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Home My WebLink About56-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 56-17 File Number: 2017-0125 BID NO. 17-25 ARKANSAS ROOFING KOMPANY CONWAY, INC.: A RESOLUTION TO AWARD BID NO. 17-25 AND APPROVE A CONSTRUCTION CONTRACT WITH ARKANSAS ROOFING KOMPANY CONWAY, INC. FOR THE CORPORATE HANGAR ROOF REHABILITATION PROJECT AT DRAKE FIELD IN THE _AMOUNT OF $109,841.00 WITH A PROJECT CONTINGENCY IN THE AMOUNT OF $12,659.10, CONTINGENT UPON RECEIPT OF A 90-10 GRANT FROM THE ARKANSAS DEPARTMENT OF AERONAUTICS 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. 17-25 and approves a construction contract with Arkansas Roofing Kompany Conway, Inc. for the Corporate Hangar Roof Rehabilitation Project at Drake Field in the amount of $109,841.00, and further approves a project contingency in the amount of $12,659.10, contingent upon receipt of a 90-10 grant from the Arkansas Department of Aeronautics. PASSED and APPROVED on 3/7/2017 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 r Text File File Number: 2017-0125 Agenda Date: 3/7/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 5 BID NO. 17-25 ARKANSAS ROOFING KOMPANY CONWAY, INC.: A RESOLUTION TO AWARD BID NO. 17-25 AND APPROVE A CONSTRUCTION CONTRACT WITH ARKANSAS ROOFING KOMPANY CONWAY, INC. FOR THE CORPORATE HANGAR ROOF REHABILITATION PROJECT AT DRAKE FIELD IN THE AMOUNT OF $109,841.00 WITH A PROJECT CONTINGENCY IN THE AMOUNT OF $12,659.10, CONTINGENT UPON RECEIPT OF A 90-10 GRANT FROM THE ARKANSAS DEPARTMENT OF AERONAUTICS 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. 17-25 and approves a construction contract with Arkansas Roofing Kompany Conway, Inc. for the Corporate Hangar Roof Rehabilitation Project at Drake Field in the amount of $109,841.00, and further approves a project contingency in the amount of $12,659.10, contingent upon receipt of a 90-10 grant from the Arkansas Department of Aeronautics. City of Fayetteville, Arkansas Page 1 Printed on 3/10/2017 Terry Gulley Submitted By City of Fayetteville Staff Review Form 2017-0125 f.egistar File ID 3/7/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/23/2017 Aviation / Transportation Services Department Submitted Date Division / Department Action Recommendation: Bid 17-25: Staff requests approval for the Aviation Division to accept the lowest qualified bid of $109,841.00, approve a 10% project contingency of $12,659.10, and execute a construction contract with Arkansas Roofing Kompany to complete the Corporate Hangar Roof Rehabilitation project at Fayetteville — Drake Field. Contract execution will be subject to receipt of a 90-10 grant from the Arkansas Department of Aeronautics. Budget Impact: 5550.760.3960.5400.00 Airport Account Number 13025.1 Project Number Budgeted Item? Yes Fund Airport Roof Replacements Project Title Current Budget $ 136,378.00 Funds Obligated $ - Current Balance Does item have a cost? Yes Item Cost $ 126,591.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget V201407 10 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF Ta , L CITY COUNCIL AGENDA MEMO ARKANSAS TO: Lioneld Jordan, Mayor THRU: City Council Members Don Marr, Chief of Staff FROM: Terry Gulley, Transportation Services Director Date: 2/23/2017 SUBJECT: Bid 17-25, Corporate Hangar Roof Rehabilitation Bid & Contract Approval RECOMMENDATION: Staff requests approval for the Aviation Division to accept the lowest qualified bid of $109,841.00, approve a 10% project contingency of $12,659.10, and execute a construction contract with Arkansas Roofing Kompany to complete the Corporate Hangar Roof Rehabilitation project at Fayetteville — Drake Field. Contract execution will be subject to receipt of a 90-10 grant from the Arkansas Department of Aeronautics. BACKGROUND: Last year, the Aviation Division commissioned a review of all roofs for city -owned buildings on the airfield. This review began after years of trying to maintain our 30+ year-old hangar roofs. Recently, our maintenance staff has been unable to stop leaks, as the source of the leaks has become more widespread across the roofs. These leaks are an inconvenience to our tenants, some of whom perform maintenance in their hangars. They are also a safety / slip hazard, and we have already had one claim against the City when a tenant slipped on a puddle in their hangar. DISCUSSION: The Aviation Division approached the Arkansas Department of Aeronautics to inquire about a grant that would fund the rehabilitation of hangar roofs. As a result of this inquiry, a bid package was developed for the rehabilitation of three corporate hangars on the airfield. The sealed bid process for this project has been completed and a total of four bids were received at the bid opening on February 14, 2017. Superior General Contractors, Inc. submitted the low bid on the project of $93,462.00, but withdrew their bid on February 22. Arkansas Roofing Company was the second low bidder with a bid of $109;841.00. The Engineer's Estimate for the construction cost was $175,000.00. A breakdown of the total expected project funding, including engineering, and construction observation, is included below. BUDGET/STAFF IMPACT: ADA: $113,931.90 City of Fayetteville: $12,659.10 TOTAL: $126,591.00 The Aviation Division will expend up to $25,318.20 of its fund balance reserve, $12,659.10, in order to match 10% of the total project cost, plus any additional Change Orders up to 10 % of the approved project budget, or $12,659 10. ATTACHMENTS: SRF SRM Purchasing Division Memo Bid Tab Lower Bid Docs/Contract Project Exhibit Mailing Address: 113 W, Mountain Street www.fayetteviile-argov Fayetteville, AR 72701 CITY OF a"y V931 AS TO: Andrea Rennie, Purchasing Manager FROM: Les McGaugh, Purchasing Agent DATE: Wednesday, February 22, 2017 SUBJECT: Low bid withdrawal on Bid 17-25 STAFF MEMO Superior General Contractors, Inc. has withdrawn its bid submittal for Bid 17-25, Construction — FYV Corporate Hangar Roof Rehab due to becoming aware of expenses that were not included with the bid submittal. The City has received formal written documentation from Superior General Contractors, Inc. for their withdrawal. The next low bidder, Arkansas Roofing Kompany Conway, Inc., has verified its bid price remains valid and has been contacted to provide a signed contract. Mailing Address: 113 W. Mountain Street www.fayetteviiie-ar.gov Fayetteville, Aft 72701 CITY OF FAYETTEVILLE, ARKANSAS CITY OF T° Bid 17-25, Construction - FYV Corporate Hangar Roof Rehab ay� � � a OFFICIAL'BID TABULATION Certification of Funds: $175,000.00 ARKANSAS BID OPENING: 02/14/2017; 2:00 PM Superior General Contractors Arkansas Roofing Kompany Bowser's Metal Roofing LLC Franklin and Son, Inc. Inc. UNIT UNIT UNIT UNIT ITEM ESTIMATED NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 South Delta Aviation Hangar Roof LS 1 $ 49,921.00 $ 49,921.00 $ 57,420.00 $ 57,420.00 $ 72,583.00 $ 72,583.00 $ 39,998.00 $ 39,998.00 Rehabilitation 2 A & P Facility Roof Rehabilitation LS 1 i $ 29,960.00 $ 29,960.00 $ 29,347.00 $ 29,347.00 $ 36,057.00 $ 36,057.00 $ 26,732.00 $ 26,732.00 3 - Wings Avionics Roof Rehabilitation L5 1 1 $ 29,960.00 $ 29,960.00 $ 33,103.00 $ 33,103.00 $ 40,740.00 $ 40,740.00 $ 26,732.00 $ 26,732.00 TOTAL BASE BID $ 109,841.00 $ 119,870.00 $ 149,380.00 $ 93,462.00 *Highlighting Notes Corrected Calculation Error CERTIFIED: z �- AnL R le, CPPO, CPPB, Purchasing Manager Witness Date 010600 - CONTRACT THIS AGREEMENT made this T 1 _ _ day of _- �A arch i 20 a- by and between Arkansas Roofing Kompany Conway, Inc. a Corporation organized and existing under the laws of the State of Arkansas 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 Corporate Hangar 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 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: Ninety (90) consecutive calendar days Final Project Acceptance: One hundred twenty (120) 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 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 executed 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 m. Project Exhibit F e :11111111115l Page Intentionally Left Blank 010600-2 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 other component part, the conflict shall be resolved by the Engineer whose decision shall be final. ARTICLE 5. Surety. The Surety on the Performance and Payment Bonds shall be a surety company of financial resources satisfactory to the Owner, authorized to do business in the State of the Project, and shall comply with applicable state laws. ARTICLE 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 Page Intentionally Left Blank 010600-4 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. Attest: Signature Print Name Contractor: Arkansas Roofing Kompany-Conway, Inc. OVA Attest: L'a" �• � c' i Signature ,j rrn ►r r Print Name ,y : •�� YO r FAYETTEVILLE ;�� r r s r "�kq i�5t'''•� �'.� 010600-5 0`7�$w By: 'SIgnaturrj wPhyd Print Name and Title l� • . _�1 /_ . �� I 010480 - BIDDER'S CHECKLIST OF REQUIRED ITEMS This Bidder's Checklist is provided to ensure all required forms are completed and returned as part of the bid submission. All forms must be included as indicated for a bid to be considered a complete, responsive bid. Appropriate signatures and date are required on each document. If an item is missing, the bid may be declared unresponsive and therefore rejected. This sheet will serve as the cover sheet for the bid submission. Spec. Description Completed* Section Acknowledgement of All Addenda 191- 'Bid Bidcontains the following forms: 010200 1. Insurance Coverages (Current Auto and Liability Insurance) 191- 010300 2. Bid Bond 11- 010400 3. Proposal (including Unit Price Schedule - if applicable) 10- 010420 4. Statement of Bidder's Qualifications Cl - 010440 5. List of Proposed Subcontractors C1 - *Check when filled out, signed, and included with submission of bid packet. Within ten (10) days after Notice of Award: Bidder acknowledges that within ten (10) days after Notice of Award, Successful Contractor is required to complete the following before execution and award of the contract: 010600 1. Contract (all pages and supporting documents) 010700 2. Performance Bond 010720 3. Payment Bond 010800. 4. Completed Certificates of Insurance Prior to Construction: Contractor required to submit Construction Schedule before construction begins. Seal (if incorporated) Bidder Name: Address: f5 l ck,1 City, State, Zip Code: AK 12o3Z Contractor Number: ( Contact Name: i � 0 �JLJ1 itj Title:epic%e�,-t- Contact Number:S-r_l—c f �� Contact Email: i V'L ff luNth , ar Eg�E] C3i/ng; Signature of Authorized Agent for Bidder: Date: 2- /C/— / 010480-1 I y ARKAN44 OP ID -1 LIC DATE IMMIDDIYYYYF _ CERTIFICATE OF LIABILITY INSURANCE 1012712016 THIS GERTIFiCATE 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 certiffrate holder is an ADDITIONAL INSURED, the policy(ies) must 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(sl. PRODUCER INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF `•'"'' s1A�se.�� [,arry L i5fnr,�de-- - THIS Ott Insurance, LLC P 0 Drawer 39 EXCLUSIONS AND CONDIT(ONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - PitSws 5f1127-fi711 twc rao, +y _ _t.LAFr _ jAp1-327-90+12 1 Conway, AR 72033 E`L ADDRE$sr flk1�0fYH"� kIrNDDNM I LIMITS Larry L. PUricade _ A X COMMERCIAL GENERAL LIABILITY } - ,�� . ........_-:-_IN511 RER�SIRFFOiWI1MG CQVE.RAGE_ p _ _ .. 0210712016 02107120171 IIRSURER A : American .Safety_ -RPS r,6210712071 LAIMS-MADE INSURED Arkansas Roofing Kornpa ly INSURERa: Riveq),0f}� ItISUIr$r1C@ �.`P'•NCt;l 1820 Old Morrilton Hwy «' _. IRsuREx c :Hanover ._...--_T4t84 Conway, AR 72032 I GCLrMRAX AGGREGATE S - _- . PRODUCTS. COMPIOP AGG - aZ,000 00 IHSIIRER Dr _.__...... --__.._._. _._..---'------------ . __--- _...._ .. i AUTOMOBILE LIABILITY t 1 - INSURER E 1.000,00 LLANY AUTO 1 AWTA774752-01 11110412016 i 1 110 412 01 7„ BODILY INJURY IP4 person INSURER F: N ...---- •m ' aODILY IIaJUR`r IPm aaidcnrp 5 f A1l✓±II7 A!'2Ff¢ f!FDYICf/`h FF AN 111AC1vo- Pl=m CIrim mi 11moco. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BCLOW 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 CONDIT(ONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POY0 NUMBER flk1�0fYH"� kIrNDDNM I LIMITS _ A X COMMERCIAL GENERAL LIABILITY } - 'EACHOCCURREVC€ S 1,0011,00 '-7 OCCUR iIGOiC00T479.02 0210712016 02107120171 r,6210712071 LAIMS-MADE «' PERSONAL s ADV INJURY 3 _ 1,000,00 GEPL AGGvRECjATE LIMIT APPLIES PER j � I GCLrMRAX AGGREGATE S 2,000 00. - -r ' POLICY JflF.CT LOC 9 , PRODUCTS. COMPIOP AGG - aZ,000 00 ' QTriER 1 _ _ _...._ .. i AUTOMOBILE LIABILITY t 1 - COMBINED SINGLE LiMFir- Eaxr+enik i = 1.000,00 LLANY AUTO 1 AWTA774752-01 11110412016 i 1 110 412 01 7„ BODILY INJURY IP4 person -' ALL OWNED . SCHEDULED X AL11 C5 AUT O.i N ...---- •m ' aODILY IIaJUR`r IPm aaidcnrp 5 a X NCiN•C3`IdNED - e,___,• -J'---'-- FA TY DAVI i(il ... !S _, .__.,.d .. ! HIRED AUTOS - -<� AUTOS`n5�`-ACV.'L .. IMBRELLa UAS OCCUR EAC+I OCCUiiR€TILL B S EXCESSLJAB - CLe A,1s4AADc: ? I AGGIiEpATic (. -._....,GATP _. ._ ..._-�.-._.�.-...... QED RETENVONS - - - WORKERS COMPENSATIONx R OTFr_ ANDEMPLOYERS'LIABILiTY YtN ER _ •._ $ NY PROM.EtOR1PARTtCMXECUIYL- �} t 'ARARP300637 m 0912312016:09/2312017 1 .A M£L I .faT t 100,00 NIA A OI�:ICEP.rUSE.YBr'R FJ{CLUOEDz � � . ,IM"iIateryinNHj •-_.. ---. - L DISEASE FAE;d:'LOYE. 8 .. _..~ - 100,00 .it YgF. C2SaY•tO undal C£SCFiIPT`I_Del CIF t9i+Fr�AT16NSideou• _ _ __ - - _ - .. -...._ E L U45€ASE-PGLICY LIA+¢FF ' S 800,00 i I e DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACORD 101, Addlllw al Rdrnarks S&J CIule, may ba alYached If mare spaw is mquiredl INSUR-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN INSURED'3 COPY ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOREM-0 REPRESENTATIVE 4(y(k ACORD 25 (2014101) V lUbil-LU14 At CQKU L;LaNFURATION, All rights reserved. The ACORD name and logo are registered marks of ACORD BID BOND (Percentage) Bond NUMPA _ 713E C-5`70, .KNOW ALL PERSONS BY THESE PRESENTS, That we Ar—kanSaa Rooting h -Or „any tcmnwal- 1119•. _,_ Of Ca r i~crr: r.0 .,1,: ,,., aAR ' 032 ,hereinafter referred to as the Principal, and �'F'"v' ` _. .. „ crq Y,�, `y * t F 331' --� e a� Surety, are held and firmly bound unto C -U. of 113 W. M,-u_,t:_:ir t. Far--t_eW:.M1e, AR 7LM1 hereinafter referred to as the Obligee, in the sum of, Tiv-- -(_.5 _eIO) percent of the_greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract �•� '�� r � 1. i-�1.a-�i�x,l�:�' NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such tirneas may be specified: enter into the contract in writing and give such bond, or bonds as rr•.ay be specified in the bidding or contract doc.um.iEYnts with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee Tray suffer by reason of such failure not exceeding the penalty of this bond; than this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this. 1 ! t-' Form 1-6876 day of rebiva_ (Principal) By (Seal} (Surety) -�„ - . RVII �SEA�, By -- - r <Seail�. � � , Yrr `,t_; Q Gxirci '�v Att ey in Fact V\/est-ern Surety Po %-kl R 0-F" ATTORNEY — C.ERTIF IFD COPY B nd..Nn. , c 65 "" U r Knaw All –Mm By These Presents, that %kT.ST .RAN SUR ry C.G1lP LNJY, a corporation clitlt• urganized aad ex6timg under the laws Jt tile. State of South Palcoti. and having its prmQipcil office 'iii Sioux l a(1s, South .Dakota (the 'Vorrrpany"); Elms kv- these, preserit6 rnalte, contitute acid appoint its true and lawfW attr" itcy( )-in.faEfi; with frill psrTx and >authority Hereby conferred; toe zcuie; ;ai;knrs'cledye. anal c(eli�•ry for and omits behalf at. Surety, brands for: PririE'jp,jj <;r 1-,�:... K, -ti ;, ri_ Y . E n. air _ ,v , _i:.f .. .. t lit', d;? �:.. f.. c:J :1 ., .:> &Mciul.A; 7 1 , i)i%l , r.l i:" lir aired to hired the (itP)"il mw the7raby 16 frilly and to the SAmff extene ag if such boiiule ware signed by, the Sexdor i+"se Pi-e-pidM-U, se;aletl voth the corporate ?cal of the C.ornpony and duly attested by its Sce=tsry, hereby ratifying and confirn'i.[1g all that the said attmvey(! )-in-is at rrray do within the above vtat¢d limitations. Said appointmora is made under and by authority cif the following bylaw of Western Sau•av C4)MP,%etV wkueki ver taitvs in full .fo!ee Laud. effect. •15-t-lon '. All btinils, perfii:ieb, tinilert ltingi Powers of alttorrw!y Or other obll�atzons oftlaE corlroraCxon s.l':ail be exeCuter! in tl'e cozWr �te 1131140 Sithe Cautpauy by the Preaident, 5tveretary, anY sissLMant Sewwerary, Treasurer, or:u'y V -W Pirsident or by such other oYileer� a$ the 1ie+nrel of L'ir,Nrtalrs 11a'y autlicirdre. '1'hn FYeAdent, arw'rite Isrssillent; Secretary, niiy !?instant Set;rtiA •y. ne the'l`reasurer utv,v ap(7oint. Attorneys in Pstt or tgirilL- Who shalt leave cuitliori ty to issue boaids. poli(ises, te- undertakiugs in the name of the C%-. ThA mrprirate Aeril is Plot, nerf$S1Yy t& the —Witt' of any honds, polici , Pawors ntAttornny or other obligations of the c,mPoeation_ Tho signature of an7,y such iiifxcer and the aari}orate,eal miry be Printed by fvraittaita. ` ail eattlir city lir;xtrlay cariferi exl,h.r11 es}�ire acid lr rrtit late; :rithorii until et' iuil ss cased tieftue cniclrligliC cl:' _='s' 1 i 317 O1Y bot utlfal such'chane shall be i'Z•;�c+occatrle anal in full farce aiicl effect. "'V& VYc_tern 9nrety Ca'�iat kv has Caused theae piwent_v ttr be, signed I t it. Vice President, Paul T. Lruflat, and its cors r t ho iwl. 1,lth dayaaf ✓111(1 -.. 101.1._.__. WEST R SLREJ�� COMPANY art 7'•�"' �m,a,� � r1iuflat. Vim President. ;mss Cts t-�i•"d1+£i.:�fik es On flu �I rl"i lay of ..._.-.__. C L r l;�I _ in F,h* yt.ar __ 2 t7 beforerav,a notary public, personally appt,�ed T'aui T. F.ruflat Who being to 11x1. duly sworn, 'AAmoiv3-ndged that hn signe4 tlix above. Poiwr of Attorney as the nCnresaid ofcer'of WeSTEIiP SIJIM 4 001Vj ZANY and orknowlvdgeti said instruinent to k- tht+ Vr;lui'tary act land deed of gaid torpor i.[lon, sn�adra^rahn+i�s�,h+a�,F.q+srzb�i�a�iw } r J, J. MOHR SE LL NOTARY PUBLICqL s otai y Public - youth Daluta r SOUTH [)AiFCf71fA�� i}�4�ivah ar+s!-7 Gx�i, .G1°iy�vosg�iWio vy } Ii.z• ��'-`S11i1i.L:a.j. .'i ,. •. i:'.L' _.a _i Lli.tiJ L.3 �, -,. i. I t.hc, findthat the )' sign.ecl of Westei:.n 5tueLy Carnpranv, a skick c:%rporati., of the State of South Paknta, do heir=ahcertify attached Power. of _ t'Lurney i .in .fiffl force and effect 11..1(1 .is irrevrx�ib)e.:ind fiirthern'are, .t13 zt St1 tioli ? of the oylavv= of the ti Ft' 1p uiy :a;, set fort].' in. the Peaces. of Attorne • is not' in fence. J" fasinxier>y 'cheroot, l hsne.he rico set znE limid and seal Of Western 3vi-ety Ceinpcuiy Ya day of ;-7y COMPANY �-- • Peril T. .i�ilfl:at, viiCi•. Pi'eS11:Ienr. `Ca ali.si:a:it banL l autlteu.tici:ty, 90 ic1 > (M-11ker/Obligee Serv.1,ces > S-alidate.13nal Gow-erx - Form F6306-1-2016 010400 - PROPOSAL Place Date Ii j Proposal of An L C. a s cA S fir, , A el e) n, -n. PCX ink r , a corporation organized and existing under the laws of the State of t`+ yger.+— Tax ID Number (TIN): Q 1-- o�l !J UP J DUNS* C2 I — 92 7 --- 17-7 7 CAGE Code: or Proposal of a partnership consisting of or Proposal of an individual doing business as To: City of Fayetteville This bid results from your advertisement for bids for the construction of the FYV Corporate Hangar 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: Ninety (90) consecutive calendar days Final Project Acceptance: One hundred twenty (120) 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 of these Contract Documents. 010400-1 Bidder acknowledges receipt of the following addendum (addenda): and and 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 Ong 1 1 ^,n µ�ti�,�Jri. ' n �� Dollars ($ 1 Q AtJ?_,C )p ), being not less than five percent (5%) o e 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 CITY OF FAYETTEVILLE CORPORATE HANGAR ROOF REHABILITATION UNIT PRICES ITEM SPEC. ESTIMATED UNIT BID NO. NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 1 070100-1 South Delta Aviation Hangar Roof Rehabilitation ---------------- LS 1 A& P Facility Roof Rehabilitation LS Q 1 �- ^J l/ly I -_`ter' 2 070200-2 3 070300-3 Wings Avionics Roof Rehabilitation LS 1 Total Bid "• 010400-5 .IIII HIN RESI6CHTiAI• C4h1MERGAi 4A X Kompany City of Fayetteville, Arkansas Purchasing Agent Les McGaugh Phone: 479-575-8220 Job Summary: Date: 2/14/2017 Proposal for FYV Corporate Hanger Roof Rehabilitation Specifications listed below Bid amount 109 842.00 Arkansas Roofing Kompany to furnish and install VFI 990 Silicone coating system on existing metal roof at South Delta Aviation, A&P Facility and Wings Avionics to meet or exceed VFI 10 -year warranty specifications. Arkansas Roofing Kompany acknowledges that all employees and sub -contractors will abide by all rules and regulations stated in city of Fayetteville's project manual for bid 17-25. Warranty: Arkansas Roofing Kompany, expressly warranties, it's NEW installation hereunder to be free from defects in workmanship for a period of 2 (two) years. Our obligation under this warranty shall be limited to a necessary labor if, within the warranty period, any portion of our work shall be demonstrated to have been improperly completed. If owner shall make or permit, without prior written consent from Arkansas Roofing Kompany, repairs, alterations or additions to the roof which alter the work we have completed, this Warranty shall become null and void and of no further effect, effective, as of the date of commencement of any such unauthorized repairs, alterations or additions. Arkansas Roofing Kompany will respond promptly and reasonably to any written request for consent for alterations and additions. This warranty specifically excludes damage caused by third parties, damage from ice or snow, condensations, acts of God or damaged caused by other trades during or after the completion of our work. Owner hereby acknowledges receipts of product maintenance requirements and agrees that warranty is void if repairs, maintenance and snow removal is not performed appropriately. This warranty is in addition to the manufacturer's warranty for materials and is expressly in lieu of all other warranties expressed or implied. Repairs, in the manner provided above, shall constitute a fulfillment of all liabilities of Arkansas Roofing Kompany, with respect to the installation. Arkansas Roofing Kompany's warranty is expressly conditional upon receipt of payment in full for work identified above (no warranty for general repairs). 1910 Walkers Trail, Conway AR 72034 Phone: 501-513-9119 Fax: 501-205-8343 Arkansas Roofing Kompany: 707 By: Representative Acceptance of proposal: The above prices, specifications and conditions are hereby accepted. Arkansas Roofing Kompany is hereby authorized to do the work as specified. Payment shall be made within 30 days after receiving final invoice. Date of acceptance: �- i — � 5 WE APPRECIATE THE OPPORTUNITY - THANK YOU 1910 Walkers Trail, Conway AR 72034 Phone: 501-513-9119 Fax: 501-205-8343 } 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. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 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). 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? 9. 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 Contractors Licensing Board? If so, where and why? 11. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 12. List your major equipment available for this Contract. 13. Experience in construction work similar in importance to this project. 14. Background and experience of the principal members of your organization, including the officers. 15. Will you, upon 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 this /��` day of vti , 20-L7-. Bidder: 1'Ia i Signature ltmotj Print Name and Titter STATE OF Tt k i S4 `, ) ) SS. COUNTY OF Fit -LL( f l m o -k- ,, a ,,a corn being duly sworn deposes and says that he is L / � 1 I rn #� ovcL(U r of _ rl r�'L1 J? i her'Cj mfy' n�I e- [.c -" Q)a' y (Name of Organization) / and that the answers to the foregoing questions and all statements therein contained are true and correct. SUBSCRIBED AND SWORN TO BEFORE ME this -'' day of Fv-b ruy 20_ L. (Notary Public) My Commission Expires:" •�- -,-)L -a -ava 3 010420-2 I 010420 — STATEMENT OF BIDDER'S QUALIFICATIONS 1. Arkansas Roofing Kompany 2. 1910 Walkers Trail, Conway Arkansas 72032 3. February 28th 2011 4. State of Arkansas 5. 6 Years 6. Boars Head: $57,000 2-28-2017 7. Commercial TPO, Self Adhered, Torch Applied, Modified Bitumen, EPDM, Silicone systems, and composition shingles 8. No we have never failed to complete work 9. No 10. No 11. The Church Alive - $127,000 August 2016 Westwood Apartments - $131,0.00 July 2016 Salem Center Shopping Plaza — September 2016 12. Silicone Sprayer, Scissor Lift, and Sky Track 13.6 Years of experience spray coating 14. Experience in all single ply, metal, and silicone applications 15. Yes 16. See Signature Page 17. None 010440 - LIST OF PROPOSED SUBCONTRACTORS I, 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 1 for Less than $1 Million Enter 2 for More than $1 Million, Less than $5 Million • Enter 3 for More than $5 Million, Less than $10 Million • Enter 4 for More than $10 Million, Less than $15 Million • Enter 5 for More than $15 Million Tvoe of Work: Subcontractor's Name:. r�-.v, ►".C.�l........... �f,.S................................. Arkansas License No.:. ? 7.. ...�Gt..1.7..................................,...........................,........ Address:..... P1.0 .......... tja. .5m'. r�g ..r..(�1.......Jja�.7J.......................... DateFirm Established:....Q.......Q..l..................................................................................................... Tvoe of Work: Subcontractor's Name: ..................................................................................................... ArkansasLicense No.: ...................................................................................................... Address: ............................................................................................................................................................ DateFirm Established: ..................................................................................................................................... Typeof Work . ............ ................................ ................................................. ................................................ .. Subcontractor's Name: .................................................................................................................................... ArkansasLicense No.: ............................................. ....................................................................................... Address: ........................................................................................................................................................... DateFirm Established: ..................................................................................................................................... Tvpeof Work:............................................................................................................................................... Subcontractor's Name: ...... - ... I ...... I ............... ................................................................................................ ArkansasLicense No.:..... ................................... ........................ ................................................................... Address: . ..................................,.............................,.,. Date Firm Established:...... 010440-1 Bidder(General Contractor):Aaanw—s ..... zt��I)g ... -knal(,W2�/ ........................................ Arkansas License No.:..0.2,2-010..U.0.61-7 ..............................._...............,/ ................... ............. .................................... Address:... ......... .',412 . ....... ?2ZE32 ......... ...... DateFirm ................................................................................................ Annual Gross �R raipts (enter the nge only): ..... a .................................................................................... _ By:� ....... Title: ........ ........................................................................................................ ............... *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 CITY OF TavveTep v,i le ARKANSAS ' of Fayetteville, Arkansas _ -- Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 17-25, Construction — FYV Corporate Hangar Roof Rehabilitation DEADLINE: Tuesday February 14, 2017 before 2:00 PM, Local Time, Room 306 PRE-BID: Thursday January 26, 2017 at 10:00 AM, Drake Field Conference Room DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Imcgaugh@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Thursday Jan. 19, 2017 & Jan. 26, 2017 INVITATION TO BID Bid 17-25, Construction — FYV Corporate Hangar Roof Rehabilitation No late bids shall be accepted. Bids shall be submitted in sealed envelopes. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each. bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. NOTICE TO ALL BIDDERS: All vendors intending on bidding SHALL register as a plan holder by notifying Les McGaugh, via e-mail at Imcgaugh@fayetteville-ar.gov. When registering as a plan holder, vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. Interested parties are responsible for printing. All bids will be distributed electronically from the City of Fayetteville Purchasing Division. Receiving electronic links from the City of Fayetteville, AR automatically registers you as a plan holder. Any use of a third party roll off container or dumpster shall be procured through the City of Fayetteville Recycling and Trash Collection Division, (479) 575-8398 E-MAILED BID PACKAGE INCLUDES LINKS TO THE FOLLOWING FILES: FILE #01: PROJECT MANUAL: 139 total pages FILE #02: PROJECT DRAWINGS: None *Additional files added as addendums are issued. Addendums will be directly e-mailed to all listed plan holders and posted on the City's website. *PLAN HOLDER LISTINGS & ADDENDUMS WILL BE POSTED AT http://fayetteviIle-ar.gov/bids Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring http.Vfayetteville-ar.gov/bids. Failure to acknowledge addenda issued as instructed could result in bid rejection. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain - Fayetteville, AR 72701 THIS PAGE INTENTIONALLY LEFT BLANK Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701 000001 - CERTIFICATIONS FYV CORPORATE HANGAR ROOF REHABILITATION GARVER PROJECT NO. 15041213 CITY OF FAYETTEVILLE BID # 17-25, CONSTRUCTION I. hereby certify that the applicable portions of this project plans and, specifications were prepared by me or under my direct supervision and that I am a duly Licensed Engineer and/or Registered Architect under the laws of the State of Arkansas. SEAL AND, SIGNATURE APPLICABLE DIVISION OR PROJECT RESPONSIBILITY Adam White, P.E. Project Manager Civil Engineer Front End Documents , 5 111 T E of ARK NS�AS 'fir LICENSED PROFESS AL E No.1 42 T. Digitally Signed: January 18, 2017 Mark Herrmann, AIA, LEED AP. Architect Technical Specifications *11 LCp,�,9� �Q' Dl• 18.14 /7 n `' REGISTERED y, J ARCHITEM o- NO. C- 0 y -4� A N'S Digitally Signed: January 18, 2017 000001-1 000001 —CERTIFICATIONS GARVER,; LLC CERTIFICATE OF AUTHORIZATI.OW, L%%% CF �( f--Q,� `orGARVER LLC i No. 766,: Expiration Date: 12/31/2018 000001-2 CITY OF FAYETTEVILLE FYV CORPORATE HANGAR ROOF REHABILITATION TABLE OF CONTENTS Description PART 1 - BIDDING REQUIREMENTS 010000 Invitation to Bid 010200 Instructions to Bidders 010300 Bid Bond 010400 Proposal 010420 Statement of Bidder's Qualifications 010440 List of Proposed Subcontractors 010480 Bidder's Checklist of Required Items PART 2 - CONTRACT REQUIREMENTS 010600 Contract 010700 Performance Bond 010720 Payment Bond PART 3 — GENERAL PROVISIONS PART 4 — SPECIAL PROVISIONS PART 5 - TECHNICAL SPECIFICATIONS 070100 Unit Prices 070150 Elastomeric Silicone Coating for Metal Roofs 076000 Flashing and Sheet Metal PART 6 — EXHIBITS EXB-1 Project Exhibit 000010-1 Page No. 010000-1 010200-1 010300-1 010400-1 010420-1 010440-1 010480-1 010600-1 010700-1 010720-1 GP -1 SP -1 070100-1 070155-1 076000-1 ARKAN44 nP In- I It .�COltI3 CERTIFICATE OF LIABILITY INSURANCE 1YI 71,012112016 OF ANY CONTRACT OR OTHER OOCUMENT 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 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:. It the certificate. holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBRQGATION 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 l(au of such ehdersement(s). PRODUCER ACT Larr y L. Kincade Ott Insurance, LLC P O Drawer 39 __ __ •501-327-6711 _ _ H,1 501 327:9042 Conway, AR 72033 Larry L. KJncade ADD0.ESSs 1 .....,...._.__INSURERL$LAFFOROINGCDVERAGE .. NAM it INSURER A_:A_medean.Saf_ety_-RPS �B_Riv INSURED Arkansas Roofing Kompany I Rnsu IranceCO-NCCI --—•-••_ ° 1820 Old N(orriitan Hwy - - UlsuaERc: Hanover 41640 Conway, AR 72032 T 2r484,48 IN�IRER D _ S r j PR00UCTS'-COVP/OP AGG S ,INSURER E_WSUAM r— I OTHER t 1-••'_`_ ! F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO'NAMEO ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT 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. F—XCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN N ( HAVE BEEN REDUCED BY PAID CLAIMS. ��jjy� 2 1YPE OF INSURANCE t ^. .LT 'ter — t POLI" ft wiml(Awboxyms. LI11nS A ! X' COMMERCWLGEHH`RALL!AeILRY i {{ CLA1 .MADE f X AL�OCCUR RGUSC0112a79.02 s i I I EACH OCCURRE.YCE I5 F 0216712616 i 6210712017 C 1,000,04 100, ^ S ss 1 > rXF.O ExP (Arty cne �aednt t. S — 5, ( •.• . ! .,._..-..._.,-_ } -RSO A* S A.DV INJURY'•' j•-- 1r400,p4 _._ .•._-..____.,._._. - GEN"L AGGREGATE LIMIT APPLIES PER ` f l �GENERALAGGREGATE , ,• � } 2r484,48 +t POt;C`r ^'� Jr '; �• ; LOC �' _ S r j PR00UCTS'-COVP/OP AGG S 2;000,40 r— I OTHER t 1-••'_`_ ! 3 , ... _ AUTOMOBILE LIABILITY I t � + 1 COMBINED S7NG1 N.tr � �edecsddrul ! (:= 1;480,80 C ANY AUTO 1A1NTA7747,5241, ; 1110412016 ; 11/0412017 1 BODILY INJU1V iP7 pet 1—) S' _ ALL C4`:NEU SCHEDULED. AU1'CS X I AA�TOS. t T �.�OkINED 1- ...--. -. _ _. ) 1 1 BODRY INJURY (Pp imdmtl}�1 g. -S ..--. � ...__ —_— HII:EO AUTOS �X j r i. !S t' ;UMBRELLA UAB t+ OCCUR _ ! j(CLrJ115-SdAOE ! i 1 EACH OCCURRENCE �� rr--•-^.—.._•---_�-., + EXCESS UAB I ! ..T_._._�_._i.__.... �._^i (. r 1 l I i IAGGREGA7f I RETENTIONS �� 1WORKERS'COMPENSATION ANO ZMPLOYERS' LIABILITY I r t. B IVI'?PRdPWEtORMAIM-EFZE)CECUtnr_. Y1 N 'J( AIRARP300637 IOF:K• EP.rMEWOER EXCLUDEDd `J NIA 0°12312016: 0912312017!'EL EACRACCior:W S _ — •• V100,00 illpanobmry,InNHr 1 it y I YOLS (CQS4r38 ! i c!_DISf.?SE�E_gM, OYE_E 3 100; _ - R(PTt F ERAT(ONS'txlnw, r E L 31SEASE -POLICY •UArr S ' 6001000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addlllunal Rernarks Sebedule, may ba attached if nwfa spaw is required) INSUR-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN INSUREDS COPY ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORQEO,JREPRESENTATIVE fin vraoa-w tw r�a.ut[U A.VI'St'VrtAiIUN. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 010000 — INVITATION TO BID City of Fayetteville, Arkansas Bid 17-25, Construction — Corporate Hangar Roof Rehabilitation The City of Fayetteville, AR is accepting sealed bids from properly licensed professionals for the construction of the Corporate Hangar Roof Rehabilitation at Fayetteville — Drake Field Airport. The project includes, but is not limited to rehabilitation of roofs on three airport buildings, including elastomeric silicone roof coating system installation as indicated in the specifications. Sealed bids shall be submitted to the City of Fayetteville (City), AR by Tuesday, February 14, 2017 before 2:00 PM, Local Time. Bids received after this time will not be accepted. Bids will be opened and publicly read aloud immediately after specified closing time. All interested parties are invited to attend. Bids shall be received at the following location: City of Fayetteville, AR Purchasing Division Room 306 - City Hall 113 West Mountain Street Fayetteville, Arkansas 72701 All bids shall be submitted in accordance with the attached specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. A non -mandatory pre-bid conference will be held on Thursday, January 26, 2017 at 10:00 AM Local Time at the conference room in the airport terminal building at Fayetteville — Drake Field. All interested parties are strongly encouraged to attend. Bid Documents shall be obtained from the City of Fayetteville Purchasing Division electronically, at no cost. No partial sets will be issued. All vendors intending on bidding shall register as a plan holder by notifying Les McGaugh, Purchasing Agent, via e-mail at Imcgaugh@fayetteville-ar.gov. When registering as a plan holder, vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. Failure to register as a plan holder can result in your bid being rejected. Sub -Contractors and suppliers are also strongly encouraged to obtain documents directly from the City and get registered as a plan holder. Each bid shall be accompanied by a cashier's check from a bank doing business in the State of Arkansas or a corporate bid bond in an amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond is required with the contract awarded and shall be file marked by the Washington County Circuit Clerk's Office upon receipt to the City. Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the Project is located. Mechanics and laborers on the project shall be paid not less than the minimum hourly rates set out in Arkansas Prevailing Wage Determination Number 16-354. The awarded Contractor will be responsible for submitting a "Statement of Intent to Pay Prevailing Wages" form to the Arkansas Department of Labor within 30 days of a Notice to Proceed. A copy of the minimum hourly rates are bound in the contract documents. 010000-1 The City reserves the right to reject any or all Bids and to waive irregularities therein, and all Bidders shall agree that such rejection shall be without liability on the part of the City for any damage or claim brought by any Bidder because of such rejections, nor shall the Bidders seek any recourse of any kind against the City because of such rejections. The filing of any Bid in response to this invitation shall constitute an agreement of the Bidder to these conditions. Awarding this project shall be contingent upon grant funding being approved and received. Pursuant to Ark. Cod Annotated §22-9-203, The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. Bids must remain in effect for 90 days after the bid opening date. CITY OF FAYETTEVILLE, AR By: Les McGaugh Title: Purchasing Agent P: 479.575.8220 Email: ImcgaughCaNayetteville-ar.gov TDD (Telecommunications Device for the Deat): (479) 521-1316 Date of Advertisement: 1/19/1217 and 1/26/2017 010000-2 Bid 17-25, Addendum 1 Date: Friday January 27, 2017 To: All Prospective Vendors CITY OF ayARKANSAS From: Les McGaugh, Purchasing Agent — 479.575.8220 — Imcgaugh@fayetteville-ar.gov RE: Bid 17-25, Construction — FYV Corporate Hangar Roof Rehab This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. A non -mandatory pre-bid meeting was held at the Drake Field Airport Conference Room on Thursday January 26th, 2017 at 10:00 AM. The sign in sheet of all attendees is attached. 2. The following products have been reviewed and are recommended for inclusion as approved products in the following specifications: a. Volatile Free, Inc. is approved as a manufacturer for the Elastomeric Silicone Coating for Metal Roofs. City of Fayetteville, AR Bid 17-25, Addendum 1 Page 111 Telecommunications Device for the Deaf MD(479)521-1316 113 West Mountain - Fayetteville, AR 72701 CITY OF Tayeryille NSAS 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Name City of Fayetteville, Arkansas Attendance Sheet BI RFP/RFQ #: 1 '} ` A,5- Description: SDescription; l or�ST�kL'` toy t - 'Fyy �r � t3�ngp� �oO-F 14V*,tc,. Function (circle one) : Bid Opening, Selection Committee Meeting, Pre -Bid, Interview Date: 0 t / -na / ZD �\ Time: W0614M Company UlQi je, Sit` M aF R4Offt r11Li, G i Title Phone �L1N1� CIRA) 5y5- 2364, Pr0%tc C..7 Ate_X' V7 -SV - T100 q79 -991•'7t g -;E;", PGs, tl/J- 57S— f5 --:S6 ) S,e;,/ SS/ -age& City staff e-mail includes "@fayetteville-ar.gov" Email c' ...r ' a ' 010200 - INSTRUCTIONS TO BIDDERS 1. PREPARATION OF BID Each bid must be submitted on the prescribed form (Proposal) and Unit Price Schedule(s). All blank spaces must be filled in legibly (either typed or written with ink). All blank spaces for bid prices on the Unit Price Schedules must be filled in and the extended total for each item shall be entered in figures only. If the unit price and the extended total of any item are not in agreement, the unit price shall govern and the extended total is corrected to conform thereto. Erasures or other corrections on the Proposal form or Unit Price Schedules shall be initialed by the signer of the bid. All bids must be signed in ink by an individual authorized to bind the Bidder. All bids must be regular in every respect and no interlineations, excisions, or special conditions shall be made or included in the Proposal by the Bidder. There must be a bid on all items that may appear on the Unit Price Schedule(s). No bid will be considered which covers only a part of the work. A conditional bid will not be considered. The Proposal and Unit Price Schedule(s), along with other specific section items required in Section 17 below for the sealed bid, shall not be altered and these sections shall be submitted in their entirety. Submission must be at the place, and at or prior to the time specified in the Advertisement for Bids. Each bid must be submitted in a sealed envelope clearly marked on the outside that it contains a bid for FYV Corporate Hangar Roof Rehabilitation and with the time and date of bid opening shown thereon. The name, address, and Arkansas Contractor's License Number of the Bidder shall appear in the upper left- hand corner of the envelope. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope. A bid that obviously is unbalanced may be rejected. 2. INTERPRETATIONS AND ADDENDA No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Every request for such an interpretation shall be made in writing to Garver, Attn: Ben Perea 2049 E Joyce Blvd., Suite 400, Fayetteville, AR 72703, or by email to BMPerea@GarverUSA.com. Any inquiry received forty-eight (48) hours prior to the opening of bids will be given consideration. Every interpretation made to a Bidder will be in the form of an Addendum to the contract Documents, and when issued, will be sent to the Plan Holders list located in the electronic plan room at least twenty-four (24) hours before bids are opened. It shall be the Bidder's responsibility to make inquiry to the electronic plan room as to the Addenda issued. All such Addenda shall become part of the Contract and all Bidders shall be bound by such Addenda, whether or not received by the Bidders. 3. BIDDING DOCUMENTS Complete sets of the bidding documents may be obtained as stated in the advertisement. Owner and Engineer, in making copies of these documents available, do so only for the purpose of obtaining bids for the work, and do not authorize or grant a license for any other use. Complete sets of the documents shall be used in preparing bids; neither the Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 4. INSPECTION OF SITE Bidders are required to perform an on-site visit prior to bid deadline. Attendance at the pre-bid meeting is non -mandatory; however, attending the pre-bid meeting shall meet the requirement for an on-site visit. Site visits outside of the pre-bid meeting shall be scheduled with one day advanced notice by contacting Les McGaugh, Purchasing Agent, at Imcgaugh(cD.fayetteville-ar.gov. Each bidder shall fully acquaint himself with the existing conditions there relating to construction and labor, and shall fully inform himself as to the 010200-1 facilities involved, laws and regulations, and the difficulties and restrictions in attending the performance of the Contract. The Bidder shall thoroughly examine and familiarize himself with the Technical Specifications, other Contract Documents, and referenced items. The Bidder shall also carefully study all available reports of explorations and tests of subsurface conditions at or adjacent to the Site. The Contractor, by the execution of the Contract, shall not be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument or to visit the site and acquaint himself with the conditions there existing, and the Owner will be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof. It is the responsibility of each Bidder before submitting a bid to agree that the submission of a bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of the Contract Documents, that without exception the bid and all prices in the bid are premised upon performing and furnishing the work required by the Contract Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the work. 5. BID GUARANTY The bids must be accompanied by a Bid Guaranty, which shall not be less than five percent (5%), of the amount of the bid. At the option of the Bidder, the guaranty may be a cashier's check from a bank doing business in the State of Arkansas, or may be a Bid Bond that is similar to the attached form. No bid will be considered unless it is accompanied by the required guaranty. Cashier's check must be payable to the order of City of Fayetteville. Cash deposits will not be accepted. The Bid Guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents. The guaranty of the apparent successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid Guaranty will be released. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 10 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the 'Bid Guaranty of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Guaranty of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the effective date of the Contract or 91 days after the Bid opening, whereupon Bid Guaranty furnished by such Bidders will be released. Bid Guaranty of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be returned upon request as soon as feasible after the opening of the bids. 6. COLLUSION; SUBCONTRACTS A Bidder submitting a Proposal to the Owner for the work contemplated by the Documents on which bidding is based shall not collude with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful Bidder shall submit Section 010440, LIST OF PROPOSED SUBCONTRACTORS for prior approval of the Owner. 010200-2 If requested by Owner, the list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit an acceptable substitute, in which case the apparent successful Bidder shall submit a substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Award. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in the General Provisions. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall submit, on the form furnished for that purpose (a copy of which is included in the Contract Documents), a statement of the Bidder's qualifications, his experience record in construction of work similar to that which here is involved, and his organization and equipment available for the work contemplated; and when specifically requested by the Owner, a detailed financial statement. The Owner shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the Contract and the Bidder shall furnish the Owner all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Owner that the Bidder is qualified to carry out properly the terms of the Contract. BALANCED BIDS; VARIATIONS IN QUANTITIES The lump sum price and unit price for each of the several items in the Proposal of each Bidder shall be balanced and shall include its pro rata share of overhead. The Owner shall have the right to increase or decrease the extent of the work, to change the location or gradient, or the dimensions of any part of the work, provided that the length of the improvement is not increased or decreased in excess of twenty-five percent (25%) of the length as determined by the Contract, or that the quantities of work to be done or the materials to be furnished are not increased or decreased in money value in excess of twenty-five percent (25%) of the total contract as determined by the Contract. Such changes shall not be considered as a waiver of any conditions of the Contract nor invalidate any of the provisions thereof. The Contractor shall perform the work as increased or decreased within the qualifying limits named and no allowance will be made for anticipated profits or increases or decreases so incurred. Change in length or in money value, within the twenty-five percent (25%) limits set out, shall not be cause for adjustment of any lump sum or unit price. Changes in items of work covered by unit prices and/or lump sum prices, within the twenty-five percent (25%) limits set out, shall not be cause for adjustment of any other (non-involved) lump sum or unit price. Increases or decreases in items of work, and the cost thereof, shall be done in accordance with the Section entitled, Section 40 of the General Provisions. 010200-3 TIME FOR RECEIVING BIDS A bid received prior to the advertised hour of opening will be kept securely and will remain sealed until the hour of opening. The officer whose duty it is to open them will decide when the specified time has arrived, and any bid received subsequent to that time will be returned unopened. 10. OPENING OF BIDS At the time and place fixed for the opening of bids, the Owner will cause the bids to be opened and publicly read aloud, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person or by representative. Bid qualification may be evaluated before and/or after the bid opening, at the Owner's discretion. 11. WITHDRAWAL OF BIDS Bids may be withdrawn on written request if the request is received prior to the time fixed for the opening of bids. Bidder may withdraw its Bid within 24 hours after Bids are open and Bid Guaranty will be returned if Bidder files a duly signed written notice with the Owner and promptly demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid. The Bidder shall not be allowed to submit a revised Bid. 12. AWARD OF CONTRACT; REJECTION OF BIDS The Contract will be awarded to the responsive and responsible Bidder submitting the lowest total bid complying with the conditions of the Advertisement for Bids and other parts of these Contract Documents. The criteria which will be used to determine the lowest responsive and responsible Bidder are as follows: 12.1 Responsive Bidder: Means a Bidder who has submitted a complete bid which conforms in all material respects and requirements to the Contract Documents. 12.2 Responsible Bidder: Means a Bidder who has the capacity and capability in all respects to perform fully the contract requirements and who has the integrity and reliability to assure good faith performance. Among factors to be considered in determining whether the Bidder meets these standards are the Bidder's financial responsibility, performance responsibility, technical feasibility, his equipment, and his past performance in completing similar work. A Bidder's failure to submit a complete bid or required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. The Bidder to whom the award is made will be notified at the earliest possible date, but not later than ninety (90) days after the opening of bids. The Owner, however, reserves the right to reject any or all bids and to waive any informality in bids received whenever such rejection or waiver is in its interests. The Owner also reserves the right to consider as unqualified to do the work any Bidder who does not habitually perform with his own forces the major portions of such work as is involved in construction of these improvements. 13. EXECUTION OF CONTRACT; PERFORMANCE AND PAYMENT BOND Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the Owner a Contract in the form included in the Contract Documents in such number of copies as the Owner may require. 010200-4 Having satisfied all conditions of award as set forth elsewhere in these Documents, the successful Bidder shall, within the period specified above, furnish a surety bond in a penal sum not less than the amount of the Contract as awarded, as security for the faithful performance of the Contract, and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature, including utility and transportation services employed or used by him in performing the work. Such bond shall be as included in the Contract Documents and shall bear the same date as, or a date subsequent to, that of the Agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bond. After a contract has been awarded, a one hundred percent (100%) performance and payment bond shall be provided to the City after being filed marked at Washington County Circuit Clerk's office. The failure of the successful Bidder to execute such Contract and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the Owner may grant, based upon reasons determined sufficient by the Owner, shall constitute a default, and the Owner may either award the Contract to the next lowest responsible Bidder or re -advertise for bids. 14. BONDS AND INSURANCE Attention of Bidders is called to Arkansas Code Annotated §§ 22-9-401 et. Seq., which has certain requirements pertaining to Performance Bonds, labor bonds, employer's liability insurance, public liability insurance, workmen's compensation insurance, and property damage insurance. All companies furnishing Bid Bonds and Performance Bonds shall furnish evidence of being on the U.S. Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Arkansas. 15. CONTRACTOR'S LIABILITY INSURANCE REQUIREMENTS The Bidder shall provide with the Proposal a listing of both automobile and personal liability insurance coverage currently in force, along with a copy of a Certificate of Insurance as verification of that coverage. In the event the Owner determines that the low Bidder's coverage in force is inadequate, the Owner may require the low Bidder to procure additional coverage in accordance with the requirements as specified herein. In the event the lower Bidder is unable, after diligent effort, to procure such additional coverage as may be required by the Owner, the Owner may provide. such additional coverage, naming the Contractor as insured or, at the option of the Owner, reduce the amount of additional coverage required or waive any requirement for additional coverage. 16. THIRD PARTY COVERAGE The Contractor shall provide insurance coverage for the Engineer and the Owner as indicated in Section C-01 of the Special Provisions. 010200-5 17. SIGNATORY AND CONTRACT SUBMITTALS The Contract Documents call for all Bidders, and for the awarded Contractor, to complete and/or submit information concerning equal employment opportunity, quality control, labor items, etc. A list of required items to be submitted with each bid is listed in the Bidders Checklist. The following is a list of completed forms/submittals that the apparent low Bidder will be required to complete before execution and award of the contract: • Contract (all pages) • Performance Bond • Payment Bond • Certificates of Insurance and Insurance Policies The following is a list of completed forms/submittals that the awarded Contractor will be required to submit before construction begins: • Construction Schedule • Original copies of bonds that have been filed with Washington County Circuit Clerk Additional certifications and submittals will be required for construction materials and other items in the technical specifications. 18. LEGAL QUALIFICATIONS All Bidders, in order to submit a bonafide Proposal, must comply with the applicable terms of Arkansas Code. The successful Bidder, if a corporation created under the laws of some state other than the State of Arkansas, will be required to qualify, or to have qualified, with the Secretary of State of Arkansas to do business in the State of Arkansas. 19. MODIFICATION OF BID No modification of any bid already submitted will be considered unless such modification is received in writing, signed and witnessed by persons authorized to so act on behalf of the bidder, prior to the time set for opening of bids. END OF INSTRUCTIONS TO BIDDERS 010200-6 D� Western Surety Company BID BOND (Percentage) goodNLIMb _er- 7 187 6-5'7! .KNOW ALL PERSONS BY T142 -SE PRESENTS, Thatwe kr—kan-sag- RoofIgg, Konmaay Conway. of 1910 WaIker3 TU, AR heteinafter y referred to as thePrincipal; and W -2.31'"D 00 aE'V aB,$.ulrety, are held. and firmly bound unto of :113 IVJ.. M<-Aritaiir-, St.., Fay -et ev�:'—Lq, AR TialPI hereinafter -referred tcy as the Obligee, in -the sum of percent of:the.greatest amount bid, for the payment of which,wre bind ourselves, our legal representatives, successors and assigns, Jointly and severally, firmly by these.preserits. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall,,withih such time, as may be ffiied� en ma e SOL-cified in the bidding Or specified: .ter into the *contract in Writing arid give such 1�ond, or bonds as .tray b contract ObcorriOnts, with surety acceptable to Obligee; or if Principal shall fail tq do so' pay -to Obligee the damages which Obligee ynay suffiet by. reason of such failure hot ekeedihg the .penalty of ihis.bizind: then this ,obligation shall be void-, otheNvise to remain in full force and effect- 81'GNED,.SEALE-D AND DATED this. 1.'1:h day of -Febr.Ua:r-.V 2 "' rka-n3a s Roofing, x brapa-l-Ly COT.m.Ay, Inc'. (Principal) By (Seal) Form F'6876 010400 - PROPOSAL Place Date Proposal of a corporation organized and existing under the laws of the State ofLCgtq�aa—`S Tax ID Number (TIN): 5.i7 y c), 5 .. DUNS #: D' 1' — •7 7 CAGE Code: Vl,/►na— or Proposal of a partnership consisting of ._ or Proposal of an individual doing business as , To: City of Fayetteville This bid results from your advertisement for bids for the construction of the FYV Corporate Hangar 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: Ninety (90) consecutive calendar days Final Project Acceptance: One hundred twenty (120) 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 of these Contract Documents. 010400-1 Bidder acknowledges receipt of the following addendum (addenda): and and 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 Goo Ila Vin) n,`,a-N;.,uC..,,nS c1 kAMAPi. Absy Fes -Dollars ($ f0_T_Z,.. ); being not less than five percent ;(5%) o ; e 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 SEAL (if Bidder is a Corporation) Attes By: S1111111 a. Signahjre7 Print Name Print Name hnd Title Address 19 (0 wc,[ (Cy -s -T'r-t'k ( Cpm►-��,.��y A -V -- Office Address of Pidder NOTES: Sign in ink. Do not detach. Items must be bid upon as specified in the Unit Price Schedule. 010400-3 ITEM SPEC. NO. NO. DESCRIPTION CITY OF FAYETTEVILLE CORPORATE HANGAR ROOF REHABILITATION UNIT PRICES ESTIMATED UNIT BID UNIT QUANTITY PRICE AMOUNT 1 i 070100-1 iSouth Delta Aviation Hangar Roof Rehabilitation i LS 1 1 ^ 1 O� � I Z 070200-2 jA & P Facility Roof Rehabilitation ' LS 1 w `ub � 1 �n V 3 070300-3 1 Wings Avionics Roof Rehabilitation LS1 1 Ia►ac�,s�G Total Bid `'� - OD 010400-5 City of Fayetteville, Arkansas Purchasing Agent Les McGaugh Phone: 479-575-8220 Job Summary: Date: 2/14/2017 Proposal for FYV Corporate Hanger Roof Rehabilitation Specifications listed below Bid: amount 5109.842.00 Arkansas Roofing Kompany to furnish and install VFI 990 Silicone coating system on existing metal roof at South Delta Aviation, A&P Facility and Wings Avionics to meet or exceed VFI 10 -year warranty specifications. Arkansas Roofing Kompany acknowledges that all employees and sub -contractors will abide by all rules and regulations stated in city of Fayetteville's project manual for bid 17-25. Warranty: Arkansas Roofing Kompany, expressly warranties, it's NEW installation hereunder to be free from defects in workmanship for a period of 2 (two) years. Our obligation under this warranty shall be limited to a necessary labor if, within the warranty period, any portion of our work shall be demonstrated to have been improperly completed. If owner shall make or permit, without prior written .consent from Arkansas Roofing Kompany, repairs, alterations or additions to the roof which alter the work we have completed, this Warranty shall become null and void and of no further effect, effective, as of the date of commencement of any such unauthorized repairs, alterations or additions. Arkansas Roofing Kompany will respond promptly and reasonably to any written request for consent for alterations and additions. This warranty specifically excludes damage caused by third parties, damage from ice or snow, condensations, acts of God or damaged caused by other trades during or after the completion of our work. Owner hereby acknowledges receipts of product maintenance requirements and agrees that warranty is void if repairs, maintenance and snow removal Is not performed appropriately. This warranty is in addition to the manufacturer's warranty for materials and is expressly in lieu of all other warranties expressed or implied. Repairs, in the manner provided above, shall constitute a fulfillment of all liabilities of Arkansas Roofing Kompany, with respect to the installation. Arkansas Roofing Kompany's warranty is expressly conditional upon receipt of payment in full for work identified above (no warranty for general repairs). 1910 Walkers Trail, Conway AR 72034 Phone: 501-513-9119 Fax: 501-205-8343 Arkansas Roofing Kompany: >� � By: Representative Acceptance of proposal: The above prices, specifications and conditions are hereby accepted. Arkansas Roofing Kompany is hereby authorized to do the work as specified. Payment shall be made within 30 days after receiving final invoice. Date of acceptance: �' J'� WE APPRECIATE THE OPPORTUNITY - THANK YOU 1910 Walkers Trail, Conway AR 72034 Phone: 501-513-9119 Fax: 501-205-8343 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. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 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). 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? 9• 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? If so, where and why? 11. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 12. List your major equipment available for this Contract. 13. Experience in construction work similar in importance to this project. 14. Background and experience of the principal members of your organization, including the officers. 15. Will you, upon 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 L 010420 — STATEMENT OF BIDDER'S QUALIFICATIONS 1. Arkansas Roofing Kompany 2. 1910 Walkers Trail, Conway Arkansas 72032 3. February 281h 2011 4. State of Arkansas 5. 6 Years 6. Boars Head: $57,000 2-28-2017 7. Commercial TPO, Self Adhered, Torch Applied, Modified Bitumen, EPDM, Silicone systems, and composition shingles 8. No we have never failed to complete work 9. No 10. No 11. The Church Alive - $127,000 August 2016 Westwood Apartments - $131,0.00 July 2016 Salem Center Shopping Plaza — September 2016 12. Silicone Sprayer, Scissor Lift, and Sky Track 13.6 Years of experience spray coating 14. Experience in all single ply, metal, and silicone applications 15. Yes 16. See Signature Page 17. None 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 this /�% day of o4 ai , 20_U. Bidder: ? SFS Aveltr /`��rn09Ali Signature 1 is rn c ... , . • o�.�..i i n,. _ Print Name an 7i 6 STATE OF fl r kQ n.s< I ) SS. COUNTY OF FCLLL[ [� n e rl— ) Tf rn A%1being duly sworn deposes and says that he is 0•T 77 /,-5 �NQ 71DYY(%cnf �? LG'f1 celC¢ rna�l-=j1y: � cx��c:cn of (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. SUBSCRIBED AND SWORN TO BEFORE ME this - day -of _ -f-eb ru-r 20_1L - (Notary Public), My Commission Expires: t C. 010420-2 010440 - LIST OF PROPOSED SUBCONTRACTORS I, 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 1 for Less than $1 Million • Enter 2 for More than $1 Million, Less than $5 Million • Enter 3 for More than $5 Million, Less than $10 Million • Enter 4 for More than $10 Million, Less than $15 Million • Enter 5 for More than $15 Million Typeof—Work:.......................................................... _ ............. . ... , ............ ............ ..... :..0,, C A. Cct m.. Yi.0 ..... �Y1.4:%:a.g.?n........:................ Subcorrtractors Name:.. sf. �......... �. ..:� ......... Arkansas License No._..7........... .... .. ............. . ................ Address: ..... PiQ...... C1iC.... `... ........... ........40.Z►1......................... DateFirm Established:....Q...i1......2Q..1.:..::............:..:.:...........:...........:..:.:::....:..........................•••............ Typeof Work : ............................... .. _ •• ............................- Subcontractor's Name: .................................................................................................................................... Arkansas License No.: ............... ...... *'—*'*—"" ....... ....... Address: ......................................... ....... : ........................................................ DateFirm Established: ..................................................................................................................................... Typeof Work: .. ............... .. .. ............ ..... , .................... ..... . Subcontractor's Name: ..................................................................................................................................... ArkansasLicense No.: ..................................................................................................................................... Address* ........................................................................................................................................................... DateFirm Established: ..................................................................................................................................... T�ne of Work: _ ... . ........ .. ............................... . Subconfractor's. Name : ........ :...... :.:.............................. ArkansasLicense No.: ...................................................................:...........:...:.:..::...............................:. Address . .................. ......................... ................... ................. ............................................. . .............................. :. DateFirm Established: .................................................................................... v .............. ................................... 010440-1 Bidder (General Contractor):. &ACc. w-s .....KiQCN n1,t..... t�©tY1 t,c3cl .................................:. Arkansas License .. ..........................:............................................. Address: ..... taio... ....nW41k.e.C'S....ir�rx L ....,.........l�r�tc�uf..,. ....... .4 132................ Date Firm Established:...:k.l2. ,.J........................... ................................................ :....................... Annual Gross R" wipts. (enter the range only): ....... I . ......... ay:.......:.. �- . --.........................................................................................*. .^es Title: ...........�...........:... '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 010480 - BIDDER'S CHECKLIST OF REQUIRED ITEMS This Bidder's Checklist is provided to ensure all required forms are completed and returned as part of the bid submission. All forms must be included as indicated for a bid to be considered a complete, responsive bid. Appropriate signatures and date are required on each document. If an item is missing, the bid may be declared unresponsive and therefore rejected. This sheet will serve as the cover sheet for the bid submission. Spec. Description Completed' Section Acknowledgement of All Addenda Q' Bid contains the following forms: 010200 1. Insurance Coverages (Current Auto and Liability Insurance) C3� 010300 2. Bid Bond ED - 010400 3. Proposal (including Unit Price Schedule — if applicable) Ca 010420 4. Statement of Bidder's Qualifications 010440 5. List of Proposed Subcontractors Q� 'Check when filled out, signed, and included with submission of bid packet.` Within ten (10) days after Notice of Award: Bidder acknowledges that within ten (10) days after Notice of Award, Successful Contractor is required to complete the following before execution and award of the contract: 010600 1. Contract (all pages and supporting documents) 010700 2. Performance Bond 010720 3. PayrtientBond 010800 ., 4. Completed Certificates of Insurance` 1, r Prior to Construction: Contractor required to submit Construction ScheduFe,before construction begins. Seal (if incorporated) Bidder Name:°o T Address: City, State, Zip Code: L.sr,� AS 12o3Z Contractor Number: Contact Name: m &.4w!;t, Title: '�'l:eSlG%A Contact Number: (_51-D, SF3 TZ!` Tom- - Contact Email: '-1 ✓Yl°I ltJ",IV1 , ar (a;mg; . Cowl Signature of Authorized Agent for Bidder: 9 9 Date: 010480-1 010600 - CONTRACT THIS AGREEMENT made this-tl_ ;day ofi>r,t 20„ay'and, between Arkansas Roofing Kompany Conway, Inc. a Corporation organized and existing under the laws of the State of _ Arkansas 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 Corporate Hangar 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 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: Ninety (90) consecutive calendar days Final Project Acceptance: One hundred twenty (120) 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 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 executed 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 m. Project Exhibit 010600-1 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 other component part, the conflict shall be resolved by the Engineer whose decision shall be final. ARTICLE 5. Surety. The Surety on the Performance and Payment Bonds shall be a surety company of financial resources satisfactory to the Owner, authorized to do business in the State of the Project, and shall comply with applicable state laws. ARTICLE 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. Contractor: Arkansas Ro.o. t Xom an ionway, Inc. Attest: _ By: Signature �giiafui 'c�i+lt�f='_�s� ` laiifi►r�lt.�itl S2u�2?: �!!f' Print Name Print Name brid;'TfBe• Attest: Signature OH V. .. 010600-5 �o. Qf DD, Western Surety Company PERFORMANCE BOND Bond Number: 71917605 KNOW ALL PERSONS BY THESE PRESENTS, That we Arkansas Roofing Kompany Conway, Inc. of 1910 Walkers Trail, Conway, AR 72032 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto City of Fayetteville of 113 W. Mountain St.. Fayetteville, AR 72701 , hereinafter referred to as the Obligee, in the sum of Fifty -Nine Thousand Nine Hundred Twenty and 00/100 Dollars ($ 5 9, 920.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the day of NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage .by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. 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 Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Parbigraph 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. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII �IIII VIII VIII VIII IIII IIII Doc ID: 017482000003 Type: LIE Kind: PERFORMANCE BOND Recorded: 06/08/2017 at 02:50:31 PM Fee Amt: $25.00 Pape 1 of 3 Washington County, AR Kyle SVlvester Circuit Clerk FileB034.00000676 Forth F4697 6th day of June 2017 Arkansas Roofing Kompany Conway Inc. (Principal) By (Seal) %1U7 Western Surety Company PAYMENT BOND Bond Number: 71917605 KNOW ALL PERSONS BY THESE PRESENTS, That we Arkansas Roofing Kompany Conway, Inc. of 1910 Walkers Trail, Conway, AR 72032 hereinafter referred to as the Principal, and Western Surety Company as Surety, are held andlfirmly bound unto City of Fayetteville Of 113 W Mountain St Fayetteville AR 72701 hereinafter referred to as the Obligee, in the sum of Fifty -Nine Thousand Nine Hundred Twenty and 00/100 Dollars ($ 5 9, 920.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated day of ,for Corporate Hanc[er Roof Rehabilitation copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 6th day of June 2017 . Arkansas Roofing Kompany Conway Inc (Principal) By (Seal),�� Western Surety Company t•,ORRORgT (Sure By (Seg , sL VELYN MARIE BRINKLEY orney-in-Fact Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71917 605 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint EVELYN MARIE BRINKLEY its true and lawful attorneys) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Arkansas Roofing Kompany Conway, Inc. Obligee: City of Fayetteville Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorneys) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "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, any 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." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of June 13 2017 , but until such time shall be irrevocable and in full force and effect. Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its coreV*biga Mthis 6th day of June 2017 WEST R kSURE COMPANY �S�/*Q G..� 1A Paul T. fruflat, Vice President ss I CO (�A�HA . ��giro�4 On this 6th day of June in the year 2017 before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. ♦bbbbbbbbbbbbb�bbbtibbbbbb � i J. MOHR� ,r NOTARY PUBLIC t Notary Public - South Dakota SOUTH DAKOTA�� tbbtibbbrbrbtibbbtibbbbbbbb f My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 6th day of June 2017 WEST R SURE COMPANY Paul T. ruflat, Vice President To validate bond authenticity, go to www.cnasurety.com > Owner/Obligee Services > Validate Bond Coverage. Forth F530S.1-2018 AC 150/5370-10G 7/21/2014 GENERAL PROVISIONS SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-1 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-2 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-3 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-4 AIRPORT IMPROVEMENT PROGRAM (AIP). A grant-in-aid program, administered by the Federal Aviation Administration (FAA). 10-5 AIR OPERATIONS AREA (AOA). For the purpose of these specifications, the term air operations area (AOA) shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-6 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and airport buildings and facilities located in any of these areas, and includes a heliport. 10-7 ASTM INTERNATIONAL (ASTM). Formerly known as the American Society for Testing and Materials (ASTM). 10-8 AWARD. The Owner's notice to the successful bidder of the acceptance of the submitted bid. 10-9 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-10 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon. 10-11 CALENDAR DAY. Everyday shown on the calendar. 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, must be within the scope of the contract. 10-13 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: Advertisement, Contract Form, Proposal, Performance Bond, Payment Bond, any required insurance certificates, Specifications, Plans, and any addenda issued to bidders. GP -1 AC 150/5370-10G 7/21/2014 10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-15 CONTRACT TIME. The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. 10-16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-17 CONTRACTOR'S LABORATORY. The Contractor's quality control organization in accordance with the Contractor Quality Control Program. 10-18 CONSTRUCTION SAFETY AND PHASING PLAN (CSPP). The overall plan for safety and phasing of a construction project developed by the airport operator, or developed by the airport operator's consultant and approved by the airport operator.. It is included in the invitation for bids and becomes part of the project specifications. 10-19 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-20 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering observation of the contract work and acting directly or through an authorized representative. 10-21 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-22 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10-23 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his or her duly authorized representative. 10-24 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, Commercial Item Descriptions, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-25 FORCE ACCOUNT. Force account work is planning, engineering, or construction work done by the Sponsor's employees. 10-26 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary observations of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-27 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner. GP -2 AC 150/5370-10G 7/21/2014 Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-28 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. Also referred to as "Engineer's Laboratory" or "quality assurance laboratory." 10-29 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-30 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20% of the total amount of the award contract. All other items shall be considered minor contract items. 10-31 MATERIALS. Any substance specified for use in the construction of the contract work. 10-32 NOTICE TO PROCEED (NTP). A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-33 OWNER. The term "Owner" shall mean the party of the first part or the contracting agency signatory to the contract. Where the term "Owner" is capitalized in this document, it shall mean airport Sponsor only. 10-34 PASSENGER FACILITY CHARGE (PFC). Per 14 CFR Part 158 and 49 USC § 40117, a PFC is a charge imposed by a public agency on passengers enplaned at a commercial service airport it controls." 10-35 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-36 PAYMENT BOND. The approved form of security furnished by the Contractor and his or her surety as a guaranty that the Contractor will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-37 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his or her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-38 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. 10-39 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-40 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-41 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his or her proposal is accepted by the Owner. 10-42 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft GP -3 AC 150/5370-10G 7/21/2014 10-43 SPECIFICATIONS. A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically. 10-44 SPONSOR. A Sponsor is defined in 49 USC § 47102(24) as a public agency that submits to the FAA for an AIP grant; or a private Owner of a public -use airport that submits to the FAA an application for an AIP grant for the airport. 10-45 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-46 SUBGRADE. The soil that forms the pavement foundation. 10-47 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-48 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the Owner covering (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25%, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. 10-49 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor. 10-50 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways, aircraft parking areas, and terminal areas. 10-51 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract, plans, and specifications. 10-52 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least six (6) hours toward completion of the contract. When work is suspended for causes beyond the Contractor's control, it will not be counted as a working day. Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work will be considered as working days. END OF SECTION 10 GP -4 AC 150/5370-10G 7/21/2014 SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20-1 ADVERTISEMENT (NOTICE TO BIDDERS). (See Page 010000-1) 20-2 QUALIFICATION OF BIDDERS. Each bidder shall furnish the Owner satisfactory evidence of his or her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the Owner satisfactory evidence of his or her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the bidder's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his or her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect the bidder's true financial condition at the time such qualified statement or report is submitted to the Owner. Unless otherwise specified, a bidder may submit evidence that he or she is prequalified with the State Highway Division and is on the current "bidder's list" of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports specified above. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the Owner at the time of bid opening. 20-3 CONTENTS OF PROPOSAL FORMS. The Owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans, specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. 20-4 ISSUANCE OF PROPOSAL FORMS. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: a. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force with the Owner at the time the Owner issues the proposal to a prospective bidder. c. Documented record of Contractor default under previous contracts with the Owner d. Documented record of unsatisfactory work on previous contracts with the Owner. GP -5 AC 150/5370-10G 7/21/2014 20-5 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The Owner does not expressly, or by implication, agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection 40-02 titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-6 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans, specifications, and contract forms. Bidders shall satisfy themselves as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. 20-7 PREPARATION OF PROPOSAL. The bidder shall submit his or her proposal on the forms furnished by the Owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. If so requested, the bidder shall state the price (written in ink or typed) both in words and numerals for which they propose to do for each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign the proposal correctly and in ink. If the proposal is made by an individual, his or her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his or her authority to do so and that the signature is binding upon the firm or corporation. 20-8 RESPONSIVE AND RESPONSIBLE BIDDER. A responsive bid conforms to all significant terms and conditions contained in the Sponsor's invitation for bid. It is the Sponsor's responsibility to decide if the exceptions taken by a bidder to the solicitation are material or not and the extent of deviation it is willing to accept. A responsible bidder has the ability to perform successfully under the terms and conditions of a proposed procurement, as defined in 49 CFR § 18.36(b)(8). This includes such matters as Contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. GP -6 AC 150/5370-10G 7/21/2014 20-9 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: a. If the proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, or if any part of the proposal form is detached. b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that make the proposal incomplete, indefinite, or otherwise ambiguous. c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. d. If the proposal contains unit prices that are obviously unbalanced. e. If the proposal is not accompanied by the proposal guaranty specified by the Owner. The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-10 BID GUARANTEE. Each separate proposal shall be accompanied by a cashier's check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the Owner. 20-11 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement or as modified by Addendum before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-12 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the Owner in writing or by fax or email before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-13 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 20-14 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder. c. If the bidder is considered to be in "default" for any reason specified in the subsection 20-04 titled ISSUANCE OF PROPOSAL FORMS of this section. END OF SECTION 20 GP -7 AC 150/5370-10G 7/21/2014 SECTION 30 AWARD AND EXECUTION OF CONTRACT 30-1 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in. numbers, the unit price written in words shall govern. Until the award of a contract is made, the Owner reserves the right to reject a bidder's proposal for any of the following reasons: a. If the proposal is irregular as specified in the subsection 20-09 titled IRREGULAR PROPOSALS 'of Section 20. b. If the bidder is disqualified for any of the reasons specified in the subsection 20-14 titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner's best interests. 30-2 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be the time referenced in the Advertisement and the Proposal, unless otherwise specified herein. Award of the contract shall be made by the Owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the Owner. 30-3 CANCELLATION OF AWARD. The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection 30-07 titled APPROVAL OF CONTRACT of this section. 30-4 RETURN OF .PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as specified in the subsection 30-01 titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the Owner receives the contract bonds as specified in the subsection 30-05 titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-5 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the Owner a surety bond or bonds that have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the Owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-6 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return the signed contract to the Owner, along with the fully executed surety bond or bonds specified in the subsection 30-05 titled REQUIREMENTS OF CONTRACT BONDS of this section, within the time specified in the proposal. GP -8 AC 150/5370-10G 7/21/2014 30-7 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the Owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-8 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the period specified in the subsection 30-06 titled EXECUTION OF CONTRACT of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner. END OF SECTION 30 GP -9 AC 150/5370-10G 7/21/2014 SECTION 40 SCOPE OF WORK 40-1 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-2 ALTERATION OF WORK AND QUANTITIES. The Owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25% (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations that do not exceed the 25% limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations that are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25% limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the Owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires. a supplemental agreement, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. Supplemental agreements shall be approved by the FAA and shall include all applicable Federal contract provisions for procurement and contracting required under AIP. Supplemental agreements shall also require consent.of the Contractor's surety and separate performance and payment bonds. 40-3 OMITTED ITEMS. The Engineer may, in the Owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be non -performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection 90-04 titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-4 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called "Extra Work". Extra Work that is within the general scope of the contract shall be covered by written change order. Change orders for such Extra Work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such Extra Work. GP -11 AC 150/5370-10G 7/21/2014 When determined by the Engineer to be in the Owner's best interest, the Engineer may order the Contractor to proceed with Extra Work as provided in the subsection 90-05 titled PAYMENT FOR EXTRA WORK of Section 90. Extra Work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as defined in the subsection 10-48 titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of Extra Work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner. 40-5 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. a. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas (AOAs) of the airport with respect to his or her own operations and the operations of all subcontractors as specified in the subsection 80-04 titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection 70-15 titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. b. With respect to his or her own operations and the operations of all subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying personnel, equipment, vehicles, storage areas, and any work area or condition that may be hazardous to the operation of aircraft, fire- rescue equipment, or maintenance vehicles at the airport. c. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall be responsible for the repair of any damage caused by the Contractor's equipment and personnel. The Contractor shall furnish, erect, and maintain barricades, warning signs, flag person, and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices (MUTCD) (http://mutcd.fhwa.dot.gov/), unless otherwise specified. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. 40-6 REMOVAL OF EXISTING STRUCTURES. Not Used 40-7 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, the Contractor may at his or her option either: a. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, b. Remove such material from the site, upon written approval of the Engineer; or c. Use such material for the Contractor's own temporary construction on site; or, d. Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option a., b., or c., the Contractor shall request the Engineer's approval in advance of such use. GP -12 AC 150/5370-10G 7/21/2014 Should the Engineer approve the Contractor's request to exercise option a., b., or c., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his or her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for use of such material used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option a., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his or her exercise of option a., b., or c. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-8 FINAL CLEANUP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. The Contractor shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property Owner. END OF SECTION 40 GP -13 AC 150/5370-10G 7/21/2014 SECTION 50 CONTROL OF WORK 50-1 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. The Engineer shall decide all questions that may arise as to the interpretation of the specifications or plans relating to the work. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. The Engineer does not have the authority to accept pavements that do not conform to FAA specification requirements. 50-2 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross-sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his or her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, the Engineer will advise the Owner of his or her determination that the affected work be accepted and remain in place. In this event, the Engineer will document the determination and recommend to the Owner a basis of acceptance that will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on sound engineering judgment and such tests or retests of the affected work as are, in the Engineer's opinion, needed. Changes in the contract price shall be covered by contract change order or supplemental agreement as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's responsibility to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's execution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority, after consultation with the FAA, to use sound engineering judgment in his or her determinations as to acceptance of work that is not in strict conformity, but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. The Engineer will not be responsible for the Contractor's means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto. GP -15 AC 150/5370-10G 7/21/2014 50-3 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited advisory circulars (ACs); contract general provisions shall govern over plans, cited standards for materials or testing, and cited ACs; plans shall govern over cited standards for materials or testing and cited ACs. If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern. From time to time, discrepancies within cited testing standards occur due to the timing of the change, edits, and/or replacement of the standards. If the Contractor discovers any apparent discrepancy within standard test methods, the Contractor shall immediately ask the Engineer for an interpretation and decision, and such decision shall be final. 50-4 COOPERATION OF CONTRACTOR. The Contractor will be supplied with three (3) copies each of the plans and specifications. The Contractor shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and shall cooperate with the Engineer and his or her inspectors and with other contractors in every way possible. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his or her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his or her authorized representative. 50-5 COOPERATION BETWEEN CONTRACTORS. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct the work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his or her contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his or her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. The Contractor shall join his or her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-6 CONSTRUCTION LAYOUT AND STAKES. Not Used. 50-7 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the contract. GP -16 AC 150/5370-10G 7/21/2014 50-8 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors are authorized to notify the Contractor or his or her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for a decision. 50-9 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the Owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work that does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection 50-02 titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection 70- 14 titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. No removal work made under provision of this subsection shall be done without lines and grades having been established by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as established by the Engineer, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs incurred by the Owner from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment. GP -17 AC 150/5370-10G 7/21/2014 The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his or her hauling equipment and shall correct such damage at his or her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. Maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection 50-12 titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the execution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, the Contractor may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, the Engineer may accept it as being complete, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be complete in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. GP -18 AC 150/5370-10G 7/21/2014 50-16 . CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, the Contractor shall notify the Engineer in writing of his or her intention to claim such additional compensation before the Contractor begins the work on which the Contractor bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has-been completed, the Contractor shall, within 10 calendar days, submit a written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. END OF SECTION 50 GP -19 AC 150/5370-10G 7/21/2014 SECTION 60 CONTROL OF MATERIALS 60-1 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used in the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: a. Listed in advisory circular (AC)150/5345-53, Airport Lighting Equipment Certification Program, and Addendum that is in effect on the date of advertisement; and, b. Produced by the manufacturer as listed in the Addendum cited above for the certified equipment part number. 60-2 SAMPLES, TESTS, AND CITED SPECIFICATIONS. Unless otherwise designated, all materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, quality assurance tests in accordance with the cited standard methods of ASTM, American Association of State Highway and Transportation Officials (AASHTO), Federal Specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids, will be made by and at the expense of the Engineer. The testing organizations performing on-site quality assurance field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel, including the Contractor's representative at his or her request. Unless otherwise designated, samples for quality assurance will be taken by a qualified representative of the Engineer. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at their request after review and approval of the Engineer. The Contractor shall employ a testing organization to perform all Contractor required Quality Control tests. The Contractor shall submit to the Engineer resumes on all testing organizations and individual persons who will be performing the tests. The Engineer will determine if such persons are qualified. All the test data shall be reported to the Engineer after the results are known. A legible, handwritten copy of all test data shall be given to the Engineer daily, along with printed reports, in an approved format, on a weekly basis. After completion of the project, and prior to final payment, the Contractor shall submit a final report to the Engineer showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests. GP -21 AC 150/5370-10G 7/21/2014 60-3 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: a. Conformance to the specified performance, testing, quality or dimensional requirements; and, b. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, the Contractor shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-4 PLANT INSPECTION. The Engineer or his or her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: a. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom the Engineer has contracted for materials. b. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. c. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the Owner shall have the right to retest any material that has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 60-5 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and GP -22 AC 150/5370-10G . 7/21/2014 unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the Owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property Owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his or her entire expense, except as otherwise agreed to (in writing) by the Owner or lessee of the property. 60-6 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its use in the work. 60-7 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified, if any, to be furnished by the Owner. Owner -furnished materials shall be made available to the Contractor at the location specified. All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner -furnished materials shall be included in the unit price bid for the contract item in which such Owner - furnished material is used. After any Owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor's handling, storage, or use of such Owner -furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor's handling, storage, or use of Owner -furnished materials. END OF SECTION 60 GP -23 AC 150/5370-10G 7/21/2014 SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-1 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his or her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor or the Contractor's employees. 70-2 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful execution of the work. All required City permits shall be obtained by the Contractor, however, fees associated with City issued permits will be waived. 70-3 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, the Contractor shall provide for such use by suitable legal agreement with the Patentee or Owner. The Contractor and the surety shall indemnify and hold harmless the Owner, any third parry, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the execution or after the completion of the work. 70-4 RESTORATION OF SURFACES DISTURBED BY OTHERS. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAH) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) is indicated as follows: Owner Person to Contact (Phone Number) Fayetteville — Drake Field Summer Fallen (479-718-7642) FAA Sean Stephens (479-649-2410) Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the Owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such Owners by arranging and performing the work in this contract to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-5 FEDERAL AID PARTICIPATION. For Airport Improvement Program (AIP) contracts, the United States Government has agreed to reimburse the Owner for some portion of the contract costs. Such reimbursement is made from time to time upon the Owner's request to the FAA. In consideration of the United States Government's (FAA's) agreement with the Owner, the Owner has included provisions in this contract pursuant to the requirements of Title 49 of the USC and the Rules and Regulations of the FAA that pertain to the work. GP -25 AC 150/5370-10G 7/21/2014 As required by the USC, the contract work is subject to the inspection and approval of duly authorized representatives of the FAA Administrator, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the USC, the rules and regulations implementing the USC, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-6 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his or her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to his or her health or safety. 70-7 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his or her operations and those of his or her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his or her own operations and those of his or her subcontractors and all suppliers in accordance with the subsection 40-05 titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection 80-04 titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-8 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. Unless otherwise specified, barricades, warning signs, and markings for hazards that are in the air operations area (AOAs) shall be a maximum of 18 inches high. Unless otherwise specified, barricades shall be spaced as detailed in the Construction Safety and Phasing Plan. Barricades, warning signs, and markings shall be paid for under subsection 40-05. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices. When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of advisory circular (AC) 150/5340-1, Standards for Airport Markings. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and the Contractor's parked construction equipment that may be hazardous to the operation of emergency fire -rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work that requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their removal is directed by the Engineer. Open -flame type lights shall not be permitted. GP -26 AC 150/5370-10G 7/21/2014 70-9 USE OF EXPLOSIVES. When the use of explosives is necessary for the execution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property Owner and public utility company having structures or facilities in proximity to the site of the work of his or her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the airport property. 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the execution of the work, resulting from any act, omission, neglect, or misconduct in manner or method of executing the work, or at any time due to defective work or materials, and said responsibility shall not be released until the project has been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non - execution thereof by the Contractor, the Contractor shall restore, at his or her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or the Contractor shall make good such damage or injury in an acceptable manner. 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers, and employees from all suits, actions, or claims, of any character, brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his or her contract considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his or her surety may be held until such suits, actions, or claims for injuries or damages shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he or she is adequately protected by public liability and property damage insurance. 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create for the public or any member thereof, a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. GP -27 AC 150/5370-10G 7/21/2014 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the Owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his or her own estimate of the difficulties involved in arranging the work to permit such beneficial occupancy by the Owner as described in the Construction Safety and Phasing Plan. Upon completion of any portion of the work listed above, such portion shall be accepted by the Owner in accordance with the subsection 50-14 titled PARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at his or herexpense. The Contractor shall make his or her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. Contractor shall be required to conform to safety standards contained AC 150/5370-2 (see Special Provisions). Contractor shall refer to the approved Construction Safety Phasing Plan (CSPP) to identify barricade requirements and other safety requirements prior to opening up sections of work to traffic. 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection 50-14 titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his or her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seeding, and sodding furnished under the contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. GP -28 AC 150/5370-10G 7/21/2014 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection 70-04 titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the Owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control their operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAH facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and the Owners are indicated as shown in Section 70-04. It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of the responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the Owners of all utility services or other facilities of his or her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided in this subsection and subsection 70- 04 titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification provided, it shall be the responsibility of the Contractor to keep such individual Owners advised of changes in their plan of operations that would affect such Owners. Prior to beginning the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such Owner of their plan of operation. If, in the Contractor's opinion, the Owner's assistance is needed to locate the utility service or facility or the presence of a representative of the Owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two days' notice shall because for the Owner to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use hand excavation methods within 3 feet (1 m) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, the Contractor shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to their operations whether due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his or her surety. 70-16 FURNISHING RIGHTS-OF-WAY. The Owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations. GP -29 AC 150/5370-10G 7/21/2014 70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted by this contract, there shall be no liability upon the Engineer, his or her authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or his or her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his or her obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner's rights under any warranty or guaranty. 70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. 70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his or her operations, any building, part of a building, structure, or object that is incongruous with its surroundings, the Contractor shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and the Owner will direct the Contractor to either resume operations or to suspend operations as directed. Should the Owner order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract change order or supplemental agreement as provided in the subsection 40-04 titled EXTRA WORK of Section 40 and the subsection 90-05 titled PAYMENT FOR EXTRA WORK of Section 90. If appropriate, the contract change order or supplemental agreement shall include an extension of contract time in accordance with the subsection 80-07 titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. END OF SECTION 70 GP -30 AC 150/5370-10G 7/21/2014 SECTION 80 EXECUTION AND PROGRESS 80-1 SUBLETTING OF CONTRACT. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. The Contractor shall provide copies of all subcontracts to the Engineer. The Contractor shall perform, with his organization, an amount of work equal to at least twenty five percent (25%) of the total contract cost. Should the Contractor elect to assign his or her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner. 80-2 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within the timeframe set forth in the proposal, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. The Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner. 80-3 EXECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit their progress schedule for the Engineer's approval at the preconstruction meeting. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify their operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the execution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. The Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner. 80-4 LIMITATION OF OPERATIONS. The Contractor shall control his or her operations and the operations of his or her subcontractors and all suppliers to provide for the free and unobstructed movement of aircraft in the air operations areas (AOA) of the airport. When the work requires the Contractor to conduct his or her operations within an AOA of the airport, the work shall be coordinated with airport operations (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AOA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection 70-08 titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. GP -31 AC 150/5370-10G 7/21/2014 When the contract work requires the Contractor to work within an AOA of the airport on an intermittent basis (intermittent opening and closing of the AOA), the Contractor shall maintain constant communications as specified; immediately obey all instructions to vacate the AOA; immediately obey all instructions to resume work in such AOA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AOA until the satisfactory conditions are provided. Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction (see Special Provisions). 80-04.1 OPERATIONAL SAFETY ON AIRPORT DURING CONSTRUCTION. All Contractors' operations shall be conducted in accordance with the project Construction Safety and Phasing Plan (CSPP) and the provisions set forth within the current version of AC 150/5370-2. The CSPP included within the contract documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a Safety Plan Compliance Document that details how it proposes to comply with the requirements presented within the CSPP. The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks to assure compliance with the safety plan measures. The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The Contractor shall assure that all subcontractors are made aware of the requirements of the CSPP and that they implement and maintain all necessary measures. No deviation or modifications may be made to the approved CSPP unless approved in writing by the Owner or Engineer. 80-5 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. Any person employed by the Contractor or by any subcontractor who violates any operational regulations or operational safety requirements and, in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the Engineer. Should the Contractor fail to remove such persons or person, or fail to furnish suitable and sufficient personnel for the proper execution of the work, the Engineer may suspend the work by written notice until compliance with such orders. All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. GP -32 AC 150/5370-10G 7/21/2014 When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, the Contractor may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-6 TEMPORARY SUSPENSION OF THE WORK. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as the Owner may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the execution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his or her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Owner, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. The Contractor shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-7 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: a. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his or her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his or her weekly statement of contract time charged on the following considerations: GP -33 AC 150/5370-10G 7/21/2014 (1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least six (6) hours with the normal work force employed on such principal item. Should the normal work force be on a double -shift, 12 hours shall be used. Should the normal work force be on a triple -shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Owner for reasons not the fault of the Contractor, shall not be charged against the contract time. (2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. (3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. (4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection 50-15 titled FINAL ACCEPTANCE of Section 50. (5) The Contractor will be allowed one (1) week in which to file a written protest setting forth his or her objections to the Engineer's weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time (stated in the proposal) is based on the originally estimated quantities as described in the subsection 20-05 titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. b. Contract Time based on calendar days shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and non -work days. All calendar days elapsing between the effective dates of the Owner's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. c. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially complete. GP -34 AC 150/5370-10G 7/21/2014 If the Contractor finds it impossible for reasons beyond his or her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, the Contractor may, at any time prior to the expiration of the contract time as extended, make a written request to the Owner for an extension of time setting forth the reasons which the Contractor believes will justify the granting of his,or her request. Requests for extension of time on calendar day projects, caused by inclement weather, shall be supported with National Weather Bureau data showing the actual amount of inclement weather exceeded what could normally be expected during the contract period, as detailed in the Special Provisions: The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the supporting documentation justify the work was delayed because of conditions beyond the control and without the fault of the Contractor, the Owner may extend the time for completion by a change order that adjusts the contract time or completion date. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-8 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection 80-07 titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his or her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in their contract. Construction time shall be as included in the Proposal and Contract. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the contract. 80-9 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his or her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if the Contractor: a. Fails to begin the work under the contract within the time specified in the Notice to Proceed, or b. Fails to perform the work or fails to provide sufficient workers, equipment and/or materials to assure completion of work in accordance with the terms of the contract, or c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d. Discontinues the execution of the work, or e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g. Allows any final judgment to stand against the Contractor unsatisfied for a period of 10 days, or h. Makes an assignment for the benefit of creditors, or i. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason above, the Engineer shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance GP -35 AC 150/5370-10G 7/21/2014 therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the execution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the execution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of his or her responsibilities for the completed work nor shall it relieve his or her surety of its obligation for and concerning any just claim arising out of the work performed. 80-11 WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS. The Contractor shall obtain approval from the Engineer prior to beginning any work in all areas of the airport. No operating runway, taxiway, or air operations area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate his or her work in such a manner as to ensure safety and a minimum of hindrance to flight operations. No equipment will be allowed to park within the approach area of an active runway at any time. END OF SECTION 80 GP -36 AC 150/5370-10G 7/21/2014 SECTION 90 MEASUREMENT AND PAYMENT 90-1 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer, or his or her authorized representatives, using United States Customary Units of Measurement or the International System of Units. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of 9 square feet (0.8 square meters) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inch. The term "ton" will mean the short ton consisting of 2,000 Ib (907 km) avoirdupois. All materials that are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material is paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable for the materials hauled, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon (liter) or ton (kg). When measured by volume, such volumes will be measured at 60°F (16°C) or will be corrected to the volume at 60°F (16°C) using ASTM D1250 for asphalts or ASTM D633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. GP -37 AC 150/5370-10G 7/21/2014 When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kg) or hundredweight (km). Timber will be measured by the thousand feet board measure (MFBM) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection 90-05 titled PAYMENT FOR EXTRA WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gauge, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within 1/2% of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1% of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50 -pound (2.3 km) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighting -accuracy test will be reduced by the percentage of error in excess of one-half of 1 %. In the event inspection reveals the scales have been underweighing (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. GP -38 AC 150/5370-10G 7/21/2014 When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-2 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the execution thereof, subject to the provisions of the subsection 70-18 titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-3 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection 40-02 titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his or her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-4 PAYMENT FOR OMITTED ITEMS. As specified in the subsection 40-03 titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or non -perform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-5 PAYMENT FOR EXTRA WORK. Extra work, performed in accordance with the subsection 40-04 titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. 90-6 PARTIAL PAYMENTS. Partial payments will be made to the Contractor at least once each month as the work progresses. Said payments will be based upon estimates, prepared by the Engineer, of the value of the work performed and materials complete and in place, in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection 90-07 titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars. GP -39 AC 150/5370-10G 7/21/2014 The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. The Owner must ensure prompt and full payment of retainage from the prime Contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. From the total of the amount determined to be payable on a partial payment, five percent (5%) of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section. The balance (95%) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his or her option, as provided in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section, no such percent retainage shall be deducted. When at least 95% of the work has been completed, the Engineer shall, at the Owner's discretion and with the consent of the surety, prepare estimates of both the contract value and the cost of the remaining work to be done. The Owner may retain an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection 90-09 titled ACCEPTANCE AND FINAL PAYMENT of this section. The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim. 90-7 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: a. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. c. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. d. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. GP -40 AC 150/5370-10G 7/21/2014 e. The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his or her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-8 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, if an Owner withholds retainage in accordance with the methods described in subsection 90-06 PARTIAL PAYMENTS, the Contractor may request that the Owner deposit the retainage into an escrow account. The Owner's deposit of retainage into an escrow account is subject to the following conditions: a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner. b. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the retainage that would otherwise be withheld from partial payment. c. The Contractor shall enter into an escrow agreement satisfactory to the Owner. d. The Contractor shall obtain the written consent of the surety to such agreement. 90-9 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection 50-15 titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of the Contractor's objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30 -day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection 50-16 titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, and after the Engineer's receipt of the project closeout documentation required in subsection 90-11 Project Closeout, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection 50-16 titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. GP -41 AC 150/5370-10G 7/21/2014 90-10 CONSTRUCTION WARRANTY. a. In addition to any other warranties in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, workmanship, or design furnished, or performed by the Contractor or any subcontractor or supplier at any tier. b. This warranty shall continue for a period of one year from the date of final acceptance of the work. If the Owner takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one year from the date the Owner takes possession. However, this will not relieve the Contractor from corrective items required by the final acceptance of the project work. c. The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Owner real or personal property, when that damage is the result of: (1) The Contractor's failure to conform to contract requirements; or (2) Any defect of equipment, material, workmanship, or design furnished by the Contractor. d. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement. e. The Owner will notify the Contractor, in writing, within 14 days after the discovery of any failure, defect, or damage. f. If the Contractor fails to remedy any failure, defect, or damage within 30 days after receipt of notice, the Owner shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed, in writing, for the benefit of the Owner, as directed by the Owner, and (3) Enforce all warranties for the benefit of the Owner. h. This warranty shall not limit the Owner's rights with respect to latent defects, gross mistakes, or fraud. 90-11 PROJECT CLOSEOUT. Approval of final payment to the Contractor is contingent upon completion and submittal of the items listed below. The final payment will not be approved until the Engineer approves the Contractor's final submittal. The Contractor shall: a. Provide Nve (2) one (1) copy of all manufacturers warranties specified for materials, equipment, and installations. b. Provide weekly payroll records (not previously received) from the general Contractor and all subcontractors. c. Complete final cleanup in accordance with subsection 40-08, FINAL CLEANUP. d. Complete all punch list items identified during the Final Inspection. e. Provide complete release of all claims for labor and material arising out of the Contract. f. When applicable per state requirements, return copies of sales tax completion forms. GP -42 AC 150/5370-10G 7/21/2014 g. Manufacturer's certifications for all items incorporated in the work. h. Project Operation and Maintenance (O&M) Manual. L Equipment commissioning documentation submitted, if required. END OF SECTION 90 GP -43 AC 150/5370-10G 7/21/2014 SECTION NOT USED. SECTION 100 CONTRACTOR QUALITY CONTROL PROGRAM END OF SECTION 100 GP -45 AC 150/5370-10G 7/21/2014 SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) SECTION NOT USED. END OF SECTION 110 GP -49 A. B. C SPECIAL PROVISIONS TABLE OF CONTENTS FEDERAL AVIATION ADMINISTRATION REQUIREMENTS A-01 Civil Rights - General A-02 Civil Rights - Title VI Assurance A-03 Occupational Safety and Health Act of 1970 A-04 Right to Inventions A-05 Seismic Safety STATE TERMS AND CONDITIONS B-01 General B-02 Bidding B-03 Bonding LOCAL TERMS AND CONDITIONS C-01 Contractor's Insurance C-02 Utilities C-03 Legal Holidays C-04 Clean Up C-05 Project Meetings and Coordination C-06 Liquidated Damages for Delay C-07 Care of Work C-08 Quality Assurance/Materials Testing C-09 Record Documents C-10 Contractor/Subcontractor/Supplier Legal Disputes C-11 General Guaranty C-12 Contractor's Release and Affidavit C-13 Submittals C-14 Wage Rates C-15 Work Hours SP -1 SECTION A — FEDERAL AVIATION ADMINISTRATION REQUIREMENTS A-01 CIVIL RIGHTS - GENERAL The contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the contractor and subtier contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. A-02 CIVIL RIGHTS — TITLE VI ASSURANCE Title VI Solicitation Notice: The Owner, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Compliance with Nondiscrimination Requirements: During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. SP -3 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the contractor under the contract until the contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Title VI List of Pertinent Nondiscrimination Acts and Authorities: During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and I I I of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); SP -4 • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against 'minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating. because of sex in education programs or activities (20 U.S.C. 1681 et seq). A-03 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and Health Administration. A-04 RIGHT TO INVENTIONS Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within in the 37 CFR §401.14. Contractor must include this requirement in all sub -tier contracts involving experimental, developmental or research work. A-05 SEISMIC SAFETY The contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. SP -5 SECTION B — STATE TERMS AND CONDITIONS B-01 GENERAL The intent of this section is to outline the requirements set forth by the State of Arkansas; however, this section does not claim to include all State laws. All requirements set for by the State of Arkansas for bidding and construction shall be included by reference herein. If for any reason that the Federal and/or State requirements conflict with the requirements set forth in this contract, the more stringent of the requirements shall govern. B-02 BIDDING B-02.01 Act 150 of 1965, as amended, has been interpreted, by the State Contractor's Licensing Board, to require a contractor to have a current Arkansas contractor's license in order to submit a valid bid for work when the cost thereof is fifty thousand dollars ($50,000) or more. B-02.02 Act 159 of 1949, as amended, requires the bidder to list his mechanical, plumbing, electrical, and roofing and sheet metal subcontractors. B-03 BONDING. Bonding shall be executed pursuant to the terms of Arkansas Code Annotated §§ 18-44-501 et. Seq., as amended. SP -7 SECTION C — LOCAL TERMS AND CONDITIONS C-01 CONTRACTOR'S INSURANCE Contractor shall obtain insurance of the types and in the amounts described below. The insurance shall be written by insurance companies and on forms acceptable to Owner. Owner and Garver, LLC shall be included as an insured under the CGL, (using ISO Additional Insured Endorsement CG 20 10 1185 or a substitute providing equivalent coverage), and under the commercial automobile liability (using ISO Additional Insured Endorsement CA 2048 or a substitute providing equivalent coverage), and commercial umbrella, if any. This insurance, including insurance provided under the commercial umbrella, if any, shall apply as primary and non- contributory insurance with respect to any other insurance or self-insurance programs afforded to, or maintained by, Owner. C-01.1 Commercial General and Umbrella Liability Insurance: Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance, with a limit of not less than $5,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to the Project. CGL insurance shall be written on ISO occurrence form CG 20 10 (11-85) (or a substitute combination of the following forms CG 20 10 (10-01) and CG 20 37 (10-01)' providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury and liability assumed under an insured contract. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage, or amending the contractual coverage in the ISO occurrence form. CGL insurance shall be written with an ISO form CG 25 03 05 09 Designated Construction Project(s) General Aggregate Limit or a substitute form providing equivalent coverage. C-01.2 Continuing CGL Coverage: Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella liability insurance, with a limit of not less than $5,000,000 each occurrence for at least 3 years following substantial completion of the Work. Continuing commercial umbrella coverage, if any, shall include liability coverage for damage to the insure6s completed Work equivalent to that provided under ISO form CG 00 01. C-01.3 Commercial Auto and Umbrella Liability Insurance: Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired and non -owned autos). Commercial auto coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA 00 01. If the Contract Documents require Contractor to remove and haul hazardous waste from the Project site, or if the Project involves such similar environmental exposure, pollution liability coverage equivalent to that provided under the ISO Pollution Liability -Broadened Coverage for Covered Autos Endorsement (CA 99 48) shall be provided, and the Motor Carrier Act Endorsement (MCS 90) shall be attached. SP -9 C-01.4 Workers' Compensation Insurance: Contractor shall maintain workers' compensation and employer's liability insurance. The employer's liability, and if necessary commercial umbrella, limits shall not be less than $500,000 each accident for bodily injury by accident or $500,000 each employee for bodily injury by disease. If Contractor leases its employees, the alternate employer endorsement (WC 00 03 01 A) shall be attached showing Owner in the schedule as the alternate employer. Where applicable, U.S. Longshore and Harborworkers Compensation Act Endorsement shall be attached to the policy. Where applicable, Nonappropriated Fund Instrumentalities Act (NFIA) shall be attached to the policy. NFIA extends the coverage of the Longshore and Harbor Workers' Compensation Act to civilian employees working on United States military bases throughout the world who are not paid with funds appropriated by Congress. These employees, working in facilities operated for the comfort, contentment, and improvement of armed forces personnel, are instead compensated with funds generated from earnings of their facility. Where applicable, Outer Continental Shelf Lands Act Endorsement shall be attached to the policy. Where applicable, the Maritime Coverage Endorsement shall be attached to the policy. If project is located in a state where workers compensation is secured via monopolistic state funds, include evidence of the "Stop Gap" endorsement to the general liability policy. C-01.5 Property Insurance: If applicable, Contractor shall purchase and maintain property insurance for the Work. Such insurance shall be written in an amount at least equal to the initial contract sum as well as subsequent modifications of that sum. The insurance shall apply on a replacement cost basis. If the insurance obtained in compliance with this paragraph is builders risk insurance, coverage shall be written on a completed value form. The property insurance as required above shall name as insureds the Owner, Contractor, and all subcontractors and sub -subcontractors on the Project. C-01.6 Primary and Non-contributory: Contractor agrees that the insurance listed above, including insurance provided under the commercial umbrella, if any, shall apply as primary and non-contributory insurance with respect to any other insurance or self-insurance programs afforded to, or maintained by, Owner. C-01.7 Waiver of Subrogation: Contractor waives all rights against the Owner and Garver, LLC and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability, commercial umbrella liability insurance, automobile liability insurance and workers compensation insurance maintained pursuant to paragraph C-01 of this agreement. C-01.8 No Implied Waiver: Contractor shall furnish certifications matching the coverage requirements. Failure of Owner or Engineer to demand such certificate or other evidence of full compliance with these insurance requirements or failure of Owner or Engineer to identify a deficiency from evidence that is provided shall not be construed as a waiver of the contractors obligations to furnish and maintain such insurance, or as a waiver to the enforcement of any of the provisions at a later date. Any waiver of the contractor's obligation to furnish such certificate or maintain such evidence must be by written change order and signed by a Managing Member (Officer) of the Engineer and the Owner. SP -10 C-01.9 Cancellation, Non -Renewal, and/or Impairment Notification: The Contractor shall not cause any insurance policy to be cancelled or permit it to lapse and all insurance policies shall include an endorsement to the effect that the insurance policy or certificate shall not be subject to cancellation or to a reduction in the required limits of liability or -amounts of insurance until notice has been mailed to the Owner and Engineer, stating the date when such cancellation or reduction shall be effective, which date shall not be less than (60) days after such notice. The amount of additional insurance premium required for obtaining Owner's and Engineer's Protective Liability insurance for the Owner and Garver, LLC will not be measured for separate payment but shall be included in the total project cost. Notice shall be sent via email and regular mail to the following persons and addresses: Owner: Summer Fallen 4600 S. School Avenue Suite F Fayetteville, AR 72701 SFallen@fayetteville-ar.gov Garver: Ben Perea 2049 E Joyce Blvd Suite 400 Fayetteville, AR 72703 BMPerea@GarverUSA.com SP -11 C-01.10 Sample Certificate of Liability Insurance: ace 0 CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDOl1'YYY) (must be dated) 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 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 Agency Name CONTACT NAME Agency contact PHONE IAIC No A ency ph# FAX AIC No: Agency Address E-MAIL ADDRESS: Agency contact email address A GENERAL LIABILITY INSURERS AFFORDING COVERAGE NAIC 0 INSURER A: Carrier Name (AM Best Rating) I INSURER B: — www.stephens.com INSURED Named Insured on the policies INSURER C: INSURER D: I INSURER E: 1( INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - 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. INSR LTR TYPE OF INSURANCE SUS POLICY NUMBER POLICY EFF MW POLICY EXP MMIOD I LIMITS A GENERAL LIABILITY EACH OCCURRENCE S 5,606,000 COMMERCIAL GENERAL LIABILITY CLAr.—ADEI ,/_OCCUR X 1( XXXXXXXXXX PREEMISES(EMAGE TO sooccccurarrence $ ! 300;000 MEDEXP(Anyoneperson) 5 10,000 PERSONAL S ADV INJURYS 1,000,000 GENERAL AGGREGATE d S E 5000,000 GENL AGGREGATE LIMIT APPLIES PER: PRO• LOC POLICY' r/ JSCT –1 PRODUCTS-COMPIOPAGG IS '. 500000 Is AUTOMOBILE ✓ LIABILITY AHI:AUTO� X X XXXXXXXXXXX COMBttINSINGLE LIMIT S '. 1 000,000 BODILY INJURY (Per Person)ALL IS J AUTOS ED AUTOS SCHEDULED NON4WNED HIRED AUTOS ,/ AUTOS BODILY INJURY (Per aaklent) S PROPS DAMAGE Per accident)5 S 5 UYBRI:LLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE X X XXXXXXXXXXX Umbrella I EeetBsonly i1 �� needed t0 meet the required) EACH OCCURRENCE S AGGREGATE g � DED RETENTIONS XXXXX s s underlying General Liability fJ limit. _ _ Is WORKERS COMPENSATION AND EMPLOYERT (LABILITY ANY PR OPMErORIPARTNERIEXECUTIVE YIN OFFICEWMEMBER EXCLUDED? (Manna fry In NH) MIA X XXXXXXXXXXX pTH TORY LIMITS ER 'ORY LIMITS E.L. EACH ACCIDENT S (I. 566,006 EL DISEASE- EA EMPLOYEE S 7 500 000 If yes, describe under DESCRIPTION OF OPERATIONS bebw EI DISEASE-POUCYLIMIT 5 P 500,000 I xxxXxxXXXXX DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, IT more space ie required) `Owner&Garver, LLC shall be indudedai-a Additio'nallnnured by endorsement #CG2010(t 1785) on the General Liibility and-#CA2048 on the Autom nd Umbrella or substitute endorsement providing equivalent coverage. Coverage shall be Primary and non-conMbutbry with respect to any other insu r rr self-insurance programs afforded to the Owner and Garver I.I.C. Waiver of Subrogation applies in favor of the Owner and Garver LLC on alipolicies. �60 day notice will be provided to the Owner and Garver LLC in the event of cancellation, non -renewal and/or impairment of the Contractor's policies . CERTIFICATE HOLDER CANCELLATION 1 and SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Garver LLC ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE `(must-be.signedtry the-C..ador!s Insurance Agent) _ ©1988-2010 ACORD CORPORATION. All rights reserved. �ACORD 25 (2010106) The ACORD name and logo are registered marks of ACORD CERT NO.: 15415674 Kathy Jones 2/11/2013 10:53:41 AN Page 1 of 1 SP -12 ile nca C-02 UTILITIES All work in this contract shall be in accordance with the Arkansas Underground Facilities Damage Prevention Act. The Contractor shall abide by the most current edition of this Act. Underground utilities exist within and adjacent to the limits of construction. An attempt has been made to locate these utilities on the plans. However, all existing utilities may not be shown and the actual locations of the utilities may vary from the locations shown. The Contractor shall be responsible for the protection of all existing utilities, structures, equipment, or improvements crossed by or adjacent to his construction operations. Where existing utilities, service lines, structures, equipment, etc. are cut, broken, or damaged, the Contractor shall replace or repair immediately these items with the same type of original material and construction or better, at his own expense to the satisfaction of the Owner and the Engineer. After damage discovery, the Contractor shall immediately coordinate with the Owner and the Engineer on the complete repair and/or replacement work required. Following written notice of work required, the Contractor shall expeditiously begin and finish this work with all labor and materials required. All repair and/or replacement work, labor, and materials shall be supplied and installed by the Contractor. If the Contractor fails to promptly perform the repair work and correct all deficiencies, the Owner shall have the option of remedying the defects and any expenses incurred by the Owner shall be withheld from the Contractor's payments. C-03 LEGAL HOLIDAYS Holidays that shall be observed are the following: New Year's Day (January 1); Dr. Martin Luther King Jr.'s Birthday (3rd Monday in January); President's Day (3rd Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (1st Monday in September); Columbus Day (2nd Monday in October); Thanksgiving Day (4th Thursday in November); Day after Thanksgiving (Friday following Thanksgiving); Christmas Eve (December 24); and Christmas Day (December 25). If a holiday falls on a Saturday or Sunday, the observed day shall be the Friday preceding the Saturday or the Monday following the Sunday. No construction observation will be furnished on legal holidays or Sundays, except in an emergency. The Contractor shall observe these legal holidays and all Sundays, and no work shall be performed on these days except in an emergency. Calendar day contract time includes delays for all holidays. Refer to Section C-06 for more information. . C-04 CLEAN UP From time to time, the Contractor shall clean up the site, including any work areas at the airport, in order that the site presents a neat appearance and the progress of the work not be impeded. One such period of clean up shall immediately precede final inspection. Immediately following acceptance of the work by the Owner, the Contractor shall remove all temporary plant, equipment, surplus materials, and debris resulting from his operations, and leave the site in a condition fully acceptable to the Owner. C-05 PROJECT MEETINGS AND COORDINATION A preconstruction conference will be called by the Engineer at a time convenient to the Owner and before the issuance of the "Notice to Proceed". The Engineer and the Contractor and such subcontractors as the Contractor may desire shall attend this meeting with the Owner. The Owner and/or Engineer will call such coordination conferences as may seem expedient to him for the purpose of assuring coordination of the work covered by this Contract. The Contractor shall attend all such conferences. This in no way relieves the Contractor of his responsibility to fully coordinate his work under this Contract. SP -13 C-06 LIQUIDATED DAMAGES FOR DELAY The number of calendar days allowed for completion of the project is stipulated in the Proposal and in the Contract and shall be known as the Contract Time. The Contractor agrees that time is a critical element for this Contract. Loss will accrue to the Owner due to delayed completion of the work; and the cost to the Owner of the administration of the Contract, including engineering, inspection, and supervision, will be increased as the time occupied in the work is lengthened. The Contractor agrees that for each day of delay beyond the number of calendar days herein agreed upon for the completion of the work herein specified and contracted for, the Owner may withhold, permanently, from the Contractor's total compensation, the sum of Five Hundred Dollars ($500.00) as stipulated damages for each day of such delay. Should the amount otherwise due the Contractor be less than the amount of such ascertained and liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. It is understood and agreed by and between the Owner and the Contractor that the time of completion herein set out is a reasonable time. The Contractor shall perform fully, entirely, and in an acceptable manner, the work contracted for within the contract time stated in the Contract. The contract time shall be counted from ten days after the effective date of the "Notice to Proceed", or the date work commences, whichever occurs first; and shall include all Sundays, holidays, and non -work days. All calendar days elapsing between the effective dates of any orders of the Engineer for suspension of the prosecution of the work, due to the fault of the Contractor, shall be counted as elapsed contract time, and shall not be considered for an extension of time. Extensions of time for completion, under the condition of 3(a) next below, will be granted; extensions may be granted under other stated conditions: 1. If the satisfactory execution and completion of the Contract shall require work or material in greater amounts or quantities than those set forth in the Contract, then the Contract time shall be increased in the same proportion as the additional work bears to the original work contracted for. 2. An average or usual number of inclement weather days, when work cannot proceed, is to be anticipated during the construction period and is not to be considered as warranting extension of time. The days included in the contract time for Normal Weather -Related Events and holidays are as follows: (On A Monthly Basis) Month Normal Weather- Related Events Holidays January 13 2 February 10 1 March 8 0 April 6 0 May 6 1 June 5 0 July 5 1 August 5 0 September 4 1 October 6 1 November 5 2 December 12 2 If, however, it appears that the Contractor is delayed by conditions of weather, outside of normal weather-related events detailed in the proceeding table, extensions of time may be granted. SP -14 3. Should the work under the Contract be delayed by other causes which could not have been prevented or contemplated by the Contractor, and which are beyond the Contractor's power to prevent or remedy, an extension of time may be granted. Such causes of delay shall include but not necessarily be limited to the following: a. Acts of God, acts of the public enemy, acts of the Owner except as provided in these Specifications, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. b. Any delays of Subcontractors or suppliers occasioned by any of the causes specified above. The Engineer or other authorized representative of the Owner shall keep a written record sufficient for determination as to the inclusion of that day in the computation of Contract time. This record shall be available for examination by the Contractor during normal hours of work as soon as feasible after the first of each construction month. In case of disagreement between the representative of the Owner and the Contractor, as to the classification of any day, the matter shall be referred to the Owner whose decision shall be final. If the Contractor finds it impossible for reasons beyond his control to complete the work within the Contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the Contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may recommend to the Owner that the contract time be extended as conditions justify. If the Owner extends the contract, the extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. The amount of all extensions of time for whatever reason granted shall be determined by the Owner. In general, only actual and not hypothetical days of delay will be considered. The Owner shall have authority to grant additional extensions of time as the Owner may deem justifiable. C-07 CARE OF WORK The Contractor shall avoid damage, as a result of his operations, to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, equipment, etc., and he shall at his own expense completely repair any damage thereto caused by his operations, to the satisfaction of the Owner and Engineer. After damage discovery, the Contractor shall immediately coordinate with the Owner and the Engineer on the complete repair and/or replacement work required. Following written notice of work required, the Contractor shall expeditiously begin and finish this work with all labor and materials required. All repair and/or replacement work, labor, and materials shall be supplied and installed by the Contractor. If the Contractor fails to promptly perform the repair work and correct all deficiencies, the Owner shall have the option of remedying the defects and any expenses incurred by the Owner shall be withheld from the Contractor's payments. C-08 QUALITY ASSURANCEIMATERIALS TESTING The Owner shall be responsible for quality assurance testing as stated in theses specifications; however, the Contractor shall be responsible for payment of any subsequent tests made necessary by previous unsatisfactory tests. In this event, the Owner's quality assurance representative shall conduct the additional testing and payment for such tests shall be directly deducted from the Contractor's payment. The Contractor shall pay for additional testing at the Owner's contract rate. SP -15 C-09 RECORD DOCUMENTS The Contractor shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, Shop Drawings and samples at the site, in good order, and annotated to show all changes made during the construction process. In addition, the Contractor shall note any differences between locations of underground existing facilities shown in the plans and the actual location located during construction. These record documents shall be available to the Engineer for examination and shall be delivered to the Engineer upon completion of the work. C-10 CONTRACTOR/SUBCONTRACTOR/SUPPLIER LEGAL DISPUTES Any fees, expenses, charges, fines or other costs borne by the Owner as a result of legal disputes or lawsuits between the contractor and his subcontractors, or between the contractor and his suppliers, shall be deducted from monies due or which may thereafter become due the contractor. C-11 GENERAL GUARANTY Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the improvements embraced in this contract by the Owner or the public shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting there, which shall appear within a period of 12 months from the date of final acceptance of the work. The Contractor will be responsible for all costs associated with construction observation and oversight for the repair work.. The Owner will give notice of defective materials and work with reasonable promptness. In the event repair work is required, the Contractor shall remedy any defects and pay for any damage to other work resulting there, which shall appear within a period of 12 months from the date of the acceptance of the repair work. C-12 CONTRACTOR'S RELEASE AND AFFIDAVIT At the project's completion, the Contractor shall execute the attached Release and Lien Waiver to release all claims against the Owner arising under and by virtue of his Contract. The date of the Release shall be that agreed to for the final acceptance of the project with the Owner. C-13 SUBMITTALS The Contractor shall prepare and submit information required by the individual Specification sections sufficiently in advance of the related work to allow an appropriate review time by the Engineer. The types of submittals are indicated in the individual Specification sections. During the preconstruction conference, the Contractor shall review his submittal schedule and procedures, including notifying the Engineer whether electronic submittals or paper submittals will be provided for all submittal packages in the project. Mixing of package types will not be allowed. The Contractor shall provide one of the following submittal package types: 1. Submit electronic submittals via email as PDF electronic files directly to the Engineer's designated representative, or post these PDF electronic files directly to the Engineer's FTP site specifically established for this project. Electronic submittals shall be in Adobe Acrobat (".PDF) format and shall be legible when printed. 2. Submit six (6) paper submittal copies via mail or other courier service to the Engineer's designated representative. SP -16 Submittals shall be neat, organized, and easy to interpret. Assemble complete submittal package into a single indexed electronic file or hard cover bound book, incorporating submittal requirements of an individual Specification section, the transmittal form with unique submittal numbering system, and electronic links or tabs enabling navigation to each item. Unless approved otherwise by the Engineer, all submittals for the individual Specification section shall be submitted at one time. Submittals must come directly from the Prime Contractor; submittals from subcontractors or suppliers will not be reviewed. Incomplete submittals are unacceptable, will be considered nonresponsive, and will be returned for resubmittal without review. Faxed submittals or submittals with extremely small or otherwise unreadable print will not be accepted. Submittals not required by the Contract Documents will be returned by the Engineer without action. The Contractor shall retain complete copies of submittals on project site. Use only final submittals that are marked with approval notation from Engineer's submittal review stamp with comments form. Resubmittals shall continue the unique, sequential, submittal numbering system. Resubmittals without unique numbering, example resubmittals transmitted as 005A or 005REV, are unacceptable and will be returned un -reviewed. C-14 WAGE RATES The Arkansas prevailing wage rates for this project are attached to the end of the Special Provisions: C-15 WORK HOURS The Contractor shall abide by the City of Fayetteville ordinance of allowing work between 7 am and 11 pm Monday through Saturday and Sunday between 9 am and 11 pm. END OF SPECIAL PROVISIONS SP -17 ASA HUTCHINSON STATE OF ARKANSAS LEON JONES, JR. GOVERNOR' DIRECTOR ARKANSAS DEPARTMENT OF LABOR i PREVAILING WAGE DIVISION 10421 WEST MARKHAM • LITTLE ROCK, AR 72205-2190 Phone: 501-682-4536 Fax: 501-682-4.506 TRS: 800-285-1131 January 12, 2017 Benjamin Perea Garver Engineers L.L.C. 2049 E Joyce Blvd, Suite 400 Fayetteville, AR 72703 Re: . FYV CORPORATE HANGAR ROOF REHABILITATION DRAKE FIELD AIRPORT FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY Dear Mr. Perea: In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 16-354 establishing the minimum wage rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder. If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann. § 22-9-308 (b) (2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. § 22-9-308 (c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. § 22-9-309 (a). Also enclosed is a "Statement of Intent to Pay Prevailing Wages" form that should be put in your specifications along with the wage determination. The General/Prime Contractor is responsible for getting this form filled out and returned to this office within 30 days of the Notice to Proceed for this project. office. When you issue the Notice to Proceed for this project, please send a copy of the notice to my If you have any questions, please call me at (501) 682-4536 or fax (501) 682-4506. Sincerely, rlC Lorna K. Smith Prevailing Wage Division Enclosures Arkansas Department of Laoor Prevailing Wage Determination Date: 1/12/2017 Determination #: 16-354 Expires: 7/12/2017 Project: FYV Corporate Hangar Roof Rehabilitation Site: Drake Field Airport City: Fayetteville, Arkansas Project County: Washington Survey#: 716-AR05 COUNTY(S) Group Washington 5 CLASSIFICATION Basic Hourly Rate Fringe Benefits Asbestos Worker/Insulator $13.30 $3.45 Bricklayer/Pointer, Cleaner, Caulker, Stone Mason $22.90 Carpenter $15.10 $2.35 Concrete Finisher/Cement Mason $16.75 Elevator Mechanic $24.30 $12.18 Glazier $14.30 $2.00 HVACR Mechanic (Excludes Duct Work) $16.50 $0.65 Ironworker (Including Reinforcing Work) $12.85 $0.38 Laborer $11.95 Marble/Tile/Terrazzo $12.69 Metal Building Erector $15.50 Millwright $10.85 $1.65 Painter/Sheet Rock Finisher $14.85 Plasterer $13.00 Plumber/Pipefitter. . $21.30 $2.30 Roofer $15.05 Sheet Metal (Includes Duct Work) $16.45 $4.00 Sprinkler Fitter $20.00 $2.83 Waterproofer $16.30 $1.29 Group 1 - Operator $15.10 $3.40 Group 2 - Operator $18.20 Group 3 - Operator $15.85 $2.75 Group 4 - Operator $15.50 $2.55 Laborer (Brick/Stone Tender) $13.20 Low Voltage/Alarm Installer $14.00 $2.40 Truck Driver (Excludes Dump Truck) $12.30 Electrician $21.65 $1.40 Welders -receive rate prescribed for craft performing operation to which welding is incidental. Certified 7/1/2016 Classifications that are required, but not listed above, must be requested in writing from the Arkansas Department of Labor, Prevailing wage Division. Please call (501) 682-4536 for a request form. 1/12/2017 3:23 PM Page 1 of 1 Operators engaged in operating the following equipment: Cranes, draglines, shovels and piledrivers with a lifting capacity of 50 tons or over, and operators of all tower climbing cranes and derricks required to work 25 feet or over from the ground, blacksmith and mechanics. Group II Operators engaged in operating the following equipment or performing work relative to the engineer's jurisdiction: Hydraulic cranes, cherry pickers, backhoes, and all derricks with a lifting capacity less than 50 tons, as specified by the manufacturer, all backhoes, tractor or truck type, all overhead & traveling cranes, or tractors with swinging boom attachments, gradealls all above equipment irrespective of motive power, leverman (engineer), hydraulic or bucket dredges, irrespective of size, trackhoes, excavators. Group III Heavy Equipment Operators. Operators engaged in operating the following equipment: all bulldozers, all front end loaders, all sidebooms, skytracks, forklifts, all push tractors, all pull scrapers, all motor graders, all trenching machines, regardless of size or motive power, all backfillers, all central mixing plants, 10S and larger, finishing machines, all boiler fireman high or low pressure, all asphalt spreaders, hydro truck crane, multiple drum hoist, irrespective of motive power, all rotary, cable tool, core drill or churn drill, water well and foundation drilling machines, regardless of size, regardless of motive power and dredge tender operator, asphalt paving machines. Group IV Light Equipment Operators. Operators engaged in operating the following equipment: Oilerdriver motor crane, single drum hoists, winches and air tuggers, irrespective of motive power, winch or A frame trucks, rollers of all types and pull tractors, regardless of size, elevator operators inside and outside when used for carrying workmen from floor to floor and handling building material, Lad-A-Vator Conveyor, batch plant, and mortar or concrete mixers, below 10S, end dump euclid, pumperete spray machine and pressure grout machine, air compressors, regardless of size. All light equipment, welding machines, light plants, pumps, all well point system dewatering and portable pumps, space heaters, irrespective of size, and motive power, equipment greaser, oiler, mechanic helper, drilling machine helper, asphalt distributor and like equipment, safety boat operator and deckhand. STATEMENT OF INTENT TO PAY PREVAILING WAGES PROJECT: FYV CORPORATE HANGAR ROOF REHABILITATION DRAKE FIELD AIRPORT FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY This is to certify that we, the following listed contractors, are aware of the wage requirements of the Arkansas Prevailing Wage Law and by signature below indicate our intent to pay no less than the rates established by Arkansas Prevailing Wage Determination Number 16-354 for work performed on the above noted public project. I understand that contractors who violaf-- prevailing wage laws, i.e., incorrect classification/scope of work of workers, improper payments of prevailing wages, etc., are subject t _ fines and will be required to pay back wages due to workers. Signature and Title Business Name Address Phone# of Business Official General/Prime Contractor Electrical Subcontractor Mechanical Subcontractor Plumbing Subcontractor Roofing/ Sheet Metal Subcontractor THE GENERAL/PRIME CONTRACTOR IS RESPONSIBLE FOR GETTING THIS FORM FILLED OUT AND RETURNING IT TO THE ARKANSAS DEPARTMENT OF LABOR WITHIN 30 DAYS OF THE NOTICE TO PROCEED FOR THIS PROJECT. RETURN COMPLETED FORM TO THE ARKANSAS DEPARTMENT OF LABOR, PREVAILING WAGE DIVISION, 10421 W. MARKHAM, LITTLE ROCK, ARKANSAS, 72205. RELEASE OF LIEN FROM: Contractor's Name Address TO: Owner's Name Address DATE OF CONTRACT: Upon receipt of the final payment and in consideration of that amount, the undersigned does hereby release the Owner and its agents from any and all claims arising under or by virtue of this Contract or modification thereof occurring from the undersigned's performance in connection with the project. Contractor's Signature Title Subscribed and sworn to before me this day of 20 Notary Public My Commission Expires: SP -25 CONTRACTOR'S AFFIDAVIT FROM: Contractor's Name Address TO: Owner's Name Address DATE OF CONTRACT: I hereby certify that all claims for material, labor, and supplies entered into contingent and incident to the construction or used in the course of the performance of the work on have been fully satisfied. Contractor's Signature Title Subscribed and sworn to before me this day of 120 Notary Public My Commission Expires: The Surety Company consents to the release of the retained percentage on this project with the understanding that should any unforeseen contingencies arise having a right of action on the bond that the Surety Company will not waive liability through the consent to the release of the retained percentage. Dated By Surety Company Resident Agent, State of Project SP -27 SECTION 07 0100 UNIT PRICES PART 1— GENERAL 1.01 SUMMARY A. Section includes administrative and procedural requirements for unit prices for. all Division 07 items. 1.02 RELATED DOCUMENTS A. Applicable portions of the Agreement, Conditions of the Contract (General, Special, and other Provisions), Specifications, Addenda issued prior to the execution of the Contract, other documents listed in the Agreement and Modifications issued after the execution of the Contract shall apply to this Section. The general requirements for this work are located in the General Provisions of the Specifications. 1.03 DEFINITIONS A. Unit price is an amount incorporated in the Agreement, applicable during the duration of the Work as a price per unit of measurement for materials, equipment, or services, or a portion of the Work, added to or deducted from the Contract Sum by appropriate modification, if the scope of Work or estimated quantities of Work required by the Contract Documents are increased or decreased. 1.04 PROCEDURES A. Unit prices include all necessary material, plus cost for site preparation, mobilization, phasing, badging, roof cleaning, delivery, installation, clean-up, insurance, warranties, applicable taxes, tools, equipment, incidentals, labor, overhead, and profit necessary to complete the work in accordance with all applicable technical specifications and manufacturer recommendations in order to obtain the required warranties. B. Measurement and Payment: See Section 1.05 of this Specification. C. Owner reserves the right to reject Contractor's measurement of work -in-place that involves use of established unit prices and to have this work measured, at Owner's expense, by an independent surveyor acceptable to Contractor. D. List of Unit Prices: A schedule of unit prices and quantities is included in the proposal. Specification Sections referenced in the schedule contain requirements for materials described under each unit price. 07 0100 - 1 UNIT PRICES 1.05 SCHEDULE OF UNIT PRICES A. 070100-1 South Delta Aviation Hangar Roof Rehabilitation: 1. Description: Complete rehabilitation of the South Delta Aviation Hangar roof. This item shall include, but is not limited to, retightening or replacement of all exposed fasteners, as necessary; the waterproofing of all roof panels to wall panels; the removal of existing gutters and waterproofing of the roof panels to wall panels; the reinstallation of existing gutters, including the replacement of missing gutter downspout with kick out away from building; the waterproofing of all exposed fasteners, seams, flashing, rake trim, protrusions, and other terminations; the removal and reinstallation of exterior light fixtures and waterproofing of all associated penetrations; the waterproofing of any remaining wall or roof penetration; and the installation of a white elastomeric silicone coating system over the entire roof system. 2. Per lump sum completed by the Contractor and accepted by the Engineer/Architect. B. 070200-2 A & P Facility Roof Rehabilitation: 3. Description: Complete rehabilitation of the A & P Facility roof. This item shall include, but is not limited to, retightening or replacement of all exposed fasteners, as necessary; the waterproofing of all roof panels to wall panels; the removal and reinstallation of existing gutters and waterproofing of the roof panels to wall panels; the waterproofing of all exposed fasteners, seams, flashing, rake trim, protrusions, and other terminations; the removal and reinstallation of exterior light fixtures and waterproofing of all associated penetrations; the waterproofing of any remaining wall or roof penetration; and the installation of a white elastomeric silicone coating system over the entire roof system. 4. Per lump sum completed by the Contractor and accepted by the Engineer/Architect. C. 070300-3 Wings Avionics Roof Rehabilitation: 1. Description: Complete rehabilitation of the Wings Avionics roof. This item shall include, but is not limited to, retightening or replacement of all exposed fasteners, as necessary; the waterproofing of all roof panels to wall panels; the removal and reinstallation of existing gutters and waterproofing of the roof panels to wall panels; the waterproofing of all exposed fasteners, seams, flashing, rake trim, protrusions, and other terminations; the removal and reinstallation of exterior light fixtures and waterproofing of all associated penetrations; the waterproofing of any remaining wall or roof penetration; and the installation of a white elastomeric silicone coating system over the entire roof system. 2. Per lump sum completed by the Contractor and accepted by the Engineer/Architect. END OF SECTION 070100-2 UNIT PRICES SECTION 07 0150 ELASTOMERIC SILICONE COATING FOR METAL ROOFS PART 1- GENERAL 1.01 SUMMARY A. Work Included: Furnish and install coating system on existing Metal roof at South Delta Aviation, A&P Facility, and Wings Avionics. 1.02 RELATED DOCUMENTS A. Applicable portions of the Agreement, Conditions of the Contract (General, Special, and other Provisions), Specifications, Addenda issued prior to the execution of the Contract, other documents listed in the Agreement, and Modifications issued after the execution of the Contract shall apply to this Section. The general requirements for this work are located in the General Provisions of the Specifications. 1.03 SUBMITTALS AND SUBSTITUTIONS A. In accordance with the Special Provisions. B. Product Data: Submit manufacturer's standard submittal package including specification, installation instructions and general information for each waterproofing material. C. Applicator Qualifications: Submit current "Qualified Applicator" Certificate from the specified waterproofing manufacturer. D. Submitted Material Warranty must be supplied by product manufacturer. E. Substrate Conditions: 1. Manufacturer's representative to present to owner a completed inspection form verifying substrate condition and any noted defects not specifically addressed in regard to this installation. 2. Surface shall be free from loose dirt, stone, debris, moisture, and shall be in stable condition. Any work on the area to receive this application shall be completed prior to installation. 3. Applicator shall complete a substrate inspection prior to start of roofing. The architect/owner and applicator shall accept the surface. Start of the work constitutes acceptance. 1.04 QUALIFICATIONS A. Primary waterproofing materials shall be a product of a single source manufacturer. The primary manufacturer shall recommend secondary materials. Manufacturer shall have a minimum of 10 years' experience in the manufacture of materials of this type. B. Applicators shall have a minimum of 5 years' experience in the application of waterproofing materials of this type specified. Applicator shall possess a current "Qualified Applicator" Certificate from the specified waterproofing manufacturer. 07 0150 - 1 ELASTOMERIC SILICONE COATING FOR METAL ROOFS C. Pre -Installation Conference: Just prior to commencement of the fluid application waterproofing system, meet at the site with a representative of the coating manufacture, the waterproofing contractor, the general contractor, the architect and other parties affected by this section. Review methods and procedures, substrate conditions, scheduling and safety. D. Materials other than those specified shall be submitted to the architect/owner for approval no later than ten days prior to the bid date. In requesting prior approval, it shall be necessary to submit: I. A letter of certification, signed by an officer of the manufacturer, stating that the alternative material is equal to or better than the specified product. 2. Independent laboratory test data giving physical property values in comparison to the specified material. 1.05 DELIVERY, STORAGE AND HANDLING A. Deliver all materials in sufficient quantities as not to cause delays in application of the roofing system. Owner/owner's representative shall reject damaged materials not conforming. Rejected materials shall be removed immediately from the job site and replaced at no additional cost to the owner. B. Store materials as recommended by the manufacturer and conforming to applicable safety regulatory agencies: city, state, and federal. Refer to all applicable data including but not limited to MSDS, Product Data Sheets, product labels and specific instructions for personal protection. C. Provide adequate ventilation, protection from hazardous fumes and overspray potential to workers and associated trades in close proximity of site applications. 1.06 WARRANTY A. Manufacturer warrants that the material supplied will meet or exceed physical properties as published. The contractor guarantees that workmanship will be free of defects in coating application. Since performance of previously applied coatings are beyond the control of Manufacturer or the contractor, requests for additional warranty coverage shall be subject to prior approval by Manufacturer. B. Ten year material and workmanship warranty must be supplied by product manufacturer. C. Protection of building and occupants: I . All surfaces not to receive the system specified shall be protected from overspray hazard i.e. windows, doors, exterior and vehicles. Protective coverings shall be secured against wind and shall be vented if used in conjunction with the application preventing collection and moisture. 2. The contractor is to post signs noting a potential overspray hazard within 400' (121.90 m) of the application. 3. All air intake ventilation equipment shall be turned off to prevent fumes from entering the building. 4. All surfaces damaged during the application shall be restored at no expense to the owner. 070150-2 ELASTOMERIC SILICONE COATING FOR METAL ROOFS ' 5. No smo-...g signs are be posted as mandated by _-I fire officials. D. Substrate: Proceed with the work as specified only, after the substrate construction, preparation, and detail work has been completed. E. Equipment: All equipment used during the operations shall be located so as not to adversely affect the daily operations or endanger occupants, structure or materials on-site. All spray equipment must be grounded during the operations. PART 2 - PRODUCTS 2.01 MANUFACTURERS A. Acceptable Manufacturers: • Gaco Western, LLC, www.�,,aco.com • American Weatherstar • approved equal. 2.02 MATERIALS: A. Cleaner: GacoFlex GacoWash Concentrated Cleaner or equal. B. Primer: GacoFlex E-5320 Epoxy Primer or equal. C. Sacrificial Tape: 3M Scotchblue Industrial Adhesive Masking Tape 2750 or equal. D. Tape: GacoFlex SF -2000 SeamSeal brush applied, GacoFlex 66-S Polyester Tape embedded in two coats of GacoFlex S-20 Series Silicone, or equal. E. Coating: GacoFlex S-21 Series Silicone Coating, or equal, having the following physical properties: Property Value Test Method Tensile Strength 292 psi ASTM D-412 Elongation @ 0 deg 175% ASTM D-412 Tear Resistance 21 pli ASTM D-624 Water Vapor Permeability 5.5 perms ASTM E-96 Procedure B at 0.5 mm (20 mils) thickness ± 10% Minimum permeance requirement is 2.5 U.S. perms Volume Solids 95%±I% Calculated Initial SRI 103 E1980 Emittance 0.90 ASTM C-1371 070150-3 ELASTOMERIC SILICONE COATING FOR METAL ROOFS PART 3. - EXECUTION 3.01 EXAMINATION: A. Verify that substrate is ready to receive work; surface is clean, dry and free of substances that could affect bond. B. Verify that all other work involved with this area, done under other sections, has been completed and accepted by the architect and general contractor prior to starting the waterproofing application. 3.02 PREPARATION A. Inspect Fasteners: Tighten and/or replace all loose metal deck fasteners. B. First remove heavy deposits of dirt, leaves and other debris from the roof using broom or air broomer, then inspect the entire roof surface and flashings for any open seams, tears, cuts, etc. Repair these flaws so water is not blown in under membrane during the cleaning process. Pressure wash roof with water and allow to dry completely. C. For general cleaning, after the roof is dry from initial cleaning, apply GacoWash Concentrated Cleaner according to label instructions with sprayer of choice, using a 3-4 foot (0.91-1.22 m) arc pattern. A Hudson -type agricultural sprayer, conventional pressure sprayer or airless sprayer is recommended. Allow solution to stand for 10-15 minutes, adding a light mist of water to prevent drying. While it sets, lightly agitate any heavily soiled areas with a broom or brush. Do not allow dirt to settle in low areas. Use a commercial power washer >3,000 psi (20.69 MPa) to remove debris and continue rinsing until all suds are gone. Start at the lowest point of the roof and work towards the highest point. For low -sloped roofs, work away from and then back towards, roof drains. It is important to keep the surface wet until all of the GacoWash and other residue has been completely rinsed off and the surface is clean. After cleaning and rinsing the roof, ensure no dirt or debris is present. D. Biological Control: Areas of algae, mildew or fungus on the roof membrane or the existing coating should be treated with a solution of 1 part household bleach and 3 parts water, followed by a power washer rinse using clear water. E. Drying: Allow surfaces to thoroughly dry to prevent blistering. Examine roof, paying particular attention to areas of physical damage to determine that residual water has in fact dried before applying GacoFlex S-21 coating. F. Substrate Condition: Loose paint, powdery or friable rust and scale must be completely removed 'by power brushing to provide a sound, tight surface. Soft asphalt, and/or bitumastics and silicone caulking shall be completely removed. 070150-4 ELASTOMERIC SILICONE COATING FOR METAL ROOFS 3.03 INSTALLATION A. Exposed Fasteners: All exposed fasteners must be retightened or replaced as needed. B. General Primer: 1. No rust: Apply 1 coat of GacoFlex E-5320 Primer at a rate of one gallon per 300 sq. ft. 2. Minimal rust: Apply 2 coats of GacoFlex E-5320 Primer at a rate one gallon per 300 sq. ft per pass, resulting in a total of one gallon per 150 sq. ft. of finished primer. 3. Pronounced rusting: Apply 2 coats of GacoFlex E-5320 Primer at one gallon per 150 sq. ft. per pass, resulting in one gallon per 75 sq. ft. of finished product. C. Waterproofing: 1. All exposed fasteners must be waterproofed by applying GacoFlex SF -2000 SeamSeal to the fastener heads by brush. 2. All seams, flashings, protrusions and terminations must be waterproofed by one of the following methods: a. Taping: Apply a 6" wide strip of GacoFlex S-21 Series Silicone at a rate of 1.5 gal per 100 square feet, centered on the seam. Immediately embed GacoFlex 66-S polyester tape in to the wet coating, and apply another coat of GacoFlex S-21 Silicone at a rate of 1.5 gal per 100 square feet to completely cover the polyester tape. The tape must be applied smooth, without wrinkles, "fish mouths", blisters or pin holes. b. GacoFlex SF -2000 SeamSeal, applied by brush or roller, 4" wide, centered. on the seam, at 1 gal per 75-100 sq.ft. Please note that on horizontal seams (end laps) and other details where significant movement due to expansion, contraction, or other factors may occur; it is necessary to apply sacrificial tape prior to the application of GacoFlex SF -2000 SeamSeal. D. Coating: Apply one coat of GacoFlex S-21 Series Silicone Coating at a coverage rate of 1.5 gallons per 100 square feet to achieve a nominal film thickness of 22 dry mils. Double coat flashings and edge terminations. E. No traffic shall be permitted on the coated surface for a minimum of 3 days. Damage to the surface by other trades shall not be the responsibility of the roofing contractor. 3.4 FIELD QUALITY CONTROL A. Coating Thickness: The finished dry film thickness will measure a minimum of 22 dry mils B. Defects: There shall be no blisters, pinholes, voids or membrane defects of any kind. C. Variations: Any variations from specified procedures or limits found by the contractor or representatives of Manufacturer or the owner shall be immediately convected by the contractor. END OF SECTION 070150-5 ELASTOMERIC SILICONE COATING FOR METAL ROOFS SECTION 07 6000 FLASHING AND SHEET METAL PART 1- GENERAL 1.01 DESCRIPTION A. Work Included: Furnish and install metal flashing and sheet metal work specified. 1.02 RELATED DOCUMENTS A. Applicable portions of the Agreement, Conditions of the Contract (General, Special, and other Provisions), Specifications, Addenda issued prior to the execution of the Contract, other documents listed in the Agreement and Modifications issued after the execution of the Contract shall apply to this Section. The general requirements for this work are located in the General Provisions of the Specifications. 1.03 SUBMITTALS AND SUBSTITUTIONS A. In accordance with the Special Provisions. B. Substitutions will not be considered prior to the award of the General Contract. 1.04 QUALITY ASSURANCE A. Job Supervision: Applicator of work in this Section to furnish competent, qualified foreman present and in charge at all times work is performed. B. Applicable Standard: Refer to the latest edition of the "Architectural Sheet Metal Manual" of the Sheet Metal and Air Conditioning Contractors National Association, Inc. Use as applicable standard for method and quality of work under this Section where not specifically otherwise shown on Contract Drawings. Manufacturer to provide trained metal craftsmen to supervise installation. 1.05 WARRANTY A. Provide manufacturer's guarantee for exterior color finish for a period of 20 years against blistering, peeling, cracking, flaking, checking, chipping and excessive color change and chalking. Color change not to exceed 5 N.B.S. units (per ASTM D -2244.64T) and chalking not less than rating of 8 per ASTM D-659. B. Guaranty: Guaranty sheet metal work installed under this Section against leakage or defects for 2 years after substantial completion date. Make good at Contractor expense leakage or defects occurring within this period. 076000-1 FLASHING AND SHEET METAL PART 2 - PRODUCTS 2.01 SHEET METAL A. Galvalume Sheet Steel: Aluminum -zinc alloy coating AZ50, meeting ASTM A792. Keep Galvalume dry during transit, in storage, and at work site. 1. Finish to be Kynar 500 based polyvinylidene fluoride (PVDF) coating, 70% resin formulation in color to be selected by Architect from manufacturer's standard line. a. Primer is applied to 0.20 - 0.30 mils D.F.T. (Dry Film Thickness) and the topcoat at 1.0 - 1.2 mils D.F.T B. Copper Sheet: Cold -rolled, conforming to ASTM B 370. Use 16 oz. weight unless heavier weight is called for in the latest edition of the SMACNA Manual. C. Soft Temper Sheet Metal: Lead sheet, F.S. QQ-L-201, Grade B, 4 lb. per sq. ft. D. Gauge of Metal: 1. Metal components of a roof assembly: 24 gauge (USS .025") minimum 2. Scuppers, guttering, downspouts and splash pans: 22 gauge (USS .0312") minimum. Gutter straps to be 18 gage. 3. Miscellaneous Flashing: 26 gauge minimum 2.02 ACCESSORIES A. Fasteners: All metal counter flashing and parapet cap flashing shall be attached with galvanized or cadmium plated screws with neoprene washers. Nails, screws and rivets used at other locations are to be the appropriate type for the purpose as described in the latest edition of the SMACNA Design Manual. B. Solder for Lead: ASTM B 32, 50% tin and 50% lead used with rosin flux. C. Roofing Cement: F.S. SS -C-153, Type I, Class A (summer grade) or Class B (winter grade) as applicable. D. Bitumastic Coating: F.S. TT -C-494, MIL -C-18480, or SSPC - Paint 12, cold applied solvent type bitumastic coating for application in dry film thickness of 15 mils per coat. 2.03 FABRICATION A. Fabricate metal flashings, counterflashings, trim and related items to comply with profiles and sizes required. Fabricate to comply with the latest edition of the SMACNA "Architectural Sheet Metal Manual", metal manufacturer's recommendations, and recognized industry practices. B. For continuous running work, fabricate with expansion joints in flashings, spaced sufficiently close to prevent flashing damage and failure in resistance to water penetra- tion. Form flashing to fit substrate in each application. 076000-2 FLASHING AND SHEET METAL C. Where sheet rt.,. is required and no material or gau, .s indicated on the Drawings, furnish and install highest quality and gauge commensurate with the referenced applicable standard, (SMACNA Manual, latest edition). PART 3 - EXECUTION 3.01 SURFACE CONDITIONS A. Inspection: Prior to work of this Section, carefully inspect installed work of other trades and verify work is complete to point where this installation may properly commence. B. Discrepancies: Do not proceed with sheet metal installation in areas of discrepancy until discrepancies are resolved. 3.02 WORKMANSHIP A. General: Form sheet metal accurately to dimensions and shapes required, watertight and weathertight, with angles and broken surfaces true, sharp, and in straight lines. Where intercepting other members, cope to an accurate fit and solder securely. Produce flat surfaces free from waves and buckles. B. Expansion: Allow a 3/8"-1/2" gap in coping caps between each section. Use 3-1/2" wide prefinished 24 gage cover plate over joints. 1. Set cover plates in visible bead of polyurethane sealant between the cap and cover plate. Wipe joints of excessive sealant. 2. Attach cover plate at the front and back with hex head cadmium screws with neoprene washers, installed in the gap between the metal cap sections. 3. Do not exceed maximum length of 10'-0" for cap, fascia and flashing sections. Furnish with factory formed slots or enlarged holes for fasteners. C. Paint metal in contact with mortar, concrete, and masonry materials with an alkali - resistant coating. Use heavy -bodied bituminous paint or approved equal. 3.03 MISCELLANEOUS FLASHING A. General: 1. Where exposed portions are used as a counter -flashings, lap base flashings at least four inches and use thickness of metal as specified for exposed locations. 2. Exposed edge of flashing may be formed as a receiver for two piece counter flashing. 3. Terminate exterior edge beyond face of wall approximately 1/4 -inch with drip edge where not part of counter flashing. 4. Turn back edge up 1/4 -inch unless noted otherwise where flashing terminates in mortar joint or hollow masonry unit joint. 5. Terminate interior raised edge in masonry backup unit approximately 2 inches into unit unless shown otherwise. 6. Under copings terminate both edges beyond face of wall approximately 1/4 -inch with drip edge. 7. Lap end joints not less than four inches. Seal laps with sealant. 076000-3 FLASHING AND SHEET METAL 8. Where ..,,.✓els, reinforcing bars and fastening u%,✓ices penetrate flashing, seal penetration with sealing compound. 9. Coordinate with other work to set in a bed of mortar above and below flashing so that total thickness of the two layers of mortar and flashing are same as regular mortar joint. 10. Where ends of flashing terminate turn ends up 1 inch and fold corners to form dam extending to wall face in vertical mortar or veneer joint. 11. Turn flashing up not less than 8 inches between masonry wythes or behind exterior veneer. 3.04 SOLDERING A. General: 1. Thoroughly clean and tin joint materials prior to soldering. 2. Perform soldering slowly with well heated copper in order to heat seams thoroughly and to completely fill them with solder. 3. Make exposed soldering neat, full flowing, and smooth. Do not use solder where dependence upon its strength is a factor. B. Cleaning: After soldering, thoroughly wash acid flux with soda solution. END OF SECTION 076000-4 FLASHING AND SHEET METAL Fayetteville Airport -Arkansas Roofing Kompany-Roof Warranty for Bid 17-25 Corpoa rte Hanger Roof Rehabilitation Project S'(0-17 City of Fayetteville Staff Review Form a33 -Q 2018-0309 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wade Abernathy 6/4/2018 FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: Mayor's Signature Request on Manufacturer's Roof Warranty for bid 17-25 Corporate Hanger Roof Rehabilitation Project. 5550.760.3960.5400.00 Account Number 13025.1 Project Number Budgeted Item? Yes Does item have a cost? NA Budget Adjustment Attached? NA Purchase Order Number: 2017-00000573 Change Order Number: Original Contract Number: Comments: Bid 17-25 Budget Impact: Airport Fund Airport Roof Replacements Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 205,457.00 $ 55,800.00 $ 149,657.00 $ 149,657.00 (� V20180321 Previous Ordinance or'Resolution # 2017-333 0s, f( Approval Date: �,. CITY OF F,A►YETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Paul Becker, Chief Financial Officer, Director Internal Services Terry Gulley, Director Transportation services STAFF MEMO FROM: Wade Abernathy, Division Manager Facilities & Building Construction DATE: June 4, 2018 SUBJECT: Request Mayor's Signature on Roof Warranty RECOMMENDATION: Staff request Mayor's signature on the roof warranty for the bid 17-25 corporate Hanger Roof Rehabilitation project. BACKGROUND: 3-7-17, a contract was executed with Arkansas Roofing Kompany for Bid 17-25. 8-3-17, Change Order #1 was executed to decrease the scope of the contract by eliminating one of the hanger roof rehabs. 11-7-17, Change Order #2 was executed to add back to the contract the hanger roof omitted in Change Order #1. 2-9-2018, A Notice of Default Letter to Arkansas Roofing Kompany and Wester Surety Company was signed and sent. 3-30-18, Received notification from Arkansas Roofing Kompany that they were going to finish the project. DISCUSSION: The Mayor's signature is required to fully execute the warranty and it to be valid. BUDGET/STAFF IMPACT: N/A Attachments: Cover Letter and Warranty Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 '4L VOIATIIEFREEINC MANUFACTURERS OF HIGH PERFORMANCE POLYMERS May 11, 2018 Arkansas Roofing Kompany 1910 Walkers Trail Conway AR 72032 Subject: Warranty #082317H Dear Sir or Madam: Enclosed is the re -issued 10 year material and labor warranty referenced above. Please sign the enclosed copies and return them to Volatile Free, Inc. In order for a warranty to be valid, we need fully executed copies signed by the Applicator and the Building Owner. Once we receive the signed paperwork, we will finalize the paperwork and return completed copies for your records. Please feel free to contact us if you have any questions. Regards, Rossiter 'ni latile Free. Inc. Corporate Office: P.O. Box 344 • Brookfield, WI 53008 (800) 307-9218 • (262) 787-0400 • Fax (262) 787-0500 www.volatilefree.com ELASTOMERIC COATING SYSTEM TEN (10) YEAR — NO LEAK SYSTEM LIMITED MATERIAL & LABOR WARRANTY Structure: South Delta Airport Hanger Address: 4500 S School Ave Fayetteville AR 72701 Owner. City of Fayetteville Specification: 990MR22 Area Sq. Footage: 16,500 Date of Completion of Application: 4/10/18 FileV: 041018D Subject to the conditions below and' if applied according to Volatile Free, Ines ("VFIJ product specification and application procedures, VFI warrants to Owner, identified above, that for ten(10) years from the Date of Completion, identified above, and final approval by VFI of the application of the VFI Elastomeric Coating:System ("The System") applied .for use .at the Structure, identified above, The System will remain free'of water leaks into the Structure resulting from ordinary weather conditions. In the event water leaks into the Structure due to a defect with The System during the first two (2) years of this material and labor warranty, VFI for its part, will supply The System materials necessary for the repairs and Applicator, solely at its expense, will supply all additional materials and all labor to repair the water leaks. In the event water leaks into the Structure during the last eight (8) years of this material and labor warranty due to a defect with The System, except as expressly excluded below, VFI shall supply The System materials and labor necessary to repair such water leaks. This limited material and labor warranty does not cover or apply to: • Damage to The System by physical or mechanical damage, failure of the structure or substrate, vandalism, windstorm, lightning, hail, plant life, animal life, earthquakes, tornados, volcanic activity or other phenomena or casualty. • Damage to The System, property, building or contents caused by fire, settlement, faulty construction or design, movement of the substrate greater than 1/16 of an inch at its widest point, misuse of the Structure, inadequate drainage or other failure of the Structure or substrate. • Damage to The System caused by repairs or alterations to, encroachment upon, or erection of any structure on the roof not approved in advance, in writing, by VFI. • Any use of the roof other than for its intended purpose at the time the limited material warranty was issued. • Labor cost for inspection, testing or repair of The System or any other labor costs. • Color change or oxidation in the coatings as a result of normal weathering, pollutants or atmospheric conditions. s Damage to The System resulting from cracks or openings in the substrate. • Damage to the VFI product due to improper storage procedures by anyone other than VFI, including the applicator, any contractors and Owner before it is applied. • Damage to or failure of The System by not using the VFI products within the time period identified on the label and/or VFI literature 2. For VFI to be liable under this material and labor warranty all VFI products must be applied in accordance with VFI's product specifications and application procedures. Further, the existing substrate upon which The System shall be applied shall be in satisfactory condition to accept The System and if necessary, repaired to the original manufacturer's condition or standard before application. VFI is not the manufacturer of the substrate. 3. If prior to the expiration of this warranty, the Owner desires to transfer the warranty to a new Owner for the remaining terms of this warranty, this warranty may be transferred to a new owner only upon completion of the following: Owner notified VFI in writing of the purchase of the Structure by the new Owner within'thirty (30) days of the new owner taking ownership of the Structure and only if the use of the Structure is the same as the use by Owner on the Date of Completion of Application. Inspection of the Structure by an approved VFI representative and payment of the warranty transfer fee. 4. VFPs liability under this limited material and labor warranty ceases if any alternations, additions, or repairs (excluding reasonable and professional emergency repairs) are made except in accordance -with,specific.written instructions. from VFI: VFI.shall not be responsible.for.-repairs made by others who are not authorized by VFl to make such repairs, and if such repairs are made with void this warranty. 5. VFI recommends a yearly inspection of the Structure. An approved VFI contractor can provide this service or completed by in-house maintenance personnel. Attached is a Roof Owner's Maintenance Guide for reference. 6. Neither Applicator nor VFI is liable for special, exemplary, punitive, consequential or incidental damages of any kind to the Structure, Owner, the Owner's tenants and the Structure's contents resulting from defects in The System, improper application of The System or any other matters. VFI's obligation assumed under this limited material and labor warranty is expressly limited to providing The System materials and labor required under this limited material and labor warranty- as described above. Applicator's obligation assumed under this limited material and labor warranty is expressly limited to providing all materials and labor required under this limited material and labor warranty as described above. 7. VFI's liability to the Owner for any defect, failure or deficiency which is covered by this limited material and labor warranty shall be expressly conditioned upon the Owner's obligation to notify VFI and Applicator in writing within ten (10) days of Owner discovering the defect. Failure of the Owner to notify VFI and Applicator, in writing, as provided herein, of a claimed defect with The System within ten (10) days of discovery shall void this limited material and labor warranty. 8. This limited material and labor warranty becomes effective only upon completion of all of the following: (a) Payment in full to VFI for The System and to Applicator for Applicator's contract amount; (b) Final approval by VFI of the application of The System, including any inspections required by VFI; (c) Execution by VFI, Applicator and the Owner or Owners representative of this limited material and labor warranty; and (d) Receipt by VFI of a fully executed original of this limited material and labor warranty at 19500 Janacek Court, Brookfield, Wisconsin 53045. 9. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, VFI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABIITY OR FITNESS FOR USE OR A PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH��CT TO THE VFI SILICONE COATING SYSTEM. I = City of Fayetteville Oo City of Fayetteville REPRINT PURCHASE 4500 S School r 113 W Mountain St ORDER FAYETTEVILLE, AR 72701 171 FAYETTEVILLE, AR 72701 NO. 2017-00000573 O O DATE 10/24/2017 VENDOR 90893 Arkansas Roofing Kompany Conway Inc DELIVER BY 0 Arkansas Roofing Kompany Conway Inc SHIP VIA O CITY OF 1910 Walkers Trail �® FAYETTEVILLE FREIGHT TERMS —z{ CONWAY, AR 72032 ARKANSAS ORIGINATOR Dee McCoy RESOLUTION # 160-17,161-17,56-17 n PAYMENT TERMS 30 . • • •Roofing - Corporate Hangar Roof Rehabilitation Project - 71.000 0 Each Contract C/O #1 included with this amount. Original contract was reduced $29,960.0000 $29,960.00 by $49,921.00 by reducing project scope from 3 hangars to 2. 5550.760.3960-5804.00 (Building Costs Building Costs) $29,960.00 13025.1701 (Airport Roof Replacements, Wings Aviation Roof Project) 1.0000 Each Roofing - Corporate Hangar Roof Rehabilitation Project $29,960.0000 $29,960.00 5550.760.3960-5804.00 (Building Costs Building Costs) $29,960.00 13025.1702 (Airport Roof Replacements, A&P Facility Roof Project) Roofing - Contract Change Order #2 - Part 1 of 2 - 1.0000 Each 11.15.17 C/O #2 to increase PO by $55,000.00 to include rehab of South $49,921.0000 $49,921.00 Delta Hanger Roof and install of Gutters on wings of Avionics Hanger 5550.760.3960-5804.00 (Building Costs Building Costs) $49,921.00 13025.1703 (Airport Roof Replacements, South Delta Aviation Roof Project) _ Construction - General - Contract Change Order #2 - Part 2 of 2 - 1.0000 Each 11.15.17 C/O #2 to increase PO by $55,000.00 to include rehab of South $5,079.0000 $5,079.00 Delta Hanger Roof and install of Gutters on wings of Avionics Hanger 5550.760.3960-5804.00 (Building Costs Building Costs) $5,079.00 13025.1701 (Airport Roof Replacements, Wings Aviation Roof Project) SUBTOTAL $114,920.00 SALES TAX $0.00 PAGE 1 OF 1 TOTAL DUE $114,920.00 APPROVED BY SPECIAL INSTRUCTIONS Contract 2017-00000024