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HomeMy WebLinkAbout107-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 107-18 File Number: 2018-0224 BID #18-19 CUSTOM PAVEMENT MAINTENANCE AND SAFETY, LLC: A RESOLUTION TO AWARD BID #18-19 AND AUTHORIZE A CONTRACT WITH CUSTOM PAVEMENT MAINTENANCE AND SAFETY, LLC FOR PAINT REMOVAL AND REPAINTING AT DRAKE FIELD IN THE AMOUNTS SET FORTH IN THE BID DOCUMENTS FOR AN ESTIMATED TOTAL OF $124,300.00, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $11,670.00, TO AUTHORIZE ACCEPTANCE OF AN ARKANSAS DEPARTMENT OF AERONAUTICS 90/10 MATCHING GRANT IN THE AMOUNT OF $128,970.00, AND TO APPROVE A BUDGET ADJUSTMENT 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 #18-19 and authorizes a contract with Custom Pavement Maintenance and Safety, LLC for paint removal and repainting of the taxiway at Drake Field in the amounts set forth in the bid documents for an estimated total of $124,300.00, and further approves a project contingency in the amount of $11,670.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to accept an Arkansas Department of Aeronautics 90/10 matching grant in the amount of $128,970.00 and to execute any documents necessary to receive the funds. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 5/1/2018 Attest: `�' aal�rRr�r Sondra E. Smith, City Clerk Treasurer w*.'�''I FRE40,4''r. fM ! tl M�rT,K 7'1 A J '�,rss ,'�•..�.• Q% 16 �� ��� Page 1 Printed on 512118 Cit/ of Fayetteville, Arkansas 113 West Mountain Street r =1_ Fayetteville, AR 72701 (479) 575-8323 L1 t• C__' Text File — - File Number: 2018-0224 Agenda Date: 5/1/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 10 BID #18-19 CUSTOM PAVEMENT MAINTENANCE AND SAFETY, LLC: A RESOLUTION TO AWARD BID #18-19 AND AUTHORIZE A CONTRACT WITH CUSTOM PAVEMENT MAINTENANCE AND SAFETY, LLC FOR PAINT REMOVAL AND REPAINTING AT DRAKE FIELD IN THE AMOUNTS SET FORTH IN THE BID DOCUMENTS FOR AN ESTIMATED TOTAL OF $124,300.00, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $11,670.00, TO AUTHORIZE ACCEPTANCE OF AN ARKANSAS DEPARTMENT OF AERONAUTICS 90/10 MATCHING GRANT IN THE AMOUNT OF $128,970.00, AND TO APPROVE A BUDGET ADJUSTMENT 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 #18-19 and authorizes a contract with Custom Pavement Maintenance and Safety, LLC for paint removal and repainting of the taxiway at Drake Field in the amounts set forth in the bid documents for an estimated total of $124,300.00, and further approves a project contingency in the amount of $11,670.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to accept an Arkansas Department of Aeronautics 90/10 matching grant in the amount of $128,970.00 and to execute any documents necessary to receive the funds. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 51212018 City of Fayetteville Staff Review Form 2018-0224 Legistar 0 8-0224- Legistar File lid 5/1/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Summer Fallen 4/12/2018 AIRPORT SERVICES (760) Submitted By Submitted Date Division / Department Action Recommendation: Staff requests the following as they relate to the Airfield Pavement Marking Rehabilitation project at Fayetteville Drake Field: Acceptance of bid # 18-19 and execution of a contract with Custom Pavement Maintenance & Safety in the amount of $124,300.00. Approval of a project contingency of $11,670.00. Budget adjustment to recognize a grant received from the Arkansas Department of Aeronautics (ADA). 5550.760.3960-5400.00 5550.760.3960-5314.00 Account Number 15030.2018 Project Number Budget Impact: Airport Fund Airport Pavement Painting & Signs Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? Yes Budget Adjustment Remaining Budget Project Title $ 143,300.00 $ 154,970.00 V20180J321 Purchase Order Number: Previous Ordinance or Resolution # 267-17 Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF Tay%Z —llc ARKANSAS MEETING OF MAY 1, 2018 TO: Mayor Lioneld Jordan Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director FROM: Summer Fallen, Airport Services Manager DATE: April 12, 2018 SUBJECT: Airfield Pavement Marking Rehab -Bid Acceptance and Contract Execution RECOMMENDATION: Qt�fF .•an„acro rhe fnlln,arinn n� thP., rPlat,- to the Airfield Pavement Marking Re.hahilitation nroiect at Fayetteville — Drake Field. • Acceptance of bid # 18-19 and execution of a contract with Custom Pavement Maintenance & Safety in the amount of $124,300.00. • Approval of a project contingency of $11,670.00. • Budget adjustment to recognize a grant received from the Arkansas Department of Aeronautics (ADA). BACKGROUND: Fayetteville — Drake Field is one of two commercial service airports in Northwest Arkansas. As part of the Part 139 certification, the FAA requires that commercial services airports have an annual inspection to ensure that the safety requirements associated with the certification are being maintained. During the Airport's 2017 annual Part 139 Airport Certification Inspection in November, the FAA inspector noted that the condition of a portion of the markings have faded to a point where they were not in compliance with FAA standards. This includes black outlines for the runway markings, which are only required when asphalt pavements have faded over time. DISCUSSION: During a follow up conversation with the Part 139 inspector, the project scope was modified to expand the scope of work included with the project. As a result, the as -bid cost of the project is higher than the original estimates. Bids for the project were opened on February 6, 2018. As noted from the as -bid project cost summary below, the City share is still within the approved project budget ($26,000) approved by Council on December 19, 2017. The grant was approved at the ADA Commission Meeting on February 21, 2018. Mailing Address: 113 W. Mountain Street www.fayetteville-aLgov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: ADA (Estimated): $117,000.00 ADA (As -Bid): $128,970.00 City _(Es _imatcd): $13,000.00 City (As -Biel_);_ $14.330.00 TOTAL (Estimated): $130,000.00 Total (As -Bid) $143,300.00 The total cost of the project is $143,000.00 which includes the contract amount of $124,300.00, plus $19,000.00 for engineering costs as approved in Resolution 267-17. The Aviation Division may expend up to $26,000.00 in order to match 10% of the project total cost, plus a project contingency of $11,670.00. Attachments: Staff Review Form Staff Review Memo Construction Contract Bid Tabulation ADA Grant Approval Letter 010600 - CONTRACT THIS AGREEMENT made this day of I by and between Custom Pavement Maintenance and Safety 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 Airfield Pavement Marking 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 SPECIAL PROVISIONS. Changes, modifications, or amendments in scope, price, or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, or fees. ARTICLE 3. Contract Time. The Contractor agrees to begin work within ten (10) calendar days after issuance by the Owner of a "Work Order" or "Notice to Proceed" and to complete the work within seven (7) consecutive calendar days thereafter (except as modified in accordance with the SPECIAL PROVISIONS of these Contract Documents). If the Contractor shall fail to complete the work within the time specified, he and his Surety shall be liable for payment to the Owner, as liquidated damages ascertained and agreed, and not in the nature of a penalty, the amount specified in SPECIAL PROVISIONS of these Contract Documents for each day of delay. To the extent sufficient in amount, liquidated damages shall be deducted from the payments to be made under this Contract. ARTICLE 4. Contract. The 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. Drawings m. Certificates of Insurance and Insurance Policies FYV Airfield Pavement Marking Rehabilitation 010600-1 17041214 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. 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: Attest:, lk--y c� C, � By: `Signature Print Name Owner: Attest: L"'�A &jr . es7 Signatur Print Name SC r ,ti • r l FAYF CV11-LE; yf�'f�rrA`Ca T t`i N+ o rr�r►+t4�tstte�'' FYV Airfield Pavement Marking Rehabilitation 010600-3 Custom Pavement Maintenance and Safety _ rare c s Print fi ante and Title 1` �kAn 'h i t -en tel- Address Print Name and Title I Vol IS l6 i elf � 17041214 0#V IW CITY OF FAYETTEVILLE ARKANSAS boneld tordan, Mayor Number of Addy ndums: 0 Construction - FYV Airfield Pavement Marking Rehab Sid No. 13-19 Official Bid Tabulat -Dn Certification of Funds: $190,000.+00 Max Bid Award Limit: $237,5010.(X) Bid No. 18-19 Hate: 2.016 2018 Time: 2:00 PM Andrea Rennie, CPPD, CPPB, Purchasing Manager Witness Date I rt Advanced Workzone Services, Custom Pavement Harold Coffey Construction Axtell's, Inc. LLC Maintenance and Safety Co., Inc. Hi -Lite Airfield Services, LLC 11'EM SPEC. ESTIMATED UNIT UNIT UNIT LIMIT UNIT NO. DESCRIPTICI N UNIT QUANTITY PRICE AMOUNT PRICE AM0JNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT" 1 GP -105 Mobilization LS 1 S 55,000)-oc 65,000.013 $ 20,000.00 $ 20,'-00.00 $ 12,500,00 S 12,530.00 $ 15,550.00 $ 15,550.00 S 12,450.30 $ 12,4.50.0() 2 ,runway and P-1120-5 la 1:mv ay Painting Si! 110,000 $ 1.39 $ .119,9G0.00 S ?.OR . $ ].:1.3; 300.03 $ 0 63 S 69,3010.00 $ 1.36 $ 149,600,00 S 0,8.5 $ 93,s03.00 (ReI<ee:tive 3 Runwayand P -520-S 1 B Tax -way Paining SF 30,000 $ 0.55 S 16,500.00 S 010 24, Booze 0,55 $ 16,500.00 S 1.1E $ 35,400.110 S 0.67 $ 193 sco.00 fNon-RP.4Ie. tive,) 4 P520-5.7 Pavemcq)t Markir3£' 5 2.4q 5 2c, 3c�L1.ao f , z.s3 5 zs,oCa�� 3' S 1 ; r $ 17,703 «� S -.,s S 11,53300 Ren�ita'al TOTAL BASE BID S 2 22,4( }.CC S 174,C{)C 0l0 i24,.3C0 Ci3 2.38,25000 $ 135,950.00 Andrea Rennie, CPPD, CPPB, Purchasing Manager Witness Date I Ell, STATE OF ARKANSAS M. Y DEPARTMENT OF AERONAUTICS 0" 2315 Ctisp Drive • Hangar 8 Little Rock, Arkansas 72202-4402 Telephone: (501) 376-6781 • Fax: (501) 378-0820 ASA HUTCHINSON March 29, 2018 JERRY CHISM GOVERNOR DIRECTOR FAYETTEVILLE-DRAKE FIELD ATTN: The Honorable Lioneld Jordan COMMISSIONERS Mayor of Fayetteville Jay Brain 4500 S. School Ave., Suite F Rogers Fayetteville, AR 72701 Will Dawson Clinton Dear Mayor Jordan: Michael Hutchins Devalls Bluff During the March 29, 2018 meeting of the Arkansas Aeronautics Commission, Sam Jackson a 90-10% Grant Request was approved for Fayetteville -Drake Field. The Blytheville request approved provides funding in the amount of S 128,970.00 to remark all Clark w Mason airfield markings. Little Rock ZD Edward R. sanders This grant has been assigned as Grant #3688-18 for identification put -poses. Hot Springs When corresponding with our office regarding this project, please be sure to Lloyd wofford use this number. Contact us immediately if you will not be able to complete Jonesboro the project for amount approved. The Commission will not be responsible for any additional project costs unless this Agency has received notification in advance. The Commission has asked that we call your attention to Page Three (3) of your Application for State Airport Aid. This project should be started itnnzediately and completed within one year. Please notify us if circumstances beyond your control prevent completion within the allotted time, otherwise, the grant may be canceled. Payment of this grant will be made upon completion of your project. Please remember that grant funds are contingent upon the Department's appropriation for the fiscal year. Request payment of this grant in writing and include your documentation for the project at that time. Sincerely, i,crrr, Director cc: State Senator Uvalde Lindsey, State Representative Charlie Collins JC: kg CITY OF City of Fayetteville, Arkansas Purchasing Division — Room 306 F10 Y E TT E M L L E 113 W. Mountain ARKANSAS Fayetteville, AR 72701 Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 18-19, Construction — FYV Airfield Pavement Marking Rehabilitation DEADLINE: Tuesday, February 6, 2018 before 2:00 PM, Local Time, Room 306 PRE-BID MEETNG: Tuesday, January 23, 2018 at 10:00 AM, Local Time, FYV Airport Terminal DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Purchasing Agent, 479-575-8220, Lmcgaugh@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Wednesday, January 16 and 23, 2018 INVITATION TO BID Bid 18-19, Construction — FYV Airfield Pavement Marking Rehabilitation nln + hl lr rh II h., ❑irlr rh-,II Inn riihmitt-4 in r lnrl nnvnlnnnr All hirlr rhgll ho viihmittorl in -arrnrA-anro mith 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 Andrea Foren, Purchasing Agent, via e-mail at LrmcP.auRh@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. 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 #1: PROJECT MANUAL: 131 total pages FILE #2: PROJECT DRAWINGS: 15 total pages *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://bids.fayettevill_e=ar.gov Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring Jath.&bids.accessfayetteville.org. Failure to acknowledge addenda issued as instructed could result in bid rejection, Telecommunications Device for the Deaf TDD(479)52-1-1316 113 west Mcuntair: - Fayetteville, AR 72701 Page Intentionally Left Blank CITY OF FAYETTEVILLE ARKANSAS FAYETTEVILLE — DRAKE FIELD (FYV) FAYETTEVILLE, ARKANSAS FYV AIRFIELD PAVEMENT MARKING REHABILITATION City of Fayetteville Bid # 18-19 Garver Project Number 17041214 Page Intentionally Left Blank 000001 - CERTIFICATIONS FYV AIRFIELD PAVEMENT MARKING REHABILITATION GARVER PROJECT NO. 17041214 CITY OF FAYETTEVILLE BID # 18-19 I hereby certify that the applicable portions of this project plans and specifications were prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Arkansas. SEAL AND SIGNATURE Benjamin Perea, P.E. 1 5 ATE ter. ARKANSAS LICENSED ` PROFESSIONAL NGIN EOh! 0.1 71l�tl J � Digitally Signed: January 12, 2018 GARVER, LLC CERTIFICATE OF AUTHORIZATION: CF �'''����ytittr�u[i►�►,►►rf{r GARVER =Cw3` LLC No. 766 w �,'�lr�►N iamN������\ Expiration Date: 12/31/2018 APPLICABLE DIVISION OR PROJECT RESPONSIBILITY Civil Engineer Project Manager Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation 000001-2 17041214 City of Fayetteville FYV Airfield Pavement Marking Rehabilitation TABLE OF CONTENTS Description Page No BIDDING REQUIREMENTS Certifications 000001-1 Table of Contents 000010-1 Invitation for Bids 010000-1 Instructions to Bidders 010200-1 Bid Bond 010300-1 Proposal 010400-1 Statement of Bidder's Qualifications 010420-1 List of Proposed Subcontractors 010440-1 Bidder's Checklist of Required Items 010480-1 II. CONTRACT REQUIREMENTS C c^tract (M OE00 1 Performance Bond 010700-1 Payment Bond 010720-1 III. GENERAL PROVISIONS GP -1 IV, SPECIAL PROVISIONS SP -1 V. SUPPLEMENTAL SPECIFICATIONS SS -101 Safety Plan Compliance Document (SPCD) SS -101-1 SS -120 Site Preparation SS -120-1 VI. TECHNICAL SPECIFICATIONS P-620 Runway and Taxiway Painting P-620-1 FYV Airfield Pavement Marking Rehabilitation 000010-1 17041214 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation 000010-2 17041214 I CUSTPAV-02 SHAWNI CERTIFICATE OF LIABILITY INSURANCE DATE 1312lY 0 018 02/13128 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT 48ME. BHC Insurance PHONE FAx 5500 Euper Lane . �n/c, rIa E:c : (479) 452-4000 .AIC, Nel _(479) 484-5185 EMAI- - — P.O. Box 3529 nogg�gg: Fort Smith, AR 72913-3529 1NSUREFi(S)AFFORDING COVERAGE _. NAIL N,___ INSURERA:United Fire &,Casualty Company__ 113021 INSURED INsuRERB.-BOdgefield Casualty Ins. Co. _ 110335 Custom Pavement Maintenance & Safety, LLC P.O. Box 435 Van Buren, AR 72957 INSURER F: ff-n%/=ErA r=.FC r r-1*T1CIe'AT= Rlr tMILtr-0- 17M1/lRlnw N!1MIRF:R- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR 14 OL Si .T-_---- — I POLICY EFF + POLICY EXP - LIRTYPE OF INSURANCE `IN POLICY NUMBER I /rylMlpQf]� I 7 {,1 I LIMITS A j( �L�MMERCIAL GENERAL LIABILITY l CLAIMS ;Z1 occuR 6t)d75485 05!01!2017 0510112018 EACH OCCURRENCE 5 1'000'000 DAMAGE TO RENTED T5 100,000 F I MEaE_XPJAy one erson S 5,000 PERS. dADV N _ i,vO�,OwW _PENER,4I�AGGREGATE. S_T_ 2'000'000 PRODUCTS- OMP/OP AGG 5 2'000'000 _GEN'LAGGRECyhTELIMIT JIPPLIE_SPER: POLICY JECT I I LOC s OTHER: A AUTOMOBILE LIABILITY COMBINED SsaGLE.LIMIT S 1,000,000 --- X ANY AUTO 60475485 0510112017 05/01/2018 LOULY INJURY Peson S .� _ DILY INURY Peraccident S OWNED SCHEDULED AUTOSONLY AUTOS _ p AUTOS ONLY A O .'7h1 UT 5 �Y PE�OAFtAGE $ -- AX UMBRELLA LIAR X OCCUR EACH OCCURRENCE 5 1'000'000 AGGREGATE S 1'000'000 EXCESS LIAB CLAIMS -MADE 60475485 05/0112017 05/0112018 S I DED .— I RETENTION$ _ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE Y� FICERIMEMBER EXCLUDED? andaSaryinNH) NIA 196-40754 05101/2017 05/01/2018 1,000,000 EL EACH ACCIDENT _ _ 5 E.L. UISFASE-EAEN]PLOY $ 1,000,000 If yes, describe under .DESCRIPTION OF OPERATIONS belrnv 1,000,000 E L, DISEASE - POLICY LIMIT 5 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Project Name: FYV Airfield Pavement Marking; Project Location: Rehabilitation, Fayetteville, AR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Fayetteville THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. 1525 S Happy Hollow Rd Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page Intentionally Left Blank WmgRequest for Taxpayer Give Form to the Form Identification Number and Certification requester. Do not (Rev. November 2017) Department of the Treasury send to the IRS. Internal Revenue Service k- Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on [his line; do not leave this line blank. Custom Pavement Maintenance and Safety, LLC. 2 6usfness namiddisregarded entfty name, if different from above a)m 3 Check appropriate box for federal lax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes, certain entities, not individuals; see a Instrucllons on page 3): o ElIndividual/sole proprietor or [:]C Corporation ElS Corporation E]Partnership ❑ Trusl/estate n ai c single -member LLC Exempt payee code (if any) a o ❑✓ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) C o Note: Check the appropriate box in the line above for the lax classification of the single -member owner. Do not check ,Exemption from FATCA reporting ihLLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) a u w. another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC.1hst is disregarded from the owner should check the appropriate box for the tax classification of its owner. O IU ❑ Other (see instructions) ► (Applies ro aCCOMIS maintained outside the U.S.) y 5 Address (number, street, and apt. or suite no.) See instructions. Ro Box 435 Requester's name and address (oplionail n -A 66 B City, state, and 41P code Van Buren, AR 72957 7 List account number(s) here (oplionalj JMF1 Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number _ backup withholding. For individuals, this is generally your social security number (SSN). However, for a FT_�� I VJIUVIII UII VII, UUIV iJI VIIIIV IUI, UI UIJI VVI UVU VI ItI Y, uV IIIV IV II VVl VIIJ IVI �'Ull I, IUIVi. I VI u I VI � 1 I I entities, it is your employer identification number (ZEIN). If you do not have a number, see How to get a W TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer Identification number Number To Give the Requester for guidelines on whose number to enter. 8 F11 - 1 1 7 1 4 1 8 1 6 1 3 1 0 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return- For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign ! Signature of a/ 1 I { f 1 r F� d 1 1 ) I u] l Here Signature o ` (� D. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11-2017) Page Intentionally Left Blank 010000 — INVITATION TO BID City of Fayetteville, Arkansas Bid 18-19, Construction — Airfield Pavement Marking Rehabilitation Contract Name: FYV AIRFIELD PAVEMENT MARKING REHABILITATION City of Fayetteville Bid Number: 18-19 Advertising Dates: 01/16/18, 01/23/18 The City of Fayetteville, AR is accepting sealed bids from properly licensed professionals for the construction of the Airfield Pavement Marking Rehabilitation at Fayetteville — Drake Field Airport. The project includes, but is not limited to, removal of 10,000 square feet of existing airfield pavement marking and installation of approximately 140,000 square feet of airfield pavement markings as shown on the plans and indicated in the specifications. Sealed bids shall be submitted to the City of Fayetteville (City), AR by Tuesday. February 6, 2018_ before 2:00M, 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 Tuesday, January 23, 2018 at 10:00 AM 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 D221-9 ugh c(7_ ayetteville-at.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. A contractor's license from the State of Arkansas Contractor's Licensing Board is not required at the time of bid; however, no contractor shall submit a bid under this prior to submitting application for licensure. The City shall not execute any construction contract unless and until the successful bidder for the project furnishes an appropriate license issued by the board. 010000-1 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. 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 Manager P: 479-575-8220 Email: I_M-ggaugb@fgyptleville-c)r.gov TTD (Telecommunications Device for the Deaf): 479-521-1316 Date of Advertisement: 01/16/18 and 01/23/18 010000-2 010200 - INSTRUCTIONS TO BIDDERS 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 Airfield Pavement Marking Rehabilitation and with the time and date of bid opening shown thereon. The name, address, and Arkansas Contractor's License Number, or date of application of licensure with the S,..{,, ,,f I1 .Im n (`., n�.-r,n+nr I i n Dnnrr� of }hn Qirl rinr rh-ill �nnn�r in 4hn mnnr �nfF_h-�nr'� rnC11CY n{ t�"lo 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 e&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. FYV Airfield Pavement Marking Rehabilitation 010200-1 17041214 4. INSPECTION OF SITE Each Bidder shall visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor, and shall fully inform himself as to the 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 Plans, 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. FYV Airfield Pavement Marking Rehabilitation 010200-2 17041214 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. 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 f nnr'litinnc 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. 8. 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. FYV Airfield Pavement Marking Rehabilitation 010200-3 17041214 Increases or decreases in items of work, and the cost thereof, shall be done in accordance with the Section entitled, CHANGES IN THE WORK under GENERAL CONDITIONS. 9. 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. FYV Airfield Pavement Marking Rehabilitation 010200-4 17041214 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. 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 the contract has been awarded, a one hundred percent (100%) performance and payment bond shall be provided to the City after being filed marked at the 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 Auci nisi i 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 the Special Provisions, C-01. FYV Airfield Pavement Marking Rehabilitation 010200-5 17041214 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 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 FYV Airfield Pavement Marking Rehabilitation 010200-6 17041214 010300 - BID BOND BID DEFAULT Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Contract required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. This obligation shall be null and void if: 1.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Contract required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 1.2 All Bids are rejected by Owner, or 1.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and consented to by Surety). 2. BOND PAYMENT DUE Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. PROCEEDING REQUIREMENTS Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed the time required by the Bidding Documents without Surety's written consent. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default is received by Bidder and Surety and in no case later than one year after the Bid due date. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. STATUTORY REQUIREMENTS This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. FYV Airfield Pavement Marking Rehabilitation 010300-1 17041214 5. BID BOND CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: THAT we the undersigned, Custom Pavement Maintenance and Safety, LLC , as PRINCIPAL, and SureTec Insurance Company as SURETY, are held and firmly bound unto the City of Fayetteville, Arkansas, hereinafter called the OWNER in the penal sum of Five Percent of the Total Amount Bid Dollars ($ 5% lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these Presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal has submitted the accompanying Proposal, dated February 6, 2018 ,for "FYV AIRFIELD PAVEMENT MARKING REHABILITATION" NOW, THEREFORE, if the Principal shall not withdraw said Proposal within ninety (90) days after the opening of same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Proposal as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above bounded parties have executed this instrument, under their several seals this 6th day of February '20 18 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body. FYV Airfield Pavement Marking Rehabilitation 010300-2 17041214 SEAL Attest: Principal: Custom Pavement Maintenance & Safety, LLC By: Surety: Attest: By: Signalure Mary Ann Justice Print Name 'I.w r lo 6�� Address SureTec Insurance Company Actor -+►t-Fac - S'Fihature Elizabeth Solomon Attomey-in-Fact - Print Name and Title 5500 Euper Lane Fort Smith, Arkansas 72903 Address Nu i t5: Howe r-ot-attorney for person signing for surety company must oe attacnea to Oona, FYV Airfield Pavement Marking Rehabilitation 010300-3 17041214 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation 010300-4 17041214 ---- - ---- POArI:41Q013 - SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company„), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Elizabeth Solomon, Janice A. Butler, Marty C, Clark, Scott R. Clark, Shannon C. Schmidly, Sarah K. Day, Mary Ann Justice its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizatices, undertakings or othi r instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and conf€rxning all that the said Attorney -in -Fact may do in the premkcs Said appointment shall continue in force until 12r31(209a and is made under and.by authority -of the fallowing resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolvec4 that the President any Vice -President, any Assistant Vice-president, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one, or mom suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: AVorneyin-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, reeogniaanees, contriwts, agreetnents or indemnity and other conditional or obligator} undermkings and any and all notices and domuncnts canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in«Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary, Be it Resolve4 that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or aaxy "i U.4601u i6iau4[ uvea clJ v pk, it and bitading upon the Company with respect to any bond or undertaking to which it is attached, (Adapted at a meering held on lerofApril, 1999) In Witness Whereof, SURD I`l C INSURANCE COMPANY has caused these presents to be signed by its President; and its corporate seal to be hereto affixed this 701 day of February, A.D. 2{)17 . �7 SURE -TEC !;RAA.N =1, �a ANY -RA1do�y larBy: wi w j y John Knorest nt State of Texas ss: County of Barris On this 7th day of rab+uarr, A.D. 2of7 before me personally came John Knox Jr., to me known, who, Being by me duly sworn, did depose arta say, that he resides in lIeustora, Texas, that he is Prmident of SURETEC L'iSUAA? FCE COMPANY, the company described in and which executed the above instrurnmt; that he knows the seal of said Company; that the seal affixed to said instrumezat is such corporate seal; that it was so affixed by order of the Board ofDirectors of said Company; and that he signed his name thereto by like order. t+`'nr`v"'°•� XENIA CHAVEZ u , Notary Public, state of Texas Comm. Expires 39.10-2020 . Notary ID 129117559 ?i ra aver, Notary Public y corntnissi0U expires September 10, 2020 L M. Brent Beaty, Assistant Secretary of SURETEC I.NSbRANCE COW ANY, do hereby certify that the above and foregoing is a true and correct copy of a Pourer of Attorney, executed by said Company, which is still in fail force and effect; and furthermore_, the resolutions of the Board of Dirccton, set out in the Power of Attorney are in full force and effort, Given under my band and the seal of said Company at Houston, Texas this 6thd of � ebrpiR A.D. y, Assistant SOretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any buslness day between 8:00 am and 5:03 pm CST. Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation 010300-6 17041214 010400 - PROPOSAL i Place Date i _ Proposal of UIk eV1 APP, a corporation organized and existing under the laws of the State of +A__ Tax ID Number (TIN): al- 17VU3110 DUNS #:q CAGE ! r CAGE Code: 7 t ;"' A—/ or Proposal of a partnership consisting of or Proposal of an. individual doing business as To: City of Fayetteville 2 This bid results from your advertisement for bids for the construction of the FYV Airfield Pavement Marking Rehabilitation. The undersigned Bidder, having visited the site of the work, having examined the Plans, 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 Plans, 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 Plans, 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 seven (7) consecutive calendar days thereafter (except as modified in accordance with the GENERAL CONDITIONS of these Contract Documents). 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 GENERAL CONDITIONS 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 GENERAL CONDITIONS of these Contract Documents. FYV Airfield Pavement Marking Rehabilitation 010400-1 17041214 Bidder acknowledges receipt of the following addendum (addenda): po and r 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 — bond (strike one) 4 in the amount of Dollars being not less than five percent (5%),Z! t otal amount of the bid. If the undersigned Bidder is the successful Bidder, but fails or refuses o 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. FYV Airfield Pavement Marking Rehabilitation 010400-2 17041214 SEAL (If Bidder is a Corporation) Atte st:d' u• .: �JI _a n_ Signature Pent Name Bidder.V _AdPINwE cl�`1Q� d� By: 4rinl�rne and Title � r2n i4 9S 7 Address Office Address of Bidder NOTES: Sign in ink. Do not detach. Items must be bid upon as specified in the Unit Price Schedule. FYV Airfield Pavement Marking Rehabilitation 010400-3 17041214 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation 010400-4 17041214 CITY OF FAYETEVILLE FYV AIRFIELD PAVEMENT MARKING REHABILITATION UNIT PRICES ITEM SPEC. ESTIMATED UNIT NO, NO. DESCRIPTION 1 GP -105 Illobllzation 2 P -6205.1a Runway and Taxiway Painting (Reflective) 3 P Tatdway Painting -6205.1b 'Runway and (Non -Reflective) 4 P-8205:2 'Pavement Marking Removal TOW Bid BID / AMOU,rNTT. ..r FYV Airfield Pavement Marking Rehabilitation 010400-5 17041214 ESTIMATED UNIT UNIT QUANTITY Ls gPRICE 1y SF 110,000 SF 30,000 SF 10,000 o TOW Bid BID / AMOU,rNTT. ..r FYV Airfield Pavement Marking Rehabilitation 010400-5 17041214 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation 010400-6 17041214 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.C�� �o�vGlt��QI�G►nC� 5�� 2. Permanent main office address. COo�' UriJe ArZ , 7og9S7 3. When organized. aoIU 4 If a corporation, where incorporated. 5. How many years have been a gaged in the coriitractin business under your present firm or trade name? v2 rr4S . %JeCr- c•'t-:cC" C0w.�-4kr►4 . 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. — 1�4x -JeLVf%C+^XA S P i 8. Have you ever failed to complete any work awarded to you? NO a nave you ever aelauuea on a t,onrracir NG If so, where and why? p 10. Have you ever been fined or had your license suspended by a Contractor's Licensing Board? N tj 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. 1 12. List your major equipment available for this Contract. SC e j44+° c(.Q Q / 13. Experience in construction work similar in importance to this project. S,ee CLQ, 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? LAPS 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. FYV Airfield Pavement Marking Rehabilitation 010420-1 17041214 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation 010420-2 17041214 Dated at 3, oa A * \ this b day of P �rvo�1+ . 20S Bidder: ung A� 5i0' By, t'ini Nakne and Title STATE OF )SS. COUNTY OF , 1,,• } being duly sworn deposes and says that he is 1 of 6,1,9," Q�.■ G if ,e�� GSL �uiGee x c� ' (Name of Organization) and that the answers to the foregoing questions and all statements therein contain d re true and correct. SUBSCRIBED AND SWORN TO BEFORE ME this day of T&� 20j (Notary Publi My Commission Expires •,,,,,,,,,�,,,,,,,,,._ /- goo 2 0 FYV Airfield Pavement Marking Rehabilitation 010420-3 17041214 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation 010420-4 17041214 2CVSOMPAVIEltu gas yy��� ��EN Niittnrtce Safe The following is a list of proposed equipment for use on this project. If you have questions please call me at 479-262-6160 Long Line stripe trucks with air actuated bead guns Power Broom Diesel Powered Jet Blower 11 K111 VVlllliv Vail✓1 iL wa ara r.w wwwwru Finn Hydroseeder trailer Hot Pressure Washer .'■ - . CUNT.. - IEN - Bance B Safety Our executive team have 20 years experience in the pavement marking industry with a small partial list of completed projects listed below. Monticello Municipal Airport, Boone County Airport, Harrison AR $186,567.75 Warren AR Airport, $41,151.70 Woodruff County Airport, $95,934.75 Grove Municipal Airport, Grove OK $106,000.00 Hampton Municipal Airport, Hampton AR, $ 82,159.00 Mt Ida Airport, Mt Ida AR, $75,240.00 Corning Municipal Airport, Corning AR, $ 100,181.41 North Little Rock Airport, NLR, AR, $ 101,183.70 Clarksville Municipal Airport, Clarksville, AR, $ 87,100.25 Marion County Regional Airport, Flippin, AR, $84,388.10 Izard County Airport, Calico Rock, AR, $ 47,600.15 Horseshoe Bend Airport, Horseshoe Bend, AR, $ 74,491.00 Heber Springs Airport, Heber Springs, AR, $ 82,652.63 Malvern Municipal Airport, Malvern ,AR, $ 61,750.50 Pocahontas Municipal Airport, Pocahontas, AR, $ 102,039.47 Melbourne Municipal Airport, Melbourne, AR, $ 169,178.25 Stuttgart Municipal Airport, Stuttgart, AR, $ 249,220.00 Springdale Municipal Airport, Springdale, AR, $ 58,509.64 Springdale Water Utilities, Springdale, AR, $ 33,200.00 Siloam Springs Airport, Siloam Springs, AR, $ 288,012.63 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: ..................1 OVAR�........................................................................................................... Subcontractor's Name: .................... ............................................................................................................... ArkansasLicense No.: .................................. ................................................................... .............................. Address: ................................................ ... ........ .......................................................... ...... . .................... Date Firm Established:....................................................................................... Annual Gross Receipts (enter the range only).................................,............................................................. Typeof Work: ............................. .... ................................ ,................. ....... ..--....... -............................ ............ Subcontractor's Name:....................................................................................................................... ArkansasLicense No .............................. ......................... ........._..._........... .................................. ..................... Address: .... ......... ................ ................... __ .................................................... ......... DateFirm Established: ........................ ........... ......... ....... _ ..... _,_ .......................................... .......... Annual Gross Receipts (enter the range only): ...... _ .................................... ........... ....................... Bidder (General Contractor) L) �e � •'"' ` Q..................................................................I......... Arkansascense Noi .., iaR .3.1�.. ........._._................................................... 79�57Ad�lruss:.'�.....iC,....J#..,....!!Qi...74w!!��r!�......................... Date Firm Established: ........... �....0. �.4..................................................................._............................... Annual Gross Receiptsnter the ra nly):....... .1!1�►,+.AV,.O.r.......... !F!. �............................. By: I ................ ............ ..................... ,.................. .-..-.............. ..................... --.-........ Title:...........................4`r�.,!.V-J- 1............................................................,............... .............................. "Signature must be the same as on the Proposal form. Notes: (1) A contractor's license from the State of Arkansas Contractor's Licensing Board is not required at the time of bid; however, no contractor shall submit a bid under this prior to submitting application for licensure. The City shall not execute any construction contract unless and until the successful bidder for the project furnishes an appropriate license issued by the board. FYV Airfield Pavement Marking Rehabilitation 010440-1 17041214 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation 010440-2 17041214 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 010600 Completed" Section Acknowledgement of All Addenda E -Z Bid contains the following forms: 010200 1. Insurance Coverages (Current Auto and Liability Insurance) 010300 2. Bid Bond 010400 3. Proposal (including Unit Price Schedule — if applicable) 010420 4. Statement of Bidder's Qualifications 010440 5. List of Proposed Subcontractors '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 followina before execution and award of the contract- ontract 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. y� Seal (if incorporated) Bidder Name: k14 J lY �Q+A' C ce Address: , r (] City, State, Zip Code: Contractor Number: 0_5 k -J-70-51 Contact Name:C Title: _`0t.�k Contact Number: `" l ti. o Contact Email: I J "J CO/n Signature of Authorized Agent for Bidder: Date: FYV Airfield Pavement Marking Rehabilitation 010480-1 17041214 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation 010480-2 17041214 010600 - CONTRACT THIS AGREEMENT made this __ _ day of Custom Pavement Maintenance and organized and existing under the laws of the State of "Contractor", and City of Fayetteville, hereinafter called the "Owner". WITNESSETH: by and between a Corporation hereinafter called the That the Contractor and the Owner for the consideration stated herein mutually agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, incidentals and services, including utility and transportation services and perform and complete all work required for the construction of FYV Airfield Pavement Marking 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 SPECIAL PROVISIONS. Changes, modifications, or amendments in scope, price, or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, or fees. ARTICLE 3. Contract _Time. The Contractor agrees to begin work within ten (10) calendar days after issuance by the Owner of a "Work Order" or "Notice to Proceed" and to complete the work within seven (7) consecutive calendar days thereafter (except as modified in accordance with the SPECIAL PROVISIONS of these Contract Documents). If the Contractor shall fail to complete the work within the time specified, he and his Surety shall be liable for payment to the Owner, as liquidated damages ascertained and agreed, and not in the nature of a penalty, the amount specified in SPECIAL PROVISIONS of these Contract Documents for each day of delay. To the extent sufficient in amount, liquidated damages shall be deducted from the payments to be made under this Contract. ARTICLE 4. Contract. The 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. Drawings m. Certificates of Insurance and Insurance Policies FYV Airfield Pavement Marking Rehabilitation 010600-1 17041214 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation 010600-2 17041214 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. 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: Custom Pavement Maintenance and Safety Attest: �! ico—n By: Signature Print Name Attest: Z""� 6 . Signature Pi�>g ��`>� y I•TFiE AA � �e Q • C s / . �'�'IfAN� .• J '4'' 41 10 i11N1► ,�' Owner By r ure c S Print ante and Title Address +rr FYV Airfield Pavement Marking Rehabilitation 010600-3 17041214 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation 010600-4 17041214 010700 - PERFORMANCE BOND NOTIFICATION The Surety's obligation under this Bond shall arise after: 1.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Default. Such notice shall indicate that the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. Unless the Owner agrees otherwise, any conference requested under this Paragraph shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 1.2 The Owner declares a Default, terminates the Construction Contract and notifies the Surety. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Failure on the part of the Owner to comply with the notice requirement shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. SURETY'S ACTIONS When the Owner has satisfied the conditions of Paragraph 1, the Surety shall promptly and at the Surety's expense take one of the following actions: 2.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 2.2 Undertake to perform and complete the Construction Contract itself, through its mutually acceptable agents or independent contractors; 2.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 3 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 2.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 2.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 2.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. FYV Airfield Pavement Marking Rehabilitation 010700-1 17041214 SURETY OBLIGATIONS If the Surety elects to act under Paragraph 2.1, 2.2, or 2.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 3.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 3.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 2; and 3.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. SURETY DEFAULT If the Surety does not proceed as provided in Paragraph 2 with reasonable promptness, the Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 2.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 5, PROCEEDINGS Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 6. STATUTORY REQUIREMENTS When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hereto and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. FYV Airfield Pavement Marking Rehabilitation 010700-2 17041214 7. PERFORMANCE BOND CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: THAT WE, _ as Principal, hereinafter called "Principal', and _ , State of as Surety, hereinafter called "Surety", are held and firmly bound unto the City of Fayetteville, Arkansas, as Obligee, hereinafter called "Owner", in the amount of: Dollars ($ in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Principal entered into a Contract with the Owner by written agreement dated the rlav of 20 a 000v of which is attached hereto and made a part hereof, hereinafter referred to as the Contract, "FYV Airfield Pavement Marking Rehabilitation" NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract, including without limitation the maintenance warranty thereof, during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of an extension of time for the performance of the Contract, or any other forbearance on the part either of the Owner or the Principal to the other shall not release in any way the Principal and Surety, or either of these, their heirs, personal representatives, successors, or assigns from their liability hereunder, notice to the Surety of any alteration, extension or forbearance hereby being waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. This bond is executed pursuant to the terms of Arkansas Code Annotated §§ 18-44-501 et. Seq., as amended. Executed on this ._ day of 20 FYV Airfield Pavement Marking Rehabilitation 010700-3 17041214 SEAL SEAL Principal: By: Signature Print Name and Title S u rety: By: Attorney -in -Fact - Signature Attorney -in -Fact - Print Name and Title Surety Address for giving Notices NOTES: Attach Power of Attorney. Date of Bond must not precede date of Contract. A copy of this Bond must be filed with the Circuit Clerk in each county wherein the work is to be performed. FYV Airfield Pavement Marking Rehabilitation 010700-4 17041214 010720 - PAYMENT BOND NOTIFICATION The Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in the Bond Certificate) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. When the Owner has made notification, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. The Surety's obligations to a Claimant under this Bond shall arise after Claimants have furnished a written notice of non-payment to the Contractor, Surety, or Owner, stating with substantial accuracy the amount claimed and the name of the party to whom the materials, labor, or equipment was furnished or supplied. It is sufficient if a notice of non-payment is given to the Contractor by the Owner. SURETY'S OBLIGATION vvnen a Liaimant nas satisnea the conaitions or r-aragrapn i, the -)urety snail promptly anu at Me Surety's expense take the following actions: 2.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 2.2 Pay or arrange for payment of any undisputed amounts 2.3 The Surety's failure to discharge its obligations under Paragraph 2.1 or 2.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 2.1 or 2.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 3. DEDICATION OF BOND FUNDS Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 4. OTHER OBLIGATIONS The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make FYV Airfield Pavement Marking Rehabilitation 010720-1 17041214 payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 5. PROCEEDINGS No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. STATUTORY REQUIREMENTS When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hereto and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. FYV Airfield Pavement Marking Rehabilitation 010720-2 17041214 7. PAYMENT BOND CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: THAT WE, as Principal, hereinafter called "Principal", and State of as Surety, hereinafter called "Surety", are held and firmly bound unto the City of Fayetteville, Arkansas, as Obligee, hereinafter called "Owner", in the amount of: Dollars ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: \A/HFRFAS tha. Prinrinal antP.rP.d intn n C nntrart with the Owner by written aareement dated the day of __. 20 , a copy of which is attached hereto and made a part hereof, hereinafter referred to as the Contract, "FYV Airfield Pavement Marking Rehabilitation" NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor performed in such work, whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of an extension of time for the performance of the Contract, or any other forbearance on the part either of the Owner or the Principal to the other shall not release in any way the Principal and Surety, or either of these, their heirs, personal representatives, successors, or assigns from their liability hereunder, notice to the Surety of any alteration, extension or forbearance hereby being waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. This bond is executed pursuant to the terms of Arkansas Code Annotated §§ 18-44-501 et. Seq., as amended. Executed on this _ day of _ 120, FYV Airfield Pavement Marking Rehabilitation 010720-3 17041214 SEAL Principal: By: Signature Print Name and Title STEAL Surety. By: Attorney -in -Fact - Signature Attorney -in -Fact - Print Name and Title Surety Address forgiving Notices NOTES: Attach Power of Attorney. Date of Bond must not precede date of Contract. A copy of this Bond must be filed with the Circuit Clerk in each county wherein the work is to be performed. FYV Airfield Pavement Marking Rehabilitation 010720-4 17041214 AC 15015370-10G 7121/2014 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 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 appurteriant 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. FYV Airfield Pavement Marking Rehabilitation GP -1 17041214 AC 15015370-10G 7/2112014 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. FYV Airfield Pavement Marking Rehabilitation GP -2 17041214 AC 15015370-10G 7/21/201 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 FYV Airfield Pavement Marking Rehabilitation GP -3 17041214 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 FYV Airfield Pavement Marking Rehabilitation GP -4 17041214 AC 15015370-10G 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. FYV Airfield Pavement Marking Rehabilitation GP -5 17041214 AC 15015370-1OG 7/2112014 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. FYV Airfield Pavement Marking Rehabilitation GP -6 17041214 AC 15015370 10G 712112014 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 ai., ate_ r, ..l b.. zddccc Cf the t;ddc 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 FYV Airfield Pavement Marking Rehabilitation GP -7 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -8 17041214 AC 150/5370-10G 7/2112014 30-7 APPROVAL OF CONTRACT. Upon receipt of thie 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 FYV Airfield Pavement Marking Rehabilitation GP -9 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -11 17041214 AC 160/5370-1OG 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 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) (I1tp:Nmr1tcd.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. FYV Airfield Pavement Marking Rehabilitation GP -12 17041214 AC 15015370-10G 7121/2014 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 FYV Airfield Pavement Marking Rehabilitation GP -13 17041214 AC 15015370-10C 7121/2014 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 I ci.uiiuiiciiu w uv- i3vv11c1 a vaoio vi awcNiaiii,c uiuL vvnil Nivviuc ivi wI uuJuwiIw.. w ........ p.��.... .. 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. FYV Airfield Pavement Marking Rehabilitation GP -15 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -16 17041214 AC 15015370-10G 7121/2014 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 of+car havinn hraQn nk—n raacnnnhla nn+ira in Mritinn +hat tho lninrk Mac to ha 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. FYV Airfield Pavement Marking Rehabilitation GP -17 17041214 AC 15015370-10G 712112014 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. FYV Airfield Pavement Marking Rehabilitation GP -18 17041214 AC 15015370-10G 712112014 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 FYV Airfield Pavement Marking Rehabilitation GP -19 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -21 17041214 AC 150/5370-10G 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" IJ AUIId UMC IUI UJC 111 LI IC VVUI 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. FYV Airfield Pavement Marking Rehabilitation GP -22 17041214 AC 15015370-1OG 712112014 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 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 FYV Airfield Pavement Marking Rehabilitation GP -23 17041214 AC 15015370-10+G 712112014 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 party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the execution or after the 1-10finn of fh� Wnrl. 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 (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) 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. FYV Airfield Pavement Marking Rehabilitation GP -25 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -26 17041214 AC 15015370-10G 7121/2014 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 k[.. the .I, at any t;m d---ctc dCfc Ct;, .I. A ..i.J ------- 'hnll nn+ hn 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. FYV Airfield Pavement Marking Rehabilitation GP -27 17041214 AC 150/5370-10G 7121/2014 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 her expense. 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. FYV Airfield Pavement Marking Rehabilitation GP -28 17041214 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 NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and 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. !r: 2dd;t; n tc the c! , .i++n r,+if.ren+inn n rorirtn(+ i+ oF,�ll Leo +ha rnennncihili#v of }hA f'nn#rar#r�r #n koon 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. FYV Airfield Pavement Marking Rehabilitation GP -29 17041214 AC 15015370-10G 7121/2014 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 FYV Airfield Pavement Marking Rehabilitation GP -30 17041214 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 prcgrocc ..h..d, .. �h fr ihc C.-. 2pprcvc! .!+ +hn nn �In n+inn mor +inn Thn (�nn4ra rinr'c nrnnrogc 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. FYV Airfield Pavement Marking Rehabilitation GP -31 17041214 -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. FYV Airfield Pavement Marking Rehabilitation GP -32 17041214 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 C.-. ,-dc.- tc .ted , .I. tc the cffcct; dJ ztc of the Cnninnnr'o rrl.or 4n rn-- fki in,nrk r lnimc 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). FYV Airfield Pavement Marking Rehabilitation GP -33 17041214 AC 15015370-10G 712112014 The Engineer shall base his or her weekly statement of contract time charged on the following considerations: (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. FYV Airfield Pavement Marking Rehabilitation GP -34 17041214 AC 15015370-10G 712112014 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 wi i,VniNicuVii iiiay iiavc Vccii ilu vvuy vNciuic uu u vvuvici ILI uw Nw. uy 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. FYV Airfield Pavement Marking Rehabilitation GP -35 17041214 AC 15015370-10G 712112014 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 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 FYV Airfield Pavement Marking Rehabilitation GP -36 17041214 AC 15015370-1 OG 7/2112014 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 riot 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. FYV Airfield Pavement Marking Rehabilitation GP -37 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -38 17041214 AC 150/5370-10G 7121/2014 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 C!! t:C Cf c nccc.J 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. FYV Airfield Pavement Marking Rehabilitation GP -39 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -40 17041214 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 r.., rkifin-.+nom -f Annnoif the ( Ain— —4 H—Ann o %rnlpia not 1pcc than tha ratainano 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. FYV Airfield Pavement Marking Rehabilitation GP -41 17041214 15015370-1 90-10 CONSTRUCTION WARRANTY. 7121/2014 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 two (2) one (1) copy of all manufacturers warranties specified for materials, equipment, and installations. b. Complete final cleanup in accordance with subsection 40-08, FINAL CLEANUP. c. Complete all punch list items identified during the Final Inspection. d. Provide complete release of all claims for labor and material arising out of the Contract. e. When applicable per state requirements, return copies of sales tax completion forms. END OF SECTION 90 FYV Airfield Pavement Marking Rehabilitation GP -42 17041214 AC 150/5370-10G 7/21/2014 SECTION NOT USED. SECTION 100 CONTRACTOR QUALITY CONTROL PROGRAM END OF SECTION 100 FYV Airfield Pavement Marking Rehabilitation GP -43 17041214 AC 15015370-10G 712112014 SECTION 105 MOBILIZATION 105-1 DESCRIPTION. This item shall consist of work and operations, but is not limited to, work and operations necessary for the movement of personnel, equipment, material and supplies to and from the project site for work on the project except as provided in the contract as separate pay items. 105-1.1 POSTED NOTICES. Prior to commencement of construction activities the Contractor must post the following documents in a prominent and accessible place where they may be easily viewed by all employees of the prime Contractor and by all employees of subcontractors engaged by the prime Contractor: Equal Employment Opportunity (EEO) Poster "Equal Employment Opportunity is the Law" in accordance with the Office of Federal Contract Compliance Programs Executive Order 11246, as amended; Davis Bacon Wage Poster (WH 1321) - DOL "Notice to All Employees" Poster; and Applicable Davis -Bacon Wage Rate Determination. These notices must remain posted until final acceptance of the work by the Owner. 105-2 BASIS OF MEASUREMENT AND PAYMENT. Based upon the contract lump sum price for "Mobilization" partial payments will be allowed as follows: a. With first pay request, 25%. b. When 25% or more of the original contract is earned, an additional 25%. c. When 50% or more of the original contract is earned, an additional 40%. 0. Hner rinai rnspecuon, aiaging area clean-up anu uenvery ui an rruJecA UlUbUUM iiiaieiiaia d0 required by 90-11, the final 10%. END OF SECTION 105 FYV Airfield Pavement Marking Rehabilitation GP -45 17041214 AC 150{5370-10G r«Nre. 11 SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) SECTION NOT USED. END OF SECTION 110 FYV Airfield Pavement Marking Rehabilitation GP -47 17041214 AC 150/5370-1OG 712112014 Page Intentionally Left Blank FYV Airfield PavQment Marking Rehabilitation GP -48 17041214 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 Lr-iJ 1 11,/1G41 tVICCLlmj.`] C.iI lU VVVI U116JI Y G-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 Work Hours FYV Airfield Pavement Marking Rehabilitation SP -1 17041214 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: w r-....., .,, 1:...., e......:kM Q., .... L.�; ..... r.• T4.,. .. .-.+.--...1... /h..... i., -,A.,. i.. nl. .rnr . I+., n+�1 e rill n r,l„ ,e,i�h 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. FYV Airfield Pavement Marking Rehabilitation SP -3 17041214 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 III 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); FYV Airfield Pavement Marking Rehabilitation SP -4 17041214 • 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. FYV Airfield Pavement Marking Rehabilitation SP -5 17041214 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. FYV Airfield Pavement Marking Rehabilitation SP -7 17041214 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 11 85 or a substitute providing equivalent coverage), and under the commercial automobile liability (using ISO Additional Insured Endorsement CA 2048 or a substitute providing equivalent coverage), and commercial umbrella, if any. This insurance, including insurance provided under the commercial umbrella, if any, shall apply as primary and non- contributory insurance with respect to any other insurance or self-insurance programs afforded to, or maintained by, Owner. C-01.1 Commercial General and Umbrella Liability Insurance, Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance, with a limit of not less than $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 Covera e: 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 insured's completed Work equivalent to that provided under ISO form CG 00 01. C-01.3 Commercial Auto and Umbrella Liability Insurance: Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired and non -owned autos). Commercial auto coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA 00 01. If the Contract Documents require Contractor to remove and haul hazardous waste from the Project site, or if the Project involves such similar environmental exposure, pollution liability coverage equivalent to that provided under the ISO Pollution Liability -Broadened Coverage for Covered Autos Endorsement (CA 99 48) shall be provided, and the Motor Carrier Act Endorsement (MCS 90) shall be attached. FYV Airfield Pavement Marking Rehabilitation SP -9 17041214 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_lnsurance: 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 SUbr0 ati+on: 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 ImpliedWaiver: 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. FYV Airfield Pavement Marking Rehabilitation SP -10 17041214 C-01.9 Cancelfation,,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 7-d yCtlCVIIIC, Hf\ 727G3 VJ BMPerea@GarverUSA.com FYV Airfield Pavement Marking Rehabilitation SP -11 17041214 C-01.10 Sample Certificate of Liability Insurance: DATE(MMIODNYYY) k--- CERTIFICATE OF LIABILITY INSURANCE Imuslbedated) 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 Agency Address YHt1NECA'S,.ftQ.k1M- AgeJnSX,Rh# ;FAXIAIC,NO E-MAIL ADDRESS: Agency contact email address XXXXXXXXXX INSURER(SI.AFFORDINGCOVERAGE NAILIf www.BtBphens.com wsumERa, Carrier Name (AM Best Rating) _ INSURED INSURER B: Named Insured on the policies INSURER C: INSURER 0: INSURER E: F: CERTIFICATE NI THIS IS TO CERTIFY THAT THE POLICIES OF INSUI7:ANCE 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 OE SUCH POLICIES LIMITS SHOWN MAL' HAVE BEEN REDUCED BY PAID CLAIMS. IINSR AOI BI'�: -- i FOLIC.Y EFF POLICY ev LTR TYPE OF I NSURANCE POLICY NUMBER r MM01'L k� MWDOYVrY) LIMITS Q' A GENERAL LIABILITY I,_ EACH OCCURRENCE 5,000..00 _ 1 X X Cfl11tlEiEE0111 GENERAL XXXXXXXXXX Poo .MAGE TQ RENTED -j REMi 300,00 ISE Fa ocruneace)�_ f CLAIMSAIADE Fl- OCCUR MED EXP (Ary ane person) T $ 10,00 I PERSONAL 3 ACV INJURY_ I'n 1,000,00 _ v� GENERAL AGGREGA-E '5 5000,00 GEkL AGGREGATE LIMIT APPLIES PER _- PRODUCTS -C(W PLOP AGG �$_ 5_001),00. LOG !S AUTOMOBILE LIABILITY m LINT: 1.004 DD X x ./,ANY AUTO XXXXXXXXXXX J:? BODILY INJURV (Per person] IG - ALL ONINED 'SCHEDULED _IAUTOS ,�I AUTOS BODILY INJURY iPerxccitlenUlS ./ HIRED AUTOS rt NOTCWNEOALI POPERlYr�DAfiiAG i15 p IUpaRELLA LIAR CCCUR EACH OCCURRENCE $ UtUSS UAB CLAIMSrdADE * XXXXXXXXXXX AGGREGATE ^ R Umbrella I Excess only If LIED: RErENnoNs XXXXX needed to meet the required Underlying General Liabillty ' l limit rs WORKERSCOMPENSATION I '✓JC TU• :DTH•' AND EMPLOYERS' LIABILITY YIN PRO^ RIETOWARTNEWEXEC'JTIV'E X XXXXXXXXXXX TORY Lkyg- ER EACH ACCmENT EL >p 500_00 .ANY OFFCER,TtEM BEREXCLUDED1 [-],NIA EL DISEASE - EA EMPLOYEE S 500,00 - - - (Mandalaryin NH) i n yes de=cnoe uncle: CEaCRIPT)DNOFOPERAT)ONSlvJow EL DISEASE- POLICYLIIMIT•S 500,000 I XXXXXXXXXXX [*&C:RJPTIONOFORERA➢Gi3rLOCATIONSf VEHKM 011 hAMo lot, "ir—IR—k. Sdiad.]., M mar.space 11..10.41 Owner & Garver, LLC shall be included as an Additional Insured by endorsement #CG2010(11 I05) on the General Liability and #CA2048 on the AtJtom and Umbrella of %tst le andOMITTI nt providing equivalent Covefoge, Coverage SYlall be Primary and noncarllnbutafy with respect to any other Inedr or self-insurance programs aflordeo 10 the Owner and Garver LLC, V%alver o1 Subrogalmn applies in favor of the Owner and Garver LLC on all pokues 00 day nonce will be prdvidad to the Owner and Garver LLC in the evanl of carirellallon. non-renevial androf imoalrrnenl of the Conitaclofs policies _ CERTIFICATE HOLDER CANCELLATION Owner SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE and THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Garver LLC ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (must be signed by the c..rr,ractors Insurance Agent) ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD BERT R_. __.7557•: F.eLF; J -e 2!'Ji201; -.:ill:.._ r_'1 Fa_:e ' If , aIle trice FYV Airfield Pavement Marking Rehabilitation SP -12 17041214 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 �uuivay \.nu wiviivay ni aca�uaYh 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. FYV Airfield Pavement Marking Rehabilitation SP -13 17041214 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. The Contractor agrees that for each additional runway closure beyond the one (1) runway closure herein agreed upon, the Owner may withhold, permanently, from the Contractor's total compensation, an additional One Thousand Dollars ($1,00.00) as stipulated damages for each additional runway closure required to complete work associated with Phase C of construction. Additional runway closures shall be completed between the hours of 06:00 and 20:00. 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 FYV Airfield Pavement Marking Rehabilitation SP -14 17041214 If, however, it appears that the Contractor is delayed by conditions of weather, outside of normal weather-related events detailed in the proceeding table, extensions of time may be granted. 3. Should the work under the Contract be delayed by other causes which could not have been prevented or contemplated by the Contractor, and which are beyond the Contractor's power to prevent or remedy, an extension of time may be granted. Such causes of delay shall include but not necessarily be limited to the following: a. Acts of God, acts of the public enemy, acts of the Owner except as provided in these Specifications, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. b. Any delays of Subcontractors or suppliers occasioned by any of the causes specified above. The Engineer or other authorized representative of the Owner shall keep a written record sufficient for determination as to the inclusion of that day in the computation of Contract time. This record shall be available for examination by the Contractor during normal hours of work as soon as feasible after the first of each construction month. In case of disagreement between the representative of the Owner and the 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 fhnf ;n .ffi,ianf limo iniac en_ onifiorl is nn+ o valirl roac_ nn fnr avtancinn of fima If tho Fnninaor fin Hc that tha Wnrlr 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 ASSURANCE/MATERIALS TESTING The Owner shall be responsible for quality assurance testing as stated in theses specifications; however, the Contractor shall be responsible for payment of any subsequent tests made necessary by previous 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. FYV Airfield Pavement Marking Rehabilitation SP -15 17041214 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. FYV Airfield Pavement Marking Rehabilitation SP -16 17041214 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 WORK HOURS The Contractor shall abide by the City of Fayetteville ordinance of allowing work between 7 am and 11 pm RAnnriav thrnp tah Sate irrlav 2nrl Ci inA-nv hatwoonn Q am and 11 nm END OF SPECIAL PROVISIONS FYV Airfield Pavement Marking Rehabilitation SP -17 17041214 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation SP -18 17041214 IN:AI1_1&10 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 nrniprl Contractor's Signature Title Subscribed and sworn to before me this _ day of _. , 20 Notary Public My Commission Expires: FYV Airfield Pavement Marking Rehabilitation SP -19 17041214 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation SP -20 17041214 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 _ 20_. Notary Public My Commission Expires: The Surety Company consents to the release of the retained percentage on this project with the understanding that should any unforeseen contingencies arise having a right of action on the bond that the Surety Company will not waive liability through the consent to the release of the retained percentage. Dated , Surety Company By Resident Agent, State of Project FYV Airfield Pavement Marking Rehabilitation SP -21 17041214 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation SP -22 17041214 ITEM SS -101 SAFETY PLAN COMPLIANCE DOCUMENT (SPCD) DESCRIPTION 101-1.1 The Contractor shall thoroughly review the approved Construction Safety and Phasing Plan (CSPP) and shall comply with approved CSPP. The Contractor shall certify such compliance by completing the attached SPCD and submitting to the Engineer for approval. FYV Airfield Pavement Marking Rehabilitation SS -101-1 17041214 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation SS -101-2 17041214 Contractor Safety Plan Compliance Documents Owner Name: City of Fayetteville Airport: Fayetteville — Drake Field FYV Project Description. FYY Airfield Pavernent Marking Rehabilitation Contractor: Each item listed below corresponds to a specific section of the approved CSPP. The Contractor shall certify that he/she will comply with each section of the approved CSPP. Each certified section with a "no" response must be fully explained in an attachment to the SPCD. The document shall be signed and dated by a principle or owner in the Contractor's company. All other requested information shall be completed by the Contractor and submitted to the Engineer for approval as part of the SPCD. 1. Section 1 - Correspondence: This project shall be completed in accordance with Section 1 "Coordination" of the approved Construction Safety Plan Compliance Document. owner: t,11or ra ettevuie Contact: Summer Fallen Phone: 479-718-7642 Engineer: Garver Project Manager: Adam White Phone: 479-527-9100 Project Engineer: Ben Perea Phone: 479-527-9100 Construction Observer: Phone: Materials Testing: Phone: Contractor: Project Manager: Phone: Superintendent: Phone: Subcontractors: Phone: Yes_ No 2. Section 2 - Phasing: This project shall be completed in accordance with Section 2 "Phasing" of the approved Construction Safety Plan Compliance Document. Yes No 3. Section 3 — Areas of Operations Affected by Construction Activity: This project shall be completed in accordance with Section 3 "Areas of Operations Affected by Construction Activity" of the approved Construction Safety Plan Compliance Document. Yes No FYV Airfield Pavement Marking Rehabilitation SS -101-3 17041214 4. Section 4 — Protection of Navigational Aids (NAVAIDS): This project shall be completed in accordance with Section 4 "Protection of Navigational Aids (NAVAIDS)" of the approved Construction Safety Plan Compliance Document. Yes No 5. Section 5 — Contractor Access: This project shall be completed in accordance with Section 5 "Contractor Access" of the approved Construction Safety Plan Compliance Document. Yes No 6. Section 6 — Wildlife Management: This project shall be completed in accordance with Section 6 "Wildlife Management" of the approved Construction Safety Plan Compliance Document. Yes No 7. Section 7 — Foreign Object Debris (FOD) Management: This project shall be completed in accordance with Section 7 "Foreign Object Debris (FOD) Management' of the approved Construction Safety Plan Compliance Document. Yes No 8. Section 8 — Hazardous Materials (HAZMAT) Management: This project shall be completed in accordance with Section 8 "Hazardous Materials (HAZMAT) Management' of the approved Construction Safety Plan Compliance Document. Yes No _ 9. Section 9 — Notification of Construction Activities: This project shall be completed in accordance with Section 9 "Notification of Construction Activities" of the approved Construction Safety Plan Compliance Document. Yes_ No 10. Section 10 — Inspection Requirements: This project shall be completed in accordance with Section 10 "Inspection Requirements" of the approved Construction Safety Plan Compliance Document. Yes No 11. Section 11 — Underground Utilities: This project shall be completed in accordance with Section 11 "Underground Utilities" of the approved Construction Safety Plan Compliance Document. Yes No 12. Section 12 — Penalties: This project shall be completed in accordance with Section 12 "Penalties" of the approved Construction Safety Plan Compliance Document. No 13. Section 13 — Special Conditions: This project shall be completed in accordance with Section 13 "Special Conditions" of the approved Construction Safety Plan Compliance Document. Yes No FYV Airfield Pavement Marking Rehabilitation SS -101-4 17041214 14. Section 14 — Runway and Taxiway Visual Aids: This project shall be completed in accordance with 14 "Runway and Taxiway Visual Aids" of the approved Construction Safety Plan Compliance Document. Yes No 15. Section 15 — Marking and Signs for Access Routes: This project shall be completed in accordance with Section 15 "Marking and Signs for Access Routes" of the approved Construction Safety Plan Compliance Document. Yes No 16, Section 16 — Hazard Marking and Lighting: This project shall be completed in accordance with Section 16 "Hazard Marking and Lighting" of the approved Construction Safety Plan Compliance Document. Yes No 17. Section 17 — Protection of Safety Areas, Object Free Areas, Object Free Zones, and Approach / Departure Surfaces: This project shall be completed in accordance with Section 17 "Protection of Safety Areas, Object Free Areas, Object Free Zones, and Approach / Departure Surfaces" of the approved Construction Safety Plan Compliance Document. 18. Section 18 — Other Limitations on Construction: This project shall be completed in accordance with Section 18 "Other Limitations on Construction" of the approved Construction Safety Plan Compliance Document. Yos No I certify that, for the project identified herein, the responses to the foregoing items are correct as marked, and that I shall comply with the approved Construction Safety and Plan. Signed: Date: Contractor's Authorized Representative Print Name and Title of Contractor's Representative END OF ITEM SS -101 FYV Airfield Pavement Marking Rehabilitation SS -101-5 17041214 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation SS -101-6 17041214 ITEM SS -120 SITE PREPARATION DESCRIPTION 120-1.1 This item covers the preparation of the site for construction of the proposed improvements. The attention of the bidder is directed to the necessity for careful examination of the entire project site to determine, at the time of bid preparation, the full extent of work to be done under the item "Site Preparation." The entire job site shall be cleared of all man-made obstructions and debris, of whatever nature, and made ready in all respects for the construction of the proposed improvements. The item "Site Preparation" shall include: 1. Mobilization 2. Lighted Barricades and Closed Taxiway and Runway Markings 3. Contractor's Staging Areas 4. Airport Security Requirements 5. Airport Safety Requirements 6. Water Access 7. Clean Up CONSTRUCTION METHODS 120-2.1 MOBILIZATION. The Contractor shall consider and include his cost for providing personnel, equipment, materials, bonds, etc. required for the prosecution of the work under this item. 120-2.2 LIGHTED BARRICADES AND CLOSED TAXIWAY AND RUNWAY MARKINGS. The Contractor shall furnish, install, maintain, and remove closed taxiway and runway markings and lighted barricades in accordance with details on the plans and as directed by the Engineer. The closed runway and taxiway markers shall be aviation yellow, nylon -reinforced vinyl. The markers shall be secured to the pavement/ground as shown on the plans and as directed by the Engineer. The lighted barricades shall be constructed and installed as shown on the plans. All lighted barricades and closed taxiway and runway markings shall be constructed in accordance with AC 150/5370-2F Operational Safety on Airports During Construction. All work involved in the furnishing, installation, maintenance, and removal of lighted barricades, barrels and closed runway and taxiway markings will not be measured for separate payment, but will be considered subsidiary to the bid item "Mobilization." 120-2.3 CONTRACTOR'S STAGING AREAS. The areas designated in the plans or by the Engineer as the Contractor's staging area shall be cleared and graded by the Contractor as needed for use by the Contractor in constructing the work on this project. All areas used or otherwise occupied by the Contractor for his operations shall be cleaned, regraded, and seeded, as directed by the Engineer, prior to the final acceptance of the project by the Airport. All work involved in the preparation and restoration of areas used or occupied by the Contractor, including clearing, grubbing, regrading, seeding, and installing and removing fence, will not be measured for separate payment but will be considered subsidiary to the bid item "Mobilization." 120-2.4 AIRPORT SECURITY REQUIREMENTS. The Contractor shall abide by the Airport Security requirements that are outlined in the Construction Safety and Phasing Plan (CSPP) of the plans. Any costs associated with the Airport Security requirements will not be measured for separate payment but will be considered subsidiary to the bid item "Mobilization." FYV Airfield Pavement Marking Rehabilitation SS -120-1 17041214 120-2.5 AIRPORT SAFETY REQUIREMENTS. The Contractor shall abide by the Airport Safety requirements that are outlined in the Construction Safety and Phasing Plan (CSPP) of the plans. All costs associated with the Airport Safety requirements will not be measured for separate payment but will be considered subsidiary to the bid item "Mobilization." 120-2.6 WATER ACCESS. Prior to construction, the Contractor will be notified of specific fire hydrants that may be utilized for access to water during construction. The Contractor will be required to obtain a water meter for use with the selected hydrants. All costs associated with the water access will not be measured for separate payment but will be considered subsidiary to the bid item "Mobilization." 120-2.7 CLEAN UP. From time to time, the Contractor shall clean up the site in order that the site presents a neat appearance and that the progress of work will not be impeded. One such clean up shall immediately precede final inspection. Immediately following acceptance of the work by the Owner, the Contractor shall remove all temporary equipment, surplus materials, and debris resulting from his operations, and leave the site in a condition fully acceptable to the Owner. MEASUREMENT AND PAYMENT 120-3.1 Site preparation will not be measured separately, but shall be considered subsidiary to the bid item for "Mobilization." END OF ITEM SS -120 FYV Airfield Pavement Marking Rehabilitation SS -120-2 17041214 AC 15015370-10G 7121/2014 ITEM P-620 RUNWAY AND TAXIWAY PAINTING DESCRIPTION 620-1.1 This item shall consist of the preparation and painting of numbers, markings, and stripes on the surface of runways, taxiways, and aprons, in accordance with these specifications and at the locations shown on the plans, or as directed by the Engineer. The terms "paint" and "marking material" as well as "painting" and "application of markings" are interchangeable throughout this specification. MATERIALS 620-2.1 MATERIALS ACCEPTANCE. The Contractor shall furnish manufacturer's certified test reports for materials shipped to the project. The certified test reports shall include a statement that the materials meet the specification requirements. The reports can be used for material acceptance or the Engineer may perform verification testing. The reports shall not be interpreted as a basis for payment. The Contractor shall notify the Engineer upon arrival of a shipment of materials to the site. All material shall arrive in sealed containers 55 gallons or smaller for inspection by the Engineer. Material shall not be loaded into the equipment until inspected by the Engineer 620-2.2 MARKING MATERIALS. Paint shall be waterborne in accordance with the requirements of paragraph 620-2.2a. Paint shall be furnished in Yellow (33538 or 33655), Red (31136), White (37925), and Black (37038) in accordance with Federal Standard No. 595. a. VVHI r -MMU rvC. rain[ snail rneei Me lequuenienLs u1 reuelai Opt-UiHUCRIU1I I I -r- IZ7JLC, i yNc 1. 620-2.3 REFLECTIVE MEDIA. Glass beads shall meet the requirements for Federal Specification TT -B -1325D, Type III, Gradation A. Glass beads shall be treated with all compatible coupling agents recommended by the manufacturers of the paint and reflective media to ensure adhesion and embedment. Paint Color Glass Beads, Type I, Gradation A Glass Beads, Type III Glass Beads, Type IV White See Table 1. See Table 1 See Table 1 Yellow See Table 1. See Table 1 See Table 1 Red See Table 1 and Note Not used See Table 1 and Note Black Not used Not used See Table 1 and Note j CONSTRUCTION METHODS 620-3.1 WEATHER LIMITATIONS. The painting shall be performed only when the surface is dry and when the surface temperature is at least 45°F and rising and the pavement surface temperature is at least 5°F above the dew point or meets the manufacturer's recommendations. Painting operations shall be discontinued when the surface temperature exceeds the paint manufacturer's recommendations. Markings shall not be applied when the wind speed exceeds 10 mph unless windscreens are used to shroud the material guns. 620-3.2 EQUIPMENT. Equipment shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine, a bead dispensing machine, and such auxiliary hand -painting equipment as may be necessary to satisfactorily complete the job. Hand spreading of reflective media will not be permitted. The mechanical marker shall be an atomizing spray -type or airless -type marking machine suitable for application of traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall apply markings of uniform cross-sections and clear-cut edges without running or spattering and without over spray. FYV Airfield Pavement Marking Rehabilitation P-620-1 17041214 150/5370-10G 7/21/2014 620-3.3 PREPARATION OF SURFACE. Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, laitance, or other foreign material that would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by waterblasting, sandblasting, or by other methods approved by the Engineer as required to remove all contaminants without damage to the pavement surface. Use of any chemicals or impact abrasives during surface preparation shall be approved in advance by the Engineer. After the cleaning operations, sweeping, blowing, or rinsing with pressurized water shall be performed to ensure the surface is clean and free of grit or other debris left from the cleaning process. Prior to the application of any markings, the Contractor shall certify in writing that the surface has been prepared in accordance with the paint manufacturer's requirements, that the application equipment is appropriate for the type of marking paint and that environmental conditions are appropriate for the material being applied. This certification along with a copy of the paint manufacturer's surface preparation and application requirements must be submitted and approved by the Engineer prior to the initial application of markings. 620-3.4 LAYOUT OF MARKINGS. The proposed markings shall be laid out in advance of the paint application. The-4esatk)ns-af-wiarkipg&4o4ec*-4e-g4ass--heads-shall-be-shewp on4h"iaAs. Glass beads shall be applied to all final reflective pavement markings. 620-3.5 APPLICATION. Paint shall be applied at the locations and to the dimensions and spacing shown on the plans. Paint shall not be applied until the layout and condition of the surface has been approved by the Engineer. The edges of the markings shall not vary from a straight line more than 1/2 inch in 50 feet, and marking dimensions and spacings shall be within the following tolerances: Dimension and Spacing Tolerance 36 inch or less ±1/2 inch greater than 36 inch to 6 feet ±1 inch greater than 6 feet to 60 feet ±2 inch greater than 60 feet ±3 inch The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine at the rate shown in Table 1. The addition of thinner will not be permitted. Prior to the initial application of markings, the Contractor shall certify in writing that the surface has been prepared in accordance with the paint manufacturer's requirements, that the application equipment is appropriate for the marking paint and that environmental conditions are appropriate for the material being applied. This certification along with a copy of the paint manufactures application and surface preparation requirements must be submitted to the Engineer prior to the initial application of markings. 620-3.6 TEST STRIP. Prior to the full application of airfield markings, the Contractor shall produce a test strip in the presence of the Engineer. The test strip shall include the application of a minimum of 5 gallons of paint and application of 35 lbs of Type 1/50 lbs of Type III glass beads. The test strip shall be used to establish thickness/darkness standard for all markings. The test strip shall cover no more than the maximum area prescribed in Table 1 (e.g., for 5 gallons of waterborne paint shall cover no more than 575 square feet). FYV Airfield Pavement Marking Rehabilitation P-620-2 17041214 AC 150/5370-10G 7/21/2014 TABLE 1. APPLICATION RATES FOR P Glass Beads, Paint Type I, Gradation A Paint Type Square feet per Pounds per gallon gallon, ftz/gal of paint—Ib./gal. Waterborne " 115 ftz/gal 7 Ib./gal. Type I or II maximum minimum Note: Type III beads shall not be applied to Red or Pink paint. T AND GLASS BEADS Glass Beads, Glass Beads, Type III Type IV Pounds per gallon Pounds per gallon of paint—Ib./gal. of paint—Ib./gal. 10 Ib./gal. minimum Glass beads shall be distributed upon the marked areas to receive glass beads immediately after application of the paint. A dispenser shall be furnished that is properly designed for attachment to the marking machine and suitable for dispensing glass beads. Glass beads shall be applied at the rate shown in Table 1. Glass beads shall not be applied to black paint or green paint. Glass beads shall adhere to the cured paint or all marking operations shall cease until corrections are made. Different bead types shall not be mixed. Regular monitoring of glass bead embedment should be performed. Hand spreading of reflective media will not be permitted. All emptied containers shall be returned to the paint storage area for checking by the Engineer. The containers shall not be removed from the airport or destroyed until authorized by the Engineer. 620-3.7 A,PPLIGATION—FORME-B AL"ENTMARKINGS: —a Asphalt an !29 land4oG nent4e-ensar44rinimurnsongle-pass,applicatieR4Rw-ap4optimLwn-b+ond ice-the--mar-k�ng4ub&trate iRte oe thamater4a2 s4 4"ae-applied-using a va le-speed•-•self--pfGpel{ed mGbile heal.+iii"rar^rn eEUve-tteatlWwid#--$f �l.,t,�h�an4&4f'c 4-apd a-free--span4),--Mean s 1ppGking � w4eel_s--G -lesrs-than 19 ion+ The heatt,e -e"'rr v-eri�it•-ttiG ma4adiati in the -il' arki'WR4are iei4al-?nr"on`v` h a FKiy^n that the rl ,e, ,e , +�. h,�e Wide•-Ii4;ear-segment-irl--the-dife6ton mf h"";te-zr-c^+'' . a± m�zr - nau_stt- h�%-af-the•-Gverall average4efrapera#ire-a#-t +eskleated laerrraeplastir rrat ial as it ex+ts tlra treater. T"— al us# -be ble-to be app' �^' tm"ie A—and pave hent-teFnpefat+ufes--do withGu aA" eatin9-ef4he pavernent-•to-a-sspee4r temp Pre 71�p ma_tneriaknuM-be-able-te be Wtied vAththe imeof a.ZYteirmeme[CJS=-i-he pavement shall he�..naR,- f ;ee--of-debris.-A-nG 4-V-oF le cafgarriecs iter t�(non-'�n, ;eQlewvitla a fna it r r-applied++ssesi+„ of 250 Gent,ise•-must—b applied t therne y-before4kre-markin9s-a_'e-appli=dam supplier-��Gse-appkG.,+,�, ��tioRs wit" Wx/paskage- 620-3.8 PROTECTION AND CLEANUP. After application of the markings, all markings shall be protected from damage until dry. All surfaces shall be protected from excess moisture and/or rain and from disfiguration by spatter, splashes, spillage, or drippings. The Contractor shall remove from the work area all debris, waste, loose or unadhered reflective media, and by-products generated by the surface preparation and application operations to the satisfaction of the Engineer. The Contractor shall dispose of these wastes in strict compliance with all applicable state, local, and Federal environmental statutes and regulations. 620-3.9 REMOVAL OF EXISTING MARKINGS. The existing pavement markings shown on the plans to be removed shall be removed without damaging the existing pavement. The markings shall be removed through the use of sand blasting, grinding, or other methods approved by the Engineer before removal operations begin. For areas to be repainted, the existing painted surface shall be cleaned by high-pressure water blasting or sand blasting, as required, to remove all foreign material which would reduce the bond between the new paint and the old paint. FYV Airfield Pavement Marking Rehabilitation P-620-3 17041214 AC 15015370-10G 7121.12014 METHOD OF MEASUREMENT 620-4.1 The quantity of runway and taxiway markings to be paid for shall be the number of square feet of painting with or without reflective media performed in accordance with the specifications and accepted by the Engineer. 620-4.2 Pavement marking removal shall be measured by number of square feet of markings removed in accordance with the specifications and accepted by the Engineer. BASIS OF PAYMENT 620-5.1 Payment shall be made at the respective contract price per square foot for runway and taxiway painting, with or without reflective media. This price shall be full compensation for furnishing all materials, including reflective media, and for all labor, equipment, tools, and incidentals necessary to complete the item. 620-5.2 Payment shall be made at the contract unit price per square foot for paint removal. The price shall be full compensation for furnishing all materials and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Item P-620-5.1 a Runway and Taxiway Painting (Reflective) — per Square Foot Item P-620-5.1 b Runway and Taxiway Painting (Non -Reflective) — per Square Foot Item P-620-5.2 Pavement Marking Removal — per Square Foot TESTING REQUIREMENTS ASTM C371 Standard Test Method for Wire -Cloth Sieve Analysis of Nonplastic Ceramic Powders ASTM D92 Standard Test Method for Flash and Fire Points by Cleveland Open Cup Tester ASTM D711 Standard Test Method for No -Pick -Up Time of Traffic Paint ASTM D968 Standard Test Methods for Abrasion Resistance of Organic Coatings by Falling Abrasive ASTM D1652 Standard Test Method for Epoxy Content of Epoxy Resins ASTM D2074 Standard Test Method for Total, Primary, Secondary, and Tertiary Amine Values of Fatty Amines by Alternative Indicator Method ASTM D2240 Standard Test Method for Rubber Property - Durometer Hardness ASTM D7585 Standard Practice for Evaluating Retroreflective Pavement Markings Using Portable Hand -Operated Instruments ASTM E1710 Standard Test Method for Measurement of Retroreflective Pavement Marking Materials with CEN -Prescribed Geometry Using a Portable R etro refl ecto meter FYV Airfield Pavement Marking Rehabilitation P-620-4 17041214 AC 15015370-10G 712112014 ASTM E2302 Standard Test Method for Measurement of the Luminance Coefficient Under Diffuse Illumination of Pavement Marking Materials Using a Portable Reflectometer ASTM G154 Standard Practice for Operating Fluorescent Ultraviolet (UV) Lamp Apparatus for Exposure of Nonmetallic Materials MATERIAL REQUIREMENTS ASTM D476 Standard Classification for Dry Pigmentary Titanium Dioxide Products 40 CFR Part 60, Appendix A-7, Method 24 Determination of volatile matter content, water content, density, volume solids, and weight solids of surface coatings 29 CFR Part 1910.1200 Hazard Communication FED SPEC TT -B -1325D Beads (Glass Spheres) Retro -Reflective American Association of State Highway and Transportation Officials (AASHTO) M247 Standard Specification for Glass Beads Used in Pavement Markings FED SPEC TT -P -1952E Paint, Traffic and Airfield Marking, Waterborne Commercial Item Description A -A-28868 Paint, Traffic, Solvent Based FED STD 595 Colors used in Government Procurement AC 150/5340-1 Standards for Airport Markings END OF ITEM P-620 FYV Airfield Pavement Marking Rehabilitation P-620-5 17041214 AC 1 6015370-1 0G 7121/2014 Page Intentionally Left Blank FYV Airfield Pavement Marking Rehabilitation P-620-6 17041214 PF, 4' h GARNER --_�. 404-J N38Ry[ Owny+l4 dne :AS —M O dWS :AS 03N`JIS30 BL02 NYf 31tl0 "rim L '591 w 133HS 2:GAOO �T D { �T D Z� (7 T m m m o m D F < m D K m o zI z 0016-LZS(61b) fOLtL tlV 'all!�allafie3 004 aDnS PNS a,M1of 3 6402 noz `AadnNdr WB- # 018 311IA3113AVzl JO Allo V6ZWOLL 'ON 103rOad 83ANVO S V S N i N U V 3111A3JL L3AV=l do A -LIZ) Ovum IYVIIVJV I -� SVSNb NtI Y '3-1'lI/ 3JL.L3 \ Y =l .0 HOI-LVJL1-11'3VH3N !DNINNaW 1N3W3AVd al3t=INIV AAA M s Z L3HE _ NOTIdV �VNIM1b3t - • zo Vs 3H1 NC 9AVN,1%V. 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MARKING RUNWAY HOLDING POSITION MARKING C -1C4 SCALE: NONE r� s w• wM a .1 } 34®16 WHITE ll Tl-ERNO� RED BACKGROUND —+ C SURFACE PAINTED HOLD SIGN G-108 SCALE: NONE 1 11111.1 ENHANCED TAXIWAY MARKING n ENHANCED _ TAXIWAY CENTERLINE MARKINGS• C -t OB SCALE:NONE O UU LL - z LU z O LL, a _._.-.- -'--„T y � J -� YELLOW MARKING (TYP.j � y D_ Q TAXIWAY CENTERLINE”`}II�ryyq J W Ji lzi > K 4 11. NT J W Of NON-MOVEMESIDE ? x z o L LU W Q �1 TERMINATE TAXIWAYCENTERLINEOR 1 TAXIWAY EDGE MARKING 6' FROM YELLOW MARKING (TVP,) ANY YELLOW NON.MOVEMENT AREA TERMINATE TAXIWAY CENTFRI INF BOUNDARY MARKING. IjCELI.L MARKING 6' FROM ANY YELLOW b�TA%;I�S �J DASHED TAXIWAY EDGE MARKING. Y3@ rKi: 1TM�tu DASHED TAXIWAY EDGE MARKING rss NON -MOVEMENT AREA MARKINGS DATE: -2018 C -t69 SCALE: NONE C•tl:d SCALE: NONE DESIGNEDBY: BMF ofumaser: ula C-108 ME 15 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 267-17 File Number: 2017-0704 GARVER, LLC TASK ORDER NO. 10: A RESOLUTION TO AUTHORIZE THE APPLICATION FOR ARKANSAS DEPARTMENT OF AERONAUTICS GRANT FUNDS IN THE AMOUNT OF $117,000.00, AND TO APPROVE TASK ORDER NO. 10 WITH GARVER, LLC IN THE AMOUNT OF $19,000.00 FOR BID PACKAGE DEVELOPMENT, BIDDING SERVICES, AND CONSTRUCTION PHASE SERVICES FOR AN AIRFIELD PAVEMENT MARKING REHABILITATION PROJECT AT DRAKE FIELD 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 authorizes an application for Arkansas Department of Aeronautics grant funds in the amount of $117,000.00 for an airfield pavement marking rehabilitation project. Section 2; That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute Task Order No. 10 with Garver, LLC in the amount of $19,000.00 bid package development, bidding services, and construction phase services for the airfield pavement marking rehabilitation project. PASSED and APPROVED on 12/19/2017 Approved`: i r' ioneld Jo an, Ma Page 1 Attest: i t Sondra E. Smith, City Clerk Treasurer , 5 Prirade�,r� �l2Dll7 1 Ayl'.'I'1 E V"1 1 f•'+'t%3214[. '.�.ti. ?� City of Fayetteville, Arkansas yy i 1 Text File File Number: 2017-0704 Agenda Date: 12/19/2017 Version: 1 In Control: City Council Meeting Agenda Number: A. 4 GARVER, LLC TASK ORDER NO. 10: 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Status: Passed File Type: Resolution A RESOLUTION TO AUTHORIZE THE APPLICATION FOR ARKANSAS DEPARTMENT OF AERONAUTICS GRANT FUNDS IN THE AMOUNT OF $117,000.00, AND TO APPROVE TASK ORDER NO. 10 WITH GARVER, LLC IN THE AMOUNT OF $19,000.00 FOR BID PACKAGE DEVELOPMENT, BIDDING SERVICES, AND CONSTRUCTION PHASE SERVICES FOR AN AIRFIELD PAVEMENT MARKING REHABILITATION PROJECT AT DRAKE FIELD 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 authorizes an application for Arkansas Department of Aeronautics grant funds in the amount of $117,000.00 for an airfield pavement marking rehabilitation project. Seclion 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute Task Order No. 10 with Garver, LLC in the amount of $19,000.00 bid package development, bidding services, and construction phase services for the airfield pavement marking rehabilitation project. City of Fayetteviffe, Arkansas Page 1 Printed on 12/20/2017 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number AIRPORT SERVICES (760) 2018 /Org2 Requestor: Dee McCoy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A budget adjustment is needed to accept grant # 3688-18 for the Airport Pavement Marking project, in the amount of $128,970.00. The Aviation Division may expend up to $26,000.00--$13,000.00 in order to match 10% of the project total cost, plus a 10% project contingency of the approved budget, or $13,000.00. RESOLUTION/ORDINANCE COUNCIL DATE: LEGISTAR FILE ID#: 5/1/2018 2018-0224 Tto-Uy 1acn-d&ti 4/13/2018 4:22 PM Budget Director TYPE: DESCRIPTION: GLDATE: POSTED: Date TOTAL Account Number 128,970 128,970 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub AT v.20180119 Account Name 5550.760.3960-4302.00 128,970 15030 2018 RE State Grants - Capital 5550.760.3960-5314.00 19,000 - 15030 2018 EX Professional Services - 5550.760.3960-5400.00 135,970 15030 2018 EX Building & Grounds - Maintenance 5550.760.3960-5804.00 (26,000) 15030 1 EX Building Costs - Building Costs C:\Users\losmifh\AppDafa\Roaming\L5\Temp\6e2f6cd3-a4ad-4e47-aa1 f-Obb194e5f63c mm CO TiR C7TUUC M,'E--AjMNNTS U7-19 CITY OF FAYETTEVILLE ARKANSAS FAYETTEVILLE - DRAKE FIELD (FYV) FAYETTEVILLE, ARKANSAS FYV AIRFIELD PAVEMENT MARKING REHABILITATION City of Fayetteville Bid # 18-19 Garver Project Number 17041214 CITY OF City of Fayetteville, Arkansas FAY E i T E V L L RECEIVE chasing Division 113 W. Mountain A R K A N S AS TUN 1120118 Fayetteville, AR 72701 4V CITY OF FAYETTEVILLE Phone: 479.575.8220 TDD (Telecom mt Qt WSNF)REe for the Deaf): 479.521.1316 INVITATION TO BID: Bid 18-19, Construction — FYV Airfield Pavement Marking Rehabilitation DEADLINE: Tuesday, February 6, 2018 before 2:00 PM, Local Time, Room 306 PRE-BID MEETNG: Tuesday, January 23, 2018 at 10:00 AM, Local Time, FYV Airport Terminal DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Purchasing Agent, 479-575-8220, Lmcgaugh@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Wednesday, January 16 and 23, 2018 INVITATION TO BID Bid 18-19, Construction — FYV Airfield Pavement Marking 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 Andrea Foren, Purchasing Agent, via e-mail at Lmcgaugh@favetteville-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. 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 #1: PROJECT MANUAL: 131 total pages FILE #2: PROJECT DRAWINGS: 15 total pages *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://bids.fayetteville-ar.gov Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring http://bids.accessfavetteville.org. 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 000001 - CERTIFICATIONS FYV AIRFIELD PAVEMENT MARKING REHABILITATION GARVER PROJECT NO. 17041214 .CITY OF FAYETTEVILLE BID # 18-19 I hereby certify that the applicable portions of this project plans and specifications were prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Arkansas. SEAL AND SIGNATURE APPLICABLE DIVISION OR PROJECT RESPONSIBILITY Benjamin Perea, P.E. Civil Engineer Project Manager 5,IAT E op AR A��NSAS LICENSED PROFESSIONAL GIN N5.171 1 IN I& Digitally Signed: January 12, 2018 I GARVER, LLC CERTIFICATE OF AUTHORIZATION: I °p� CF '•: '�Y''''� GARVER LLC No. 766 :, I4A;'.......... a�� Expiration Date: 12/31/2018 City of Fayetteville FYV Airfield Pavement Marking Rehabilitation TABLE OF CONTENTS Description Page No. BIDDING REQUIREMENTS Certifications 000001-1 Table of Contents 000010-1 Invitation for Bids 010000-1 Instructions to Bidders 010200-1 Bid Bond 010300-1 Proposal 010400-1 Statement of Bidder's Qualifications 010420-1 List of Proposed Subcontractors 010440-1 Bidder's Checklist of Required Items 010480-1 CONTRACT REQUIREMENTS Contract 010600-1 Performance Bond 010700-1 Payment Bond 010720-1 III. GENERAL PROVISIONS GP -1 IV. SPECIAL PROVISIONS SP -1 V. SUPPLEMENTAL SPECIFICATIONS SS -101 Safety Plan Compliance Document (SPCD) SS -101-1 SS -120 Site Preparation SS -120-1 VI. TECHNICAL SPECIFICATIONS P-620 Runway and Taxiway Painting P-620-1 FYV Airfield Pavement Marking Rehabilitation 000010-1 17041214 Cl ISTPA V-07 RHAWNF r �✓ CERTIFICATE OF LIABILITY INSURANCE DATEJMMIDDfYYYY) 02/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE (AIC, No, EXt): (479) 452-4000 (AIC, No):(479) 484-5185 BHC Insurance 5500 Euper Lane P.O. Box 3529 Fort Smith, AR 72913-3529 EODRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: United Fire & C sualty Company 13021 EACH OCCURRENCE I S 1,000,000 INSURED INSURER B: Brid efleld Casualty Ins. Co. 10335 INSURER C: 1_ Custom Pavement Maintenance & Safety, LLC INSURER D: P.O. Box 435 Van Buren, AR 72957 INSURER E INSURER F: I COVFRAr;FS CERTIFICATF NIIMRFR- 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. INT R TYPE OF INSURANCE. ADDL SUBRI POLICY NUMBER. .. ... MMIDDY EFF POLICY EXE .... ...... LIMITS .. .. ... A X) COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR 60475485 05/01/2017 05/01/2018 I EACH OCCURRENCE I S 1,000,000 DAMAGE TO RENTED 100,000 P EEMIS-E$ IEa occurrenrel S MED EXP (Any one person S 5,000 PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I X � IPE aX LOC OTHER: GENERAL AGGREGATE S 2,000,000 PRODUCTS - COM PIOP AGG I S 2,000,000 I S A AUTOMOBILE LIABILITY X ANY AUTO OWNED F—] SCHEDULED AUTOS ONLY R.AUTOS AUTOS ONLY AUUTOS ONLYY I I I 60475485 05/01/2017 05/01/2018 COMBINED SINGLE LIMIT 1,000,000 Ea accident S BODILY INJURY Per person 5 BODILY INJURY Per accident S MAGE S (RoacEc ER DAMAGE S A X UMBRELLALIAB X OCCUR EXCESS LIAB CLAIMS -MADE 60475485 05/01/2017 j ' 05/01/2018 EACH OCCURRENCE S 1,000,000 AGGREGATE s 1'000,000 DED RETENTIONS I S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE Y❑ EXCLUDED? In NH) 11 es, describe under DESCRIPTION OF OPERATIONS below N/A(Mandatory 196-40754 05/01/2017 05/01/2018 OTH- E fEACHACCIDENIT1,000,000 SOFFICER/MEMBER FE.L. A EMPLOYE I S 1,000,000 DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) Re: Project Name: FYV Airfield Pavement Marking; Project Location: Rehabilitation, Fayetteville, AR City of Fayetteville 1525 S Happy Hollow Rd Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE A04L490_L/, ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ® Request for Taxpayer Give Form to the Form (Rev. November 2017) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ® Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Custom Pavement Maintenance and Safety, LLC. 2 Business name/disregarded entity name, if different from above Vi3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to mfollowing seven boxes. certain entities, not individuals; see CL o ❑ Individual/sole proprietor or ElC Corporation ❑ S Corporation ElPartnership ElTrust/estate instructions on page 3): w tvc single -member LLC Exempt payee code (if any) CL �'�❑ C Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) b. p i? Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting w LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) 0. g another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see Instructions)► (Applies to accounts maintained outside the U.SJ n cu 5 Address (number, street, and apt. or suite no.) See instructions. PO Box 435 Requester's name and address (optional) u 6 City, state, and ZIP code Van Buren, AR 72957 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number backup withholding. For individuals, this is generally your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other m� _ 11:1 _ entities, it is your employer identification number (EIN). If you do not have a number, see How to .qet a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and C Number To Give the Requester for guidelines on whose number to enter. r Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part ll, later. Her Signature of �� (.t �l. lJ �� X ` � �J \0-- I Here U.S. person ► Date General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/F`olmW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11-2017) 010000 — INVITATION TO BID City of Fayetteville, Arkansas Bid 18-19, Construction — Airfield Pavement Marking Rehabilitation Contract Name: FYV AIRFIELD PAVEMENT MARKING REHABILITATION City of Fayetteville Bid Number: 18-19 Advertising Dates: 01/16/18, 01/23/18 The City of Fayetteville, AR is accepting sealed bids from properly licensed professionals for the construction of the Airfield Pavement Marking Rehabilitation at Fayetteville — Drake Field Airport. The project includes, but is not limited to, removal of 10,000 square feet of existing airfield pavement marking and installation of approximately 140,000 square feet of airfield pavement markings as shown on the plans and indicated in the specifications. Sealed bids shall be submitted to the City of Fayetteville (City), AR by Tuesday, February 6, 2018 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 Tuesday, January 23, 2018 at 10:00 AM 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(a)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. A contractor's license from the State of Arkansas Contractor's Licensing Board is not required at the time of bid; however, no contractor shall submit a bid under this prior to submitting application for licensure. The City shall not execute any construction contract unless and until the successful bidder for the project furnishes an appropriate license issued by the board. 010000-1 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. 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 Manager P: 479-575-8220 Email: Imcgaugh o fayetteville-ar.gov TTD (Telecommunications Device for the Deaf): 479-521-1316 Date of Advertisement: 01/16/18 and 01/23/18 010000-2 010200 - INSTRUCTIONS TO BIDDERS 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 Airfield Pavement Marking Rehabilitation and with the time and date of bid opening shown thereon. The name, address, and Arkansas Contractor's License Number, or date of application of licensure with the State of Arkansas Contractor Licensing Board, 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(aD-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. FYV Airfield Pavement Marking Rehabilitation 010200-1 17041214 4. INSPECTION OF SITE Each Bidder shall visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor, and shall fully inform himself as to the 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 Plans, 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. 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. FYV Airfield Pavement Marking Rehabilitation 010200-2 17041214 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. 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 Conditions. 7. 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 Bidders 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 cavy out properly the terms of the Contract. 8. 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. FYV Airfield Pavement Marking Rehabilitation 010200-3 17041214 Increases or decreases in items of work, and the cost thereof, shall be done in accordance with the Section entitled, CHANGES IN THE WORK under GENERAL CONDITIONS. 9. 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. FYV Airfield Pavement Marking Rehabilitation 010200-4 17041214 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. 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 the contract has been awarded, a one hundred percent (100%) performance and payment bond shall be provided to the City after being filed marked at the 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 the Special Provisions, C-01. FYV Airfield Pavement Marking Rehabilitation 010200-5 17041214 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 i before construction begins: • Construction Schedule ' 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 FYV Airfield Pavement Marking Rehabilitation 010200-6 17041214 11RIX1I11115 31137,101 N ] BID DEFAULT Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Contract required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. This obligation shall be null and void if: 1.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Contract required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 1.2 All Bids are rejected by Owner, or 1.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and consented to by Surety). 2. BOND PAYMENT DUE Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. PROCEEDING REQUIREMENTS Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed the time required by the Bidding Documents without Surety's written consent. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default is received by Bidder and Surety and in no case later than one year after the Bid due date. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 4. STATUTORY REQUIREMENTS This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. FYV Airfield Pavement Marking Rehabilitation 010300-1 17041214 M 5. BID BOND CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: THAT we the undersigned, Custom Pavement Maintenance and Safety, LLC as PRINCIPAL, and SureTec Insurance Company , as SURETY, are held and firmly bound unto the City of Fayetteville, Arkansas, hereinafter called the OWNER in the penal sum of Five Percent of the Total Amount Bid Dollars ($ 5% ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, .our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these Presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal has submitted the accompanying Proposal, dated February 6, 2018 "FYV AIRFIELD PAVEMENT MARKING REHABILITATION" for NOW, THEREFORE, if the Principal shall not withdraw said Proposal within ninety (90) days after the opening of same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Proposal as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above bounded parties have executed this instrument, under their several seals this 6th day of February , 20 18, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body. FYV Airfield Pavement Marking Rehabilitation 010300-2 17041214 . I SEAL Attest: SEAL Principal: Custom Pavement Maintenance & Safety, LLC By: Surety: Attest: By: Signature Mary Ann Justice Print Name 'a , �o'411 - Address SureTec Insurance Company Atto -in-Fac - S ature Elizabeth Solomon Attomey-in-Fact - Print Name and Title 5500 Euper Lane Fort Smith, Arkansas 72903 Address NV i t,'j: rower-oT-attorney Tor person signing Tor surety company must oe attacnea to bona. FYV Airfield Pavement Marking Rehabilitation 010300-3 17041214 Pon #: 410013 SureTec Insurance Company LEMTED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Elizabeth Solomon, Janice A. Butler, Marty C. Clark, Scott R. Clark, Shannon C. Schmidly, Sarah K. Day, Mary Ann Justice its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2018 and is made under and.by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 200' of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 7th day of February, A.D. 2017 . SFANCF nw SURETEC E ANY !3. By: 6 �2 John resi nt State of Texas ss: �` 1 : ' County of Harris `� �^ ••.-•• '' On this 7th day of February, A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and.which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. �', XENIA CHAVEZ oa r P& __•. Notary Public, State of Texas Comm. Expires 09.10-2020 Notary ID 129117659 X to avez, Notary Public y commission expires September 10, 2020 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect Given under my hand and the seal of said Company at Houston, Texas this 6th da of Febr ry 018 A.D. B nt Belly,—Assistant Se etary Any instrument Issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 6:00.pm CST. 010400 -.PROPOSAL Place_.. _ . Date Proposal of V ken A '1 &A Sa'4 S M ate? Mc° to _ G � 0 a corporation organized and existing under the laws of the State of l`SQ-6 Tax.ID Number (TIN): DUNS #: 7S Q �5 q CAGE Code: 7 PZ A7 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 Airfield Pavement Marking Rehabilitation. The undersigned Bidder, having visited the site of the work, having examined the Plans, 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 Plans, 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 Plans, 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 seven (7) consecutive calendar days thereafter (except as modified in accordance with the GENERAL CONDITIONS of these Contract Documents). 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 GENERAL CONDITIONS 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 GENERAL CONDITIONS of these Contract Documents. FYV Airfield Pavement Marking Rehabilitation 010400-1 17041214 Bidder acknowledges receipt of the following addendum (addenda): S 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 . ' �W bond (strike one) d f/ in the amount of Dollars ($ ), being not less than five percent (5%) f t otai 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. ' FYV Airfield Pavement Marking Rehabilitation 010400-2 17041214 SEAL (if Bidder is a Corporation) 4 Attest: Qw Siyr►alure Print Name NOTES: Sign in ink. Do not detach. Bidder:oVdt"%pAJeweA yk,�e/wke Qic-simej By: 000 Ire rnt me and Title *V>'o'�xL135r %6n'J,uien AtZ 7g??S7 Address 62eoc GoOp \Ja N rAn 7A- 5C.P Office Address of Bidder Items must be bid upon as specified in the Unit Price Schedule. FYV Airfield Pavement Marking Rehabilitation 010400-3 17041214 CITY OF FAYETEVIL'LE FYV AIRFIELD PAVEMENT MARKINGIREHABILITATION UNIT PRICES ITEM NO. 1 SPEC. NO. DESCRIPTION GP -105 (Mobilization ESTIMATED UNIT UNIT QUANTITY PRICE LS 1 BID AMOUNT 2 I 'P -6245.1a , Runway and Ta)dway Painting (ReNective) I SF 110,000 ��_.. 3 ( P 6245.1b Runway and Taxiway Painting (Non -Reflective) I SF I 30.000is OO 4 P-6245.2 Pavement MaAung Removal 3 SF 10.000OO VToo I Q Total8Id FYV Airfield Pavement Marking Rehabilitation 010400-5 17041214 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. Cvs tn� �o�vGl►�QyJ� Mot\,Ae-m p Af . 7,09.57 2. Permanent main office address. � Coor 3. When organized. aoIU 4. If a corporation, where incorporated. 5. How many years have been engaged in the co tractin business under your present firm or trade name? a awed'$ . � .. ec r- � � ��:GC' Co w•�ct�� . 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. — C vas v c 8. Have you ever failed to complete any work awarded to you? NO 9. Have you ever defaulted on a Contract? NO If so, where and why? pp 10. Have you ever been fined or had your license suspended by a Contractor's Licensing Board? /V C 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. 1 12. List your major equipment available for this Contract. See jQ4' CLQ Q 13. Experience in construction work similar in importance to this project..S,ee /- +i NCLea 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? LAPS 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. . FYV Airfield Pavement Marking Rehabilitation 010420-1 17041214 Dated at 1i 0a A 11n this b day of T;! �N 20S Bidder: j- V ,un /uQ �Iro By: t 11 a rint Natne and Title STATE OF SS. COUNTY OF �,r• ,as �• ) c° being duly sworn deposes and says that he is �, - of Clio/�lni? i��!!1/�.r i�.•t.�s..ca :f,p (Name of Organization) and that the answers to the foregoing questions and all statements therein contain d re true and correct. SUBSCRIBED AND SWORN TO BEFORE ME this (p day of 20 -Ag. (Notary Publi My Commission Expires: •��,,,,,,,,,,bfi a-/- ;2o 20 •,c�.j�,.M.N0,1?� •�� Y: NOTgRj, a._ 10' -Co' pV8LIC 1 -< 0 COUN�A�P'��,,, FYV Airfield Pavement Marking Rehabilitation 010420-3 17041214 CLUTOM PAVE M, E Wr Maintenance 6 Safetl The following is a list of proposed equipment for use on this project. If you have questions please call me at 479-262-6160 Long .Line stripe trucks with air actuated bead guns Power Broom Diesel Powered Jet Blower Walk behind striping machines Finn Hydroseeder trailer Hot Pressure Washer CUSTOM P/1VEMENT Maintenance a Safety Our executive team have 20 years experience in the pavement marking industry with a small partial list of completed projects listed below. Monticello Municipal Airport, Boone County Airport, Harrison AR $186,567.75 Warren AR Airport, $41,151.70 Woodruff County Airport, $95,934.75 Grove Municipal Airport, Grove OK $106,000.00 Hampton Municipal Airport, Hampton AR, $ 82,159.00 Mt Ida Airport, Mt Ida AR, $75,240.00 Corning Municipal Airport, Corning AR, $ 100,181.41 North Little Rock Airport, NLR, AR, $ 101,183.70 Clarksville Municipal Airport, Clarksville, AR, $ 87,100.25 Marion County Regional Airport, Flippin, AR, $84,388.10 Izard County Airport, Calico Rock, AR, $ 47,600.15 Horseshoe Bend Airport, Horseshoe Bend, AR, $ 74,491.00 Heber Springs Airport, Heber Springs, AR, $ 82,652.63 Malvern Municipal Airport, Malvern ,AR, $ 61,7.50.50 Pocahontas Municipal Airport, Pocahontas, AR, $ 102,039.47 Melbourne Municipal Airport, Melbourne, AR, $ 169,178.25 Stuttgart Municipal Airport, Stuttgart, AR, $ 249,220.00 Springdale Municipal Airport, Springdale, AR, $ 58,509.64 Springdale Water Utilities, Springdale, AR, $ 33,200.00 Siloam Springs Airport, Siloam Springs, AR, $ 288,012.63 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 Type of Work: .................. i,,�.A�........................................ Subcontractor's Name: ............................................................... Arkansas License No.:................................................................ Address: ...................................................................................... Date Firm Established: ............................................................... Annual Gross Receipts (enter the range only): ........................... Tvpe of Work: Subcontractor's Name: .................................................................................................................................... ArkansasLicense No.: ........................... ......................................................................................................... Address: ........................................................................................................................................................... DateFirm Established: .................................................................................................................................... Annual Gross Receipts enter the range only): ................... Bidder (General Contractor)O.V.Sr �a'�e�.�.A...'.'..`!`,1n��!.AM... O`� ................. ArkansasI icense No .... ,1 ..i....Q.................................................1...................................... Address:. ..0............ ."1�S{......vo► .. .! ? n..... ..705...................... ...................... Date Firm Established: .......... 0�0. �.�.f!..... ....................................... .....................1.�............... ............... Annual Gross Receipts nterthe ra nly):........r11�...I�..O..`."'`�r......-•.......•....••••••••. By.. ................. ............. .................................................................................................................. Title: ............................00",,0 ................................................................................................................... *Signature must be the same as on the Proposal form. Notes: (1) A contractor's license from the State of Arkansas Contractor's Licensing Board is not required at the time of bid; however, no contractor shall submit a bid under this prior to submitting application for licensure. The City shall not execute any construction contract unless and until the successful bidder for the project furnishes an appropriate license issued by the board. FYV Airfield Pavement Marking Rehabilitation 010440-1 17041214 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 GK Bid contains the following forms: 010200 1. Insurance Coverages (Current Auto and Liability Insurance) 010300 2. Bid Bond / 010400 3. Proposal (including Unit Price Schedule - if applicable) u 010420 4. Statement of Bidder's Qualifications 010440 5. List of Proposed Subcontractors '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: I`fG GZ� 1► tL�t�n Ge '� �`, Address. City, State, Zip Code: V bur, bvre!N, 7W957 Contractor Number: C Contact Name: Title: _ nk-" rJ^ Contact Number: H:zq - aw " (0 �CQO Contact Email: C 1�'tyl�ClK� JC�tiMe CQ/Y� Signature of Authorized Agent for Bidder: Date: FYV Airfield Pavement Marking Rehabilitation 010480-1 17041214 010600 - CONTRACT THIS AGREEMENT made this Z.4J day of a , Custom Pavement Maintenance and Safety organized and existing under the laws of the State of "Contractor', and City of Fayetteville, hereinafter called the "Owner'. WITNESSETH: 70(9 . by and between Corporation hereinafter called the That the Contractor and the Owner for the consideration stated herein mutually agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, incidentals and services, including utility and transportation services and perform and complete all work required for the construction of FYV Airfield Pavement Marking 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 SPECIAL PROVISIONS. Changes, modifications, or amendments in scope, price, or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, or fees. ARTICLE 3. Contract Time. The Contractor agrees to begin work within ten (10) calendar days after issuance by the Owner of a "Work Order' or "Notice to Proceed" and to complete the work within seven (7) consecutive calendar days thereafter (except as modified in accordance with the SPECIAL PROVISIONS of these Contract Documents). If the Contractor shall fail to complete the work within the time specified, he and his Surety shall be liable for payment to the Owner, as liquidated damages ascertained and agreed, and not in the nature of a penalty, the amount specified in SPECIAL PROVISIONS of these Contract Documents for each day of delay. To the extent sufficient in amount, liquidated damages shall be deducted from the payments to be made under this Contract. ARTICLE 4. Contract. The 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. Drawings m. Certificates of Insurance and Insurance Policies FYV Airfield Pavement Marking Rehabilitation 010600-1 17041214 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. Sure . 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. 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: Attest: QLJ—�k <3j""n By: T-1 Sgnature Print Name Owner: Attest:., g' Signatt;ir$; PriritName • A f�Y1<l1-04ILLE: FYV Airfield Pavement Marking Rehabilitation 010600-3 Custom Pavement Maintenance and Safety ure cG; I w Print A ame and Title Address �6- TDo and Title I 'A W�Y111ii %llin A°ddr 17041214 V 010700 - PERFORMANCE BOND NOTIFICATION The Surety's obligation under this Bond shall arise after: 1.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Default. Such notice shall indicate that the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. Unless the Owner agrees otherwise, any conference requested under this Paragraph shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 1.2 The Owner declares a Default, terminates the Construction Contract and notifies the Surety. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Failure on the . part of the Owner to comply with the notice requirement shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 2. SURETY'S ACTIONS When the Owner has satisfied the conditions of Paragraph 1, the Surety shall promptly and at the Surety's expense take one of the following actions: 2.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 2.2 Undertake to perform and complete the Construction Contract itself, through its mutually acceptable agents or independent contractors; 2.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 3 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 2.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 2.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 2.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. FYV Airfield Pavement Marking Rehabilitation 010700-1 17041214 3. SURETY OBLIGATIONS If the Surety elects to act under Paragraph 2.1, 2.2, or 2.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 3.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 3.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 2; and 3.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 4. SURETY DEFAULT If the Surety does not proceed as provided in Paragraph 2 with reasonable promptness, the Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 2.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 5. PROCEEDINGS Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 6. STATUTORY REQUIREMENTS When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hereto and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. FYV Airfield Pavement Marking Rehabilitation 010700-2 17041214 ' 7. PERFORMANCE BOND CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: THAT WE, Custom Pavement Maintenance and Safety, LLC Doc ID: 018014920004 Type: LIE Kind: PERFORMANCE BOND Recorded: 05/17/2018 at 10:53:38 AM Fee Amt: $30.00 Page i of 4 Washington County, AR Kyle Sylvester Circult Clerk Bond #4411764 FileB035-00000326 as Principal, hereinafter called "Principal', and SureTec Insurance Company 1330 Post Oak Blvd, Suite 1100, Houston Texas State of _ as Surety, hereinafter called "Surety", are held and firmly bound unto the City of Fayetteville, Arkansas, as Obligee, hereinafter called "Owner", in the amount of: One Hundred Twenty Four Thousand Three Hundred and No/100ths Dollars,( $; 124 ,300.00 _ As in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Principal entered into a Contract with the Owner by written agreement dated the '2�,� I a`y..of 4L , 20�, a copy of which is which is attached hereto and made a part hereof, hereinafter referred to YS the Contract, "FYV Airfield Pavement Marking Rehabilitation" NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract, including without limitation the maintenance warranty thereof, during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of an extension of time for the performance of the Contract, or any other forbearance on the part either of the Owner or the Principal to the other shall not release in any way the Principal and Surety, or either of these, their heirs, personal representatives, successors, or assigns from their liability hereunder, notice to the Surety of any alteration, extension or forbearance hereby being waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. This bond is executed pursuant to the terms of Arkansas Code Annotated §§ 18-44-501 et. Seq., as amended. Executed on this Z -►2 day of. i`�y „ 20 FYV Airfield Pavement Marking Rehabilitation 010700-3 17041214 SEAL Principal: Custom Pavement Maintenance and Safety, LLC By: Surety: S-WTec Insurance Company Scott R. Clark Attorney -in -Fact - Print Name and Title 1330 Post Oak Blvd., Suite 1100 Houston, TX 77056 Surety Address forgiving Notices NOTES: Attach Power of Attorney. Date of Bond must not precede date of Contract. A copy of this Bond must be filed with the Circuit Clerk in each county wherein the work is to be performed. FYV Airfield Pavement Marking Rehabilitation 010700-4 17041214 NOTIFICATION The Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in the Bond Certificate) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. When the Owner has made notification, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. The Surety's obligations to a Claimant under this Bond shall arise after Claimants have furnished a written notice of non-payment to the Contractor, Surety, or Owner, stating with substantial accuracy the amount claimed and the name of the party to whom the materials, labor, or equipment was furnished or supplied. It is sufficient if a notice of non-payment is given to the Contractor by the Owner. 2. SURETY'S OBLIGATION When a Claimant has satisfied the conditions of Paragraph 1, the Surety shall promptly and at the Surety's expense take the following actions: 2.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 2.2 Pay or arrange for payment of any undisputed amounts. 2.3 The Surety's failure to discharge its obligations under Paragraph 2.1 or 2.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 2.1 or 2.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. DEDICATION OF BOND FUNDS Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 4. OTHER OBLIGATIONS The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make FYV Airfield Pavement Marking Rehabilitation 010720-1 17041214 payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 5. PROCEEDINGS No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 6. STATUTORY REQUIREMENTS When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hereto and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. FYV Airfield Pavement Marking Rehabilitation 010720-2 17041214 7. PAYMENT BOND CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: THAT WE, .Custom Pavement Maintenance and Safety, LLC as Principal, hereinafter called "Principal', and SureTec Insurance Company 1330 Post Oak Blvd. Ste 1100, Houston , State of Texas as Surety, hereinafter called "Surety", are held and firmly bound unto the City of Fayetteville, Arkansas, as Obligee, hereinafter called "Owner", in the amount of: One Hundred Twenty Four Thousand Three Hundred and no/100ths Dollars ($. 124,300.00 in lawful money o e rn e a es of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Principal entered into a Contract with the Owner by written agreement dated the day of /K—i . 20 ig ,, a copy of which is attached hereto and made a part hereof, hereinafter referred to as the Contract, "FYV Airfield Pavement Marking Rehabilitation" NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor performed in such work, whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of an extension of time for the performance of the Contract, or any other forbearance on the part either of the Owner or the Principal to the other shall not release in any way the Principal and Surety, or either of these, their heirs, personal representatives, successors, or assigns from their liability hereunder, notice to the Surety of any alteration, extension or forbearance hereby being waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. This bond is executed pursuant to the terms of Arkansas Code Annotated ss �'A=aA-5o1' et ossa:. -as amended. Executed on this Z^ day of A` 20 FYV Airfield Pavement Marking Rehabilitation 010720-3 17041214 SEAL Principal: Custom Pavement Maintenance and Safety, LLC By: / - Surety: - I Insurance Company Attorney-�lhFaCt - Signature Scott R. Clark Attorney -in -Fact 'Print Name and Title 1330 Post Oak Blvd. Suite 1100 Houston, Texas 77056 Surety Address for giving Notices NOTES: Attach Power of Attorney. Date of Bond must not precede date of Contract. A copy of this Bond must be filed with the Circuit Clerk in each county wherein the work is to be performed. FYV Airfield Pavement Marking Rehabilitation 010720-4 17041214 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. Every day 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. FYV Airfield Pavement Marking Rehabilitation GP -1 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -2 17041214 t 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. FYV Airfield Pavement Marking Rehabilitation GP -3 17041214 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 FYV Airfield Pavement Marking Rehabilitation GP -4 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -5 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -6 17041214 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 FYV Airfield Pavement Marking Rehabilitation GP -7 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -8 17041214 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 FYV Airfield Pavement Marking Rehabilitation GP -9 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -11 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -12 17041214 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 FYV Airfield Pavement Marking Rehabilitation GP -13 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -15 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -16 17041214 1 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. FYV Airfield Pavement Marking Rehabilitation GP -17 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -18 17041214 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 FYV Airfield Pavement Marking Rehabilitation GP -19 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -21 17041214 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: I 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. FYV Airfield Pavement Marking Rehabilitation GP -22 17041214 AC 150/5370-10G 7/21/2014 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 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-fumished 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 FYV Airfield Pavement Marking Rehabilitation GP -23 17041214 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 party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the execution or after the completion of the work. 70-4 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 (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) 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. FYV Airfield Pavement Marking Rehabilitation GP -25 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -26 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -27 17041214 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 her expense. 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. FYV Airfield Pavement Marking Rehabilitation GP -28 17041214 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 NOAH, 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 NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and 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 be cause 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. FYV Airfield Pavement Marking Rehabilitation GP -29 17041214 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 FYV Airfield Pavement Marking Rehabilitation GP -30 17041214 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 worts 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. FYV Airfield Pavement Marking Rehabilitation GP -31 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -32 17041214 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). FYV Airfield Pavement Marking Rehabilitation GP -33 17041214 AC 150/5370-10G 7/21/2014 The Engineer shall base his or her weekly statement of contract time charged on the following considerations: (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. FYV Airfield Pavement Marking Rehabilitation GP -34 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -35 17041214 AC 150/5370-10G 7/21/2014 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 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 FYV Airfield Pavement Marking Rehabilitation GP -36 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -37 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -38 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -39 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -40 17041214 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. FYV Airfield Pavement Marking Rehabilitation GP -41 17041214 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. If. 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. 9. 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 fi"'� one (1) copy of all manufacturers warranties specified for materials, equipment, and installations. b. Complete final cleanup in accordance with subsection 40-08, FINAL CLEANUP. c. Complete all punch list items identified during the Final Inspection. d. Provide complete release of all claims for labor and material arising out of the Contract. e. When applicable per state requirements, return copies of sales tax completion forms. END OF SECTION 90 FYV Airfield Pavement Marking Rehabilitation GP -42 17041214 AC 150/5370-10G 7/21/2014 SECTION NOT USED. SECTION 100 CONTRACTOR QUALITY CONTROL PROGRAM END OF SECTION 100 FYV Airfield Pavement Marking Rehabilitation GP -43 17041214 AC 150/5370-10G r Itelill•1k'& 1114aT•i3niYJ_A1L•1Z 105-1 DESCRIPTION. This item shall consist of work and operations, but is not limited to, work and operations necessary for the movement of personnel, equipment, material and supplies to and from the project site for work on the project except as provided in the contract as separate pay items. 105-1.1 POSTED NOTICES. Prior to commencement of construction activities the Contractor must post the following documents in a prominent and accessible place where they may be easily viewed by all employees of the prime Contractor and by all employees of subcontractors engaged by the prime Contractor: Equal Employment Opportunity (EEO) Poster "Equal Employment Opportunity is the Law" in accordance with the Office of Federal Contract Compliance Programs Executive Order 11246, as amended; Davis Bacon Wage Poster (WH 1321) - DOL "Notice to All Employees" Poster; and Applicable Davis -Bacon Wage Rate Determination. These notices must remain posted until final. acceptance of the work by the Owner. 105-2 BASIS OF MEASUREMENT AND PAYMENT. Based upon the contract lump sum price for "Mobilization" partial payments will be allowed as follows: a. With first pay request, 25%. b. When 25% or more of the original contract is earned, an additional 25%. c. When 50% or more of the original contract is earned, an additional 40%. d. After Final Inspection, Staging area clean-up and delivery of all Project Closeout materials as required by 90-11, the final 10%. END OF SECTION 105 FYV Airfield Pavement Marking Rehabilitation GP -45 17041214 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 FYV Airfield Pavement Marking Rehabilitation GP -47 17041214 A. B N SPECIAL PROVISIONS 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 Work Hours FYV Airfield Pavement Marking Rehabilitation SP -1 17041214 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 contractors 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. FYV Airfield Pavement Marking Rehabilitation SP -3 17041214 5. Sanctions for Noncompliance: In the event of a contractors 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 III 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); FYV Airfield Pavement Marking Rehabilitation SP -4 17041214 1 • 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. FYV Airfield Pavement Marking Rehabilitation SP -5 17041214 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. FYV Airfield Pavement Marking Rehabilitation SP -7 17041214 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 2010 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 insured's completed Work equivalent to that provided under ISO form CG 00 01. C-01.3 Commercial Auto and Umbrella Liability Insurance: Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired and non -owned autos). Commercial auto coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA 00 01. If the Contract Documents require Contractor to remove and haul hazardous waste from the Project site, or if the Project involves such similar environmental exposure, pollution liability coverage equivalent to that provided under the ISO Pollution Liability -Broadened Coverage for Covered Autos Endorsement (CA 99 48) shall be provided, and the Motor Carrier Act Endorsement (MCS 90) shall be attached. FYV Airfield Pavement Marking Rehabilitation SP -9 17041214 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-contribWM: 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. FYV Airfield Pavement Marking Rehabilitation SP -10 17041214 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 FYV Airfield Pavement Marking Rehabilitation SP -11 17041214 C-01.10 Sample Certificate of Liability Insurance: ace CERTIFICATE OF LIABILITY INSURANCE DATE (MM DD YYW) (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 endorsemerd(s). PRODUCER Agency Name CONTACT NAME: Agency Contact PHONE A enc ph# FAX a Ne: Agency Address E.NAIL ADDRESS: Agency contact email address A GENERAL LIABILITY INSURERS AFFORDING COVERAGE NAICO INSURER A: Carrier Name (AM Best Rating) INSURER B: www.stephens.com INSURED Named Insured on the policies INSURER C: INSURER D: INSURER E: X 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 POLICY NUMBER MMIDD LICY EFF MP�LIDCDY EXP UNITS A GENERAL LIABILITY EACH OCCURRENCE $ 5,000,ODD ✓ COMMERCIAL GENERAL LIABILITY X X X%DOOO1XXXX RI NTED 300,000 a e S CLAIMS -MADE OOCCUR MED EXP one person) $ ! 10,000 PERSONAL 8 ADV INJURY $ ( 1,000,000 GENERAL AGGREGATE $ l 5000.000 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 15 000:00 _� POLICY I ✓ PRO, LOC $ AUTOMOBILE ✓ LIABILITY ANYAUTO X X XXXXXXXXXXX COMBEBIINEII)SINGLE LIMIT E 1000000 BODILY INJURY (Per person) S ✓ ALL OWNED SCHEDULED AUTOS AUTOS N -ED HIREDAUTOS UALOrIT40as"N BODILY INJURY (Per acciCent) S PROPERTY Y DAMAGE $ S S ✓ UMBRELLA UAB✓ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE X X X0000000000( Umbrella / Excess only if needed to meet the required underlying General Liability Ifirrift- AGGREGATE $ DED RETENTION $ )OO= s $ $ _ _ _ _ WORKERS COMPENSATION AND EMPLOYERS' UABILITY ANY PROPRIETORIPARTNERIDLECLITIVEa OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N 1 A X XX OOOO(XXXX IAC SfATLL C7�1- TORY LIMITS E.L. EACH ACCIDENT $ 500,006 E.L. DISEASE- EA EMPLOYEE $ 1 500,006 If yn, describe under DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMB S I 500,000 )0000000000( DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101. Additional Remarks Schedule, B more space is required) h`General Liability and 4CA2D48 on the Autom Owner &Garver, LLC eh'all b'e in'dU-did as an Additional Insured by endorsement #CG2010(1 t/85) on te and Umbrella or substitute endorsement providing equivalent coverage. Coverage shall be Primary and non-contributory with respect to any other Insur or 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 all policies. 60 day notice wig 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 Owner end Garver LLC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (must be signed by the C,. ..... ador s Insurance Age ) Dile ince ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (20155) The ACORD name and logo are registered marks of ACORD CHR? NO.: 15475674 Kathy Jonee 2/11/2013 30:58:41 AN Page 1 of 1 FYV Airfield Pavement Marking Rehabilitation SP -12 17041214 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. FYV Airfield Pavement Marking Rehabilitation SP -13 17041214 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. The Contractor agrees that for each additional runway closure beyond the one (1) runway closure herein agreed upon, the Owner may withhold, permanently, from the Contractor's total compensation, an additional One Thousand Dollars ($1,00.00) as stipulated damages for each additional runway closure required to complete work associated with Phase C of construction. Additional runway closures shall be completed between the hours of 06:00 and 20:00. 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 FYV Airfield Pavement Marking Rehabilitation SP -14 17041214 1 If, however, it appears that the Contractor is delayed by conditions of weather, outside of normal weather-related events detailed in the proceeding table, extensions of time may be granted. 3. Should the work under the Contract be delayed by other causes which could not have been prevented or contemplated by the Contractor, and which are beyond the Contractor's power to prevent or remedy, an extension of time may be granted. Such causes of delay shall include but not necessarily be limited to the following: a. Acts of God, acts of the public enemy, acts of the Owner except as provided in these Specifications, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. b. Any delays of Subcontractors or suppliers occasioned by any of the causes specified above. The Engineer or other authorized representative of the Owner shall keep a written record sufficient for determination as to the inclusion of that day in the computation of Contract time. This record shall be available for examination by the Contractor during normal hours of work as soon as feasible after the first of each construction month. In case of disagreement between the representative of the Owner and the 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 Contractors 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 Contractors payments. C-08 QUALITY ASSURANCE/MATERIALS TESTING The Owner shall be responsible for quality assurance testing as stated in theses specifications; however, the Contractor shall be responsible for payment of any subsequent tests made necessary by previous 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 Contractors payment. The Contractor shall pay for additional testing at the Owner's contract rate. FYV Airfield Pavement Marking Rehabilitation SP -15 17041214 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 bome 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. FYV Airfield Pavement Marking Rehabilitation SP -16 17041214 1 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 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 FYV Airfield Pavement Marking Rehabilitation SP -17 17041214 RELEASE 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. Subscribed and sworn to before me this Contractor's Signature Title day of , 20 Notary Public My Commission Expires: FYV Airfield Pavement Marking Rehabilitation SP -19 17041214 X61►III II:Ltet to] Z 4-11 a aII7_\Tlfli FROM: Contractor's Name Address TO: Owner's Name Address 1B7NMOI&RIONN, I I:7_[olI 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 , 20 Notary Public My Commission Expires: The Surety Company consents to the release of the retained percentage on this project with the understanding that should any unforeseen contingencies arise having a right of action on the bond that the Surety Company will not waive liability through the consent to the release of the retained percentage. Dated By Surety Company Resident Agent, State of Project FYV Airfield Pavement Marking Rehabilitation SP -21 17041214 ITEM SS -101 SAFETY PLAN COMPLIANCE DOCUMENT (SPCD) DESCRIPTION 101-1.1 The Contractor shall thoroughly review the approved Construction Safety and Phasing Plan (CSPP) and shall comply with approved CSPP. The Contractor shall certify such compliance by completing the attached SPCD and submitting to the Engineer for approval. FYV Airfield Pavement Marking Rehabilitation SS -101-1 17041214 Contractor Safety Plan Compliance Documents Owner Name: City of Fayetteville Airport: Fayetteville — Drake Field (FYV) Project Description: FYY Airfield Pavement Marking Rehabilitation Contractor: Each item listed below corresponds to a specific section of the approved CSPP. The Contractor shall certify that he/she will comply with each section of the approved CSPP. Each certified section with a "no" response must be fully explained in an attachment to the SPCD. The document shall be signed and dated by a principle or owner in the Contractor's company. All other requested information shall be completed by the Contractor and submitted to the Engineer for approval as part of the SPCD. 1. Section 1 - Correspondence: This project shall be completed in accordance with Section 1 "Coordination" of the approved Construction Safety Plan Compliance Document. Owner: City of Fayetteville Contact: Summer Fallen Phone: 479-718-7642 Engineer: Garver Project Manager: Adam White Phone: 479-527-9100 Project Engineer: Ben Perea Phone: 479-527-9100 Construction Observer: Phone: Materials Testing: Phone: Contractor: Project Manager: Phone: Superintendent: Phone: Subcontractors: Phone: Yes No 2. Section 2 - Phasing: This project shall be completed in accordance with Section 2 "Phasing" of the approved Construction Safety Plan Compliance Document. Yes No 3. Section 3 — Areas of Operations Affected by Construction Activity: This project shall be completed in accordance with Section 3 "Areas of Operations Affected by Construction Activity" of the approved Construction Safety Plan Compliance Document. Yes No FYV Airfield Pavement Marking Rehabilitation SS -101-3 17041214 4. Section 4 — Protection of Navigational Aids (NAVAIDS): This project shall be completed in accordance with Section 4 "Protection of Navigational Aids (NAVAIDS)" of the approved Construction Safety Plan Compliance Document. Yes No 5. Section 5 — Contractor Access: This project shall be completed in accordance with Section 5 "Contractor Access" of the approved Construction Safety Plan Compliance Document. No 6. Section 6 — Wildlife Management: This project shall be completed in accordance with Section 6 "Wildlife Management" of the approved Construction Safety Plan Compliance Document. Yes No 7. Section 7 — Foreign Object Debris (FOD) Management: This project shall be completed in accordance with Section 7 "Foreign Object Debris (FOD) Management' of the approved Construction Safety Plan Compliance Document. Yes No 8. Section 8 — Hazardous Materials (HAZMAT) Management: This project shall be completed in accordance with Section 8 "Hazardous Materials (HAZMAT) Management" of the approved Construction Safety Plan Compliance Document. Yes No 9. Section 9 — Notification of Construction Activities: This project shall be completed in accordance with Section 9 "Notification of Construction Activities" of the approved Construction Safety Plan Compliance Document. Yes No 10. Section 10 — Inspection Requirements: This project shall be completed in accordance with Section 10 "Inspection Requirements" of the approved Construction Safety Plan Compliance Document. Yes No 11. Section 11 — Underground Utilities: This project shall be completed in accordance with Section 11 "Underground Utilities" of the approved Construction Safety Plan Compliance Document. Yes No 12. Section 12 — Penalties: This project shall be completed in accordance with Section 12 "Penalties" of the approved Construction Safety Plan Compliance Document. Yes No 13. Section 13 — Special Conditions: This project shall be completed in accordance with Section 13 "Special Conditions" of the approved Construction Safety Plan Compliance Document. Yes No FYV Airfield Pavement Marking Rehabilitation SS -101-4 17041214 14. Section 14 — Runway and Taxiway Visual Aids: This project shall be completed in accordance with 14 "Runway and Taxiway Visual Aids" of the approved Construction Safety Plan Compliance Document. Yes No 15. Section 15 — Marking and Signs for Access Routes: This project shall be completed in accordance with Section 15 "Marking and Signs for Access Routes" of the approved Construction Safety Plan Compliance Document. Yes No 16. Section 16 — Hazard Marking and Lighting: This project shall be completed in accordance with Section 16 "Hazard Marking and Lighting" of the approved Construction Safety Plan Compliance Document. Yes No 17. Section 17 — Protection of Safety Areas, Object Free Areas, Object Free Zones, and Approach / Departure Surfaces: This project shall be completed in accordance with Section 17 "Protection of Safety Areas, Object Free Areas, Object Free Zones, and Approach / Departure Surfaces" of the approved Construction Safety Plan Compliance Document. Yes No. 18. Section 18 — Other Limitations on Construction: This project shall be completed in accordance with Section 18 "Other Limitations on Construction" of the approved Construction Safety Plan Compliance Document. Yes I certify that, for the project identified herein, the responses to the foregoing items are correct as marked, and that I shall comply with the approved Construction Safety and Plan. Signed: Date: Contractor's Authorized Representative Print Name and Title of Contractor's Representative END OF ITEM SS -101 FYV Airfield Pavement Marking Rehabilitation SS -101-5 17041214 ITEM SS -120 SITE PREPARATION DESCRIPTION 120-1.1 This item covers the preparation of the site for construction of the proposed improvements. The attention of the bidder is directed to the necessity for careful examination of the entire project site to determine, at the time of bid preparation, the full extent of work to be done under the item "Site Preparation." The entire job site shall be cleared of all man-made obstructions and debris, of whatever nature, and made ready in all respects for the construction of the proposed improvements. The item "Site Preparation" shall include: 1. Mobilization 2. Lighted Barricades and Closed Taxiway and Runway Markings 3. Contractor's Staging Areas 4. Airport Security Requirements 5. Airport Safety Requirements 6. Water Access 7. Clean Up CONSTRUCTION METHODS 120-2.1 MOBILIZATION. The Contractor shall consider and include his cost for providing personnel, equipment, materials, bonds, etc. required for the prosecution of the work under this item. 120-2.2 LIGHTED BARRICADES AND CLOSED TAXIWAY AND RUNWAY MARKINGS. The Contractor shall furnish, install, maintain, and remove closed taxiway and runway markings and lighted barricades in accordance with details on the plans and as directed by the Engineer. The closed runway and taxiway markers shall be aviation yellow, nylon -reinforced vinyl. The markers shall be secured to the pavement/ground as shown on the plans and as directed by the Engineer. The lighted barricades shall be constructed and installed as shown on the plans. All lighted barricades and closed taxiway and runway markings shall be constructed in accordance with AC 150/5370-2F Operational Safety on Airports During Construction. All work involved in the furnishing, installation, maintenance, and removal of lighted barricades, barrels and closed runway and taxiway markings will not be measured for separate payment, but will be considered subsidiary to the bid item "Mobilization." 120-2.3 CONTRACTOR'S STAGING AREAS. The areas designated in the plans or by the Engineer as the Contractors staging area shall be cleared and graded by the Contractor as needed for use by the Contractor in constructing the work on this project. All areas used or otherwise occupied by the Contractor for his operations shall be cleaned, regraded, and seeded, as directed by the Engineer, prior to the final acceptance of the project by the Airport. All work involved in the preparation and restoration of areas used or occupied by the Contractor, including clearing, grubbing, regrading, seeding, and installing and removing fence, will not be measured for separate payment but will be considered subsidiary to the bid item "Mobilization." 120-2.4 AIRPORT SECURITY REQUIREMENTS. The Contractor shall abide by the Airport Security requirements that are outlined in the Construction Safety and Phasing Plan (CSPP) of the plans. Any costs associated with the Airport Security requirements will not be measured for separate payment but will be considered subsidiary to the bid item "Mobilization." FYV Airfield Pavement Marking Rehabilitation SS -120-1 17041214 120-2.5 AIRPORT SAFETY REQUIREMENTS. The Contractor shall abide by the Airport Safety requirements that are outlined in the Construction Safety and Phasing Plan (CSPP) of the plans. All costs associated with the Airport Safety requirements will not be measured for separate payment but will be considered subsidiary to the bid item "Mobilization." 120-2.6 WATER ACCESS. Prior to construction, the Contractor will be notified of specific fire hydrants that may be utilized for access to water during construction. The Contractor will be required to obtain a water meter for use with the selected hydrants. All costs associated with the water access will not be measured for separate payment but will be considered subsidiary to the bid item "Mobilization." 120-2.7 CLEAN UP. From time to time, the Contractor shall clean up the site in order that the site presents a neat appearance and that the progress of work will not be impeded. One such clean up shall immediately precede final inspection. Immediately following acceptance of the work by the Owner, the Contractor shall remove all temporary equipment, surplus materials, and debris resulting from his operations, and leave the site in a condition fully acceptable to the Owner. MEASUREMENT AND PAYMENT 120-3.1 Site preparation will not be measured separately, but shall be considered subsidiary to the bid item for "Mobilization." END OF ITEM SS -120 FYV Airfield Pavement Marking Rehabilitation SS -120-2 17041214 AC 150/5370-10G 7/21/2014 ITEM P-620 RUNWAY AND TAXIWAY PAINTING DESCRIPTION 620-1.1 This item shall consist of the preparation and painting of numbers, markings, and stripes on the surface of runways, taxiways, and aprons, in accordance with these specifications and at the locations shown on the plans, or as directed by the Engineer. The terms "paint" and "marking material" as well as "painting" and "application of markings" are interchangeable throughout this specification. MATERIALS 620-2.1 MATERIALS ACCEPTANCE. The Contractor shall furnish manufacturer's certified test reports for materials shipped to the project. The certified test reports shall include a statement that the materials meet the specification requirements. The reports can be used for material acceptance or the Engineer may perform verification testing. The reports shall not be interpreted as a basis for payment. The Contractor shall notify the Engineer upon arrival of a shipment of materials to the site. All material shall arrive in sealed containers 55 gallons or smaller for inspection by the Engineer. Material shall not be loaded into the equipment until inspected by the Engineer. 620-2.2 MARKING MATERIALS. Paint shall be waterborne in accordance with the requirements of paragraph 620-2.2a. Paint shall be furnished in Yellow (33538 or 33655), Red (31136), White (37925), and Black (37038) in accordance with Federal Standard No. 595. a. WATERBORNE. Paint shall meet the requirements of Federal Specification TT -P-1 952E, Type I. 620-2.3 REFLECTIVE MEDIA. Glass beads shall meet the requirements for Federal Specification TT -B -1325D, Type III, Gradation A. Glass beads shall be treated with all compatible coupling agents recommended by the manufacturers of the paint and reflective media to ensure adhesion and embedment. Paint Color Glass Beads, Type I, Gradation A Glass Beads, Type III Glass Beads, Type IV White See Table 1. See Table 1 See Table 1 Yellow See Table 1. See Table 1 See Table 1 Red See Table 1 and Note Not used See Table 1 and Note Black Not used Not used See Table 1 and Note CONSTRUCTION METHODS 620-3.1 WEATHER LIMITATIONS. The painting shall be performed only when the surface is dry and when the surface temperature is at least 45°F and rising and the pavement surface temperature is at least 5°F above the dew point or meets the manufacturer's recommendations. Painting operations shall be discontinued when the surface temperature exceeds the paint manufacturer's recommendations. Markings shall not be applied when the wind speed exceeds 10 mph unless windscreens are used to shroud the material guns. 620-3.2 EQUIPMENT. Equipment shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine, a bead dispensing machine, and such auxiliary hand -painting equipment as may be necessary to satisfactorily complete the job. Hand spreading of reflective media will not be permitted. The mechanical marker shall be an atomizing spray -type or airless -type marking machine suitable for application of traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall apply markings of uniform cross-sections and clear-cut edges without running or spattering and without over spray. FYV Airfield Pavement Marking Rehabilitation P-620-1 17041214 AC 150/5370-10G 7/21/2014 620-3.3 PREPARATION OF SURFACE. Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, laitance, or other foreign material that would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by waterblasting, sandblasting, or by other methods approved by the Engineer as required to remove all contaminants without damage to the pavement surface. Use of any chemicals or impact abrasives during surface preparation shall be approved in advance by the Engineer. After the cleaning operations, sweeping, blowing, or rinsing with pressurized water shall be performed to ensure the surface is clean and free of grit or other debris left from the cleaning process. Prior to the application of any markings, the Contractor shall certify in writing that the surface has been prepared in accordance with the paint manufacturer's requirements, that the application equipment is appropriate for the type of marking paint and that environmental conditions are appropriate for the material being applied. This certification along with a copy of the paint manufacturer's surface preparation and application requirements must be submitted and approved by the Engineer prior to the initial application of markings. 620-3.4 LAYOUT OF MARKINGS. The proposed markings shall be laid out in advance of the paint application. The IGGations of Fna Fk*nne. +e Fe e e glass beadle shall he sheiun en the plans Glass beads shall be applied to all final reflective pavement markings. 620-3.5 APPLICATION. Paint shall be applied at the locations and to the dimensions and spacing shown on the plans. Paint shall not be applied until the layout and condition of the surface has been approved by the Engineer. The edges of the markings shall not vary from a straight line more than 1/2 inch in 50 feet, and marking dimensions and spacings shall be within the following tolerances: Dimension and Spacing Tolerance 36 inch or less ±1/2 inch greater than 36 inch to 6 feet ±1 inch greater than 6 feet to 60 feet ±2 inch greater than 60 feet ±3 inch The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine at the rate shown in Table 1. The addition of thinner will not be permitted. Prior to the initial application of markings, the Contractor shall certify in writing that the surface has been prepared in accordance with the paint manufacturer's requirements, that the application equipment is appropriate for the marking paint and that environmental conditions are appropriate for the material being applied. This certification along with a copy of the paint manufactures application and surface preparation requirements must be submitted to the Engineer prior to the initial application of markings. 620-3.6 TEST STRIP. Prior to the full application of airfield markings, the Contractor shall produce a test strip in the presence of the Engineer. The test strip shall include the application of a minimum of 5 gallons of paint and application of 35 lbs of Type 1/50 lbs of Type III glass beads. The test strip shall be used to establish thickness/darkness standard for all markings. The test strip shall cover no more than the maximum area prescribed in Table 1 (e.g., for 5 gallons of waterborne paint shall cover no more than 575 square feet). FYV Airfield Pavement Marking Rehabilitation P-620-2 17041214 AC 150/5370-10G 7/21/2014 TABLE 1. APPLICATION RATES FOR PAINT AND GLASS BEADS Note: Type III beads shall not be applied to Red or Pink paint. Glass beads shall be distributed upon the marked areas to receive glass beads immediately after application of the paint. A dispenser shall be furnished that is properly designed for attachment to the marking machine and suitable for dispensing glass beads. Glass beads shall be applied at the rate shown in Table 1. Glass beads shall not be applied to black paint or green paint. Glass beads shall adhere to the cured paint or all marking operations shall cease until corrections are made. Different bead types shall not be mixed. Regular monitoring of glass bead embedment should be performed. Hand spreading of reflective media will not be permitted. All emptied containers shall be returned to the paint storage area for checking by the Engineer. The containers shall not be removed from the airport or destroyed until authorized by the Engineer. ��.� rsrr. •rr. izrr r�rr�erf . _ . - ..... .. Paint Glass Beads, Type 1, Gradation A Glass Beads, Glass Beads, Type III Type IV Paint Type Square feet per Pounds per gallon Pounds per gallon Pounds per gallon gallon, ft2/gal of paint—Ib./gal. of paint—lb./gal. of paint—Ib./gal. Waterborne 115 ftz/gal 7 Ib./gal. 10 Ib./gal. Type I or II maximum minimum minimum -- Note: Type III beads shall not be applied to Red or Pink paint. Glass beads shall be distributed upon the marked areas to receive glass beads immediately after application of the paint. A dispenser shall be furnished that is properly designed for attachment to the marking machine and suitable for dispensing glass beads. Glass beads shall be applied at the rate shown in Table 1. Glass beads shall not be applied to black paint or green paint. Glass beads shall adhere to the cured paint or all marking operations shall cease until corrections are made. Different bead types shall not be mixed. Regular monitoring of glass bead embedment should be performed. Hand spreading of reflective media will not be permitted. All emptied containers shall be returned to the paint storage area for checking by the Engineer. The containers shall not be removed from the airport or destroyed until authorized by the Engineer. ��.� rsrr. •rr. izrr r�rr�erf . _ . - ..... .. .. _ .. .. .. . . . . . .. .. 620-3.8 PROTECTION AND CLEANUP. After application of the markings, all markings shall be protected from damage until dry. All surfaces shall be protected from excess moisture and/or rain and from disfiguration by spatter, splashes, spillage, or drippings. The Contractor shall remove from the work area all debris, waste, loose or unadhered reflective media, and by-products generated by the surface preparation and application operations to the satisfaction of the Engineer. The Contractor shall dispose of these wastes in strict compliance with all applicable state, local, and Federal environmental statutes and regulations. 620-3.9 REMOVAL OF EXISTING MARKINGS. The existing pavement markings shown on the plans to be removed shall be removed without damaging the existing pavement. The markings shall be removed through the use of sand blasting, grinding, or other methods approved by the Engineer before removal operations begin. For areas to be repainted, the existing painted surface shall be cleaned by high-pressure water blasting or sand blasting, as required, to remove all foreign material which would reduce the bond between the new paint and the old paint. FYV Airfield Pavement Marking Rehabilitation P-620-3 17041214 AC 150/5370-10G 7/21/2014 METHOD OF MEASUREMENT 620-4.1 The quantity of runway and taxiway markings to be paid for shall be the number of square feet of painting with or without reflective media performed in accordance with the specifications and accepted by the Engineer. 620-4.2 Pavement marking removal shall be measured by number of square feet of markings removed in accordance with the specifications and accepted by the Engineer. BASIS OF PAYMENT 620-5.1 Payment shall be made at the respective contract price per square foot for runway and taxiway painting, with or without reflective media. This price shall be full compensation for furnishing all materials, including reflective media, and for all labor, equipment, tools, and incidentals necessary to complete the item. 620-5.2 Payment shall be made at the contract unit price per square foot for paint removal. The price shall be full compensation for furnishing all materials and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Item P-620-5.1 a Runway and Taxiway Painting (Reflective) — per Square Foot Item P-620-5.1 b Runway and Taxiway Painting (Non -Reflective) — per Square Foot Item P-620-5.2 Pavement Marking Removal — per Square Foot TESTING REQUIREMENTS ASTM C371 Standard Test Method for Wire -Cloth Sieve Analysis of Nonplastic Ceramic Powders ASTM D92 Standard Test Method for Flash and Fire Points by Cleveland Open Cup Tester ASTM D711 Standard Test Method for No -Pick -Up Time of Traffic Paint ASTM D968 Standard Test Methods for Abrasion Resistance of Organic Coatings by Falling Abrasive ASTM D1652 Standard Test Method for Epoxy Content of Epoxy Resins ASTM D2074 Standard Test Method for Total, Primary, Secondary, and Tertiary Amine Values of Fatty Amines by Alternative Indicator Method ASTM D2240 Standard Test Method for Rubber Property - Durometer Hardness ASTM D7585 Standard Practice for Evaluating Retroreflective Pavement Markings Using Portable Hand -Operated Instruments ASTM E1710 Standard Test Method for Measurement of Retroreflective Pavement Marking Materials with CEN -Prescribed Geometry Using a Portable Retroreflectometer FYV Airfield Pavement Marking Rehabilitation P-620-4 17041214 AC 150/5370-10G 7/21/2014 ASTM E2302 Standard Test Method for Measurement of the Luminance Coefficient Under Diffuse Illumination of Pavement Marking Materials Using a Portable Reflectometer ASTM G154 Standard Practice for Operating Fluorescent Ultraviolet (UV) Lamp Apparatus for Exposure of Nonmetallic Materials MATERIAL REQUIREMENTS ASTM D476 Standard Classification for Dry Pigmentary Titanium Dioxide Products 40 CFR Part 60, Appendix A-7, Method 24 Determination of volatile matter content, water content, density, volume solids, and weight solids of surface coatings 29 CFR Part 1910.1200 Hazard Communication FED SPEC TT -B -1325D Beads (Glass Spheres) Retro -Reflective American Association of State Highway and Transportation Officials (AASHTO) M247 Standard Specification for Glass Beads Used in Pavement Markings FED SPEC TT -P -1952E Paint, Traffic and Airfield Marking, Waterborne Commercial Item Description A -A-288613 Paint, Traffic, Solvent Based FED STD 595 Colors used in Government Procurement AC 150/5340-1 Standards for Airport Markings END OF ITEM P-620 FYV Airfield Pavement Marking Rehabilitation P-620-5 17041214 GARVER