HomeMy WebLinkAbout80-95 RESOLUTIONRESOIAUT1ON NO. 80-95
A RESOLUTION APPROVING A CONSTRUCTION
CONTRACT WITH TOMLINSON ASPHALT COMPANY, IN
THE AMOUNT OF $186,974.45, PLUS A CONTINGENCY
AMOUNT OF $28,046.00 FOR VILLA MOBILE HOME PARK
DRAINAGE SYSTEM IMPROVEMENTS AND APPROVING A
BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Council hereby authorizes the Mayor and City Clerk to execute
a construction contract with Tomlinson Asphalt Company, in the amount of $186,974.45, plus
a contingency amount of $28,046.00 for Villa Mobile Home Park drainage system
improvements. A copy of the contract is attached hereto marked Exhibit "A" and made a part
hereof.
Section 2. The Council hereby approves a budget adjustment in the amount of
$161,000.00 increasing Drainage Improvements, Acct. No. 4470 9470 5817 00, Project No.
94038 by decreasing Use of Fund Balance, Acct. No. 4470 0947 4999 99. A copy of the budget
adjustment is attached hereto and made a part hereof.
PASSED AND APPROVED this 6th day of June 1995.
APPROVED:
By: 'it.
;'e
red Hanna, Mayor
ATTEST:
, r /
By: !„.7 : �4,!!< E
Traci Paul, City Clerk
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
1995
Department: Sales Tax Capital Improvement Fuad
Division:
Program:
Dale Requested
June 6, 1995
Adjustment #
Project or Item Requested:
Additional funding is requested for the Villa Mobile Home Park
Drainage P o,ect.
Projector Item Deleted:
None. Use of Fund Balance 1 proposed for this project.
Justification of this Increase:
The project scope of work ongmally was limited to the immediate
area of Villa Mobile I lome Park and included matenals only. City
street crews and equipment were onginally scheduled to perform
this work. Subsequently the scope of work was enlarged to include
the entire dramage basin impacting Villa Mobile I lame Park.
Additionally, available City crews and equipment became more
involved in the City's pavement overlay program requiring this
project be hid and contracted out.
Justification of this Decrease:
Sufficient city sales tax collections from pnor years exist to
fund this request.
Account Name
:)ramage Improvements
Increase
Amount
Account Number
161,000 4470 9470
Decrease
Account Name Amount
Use of Fund Balance
Account Number
161.000 4470 0947
5817 00
4999 99
Project Number
94038
Project Number
Approval Signatures
Requested I3Z
1epartmcntl)irector
Admuylcruises Due r
Mar
s(8
RD*
Budget Office Use Only
Type: A BCD
Date of Approval
Posted to General Ledger
Entered m Category Log
Budget Office Copy
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STAFF REVIEW FORM
AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of
FROM: , /
Sid Norbash 2414-7 Engineering
Name Division
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N/A
ACTION REQUIRED: Approval of the change
contract with Tomlinson Asphalt for Villa
Public Works
Department
order number 1 to the construction
MBP Drainage Improvements Project.
COST TO CITY:
$27.714.05
Cost of this Request
4470-9470-5817-00
Account Number
94038-1020
Project Number
BUDGET REVIEW:
$215. 0CC .Q0
Category/Project Budget
$187,144.00
Funds Used Tc Date
$27.R56.90
Remaining Balance
X Budgeted Item
Budglet Coordinator
Villa MHP Drainage Impvts.
Category/Project Name
Drainage Improvements
Program Name
Sales Tax
Fund
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
/1 -
Accounting/ Man
CityJAttorney
Purchasing Officer Date
GRANTING AGENCY:
Date ADA Coordinator
45
Date
1
CJ�ndq I Taff.
Internal Auditor y6/7
")
Date
//- z -fl C
Date
STAFF RECOMMENDATION:
Approval of this change order, which authorizes
amounapproved by tjie Council.
//-Z-? f" -
Divi ion Head
()LAD 0 (e -C___
Date
Department Director Date
Administra[, a Ser ices Director
Date
/44/ -
Date
the use of the contingency
Cross Reference
New Item: Yes_
Prev Ord/Res k•
NoI
Orig Contract Date:
FAYETTEll LI1E
THE C TY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fred Hanna, Mayor
Thru: Kevin Crosson, Public Works Director
Don Bunn, City Engineer
From: Sid Norbash, Staff Engineer
Date: November 1, 1995
Re: Change Order No. 1
Villa MHP - Drainage Improvements
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The above referenced project is under construction, and due to some field changes
and conditions beyond our control some changes have been necessitated.
The major change is additional asphalt repair, where we had to move one of our
two 36" drainage pipes to be constructed in the street. Also because of conflicts
with the water and sewer lines the depth of the drainage pipe was reduced causing
alteration to the asphalt street in order to achieve the desired cover on the
pipe.
This change order is within the limits of the contingency amount approved by the
Council (Resolution No. 80-95) in the amount of $28,046.00.
We request approval of the change order.
SN/sn
attachments
CHANGE ORDER NO. 1
Project Title: Villa NHP - Drainage Improvements
Project No.: 94038
Consultant/Contractor: Tomlinson Asphalt, Inc.
The following changes are hereby made
Item (18) Additional reinfo. steel
Item (19) Relay existing 24" RCP 40'@
Item (20) Additional headwall wing
Item (21) Outlet head W.&ditch paving
Item (22) 116 S.Y.Concrete dr. repair
Itme (23) Add. Aeph. @ 2 itereecs.
Item (24) Aeph. repair for w/1 reloc.
Item (25) 375 S.Y. extra asph repair
to the Contract
lump sum
$40.75/ft
lump sum
lump sum
21.60/S.Y.
lump sum
lump sum
53.25/S.Y.
Documents:
$ 1,700.00
$ 1,630.00
$ 360.00
$ 2,055.00
$ 2,055.00
$ 300.00
$ 2,525.00
$19,968.75
Justification:
18- 24 These items are necessitated due to minor field changes to accommodate
other utilities or avoid rock excavation.
25- This item is necessitated because one of the 36" pipes has to be laid in the
street to avoid being too close to an aged water line.
CHANGE TO THE CONTRACT PRICE
Original Contract Price: $186,974.45
Current contract price, as adjusted by previous change orders: $186,974.45
The contract price due to this change order will be increased by: $27,714.05
New Contract Price Due to this Change Order will be: $214,688.50
CHANGE TO CONTRACT TIME
The contract time will be increased by 30 days.
The date for completion of
will be November 15, 1995.
all
work will
under contract
Approvals required, this order must be approved by the owner if it changes the
scope or objective of the project, or as may otherwise be required under the
terms of the supplementary General Conditions of the Contract.
Requested by
Approved by Mayor Hanna
Accepted by (Contractor) -7,43407,r
Date: /7--/-95--.
Date: WS
Date: /1-/— rjf
RESOLUTION NO. 80-95
MICROFILMED
A RESOLUTION APPROVING A CONSTRUCTION
CONTRACT WITH TOMLINSON ASPHALT COMPANY, IN
THE AMOUNT OF $186,974.45, PLUS A CONTINGENCY
AMOUNT OF $28,046.00 FOR VILLA MOBILE HOME PARK
DRAINAGE SYSTEM IMPROVEMENTS AND APPROVING A
BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Council hereby authorizes the Mayor and City Clerk to execute
a construction contract with Tomlinson Asphalt Company, in the amount of $186,974.45, plus
a contingency amount of $28,046.00 for Villa Mobile Home Park drainage system
improvements. A copy of the contract is attached hereto marked Exhibit "A" and made a part
hereof.
Section 2. The Council hereby approves a budget adjustment in the amount of
$161,000.00 increasing Drainage Improvements, Acct. No 4470 9470 5817 00, Project No.
94038 by decreasing Use of Fund Balance, Acct. No. 4470 0947 4999 99. A copy of the budget
adjustment is attached hereto and made a part hereof.
PASSED AND APPROVED this 6th day of June , 1995.
ATTEST j
•71
By: /?( < / iL(i
Traci Paul, City Clerk
APPROVED:
By:
Specifications and
Contract Documents
for
Orfejt v'G'.I li !koLCt
(11 y e ievk s con!
EXHIBIT A
Villa Mobile Home
Park
Drainage System Improvements
May 1995
( y
City of Fayetteville
Office of the City Engineer
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Advert -se
Instructicas
State WaCe 'Jet?
3:d Proposal
Contract Acreerer'
Performance .-�'4
Payment
Ger.er-aL C: '.1:.�1..s
__..4444_...: c__.�a'i
Detailed
Sec .o..
Sec
Secticn
Sec_..,..
Sect_
Se t _.,..
Sec
SectInn
Mei t ._c
c
& Repair penze
City of Fayetteville
Advertisement for Bid # 9S-35
Notice is hereby given that the City of Fayetteville, hereinafter -
called the owner, will receive sealed bids at the Purchasing
Office, City Administration Building room 306, 113 W. Mountain
St., Fayetteville, Arkansas 72701, until 2:OC p.m., local time,
on the 17th day of May, 1995, for the furnishing of all tools,
equipment, labor, and materials, and performing the necessary
work to be done to complete the project known as Villa Mobile
Home Park -Drainage Improvements.
The scope of this project is construction of approximately 3060
feet of 36" storm sewer, 5 curb inlets, two junction boxes and
other related items. The location of the work is set out in
the plans and specifications on file at the office of the city
Engineer, Fayetteville, Arkansas. Said plans can be inspected or
obtained without any fees, but must be returned by unsuccessful
bidders.
Each bid must be accompanied by a surety bond in the amount equal
to five percent (5%) of the whole bid, said bond to be issued by
a surety company licensed to do business in the State of
Arkansas, said bond to be retained as liquidated damages in case
successful bidder fails, neglects or refuses to enter into the
contract for the construction of said works, and furnish the
necessary bonds within ten (10) days from and after the date the
award is made.
The owner reserves the right to reject any or all bids, and to
waive any formalities deemed to be in its best interest.
The attention of all bidders is called to the fact that if this
contract exceeds $20,000 they must be licensed under the terms of
Act 150 of the 1965 Acts of the Arkansas Legislature, as amended.
Peggy Bates - Purchasing Manager
Note to NWA Times: Please publish two times May 3, 1995 &
May 10, 1995
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INSTRUCT ONS ?OR
ref -vied Terms. Terms use„ in these Instructions to Bidders which are
defined :n the Standard Genera: Conditions of the Construction Contract shall
have the meanings assigned to them in the General and Supplementary
Conditions. The term "Bidder" means one who submits a Bid directly to the
Owner, as distinct from a sun -bidder who submits a bid to a Bidder. The term
"Successful Bidder" shall mean the lowest, oualified, responsible and
responsive Bidder to whom Owner (on the basis of Owner's evaluation as
hereinafter provided) rakes an award. The tern "Bidding Documents" includes
the Advertisement or invitation to Bid, Instructions to Bidders, the Bid
Proposal corm, and the proposed Specifications and Contract Documents
(including all Addenda issued prior to tie receipt of Bids).
2.Cco:es of the Bedding 2e= -=;:;r_ Complete sets of the Bidding Documents
in the number ano anoint, i. any, stated in the Advertisement to Invitation to
Bid may be ootained from the Engineer upon request.
Complete sets of Bidding Documents must be used in preparing Bids; neither
the Owner nor Engineer assumes any responsibility for error cr
misunderstandings resulting from the use of incomplete sets of Bidding
Documents.
Owner and Engineer in making copies cf Bidding Documents available on the
above terms do sc only for the purpose of obtaining Bids on the Work and do
not confer a ._cense or grant for any
other use.
3. Oua'ificatici:, B• :.9e. When included with, artd made a part cf the
Bid Proposal, the Bidder must subn.t a completed "Statement of Bidder's
Qualifications" as part of the Bid Proposal. The "Statement of Bidder's
Qual:ficat:ons' is required to demonstrate qualifications to perform. the Work
and will he used :n evaluating all bids as a basis for award.
4. Exam. -a tic
ME
4.1. It is the responsibility of each Bidder before submitting a Bid, to :
(a) examine the Contract Documents thoroughly,
(b) visit the site to become familiar with local and specific conditions which
may affect cost, progress, safety, performance or furnishing of the Work,
fc) consider all Local, State and Federal Regulations and Laws which may
affect cost, progress, safety, performance or furnishing of the Work,
(d) study and carefully correlate Bidder's observations with the Contract
Documents and
(e) notify Eng:rreer of any and all conflicts, errcrs or discrepancies in the
Contract Documents_
4.2 Information and data reflected i;: the Contract Documents with respect to
Underground Facilities at or cc.t:guo•oa to the site is based upon information
and data furnished to the Owner and Engineer by owners cf such Undergro:.nd
Facilities or ct?.ers, and Owner nor Engiroer does not assume responsibility
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for the accuracy or completeness thereof unless it is expressly provided
otherwise in the Supplementary Conditions.
4.3 Provisions concerning responsibilities for the adequacy of data
furnished to prospective Bidders on subsurface conditions, Underground
Facilities and other physical conditions, and possible changes in the Contract
Documents due to differing site conditions appea_ _n Article 4 of the General
Conditons and any associated Supplementary Conditions.
4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make
or obtain any additional information, examinations, explorations, tests and
studies which pertain tc the physical conditions of the surface and subsurface
at, or contiguous tc the site or other wise which rray affect cost, progress,
safety, performance or furnishing of the work and which the Bidder deers
necessary to determine the Bid for performing and furnishing the Work in
accordance with the time, price and other terms and conditions cf the Contract
Documents.
4.5 Upon request in advance, the Owner will provide each Bidder access to the
site to conduct any observations, explorations and tests as each Bidder deems
necessary fcr submission of a Bid. Bidder shall be required to fill in all
holes and to restore all property to its former condition.
4.6 The lands upon the Work is to he performed, rights-of-way and easements
for access thereto and other lands designated for use by the Co, -.tractor in
performing the work are identified in the Contract Documents. A1: additional
lands and access thereto required for terr.crary facilities or storage cf
materials and equipment are to be provided by the Contractor. Easements for
permanent structures or permanent changes in existing structures are to be
obtained in advance by the Owner unless specifically noted otherwise in the
Contract Documents.
4.7 The Bidder must satisfy thea.se:ves of the accuracy to the estimated
quantities in the Bid schedule by examination of the site and a review of the
drawings and specifications inc:.:ding any Addenda. After bids have bee,-,
submitted, the Bidder shall not assert that there was any misunderstanding
concerning the quantities of Work or the nature of Work to be performed.
4.8 The submission cf c Bid will constitute an irrevocable representation by
Bidder that Bidder has complied with every provision and requirement cf this
paragraph 4, that without exception the Bid is premisad upon performing and
furnishing the Work required by the Contract Documents and such means,
methods, techniques, sequences or procedures of construction as may be
indicated in or required by tie Contract Documents, and that the Contract
Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing the
Work.
5. interaretat:c=s a_d Addr-1-
All questions shout the meaning or intent of the Contract Documents are to be
directed to the Engineer. Interpretations or clarifications considered
necessary by the Engineer in response to such questions, and/or any
information deemed necessary oy the C..r.er
:ngineer, will be issued by
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Addenda mailed or delivered to all parties recorded by the Engineer as having
received the Bidding Documents. Only questions answered and/or other
information furnished by formal written Addenda will be binding.
The Point of Contact for questions and clarifications for tris specific
project is Sid Norbash, City Engineering Office, (501) 575-8206.
6. 3'3 sec,.
Each Bid must be acco pane by Bid security nade payable to the Owner in an
amount cd five perce(5%) o the Bidder's total maximum bid price and in the
form of a certified oN bank e o- a Bid Bond (on form attached, if a form
is prescribed and included; issued by a surety meeting the requirements of the
General and Supplementary Conditions.
The Bid security of the Successful Bidder will be retained ,inti; such Bidder
has executed the Agreement and furnished the required contract security,
whereupon the Bid security will be returned. If the Successful Bidder fails
to execute and deliver the Agreement and furnish the required contract
security within 15 days after the Notice of Award, Owner may annul the Notice
cf Award and the Bid security of trait Bidder will be forfeited. The Bid
security of other Bidders whon the Owner believes to have a reasonable chance
of receiving award may be retained by Owner until the earlier of the seventh
day after the Effective Date of Agreement cr the 6_st day after the Bid
opening, whereupon. the Bid security furnished by such Bidders will be
returned. Bid security with Bids wnich are nct competitive will be returned
within 10 days of Bid opening.
Contrar«
The number cf days within which, or the dates by which, the Work is to be
substantially completed and also completed and ready for final payment (The
Contract Time) are as set forth in the Bid Proposal, Contract Agreement and
Technical Specification 100 - General Project Requirements.
Lic`_date•' Cara
Provisions for liquidated damages, _f any, are set forth in the Bid Proposal
and/or the Contract Agreement.
9. Substit..t :r
The Contract, if awarded, win. be on the basis of materials and equipment
described in the Drawings or specified in the Specifications without
consideration of possible substitute or "or -equal" items. Substitute cr "or -
equal" items of materials or ecuipm.ert, unless it is specified that no
substitute will be allowed, may be furnished or used by the Contractor if
acceptable to the Engineer. Applicatiin fcr acceptance for possible
substitute or 'or -equal' guns „.. ,.,.t be considezed by the Engineer until
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after the effective date of the Contract Agreement. The procedure for
submission of any such application is set forth 'n Article 6.7 of the General
r'nditions and any associated Supplementary Conditions.
:D. S:;hcrntr3; ters,
The Contractor shall not assign or sublet all cr any part of this Contract
without the prior written approval of the Owner and Engineer. Nor shall the
Contractor allow any subcontractor to commence work until he has provided and
obtained approval of such compensation and public liability insurance as
required by the Contract Cocuments. The approval of each subcontract by the
Owner will in nc manner release the Contractor from any of his obligations as
set forth in the Contract Documents including the Plans, Specifications,
Contract and Bond(s:.
11. Bid Proccsa: 1=
1:.1 A11 bids must be made on the recuired Bid Proposal form contained ir. the
Bidding Documents. Additional copies nay be requested from the Engineer.
:1.2 A:1 blank spaces for Bid prices must be filled in, in ink cr type
written, and the Bid form must be fully completed and executed when submitted.
Only one (1) copy of the Bid form is required.
:1.3 Bids by corporations must be executed in the corporate name by the
president or vice-president for other corporate officer accompanied by
evidence cf authority to sig:,) and the corporate seal must be affixed and
attested by the secretary or an assistant secretary. The corporate address
and state of incorporation must oe s`o•r, below the signature.
11.4 Bids by partnerships most be executed in the partnership name and signed
by a partner, whose title must appear under the signature and the official
address of the partnership must also ne shown below the signature.
11.5 All names must be typed cr clearly printed in ink below the signature.
11.6. The Bid shall contain an acxnawledgement of receipt of all Addenda (the
numbers of which must he filled in un the Bid form).
11.7. The address and telephone number fcr communications regarding the Bid
must be shown.
12. Su r=`sic:
Bids shall be submitted at the time and place indicated int eh. Advertisement
or Invitation tc Bid and shall be enclosed in an opaque sealed envelope,
marked in the lower left portion with the Project Title, Bid Number, Date of
the bid opening, time of the Did opening, bidding contractc.r's name and
license number. The Bid shall ne accompanied with the Bid Security and other
required forms and documents.
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If the Bid is sent through the mail cr other delivery slsterc, the sealed
envelope shall be enclosed in a separate sealed envelope wit the rotation "Bid
Enclosed" on the face of the outer envelope.
THE BID PROPOSAL FORM SHALT.
CONTRACT DOCUMENTS.
is EX C": n FROM THR P,,N Si ECIF::A':-:.NS AND
Modification and Withdrawal of aids.
Bids may be withdrawn or modified by an appropriate duly executed document (in
the manner that a Bid rust be executed) and delivered to the place where Bids
are to be submitted at any time prior t the opening cf Bids.
If, within 24 hours after the opening of Bids, any Bidder files a duly signed,
written notice with Owner and promptly thereafter demonstrates to the
satisfaction of Owner that there .s a material and substantial mistake in the
preparation cf its Bid, that Bidder may withdraw its Bid and the Bid security
will be returned. Thereafter, that Bidder shall be disqualified from further
Bidding on the Wcrk provided under the Contract Documents.
14 Obeninc of Bides
Bids will be opened and publicly read aloud at the time and location as
specified in the advertisement of invitation for bids. A tabulation of the
amounts of the Bids will be made available to the Bidders after preparation by
the Engineer.
15. Bids tc re-ain .-LLiect t: a -;e an -e
All Bids shall remain subject tc acceptance for 60 days alter the day of the
Bid opening, but Owner may, at its sole discretion, release any Bid and return
the Bid security prior tc that date. Additionally, if deemed necessary by the
Owner, the Owner and the apparent Successful Bidder may enter negotiations to
extend the time of acceptance beyond the CO days, with no changes .n the Bid
Proposal or Contract Documents.
16. Award of Cottrac:
16.1 Owner reserves the right to reject any and all Bids, to waive any and
all informalities not Involving price, time or changes to the Work, to
negotiate contract terms with the Successful Bidder, and the right to
disregard all nonconforming, nonresponsive, unbalanced or conditional bids.
The Owner further reserves the right to reject the Bid of any Bidder if the
Owner believes that if would not be In the best interest of the Proect or
Owner to make award tc that Bidder, whether because the Bid is not responsive
cr the Bidder is unqualified or of d:uotful financial ability, or of doubtful
past performance, or falls tc meet any ;;they pertinent standard cr criteria
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established by the Owner. Discrepancies :n the multiplication cf units of
Work and unit prices will be resolved in the favor the unit prices.
Discrepancies between the indicated sum of any column of figures and the
correct sum thereof will be resolved :n favor of the correct sum.
16.2 :n evaluating the Bids, Owner will consider the qualifications of
Bidders, whether or not Bids comply with thfl prescribed requirements, and such
alternates, unit prices, and other cata, as may be requested in the Bid
Proposal Form or pricr to Notice of Award.
16.3 Owner may consider t ne qualifications and experience cf the
subcontractors, suppliers and other persons and organizations proposed for
those portions of the Work as to which the identity of subcontractors,
suppliers and ether persons ar.d organizations must be submitted as provided
for in the Contract Documents. Owner may also consider the operating costs,
maintenance requirements, performance data and guarantees of major items of
material and equipment proposed for incorporation in the Work when such data
is required tc be submitted prior to the Notice of Award.
16.4 Owner may conduct such investigations as Owner deems necessary to assist
in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability if Bidders, proposed subcontractors,
suppliers and other persons and organizations to perform and furnisn the Wcrk
in accordance with the Contract Documents to Owner's satisfaction within the
prescribed time.
16.5 If the contract is to be awarded, it will be awarded to the lowest
responsive, responsible, qualified Bidder whose evaluation by Engineer
indicates to Owner that the award will be in the best interests of the Project
and Owner.
16.6 If the contract is to be awarded, Owner will give the Successful Bidder
a Notice of Award within 50 days after the date cf the Bid opening. If deemed
necessary by the Owner, the Owner ar... ..he apparent Successful Bidder may enter
negotiations to extend the time of acceptance beyond the 60 days, with no
changes ir. the Bid Proposal cr Contract Documents.
Con
Occur:
Article 5 of the General Ccnditons, and the associated Supplementary
Conditions set forth the Owner's req..irements as to Performance and Payment
Bonds. When the Successful Bidder delivers the executed Agreement to Owner,
it must be accompanied by the required Performance ar.d Payment Bonds.
16. Signinc o: Agreercnt.
When Owner gives Notice of Award to the Successful Bidder, it will be
accompanied by the required number of unsigned counterparts of the Agreement
with all other Contract Documents attached. Within 15 days thereafter,
Contractor shall sign, execute and deliver the required number of counterparts
of the Agreement and attached documents to the Owner with the required Bonds
ar.d insurance ce"-.4'nates. Upon City Council's approval cf the contract,
Within ten ):0) days thereafter Cwner shall deliver one fully signed and
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executed copy of the contract
Cc :tr actor.
Compliance with State ...71=r.si-.1 -ah
Contractors must be licensed in ac;;ordance witn the requirements of ACT 150,
Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors."
Bidder who submit Bids in excess cf $23,000.00 must submit evidence of their
having a contractor's license before their Bids will be considered, and shall
note their license number on the outside of their Bid.
Labor Laws.
The Contractor shall abide by all Federal, State and Local Laws and
Regulations governing labor. The Contractor shall further agree to held and
save the Owner harmless from the payment of any contribution under the State
Unemployment Compensation Act, and the Contractor agrees that if he is subject
to the Arkansas State Unemployment Act, he will make whatever contributions
are required under and by virtue of the provisions of said Act.
21. Waaes and Lett:.
Minimum wage rates shall be equal to the basic rates as established by common
usage in the city and adjacent community for the various types of labor and
skills performed. In cases where wage rate determinations are specified in
the Contract Documents, the rates as specified shall be the minimum rates
which apply to the Project. Whenever available, the Contractor snail make :.se
of local commen and/cr skilled labor as is practical.
The Contractor and each s..bccntractor, where the amount exceeds $'?b,0CC.20
shall comply with the provisions of Act 74, as amended by Act 275 of 1969
(Arkansas Stat. :4-630). Tne provisions are summarized oelcw.
The Contractor and Subcontractor
1) pay the minimum prevailing wage rates for each craft or
type of workman and the prevaising wage rate for holiday
and overtime work, as determined by the Arkansas Department
of Labor,
2) post the scale of wages in a prominent and easily
accessible place at tr.e site cf the Work,
3) keep an accurate record showing the names and occupaticn and
hours worked of all workmen employed by then, and the
actual wages paid tc each of tie workmen, which records
shall be open at all reasonable hours to the .nspection of
the Department of Labor or the Owner, its officers and
agents.
A copy of the prevailing wage rates for this specific project, as established
by the Arkansas Department of Labor, is attached in the Contract Documents
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immediately following the Instructions to Bidders.
The Owner shall have the right to withhold from amounts d..e t.`.e Contractor so
much of accrued payments as may be considered necessary to pay the workmen
employed by the Contractor or any subcontractor, the difference between the
rates of wages required by tris Contract and the rates of wages received by
such workmen.
If it is found that any workmen employed by the Contractor or subcontractor
has been, cr is being paid a rate of wages less that the rate cf wages
required by this Contract, the Owner may by written notice to the Contractor,
terminate the Contractor's right to proceed with the Work cr such part of the
Work as to which there has been a failure to pay the required wages and to
prosecute the Work tc completion by Contract or otherwise, and the Contractor
and his sureties shall be liable for any costs occasioned thereby.
22. Compliance
t 125 At'kansas Acts of 19c5
The attention of Bidders is called to the provisions of Act :25, Arkansas Acts
of 1965. This act provides for the payment of certain taxes o: materials and
equipment brought into the State. It further provides for methods of
collecting such taxes. All provisicrs of Act 125, Arkansas Acts of 1965 sha:1
be complied with tinder tr._s Ccrtract.
23 Withhold_n7 State :ncc,:r.e :axes.
The Contractor shall deduct and withhold Arkansas income taxes, as required by
Arkansas law, from wages paid employees, whether such employees are residents
cr nonresidents of Arkansas.
24. Comp ance with Rules ar^ hega_at:,...; tor the Ehfcrcerecc and
Admi.._str:3'_on rf Act _e2 Ar ...:as Alis cf 1987.
The attention cf al: ,....resin r.t 'rid called tc the previsions of Act
162, Arkansas Acts of :987. This act provides for nonresident Contractors and
subcontractors notice and bene regulations by the Commissioner of Revenues,
Dept. of Finance and Administration, P.O.Box :272, Little Rock, Arkansas
722C3 prior to commencing work or undertaking to perform any duties under
contract within the State of Arkansas.
2L Subccntracto;s Bcr.ds - Act '9C, Arkar:=as Acts c
The attention cf Bidders is called to the provisions of Act :90, Arkansas Acts
of 1993. In general, this act provides for the subcontractors to provide to
the General Contractor performance and payment bonds, with certain regulations
on form and time, when the subcontractor's bid is in excess of $5C,00O.CC.
26. Vx^a..a•. o^ c .4e4v
The attention al: Bidders is called to the requirements of Act 29:, Arkansas
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Acts of :993 - Excavatio; and Trench Safety. The c,:rrent edition of
Occtpational Safety and Health Adm..inrstratior. Star.:.ard for Excavatio: and
Trench Safety Systems, 29 CFR 1926, Subpart P, is specifically incorporated
and made a part of these specifications and contract documents as required by
Arkansas Act 29: of the 79tH General Assembly of 1993. The Contractor shall be
solely responsible for the _mpleme:tation of these requirements.
A copy of the CSHA regulations is included :n this set cf specifications as
Appendix A.
End of the :nstruct=ons to Bidders
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Pai
ARKANSAS DEPARTMENT OF LABOR
PRI:VAILING WAGE DETERMINATION - HEAVY RATE
DATE: July- 71 1994
PROJECT: 36 -Inch katrir Mair DETERMINATION #: 99-013
Fayetteville, Arkansas COUNTY: Aashingt;;u
EXPIRATION DATE: 01-07-94
SURVEY #: AH05
CLASSIFICATION
Bricklayer/Stonemason
Carpenter
Concrete Finisher/Cement Mason
Electrician
Laborer
Mechanic
Pipelayer
Power Equipment Operators:
Group ,-_
Group 1I1
Group 1V
BASIC
HOURLY
RATE
7.2C
7.20
8.00
:2.0C
6.75
f:.90
7.00
8.9
8.70
8.1C
Weide s receive
rate prescribed for
to which welding is ir:c:dentes',-f` per arming operation
FRINGE
BENEFITS
CERTII-JED
-a' 1) 1, :999
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Det. #34c'c3
Page __ of
Power Equipment Operators
Group II
Operators engaged in operating the following equipment or
performing work relative to the engineer's jurisdiction:
Hydraulic cranes, cherry pickers, backhces, and derricks with a
lifting capacity less thar. 50 tons, as specified by the
manufacturer, backhoes, tractor or truck type, overhead &
traveling cranes, or tractors with swinging boom attachments,
gradealls above equipment irrespective of motive power, levernan
(engineer), hydraulic or bucket dredges, irrespective of size.
Group III
Heavy Equipment Cperatcrs. Cperatcrs engaged in operating the
following equipment: bulldozers, front end loaders, sideboois,
skytracks, push tractors, pull scrapers, motor graders,
trenching machines, regardless of size or motive power,
backfillers, central mixing plants, 10S and larger, finishing
machines, boiler fireman high or low pressure, asphalt spreaders,
hydro truck crane, multiple drum hoist, irrespective of motive
power, rotary, cable tool, ccre drill or churn drill, water well
and foundation drilling machines, regardless of size, regardless
cf motive power and dredge tender operator.
Groin Iy
Light Equipment Operators. Cperatcrs engaged in operating the
following equipment: Cilerdriver motor crane, single drum
hoists, winches and air tuggers, irrespective of motive power,
winch or A frame trucks, forklifts, rollers cf types and pull
tractors, regardless of size, elevator operators inside and
outside when used for carrying workmen from floor to floor and
handling building material, Lad-A-vator, conveyor, batch plant,
and :mortar or concrete mixers, below 10S, end dump euclid,
pumperete, spray machine and pressure grout machine, air
compressors, regardless of size. All light equipment, welding
machines, light plants, pumps, well point system dewatering and
portable pumps space heaters, irrespective of size, and motive
power, equipment greaser, oi:er, mechanic helper, drilling
machine helper, asphalt distributor and like equipment, safety
boat operator and deckhard.
(z\