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 • 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 • 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 • 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 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 1 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 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 2 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 3 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. 4 • 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 5 • • 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 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 7 • 1 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 3 • • • 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • 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 • 1 1 1 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\