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HomeMy WebLinkAbout233-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 233-17 File Number: 2017-0613 ARKANSAS ROOFING KOMPANY CONWAY, INC. CHANGE ORDER 2: A RESOLUTION TO APPROVE CHANGE ORDER NO. 2 TO THE CONTRACT WITH ARKANSAS ROOFING KOMPANY CONWAY, INC. IN THE AMOUNT OF $55,000.00 BY EXPANDING THE PROJECT SCOPE TO INCLUDE REHABILITATION OF THE SOUTH DELTA AVIATION HANGAR ROOF AND INSTALLATION OF GUTTERS ON THE WINGS AVIONICS HANGAR 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 approves Change Order No. 2 to the Contract with Arkansas Roofing Kompany Conway, Inc. in the amount of $55,000.00 by expanding the project scope to include rehabilitation of the South Delta Aviation hangar roof and installation of gutters on the Wings Avionics hangar. PASSED and APPROVED on 11/7/2017 Page 1 Attest: Sondra E. Smith, City Clerk Treasurer o111rrFr1111'. `(-JtiAY ate'• r{r� 4ili 11111110 Printed on 1118117 City of Fayetteville, Arkansas Text File --- File Number: 2017-0613 Agenda Date: 11/7/2017 Version: 1 In Control: City Council Meeting Agenda Number: A. 11 ARKANSAS ROOFING KOMPANY CONWAY, INC. CHANGE ORDER 2: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Resolution A RESOLUTION TO APPROVE CHANGE ORDER NO. 2 TO THE CONTRACT WITH ARKANSAS ROOFING KOMPANY CONWAY, INC. IN THE AMOUNT OF $55,000.00 BY EXPANDING THE PROJECT SCOPE TO INCLUDE REHABILITATION OF THE SOUTH DELTA AVIATION HANGAR ROOF AND INSTALLATION OF GUTTERS ON THE WINGS AVIONICS HANGAR 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 approves Change Order No. 2 to the Contract with Arkansas Roofing Kompany Conway, Inc. in the amount of $55,000.00 by expanding the project scope to include rehabilitation of the South Delta Aviation hangar roof and installation of gutters on the Wings Avionics hangar. City of Fayetteville, Arkansas Page 1 Printed on 1118/2017 Summer Fallen Submitted By City of Fayetteville Staff Review Form 2017-0613 Legistar File ID 11/7/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/20/2017 Aviation / Transportation Services Department Submitted Date Division / Department Action Recommendation: Staff requests approval for the Aviation Division to execute Change Order 2 with Arkansas Roofing Kompany Conway, Inc. totaling $55,000.00. This change order will adjust the project scope to include a hangar that was originally bid, but removed from the project for funding purposes. The Change Order also includes the installation of gutters for Wings Avionics, a hangar that received a roof rehabilitation as part of the project. 5550.760.3960.5804.00 Account Number 13025 Project Number Budgeted Item? No Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Airport Fund Airport Roof Replacements Project Title Current Budget $ 668,612.00 Funds Obligated $ 404,578.00 Current Balance $ 264,034.00 Item Cost $ 55,000.00 Budget Adjustment Remaining Budget $ 209,034.00 V20140710 Previous Ordinance or Resolution # 56-17 Original Contract Number: Comments: Please refer to Legistar Item 2017-0421 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 7, 2017 TO: Mayor Lioneld Jordan Fayetteville City Council THRU: Don Marr, Chief of Staff FROM: Summer Fallen, Airport Services Manager DATE: October 20, 2017 CITY COUNCIL MEMO SUBJECT: Hangar Change Order with Arkansas Roofing Kompany Conway, Inc. Recommendation Staff requests approval for the Aviation Division to execute Change .Order 2 with Arkansas Roofing Kompany Conway, Inc. totaling $55,000.00. This change order will adjust the project scope to include a hangar that was originally bid, but removed from the project for funding purposes. The Change Order also includes the installation of gutters for Wings Avionics, a hangar that received a roof rehabilitation as part of the project. 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. Five building roofs will undergo rehabilitation as part of a project associated with an insurance claim. 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 was 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. On April 27, the City approved the submittal of a 90-10 grant application for Wings Avionics and an 80-20 grant application for the A&P Facility. On May 17, the Arkansas Department of Aeronautics approved the grant applications submitted for the A&P Facility and Wings Avionics. The rehabilitation of these two hangars was completed in September 2017. Since the South Delta Aviation did not receive grant funding, it was change ordered out of the construction contract through Change Order 01. With funding for the South Delta Aviation roof rehabilitation now secured, the proposed change order will re-insert the facility back into the construction contract. The change order will also install gutters and downspouts on Wings Avionics, one of the hangars that received the roof rehabilitation as part of the project. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BudctettStaff Impact The change order will increase the current contract amount by $55,000, bringing the total construction contract amount to $114,920.00. The original project amount approved (with 10% contingency) by the City on April 27 was $122,500.10 Attachments Staff Review Form Change Order 2 2049 E. Joyce Blvd SLAW 400 Fayerewlle, AR 72703 TEL 479 527 9100 FAX 479 527 9101 u,vvv. Gar.�erUGA cm Construction Contract Change Order Project: (Change Order No. 2 FYV Corporate Hangar Roof Rehabilitation (Date Prepared: October 13, 2017 Fayetteville - Drake Field Garver Job No. 15041213 (Prepared by: Adam White, PE Owner: (Contractor: City of Fayetteville Arkansas Roofing Kompany 113 West Mountain Street 1910 Walkers Trail Fayetteville, AR 72701 Conway, AR 72032 Description of Work Included in Contract Rehabilitation of corporate hangar roofs at Fayetteville - Drake Field Airport Changes and Reasons Ordered (List Indlyldual Changes as: A, B. C, D, etc.) _ A. Addition of rehabilitation of South Delta Aviation roof that was originally removed from the project for budgeting purposes, B- Addition of gutter replacement at Wings Avionics to improve roof drainage. Attachments: Bid Bid Unit Current Contract Revised Revised Original Revised Contract Item item of Contract Unit Contract Uni! Contract Contract Changes No. Desco tl.on Measure Quantity Price Quantity Price Cost Cost A. 070100-1 South Delta Aviation Hangar Roof LS Rehabilitation 0 $49,921.00 1 $49,921.00 $0.00 $49,921..00 B. CO -02-01 Wings Avionics Hangar Gutters LS 0 $0.00 1 $5,079.00 $0.00 $5,079.00 _ Summation of Cost $0.00 $55.000.00 - Net Cost for this Change Order $55,000.00 Estimated Project Cost Time Change Estimated Project Cost Contract Start Dale August Original Contract Time (calendar days) 18, 2017 120 Original Contract Amount $109,841.00 Previously Approved Changes ($49,921.00) Previously Approved Changes (calendar days) 0 This Change Order $55,000.00 Additional Contract Time This Change Order (calendar days) New Contract Amount $114,920.00 Suspended Time (calendar days) New Construction Completion Date December 16, 2017 THIS AGREEMENT IS SUBJECT TO ALL ORIGINAL CONTRACT PROVISIONS AND PREVIOUS CHANGE ORDERS ISSUED FOR REASONS INDICATED ABOVE Engineer: Garver Project Engineer October 24, 2017 E!Tgmaers Si atura Title Date ACCEPTED BY 1J CONTRACTOR Manager 10/24/2017 ConUacl tufe Title Dale APPROVED BY + OWNER !/+---+ Mlquor [iwn 51 n rC Tide f Date py ¢hY{TT6. r i d +iur fAk4r95p` 113 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 1N THE AMOUNT OF $12,659.10, CONTINGENT UPON RECEIPT OF A 90-I0 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 $12,659.10, contingent upon receipt of a 90-10 grant from the Arkansas Department of Aeronautics. PASSED and APPROVED on 3/7/2017 Page 1 Attest: Sondra E. Smith, City Clerk Treasurer ;� r. yam` cj Y q c'�`pG' 4 s FAYETTFvll I AP$nfed on 3/10/17 t�' • •;� A nI ti 'N�j1�ti Terry Gulley Submitted By I Arkansas Roofing Kompany, Inc - CO No. 1 City of Fayetteville Staff Review Form 2017-0421 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/28/2017 Aviation / Transportation Services Department Submitted Date Division / Department Action Recommendation: Staff requests approval for the Change Order No. 1 with Arkansas Roofing Kompany, Inc. to reduce the contract amount $49,921.00 by adjusting the project scope from three hangars to two hangars which received grant funding from the Arkansas Department of Aeronautics. Budget Impact: 55 50.760.3 960.5400.00 Account Number 13025.1 Airport Fund Airport Roof Replacements Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Previous Ordinance or Resolution # Original Contract Number: Comments: 56-17 Remaining Budget Project Title $ (49,921.00) V20140710 Approval Date: R-, � - I I 2049 E Joyre ONd Suite 400 Fayettevile, AR 72703 TEL 479.527.91 01 FAX 479.527.9101 e _.GarvedlSAcom Construction Contract Change Order Project: Change Order No. 1 FYV Corporate Hangar Roof Rehabilitation Fayetteville - Drake Field Date Prepared: 611/2017 Garver Job No. 15041213 by: Ben Peres, Garver ---]Prepared Owner: Contractor: City of Fayetteville ,Arkansas Roofing Kompany 113 West Mountain Street 1910 Walkers Trail Fayetteville, AR 72701 'Conway, AR 72032 Description of Work Included in Contract Rehabilitation of corporate hangar roofs at Fa etteville - Drake Field Airport Changes and Reasons Ordered (List Individual Changes as: A, B, C, D, etc.) _ A. Adjustment of project scope to match approved grant funds Attachments: Bid Bid Unit • Original Contract Revised Revised Original Revised Contract Item Item of Contract Unit Estimated Unit Estimated Estimated Chan es No. Description Measure Quantity Price Quantic Price Cost Cost A, 070100-1 'South Della Aviation Hangar Roof LS Rehabilitation 1 $49,921.00 0 $49.92100 $49,921.00 $0.00 Summation of Cost. $49,921.00 $0.00 Net Cost for this Change Order ($49,921.00) Estimated Project Cost Time Change 'Estimated Project Cast Original Contract Start Date Original Contract Time (calendar days). To Be Determined 120 Original Contract Amount _ $109,941.00 This Change Order ($49,921.00) Additional Calendar Days granted by this Change Order 0 New Contract Amount $59,920.00 New Contract Time (calendar days) 120 Suspended Time 0 New Construction Completion Date To Be Determined THIS AGREEMENT IS SUBJECT TO ALL ORIGINAL CONTRACT PROVISIONS AND PREVIOUS CHANGE ORDERS ISSUED FOR REASONS INDICATED ABOVE Engineer: Garver Project Manager July 19, 2017 Engineer's Signature Tile Dale ACCEPTED BY CONTRACTOR a4ttN 3 est r Tiva Odto APPROVED BY OWNER wnorsS nal Tillg Dale Qk, a35-1? Arkansas Roofing Kompany & Wester Surety Company City of Fayetteville Staff Review Form 2018-0115 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wade Abernathy 2/9/2018 FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: Mayor's signature requested on a notice of default letter for Bid 17-25 Construction -Corporate *Ha nge r Roof Rehabilitation to Arkansas Roofing Kompany and Wester Surety Company. . Budget Impact: 5550.760.3960.5400.00 Airport Account Number 13025.1 Project Number Budgeted Item? Yes Fund Airport Roof Replacements Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Project Title $ 55,800.00 Is 55,800.00 Budget Adjustment Attached? . NA Budget Adjustment Remaining Budget is 55,800.00 - V20180209 Previous Ordinance or Resolution # Original Contract Number: Comments: 2017-0613 Res 233-17 Bid 17-25 Approval Date:- 1p�- I CITY OF FAYETTEVILLE 04V ARKANSAS TO: Mayor Lioneld Jordan THRU: Paul Becker, Chief Financial Officer, Director Internal Services Terry Gulley, Director Transportation Services STAFF MEMO FROM: Wade Abernathy, Division Manager Facilities & Building Construction DATE: 02/09/2018 SUBJECT: Notice of Default & Termination letter to Arkansas Roofing Company & Western Surety Company RECOMMENDATION: Staff request the Mayor's signature on a Notice of Default Letter to Arkansas Roofing Kompany & Western Surety Company related to the Bid 17-25 Corporate Hanger Roof Rehabilitation. BACKGROUND: On 3-7-17, a contract was executed with Arkansas Roofing Kompany for Bid 17-25. On 8-3-17, change order #1 was executed to decrease the scope of the contract by eliminating 1 of the hanger roof rehab. On 11-7-17, change order #2 was executed to add the hanger omitted in Changer Order #1 DISCUSSION: On January 14, 2017, a representative of Arkansas Roofing Kompany informed Garver Engineering that they would be unable to complete the contract. This letter will put the contractor's bonding company (Western Surety) notice of default. BUDGET/STAFF IMPACT: N/A Attachments: Notice of Default & Termination Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 OFFICE OF THE MAYOR February 9, 2018 Mr. Tim Goodwin Arkansas Roofing Kompany 1910 Walkers Trail Conway, AR 72032 Re: Fayetteville — Drake Field Airport Corporate Hangar Roof Rehab Notice of Default — Construction Contract Cc: Wade Abernathy, City of Fayetteville Terry Gulley, City of Fayetteville Blake Pennington, City of Fayetteville Ben Perea, Garver Claims Department, Western Surety Company Dear Mr. Goodwin: The construction contract for the above mentioned project was executed on March 7, 2017. The original scope of work included rehabilitation to three corporate hangars at Fayetteville — Drake Field Airport. In order to accommodate available grant funds, the scope of the project was reduced to only two hangars with Change Order 1 to the project executed on .August 2, 2017. Effective Wednesday, August 16, 2017, you were issued a Notice to Proceed and contract time began when work started on August 18, 2017. While work on the two hangars was being completed, the City was working to secure funding to complete the rehabilitation on the third hangar. Work on the two hangars was completed on September 18, 2017. After the City secured funding for the final hangar, Change Order 2 was executed on November 7, 2017 readjusting the contractual scope of the project to the original three hangars and would include minor gutter work on a hangar previously rehabilitated that was not included in the original scope. On December 5, 2017, Arkansas Roofing Kompany notified Garver that work on the final hangar would begin January 15, 2018. On January 14, 2018, after several attempts to contact Arkansas Roofing Kompany to confirm the start of work on the final hangar, Garver was notified that Arkansas Roofing Kompany did not intend to complete its contractual obligation. This letter shall serve as notice that your company, Arkansas Roofing Kompany, is considered in default of the construction contract executed on March 7, 2017 for the construction of the Corporate Hangar Roof Rehabilitation at Fayetteville — Drake Field Airport for the reasons stated herein. Section 80-09 of the General Provisions of the construction contract details the allowable reasons for declaring default on the contract and the notification procedures if the Engineer considers the Contractor in default. A summary of these reasons is included below along with an explanation of each as it applies to this project. 80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/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 City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Notice of Default — Construction Contract 2/9/2018 Page 2 of 3 b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or In an email sent on January 14, 2018, Arkansas Roofing Kompany indicated that it would not be able to complete its contractual obligation. Several attempts were made by Garver to contact Arkansas Roofing Kompany to further discuss but was unable to reach a representative following several phone calls and emails. 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 prosecution of the work, or In an email sent on January 29, 2018, Arkansas Roofing Kompany notified Garver that due to staffing changes and other various reasons that it would not complete the hangar rehabilitation and gutter replacement at the airport Following receipt of this email, Garver was unable to reach Arkansas Roofing Kompany through multiple phone call and email attempts to. further discuss methods of completing the work. 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 him unsatisfied for a period of 10 days, or h. Makes an assignment for the benefit of creditors, or t. 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 hereinbefore, . he shall immediately give written notice to the Contractor and the Contractors 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 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 prosecution 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. Notice of Default — Construction Contract 2/9/2018 Page 3 of 3 You and your surety are herein notified that Garver, the Engineer, considers you in default of the contract as listed in Items b and d as stated above in accordance with the General Provisions, Section 80-09 Default and Termination of Contract, of the contract documents. You and your surety have 10 days to respond and take appropriate action before the City will exercise full power and authority to take the prosecution of the work out of the hands of Arkansas Roofing Kompany. All costs incurred by the City, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due to Arkansas Roofing Kompany. If such expense exceeds the sum which would have been payable under the contract, then Arkansas Roofing Kompany and surety shall be liable and shall pay the City the amount of such excess. Please contact Wade Abernathy, the City's Facilities and Building Projects Manager at (479) 575-8361 with any questions regarding this matter or to schedule a conference with your Surety. Sincerely, City of Fa tteville Lioneld Jord Mayor Fayetteville Airport -Arkansas Roofing Kompany-Roof Warranty for Bid 17-25 Corpoa rte Hanger Roof Rehabilitation Project n„ 5'-17 City of Fayetteville Staff Review Form d 3-7)- 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. Budget Impact: 5550.760.3960.5400.00 Airport 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: Bid 17-25 Comments: 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 0 ( XD V20180321 Previous Ordinance or Resolution # - 201796.13 jam, Approval Date: CITY OF Q FAYETTEVILLE 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 MEIN® 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 VOIATIIEFREEINC 0 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, VRossiter '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 Owner. City of Fayetteville Specification: 990MR22 Date of Completion of Application: 4/10/18 Address: 4500 S School Ave Fayetteville AR 72701 Area Sq. Footage: 16,500 File`#: 041018D Subject to the conditions below-and`if applied according to Volatile Free, Ines ("VF17 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. • 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. VFI's 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 VFI 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 Ownets 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 WITgBEWECT TO THE VFI SILICONE COATING SYSTEM.. I = City of Fayetteville Oo City of Fayetteville REPRINT PURCHASE Each 4500 S School r 113 W Mountain St ORDER by $49,921.00 by reducing project scope from 3 hangars to 2. FAYETTEVILLE, AR 72701 FAYETTEVILLE, AR 72701 NO. 2017-00000573 O O 13025.1701 (Airport Roof Replacements, Wings Aviation Roof Project) DATE 10/24/2017 VENDOR 90893 Arkansas Roofing Kompany Conway Inc Each Roofing - Corporate Hangar Roof Rehabilitation Project $29,960.0000 $29,960.00 DELIVER BY 0 Arkansas Roofing Kompany Conway Inc 13025.1702 (Airport Roof Replacements, A&P SHIP VIA O 1910 Walkers Trail Facility Roof Project) CITY OF �® FAYETTEVILLE FREIGHT TERMS --i CONWAY, AR 72032 ANKANSAS ORIGINATOR Dee McCoy n $49,921.0000 $49,921.00 RESOLUTION # 160-17,161-17,56-17 I PAYMENT TERMS 30 SUBTOTAL $114,920.00 SALES TAX $0.00 PAGE 1 OF 1 TOTAL DUE $114,920.00 APPROVED BY SPECIAL INSTRUCTIONS Contract 2017-00000024 Roofing - Corporate Hangar Roof Rehabilitation Project - 1.0000 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/0#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