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HomeMy WebLinkAbout66-78 RESOLUTION• - 1 4 RESOLUTION NO. (Q6 — % d • • • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ESCROW AGREEMENT REGARDING THE PAYMENT OF PRE- VAILING WAGE RATES TO WORKMEN EMPLOYED ON THE CONSTRUCTION OF AN ADDITION TO ROBERTA FULBRIGHT LIBRARY. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute an Escrow Agreement regarding the payment o f prevailing wage rates to workers employed on the construction o f an addition to the Roberta Fulbright Library. A copy of said Escrow Agreement, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED this P" day of �jy�y j , 1978. APPROVED: Vice -Mayor MICROFILMED DATE JUN 1 5 1979 REEL c -f6 TO: AdminaA * InspS as B & G MJudg CAtt PP & BO CCont P & Rec CM SaniS CMSec StretS C of P TrfcC & P FireC /J W & S Other 4. fit DO: Necessary action Read & return Read & toss Any Ideas on this? Sounds fine See ile undn er/ / ` -_,i/,_�(/!^d/ Other I • i y_: 6 7v ESCROW AGREEMENT This agreement executed this /34 day of Nov, /37s , by and between the Board of Trustees, of Roberta Fulbright Library, hereinafter called the Board, the City of Fayetteville, Arkansas, hereinafter called the City, Jack Burge Construction Company, hereinafter called the Contractor, the Arkansas Department of Labor, hereinafter called the Department, and the First National Bank of Fayette- ville, Arkansas, hereinafter called the Bank. WHEREAS, the Board is entering into a contract with the Contractor for the construction of an addition to the Roberta Fulbright Library; and, WHEREAS, the City has issued general obligation bonds under Amendment No. 13 to the Arkansas Constitution to finance the cost of said addition; and, WHEREAS, Ark. Stat. Ann. § 14-630, et seq., requires that workmen on said addition be paid not less than the minimum prevailing hourly rate of wages for work of a similar character in the county, as determined by the Department; and, WHEREAS, the Department has issued Wage Determination No. 77-162 prescribing the minimum hourly rate of wages to be paid workmen on the addition to the library; and, WHEREAS, the City has objected to said Wage Determination and now has pending in the Circuit Court of Washington County a lawsuit challenging the correctness of the wage rates prescribed by said Determination; and, WHEREAS, the purpose of this Agreement is to provide a method by which construction of the addition of the Roberta Fulbright Library may proceed before a final judgment in the aforesaid litigation is rendered; and, MICROFILM g 1.913 DATE REFI. a • aNd WHEREAS, the contractor has submitted a bid using the wage rates prescribed by Determination No. 78-18 and has submitted an alternate bid using wage rates which would be paid if Determination No. 78-18 did not apply; and, WHEREAS, the Department has the responsibility of administering the Arkansas Prevailing Wage Act, Ark. Stat. Ann. §14-630, et seq. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein; the Board, the City, the Contractor, the Department and the Bank agree as follows: 1. That pending a final judgment in the case of City of Fayetteville v. Arkansas Department of Labor and CharlesL. Daniels, Director, Washington Circuit No. CIV -78-812, the Contractor will pay workmen employed on the construction of the addition to the Roberta Fulbright Library such wages as it would pay if Arkansas Department of Labor Wage Determination No. 78-18 did not apply to said construction. 2. That on the date construction begins the City will deposit in the bank a sum equivalent to the difference between the contractor's two bids, which difference is $12,850.00. Such sum shall be deposited in a special account to be designated as the Roberta Fulbright Library Addition - Prevailing Wage Escrow Account. That immediately upon making said deposit, the City shall forward a copy of the deposit slip to the Department. 3. That at such time as a final judgment is rendered by the Washington County Circuit Court, or by the Arkansas Supreme Court in the event of an appeal by the City or by the Department, the bank shall disperse all monies in said escrow account as follows: Gal If, under the Court's Judgment in the aforesaid lawsuit, additional wages are due workmen on .the library addition, a sum of money equivalent to said additional wages shall be paid from the escrow account by the Bank to the Contractor, and paid by the Contractor to the workmen thereto with. the Contractor making all withhgldings required by law; the amountof said sum to be dispersed to the Contractorby the Bank shall be certified in writing to the Bank by the Contractor which certification shall be approved by the Department and the City, Any' money remaining in the escrow account after the disbursement to the Contractor shall be .returned by the Bank to .the City. (b1 If, under the final judgment of the Circuit Court, pr the Supreme Court in .the event Of an appeal by either the City or the Department, no additional wages are due workmen employed on the construction of the addition to .the Roberta f'ulbright Library, all monies in said escrow account shall be returned by the Bank to the City. Prior to disbursement of said money to the City, the Contractor, the City, and the Department shall certify in w'tng to .the Bank that, under the Courts .judgment, no additional wages are due workmen employed to construct the addition to the library. 4.7 The Bank agrees .tocertify to the Department the number and amount of any payments made from the escrow account, 5. The Contractor agrees to keep accurate records concerning the hours worked by each of his workmen. These records shall include breakdowns of the number of hours each workman works at the different trades enumerated on Prevailing Wage Determination No. 78-18._The Contractor shall maintain these records for inspection by the Department. 6. The Bank hereby agrees to serve as escrow agent in accordance with the terms of this Agreement; and, the City agrees to pay the Bank a fee for its services in accordance with the present rate charged by the Bank for such services. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. BOARD OF TRUSTEES OF ROBERTA FULBRIGHT LIBRARY ATTEST: Secretary ATTEST: BY: k -L a C?�'h President CITY OF FAYETTEVILLE, ARKANSAS BY: JACK BURG CONSTRUCTION COMPANY iet%/LJ/� BY: ^si. • • ARKANSAS DEPARTMENT OF LABOR BY: Char es L. Daniels, Director FIRST NAT •NAL BANK OF FAYETTEVILLE BY: IA ea" esident f -Teodoro • MODIFICATION OF CONSTRUCTION CONTRACT This agreement made this between the Board of Trustees of called the Board, and Jack Burge called the Company. WHEREAS, the parties hereto contract dated November —Library a copy of which and made a part hereof; 3, 1978, contract and; day of • 1979, Roberta Fulbright Library hereinafter Construction Company, hereinafter have entered into a construction for an addition to the Roberta Fulbright is attached hereto, marked Exhibit A WHEREAS, the Arkansas Department of Labor has issued a new wage rate determination prescribing the minimum hourly rate of wages to be paid workmen on said addition; and WHEREAS, as result of said new prevailing wage rate determination the Company agrees that the total amount of compensation to be paid the Company under the aforesaid contract should be lowered by $12,850.00. NOW, THEREFORE, it is hereby mutually agreed by the Board and the Company as follows: 1. The Construction Contract dated November 3, 1978 and attached hereto as Exhibit A shall be modified as follows: • a. The total sum payable the Company and flArticle 4 of /S// -Z eot- said contract is modified to be $169,320.00. b. Article 8 is hereby added to said Contract to read as follows: PAYMENT OF PREVAILING WAGE RATES Not less than the prevailing hourly rate of wages as found by the Arkansas Department of Labor or deter- mined by the Court on appeal shall be paid to all work- men performing work under the contract. There may be withheld from the Contractor so much of the accrued payments, as may be considered necessary by the Owner to pay to laborers and mechanics employed by the Contractor or any subcontractor, if any, of the work, the difference between the rates of wages required by the contract to be paid to laborers and mechanics on the work and the rates of wages received by such laborers and mechanics and not refunded to the Contrac- tor, subcontractor or their agents. 2. All provisions of the aforesaid Contract are incorporated herein and are hereby modified to conform herewith but in all other respects are to be continued in full force. MICROFILMED. DATEJU�1913 REEL, w • 4 IN WITNESS WHEREOF, the parties have executed this agreement first above written. ATTEST: Secretary ATTEST: Secretary BOARD OF TRUSTEES OF ROBERTA FULBRIGHT LIBRARY By: Presid€nt JACK ";=.RGE CONSTRUCTION COMPANY By: esi.en t • • THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A707 Standard Form of Agreement Between Owner and Contractor where the basis 01 payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT EGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED Wfrii RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America AGREEMENT made as of the thi rd - day of November in the year of Nineteen Hundred and Seventy -Eight BETWEEN the Owner: Board of Trustees of the Roberta Fulbright Memorial Library and the Contractor: Jack Burge Construction Company, Inc. The Project: The Architect: i 'Roberta Fulbright Library Addition 1978 Fayetteville, Arkansas ., Warren D. Segraves and Associates The Owner and the Contractor agree as set forth below. MICROFILMED DATE JUN 2 5 1979 REEL Copyright 1915, 1910, 1925, 1937, 1951, 1950, 1961, 1963, 1'167, 1974, 0 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 201106. Reproduction of the material herein or substantial quotation ut its provisions without permission of the AIA violates the copyright laws of the United Slates and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • 'UNE 1977 • AIAS 81977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1733 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 1 • fTh • AltI!CIE I • THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement. the Condition•, of the Contract (General, Supplementary and other Conditions), the I)rnvings, Ihr Specifications, all Addenda issued prior to and ,ill Modifications issued after exe- cution of ihis Agreement. These foim the Contract, and all are a% fully a part of the Contract as if attached to this Agreement or repealed herein. An enumeration of the Contract Document% appeals in Article 7. • ARTICLE 2 THE WORK The Conhladnr shall perform all the Work required by the Contract Documents for Mete insert the caption desuq Live of the Work as WS an other Contract Documents ) Roberta Fulbright Library Addition 1978 Fayetteville, Arkansas ARTICLE 3 • TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to he performed under this Contract shall he commenced November 8, 1978 and. subject lo authorized adjustments, Substantial Completion shall be achieved not later than July 10, 1979 Mere iron! an; persal Pon i ,on. Ion hgwdan•d tbIllJn ' (Haling In laaurr m 1 ompl••Ir .m lettr 1 Liquidated damages in the amount of $25.00 per day, as stated in paragraph 1A.23 of the specifications. • AIA DOCUMENT A101 • OIVNER-CONTRACTOR AGREEMENF • EHNEN 111 (DI HON • JUN( 1977 • AIA3 01977 • THE AMERICAN INSTITUTE Of ARCIIITECTS, 1735 NL1V YORK AVE., N.W., WAS,ZING ION, D. C. 10006 A101-1977 2 r~ r'a'C • eaN ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to ,additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of Proposal #1, $182,170.00 or Proposal #2, $169,320.00. See attached escrow agreement. The Contract Sum is determined as follows: (Stale here the base bid or rnher lump sum amount, accepted alternates, and unit prices, as applicable) Proposal #1 Base Bid: Additive No. Additive No. Additive No. $137,000.00 1 29,300.00 2 5,750.00 3 10,120.00 ARTICLE 5 PROGRESS PAYMENTS Proposal 112 Base Bid: Additive No. Additive No. Additive No. $127,1+00.00 1 27,600.00 2 5,500.00 2 8,820.00 * Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last day of the month as follows: Not later than 15 days following the end of the period covcrcd by the Application for Payment one hundred percent t 100%) of the portion of the Contract Sunt property allocable to labor, materials and equipment incorporated in the Work and one hundred percent II OU TO of the portion of the Contract Sunt properly allocable to materials and equipment suitably stored al the site or it some other location agreed upon in writing, for the period covered by the Application for Payment. Icss the aggregate of previous payments made by the Owner' and upon Substantial Completion of the entire Work, a sunt sufficient to increase the total payments 10 one hundred percent a 100 %) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documepls. nl not covered elsewhere In the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) *- In accordance with paragraph 1A.4 of the specifications. $ • • • • Payments due and unpaid under the Contract Documents shall bear interest from the dale payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. Were insert any rare nl interest agreed upon.) I'ury lane and rnpnretoonn under the federal Truth in lrnrlmg Act, snnit.0 '1.or and rood ronwmrr credit laps and other regulations al the Onrr's and (onoastur s pnnnpal ;dm -in of huanrss. Ihr lucalion of the I'rojrcl and risen bore may affrci the rabdny of this provision. Specilfc legal advice should be uh uinrd 'vnh re rpm to hitting modrhra l inn, ur nther requlremrnii such a.'ninon 411sc4)54.res nr 'rnicrrs 1 ,_ AIA. DOCUMENT AIn; ,.t....011:NtR..CONIKACTOR-AGREE 1EN'I-.•—EEEVEN1H -EDITION'—IUNf^'1977 -• AIA. ©1977 • TIIE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON, D. C. 20006 A101-1977 3 1 t 1� ,.40 •7• • • ARTICLE 6 FINAL PAYMENT Final payment, cunslitulin;; the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the \Vnrk has been completed, the Contract fully performed, and .1 final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in 1Iiis Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which cims1itute the entire agreement 1)01.Aren the Owner and the Contractor, are listed in Article 1 ;incl, except for Modifications issued after execution of this Agreement, are enumerated as follows: ILirt below rhe ngmrmenl. the ('unhtime tot the Contract (Crnwdl, Supp(rmrnhey..uvl .•:h, r Cnn6Uun,), the Urawingc, she Speri6cmrons, and any Addenda and accepted alierna ler. ,howmg page 01 shit( numbrvs in all ra>rc and 41a10 uheur .1(1)41( aWr.1 Drawings: A-1 through A-9 and ME -1 through ME -3 Dated August 14, 1978 Specifications: Addendum Bidding Requirements Contract Forms Division 1 through 16 Dated August 14, 1978 No. 1 dated October 3, 1978 Escrow Agreement between Board of Trustees, of Roberta Fulbright the City of Fayetteville, Arkansas, Jack Burge Construction Inc., Arkansas Department of Labor, and the First National Fayetteville, Arkansas, attached hereto and made a part Library, Company, Bank of hereof. $ • • This Agreement entered into as of the day and year first wriLion above. OWNER Board of Trustees of the Roberta Fulbright Memorial Library CONTRACTOR Jack Burge Construction Company, In AIA DOCUMENT A101 • O11'NER-0 )N 1 RAC1OR At REI.MIENI • I:I I1'I NI 01977 • 'THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK` 1011 ION • TUNE 1977 • AIM N:W., WASIIINGION, D. C. 20006 A101-1977 4