Addendum No. 1 DKX Reroof - Issued 2-10-2025.pdf

Addendum No. 1

Project: Metropolitan Knoxville Airport Authority

KNOXVILLE DOWNTOWN ISLAND AIRPORT

Project No.: 097301 February 10, 2025

REROOF MUSEUM HANGAR AND REROOF OF MAINTENANCE BUILDING

SEPARATE BID ITEM NO. 1: REROOF MUSEUM HANGAR

SEPARATE BID ITEM NO. 2: REROOF OF MAINTENANCE BUILDING

The following addendum items modify, change, delete from or add to, the requirements of the contract documents for the above referenced projects. The articles contained in the addendum take precedence over the requirements of the previously published contract documents. Where any article of the contract specifications or any detail of the contract drawings is modified or any paragraph, subparagraph or clause thereof is modified or deleted by the articles contained in this addendum, the unaltered provisions of that article, paragraph, subparagraph, or clause shall remain in effect.

GENERAL

Pre-Bid Conference Information to Bidders

A Pre-Bid Conference will be held at 2:00 PM local time, Tuesday, February 11, 2025, at the KNOXVILLE DOWNTOWN ISLAND AIRPORT (DKX), Airport Administration Conference Room (Terminal Building), 2701 Spence Place, Knoxville, TN 37920.

A site visit of the Work areas will ensue following the meeting for those interested Bidders.

ITEM NO. 1 – Issue and/or Reissue Part IV General Provisions

Issue Part IV. General Provision to the Contract as part of the Addendum No. 1. See attachment for Part IV. General Provisions. These Addendum No. 1 General Provisions supersede all other General Provisions.

Attachments: Part IV. General Provision dated Addendum No. 1 - 02-10-2025 to the Contract.

END ADDENDUM NO. 1

Metropolitan Knoxville Airport Authority Knoxville Downtown Island Airport (DKX)

REROOF MUSEUM HANGAR AND REROOF OF MAINTENANCE BUILDING

ADDENDUM NO. 1 – ISSUED FEBRUARY 10, 2025

GENERAL PROVISIONS

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IV. GENERAL PROVISIONS

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ADDENDUM NO. 1 – ISSUED FEBRUARY 10, 2025

GENERAL PROVISIONS

Table of Contents

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TABLE OF CONTENTS – GENERAL PROVISIONS

SECTIONS

Section 10 - Definition of Terms ............................................................................................. 10-1 Section 20 - Evaluation of Submitted Bid Proposals Accepted ................................................ 20-9 Section 30 - Award and Execution of Contract ...................................................................... 30-13 Section 40 - Scope of Work .................................................................................................. 40-15 Section 50 - Control of Work ................................................................................................ 50-17 Section 60 - Control of Materials .......................................................................................... 60-21 Section 70 - Legal Regulations and Responsibility to Public....................................................70-23

17.21 Insurance Requirements

Section 80 – Execution and Progress .....................................................................................80-33 Section 90 - Measurement and Payment .............................................................................. 90-43

FORMS

Form at the end of Section 20 - Evaluation of Submitted Bid Proposals Accepted Measure and Payment

1. NOTICE-OF-INTENT TO AWARD CONTRACT

Separate Bid Item No. 1: Reroof Museum Hangar if funds are available TO AWARD Separate Bid Item No, 2 Reroof Maintenance Building

Form at the end of Section 80 - Execution and Progress

1. NOTICE-OF-PROCEED - SEPARATE BID ITEM NO. 1: REROOF MUSEUM HANGAR

2. NOTICE-TO-PROCEED - SEPARATE BID ITEM NO. 2: REROOF MAINTENANCE BUILDING

Forms at the end of Section 90 - Measure and Payment

1. AFFIDAVIT OF FINAL PAYMENT

2. AFFIDAVIT OF RELEASE OF LIENS

3. CONSENT OF SURETY – For Final Payment

4. CONTRACTOR WARRANTY FORM

5. FINAL WAIVER OF LIENS

Note: The Provisions of the General Provision do not supersede any requirements elsewhere in the Contract Documents, i.e., Advertisement for Bid, Instructions to Bidders, Bid Proposal Form, Price and Attachments, Contract and Attachments, General Provisions, Technical Specifications, Appendices, Plans and Drawings, and Addenda. The Contract shall be required to coordinate the requirements of the General Provision to 100-percent complete the Project in accordance with the entirety of the Contract Documents.

REROOF MUSEUM HANGAR AND REROOF OF MAINTENANCE BUILDING

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GENERAL PROVISIONS

Table of Contents

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GENERAL PROVISIONS

Section 10 Definition of Terms

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General Provisions

Section 10 Definition of Terms

When 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 defined as follows:

Paragraph Number

Term Definition

10-01 Advertisement A public announcement, as required by local law, inviting proposals and/or bids for work to be performed and materials to be furnished.

10-02 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; airport buildings and facilities located in any of these areas, and a heliport.

10-04 ASTM International

(ASTM)

Formerly known as the American Society for Testing and Materials (ASTM).

10-05 Award The Owner’s notice to the successful proposer/bidder of the acceptance of the submitted bid.

10-06 Bidder/Proposer Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated.

10-08 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.

10-09 Calendar Day Every day shown on the calendar.

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Section 10 Definition of Terms

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Paragraph Number

Term Definition

10-10 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 work within the scope of the contract and necessary to complete the project

10-11 Construction Change Directive

A written agreement between the Contractor and the Owner that establishes the basis of payment and contract time adjustment, if any, for the work affected as indicated in the Construction Change Directive

10-12 Contract A written agreement between the Owner and the Contractor that establishes the obligations of the parties including but not limited to performance of work, furnishing of labor, equipment and materials and the basis of payment.

The awarded contract includes but may not be limited to:

Advertisement, Proposal Form, Proposal, Performance Bond, Payment Bond, General Provisions, certifications and representations, Technical Specifications, Plans, Supplemental Provisions, standards incorporated by reference, addenda, and any or all or the items proposal by the Bidder/Proposal in his/her Proposal Submittal consisting of the Proposal Forms, Pricing Schedule and Attachments, and the Qualifications and Technical Proposal

10-13 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.

10-14 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.

10-15 DKX The Federal Aviation Administration’s call code for

KNOXVILLE DOWNTOWN ISLAND AIRPORT.

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Section 10 Definition of Terms

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Paragraph Number

Term Definition

10-16 Equipment All machinery, together with the necessary supplies for upkeep and maintenance; and all tools and apparatus necessary for the proper construction and acceptable completion of the work.

10-17 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 Owner’s Representative to be necessary to complete the work within the intended scope of the contract as previously modified.

10-18 FAA An acronym or abbreviation for Federal Aviation Administration

10-19 Force Account a. Contract Force Account - A method of payment that addresses extra work performed by the Contractor on a time and material basis typically issued as a Construction Change Directive

b. Owner Force Account - Work performed for the project by the Owner's employees.

10-20 Intent-to-Award After the reviews, evaluation, interviews, and scoring of the Proposal Evaluation Matrix, the Proposal receiving the most total points will be judged, and determined to be the most responsible and responsive Proposal, offering the best benefit and value to MKAA. Following this determination, the Owner will issue an Intent-to-Award to the Successful Proposer/Bidder. It will be accompanied by the required number of unsigned counterparts of the Agreement and all other required Contract Documents. Within fifteen (15) calendar days following the effective date of "Award", Contractor shall sign and deliver all executed counterparts of the Agreement to the Owner with all other Contract Documents including insurance certificates and executed bonds attached thereto.

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Section 10 Definition of Terms

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Paragraph Number

Term Definition

10-21 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 Owner’s Representative 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 Owner’s Representative subject in each case to the final determination of the Owner.

10-22 LED An acronym or abbreviation for Light Emitting Diode as an illumination source for a fixture or piece of equipment.

10-23 IT An acronym or abbreviation for Information Technology, or Information Technologies.

10-24 Liquidated Damages The sum specified in the contract and proposal as liquidated damages (LD) will be deducted from any money due or to become due the Contractor or their own surety.

10-25 Materials Any substance specified for use in the construction of the contract work.

10-26 MKAA An acronym or abbreviation for METROPOLITAN KNOXVILLE AIRPORT AUTHORITY, also referred to as Owner.

10-27 Notice-to-Proceed 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.

10-28 NTP An acronym or abbreviation for Notice-to-Proceed.

10-29 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. The Owner for this project is Metropolitan Knoxville Airport Authority.

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Section 10 Definition of Terms

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Paragraph Number

Term Definition

10-30 Owner’s Representative Also referred to as “Engineer” as a representative of CHA..

The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for inspection, and/or observation of the contract work and acting directly or through an authorized representative.

10-31 Payment bond The approved form of security furnished by the Contractor and their own 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.

10-32 Performance bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract.

10-33 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.

Plans may also be referred to as 'contract drawings.

10-34 Prime Contractor The term "Prime Contractor" means the entity submitting and signing a Proposal for consideration, and whom a Contract Agreement would be enter into with the Owner, if selected.

10-35 Project The agreed scope of work for accomplishing specific airport development with respect to a particular airport.

10-36 Bid Proposal Documents The term "Bid Proposal Documents" means these Advertisement to Bidders, Instructions to Bidders, the Bid Proposal Form, Price, Attachments, Contract and Attachments, General Provisions, Special Provisions, Technical and Supplemental Technical Specifications, Appendices, Plans and Drawings, Addenda and all ensuing referenced material issued by the Owner for the purpose of obtaining Proposals for all the Work.

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Section 10 Definition of Terms

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Paragraph Number

Term Definition

10-37 Proposal Guaranty Also referred to as Bid Bond, Proposal Security, etc. The security furnished with a Bid Proposal to guarantee that the bidder will enter into a contract if their own proposal is accepted by the Owner.

10-38 Proposal Request An Owner initiated process to request a proposal from the Contractor for additional Work, or changed conditions.

10-39 Quality Assurance (QA) Owner’s responsibility to assure that construction work completed complies with specifications for payment.

10-40 Quality Control (QC) Contractor’s responsibility to control material(s) and construction processes to complete construction in accordance with project specifications.

10-41 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.

10-42 Structures Airport facilities such as buildings, parking garages, 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; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein.

10-43 Substantial Completion General: Substantial Completion refers to the time and stage of a construction or building project or a designated portion of the project that is sufficiently complete, in accordance with the construction contract documents, so that the owner may use or occupy the building project or designated portion thereof for the intended purpose or use.

10-44 Superintendent The Contractor’s executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Owner, or Owner’s Representatives, and who shall supervise and direct the construction.

10-45 Supplemental Agreement See Construction Change Directive

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Section 10 Definition of Terms

REROOF MUSEUM HANGAR AND REROOF OF MAINTENANCE BUILDING 10-7

Paragraph Number

Term Definition

10-46 Supplemental Instructions Written instructions to the Contract form the Owner’s Representative providing information, instructions, or clarification for the Work, but not typical a changed condition to the Work.

10-47 Surety The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor.

10-48 TYS The Federal Aviation Administration’s call code for McGhee Tyson Airport.

10-49 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.

10-50 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

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Section 10 Definition of Terms

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GENERAL PROVISIONS

Section 20 Evaluation of Submitted Bid Proposals

REROOF MUSEUM HANGAR AND REROOF OF MAINTENANCE BUILDING 20-9

Section 20 Evaluation of Submitted Bid Proposals Accepted

20-01 Responsive and Responsible Bidder. A responsive bid conforms to all significant terms and conditions contained in the Owner’s Invitation for Bid. It is the Owner’s responsibility to decide if the exceptions, omission, and/or deviations taken by a bidder to the solicitation are material or not and the extent the Owner is willing and lawfully able to accept.

20-02 Determination to Consider a Submitted Bid Proposal as Responsible and Responsive. The Owner, representatives, and/or agents will initially review Proposals opened to verify, and investigate as required that the Bid Proposal meets compulsory requirements to warrant further review evaluation considerations.

The initial review will be based on the documents required and set forth in Article 15 - SUBMISSION OF RESPONSIBLE AND RESPONSIVE BID PROPOSALS in the Instructions to Bidders for the Bid Proposal Form, Price, and Attachments to the Bid Proposal Form.

Bidder submittal competency and actions that may cause the Owner to deem a bid proposal irregular and/or determine grounds for disqualification of a Bidder in accordance with Article 19 - IRREGULAR BID PROPOSALS and Article 20 - DISQUALIFICATION OF BIDDERS, respectfully, in the Instructions to Bidders.

20-03 Evidence of Financial Responsibly. After Bid Proposals are opened and prior to Award-of-Contract the Owner may ask for each bidder to furnish satisfactory evidence their financial responsibility. 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 their 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 they are prequalified with the State Highway Division and are on the current “bidder’s list” of the state in which the proposed work is located. Evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports specified above.

20-04 Pre-Award Interview Process. After the date and time for receipt of Proposals and before issuance of an Intent-to-Award to a Bidder, if may be determined by the Owner a formal interview process is required to finalize decision to determine the most responsible and responsive Proposer. Each Bidder is hereby given notice that an on-site, in-person interview or virtual interview with the Owner. Selected subcontractors and/or team members may be required by one, or more Bidders after the date and time for receipt of Bid Proposals and before issuance of an Intent-to-Award.

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Section 20 Evaluation of Submitted Bid Proposals

REROOF MUSEUM HANGAR AND REROOF OF MAINTENANCE BUILDING 20-10

The Notice of Intent-to-Award Form is at the end of Section 20 of the General Provisions.

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GENERAL PROVISIONS

Section 20 Evaluation of Submitted Bid Proposals

REROOF MUSEUM HANGAR AND REROOF OF MAINTENANCE BUILDING 20-11

NOTICE-OF-INTENT TO AWARD CONTRACT

DATE:

TO: Prime Contractor to be Determined

PROJECT:

The Owner has reviewed the Bidder’s submitted Bid Proposal for the Work in connection with the above-described Project in response to the Proposal and Contractor Documents, all as modified during the Proposal, and Bid Proposal Evaluation processes.

You are hereby notified that your Bid is being considered for acceptance for the Project for a total Price of:

SEPERATE BID ITEM NO. 1: REROOF MUSEUM HANGAR: Amount of $__________________________ USD subject to the availability funds.

SEPERATE BID ITEM NO. 2: REROOF Maintenance Building: Amount of $__________________________ USD subject to the availability funds.

(Check Bid Items to be Awarded)

You are required by the Instructions to Bidders and General Provisions to execute the enclosed copies of the Contract Agreement and Contract Documents and furnish the required Contractor’s Performance Bond, Payment Bond, evidence of all required insurance coverage and authority to execute plus satisfactory evidence of compliance with the Bid within fifteen (15) Calendar Days after the date of this Notice-of-Intent to Award Contract.

If you fail to execute said Contract Documents and to furnish said Bonds and other required documents and information within fifteen (15) Calendar Days after the date of this Notice of Intent to Award Contract, the Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this Notice of Intent-to-Award Contract to the Owner within five

(5) Calendar Days after the date hereof.

Dated this______________day of_____________________, 2025.

Owner: Metropolitan Knoxville Airport Authority

By:

(Name)

Title:

REROOF MUSEUM HANGAR AND REROOF OF MAINTENANCE BUILDING

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GENERAL PROVISIONS

Section 20 Evaluation of Submitted Bid Proposals

REROOF MUSEUM HANGAR AND REROOF OF MAINTENANCE BUILDING 20-12

ACCEPTANCE OF NOTICE

Receipt of the above Notice-of-Intent to Award Contract is hereby acknowledged by the undersigned this the day of ____ , 2025.

Contractor: Prime Contractor to be Determined.

By:________________________________________

(Name)

Title:

END OF NOTICE-OF-INTENT TO AWARD CONTRACT

END OF SECTION 20

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GENERAL PROVISIONS – PROVISIONS FOR GENERATOR DOCKING STATIONS AND RELATED IMPROVEMENTS Section 30 Award and Execution of Contract 30-13

Section 30 Award and Execution of Contract

30-01 Consideration of Proposals. After the Bid proposals are publicly acknowledged and read, they will be compared review and evaluated as indicated in Section 20 Evaluation of Submitted Bid Proposals Accepted to determine a Bidder to issue a Notice-of-Award.

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 Article 19 - IRREGULAR BID PROPOSALS in the Instructions to Proposers.

b. If the bidder is disqualified for any of the reasons specified in Article 20 - DISQUALIFICATION OF BIDDERS, respectfully, in the Instructions to Proposers

In addition, until the award of a contract is made, the Owner reserves the right to reject any or all bid 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.

30-02 Award of Contract. The award of a contract, if it is to be awarded, shall be made within 180 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein.

If the Owner elects to proceed with an award of contract, the Owner will make award to the responsible Bidder whose /bid, conforming with all the material terms and conditions of the Bid Proposal Documents, is in the best interest of MKAA.

30-03 Cancellation of Award. The Owner reserves the right to cancel the award without liability to the bidder, except return of Bid Guaranty/Bid Bond/Proposal Guaranty, as referred to as Bid Security, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with paragraph 30-07 Approval of Contract.

30-04 Return of Proposal Guaranty. The Bid Security of any Bidder whom the Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the seventh day after the "effective day of the Agreement" by Owner to Contractor and the required Bid Security and Insurance Certificates are furnished, or until the conclusion of the time period for withdrawal of bids specified in the “Advertisement for Bids” contained in these documents. Bid Security of other Bidders may be released within seven (7) days after the schedule receipt of Bid Proposals.

The successful bidder’s proposal guaranty will be returned as soon as the Owner receives the contract bonds as specified in paragraph 30-05, Requirements of Contract Bonds.

30-05 Requirements of Contract Bonds. Before the time of the execution of the contract, and within (15) fifteen consecutive calendar days after the Owner issues the Notice-to-Award 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

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GENERAL PROVISIONS – PROVISIONS FOR GENERATOR DOCKING STATIONS AND RELATED IMPROVEMENTS Section 30 Award and Execution of Contract 30-14 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.

30-06 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 paragraph 30-05, Requirements of Contract Bonds, of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder.

30-07 Approval of Contract. Upon receipt of the contract and contract bond or bonds that have been executed by the successful proposer/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.

30-08 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 paragraph 30-06, 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 liquidated damages to the Owner.

END OF SECTION 30

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GENERAL PROVISIONS

Section 40 Scope of Work

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Section 40 Scope of Work

40-01 Intent of contract. The intent of the contract is to provide for construction and completion, in every intent, 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.

40-02 Alteration of Work and Quantities. The Owner reserves the right to make such changes in quantities and work as may be necessary or desirable to complete, in a satisfactory manner, the original intended work.

Unless otherwise specified in the Contract, the Owner or Owner Representative shall be and is hereby authorized to make, in writing, such in-scope alterations in the work and variation of quantities as may be necessary to complete the work as a changed condition to the Contract.

Should the change condition to the Contract, should the alter the Cost of the Work, a Change Order to the Contract documentation will be issued and agreed upon by both the Owner and Contractor. Changes to the Contract cost shall also require consent of the Contractor’s surety and separate performance and payment bonds. If the Owner and the Contractor are unable to agree on a cost for any contract change that requires a Change Order, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion, or issue to the Contractor Construction Change Directive documentation for Contract Force Account completion of the changed conditions.

For purpose of this section, a significant change in character of work means: any change that is outside the current contract scope of work; any change (increase or decrease) in the total contract cost by more than 25%; or any change in the total cost of a major contract item by more than 25%.

Work alterations and quantity variances that do not meet the definition of significant change in character of work shall not invalidate the contract nor release the surety. Contractor agrees to accept payment for such work alterations and quantity variances in accordance with Section 90, paragraph 90-03, Compensation for Altered Quantities.

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.

Omitted Items will be considered an alteration of Work and qualities and administered as a changed condition to the Contract and considered a change to the contract by Change Order or Construction Change Directive.

40-04 Extra work. Should acceptable completion of the contract require the Contractor to perform an item of work not provided for in the awarded contract as previously modified by change order, Owner may issue a Change Order to cover the necessary extra work. Change orders for extra work shall contain agreed 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 Owner, or Owner’s Representative’s opinion, is necessary for completion of the extra work.

When determined by the Owner’s best interest, a Construction Change Directive maybe issued to the Contractor to proceed with extra work. as provided in Section 90, paragraph 90-05, Payment for Extra Work.

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Section 40 Scope of Work

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If extra work is essential to maintaining the project critical path, the Owner may also issue a Construction Change Directive to the Contractor to commence the extra work under a Time and Material agreement. Once sufficient detail is available to establish the level of effort necessary for the extra work, the Owner shall initiate a change order for the extra work.

Any claim for payment of extra work that is not covered by written agreement (Change Order or Construction Change Directive agreement) shall be rejected by the Owner.

40-05 Maintenance of traffic. It is the explicit intention of the contract that the safety of the public as well as the Contractor’s equipment and personnel, is the most important consideration. The Contractor shall maintain traffic in the manner detailed as follows:

a. With respect to their 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 public, fire-rescue equipment, or maintenance vehicles at the airport.

1. Contractor's vehicles operating on the Site must be identified with the company's logo. The logo must be made of 4" high lettering. The logo must have a high contrast between letters and background, shall be commercially produced, not hand lettered, and may be permanent or magnetic. Furthermore, the logo shall have been approved by MKAA. Logos shall be displayed on both sides of all vehicles.

2. Only vehicles covered by the Contractor’s insurance will be allowed for use on the Project. No personally owned vehicles will be allowed except that construction employee parking will be allowed within the Contractor’s staging area.

c. The Contractor, at their expense, shall be responsible for the repair to equal or better than preconstruction conditions 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/), for all work where vehicle traffic is present, 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.

40-06 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.

In addition, comply with the requirements of Technical Specification, Division 01, Section – “Close-out Procedures.”

END OF SECTION 40

http://mutcd.fhwa.dot.gov/

REROOF MUSEUM HANGAR AND REROOF OF MAINTENANCE BUILDING

ADDENDUM NO. 1 – ISSUED FEBRUARY 10, 2025

GENERAL PROVISIONS

Section 50 Control of Work

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Section 50 Control of Work

50-01 Authority of the Owner’s Representative. The Owner’s Representative has final authority regarding the interpretation of project specification requirements. The Owner’s Representative shall determine acceptability of the quality of materials and construction furnished, and method of performance of work performed. The Owner’s Representative does not have the authority to accept work that does not conform to specification requirements.

50-02 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 Owner, or Owner’s Representative 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 their opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, the Owner, or Owner’s Representative will advise the Owner, or Owner of their determination that the affected work be accepted and remain in place. The Owner’s Representative 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. Changes in the contract price must be covered by contract Change Order or Construction Change Directive, as applicable.

If the Owner, or Owner’s Representative 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.

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 Owner’s, or Owner’s Representative 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 Owner, or Owner’s Representative opinion, such compliance is essential to provide an acceptable finished portion of the work.

The term “reasonably close conformity” is also intended to provide the Owner, or Owner’s Representative with the authority, after consultation with the Owner, to use sound judgment in their determinations to accept work that is not in strict conformity, but will provide a finished product equal to or better than that required by the requirements of the contract, plans and specifications.

The Owner, or Owner’s Representative will not be responsible for the Contractor’s means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto.

For AIP BIL federal funded contracts, the Airport will keep the TDOT/FAA advised of the Owner Representative’s determinations as to the acceptance of Work that is not in reasonably close conformance to the contract plan and specifications. Change Orders must bear the written approval of the TDOT/FAA.

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GENERAL PROVISIONS

Section 50 Control of Work

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50-03 Coordination of Contract, Plans, and Specifications. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. If electronic files are provided and used on the project and there is a conflict between the electronic files and hard copy plans, the hard copy plans shall govern. 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; contract general provisions shall govern over plans. If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern.

The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, Contractor shall immediately notify the Owner or the designated representative in writing requesting their written interpretation and decision.

50-04 List of General Provisions, Special Provisions and Technical Specifications. Refer to the Table of Contents for a complete list of all the Provisions and Technical Specifications.

50-05 Cooperation of Contractor. The Contractor shall be supplied with an electronic PDF of the plans and technical specification. The Contractor shall have available on the construction site at all times one hardcopy each of the plans and specifications.

The Contractor shall give constant attention to the work to facilitate the progress thereof, and shall cooperate with the Owner, or Owner’s Representative and their 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 their 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 Owner, or Owner’s Representative or their authorized representative.

The Contractor shall also assume all risk and liability for any inconvenience, delay or expense that may be occasioned by him by such cooperation, installations, or relocations with the limits of the proposed improvements, and shall do no work which will injure or damage such property until arrangement has been made with the Owner for his protection.

50-06 Cooperation between Contractors. The Owner may engage separate Contractor referred to as the to perform Work not associated with the reroofing operation in the Hangar and Building.

Coordination and cooperations between the Contractor and any separate Contractors is required for both the Contactors to complete the Work.

50-07 Construction Layout and Stakes. The Contractor shall establish necessary horizontal and vertical control for construction, and installation. In case of negligence on the part of the Contractor or their employees, resulting in the destruction of any horizontal and vertical control, the resulting costs will be borne by the Contractor. Referenced Technical Specifications, Division 01 – “Execution Requirements”.

50-08 Authority and duties of Quality Assurance (QA) inspectors. QA inspectors shall be authorized to inspect all work done and all material furnished. Such QA inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. QA inspectors are not authorized to

REROOF MUSEUM HANGAR AND REROOF OF MAINTENANCE BUILDING

ADDENDUM NO. 1 – ISSUED FEBRUARY 10, 2025

GENERAL PROVISIONS

Section 50 Control of Work

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revoke, alter, or waive any provision of the contract. QA inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as a supervisor for the Contractor.

QA Inspectors are authorized to notify the Contractor or their 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 Owner, or Owner’s Representative for a decision.

50-09 Inspection of the Work. All materials and each part or detail of the work shall be subject to inspection.

The Owner, or Owner’s Representative 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.

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 Owner, or Owner’s Representative as provided in Section 50, paragraph 50-02, Conformity with Plans and Specifications.

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 Section 70, paragraph 70-14, Contractor’s Responsibility for Work.

Upon failure on the part of the Contractor to comply with any order of the Owner, or Owner’s Representative made under the provisions of this subsection, the Owner, or Owner’s Representative will have authority to cause unacceptable work to be remedied or removed and replaced; and unauthorized work to be removed and recover the resulting costs as a liquidated damage against 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

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.

50-13 Failure to Maintain the Work. Should the Contractor at any time fail to maintain the work as provided in Section 50, paragraph 50-12, Maintenance during Construction, the Owner, or Owner’s Representative 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.

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 Owner, or Owner’s Representative to make final inspection of that complete Work. If the Owner’s Representative finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, the Owner, or Owner’s Representative may accept it as being complete, and the Contractor may be relieved of further responsibility for that Work area. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract.

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ADDENDUM NO. 1 – ISSUED FEBRUARY 10, 2025

GENERAL PROVISIONS

Section 50 Control of Work

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50-15 Punch List and Substantial Completion. Upon due notice from the Contractor of presumptive completion of the entire project, the Owner’s Representative and Owner will make an punch list inspection.

If all construction provided for and contemplated by the contract is found to substantial complete for the Owner’s beneficial use in accordance with the contract, plans, and specifications, such inspection shall constitute issuance of Substantial Completion Certificate.

If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory whereas the Owner cannot /have beneficial use to the Project, the Owner, or Owner’s Representative will notify the Contractor and the Contractor shall correct the unsatisfactory work. Upon correction of the work, another inspection will be made provided the work has been satisfactorily completed.

50-16 Final Acceptance. Upon due notice from the Contractor of presumptive completion of the entire project, (Punch List Items corrected, Closeout Documents Submitted, etc.,) the Owner’s Representative 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 Owner, or Owner’s Representative shall notify the Contractor 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 Owner, or Owner’s Representative will notify the Contractor and the Contractor shall correct the…