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HomeMy WebLinkAbout55-98 RESOLUTION• RESOLUTION NO 5 5 9 8 A RESOLUTION AWARDING BID NO. 98-25114 THE AMOUNT OF $453,793.05 TO SWEETSER CONSTRUCTION, INC., FOR IMPROVEMENTS TO STREETS, SIDEWALKS, AND STORM DRAINAGE EN THE SOUTHEAST TARGET AREA; AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 That the City Council hereby awards Bid No. 98-25 in the amount of $453,793.05 to Sweetser Construction, Inc., for improvements to streets, sidewalks, and storm drainage in the Southeast Target Area; and authorizes the Mayor and City Clerk to execute a contract for said amount. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 7 The City Council hereby approves a budget adjustment in the amount of $106,022 increasing expense account, Public Improvement Target, Acct. No. 2180 4990 5390 17, Project No. 97070 1 and decreasing expense account for Trans to Council on Aging, Acct. No. 2180 4990 5722 00, Project No. 96092 1. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this „IL' day of May , 1998. t tt,.N N APPROVE ATILESTs By 1M-• //SI Heather Woodruff, City Cle By. red Hanna, Mayor so • • City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 1998 Department: Division: Program: Administrative Services Community Development Public Facilities / Imps Date Requested March 31, 1998 Adjustment # Project or Item Requested: $106,022 in additional funding is requested for the CDBG Street Improvements Capital Project. Project or Item Deleted: $106,022 from the Walker Senior Center Project. Justification of this Increase: The bids for this particular project came in higher than what was budgeted. Justification of this Decrease: The Walker Senior Complex is not expected to be under construction until 1999. Additional funding will be added if needed during the 1999 Budget Process. Increase Expense (Decrease Revenue) Account Name Amount Public Improvement Target 106,022 Account Name Account Number Project Number 2180 4990 5390 17 97070 1 • Decrease Expense (Increase Revenue) Amount Account Number Trans to Council on Aging 106,022 2180 4990 Project Number 5722 00 96092 1 Approval Signatures zarti fer• Requested By Date ---s'- 9 i Date Department Director Date Admin. rvices Dir ctor 471, Mayo Date 3/Ioe! P.: TYPe: A Date of Approval Budget Office Use Only Posted to General Ledger Posted to Project Accounting Entered in Category Log Blue Copy: Budget & Research / Yellow Copy: Requester DADATAVORMSB4-ADABADJF238.1VM Agenda Request X Contract Review Grant Review For the City Council Meeting of STAFF REVIEW FORM N/A . .R675 a 7L424C7 lataY9 W 3/c? MICROFILMED From: Jan Simco Name Community Development Division Admin Services Department ACTION REQUESTED: Review request for change to engineering services contract. COST TO THE CITY: $1,182 Cost of this request 2180.4990.5390.17 Account Number 97070 10 Project Number $710,788 Project Budget $705,134 Funds used to date $5,654 Remaining Budget Public Improvement Target Category/Project Name Public Facilities / Improv Program Name Community Development Fund BUDGET REVIEW: X Budgeted Item Budget oordinator Bu get Adjust ent Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW. Accou A / All2k ci ttth tryyr fp Date -P Cts1 ,3-10-99 / *19 Date Purchasing Manager Date G antor Agency: In rnal Auditor Date ADA Coordinator Date STAFF RECOMMENDATION: Staff requests approval of change order ( D ion Head Date 009 Svcs Director Date ,thA Department Director Date Myor Date 1-FAYETTEVILLE • THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Staff Review Committee From: Jan Simco, Community Development Coordina Date: 3/9/99 Re: Change Order for Street Project; Addition to Engineer Contract Northwest Engineers, also known as Crafton, Tull & Associates, Inc., has requested payment of $1,181.79 over their original contract which is due to additional design work required for a change in the scope of the Street Project construction work. Community Development requests that the change be approved. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE fry cleAL To: Jan Simco, Community Development From: Heather Woodruff, City Clerk Date: March 16, 1999 Attached is a copy of the completed staff review form and amendment for the contract with Crafton, Tull and Associates for the South East Target area street improvements. The original will be microfilmed and file with the city clerk. cc. Internal Auditor File 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • s c-yig °P' CONSTRUCTION SPECIFICATIONS AND BID DOCUMENTS CURB & GUTTER, SIDEWALK AND STORM DRAINAGE IMPROVEMENTS FOR FAYETTEVILLE COMMUNITY DEVELOPMENT STREET PROJECT Fayetteville, Arkansas NWE No. 97024.00 ,tv, ,,,,,,,,, March 1998 , so.TE or -rt. 0,444ts 0 F 4tig,se Q••. GRAFTON, TULL & ASSOCIATES, INC &10.109 '.AsAs EN5 ,,, Prepared by: NORTHWEST ENGINEERS CIVIL ENGINEERING CONSULTANTS A DIVISION OF GRAFTON, TULL & ASSOCIATES, INC. P.O. Box 1173 /524 W. Sycamore Fayetteville, Arkansas 72702-1173 1 1 1 1 1 1 1 1 1 ?es, 55-9A CURB & GUTTER, SIDEWALK AND STORM DRAINAGE IMPROVEMENTS FOR FAYETTEVILLE COMMUNITY DEVELOPMENT STREET PROJECT FAYETTEVILLE, ARKANSAS NWE No. 96058.00 ADDENDUM NO 01 03/24/98 The contract documents for the above referenced project, dated March, 1998, are hereby amended by this Addendum, dated March 24, 1998, consisting of 1 sheet. REVISION TO THE BID PROPOSAL: (1) The number of working days the Contractor has to complete this project is ninety 90 working days, and not forty-five (45) as stated in the BID PROPOSAL •••-- INDEX Advertisement for Bids Instruction to Bidders Bid Proposal Statement of Bidder's Qualifications Contract Agreement Performance Bond Payment Bond General Conditions Supplement to General Conditions Technical Specifications DIVISION 2 ITEM 202 Clearing and Grubbing ITEM 203 Removal and Disposal ITEM 216 Pipe Culverts ITEM 217 Drop Inlets and Junction Boxes ITEM 225 Seeding ITEM 228 Rip Rap ITEM 240 Excavation and Embankment ITEM 241 Pipe Underdrain ITEM 250 Temporary Erosion Control ITEM 260 Maintenance of Traffic ITEM 301 ITEM 304 ITEM 310 DIVISION 3 Portland Cement Concrete Concrete Sidewalks Reinforcing Steel for Structures DIVISION 19 ITEM 1901 Concrete Curb and Gutter ITEM 1904 Class 7 Stone Base Course Appendix A - OSHA Safety Requirements for Excavation Appendix B - Minimum Street Standards, City of Fayetteville Appendix C - Sidewalk Ordinance, City of Fayetteville ADVERTISEMENT FOR BIDS CURB & GUTTER, SIDEWALK AND STORM DRAINAGE IMPROVEMENTS FOR FAYETTEVILLE COMMUNITY DEVELOPMENT STREET PROJECT CITY OF FAYETTEVILLE, ARKANSAS BID NO. 98-25 Sealed bids for the construction of curb & gutter, sidewalk and storm drainage improvements for the Fayetteville Community Development Street Project, will be received by the City of Fayetteville, Arkansas, at the Purchasing Office, Room 306, City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas, 72701, until 1 30 p.m. local time on Monday. March 30. 1998, and then at said office publicly opened and read aloud. The proposed work generally consists of street curb & gutter and storm drainage construction. The attention of all Bidders is particularly called to the following: • The requirements of the specifications that traffic be kept open to the public during construction. A minimum of one lane of traffic shall be maintained at all times. • The requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract. The Contract Documents, consisting of the Advertisement for Bids, Instruction to Bidders, Bid Proposal, Contract, General Conditions, Supplementary Conditions, Payment Bond, Performance Bond, Drawings, Specifications, and Addenda, may be examined and obtained at the office of Northwest Engineers, 524 West Sycamore, Fayetteville, Arkansas. Each contractor shall be responsible for the investigation, inspection, and studies of the project site as deemed necessary to familiarize themselves with all conditions encountered. Each contractor shall be responsible to read and comply with the Instructions to Bidder as contained in the Contract Documents. Each bid must be accompanied by a cashier's check or surety bond in an amount of five percent (5%) of the total whole bid. Said bond shall be issued by a resident local agent vino is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power-of-attorney. Adbid.wps The mere countersigning of the bonds by a resident agent shall not be sufficient. In the event the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said work and furnish the necessary bonds in accordance with the Contract General and Supplemental Conditions, the Owner shall retain said check or bond as liquidated damages. Bids shall be made on the official bid sheets contained in the specifications, and such bid sheets shall not be removed from the remainder of the Specifications and Contract Documents. The bidder shall attach any addenda issued to the front of the bid documents and include them in the sealed bid submitted to the Owner. All bids shall be sealed and the envelope addressed to the City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas 72701, and clearly marked on the lower left side of the bid envelope shall be the following information: The Bid number, the project name/title, the date of the bid opening, the time of the bid opening and the bidding contractor's name and license number. All bidders shall be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. No bidder may withdraw his bid within sixty (60) days after the actual date of the bid opening. The City of Fayetteville reserves the right to reject any and all bids, and to waive any formalities as deemed to be in the best interest of the City of Fayetteville. THE CITY OF FAYETTEVILLE IS AN EQUAL OPPORTUNITY EMPLOYER Adbid.wps am' Federal Labor Standards Provisions U S. Department of Housing and Urban Development air Applicability The Project or Program to which the construcfion work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions -are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (1) Minimum Wages. All laborers and mechanics employed or work- ing upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractural relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR-5.5(a)(1)(iv): also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classificafion of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classifica- tion for the time actually worked therein: Provided, That the employer's pay- roll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the con- tractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry, and (3) The proposed wage rate, including any bona fide fringe bene- fits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) 11 the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or as designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shaft be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve. modify, or disapprove every additional classifi- cation action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or as designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), Previous Edition is Obsolete HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee. to the Administrator for determination. The Administrator, or an authorized repre- sentative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Man- agement and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this con- tract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer cr mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary ol Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices. trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. h the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract HUD or its desig- nee may, atter written notice to the contractor, sponsor, applicant, or owner, lake such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, dis- burse such amounts withheld for and on account of the contractor or sub- contractor to the respective employees to whom they are due. The Comp- troller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her cor- rect classification, hourly rates of wages paid (including rates of contribu- tions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-b7con Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in Section 1(b)(2)(B) of the Davis -Bacon Act. the contractor shall maintain records which show that the commitment to provide such HUD -4010 (2-84) (HB 1344.1) benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been comrnunicaled in writing to the laborers or mechanics affected, and records which show the costs antici- pated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certifi- cation of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ApProved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(1). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Docu- ments (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington. DC. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned; without rebate, either directly or indirectly, and that no deductions have been made either directly or indi- rectly from the full wages earned other than permissable deductions asset forth in 29 CFR Part3, (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the clas- sication-of work performed, as specified in the applicable wage determina- tion incorporated into the contract (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compfiance" required by paragraph A.3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. . . . (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcon- tractor fails to submit the required records or to make them available, HUD or its designee may, atter written notice to the contractor, sponsor, appli- cant, or owner, take such action as may be hecessary to cause the sus- pension of any further payment, advance, or guarantee of funds. Further- more, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4. (i) Apprentices and Trainees. Apprentices. Apprentices will be per- mitted to work at less than the predetermined rate for the work they per- formed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training. or with a State Apprenticeship Agency recognized by the Bureau. or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment 25 an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered prooram. Any worker -listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determi- nation for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the jour- neyman's hourly rate) specified in the contractor's or subcontractor's regis- tered program shall be observed Every apprenctice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions at the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. 11 the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a Slate Appren- ticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work per- formed unless they are employed pursuant to and individually registered in a program which has •received prior approval, evidenced by formal certifi- cation by the U.S. Department of Labor, Employment and Training Admini- stration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee pro- gram does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits fisted on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination Which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Admin- istration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predeter- mined rate for the work performed until an acceptable program is approved. (Hi) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the -requirements of 29 CFR Part 3 which are incorporated by reference in this contract .6. Subcontracts. The contractor or subcontractor will insert in any sub- contracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for -the compliance by any subcontractor or lower tier subcon- tractor with all the contract clauses in 29 CFR Pail 5.5. 7. Contrade termination; debarment. A breach of the contra= clauses in 29 CFR 5.5 may be grounds for terminon of the contract and or debar- ment as a contactor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. Al! rul- ings and interpretations of the Davis -Bacon and Related Acts conained in 29 CFR Parts 1. 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract stall not be subject to the oeneral disputes clause of this contract. Such caputes shall be resolvc-c in accor- dance with the procedures of the Depa-rnent of Labor set forth in 29 CFR Parts 5,6, and 7. Disputes within the meaning of this clause inGude dis- putes behveen the contractor (or any of its subcontractors) and HUD or its designee, the U S. Department of Labor. or the employees or their representativ. 10. @Certification of Eligibility. By snaring into this contract the con- tractor cerlifis that neither it (nor he G she) nor any person or brm who has an inleresz in the contractor's firm is a person or firm ineligible to be awarded Gove-nment contracts by vinare of Section 3(a) of the Davis - Bacon Act or 22 CFR 5.12(a)(1) or to be awarded HUD contra or partici- pate in HUD programs pursuant 10 24 CFR Part 24. (11) No pan of this contract shall be subcontracted to any person or firm ineligible for a ward of a Government contract by vinue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(01) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iII) The penalty for making false stements is prescribed in the U.S. Criminal Code. 18 U.S.C. 1001. Additionally, U.S. Crimnal Code, Section 1010, Title 16. *-1.S.C.. "Federal Housirc Administrafion transactions", pro- vides in part 'teilhoever, for the purpose. of. . influencing in arry way the action of such rdministration. . . maks utters or publishes ay statement, knowing the sane to be false. shag be fined not more than S5.000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or TesErnony by Employees. rib laborer or mechanic to %einem the wage, salary, rx- other labor standards provisions of this Contract the applicable shall be cd'harged or in any other manner discriminated ap,ainst by the Contractor or any subcontractor because such employee has bled any complaint or i .situted or caused to be ansttuted any proceedin; or has testified or is about to testify in any proceed, ing under or relettig to the labor standar G applicable under this Contract to his employer. 13 Contract Work Hours and Safety Standards Act. As used tri this para- graph, the tens laborers and "mechanics" include watchmen and guards. (1) Overate requirements. No Girt -actor or subcontractor contracting for any part of the contract work whidn may require or involve the employ- ment of laborers or mechanics shall repute or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in suth workweek unless such Laborer or mechanic receives corn- pensaton at a rate not less than one and one-half times the basic rale of pay for all hours worked in excess, of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the cIai.e set fonh in subparagraph (1) of this paragraph, the contractor and any subcontractor resporsibe therefor shall be liable for the unpaid wages. In addition, such contractor and subcon- tractor shall be liable to the Uniad States (in the case of work done under contraG for the District of Columbia or a territory, to such Distict or to such territory), for liquidated damages. Such liquidated damages shall be com- puted with respect to each individual laborer or mechanic. including watchmen and guards, employed in violation of the clause set forth in sub- paragraph (1) of this paragraph. in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without pay- ment of the overtime wages rewired by the clause set fo-th in subpara- graph (1) of this paragraph. (3) Wrthholding for unpaid wages and liquidated damages. HUD or its designee shall upon its Own aGon or upon written requeG of an autho- rized representative of the Deparrnent of labor withhold or- cause to be withhekt from any moneys payable on account of work performed by the contractor or subcontractor unoer any such contract or any other Federal contract with the same prime contract or any other Fede -ally -assisted con- tract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contactor such sums as may be determined to be necessary to satisfy any liabbites of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The corrra. ctor or subcontractor Gall insert in any subcorroacts the clauses set forth in subparagraph (1)through (4) of this paragraph and also a clause reduiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contrador shall be responsible for compliance by any subcontractor or lower t er subcontrac- tor with the clauses set forth in subparagraphs (1) through (4) of this paragraph C. Hearth and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazn-dous, or danger- ous to his health and safety as detemfined under consrudion safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Trtre 29 Part 1926 (formthiy part 1518) and failure to comply may result in imposition of sanctions priirsuant to the Con- tract Work Hours and Safety Sandards Act (Public Law 91-54, 83 Stet 96). (3) The Contractor shall include the provisions of this Anicle in every subcontract so that such firth/Sipes will be binding on eath subcontractor. The Cont -actor shall take such action with respect to any subcontract as the Sectary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enfordno such provisions. HUD -4010 (2-84) 1 1 INSTRUCTIONS FOR BIDDERS: 1.- Defined Terme. • Terms used in these.Instructions to Bidders which are defined in the Standard General Conditions of the Construgtion Contract shall have the meanings assigned to them in the General and Supplementary Conditions. The term "Bidder" means one who submits a Bid directly td the Owner, as distinct from a sub -bidder who submits a bid to a Bidder. The term "Successful Bidder" shall mean the lowest, qualified, responsible and Presponsive Bidder to whom Owner (on the basis of Owner's evaluation as 'hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Proposal Form, and the proposed Specifications and contract Documents (including all Addenda issued prior to the receipt of Bids). 2.- Copies of the Bidding Documents. Complete sets of the Bidding Documents in the number and amount, in any, stated in the Advertisement to Invitation to Bid may be obtained 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 or misunderstandings resulting from the use of incomplete sets of Bidding Documents. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use 3. Oualifications of Bidders. When included with, and made a part of the Bid Proposal, the Bidder must submit a completed "Statement of Bidder's Qualifications" as part of the Bid Proposal. The "Statement of Bidder's Qualifications" is required to demonstrate qualifications to perform the Work and will be used in evaluating all bids as a basis for award. 4. Examination of Contract Documents and Site. 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, (c) 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 Engineer of any and all conflicts, errors or discrepancies in the Contract Documents. 4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner and Engineer by owners of such Underground Facilities or others, and Owner nor Engineer does not assume responsibility 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 appear in Article 4 of the General Conditions and any associated Supplementary Conditions. 1 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 to the physical conditions of the surface and subsurface at, or contiguous to the site or other ,wise which may affect cost, progress, safety, performance or furnishing of the Work and which the Bidder deems necessary to, determine the Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.5 Upon request in advance, the site, to conduct any observations, nedessary for submission of a Bid. holes and to restore all property Owner will provide each Bidder access explorations and tests as each Bidder Bidder shall be required to fill in to its former condition to the deems all 4.6 The lands upon the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary facilities or storage of 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 themselves of the accuracy to the estimated quantities in the Bid schedule by examination of the site and a review of the drawings and specifications including any Addenda. After bids have been P 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 of a Bid will constitute an irrevocable representation by Bidder that Bidder has complied with every provision and requirement of this paragraph 4, that without exception the Bid is premised 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 the 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. Interpretations and Addenda. All questions about 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 by the Owner or Engineer, will be issued by 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 this specific project is Sid Norbash, City Engineer, (501) 575-8206. 6. Bid security. Each Bid must be accompanied by Bid security made payable to the Owner in an amount od five percent (5%) of the Bidder's total maximum bid price and in the form of a certified or bank check or 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. 2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will bk returned; ,Lf the Successful Bidder fails to execute and deliver the. -Agreement and furni4h the required contract sediliiiy within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom 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 or the 61st day after the Bid opening, whereupon the Bid security furnished by such Bidders will be . returned. Bid security with Bids which are not competitive will be returned within 10 days of Bid opening. 7. Contract Time. The number of 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 ProposalAContract Agreement _ 8. Liquidated Damages. Provisions for liquidated damages, if any, are set forth in the Bid Proposal and/or the Contract Agreement. 9. Substitute or "Or -equal" items. The Contract, if awarded, will 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 or "or - equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer. Application for acceptance for possible substitute or "or -equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submission of any such application is set forth in Article 6.7 of the General Conditions and any associated Supplementary Conditions. 10. Subcontractors, suppliers and others. The Contractor shall not assign or sublet all or 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 Documents. The approval of each subcontract by the Owner will in no 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 Proposal Form. 11.1 All bids must Bidding Documents. 11.2 All blank spaces for Bid prices must be filled in, in ink or type written, and the Bid form must be fully completed and executed when submitted. Only one (1) copy of the Bid form is required. be made on the required Bid Proposal form contained in the Additional copies may be requested from the Engineer. 3 h 11.3 Bids by corporations must be executed in the corporate. name by the - president or vice-president (or -other corporate officer accompanied by. evidence of authority to sign) and the corporatel seal -must be affixed<and-- attested by the secretary or an assistant secretary. The corporateraddress- -and-state of incorporation must be shown below the signature. - . . . _ bypartnerships:must 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 be shown below the' signature. 11.5- All -names must be typedor clearly printed in ink below the signature. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid form). 11.7. The address and telephone number for communications regarding the Bid must be shown. 12. PSubmission of Bids. BidsIshall be submitted at the time and place indicated int eh Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked in the lower left.portionwith the Project Title, -Bid Number, Date of the bid opening, time of the bid opening, bidding contractor's name and license number. The Bid shall be accompanied with the Bid Security and other required forms and documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in.a separate sealed envelope wit the notatiom"Bid Enclosed" on the face of the outer envelope. THE BID PROPOSAL FORM SHALL NOT BE REMOVED FROM THE BOUND SPECIFICATIONS AND CONTRACT DOCUMENTS. 13 Modification and Withdrawal of Bids. Bids may be withdrawn or modified by an appropriate duly executed document (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of 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 is a material and substantial mistake in the preparation of 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 Work provided under the Contract Documents. 14. Openino of Bids. •• 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. 1 IH 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15. Bids to remain subiect to acceptance. All Bids shall remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, -at its sole discretion, release any Bid and return the Bid security prior to 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 60 days, with no changes in the Bid Proposal or Contract Documents. 16. Award of Contract. 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 Project or Owner to make award to that Bidder, whether because the Bid is not responsive :or the Bidder is unqualified or of doubtful. financial ability, or of doubtful past performance, or fails to meet any.other.pertinent standard.or criteria established by the Owner. Discrepancies.in the.multiplication of,units'of Work and unit prices will be resolved in the. favor of the_unit_prices. Discrepancies between the indicated sum of any.column of.figuremend,the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating the Bids, Owner will consider the qualifications of Bidders, whether or not Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Proposal Form or prior to Notice of Award. 16.3 Owner may consider the qualifications and experience of the subcontractors, suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers and other persons and 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 to 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 furnish the Work 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 60 days after the date of the Bid opening. If deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 60 days, with no changes in the Bid Proposal or Contract Documents. 17. Contract Security. Article 5 of the General Conditions, and the associated supplementary 'Conditions set forth the owner's%requireMents as to Performance and PaYment WhentherSuccessful Bidder:delivers the executed Agreement to OWner,' 'it7Must:be accompanied by the required Performance:and PayMent Bonds. 18. Signing of Agreement. 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. Within ten (10) days thereafter Owner shall deliver one fully signed and executed to Contractor. 19.w Compliance with State Licensing Law. Contractors must be licensed in accordance with the requirements of ACT 150, Arkansas Acts of 1965, the "Arkansas State Lidensing•Law for Contractors." Bidder who submit Bids in excess of $20,000.00 must submit evidence of their having a contractor's license before their Bids will be considered, and shall notetheir license number on the outside of their Bid. 20. Labor Laws. The Contractor shall abide by all Federal, State and Local Laws and Regulations governing labor. The Contractor shall further agree to hold 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. Wages and Labor. 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 shall make use of local common and/or skilled labor as is practical. The Contractor and each subcontractor, where the amount exceeds $75,000.00 shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Arkansas Stat. 14-630). The provisions are summarized below. The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing 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 the site of the Work, 6 3) keep an accurate record. showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which records shall be open at. all reasonable houi-s tra the inspection 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 immediately following the Instructions to Bidders. The Owner shall have the right to withhold from amounts due the 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 this Contract and the rates of wages received by such workmen. If.it.is found that any workmentemployed by-theContractor -or-subcontractor ..has been, or is.being paid a rate -of wages -less that the rate of wages required by this Contract, the•Owner may by written notice to the Contractor, terminate the Contractor's right.to proceed with the Work or such.part of the Work as to which there has been a failure to pay the required wages and to .prosecute the Work to completion by Contract or• otherwise, and the -Contractor and.his sureties shall be liable.for.any. costs.,occasioned-thereby.. • 22. Compliance with Act 125, Arkansas Acts of 1965. The attention of Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for the payment of certain taxes on materials and equipment brought into the State. It further provides for methods of collecting such taxes. All provisions of Act 125, Arkansas Acts of 1965 shall be complied with under this Contract. 23. Withholding State Income Taxes. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid employees, whether such employees are residents or nonresidents of Arkansas. 24. Compliance with Rules and Regulations for the Enforcement and Administration of Act 162, Arkansas Acts of 1987. The attention of all nonresident Bidders is called to the provisions of Act 162, Arkansas Acts of 1987. This act provides for nonresident Contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Dept. of Finance and Administration, P.O.Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under contract within the State of Arkansas. 25. Subcontractors Bonds - Act 190, Arkansas Acts of 1993. The attention of Bidders is called to the provisions of Act 190, 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 oh form and time, when the subcontractor's bid is in excess of $50,000.00. 7