Item of Contract Unit Estimated Unit Estimated Estimated Chan es No. Description Measure Quantity Price Quantity Price Cost Cost A. C0-01.1 Ice Shiotd Installation LS 0 S0.00 1 $7.633.00 $0.00 $7 633.00 A. CO-01.2 Guaar Installation LS 0 $0.00 1 S1.500.00 $0.00 $1.500.00 A. CO.01.3 internal Guner Repair LS 0 $0.00 1 $3.930.00 SO.00 S3.930.00 Summation of Costl $0.00 1 $13,063.00 Net Cost for this Change Orderl $13,063.00 'Estimated Project Cost Time Change Estimated Project Cost Original Contract Start Dale Original Contract Time (calendar days) April 11. 2017 -180 Original Contract Amount $378,263.00 This Change Order $13,063.00 Additional Calendar Days granted by this Change Order 0 New Contract Amount $391,316.00 New Contract Time (calendar days) 180 Contract Time Alloted for Completion Punchlist Items 30 New Construction Completion Date November 7. 2017 THIS AGREEMENT IS SUBJECT TO ALL ORIGINAL CONTRACT PROVISIONS AND PREVIOUS CHANGE ORDERS ISSUED FOR REASONS Digitally signed by Adam INDICATED ABOVE ./-Fr�.Mil� l White o, Engineer: Garver /mil l Date:2017.11.03 13AGA5-0500' Project Manager 1 9 11/3/17 Engineer's 51gnature Title Date ACCEPTED BY CONTRACTOR M �reclafs / %✓ (s)Q'Di ' r a Title_ Data APPROVED BY OWNER6>1� .I1 Mayor -City of Fayetteville A OwWs S' taiure Title Date LWr Dmaere. 9202017 9:11:38 AM WORKSPACE: Gerver 2012 R:1AvlationlAirperts\Amansas\FYV - Drake FielolMISOParking Lot Up9mdes\DravAngfferminal Rml.Ggn INSTALL ICE SHIELDS INSTALL GUTTERS INSTALL EPDM MEMBRANE IN �1 EXISTING INTERIOR GUTTER mSYSTEM �m m m I D C • a a r M r H m —r-A — REMOVE EXCESS TRIM ' tit`- ` l SECURE GUTTER _ ��.��.,w STRAPS ti m REPAIR GUTTER i ♦`t' P �' �7t.,, rR � ♦`1,( 1 � i '+� ,^r. .I /Ju' ♦ � ..�-ter..-w`r.••.-�. �{_* ^ay ., .. i • r jr STRAIGHTEN RIDGE CAP tr ��w. .v r n �♦ Z r. e c En m m c1 mm c OD • i t :,-i x lY•♦r Cr, t, �. AF 3i , t .t �8.• • • ♦ v 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 36-17 File Number: 2017-0043 FRANKLIN AND SON, INC.: A RESOLUTION TO AWARD BID NO. 17-21 AND APPROVE A CONSTRUCTION CONTRACT WITH FRANKLIN AND SON, INC. OF FARMINGTON, ARKANSAS FOR THE AIRFIELD ROOF REHABILITATION PROJECT AT DRAKE FIELD IN THE AMOUNT OF $378,253.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $79,374.00 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 No. 17-21 and approves a construction contract with Franklin and Son, Inc. of Farmington, Arkansas for the Airfield Roof Rehabilitation Project at Drake Field in the amount of $378,253.00, and further approves a project contingency in the amount of $79,374.00. PASSED and APPROVED on 2/7/2017 Page 1 Attest: Sondra E. Smith, City Clerk T`,�aastnnr;i, on 218117 City of Fayetteville Staff Review Form 2018-0065 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wade Abernathy 1/19/2018 FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: Budget Impact: 5550.760.3940.6999.00 AirPort Account Number 13025.1602 Project Number Budgeted Item? NA Fund Airport Roof Replacements Project Title $ 63, 907.00 $ _ 63,907.00 Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget F$ 63,907.00 V20140710 Previous Ordinance or Resolution #a 2017-0043�jLQ- I Original Contract Number: Bid 17-21 Comments: Current Budget Funds Obligated Current Balance Approval Dater 3 ' CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Paul Becker, Chief Financial Officer/Director Internal Services STAFF MEMO FROM: Wade Abernathy, Division Manager Facilities & Building Construction DATE: ...January19, 2018 SUBJECT: Request Mayor's Signature on manufacturer's roof Warranty for Drake Field Terminal Building. RECOMMENDATION: Staff recommends the Mayor Sign the attached manufacturer's warranty for the terminal building. BACKGROUND: The terminal roof replacement was a part of.contract 17-21 with Franklin & Sons Inc. related to the insurance roof rehab project. DISCUSSION: The mayor's signature is required to fully execute the manufacturer's 20-year weathertightness warranty BUDGET/STAFF IMPACT: N/A Attachments: Central States Standard Weathertightness Warranty Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CENTRAL i 4 STATES MANUI>ACYUPING. WC. CENTRAL STATES MANUFACTUI...., ... TERM: Twenty (20) years STANDARD WEATHERTIGHTNESS WARRANTY AGREEMENT PLATINUM (NDL) COVERAGE THIS LIMITED WARRANTY AGREEMENT issued November 21, 2017("Date of Issuance") sets forth the complete understanding and agreement with respect to the following: _O_WNER..City_ofFayetteville,_Washington.County., Arkansas PROJECT: Drake Field Airport PRODUCT: Central Span over decking design CUSTOMER/INVOICED TO: ABC Supply; Bethel Heights, AR #476 (CSMI Acct# 18129) CONTRACTOR/ERECTOR: Franklin and Sons Inc., 12382 W Hwy 62, Farmington, AR 72730 ORDER NUMBER(S): 30989489, 31003767, 3104377, 31017721, 31021883, 31029615, 31039149, 31046611,31055924 WARRANTY INVOICE DATE: 11/21/2017 (31055924) DATE OF SUBSTANTIAL COMPLETION: October 1, 2017 Central States Manufacturing Inc. ("CSMI') and the Roofing Contractor identified below ("Contractor" or "Roofing Contractor") severally extend this 20 (twenty) Year Elite' Weather Tightness Warranty for the metal roofing panels and related hardware ("Roofing System") as manufactured by CSMI and installed on a building or buildings (`Building") for the original Project identified above ("Project") for the original Building owner identified above ("Owner") subject to the terms, conditions and limitations set forth in this Document. No terms or conditions other than those stated herein, and no agreement or understanding, oral or written, purporting to modify these terms or conditions, shall be binding on CSMI or the Customer unless hereinafter made in writing by CSMI. In consideration for the Owner agreeing to the terms herein as the sole basis of the agreement, CSMI and the Contractor warrant that CSMI's materials and the Contractor's workmanship, separately, on the Project, subject to the terms and conditions set forth in this document, will be adequate to prevent leaks through the Roof System for a period of 20 (twenty) years commencing with the Date of Substantial Completion (as defined herein). In the event of leaks, this Warranty will be fully satisfied by repair or replacement of the Roof System, and any such repairs or replacements shall carry a similar Warranty against leaks only for any remaining balance of the original Warranty period and liability limits. This Warranty is not an insurance policy or maintenance agreement. The Owner has the sole responsibility to perform routine inspections and maintenance of the Roof System on a regular basis. There shall be no liability or responsibility on CSMI under or in connection with this 20 year weather tightness warranty or Roof System in any one or more of the following shall occur; A. Failure by the Roofing Contractor or any Contractor or Subcontractor to follow Manufacturer's recommended installation instructions or approved specifications or drawings for the layout, design, components/accessories, and erection of the Roof System. It shall be the Roofing Contractor's sole and exclusive responsibility to strictly follow Manufacturer's recommended installation instructions or approved specifications or drawings for the layout, design and erection of the Roof System. B. if any panels or other parts are installed in a manner that does not permit drainage of water from all surfaces. C. If any panels or other parts are installed to allow water to cascade on any part of the roof system. D. If roof jacks and curbs are not preapproved by Manufacturer. E. If any flashings, roof penetrations or accessory details are modified without the written approval of Manufacturer. F. Failure to use long life fasteners in all exposed applications G. The improper use of seaming equipment or the use of seaming equipment obtained from a third party without the proper model roof seamer for that roof panel model may result in all warranties being void- and the engineering data for the roof panels and or system being invalid. There shall be no liability or responsibility on CSMI or the Contractor for any leakage or damage to the .Roof System caused by or associated with: A. Corrosion or deterioration caused by exposure to marine (salt water) atmosphere; moisture containing salt from atmospheric conditions; constant spray of any type of water; condensation of water vapor; drainage from rooftop equipment including venting stacks; or corrosive chemicals such as ash or fumes generated from chemical plants, foundries, plating works, kilns, fertilizer factories, paper plants, and the like. B. Alterations to the Project or Roof System without prior written approval and authorization of such alterations from CSMI. C. Ventilators, skylights, internal or valley gutters, flashings or penetrations of the Roof System associated with signs, vents, equipment or other causes unless specifically shown and detailed on the Construction Drawings. D. Damage to all or any part of the Roof System caused by acts of God or unspecified natural disasters such as but not limited to lightening, hail, fire, explosion, earthquake, winds in excess of those specified, accidents, vandalism, falling objects, civil commotions, terrorism, acts of war, or any other cause outside the direct control of CSMI. E. Conditions that block the drainage or free flow of rainwater or snow or ice melt, or allow or encourage ponding or standing water, or allow or encourage uncontrolled drainage onto any part of the Roof System. F. Inadequate vapor barriers or lack of adequate ventilation of attic spaces. G. Roofing underlayment that have granular or abrasives surfaces that can abrade any portion of the Roof System. H. Lack of regular, normal, or routine care in maintaining the Roof System including, but not limited to, Bi-Annual roof inspections and retaining those inspection reports for the full period of the warranty. In the event of a leak in the Roof System, both CSMI and the Contractor must be notified in writing within 10 days (Central States Manufacturing Inc.; Building Services Group 302 Jane Place Lowell, AR 72745). The Owner must allow representatives of CSMI and the Contractor reasonable time and opportunity to inspect the Roof System. CSMI shall, at its sole option, have the right to specify the repair work for stopping the leak, and reserves the rights to undertake, supervise or approve the repair work. Owner agrees to reimburse CSMI for all reasonable investigation costs incurred by CSMI for leaks not Warranted hereunder. Failure of Owner to properly notify or reimburse CSMI releases CSMI from any further liability under this agreement. The Roofing System, if found to be defective in material, will be repaired, restored, or replaced at CSMI's discretion. CSMI reserves the right to discontinue items in its product line or offering. Should the product covered under this Warranty be discontinued, CSMI shall have the right to substitute a product of equal quality at its sole discretion. It is understood that normal exposure to the elements may preclude a perfect color or finish match with replacement material. The Warranty on repaired, restored, or replaced products supplied hereunder shall be for the remainder of the original Warranty period. This Warranty Agreement shall be null and void if CSMI's details and specifications are not followed in performing any installation, repair, restoration, or replacement work covered by this Warranty Agreement. Any attempts by the Owner or Contractor to repair leaks with exterior sealing, such as surface caulk or coating, voids this Warranty. This Warranty Agreement is tendered for the sole benefit of the original Owner as named above and is not transferable or assignable. This Warranty Agreement becomes valid only when signed by the original Owner, the Contractor, and an authorized representative of CSMI, and consideration is paid in full for the Warranty. This Warranty Agreement shall not apply and shall be null and void and of no effect if CSMI, Customer, and the Contractor have not been paid in full for all their materials and/or services provided for the Project. The "Date of Substantial Completion" is hereby defined as the earlier of (i) the date of the Owner's certificate of substantial completion for the Building or the Project, (ii) the date of the Owner's certificate of occupancy or actual occupancy of the Building or the Project, or (iii) six (6) months after the Date of Issuance of this Warranty Agreement. The Limited Warranty set forth in this document shall be CSMI's and the Contractor's sole warranty and shall be in lieu of all other Warranties, expressed or implied, which are hereby disclaimed and excluded including without limitation any implied Warranty of merchantability or fitness for particular purpose or use and all obligations or liabilities on the part of CSMI or the Contractor for damages arising out of or in connection with the use, repair, or performance of the building, the project or the Roof System. Liability under this Warranty Agreement shall be limited to the actual cost of the warranty repair work, subject to the limitations set forth herein. The sole and exclusive remedies for breach of this Warranty and the liability of any kind (including liability for negligence and including any claim of cause of action) with respect to the building, the Project and the Roof System shall be limited to its repair, restoration, or replacement at CSMI's option and at CSMI's discretion. The liability of CSMI and the Contractor shall not exceed the aggregate total cumulative liability under the -term of this contract and is limited to; (i) Manufacturer for No Dollar Limit per square foot for Roof System materials provided and (ii) to the Roofing Contractor for the original cost of the installation of those materials. It is expressly agreed that the remedies under this agreement shall be exclusive. The Owner is responsible for selecting the Contractor, ensuring the Contractor is qualified to erect the Roof System, and ensuring the Owner selects a Contractor that will be solvent for the duration of the Warranty period. The Roofing Contractor shall cause the Manufacturer Roof System to perform in a manner which does not allow intrusion of water from the exterior of the Manufacturer Roof System into the building envelope, for the term of this Warranty. In addition, the Roofing Contractor shall have the sole and exclusive responsibility to correct all erection and/or installation deficiencies in the Manufacturer Roof System for the entire duration of the Warranty period. Roof System is defined as the Manufacturer furnished panels, flashing and related items used to fasten the roof panels and flashing to the roof, structure (including roof jack and curb attachments preapproved, in writing, by Manufacturer). •The�Manufacturer may provide the Roof System as a whole or a portion thereof. In the event of a partial'Roof System being provided by CSMI, only that portion of the Roof System is covered under this Agreement. In no event shall CSNII or the Contactor be liable for any special, punitive, incidental, indirect, or consequential damages or losses even if CSMI or the Contractor shall have been advised of the possibility of such potential loss or damage, with respect to the project, the O wrier, the building, the building's contents or other material, and/or claims of third parties, whether based upon contract warranty, tort (including negligence), strict liability or otherwise. The respective responsibilities of CSMI and the Contractor shall be as follows: Contractor shall be solely liable for leaks in the Roof System due to erection issues. Weather infiltration caused by workmanship or improper installation of Roof System materials is the sole responsibility of the Contractor and for all such costs and expenses of repair, restoration, or replacement of the Roof System as covered hereunder. CSNII shall be solely liable for leaks of the Roof System caused by defects of materials manufactured or provided by CSMI only. .. .1 ............... So long as the workmanship and installation of the Roof System are proper. CSMI'S total cumulative liability at all times shall not exceed the cost of the Roof System materials for the roofing materials provided by CSNII only. CSNII's course of dealing or forbearance from or delay in the exercise of any of CSMI's rights contained in this Warranty Agreement shall not be construed as a waiver by CSNII, unless any such waiver is in writing and signed by an authorized representative of CSNII. The provisions contained in this Warranty Agreement may not be amended, except through a written amendment which is signed by CSNII, the Contractor, and the Owner. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof. The laws of the State of Arkansas shall govern the construction, interpretation, and performance of this Agreement. The parties consent to the jurisdiction of the courts of Arkansas over their person and the Agreement and agree that the forum for such any litigation to interpret or enforce this Agreement, regardless of which party brings suit, shall be in the State of Arkansas. In the event that any provision of these terms and conditions shall be deemed illegal, unenforceable, or null and void, all remaining provisions shall remain in effect. ACCEPTED AND AGREED TO BY: Orieinal Owner (End User): Company/Entity Name and Tax ID Number: Date: I A, 4 Contractor/Erector: Company Name and Tax ID Number: ,yj- I } 1, h and So, E, 71-- �� Signature o ihorized. Rel)resi ntative: v Printed Name and Title: Date: ......... ..... _ _...- --... _....._..:. —..... Distributor (Material Invoiced to): Company Name and Tax ID Number`: G• _ C Si me of Authorized p niaf lJ✓ Printed Name a d Title: Date: / �t Central States Manufacturine Inc.: Printed Name and Ti le Date 1-,? --- 18 4 CENTRAL STATES MANUFACTURING. INC. Owner's Responsibility Owner's Bi-Annual Inspection Checklist Warranty Guidelines & Procedures Lowell, AR Michigan City, IN Cedar Hill, TX 800-356-2733 800-638-2565 800-210-8305 www.centraistatesmfg.com pages 2-5 pages 6-7 page 8 Jasper, AL Mount Airy, NC 866-270-6608 877-813-2111 0 CENTRAL STATES MANUFACTURING. INC. OWNER'S RESPONSIBILITY FOR MAINTENANCE AGREEMENT As an owner, you have invested a large portion of your time and financial resources into selecting a metal roof. With this large investment comes the added responsibility of making sure that you and those you may employ maintain the roof in a manner that will provide you with years of leak -proof protection. All roofs, metal or shingle, require periodic maintenance. Obviously, an expert should perform any complex repair or addition; however, there are certain items that any owner can perform in order to maintain his roof in excellent condition. PERSONAL SAFETY Safety is the top priority for Central States Mfg. and for you, the owner. Walking on any roof can be dangerous. Always use some method of fall protection that is approved by OSHA arid any regulatory agency responsible for your building. Failure to provide the required safety equipment can result in serious injury or death. In addition, you may be subject to monetary fines for noncompliance. Always use extreme caution when working on any roof pitch. Be especially aware of steep slopes, near all edges and any wet, icy, or snow covered roof. It is your responsibility as an owner or employer to make sure that your maintenance personnel is adequately trained in safety procedures and that all safety equipment is in proper working condition. During the roof inspection, remember to take the following precautions: 1. Use fall protection and all required safety equipment. 2. Never walk on eave or rake fiashings, gutters, hip or ridge flashings. 3. Never walk on any skylight or fiberglass type panel. These items are not designed for the weight of a person. 4. Rope off any open roof areas, or post a guard at each of these locations to prevent accidental injury. ROOF MAINTENANCE For Central States Mfg. to continue to provide the warranty, the owner shall perform regular inspections for his roof. These inspections must meet the following criteria: Inspect your roof system bi-annually. These roof inspections must be documented. A form is provided in this Owner Maintenance Agreement. Immediately notify Central States Mfg. and the installer of any leaks or potential areas of concern. If repairs are required, either under the coverage of the warranty, or repairs that are made necessary by the owner, engage a certified installer to perform the repairs. Failure by the owner to adhere to these requirements may void the warranty in place for their roof system. The roof system in place on the owner's building is designed for years of protection. However, no roof is "maintenance free". All roof systems are exposed to sever weather and require periodic inspections and maintenance. To maintain your roof in a serviceable manner, Central States Mfg. suggests that you establish a vigorous and comprehensive maintenance program. Lowell, AR Michigan City, IN Cedar Hill, TX 800-356-2733 800-638-2565 800-210-8305 www.centralstatesmfg.com Jasper, AL Mount Airy, NC 866-270-6608 877-813-2111 0 CENTRAL STATES MANUFACTURING. INC. OWNER'S RESPONSIBILITY FOR MAINTENANCE AGREEMENT Regularly scheduled maintenance is mandatory, as discussed previously. In addition to these inspections, your roof should be inspected after any of the following: 1. Fire, vandalism, or damage from any adjacent roof area. 2. Sever weather, such as high winds, hail, heavy rain, ice or snowstorms. There are certain items to check after each of these weather conditions. Following high winds, check for debris from other structures or trees, look for loose flashings, roof sheets, fasteners, or punctures from falling objects. After a hailstorm, inspect the roof for punctures, damaged or loose flashings and loose fasteners. Following unusually heavy rains, check roof for clogged gutters or any "ponding" water. All curbs, roof ... penetrations, and special trim or Flashing condi'66ns should be thoroughly inspected to insure that water is not trapped or ponding around these areas. After heavy snow or ice storms, check all pipe protrusions, vents, and stacks for damage from sliding ice and snow. In general, "walk the roof" looking for loose or missing fasteners or anything out of the ordinary. . 3. Access by other individuals for any reason. Untrained individuals can and do cause damage to roof systems, mostly it is unintentional, but just as damaging. Inspect the roof looking for any chemical or solvent spills, scratches in the finish of the panel, bent or depressed panel areas from excessive walking, or punctures from dropped tools or equipment. Clean off any debris or scrap material left behind from the workers. Never allow "hot saws", cutting torches, or welding equipment to be used on unprotected roof panels. Require all workers to immediately sweep, vacuum, or otherwise clean drill shavings, wire scraps, and all metal scraps from the roof surface. When possible, establish a "cutting and drilling" area to avoid tracking the shavings and scrap all over the roof. Should it be necessary to use mortar or concrete on the roof panels, the panels must be protected to avoid any chemical reaction from the mortar or'concrete. Should these items be exposed to the roof, they must be immediately cleaned from the affected panels by flushing and scrubbing with clean water. Should solvents or chemicals be spilled on the panels, immediately clean with a mild detergent and flush with clean water. PROTECTING YOUR INVESTMENT Keep all foot traffic to a minimum. Only walk on the roof when absolutely required. If heavy foot traffic is anticipated, install properly designed and installed "walkways". Heavy and excessive foot traffic will cause ponding on low slope roofs, particularly at the eave and at all endlaps. NEVER walk or step on the panel ribs. Walk only in the flat of the panel. Always attempt to stay near a roof support member when walking the roof. To minimize foot traffic, keep all roof hatches, access ladders and roof access points securely locked at all times. Allow only properly trained and authorized personnel on the roof. If untrained personnel must be on the roof, make sure authorized personnel accompany them. Finally, maintain a "Roof Access Log" to track all individuals that have been on the roof. The roof system was designed to drain water. It is imperative that the roof performs this important function properly. Avoid the following items that could hinder proper water drainage. 1. Never allow structures to be installed on the roof that will cause water to be trapped or to pond. 2. Never allow debris to collect on the roof or in the gutter that will prevent water from quickly draining from the roof. 3. Never allow wood blocking to be used for equipment supports, as this will block the flow of water. In addition, chemically treated wood contains salts or copper sulfates and will eat through the roof. 4. Never allow water from one roof to fall freely onto a lower roof. Lowell, AR Michigan City, IN Cedar Hill, TX Jasper, AL Mount Airy, NC 800-356-2733 800-638-2565 800-210-8305 866-270-6608 877-813-2111 www.centralstatesmfg.com CENTRAL STATES MANUFACTURING, INC. 5. Never allow air conditioning units condensate to drain onto the roof. Condensate contains dissolved copper and will cause galvanic corrosion. Always specify PVC pipe for drainpipes on HVAC units. 6. Never allow anything to collect or trap water between that object and the roof panel, as this will cause corrosion and panel failure. In heavy snow and ice areas, the owner should pay particular attention to his roof following storms. Excessive snow should be removed immediately to prevent damage and ice damming. Never use mechanical means to remove snow. Do not use metal tools to remove snow or ice. Exercise extreme caution around all pipes, stacks and vents. Always be aware of the position of skylights. Remember, skylights will not support the weight of an inivl ua .. _........ ....................................... ... ... ..._ .. If it is necessary to add equipment, pipes, vents, stacks, curbs or HVAC units to the roof, the manufacturer prior to any work commencing must approve of these items in writing. All attachments to the roof must also be approved by the manufacturer in writing prior to the attachment. As mentioned elsewhere in this agreement, dissimilar metals and certain chemicals can be extremely harmful to your roof. Never allow metals such as copper, lead or graphite to contact your roof. Failure to protect your roof from these metals will cause your roof to deteriorate and void all of the security warranty. Areas most likely to have this contact include lead hats for plumbing vents, copper lightening rods, copper trim, existing copper gutters allowed to drain onto your new roof, and as previously stated HVAC condensate. Proper maintenance of your roof coating is very important to maintain the new appearance of the coating. Black smudges on bare Galvalume are very difficult to remove. Formula 409 is marginally effective at removing them. Avoid wearing black -soled shoes that mark when walking on the roof. Note, no product will remove all of the mark once it is on the panel. Harsh chemicals or solvents may damage the panel finish and the panel itself. Rust is a common problem that can occur on any metal surface. The use of Soft Scrub is marginally effective at removing minor rust stains. Should the rust persist, contact the manufacturer for a consultation on the cause of the problem. Periodically your roof paint may become scratched. Should this occur, clean the area with mineral spirits. Rinse completely with water and allow to dry. Using paint supplied from the manufacturer of the panel, apply a minimum amount of paint to cover the scratch. MAINTENANCE GUIDELINES Do: • Regularly inspect your roof • Always walk in the panel Flat and near the roof panel supports • Remove all debris from the roof and the gutter to allow proper water drainage • Inspect roof for damage after heavy storms • Provide written instructions to workers on ways to guard against roof punctures • Promptly remove heavy snow and ice • Seal any penetrations with urethane sealant • Obtain written permission from the manufacturer prior to any roof modifications • Develop and implement a regular maintenance program for your roof Lowell, AR Michigan City, IN Cedar Hill, TX 800-356-2733 800-638-2565 800-210-8305 www.centralstatesmfg.com Jasper, AL Mount Airy, NC 866-270-6608 877-813-2111 CENTRAL STATES MANUFACTURING, INC. Don't: • Neglect your roof • Stand or walk on high ribs or unsupported panels or trim • Let storm debris or other debris collect on the roof • Let storm damage go undetected and risk additional damage to the roof and the building contents • Allow metal tools to be used on the roof for snow and ice removal • Use any roof coatings, butyl caulk, or silicone caulk, not approved by the manufacturer on the roof • Allow minor modifications or additions, such as TV dishes, to be installed and assume they will not cause a problem • Never iise 44h c plated or carbon sEeel fasEeners • Allow rust to continue to appear without determining the cause As a condition cAf Central States Mfg. issuing the warranty, the owner must attest to the fact that he has read and understands t 's document. By signing, the owner hereby acknowledges that he has read and understands this and all docu nts,relati"-f"o—t�e manufacturer's warranty program. Owne s signature Date Manufa er's represe ative Date Lowell, AR Michigan City, IN Cedar Hill, TX 800-356-2733 800-638-2565 800-210-8305 www.centralstatesmfg.com Jasper, AL 866-270-6608 Mount Airy, NC 877-813-2111 CENTRAL STATES MANUFACTURING, INC. Twice each year for the complete term of the warranty issued by Central States Mfg., this report must be completed and remain on file at the owner's building. Check the areas listed below for weather tightness, loose or missing fasteners, proper sealant adhesion, and drainage, any slotting of metal around fasteners, material fatigue and corrosion. Tie-in to adjacent roof ❑ Okay ❑ Needs Repair Panel End Laps ❑ Okay ❑ Needs Repair Ridge Flashing ❑ Okay ❑ Needs Repair Rake Trim ...................... _..._._..............__. _. ❑0kay .._........❑ Needs Repair Eave Trim ❑ Okay ❑ Needs Repair Roof -to -Wall Flashings ❑ Okay ❑ Needs Repair Exterior Gutter ❑Okay ❑ Needs Repair Parapet Gutter ❑ Okay ❑ Needs Repair Valley Gutter ❑ Okay ❑ Needs Repair Valley Flashing ❑Okay ❑ Needs Repair Hip Flashing ❑ Okay ❑ Needs Repair Skylights ❑Okay ❑ Needs Repair Penetrations ❑ Okay ❑ Needs Repair Exhaust Fan Curbs ❑ Okay ❑ Needs Repair HVAC Unit Curbs ❑ Okay ❑ Needs Repair Roof Step Flashing ❑ Okay ❑ Needs Repair Other Panel appearance in general: ❑Good ❑ Stained ❑ Rusted If roof is less than good, please explain and attach photos to this report. Is water ponding on the panels? ❑Yes ❑ No If the answer is yes, please explain and attach photos to this report. Has debris collected on the roof or in the gutters? ❑Yes ❑No If yes, remove all debris and note on this report any damage caused by that debris. Attach photos to this report. Does it appear that the building has moved or settled? ❑ Yes ❑No If the answer is yes, please explain and attach photos to this report. Lowell, AR Michigan City, IN Cedar Hill, TX Jasper, AL Mount Airy, NC 800-356-2733 800-638-2565 800-210-8305 866-270-6608 877-813-2111 www.centralstatesmfg.com CENTRAL STATES MANUFACTURING, INC. I certify that the information herein contained is a true and accurate visual report of the roof panel condition that I have seen as of the date on this report. Inspector's signature Date . . . ......... .......... . .............. . . ...... . ..... ... . ...... .. ... Should repairs be required, please call the installer immediately. If the repair is covered under the terms of the warranty in place, Central States Mfg. will assist in making the required arrangements for the repair. If the roof problem is not within the scope of the warranty, the owner will be responsible for the repair costs. Note, all repairs must still conform and meet the requirements of the original manufacturer's details and the complete warranty contract documents. Please contact Central States Mfg. for any additional information. NOTE: Keep the completed report in a safe place. Should a claim be filed on your warranty, Central States Mfg. will require these reports. Lowell, AR 800-356-2733 Michigan City, IN Cedar Hill, TX 800-638-2565 800-210-8305 www.centralstatesmfg.com Jasper, AL Mount Airy, NC 866-270-6608 877-8 13-2111