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Home My WebLink About52-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 52-23 File Number: 2023424 BID #22-47 ROCK SOLID TRAIL CONTRACTING, LLC A RESOLUTION TO AWARD BID #22-47 AND AUTHORIZE A CONTRACT WITH ROCK SOLID TRAIL CONTRACTING, LLC IN THE AMOUNT OF $75,465.00 FOR THE CONSTRUCTION OF TRAIL IMPROVEMENTS AT KESSLER MOUNTAIN REGIONAL PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $37,905.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #2247 and authorizes Mayor Jordan to sign a contract with Rock Solid Trail Construction, LLC, a copy of which is attached to this Resolution, in the amount of $75,465.00 fm construction of trail improvements at Kessler Mountain Regional Park, and further approves a project contingency in the amount of $37,905.00. PASSED and APPROVED on March 7, 2023 Page I Attest: Kant Paxton, City Clerk P asurer CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 7, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs Ted Jack, Park Planning Superintendent FROM: Zach Foster, Park Planner II DATE: SUBJECT: Bid # 22-47 Recreational Trail Improvements — Kessler Mountain RECOMMENDATION: 2023-424 Staff recommends awarding a contract for $75,465.00 with Rock Solid Trail Contracting, LLC (Bid 22-47) for services to construct trail improvements such as boardwalks, low bridges, and armoring primarily along Saddle Up and to set a project contingency of $37,905.00. BACKGROUND: The City was awarded a Recreational Trail Program (RTP) grant to enhance the natural surface trail system at Kessler Mountain Regional Park. This is an 80/20 matching grant with federal funding up to $75,000 and a City match up to $18,750 for a total project cost of $93,750. Bid 22-47 focused on Kessler's most dilapidated trail, Saddle Up. Rock Solid's winning bid came in below the grant's estimated project cost allowing additional work that will fully capture matching funds. DISCUSSION: The bid amount submitted by Rock Solid was below budget and creates an opportunity to install improvements to Kessler Mountain beyond the scope of Bid 22-47 to fully capture available federal funds. The work of Bid 22- 47 improves Saddle Up with boardwalks, low bridges, and armoring, and widens the trail to 4' to accommodate persons with disabilities who ride adaptive mountain bikes. BUDGET/STAFF IMPACT: Total project costs must reach $93,750 to fully use federally awarded RTP grant funds. Rock Solid's bid falls below this amount and additional work is anticipated via a change order based on unit costs to increase total construction costs from $75,465 to $93,750 at a minimum and not to exceed $113,370. City staff will provide construction administration ATTACHMENTS: 2023-424 SRF Rock Solid contract - Kessler Mtn, Project Map, Bid 22-47 Tabulation, Kessler Trail Improvements Signed Contract, Bid 22-47, Submittal - Rock Solid Trail Contracting - E, Bid 22- 47, FILE 01 - Project Manual Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-424 Bid # 22-47 Recreational Trail Improvements — Kessler Mountain A RESOLUTION TO AWARD BID #22-47 AND AUTHORIZE A CONTRACT WITH ROCK SOLID TRAIL CONTRACTING, LLC IN THE AMOUNT OF $75,465.00 FOR THE CONSTRUCTION OF TRAIL IMPROVEMENTS AT KESSLER MOUNTAIN REGIONAL PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $37,905.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #22-47 and authorizes Mayor Jordan to sign a contract with Rock Solid Trail Construction, LLC, a copy of which is attached to this Resolution, in the amount of $75,465.00 for construction of trail improvements at Kessler Mountain Regional Park, and further approves a project contingency in the amount of $37,905.00. Page 1 Zach Foster Submitted By City of Fayetteville Staff Review Form 2023-424 Item ID 3/7/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/8/2023 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Staff recommends awarding a contract for $75,465.00 with Rock Solid Trail Contracting, LLC (Bid 22-47) for services to construct trail improvements such as boardwalks, low bridges, and armoring primarily along Saddle Up and to set a project contingency of $37,905.00. 2250.520.9255-5806.00 Account Number 21005.2201 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Parks Development Fund Kessler Mountain RTP Grant Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 132,641.00 132,641.00 $ 75,465.00 l 57,176.00 V20221130 Previous Ordinance or Resolution # 168-21, 92-22 Approval Date: 0 SCALE - 600ft Kessler Mountain Regional Park Trail System PROJECT MAP 7 Saddle Up Trail (Primary Focus) Additional Trail Improvements (Secondary Focus) - M M M Project Area S L E R O A L p A R K v � I p" sty I a. ■ chinkae G ' ,rnlJtA I I I I I I I I I Park Planning 1/4/2023 CITY OF W14'" FAYETTEVILLE ARKANSAS BID TABULATION Bid 22-47, Construction - Kessler Park Trail Enhancements DEADLINE: Tuesday, December 20, 2022 at 2:00 PM Certification of Funds: $113,370.00 ($141,713.00 total allowed, Rock Solid Trail Contracting (Rock Solid Trail Contracting LC) Rogue Trails LLC Milestone Construction Company, LLC $75,465.00 $138,755.10 $169,131.16 Total Line # Description CITY UOM Unit Extended Unit Extended Unit Extended 1.1 Mobilization 1 LS $800.00 $800.00 $1.00 $1.00 $24,564.88 $24,564.88 1.2 Bonds and Insurance 1 LS $1,495.00 $1,495.00 $12,614.10 $12,614.10 $8,283.75 $8,283.75 1.3 Armoring (Drawing Sheet AR-1) 130 LF $82.50 $10,725.00 $120.00 $15,600.00 $112.90 $14,677.00 1.4 Low Bridge (Drawing Sheet LB-1) 30 LF $99.00 $2,970.00 $175.00 $5,250.00 $129.36 $3,880.80 1.5 Armoring (Drawing Sheet AR-2) 15 LF $82.50 $1,237.50 $120.00 $1,800.00 $130.58 $1,958.70 1.6 Armoring (Drawing Sheet AR-3) 8 LF $82.50 $660.00 $120.00 $960.00 $148.05 $1,184.40 1.7 Low Bridge (Drawing Sheet LB-2) 20 LF $99.00 $1,980.00 $175.00 $3,500.00 $2,063.60 $103.18 1.8 Low Bridge (Drawing Sheet LB-3) 25 LF $99.00 $2,475.00 $175.00 $4,375.00 $119.34 $2,983.50 1.9 Armoring (Drawing Sheet AR-4) 15 LF $82.50 $1,237.50 $120.00 $1,800.00 $130.58 $1,958.70 1.10 Armoring (Drawing Sheet AR-5) 40 LF $82.50 $3,300.00 $120.00 $4,800.00 $118.09 $4,723.60 1.11 Ground Decking (Drawing Sheet GD-1) 50 LF $12.00 $600.00 $140.00 $7,000.00 $117.97 $5,898.50 1.12 Low Bridge (Drawing Sheet LB-4) 25 LF $99.00 $2,475.00 $175.00 $4,375.00 $147.90 _ $3,697.50 1.13 Low Bridge (Drawing Sheet LB-5) 20 LF $99.00 $1,980.00 $175.00 $3,500.00 $103.18 $2,063.60 1.14 Ground Decking (Drawing Sheet GD-2) 45 LF $12.00 $540.00 $140.00 $6,300.00 $117.57 $5,290.65 1.15 Armoring (Drawing Sheet AR-6) 30 LF $82.50 $2,475.00 $120.00 $3,600.00 $120.59 $3,617.70 1.16 Armoring (Drawing Sheet AR-7) 30 LF $82.50 $2,475.00 $120.00 $3,600.00 $120.59 $3,617.70 1.17 Armoring (Drawing Sheet AR-8) 45 LF $82.50 $3,712.50 $120.00 $5,400.00 $127.26 $5,726.70 1.18 Armoring (Drawing Sheet AR-9) 30 LF $82.50 $2,475.00 $120.00 $3,600.00 $3,617.70 $120.59 1.19 Armoring (Drawing Sheet AR-10) 5 LF $82.50 $412.50 $70.00 $170.52 $852.60 1.20 Armoring (Drawing Sheet AR-11) 20 LF $8230 $1,650.00 _$14.00 $120.00 $2,400.00 $125.58 $2,511.60 1.21 Armoring (Drawing Sheet AR-12) 20 LF $82.50 $1,650.00 $120.00 $2,400.00 $125.58 $2,511.60 1.22 Armoring (Drawing Sheet AR-13) 20 LF $82.50 $1,650.00 $120.00 $2,400.00 $125.58 $2,511.60 1.23 Armoring (Drawing Sheet AR-14) 10 LF $82.50 $825.00 $120.00 $1,200.00 $140.56 $1,405.60 1.24 Armoring (Drawing Sheet AR-15) 10 LF $82.50 $825.00 $120.00 $1,200.00 $140.56 $1,405.60 1.25 Armoring (Drawing Sheet AR-16) 10 LF $82.50 $825.00 $120.00 $1,200.00 $155.26 $1,552.60 1.26 Armoring (Drawing Sheet AR-17) 50 LF $82.50 $4,125.00 $120.00 $6,000.00 $116.60 $5,830.00 1.27 Armoring (Drawing Sheet AR-18) 20 LF $8230 $1,650.00 $120.00 $2,400.00 $125.58 $2,511.60 1.28 Low Bridge (Drawing Sheet LB-6) 40 LF $99.00 $3,960.00 $175.00 $7,000.00 $137.03 _ $5,481.20 1.29 Armoring (Drawing Sheet AR-19) 35 LF $82.50 $2,887.50 $120.00 $4,200.00 $119.16 $4,170.60 1.30 Armoring (Drawing Sheet AR-20) 15 LF $82.50 $1,237.50 $120.00 $1,800.00 $130.58 $1,958.70 1.31 Armoring (Drawing Sheet AR-21) 15 LF $8230 $1,237.50 $120.00 $1,800.00 $130.58 $1,958.70 1.32 Armoring (Drawing Sheet AR-22) 40 LF $82.50 $3,300.00 $120.00 $4,800.00 $118.09 $4,723.60 1.33 Armoring (Drawing Sheet AR-23) 15 LF $82.50 $1,237.50 $120.00 $1,800.00 $130.58 $1,958.70 1.34 Grade Reversal (Drawing Sheet GR-1) 1 Each $90.00 $90.00 $70.00 $2,489.20 $2,489.20 1.35 Grade Reversal (Drawing Sheet GR-2) 1 Each $90.00 $90.00 _$70.00 $70.00 _ $70.00 $2,490.60 _ $2,490.60 1.36 Grade Reversal (Drawing Sheet GR-3) 2 Each $90.00 $180.00 $70.00 _ $140.00 $1,757.00 $3,514.00 1.37 Grade Reversal (Drawing Sheet GR-4) 2 Each $90.00 $180.00 $70.00 $1,757.00 $3,514.00 1.38 _ Open Seating Area 1 LS $1,200.60 $1,200.00 $57,030.00 _$140.00 $5,030.00 $9,735.60 $9,735.60 1.39 LB Armoring Approach (min 41-F) 24 LF $82.50 $1,980.00 $150.00 $3,600.00 1201.84 $4,844.16 1.40 lGD Armoring Approach (min 41-F) $82.50 $660.00 $120.00 $960.00 $173.79 $1,390.32 Deductive Alternates 2.1 DEDUCTIVE ALTERNATE 1 Deductive Alternate 1 includes the removal of line items #1.7, #1.8, #1.12, #1.31, and #1.33 through #1.37 1 LS $13,245.00 $16,270.00 $16,176.00 2.2 DEDUCTIVE ALTERNATE 2 Deductive Alternate 2 includes the removal of line items #1.11, #1.13, #1.14, and #1.28 1 LS $6,420.00 $23,800.00 1 $18,733.95 2.3 DEDUCTIVE ALTERNATE 3 Deductive Alternate 3 includes the removal of line items #1.4, #1.32, and #1.38 1 LS $7,470.00 $15,080.00 $18,340.00 NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials. Digitally signed by Amanda Amanda Beilfuss Bellfuss Date: 2023.01.18 08:33:39-06'00' Amanda -If-, S, Purchasing Agent Les McGauryil Digitally signed by Les McGaugh y Date: 2023.01.18 08:34.49-06'00' Les Mc-gh, Purchasing Director " Bid Rejected - Mobilization exceeds 5% of total bid City of Fayetteville Bid 22-47, Kessler Park Trail Enhancements This contract executed this x% day of Mork . 2023, between the City of Fayetteville, Arkansas, and Rock Solid Trail Contracting. LLC . In consideration of the mutual covenants contained herein, the parties agree as follows: Rock Solid Trail Contracting. LLC at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 22-47 as stated in Rock Solid Trail Contracting. LLC's bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 22-47, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Rock Solid Trail Contracting. LLC based on their bid proposal in an amount not to exceed $ 75.465.00 . Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. The Contract documents which comprise the contract between the City of Fayetteville and Rock Solid Trail Contracting. LLC consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 22-47 with the specifications and conditions typed thereon. Rock Solid Trail Contracting, LLCs bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Rock Solid Trail Contracting, LLC and maybe modified only by a duly executed written instrument signed by the City of Fayetteville and Rock Solid Trail Contracting, LLC . 5. Rock Solid Trail Contracting. LLC shall not assign its duties under the terms of this agreement. 6. Rock Solid Trail Contracting, LLC agrees to hold the City of Fayetteville harmless and Indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Rock Solid Trail Contracting. LLC's performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas law. 7. Rock Solid Trail Contracting. LLC shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet; the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Rock Solid Trail Contracting, LLC shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for City of Fayetteville, AR Bid 22-47, Kessler Park Trail Enhancements Page 1 of 3 the protection of such of his employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by Rock Solid Trail Contracting, LLC . Worker's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $500,000 for each person injured. $1,000,000 for each accident. Property Damage Liability $1,000,000 aggregate. 8. Rock Solid Trail Contracting, LLC shall furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Rock Solid Trail Contracting, LLC with 30 calendar days written notice. 10. This contract shall be effective as of the date of signed contract. 11. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 12. Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the City in advance of the change in scope, cost or fees. 13. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. 14. Arbitration/Mediation: The City will not agree to be forced to mediate or arbitrate any dispute 15. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or penalty for "untimely' payments. The City will pay all invoices within 30 calendar days of accepted invoice. City of Fayetteville, AR Bid 22-47, Kessler Park Trail Enhancements Page 2 of 3 WITNESS OUR HANDS THIS —7 DAYOF Ir aYCh .2023. ROCK SOLID TRAIL CONTRACTING, LLC -� CITY PFAE�By: ByMcGurk, Project Manager ATTEST (Signoture) I/ATTEST:(Si.(` Md415yn oxn✓l Caa aJsW4ecrPtaq (Printed Nome) Kara Parton, City OAord'ont Coor a4wlor (KPM 1115) BusinessAddress 8ir9 W Fa M %vAaW;J6 AR;�X"? a City, State & Zip Code Date Signed: City of Fayetteville, AR Bid 22-47, Kessler Park Trail Enhancements Page 3 of 3 Date Signed: 03-6I—L3 CITY OF -� FAYETTEVILLE ARKANSA Bid 22-47 Addendum 2 Rock Solid Trail Contracting Rock Solid Trail Contracting LC Supplier Response Event Information Number: Bid 22-47 Addendum 2 Title: Construction - Kessler Park Trail Enhancements Type: Invitation to Bid Issue Date: 11/27/2022 Deadline: 12/20/2022 02:00 PM (CT) Notes: The City of Fayetteville, AR (owner) is accepting formal, sealed bids from properly qualified, experienced and licensed contractors for the trail restoration and signage improvements at Kessler Mountain Regional Park including, but not limited to, the installation and/or construction of stone trail armoring, wooden boardwalks, wooden pedestrian low bridges, grade reversals, and all other items set forth in the Contract Documents. All questions during the bidding process shall be addressed to Amanda Beilfuss, Purchasing Agent, at abeilfuss@fayetteville-ar.gov. Contact Information Contact: Amanda Beilfuss Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 5 pages Vendor: Rock Solid Trail Contracting Bid 22-47 Addendum 2 Rock Solid Trail Contracting Information Contact: Kyle McGurk Address: 8110 W Ford Springs Rd Bentonville, AR 72712 Phone: (920) 676-5175 Email: kyle@rocksolidtrails.com Web Address: www.Rocksolidtrails.com By submitting your response, you certify that you are authorized to represent and bind your company. Kyle Patrick McGurk Signature Submitted at 1211612022 10:05:28 AM (CT) Requested Attachments kyle@rocksolidtrails.com Email Bid 22-47, Required Signature Forms Required Signatures.pdf Please attach your completed forms. These documents can be found in the Project Manual, or as a convenience file in the 'Attachments' tab titled "File #00" Bid 22-47, Bid Bond Executed Bid Bond.pdf Please attach a signed and completed copy of your bid bond. Bid bonds in the form of a cashier's check shall be delivered to City Hall, Purchasing Division before bid deadline and have a copy of the cashier's check uploaded. Bid Lines `l Packaae Header I Kessler Park Trail Enhancements Quantity: 1 Total: $75,465.00 Package Items 1.1 Mobilization Quantity: 1 UOM: Lump Sum 1.2 Bonds and Insurance Quantity: 1 UOM: Lump Sum 1.3 Armoring (Drawing Sheet AR-1) Quantity: 130 UOM: LF 1.4 Low Bridge (Drawing Sheet LB-1) Quantity: 30 UOM: LF 1.5 Armoring (Drawing Sheet AR-2) Quantity: 15 UOM: LF 1.6 Armoring (Drawing Sheet AR-3) Quantity: 8 UOM: LF 1.7 Low Bridge (Drawing Sheet LB-2) Quantity: 20 UOM: LF Price: I Total: 1 $800.00 Price: 1 Total: 1 $1,495.00 Price: I Total: 1 $10,725.00 Price: I Total: 1 $2,970.00 Price: I Total: 1 $1,237.50 Price: I Total: 1 $660.00 Price: I Total: 1 $1,980.00 Page 2 of 5 pages Vendor: Rock Solid Trail Contracting Bid 22-47 Addendum 2 1.8 Low Bridge (Drawing Sheet LB-3) Quantity: 25 UOM: LF 1.9 Armoring (Drawing Sheet AR-4) Quantity: 15 UOM: LF 1.10 Armoring (Drawing Sheet AR-5) Quantity: 40 UOM: LF 1.11 Ground Decking (Drawing Sheet GD-1) Quantity: 50 UOM: LF 1.12 Low Bridge (Drawing Sheet LB-4) Quantity: 25 UOM: LF 1.13 Low Bridge (Drawing Sheet LB-5) Quantity: 20 UOM: LF 1.14 Ground Decking (Drawing Sheet GD-2) Quantity: 45 UOM: LF 1.15 Armoring (Drawing Sheet AR-6) Quantity: 30 UOM: LF 1.16 Armoring (Drawing Sheet AR-7) Quantity: 30 UOM: LF 1.17 Armoring (Drawing Sheet AR-8) Quantity: 45 UOM: LF 1.18 Armoring (Drawing Sheet AR-9) Quantity: 30 UOM: LF 1.19 Armoring (Drawing Sheet AR-10) Quantity: 5 UOM: LF 1.20 Armoring (Drawing Sheet AR-11) Quantity: 20 UOM: LF 1.21 Armoring (Drawing Sheet AR-12) Quantity: 20 UOM: LF 1.22 Armoring (Drawing Sheet AR-13) Quantity: 20 UOM: LF 1.23 Armoring (Drawing Sheet AR-14) Quantity: 10 UOM: LF 1.24 Armoring (Drawing Sheet AR-1 5) Quantity: 10 UOM: LF 1.25 Armoring (Drawing Sheet AR-16) Quantity: 10 UOM: LF 1.26 Armoring (Drawing Sheet AR-17) Quantity: 50 UOM: LF Price: I Total: 1 $2,475.00 Price: I Total: 1 $1,237.50 Price: I Total: 1 $3,300.00 Price: I Total: 1 $600.00 Price: I Total: 1 $2,475.00 Price: I Total: 1 $1,980.00 Price: I Total: 1 $540.00 Price: I Total: 1 $2,475.00 Price: I Total: 1 $2,475.00 Price: I Total: 1 $3,712.50 Price: I Total: 1 $2,475.00 Price: I Total: 1 $412.50 Price: I Total: 1 $1,650.00 Price: I Total: 1 $1,650.00 Price: I Total: 1 $1,650.00 Price: I Total: 1 $825.00 Price: I Total: 1 $825.00 Price: I Total: 1 $825.00 Price: I$82.50 Total: 1 $4,125.00 Page 3 of 5 pages Vendor: Rock Solid Trail Contracting Bid 22-47 Addendum 2 504 1.27 Armoring (Drawing Sheet AR-18) Quantity: 20 UOM: LF Price: $82.50 Total: $1,650.00 1.28 Low Bridge (Drawing Sheet LB-6) Quantity: 40 UOM: LF Price: $99.00 Total: $3,960.00 1.29 Armoring (Drawing Sheet AR-19) Quantity: 35 UOM: LF Price: $82.50 Total: $2,887.50 1.30 Armoring (Drawing Sheet AR-20) Quantity: 15 UOM: LF Price: $82.50 Total: $1,237.50 1.31 Armoring (Drawing Sheet AR-21) Quantity: 15 UOM: LF Price: $82.50 Total: $1,237.50 1.32 Armoring (Drawing Sheet AR-22) Quantity: 40 UOM: LF Price: $82.50 Total: $3,300.00 1.33 Armoring (Drawing Sheet AR-23) Quantity: 15 UOM: LF Price: $82.50 Total: $1,237.50 1.34 Grade Reversal (Drawing Sheet GR-1) Quantity: 1 UOM: Each Price: $90.00 Total: $90.00 1.35 Grade Reversal (Drawing Sheet GR-2) Quantity: 1 UOM: Each Price: $90.00 Total: $90.00 1.36 Grade Reversal (Drawing Sheet GR-3) Quantity: 2 UOM: Each Price: $90.00 Total: $180.00 1.37 Grade Reversal (Drawing Sheet GR-4) Quantity: 2 UOM: Each Price: $90.00 Total: $180.00 1.38 Open Seating Area Quantity: 1 UOM: Lump Sum Price: $1,200.00 Total: $1,200.00 1.39 LB Armoring Approach (min 41-F) Quantity: 24 UOM: LF Price: $82.50 Total: $1,980.00 1.40 GD Armoring Approach (min 4LF) Quantity: 8 UOM: LF Price: $82.50 Total: $660.00 Package Header Deductive Alternates Quantity: 1 Total: No response Package Items 2.1 DEDUCTIVE ALTERNATE 1 Deductive Alternate 1 includes the removal of line items #1.7, #1.8, #1.12, #1.31, and #1.33 through #1.37 Quantity: 1 UOM: Lump Sum Price: $13,245.00 Total: $13,245.00 Page 4 of 5 pages Vendor: Rock Solid Trail Contracting Bid 22-47 Addendum 2 2.2 DEDUCTIVE ALTERNATE 2 Deductive Alternate 2 includes the removal of line items #1.11, #1.13, #1.14, and #1.28 Quantity: 1 UOM: Lump Sum 2.3 DEDUCTIVE ALTERNATE 3 Price: 1 Total: 1$6,420.00 Deductive Alternate 3 includes the removal of line items #1.4, #1.32, and #1.38 Quantity: 1 UOM: Lump Sum Price: 1 Total: 1$7,470.00 Response Total: $75,465.00 Page 5 of 5 pages Vendor: Rock Solid Trail Contracting Bid 22-47 Addendum 2 CONTRACTOR: (Name, legal status and address) Rock Solid Trail Contracting, LLC PO Box 139 Copper Harbor, MI 49918 OWNER: (Name, legal status and address) City of Fayetteville, Arkansas - Purchasing 113 W Mountain Street, Suite 306 Fayetteville, AR 72712 SURETY: (Name, legal status and principal place of business) Merchants National Bonding, Inc. PO Box 14498 Des Moines, IA 50306-3498 BOND AMOUNT: Five Percent (5%) of Amount Bid PROJECT: (Name, location or address, and Project number, if ally) Kessler Mountain Trail Improvements, BID #22-47 Fayetteville, AR hsequences. Consultation with attorney is encouraged with pect to its completion or singular reference to tractor, Surety, Owner or r patty shall be considered d where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to die Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform die work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and tlhe Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractors bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbo.orel makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that t the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. 1 When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 15th day of December. 2022. Rock Solid Tra' ontractino. LLC (Principal) tness) / `Y6`P,ri > �l P14, (Title) (Seal) Merchants National Bondina, Inc. l- Ct r (Surety) t,P�'f j�, t i! CalAnderta:' (Witness) -y it lidta Jorgenson, Attorueydn- act By arrangement with the American Institute of Architects, the National Association of Surety Bond 2 Producers (NASBP) (wwwnasbp.org) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. State of County of On this personally comes ACKNOWLEDGMENT OF PRINCIPAL (Individual) day of in the year , before me to me known and known to me to be the person wh 's described in and executed the foregoing instrument, and acknowledges to me that he/she executed th same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL State of County of On this personally come(s) a member of the co -partnership of _ to me known and known to me to be the and acknowledges to me that he/she exec day of in the year , before me ,n'who is described in and executed the foregoing instrument, the same as the act and deed of the said co -partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation/LLC) State of I m Atog County of 96rV11 A.- On this �sT" day of 1 EE.�+Bc� , in the year zczz before me personally come(s) A*IY to me known, who being duly sworn, deposes and says that he/sherresides in the City of 6PPa 14v&t , that he/she -is the OtS=oAw- of the 12ock SotirnTeasrLwteAs�nlG , I.LC , the corporation described in and which executed the foregoing instrument, 00"F Swq/y `aoTARY PUBLIC #12718954 and that hemsigned hisawmame thereto by like order, Notary Public MERCHANTS�+� BONDING COMPANY-° POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Jack Anderson; Rita Jorgenson their true and lawful Altorney(s}in-Fact. to sign its name as surely(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or Permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors or Merchants Bonding Company (Mutual) on April 23. 2011 and amended August 14, 2015 and adopted by the Board or Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed' In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surely company of any of Its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of February , 2020 1AG Co ' y?OVLp O%�'•ep•; .gip?O9 'O.y •• MERCHANTS BONDING COMPANY (MUTUAL) �:•4 t�._y: h •V 9•,;.Z� MERCHANT NATIONAL BONDING, INC. ;<: •a: Y. J`•. 2003 O : y: 1433 ;•Y By a • President STATE OF IOWA .........• •" COUNTY OF DALLAS ss. On this 11th day of February 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �4g1A[0tn POLLY MASON o v Commission Number750576 ? My Commission Expires January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 15th day of December 2022. 'S10Nq '• \NO Cp ...........1a0........ 7fo • // fJ� :1,:'pO�POR4r':y's :•mo•��APOgq�9y. `jir� c/ G✓ 0- Qi� •z. 013• `i, 1933 : C: Secretary 41003N. POA 0018 (1120) "" ACKNOWLEDGEMENT OF SURETY STATE OF MINNESOTA COUNTY OF CHIPPEWA On this 15 th day of December , 2022 , before me, a Notary Public within and for said County, personally appeared Rita Jorgenson to me personally known, who being by me duly sworn he/she did say that he/she is the attorney -in -fact of Merchants National Bonding, Inc. , the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Rita Jorgenson acknowledged said instrument to be the free act and deed of said corporation, NOTARYPUSLIC 1,,,; My Commission Expires �r3f'ao2So CARA :Ioo LSON Iff Notary Pu6LIJS0 ota Cammdelou nn31, 2028 Bid Bond Result Form Principal: Rock Solid Trail Contracting, LLC PO Box 139 Copper Harbor MI 49918 You have received a bid bond for the project described below. The Surety Company needs the results of this bid before issuance of further bonds. If you do not know the result, other than your own bid amount, please indicate this when returning it. Thank you for your cooperation. Reference #: 79016 Bond Number: Estimate: $81,241.25 If your bid Increases by 10% or more from the estimate given, contact our office for approval prlor to the bid letting Description: Please fill in firm name and their bid price ( also, check off the winning bid ) Lowest Bidder $ 2nd Lowest Bidder $ 3rd Lowest Bidder $ IF YOUR BID IS NOT LISTED ABOVE, WHAT WAS YOUR PRICE COMMENTS: Dated: M Title: Please return this form either via email or fax to: goldleaf@goldleafsurety.com (320) 269-6287 CITY OF .� FAYETTEVILLE ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. ® 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in -person delivery to the City Purchasing Division. o Upload 5% bid bond to the City's electronic bidding platform (preferred) OR attach bid bond with physical submittal and deliver in -person to the City Purchasing Division. ®All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. ®All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents All bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical sealed bid to the location listed below. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffavettevillear. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. All bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division —Suite 306 113 W. Mountain Fayetteville, AR 72701 ® Additional Information Required: • List of Subcontractors: Submit form on Ion Wave or attach if submitting a physical bid • AR Secretary of State Filing: /VIA or submit on the City's electronic bidding platform • Arkansas Contractor License#: 03$0 9'60ua3 or submit on the City's electronic bidding platform • Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. o Circle applicable answer: yE or NO Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701 City of Fayetteville Bid 22-47, Construction — Kessler Park Trail Enhancements Required Signature Forms A DUPLICATION OF THIS FORM (REQUIRED SIGNATURE FORMS) IS ALSO BEING PROVIDED AS A SEPARATE FILE, ON THE CITY'S ONLINE BIDDING PLATFORM, AS A CONVENIENCE TO BIDDERS TO ASSIST WITH BID PREPARATION AND SUBMISSION. THIS FILE IS BEING PROVIDED AND TITLED AS "FILE #00— REQUIRED SIGNATURE FORMS" EXECUTION OF BID - All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal (www.favetteville-ar.gov/bids) and complete and submit all required information, which may include: • Bid Attributes • Bid Line Items — Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Signature Forms (this form, completed in its entirety) o Completed and Signed Bid Bond (as stated in the Bid Form) Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City's online bidding portal (www.favetteville-ar.gov/bids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701 4. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 5. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926—Subpart P— Excavations. 9. As a bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Rocr< So\,a Trctik Cor\ 'rac;%nc "C' Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name N Fk {� ' *BUSINESS ADDRESS: CJ f 1 O W �or d S!pC 6 k�q Inc *CITY: P.nVon Ale. *STATE: AR *PHONE: 9c_0-676 - S t TS FAX: N p+ *E-MAIL: Kyle@cocksol:di,a 1r, cow *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: ell *TITLE: Pro, ecJ A an n *ZIP: / GL7 I`k UNIQUE ENTITY NUMBER: CAGE NUMBER: *TAX ID NUMBER: 14 6- 5 © OQ 751 AR CONTRACTORS LICENSE #: 03 g4DtS605a3 Acknowledge Addendums: Addendum No. Dated: )a''O7/a'a`Acknowledged by: Addendum No. a Dated: ��` �y °Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Telecommunications Device for the Deaf TDD(479)521-1316 Acknowledged by: End of Section 113 West Mountain -Fayetteville, AR 72701 12/15/11 Page 1 of SPONSOR SUPPLEMENT TO PROPOSAL ANTI -COLLUSION AND DEBARMENT CERTIFICATION FAILURE TO EXECUTE AND SUBMIT THIS CERTIFICATION SHALL RENDER THIS BID NONRESPONSIVE AND NOT ELIGIBLE FOR AWARD CONSIDERATION. As a condition precedent to the acceptance of the bidding document for this project, the bidder shall file this Affidavit executed by, or on behalf of the person , firm, association, or corporation submitting the bid. The original of this Affidavit shall be filed with the SPONSOR at the time proposals are submitted. AFFIDAVIT I hereby certify, under penalty of perjury under the laws of the United States and/or the State of Arkansas, that the bidder listed below has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid for this project, is not presently barred from bidding in any other jurisdiction as a result of any collusion or any other action in restraint of free competition, and that the foregoing is true and correct. Further, that except as noted below, the bidder, or any person associated therewith in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of Federal funds: a. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; b. has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; c. does not have a proposed debarment pending; and d. has not been indicted, convicted, or had an adverse civil judgment rendered by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. 12/15/11 Page 2 of 2 SPONSOR SUPPLEMENT TO PROPOSAL ANTI -COLLUSION AND DEBARMENT CERTIFICATION FAILURE TO EXECUTE AND SUBMIT THIS CERTIFICATION SHALL RENDER THIS BID NONRESPONSIVE AND NOT ELIGIBLE FOR AWARD CONSIDERATION. EXCEPTIONS: APPLIED TO INITIATING AGENCY DATES OF ACTION Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. Providing false'information may result in criminal prosecution or administrative sanctions. Job No. f3;,j �?,a-N 7 F.A.P. No. la�ly�a.oaa_ (Date Executed) MG(:;(/riz� (Name of Bidder) - F (Signature) Pro;re.�k /man ocA� r (Title of Person Sighing) The following Notary Public certification is OPTIONAL and may or may not be completed at the contractor's discretion. State of County of (Title) )ss. being duly sworn, deposes and says that he is of and that the above statements are true and correct. Subscribed and Sworn to before me this My commission expires: day of (Name of Bidder) 20 (Notary Public) (NOTARY SEAL) 7/26/96 Page 1 of 1 SPONSOR SUPPLEMENT TO PROPOSAL CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective contractor certifies, by signing and submitting this proposal, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on his or her behalf, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal -Aid contract, the prospective contractor shall complete and submit Standard Form-LLL, 'Disclosure of Lobbying Activities", in accordance with its instructions. (Available from Arkansas State Highway and Transportation Department, Programs and Contracts Division). This Certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This Certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. During the period of performance of this contract, the contractor and all lower tier subcontractors must file a Form-LLL at the end of each calendar year quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any previously filed disclosure form. Any person who fails to file the required Certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. The prospective contractor also agrees by submitting his or her proposal that he or she shall require that the language of this Certification be included in all lower tier subcontracts which exceed $100,000 and that all such subcontractors shall certify and disclose accordingly. 7/26/96 Page 1 of 1 SPONSOR SUPPLEMENT TO PROPOSAL CERTIFICATION THIS CERTIFICATION SHALL BE COMPLETED BY THE BIDDER AS PART OF THIS PROPOSAL The bidder (LOCK S,o)ir) �d�1 La,5- (ac�", }/proposed LLG N/� subcontractor hereby certifies that he has has not , participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that he has X , has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. (Currently, Standard Form 100 [EEO-1] is the only report required by the Executive Orders or their implementing regulations.) JOB NO. Q i c� -7 F.A.P. NO. lalw 12,01-1-� (Date Executed) R/o�/C SO�� Tra C0rs1rac,(\I LLG By. / v//fi om an?:� (Signature) Pr�ie�F tcoau (Title of Person(Signing) NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U. S. Department of Labor. City of Fayetteville, Arkansas wis CITY OF Purchasing Division — Room 306 FAYETTEVILLE 113 W. Mountain Fayetteville, AR 72701 A R K A N S A S Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Bid 22-47, Construction — Kessler Park Trail Enhancements DEADLINE: TUESDAY, November 15, 2022 before 2:00 PM, Local Time PRE -BID MEETING: Wednesday, November 2, 2022 at 10:00 AM on -site at Kessler Mountain Regional Park, 2600 W We 200, Fayetteville, AR 72701, at restroom pavilion SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov DATE OF ISSUE &ADVERTISEMENT: 10/23/2022 & 10/30/2022 No late bids shall be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. NOTICE TO ALL BIDDERS: All interested parties can obtain files for this project by going to http://favetteville-ar.gov/bids. Bid documents shall be distributed electronically from the City of Fayetteville Purchasing Division only. BID PACKAGE INCLUDES THE FOLLOWING FILES WHICH SHALL BE LISTED UNDER "ATTACHMENTS": FILE#00: REQUIRED SIGNATURE FORMS —8Total Pages FILE #01: PROJECT MANUAL —93 Total Pages FILE #02: DRAWINGS —43 Plan Sheets *Additional files added as addendums are issued. Addendums will be uploaded and posted to the City's electronic bidding platform. *PLAN HOLDER LISTINGS: A listing of vendors who have received documents can be found in the City's electronic bidding platform under the project section tab titled 'Plan Holders'. Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring http://fayetteville-ar.gov/bids. Failure to acknowledge addenda issued as instructed could result in bid rejection. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 THIS PAGE INTENTIONALLY LEFT BLANK Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 CITY OF _ FAYETTEVILLE ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. F-1 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in -person delivery to the City Purchasing Division. o Upload 5% bid bond to the City's electronic bidding platform (preferred) OR attach bid bond with physical submittal and deliver in -person to the City Purchasing Division. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. F-1 Total base bid should be calculated in the provided space. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted F-1 bid documents F-1 All bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical sealed bid to the location listed below. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/citvoffavetteviIlear. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. All bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72701 F-1 Additional Information Required: • List of Subcontractors: Submit form on Ion Wave or attach if submitting a physical bid • AR Secretary of State Filing: or submit on the City's electronic bidding platform • Arkansas Contractor License#: or submit on the City's electronic bidding platform • Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. o Circle applicable answer: YES or NO Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 THIS PAGE INTENTIONALLY LEFT BLANK Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas INVITATION TO BID Bid 22-47, Construction — Kessler Park Trail Enhancements The City of Fayetteville, AR (owner) is accepting formal, sealed bids from properly qualified, experienced and licensed contractors for the trail restoration and signage improvements at Kessler Mountain Regional Park including, but not limited to, the installation and/or construction of stone trail armoring, wooden boardwalks, wooden pedestrian low bridges, grade reversals, and all other items set forth in the Contract Documents. All questions during the bidding process shall be addressed to Amanda Beilfuss, Purchasing Agent, at abeilfuss@favetteville-ar.gov. A non -mandatory Pre -Bid meeting will be held on Wednesday, November 2, 2022 at 10:00 AM local time at Kessler Mountain Regional Park, 2600 W We 200, Fayetteville, AR 72701, at the central restroom pavilion. Information regarding the pre -bid meeting is available on the project page on the City's electronic bidding platform. All interested parties are encouraged to attend. The City will transmit to all prospective Bidders of record such Addenda in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Tuesday, November 15, 2022 before 2:00 PM, local time. Bidders may submit a bid by submitting electronically via the City's electronic bidding portal or by submitting a sealed, physical bid in person at the City of Fayetteville, Purchasing Division address listed below. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayettevi Ilear. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Each bid shall be accompanied by a cashier's check from a bank doing business in the State of Arkansas or a corporate bid bond in an amount not less than five (5%) percent of the amount bid. In the event a bidder opts to submit a cashier's check for a bid bond, the actual physical cashier's check shall be delivered to the City prior to the deadline. A one hundred percent (100%) performance and payment bond is required with the contract awarded. A State of Arkansas Contractor's License is not required at time of bid; however, an application for licensure shall be required at time of bid and an approved contractor's license shall be required before execution of contract. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period which shall not exceed beyond ninety (90) days from the bid opening date. The City hereby notifies all bidders that this contract is subject to the Code of Federal Regulations, Appendix II, Part 200, Contract Provisions for Non -Federal Entity Contracts under Federal Awards applies to this contract and includes but is not limited to termination for cause and for convenience, Equal Employment Opportunity, Davis -Bacon Act, Copeland Anti -Kickback Act, Contract Work Hours and Safety Standards Act, Clean Air Act, Debarment and Suspension regulations, conditions under the Byrd Anti -Lobbying Amendment, applicable labor laws, non-discrimination provisions, wage rate laws and other federal laws Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 including the Fair Labor Standards Act of 1938. The Work Hours Act of 1962, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and Title VI of the Civil Rights Act of 1964 also apply. Bidders are hereby notified of the NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246). All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. The City of Fayetteville, Arkansas hereby notifies all bidders that this contract is subject to applicable labor laws, non- discrimination provisions, wage rate laws and other federal laws including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962 and Title IV of the Civil Rights Act of 1964 also apply. Buy America' provisions apply to this project. Registration and good standing in the System for Award Management (SAM) will be required prior to contract execution. City of Fayetteville By: Amanda Beilfuss City Sr. Purchasing Agent P: 479.575.8220 Email: abeilfuss@favetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 10.23.2022 & 10.30.2022 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 THIS PAGE INTENTIONALLY LEFT BLANK Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 City of Fayetteville Bid 22-47, Construction — Kessler Park Trail Enhancements Required Signature Forms A DUPLICATION OF THIS FORM (REQUIRED SIGNATURE FORMS) IS ALSO BEING PROVIDED AS A SEPARATE FILE, ON THE CITY'S ONLINE BIDDING PLATFORM, AS A CONVENIENCE TO BIDDERS TO ASSIST WITH BID PREPARATION AND SUBMISSION. THIS FILE IS BEING PROVIDED AND TITLED AS "FILE #00 — REQUIRED SIGNATURE FORMS" EXECUTION OF BID - All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal (www.fayetteville-ar.gov/bids) and complete and submit all required information, which may include: Bid Attributes Bid Line Items — Bidders shall bid on all line items and not submit partial bids Response Attachments o Required Signature Forms (this form, completed in its entirety) o Completed and Signed Bid Bond (as stated in the Bid Form) Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City's online bidding portal (www.fayetteville-ar.gov/bids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 4. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 5. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 9. As a bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: *STATE: *PHONE: FAX: *E-MAIL: *ZIP: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: *TITLE: UNIQUE ENTITY NUMBER: CAGE NUMBER: *TAX ID NUMBER: AR CONTRACTORS LICENSE #: Acknowledge Addendums: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Acknowledged by: Acknowledged by: Acknowledged by: Acknowledged by: End of Section Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 City of Fayetteville Bid 22-47, Construction — Kessler Park Trail Enhancements General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/citVoffaVettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8256 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Bidder, by affixing his or her signature to this bid, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville encourages its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the Contractor based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. CERTIFICATE OF INSURANCE: The successful bidder shall provide a Certificate of Insurance in accordance with the following guidelines, prior to commencement of any work: $1,000,000 Commercial Liability, Statutory Worker's Compensation, and General Automotive, if applicable. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid, when applicable, throughout project completion. This bid is considered a public improvement bid. Public improvement bids shall submit certificates of insurance within 10 days of notice of notice to proceed, after City Council approval. Certificates of insurance are to be addressed to the City of Fayetteville, showing that the contractor carries the following insurance which shall be maintained throughout the term of the bid. Any work sublet; the contractor shall require the subcontractor similarly to provide the same insurance coverage. In case any employee engaged in work on the project is not protected under Workers' Compensation, the Contractor shall provide, and Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 shall cause each subcontractor to provide, adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. 26. PRICING: Pricing shall be submitted in a lump sum format unless otherwise changed by addendum. Bidders are required to submit pricing on entire project as a turn -key price. Bidders are strictly prohibited against submitting bids for partial scope. 27. NOTICE TO PROCEED: a. After contract award, the Contractor will provide the City with a 100% performance and payment bond, as required in the contract. b. Upon the City receiving and accepting the 100% Performance and Payment Bond, the City will issue a Purchase Order along with a Notice of Award (NOA). i. The Notice of Award shall serve as permission for the Contractor to order any materials needed to complete the project, specifically those with a long lead time. c. The City will coordinate with the Contractor on the timing of the Notice to Proceed being issued, which shall take into consideration the expected delivery of items with a long lead time. d. Calendar days for substantial and final completion shall not start until the day following the issuance of a Notice to Proceed. e. The City will make progress payments for materials delivered on site, after verification of delivered materials by City. 28. OTHER GENERAL CONDITIONS: a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshall not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind, nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. NOTE: Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having anyjurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 City of Fayetteville Bid 22-47, Construction — Kessler Park Trail Enhancements Instructions to Bidders 1. DEFINED TERMS a. Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. b. Bidder/Vendor - one who submits a Bid directly to City of Fayetteville as distinct from a sub -bidder, which submits a bid to a Bidder. c. Purchasing Division - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. d. Successful Bidder - the lowest, responsible, and responsive Bidder to whom the City of Fayetteville (on the basis of the City of Fayetteville's evaluation as hereinafter provided) makes an award. e. Contractor — the awarded bidder who has executed the contract for this project with the City of Fayetteville. 2. COPIES OF BIDDING DOCUMENTS a. Complete sets of Bidding Documents must be used in preparing Bids. City of Fayetteville assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. b. The City of Fayetteville, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. 3. EXAMINATION OF SITE AND CONTRACT DOCUMENTS a. Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville Purchasing Division and shall constitute all the information which the City of Fayetteville shall furnish. No other information given or sounding made by the City of Fayetteville or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications and estimates, or be binding on City of Fayetteville. Prior to submitting any Bid, Bidders shall: read carefully the specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make a compliant bid. b. Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 done, excavation, and materials required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds. c. Bidders shall promptly notify owner of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. d. Information and data shown or indicated in the Contract Documents with respect to existing underground facilities at or contiguous to the site, is based upon information and data furnished to City of Fayetteville by City of Fayetteville's such Underground Facilities or others, and City of Fayetteville do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. e. On request, City of Fayetteville will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies. f. Reference is made to the General Requirements for the identification of the general nature of work that is to be performed at the site by City of Fayetteville or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, and as available, City of Fayetteville will provide to each Bidder, for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work. g. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement. Without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents. Bidder has given owner written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by owner are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4. AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS a. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the Contract Documents. 5. INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA a. If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from any part of the proposed Contract Documents, he should submit a written request for interpretation thereof to the owner not later than seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt delivery. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 b. Interpretation or correction of proposed Contract Documents will be made only by Addendum to all holders of Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. City of Fayetteville will not be responsible for any other explanations or interpretations of the proposed Contract Documents. c. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of Fayetteville. d. Bidder assumes all responsibility for checking the City's online bidding portal at www.fayetteville- ar.gov/bids for updates and addenda issued to this project. 6. APPROXIMATE ESTIMATE OF QUANTITIES a. The provided estimate of quantities is approximate only and shall be the basis for receiving unit price bids for each item but shall not be considered by Bidders as actual quantities that may be required for the completion of the proposed work. However, such quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of Bids and aid in determining the low and responsive Bidder for the purpose of awarding the contract, and will be used as basis for fixing the amount of the required Bonds. 7. PRICES a. Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish completely all of the work as called for in the Specifications or indicated on the Drawings. b. Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville may be rejected at the discretion of City of Fayetteville. c. By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required and has reviewed the Drawings and Specifications to verify the full scope of the Work. a. Bids are due as indicated in the Advertisement for Bids. b. Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to Bidders may be rejected as informal or non -responsive at the option of City of Fayetteville. However, City of Fayetteville reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the best interest of City of Fayetteville. c. It is the sole responsibility of Bidder to see that the Bid is received on time. d. No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a partnership or other financial interest with him in the Bid, until after the bids have been opened. 9. DEDUCTIVE ALTERNATES a. NOTICE: BIDDERS ARE REQUIRED TO PROVIDE PRICING FOR ALL LINE ITEMS. FAILURE TO PROVIDE DEDUCTIVE ALTERNATE PRICING CAN RESULT IN BID REJECTION. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 b. THE CITY INTENDS TO AWARD THIS CONTRACT TO THE LOWEST QUALIFIED RESPONSIVE RESPONSIBLE BIDDER BASED ON THE LUMP SUM BID AS LONG AS SUCH BID FALLS WITHIN THE AMOUNT OF FUNDS CERTTFTED FOR THE PROJECT, PLUS 25%. c. IN THE EVENT NO BID FALLS WITHIN THE AMOUNT OF FUNDS CERTIFIED FOR THE PROJCET, PLUS 25%, THE CITY WILL UTILIZE THE DEDUCTIVE ALTERNATES IN ORDER UNTIL BIDS CAN BE COMPARED WITHIN THE AMOUNT CERTIFIED, PLUS 25%. d. IN THE EVENT ALL DEDUCTIVE ALTERNATES ARE SUBTRACTED AND NO BID FALLS WITHIN THE AMOUNT CERTIFIED, PLUS 25%, ALL BIDS WILL BE REJECTED. e. This bid includes three (3) deductive alternates. If deductive alternates are utilized, they shall be taken in order: i. DEDUCTIVE ALTERNATE 1 — Line Items 34 - 37 (Grade Reversal from Sections GR-1 through GR-4), Line Items 7, 8, and 12 (Low Bridges from Sections LB-2, LB-3, and LB-4), and Line Items 31 and 33 (Armoring from Sections AR-21 and AR-23) ii. DEDUCTIVE ALTERNATE 2 — Line Items 11 and 14 (Ground Decking from Sections GD-1 and GD-2), and Line Items 13 and 28 (Low Bridges from Sections LB-5 and LB-6) iii. DEDUCTIVE ALTERNATE 3 — Line Item 4 (Low Bridge from Section LB-1), Line Item 32 (Armoring from Section AR-22), and Line Item 38 (Open Seating Area from Section OSA) f. The City shall have the authority to negotiate an award with the apparent responsive responsible low bidder but only if the low bid is within twenty-five present (25%) of the certification of funds. 10. SIGNATURE ON BIDS a. If the Bid is made by an individual, the firm name shall be given, and the Bid Form signed by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member shall be given, and the Bid signed by a member of the partnership, or a person duly authorized. If the Bid is made by a company or corporation, the company or corporate name shall be given, and the Bid signed by an officer or agent duly authorized. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. b. All names must be typed or printed in black ink below the signature. c. The address and telephone number for communications regarding the Bid must be shown. d. Powers of attorney, properly certified, for agents and others to sign bids must be in writing and filed with City of Fayetteville. e. The Bid shall also contain a signed acknowledgment of receipt of all Addenda. 11. BID SECURITY a. A five percent (5%) bid security, in the form of a bid bond, or cashier's check from a bank located in the State of Arkansas, as stated in the Advertisement, shall accompany each bid. Bid bonds for the difference in price between low bidder and second low bidder shall not be acceptable. The Successful Bidder's security shall be retained until City of Fayetteville receives a signed Agreement and required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Selection, City of Fayetteville may annul the Notice of Selection and the Bid security of that Bidder will be forfeited. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 b. The City of Fayetteville reserves the right to retain the security until the Successful Bidder enters into the Contract or until sixty (60) days after bid opening, whichever is sooner. Cash equivalent security of the second and third low bidder may be exchanged for an equivalent bid bond after bid tabulations are complete or thirty (30) days after bid opening, whichever is sooner. 12. PERFORMANCE BOND AND PAYMENT BOND a. Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a payment Bond, equal to one hundred percent (100%) of the contract price. b. Contractor shall pay all expenses in connection with the obtaining of said Bonds. The Bonds shall be conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for labor and materials furnished or performed in the construction of such alterations and additions as prescribed in this contract. c. The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an amount greater than the underwriting limitations for the surety company as set out therein. d. In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said Bonds and filing with such Bonds his Power of Attorney as his authority. The mere countersigning of the Bonds shall not be sufficient. e. The date of the Bonds, and of the Power of Attorney, must not be prior to the date of the contract. At least two originals of the Bonds shall be furnished, each with Power of Attorney attached. f. Bonds are to be approved by City of Fayetteville. If any Bonds contracted for become unsatisfactory or unacceptable to City of Fayetteville after the acceptance and approval thereof, Contractor, upon being notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion of Contractor. g. The bonds shall be presented to the City after being file marked at the Washington County Circuit Clerk's Office. Multiple copies of the original bonds may be necessary for filing purposes. 13. CONTRACT TIME a. The number of days within which, or the dates by which the Work is to be substantially completed and ready for final payment, is outlined in the Bid Form. 14. SUBCONTRACTORS, SUPPLIERS, AND OTHERS a. Contractor shall not assign or sublet all or any part of this contract without the prior written approval of City of Fayetteville nor shall Contractor allow such subcontractor to commence work until approval of workman's compensation insurance and public liability insurance as may be required. Approval of each subcontract by City of Fayetteville will in no manner release Contractor from any obligations as set out in the Drawings, Specifications, contract, and Bonds. 15. SUBSTITUTE AND "OR EQUAL" ITEMS a. Any reference to a particular brand or manufacture is in an effort to establish an acceptable level of quality for this purchase. Brands or manufacturers that are included in a bid that are of at least equal quality, size and specification as to what has been specified, will be acceptable for consideration. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 16. COMPLIANCE WITH STATE LICENSING LAW a. A Contractor's License is required to bid this project, however, prior to executing the agreement with the City of Fayetteville, the Contractor shall be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors" for bids in excess of $50,000. 17. QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS a. To demonstrate qualifications to perform the Work, each Bidder shall be prepared to submit within five days after bid opening, upon City of Fayetteville's or owner's request, detailed written evidence such as financial data, present commitments, and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas. 18. DISQUALIFICATIONS OF BIDDERS a. Any one or more of the following may be considered as sufficient for the disqualification of bidders and the rejection of Bids. b. More than one Bid Form for the same work from an individual, firm, partnership, or corporation under the same or different names. c. Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. d. Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of work for which a bid price is required by the Bid Form, or failure to include all required contract documents. e. Lack of competency as revealed by the financial statement, experience, plant, and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. f. Uncompleted work which, in the judgment of City of Fayetteville, might hinder or prevent the prompt completion of additional work if awarded. g. Being in arrears on existing contracts, in litigation with City of Fayetteville, or having defaulted on a previous contract. 19. OPENING OF BIDS a. Bids will be opened and read aloud publicly in a room to be designated by City of Fayetteville the day of the bid opening and shall be livestreamed through the City of Fayetteville's YouTube page. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 20. CONSIDERATION OF BIDS a. After the bids are opened and read, the quantities will be extended and totaled in accordance with the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder. b. In evaluating Bids, City of Fayetteville will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Selection. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 c. City of Fayetteville may consider the qualifications and experience of 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 in the Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Selection. 21. RIGHT TO REJECT BIDS a. City of Fayetteville reserves the right to reject any and all Bids, to waive technicalities, and to advertise for new bids. All Bids are subject to this reservation. City of Fayetteville reserves to itself the right to decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the reputation, financial ability, experience and equipment of the Bidder. b. City of Fayetteville also reserves the right to waive informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. 22. AWARDING OF CONTRACT a. City of Fayetteville reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim against City of Fayetteville upon the contract until the contract is reduced to writing and signed by the contracting parties. The letting of a contract shall not be complete until the contract is executed, and the necessary Bonds approved. 23. SIGNING OF AGREEMENT a. When City of Fayetteville gives a Notice of Selection to the Successful Bidder, it will be accompanied by the number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions, with all other written Contract Documents attached. Within ten (10) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to City of Fayetteville with the required Bonds & Certificate of Insurance. Within ten (10) days thereafter City of Fayetteville shall deliver one fully signed counterpart to Contractor. 24. MATERIALS GUARANTY a. Before any contract is awarded Bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Work, together with samples, which may be subjected to tests provided for in the Specifications to determine their quality and fitness for the Work. 25. FAMILIARITY WITH LAWS a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. 26. ADDITIONAL LAWS AND REGULATIONS a. Bidders' attention is called to the following laws and regulations which may have an impact on the Work and on the preparation of the Bid. b. Americans with Disabilities Act. c. Storm water discharge regulations, enacted under the Clean Water Act and administered by the Arkansas Department of Environmental Quality (ADEQ) under a general permits program. Contractor may be required to obtain coverage under general permit ARR001000 prior to commencing work at the site. d. Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993. 27. CERTIFICATION OF FUNDS a. *NOTICE: BIDDERS ARE REQUIRED TO PROVIDE PRICING FOR ALL LINE ITEMS. FAILURE TO PROVIDE PRICING ON ALL LINE ITEMS CAN RESULT IN BID REJECTION. b. THE CITY INTENDS TO AWARD THIS CONTRACT TO THE LOWEST QUALIFIED RESPONSIVE RESPONSIBLE BIDDER BASED ON THE LUMP SUM BID AS LONG AS SUCH BID FALLS WITHIN THE AMOUNT OF FUNDS CERTTFTED FOR THE PROJECT, PLUS 25%. c. IN THE EVENT NO BID FALLS WITHIN THE AMOUNT CERTIFIED, PLUS 25%, ALL BIDS WILL BE REJECTED AND BECOME CONFIDIENTIAL. d. The City shall have the authority to negotiate an award with the apparent responsive responsible low bidder but only if the low bid is within twenty-five present (25%) of the certification of funds. 28. RETAINAGE a. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as City/Engineer shall determine, or the City of Fayetteville may withhold. b. 95% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by the City/Engineer, and if the character and progress of the Work have been satisfactory to the City/Engineer, the City may determine that as long as the character and progress of the Work subsequently remain satisfactory, there shall be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion shall be an amount equal to 100% of the Work completed less the aggregate of payments previously made. c. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to the City of Fayetteville. 29. SUBSTANTIAL AND FINAL COMPLETION a. The Work shall be substantially completed within 120 calendar days after the date when the contract commences and completed and ready for final payment in accordance with this Bid Form within 30 calendar days after the substantial completion date. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 30. LIQUIDATED DAMAGES a. The Contractor shall pay the City of Fayetteville liquidated damages for delay (not as a penalty). Contractor shall pay the City Two Hundred -Fifty Dollars ($250) for each calendar day that expires after the completion time/date as laid out in this Bid Form, for Final Completion until the Work is Complete. 31. MOBILIZATION a. The amount bid for the item of "Mobilization" shall not exceed 5% of the total contract amount for all items listed in the bid, or bid shall be rejected. 32. MISCELLANEOUS a. Contractor shall not perform any burning of materials or perform any blasting. b. If a dumpster is needed for this project, Contractor shall obtain a dumpster from the City of Fayetteville's Recycling and Trash Division. c. Work shall be performed during regular work hours, and Contractor shall not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without the City's written consent. End of Section Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 City of Fayetteville Bid 22-47, Construction — Kessler Park Trail Enhancements Scope of Work 1. Scope of Work a. This project includes, but is not limited to, trail restoration and signage improvements at Kessler Mountain Regional Park including the installation and/or construction of stone trail armoring, wooden boardwalks, wooden pedestrian low bridges, grade reversals, and any items necessary to complete the project as shown in the construction plans. b. Areas and quantities of work have been identified in the construction plans. c. Contractor shall construct and install all trail improvements as set out in the construction plans. 2. Contractor's Use of Premises a. Contractor will be limited to the areas designated by Project Manager as limits of construction. i. All Contractors shall perform work as specified in this bid on weekdays (M-F) from 7:00 AM to 6:00 PM unless otherwise approved by the Project Manager. b. No work shall begin until all agency approvals have been obtained. Note that work on this project is within the City of Fayetteville. The Contractor shall comply with all facets of the City's codes, ordinances, and technical manuals. The Contractor shall comply with the requirements of the Federal Clean Water Act and the Arkansas Water and Air Pollution Control Act 472. In the event of conflict between regulations, orders, decrees, or other provisions, the most restrictive requirement shall apply. 3. Work Sequence a. Contractor shall identify and locate all underground and above ground utilities in the project area prior to starting work. b. Contractor shall establish work schedules and work areas for construction of the project and all related work. Contractor shall provide work schedules to Project Manager prior to any construction activities. 4. Miscellaneous Requirements a. Before acquiring property or relocating utilities, contact the City and Arkansas Department of Transportation's Right of Way Division to obtain the procedures for acquiring right-of-way and adjusting utilities in conformance with federal regulations. NOTE: Failure to notify the Department prior to initiating these phases of work may result in all project expenditures being declared nonparticipating in federal funds. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 5. Attachments to Bid Documents a. Appendix A: FHWA-1273 SUP PLEMENTALSPECIFICATION & Required Contract Provisions b. Appendix B: Agreement of Understanding between City of Fayetteville and ARDOT c. Appendix C: Form LPA-017 (2 pages) 2 CFR Part 200 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS d. Appendix D: Form LPA-018 — Certification for Grants, Loans, and Cooperative Agreements e. Appendix E: Form LPA-005 — Full -Time Employee Designation f. Appendix F: Form LPA-019 — FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS g. Appendix G: Form LPA-022 — Sample Change Order Form h. Appendix H: Form LPA-023 — GUIDELINE FOR INSPECTION OF LOCALLY ADMINISTERED CONSTRUCTION CONTRACTS FOR TRANSPORTATION ALTERNATES PROGRAM (TAP) PROJECTS AND RECREATIONAL TRAILS PROGRAM (RTP) PROJECTS Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 APPENDIX A Title VI CONTRACT PROVISIONS During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to Title VI (Nondiscrimination in Federally -assisted programs of the Department of Transportation and its operating elements, especially Title 49, Code of Federal Regulations, Part 21 and 23 Code of Federal Regulations, as amended, and hereinafter referred to as the Regulations). These regulations are herein incorporated by reference and made a part of this contract. Title VI provides that the recipients of Federal financial assistance will maintain and implement a policy of nondiscrimination in which no person in the state of Arkansas shall, on the basis of race, color, national origin, sex, age, or disability, be excluded from participation in, denied the benefits of, or subject to discrimination under any program or activity by recipients of Federal financial assistance or their assignees and successors in interest. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the USDOT Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor or work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, or disability. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Arkansas State Highway & Transportation Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Arkansas State Highway & Transportation Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Arkansas State Highway & Transportation Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the contractor under the contract until the contractor complies, and/or (b) Cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Arkansas State Highway & Transportation Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Arkansas State Highway & Transportation Department to enter into such litigation to protect the interests of the State, and, litigation to protect the interest of the United States. TITLE VI CONTRACT PROVISIONS During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and Ill of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 168let seq). REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "it is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do SO. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, 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 contractual 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 paragraph 1.d. of this section; 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 classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll 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 paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, 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. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. 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. d. 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 or 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 of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency 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. In 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, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions 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 -Bacon 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 program 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 benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated 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 certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) 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: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) 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 indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) 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 Compliance" required by paragraph 3.b.(2) of this section. (4) 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. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed 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, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, 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 Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as 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 program. 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 determination 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 journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice 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 of 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. If 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 Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, 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. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. 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 program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed 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 classification of 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 Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. 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. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 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 shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained 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 shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require 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 forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency 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 any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs o construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amendec and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms 'covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant' refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 10 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1 c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. 7-26-96 FHWA-1273 Supplement Page 1 of 1 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY — NOTICE TO CONTRACTORS Elsewhere in this contract are three Supplemental Specifications on Equal Employment Opportunity designated as PR-1273 Supplements. They are (1) Specific Equal Employment Opportunity Responsibilities (23 U.S.C. 140), (2) Equal Employment Opportunity — Goals and Timetables, and (3) Equal Employment Opportunity — Federal Standards. This notice is to clarify the responsibilities for review of compliance and enforcement for these separate supplemental specification requirements. The first of the Supplemental Specifications cited above covers the requirements for the equal employment opportunity program under Title 23 for which the sponsor is responsible. The sponsor performs the necessary compliance review and enforcement of this supplemental Specification which is applicable to all contractors holding Federal -aid highway contracts. The latter two Supplemental Specifications are for the specific equal opportunity requirements for Executive Order 11246 which is the sole responsibility of the Office of Federal Contract Compliance Programs (OFCCP), Department of Labor. Review and enforcement under these Supplemental Specifications is performed by OFCCP. OFCCP has, under Paragraph 8 of the EEO Federal Standards Supplemental Specification, recognized the Arkansas AGC Heavy Highway Affirmative Action Plan as meeting the provisions of that Supplemental Specification and Supplemental Specification (2) cited above. With this recognition, those contractors signatory to the AGC Plan have been waived from individual review by OFCCP. However, OFCCP retains the right to review any such contractors whenever circumstances warrant. Also, contractors non -signatory to the AGC Plan are subject to OFCCP review under EO 11246. AHTD and OFCCP have agreed to work towards eliminating duplicative reviews on individual contractors; however, each agency may make reviews at any time notwithstanding the cited agreement. 7-26-96 FHWA-1273 Supplement Page 1 of 5 FHWA-1273 SUPPLEMENTAL SPECIFICATION SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 1137S are set forth in Required Contract Provisions (Form FHWA-1273 and Supplements) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal - Aid Highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract Provisions. The initial measure of the contractor's good faith efforts to comply with these Special Provisions shall be its efforts to meet the goals set forth in the 'Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)' for minority and female participation expressed in percentage terms for the contractor's work force in each trade on this project. b. The contractor will work with the sponsor and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. C. The contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection I of the Federal - Aid Highway Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, age, disability, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program: It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, age, disability, or national origin. Such action shall include: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The contractor will designate and make known to the sponsor contracting officers an equal employment opportunity officer (hereinafter referred to as the EEO Officer) who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: 7-26-96 FHWA-1273 Supplement Page 2 of 5 FHWA-1273 SUPPLEMENTAL SPECIFICATION SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official covering all major aspects of the contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the contractor. (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the contractor's procedures for locating and hiring minority and female employees. b. In order to make the contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the contractor will take the following actions: (1) Notices and posters setting forth the contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment, and potential employees. (2) The contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment a. When advertising for employees, the contractor will include in all advertisements for employees the notation: 'An Equal Opportunity Employer.' All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority and female applicants, including, but not limited to, State employment agencies, schools. colleges, and minority group organizations. To meet this requirement, the contractor will, through his EEO Officer, identify sources of potential minority and female employees, and establish with such identified sources procedures whereby minority and female applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority and female applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In, addition, information and procedures with regard to referring minority and female applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, 7-26-96 FHWA-1273 Supplement Page 3 of 5 FHWA-1273 SUPPLEMENTAL SPECIFICATION SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) color, religion, sex, age, disability, or national origin. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. C. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship and on- the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training, In the event the Optional Training Special Provision is provided under this contract, this subparagraph will be superseded by that Special Provision. C. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the union and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below, a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, age, disability, or national origin. C. The contractor is to obtain information as to the referral practices and policies of the labor union, except that to the extent such information is within the exclusive ion of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the sponsor and shall set forth what efforts have been made to obtain such information. 7-26-96 FHWA-1273 Supplement Page 4 of 5 FHWA-1273 SUPPLEMENTAL SPECIFICATION SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, age, disability, or national origin, making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the sponsor. 9. Subcontracting. a. The contractor's attention is called to the Special Provision on Disadvantaged Business Enterprises in Federal -Aid Highway Construction. b. The contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The contractor will keep such records as are necessary to determine compliance with the contractor's equal employment opportunity obligations. The records kept by the contractor will be designed to indicate: (1) the number of minority and non - minority group members and women employed in each work classification on the project, (2) the progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force), (3) the progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) the progress and efforts being made in securing the services of Disadvantaged Business Enterprises or subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the sponsor and the Federal Highway Administration. C. The contractors will submit an annual report to the State Highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. Ibis information is to be reported on Form PR 1391. 11. Corrective Action Plans. The contractor understands that a designated representative of the sponsor will periodically review compliance by the contractor with all contractual provisions incorporated pursuant to Executive Order 11246, as amended, and Federal Highway Administration Equal Employment Opportunity Special Provisions implementing the Federal -Aid Highway Act of 1968, where applicable. In the event that the designated representative of the sponsor finds that the contractor has failed to comply with any of the aforementioned contractual provisions, he will notify the contractor of this finding in writing A declaration of default will result in the suspension of all future payments. No declaration of default will be made if the sponsor and the contractor formally agree to enter into a corrective action plan setting out the specified steps and timetables the contractor will be contractually obligated to perform in order to re-establish his 7-26-96 FHWA-1273 Supplement Page 5 of 5 FHWA-1273 SUPPLEMENTAL SPECIFICATION SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) compliance. 'Ibis collective action plan, in order to be accepted by the sponsor, shall include the following mandatory enforcement language: "If, at any time in the future, the Office of Federal Contract Compliance Programs or the Federal Highway Administration or the Arkansas State Highway Commission or their successor(s) believe that (name of contractor) has violated any portion of this agreement, (name of contractor) shall be promptly notified of the fact in writing. This notification shall include a statement of the facts and circumstances relied upon in forming that belief. In addition, the notification shall provide name of contractor with 15 days to respond in writing to the notification except where the Office of Federal Contract Compliance Programs, the Federal Highway Administration or the Arkansas State Highway Commission alleges that such delay would result in irreparable injury. It is understood that enforcement proceedings for violation of this agreement may be initiated at any time after the 15- day period has elapsed (or sooner if irreparable injury is alleged) without issuance of a show cause notice." "It is recognized that where the Office of Federal Contract Compliance Programs and/or the Federal Highway Administration and/or the Arkansas State Highway Commission believes that name of contractor has breached this agreement, evidence regarding the entire scope of (name of contractor) alleged noncompliance from which this agreement resulted, in addition to evidence regarding name of contractor alleged violation of this agreement, may be introduced at the enforcement proceeding." "Violation of this agreement may subject name of contractor to sanctions pursuant to the Arkansas State Highway Commission contract administration procedures. It is further recognized that liability for violation of this agreement may also subject name of contractor) to sanctions set forth in Section 209 of Executive Order 11246, as amended, and/or appropriate relief." The contractor will submit quarterly reports to the sponsor as a result of any deficiencies cited during an equal employment opportunity compliance review. The reports will indicate the affirmative action steps taken to correct the deficiencies. Instructions for submission of the reports will be furnished by the Equal Employment Opportunity Section. 7-26-96 FHWA-1273 Supplement Page 1 of 2 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY - GOALS & TIMETABLES NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Bidder's attention is called to the 'Equal Opportunity Clause' and the `Standard Federal Equal Employment Specifications' set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in covered area, are as follows: IMA1INM?aW91E- V COUNTY Arkansas 16.4% Ashley 16.4% Baxter 3.3% Benton 3.3% Boone 3.3% Bradley 16.4% Calhoun 16.4% Carroll 3.3% Chicot 16.4% Clark 16.4% Clay 26.5% Cleburne 16.4% Cleveland 16.4% Columbia 20.2% Conway16.4% Craighead 26.5% Crawford 5.6% Crittenden 32.3% Cross 26.5% Dallas 16.4% Desha 16.4% Drew 16.4% Faulkner 16.4% Franklin 6.6% Fulton 16.4% Garland 16.4% Grant 16.4% Greene 26.5% Hempstead 20.2% Hot Spring 16.4% Howard - 20.2% Independence 16.4% Izard 16.4% Jackson 16.4% Jefferson 31.2% Johnson 16.4% Lafayette 20.2% Lawrence 26.5% Lee 26.5% Lincoln 16.4% Little River 19.7% Logan 6.6% Lonoke 16.4% Madison 3.3% Marion 3.3% Miller 19.7% Mississippi 26.5% Monroe 16.4% Montgomery 16.4% Nevada 20.2% Newton 3.3% Ouachita 16.4% Perry 16.4% Phillips 26.5% Pike 20.2% Poinsett 26.5% Polk 6.6% Pope. 16.4% Prairie 16.4% Pulaski 15.7% Randolph 26.5% Saline 15.7% Scott 6.6% Searcy 3.3% Sebastian 5.6% Sevier 20.2% Sharp 16.4% Stone 16.4% St. Francis 26.5% Union 16.4% Van Buren 16.4% Washington 3.3% White 16.4% Woodruff 16.4% Yell 16.4% FEMALES Statewide - 6.9% 7-26-96 FHWA-1273 Supplement Page 2 of 2 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY — GOALS & TIMETABLES NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in the Notice, and in the contract resulting from this solicitation, the `covered area' is as described in the Proposal Form for this project. 7-26-96 FHWA-1273 Supplement Page 1 of 4 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY — FEDERAL STANDARDS STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs United States Department of Labor, or any person to whom the Director delegates authority; C. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: i. Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); ii. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); iii. Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and iv. American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations and on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall Good Faith performance by other Contractors or subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective 7-26-96 FHWA-1273 Supplement Page 2 of 4 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY — FEDERAL STANDARDS STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on - site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. C. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees before the start of work and then not less often than once every six months; and by posting the company EEO policy on bulletin 7-26-96 FHWA-1273 Supplement Page 3 of 4 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY — FEDERAL STANDARDS STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) boards accessible to all employees at each location where construction work is performed. g. Review the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on - site supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site and then not less often than once every six months. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above describing the openings, screening procedures, and test to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. in. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from disadvantaged business enterprise construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union, contractor community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the 7-26-96 FHWA-1273 Supplement Page 4 of 4 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY — FEDERAL STANDARDS STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even thou-h the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, national origin, age or disability. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Employment Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee. helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 16. In addition to the reporting requirements set forth elsewhere in this contract, the contractor and the subcontractors holding subcontracts not including material suppliers, of $10,000 or more, shall submit for every month of July during which work is performed employment data as contained under Form PR-1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. 7/26/96 Rev. 2/ 11 /98 Rev. 2/20/03 Rev. 7/27/06 Rev. 10/24/06 Rev. 9/16/13 FHWA-1273 SUPPLEMENTAL SPECIFICATION POSTERS AND NOTICES REQUIRED FOR FEDERAL -AID PROJECTS POSTER OR DOCUMENT REQUIRED REQUIRED BY WHERE TO OBTAIN Equal Employment Opportunity is the Law U.S. Department of Labor A.H.T.D. Resident Engineer (OFCCP) FHWA-1273 Supplement Page 1 of 3 --------------------------------------------------------------------------------------------------------------------------------------------------------------------- 2. Company EEO Policy U. S. Department of Labor Contractor to Prepare: (prepared by the Contractor on the Company's letterhead) (OFCCP) a. b. C. d. e. f. 9. *h *Union Contractors Only EEO policy statement. Notice encouraging employees to refer minority and female applicants for employment. Notice informing employees of an available training program and the entrance requirements. Complaint procedures Notice identifying company EEO officer by name, including address and telephone number where EEO officer can be located. Work environment statement. Certification of nonsegregated facilities Notice to unions disseminating EEO commitments and responsibilities and requesting their cooperation. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 3. Current Wage Rates (PR-1273 Supplement) U. S. Department of Labor Contained in contract. Extra copies may be obtained or SS Revisions of PR-1273 for Off -System from Programs and Contracts Division - A.H.T.D. Projects --------------------------------------------------------------------------------------------------------------------------------7------------------------------------------- 4. "Employee Rights Under the Davis -Bacon Act" U. S. Department of Labor A.H.T.D. Resident Engineer (WH 1321) 7/26/96 Rev. 2/ 11 /98 Rev. 2/20/03 Rev. 7/27/06 Rev. 10/24/06 Rev. 9/16/13 FHWA-1273 SUPPLEMENTAL SPECIFICATION POSTERS AND NOTICES REQUIRED FOR FEDERAL -AID PROJECTS POSTER OR DOCUMENT REQUIRED REQUIRED BY WHERE TO OBTAIN "Employee Rights Under the Davis -Bacon Act" U. S. Department of Labor (WH 1321 SPA) A.H.T.D. Resident Engineer FHWA-1273 Supplement Page 2 of 3 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 6. Minimum Wage Rate (WH 1088) U. S. Department of Labor A.H.T.D. Resident Engineer ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 7. "NOTICE" Federal Aid Projects U. S. Department of Transportation A.H.T.D. Resident Engineer (PR-1022) (FHWA) ---------------- 8. ----------------------------------------------------------------------------------------------- Job Safety and Health Protection U. S. Department of Labor ------------------------------------------------------------- A.H.T.D. Resident Engineer OSHA 3165 (OSHA) ---------------- 9. ----------------------------------------------------------------------------------------------- Job Safety and Health Protection U. S. Department of Labor ------------------------------------------------------------- A.H.T.D. Resident Engineer OSHA 3167 (OSHA) ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 10. Emergency Phone Numbers of Doctors, Hospital and U. S. Department of Labor A.H.T.D. Resident Engineer Ambulance near Job Site for referring injured employees. (OSHA) ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 11. WCC Form AR-P State of Arkansas Insurance Carrier Workers Compensation Notice and Instructions to Employers and Employees Self -Insurer State of Arkansas Administrator - Self -Insured Group ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 12. Log and Summary of Occupational Injuries and Illnesses U. S. Department of Labor A.H.T.D. Resident Engineer (OSHA Form 300). (OSHA) The Summary portion must be posted from February 1 to Public Law 91-596 April 30, of the year following the year covered by the form. 7/26/96 Rev. 2/ 11 /98 Rev. 2/20/03 Rev. 7/27/06 Rev. 10/24/06 Rev. 9/16/13 FHWA-1273 SUPPLEMENTAL SPECIFICATION POSTERS AND NOTICES REQUIRED FOR FEDERAL -AID PROJECTS POSTER OR DOCUMENT REQUIRED REQUIRED BY WHERE TO OBTAIN 13. Family and Medical Leave Act of 1993 U. S. Department of Labor A.H.T.D. Resident Engineer (WH-1420) Employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year. FHWA-1273 Supplement Page 3 of 3 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 14. Employee Polygraph Protection Act (WH-1462) U. S. Department of Labor A.H.T.D. Resident Engineer ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 15. Your Rights Under USERRA (The Uniformed Services U. S. Department of Labor A.H.T.D. Resident Engineer Employment and Reemployment Rights Act) ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 16. Arkansas Department of Labor Notice to Employer & Arkansas Department of Labor A.H.T.D. Resident Engineer Employee ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 7-26-96 FHWA-1273 Supplement Page 1 of 1 FHWA-1273 SUPPLEMENTAL SPECIFICATION REVISIONS OF FHWA-1273 FOR OFF -SYSTEM PROJECTS All references to FHWA-1273 to minimum wage rates required by the Davis -Bacon Act are hereby deleted. Davis -Bacon minimum wage rates are not applicable to this contract. All other provisions of FHWA-1273 apply including the submittal of weekly payroll records. 12/15/11 Page 1 of 2 SPONSOR SUPPLEMENT TO PROPOSAL ANTI -COLLUSION AND DEBARMENT CERTIFICATION FAILURE TO EXECUTE AND SUBMIT THIS CERTIFICATION SHALL RENDER THIS BID NONRESPONSIVE AND NOT ELIGIBLE FOR AWARD CONSIDERATION. As a condition precedent to the acceptance of the bidding document for this project, the bidder shall file this Affidavit executed by, or on behalf of the person , firm, association, or corporation submitting the bid. The original of this Affidavit shall be filed with the SPONSOR at the time proposals are submitted. AFFIDAVIT I hereby certify, under penalty of perjury under the laws of the United States and/or the State of Arkansas, that the bidder listed below has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid for this project, is not presently barred from bidding in any other jurisdiction as a result of any collusion or any other action in restraint of free competition, and that the foregoing is true and correct. Further, that except as noted below, the bidder, or any person associated therewith in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of Federal funds: a. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; b. has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; c. does not have a proposed debarment pending; and d. has not been indicted, convicted, or had an adverse civil judgment rendered by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. 12/15/11 Page 2 of 2 SPONSOR SUPPLEMENT TO PROPOSAL ANTI -COLLUSION AND DEBARMENT CERTIFICATION FAILURE TO EXECUTE AND SUBMIT THIS CERTIFICATION SHALL RENDER THIS BID NONRESPONSIVE AND NOT ELIGIBLE FOR AWARD CONSIDERATION. EXCEPTIONS: APPLIED TO INITIATING AGENCY DATES OF ACTION Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. Providing false information may result in criminal prosecution or administrative sanctions. Job No. F.A.P. No. (Date Executed) (Name of Bidder) (Signature) (Title of Person Signing) The following Notary Public certification is OPTIONAL and may or may not be completed at the contractor's discretion. State of County of )ss. being duly sworn, deposes and says that he is of (Title) and that the above statements are true and correct. Subscribed and Sworn to before me this day of My commission expires: (Name of Bidder) , 20 (Notary Public) (NOTARY SEAL) 7/26/96 Page 1 of 1 SPONSOR SUPPLEMENT TO PROPOSAL CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective contractor certifies, by signing and submitting this proposal, to the best of his or her knowledge and belief, that: 1 No Federal appropriated funds have been paid or will be paid, by or on his or her behalf, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal -Aid contract, the prospective contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Available from Arkansas State Highway and Transportation Department, Programs and Contracts Division). This Certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This Certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. During the period of performance of this contract, the contractor and all lower tier subcontractors must file a Form-LLL at the end of each calendar year quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any previously filed disclosure form. Any person who fails to file the required Certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. The prospective contractor also agrees by submitting his or her proposal that he or she shall require that the language of this Certification be included in all lower tier subcontracts which exceed $100,000 and that all such subcontractors shall certify and disclose accordingly. 7/26/96 Page 1 of 1 SPONSOR SUPPLEMENT TO PROPOSAL CERTIFICATION THIS CERTIFICATION SHALL BE COMPLETED BY THE BIDDER AS PART OF THIS PROPOSAL The bidder proposed subcontractor hereby certifies that he has , has not , participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that he has , has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. (Currently, Standard Form 100 [EEO-1 ] is the only report required by the Executive Orders or their implementing regulations.) JOB NO. F.A.P. NO. (Company) (Signature) (Date Executed) (Title of Person Signing) NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U. S. Department of Labor. 1/6/16 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT SPECIAL PROVISION CARGO PREFERENCE ACT REQUIREMENTS The requirements of the Cargo Preference Act (CPA) and implementing regulations (46 CFR 381.7(a)-(b)) are applicable to this contract. For additional information, see the FHWA's web page: https://www. fhwa.dot. gov/construction/cgit/cargos APPENDIX B AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION In Cooperation with the U. S. Department of Transportation Federal Highway Administration RELATIVE TO Implementation of Job 040876, Fayetteville Kessler Mountain Trail (RTP-21) (S) (hereinafter called the "Project") as an Arkansas Recreational Trails Program (RTP) NonMotorized project. WHEREAS, funding in the Infrastructure Investment and Jobs Act (IIJA) includes 80% Federal - aid funds to be matched with 20% non-federal funds for approved RTP projects; and WHEREAS, the City of Fayetteville (hereinafter called "Sponsor") has expressed its desire to use Federal -aid funds for the eligible Project and to provide necessary matching for such funds; and WHEREAS, the Sponsor has transmitted to the Arkansas Department of Transportation (hereinafter called the "Department") Resolution No. 168-21 from the Sponsor's governing body authorizing the Sponsor's CEO or their designated representative to execute agreements and contracts with the Department for the Project; and WHEREAS, funding participation will be as follows, subject to a limit of $75,000 maximum Federal -aid approved for the Project: Maximum Minimum Federal % Sponsor % Project Design: 0 100 Right-of-Way/Utilities: 0 100 Project Construction: 80 20 Project Construction Inspection: 0 100 WHEREAS, the Sponsor understands that these funds have been awarded for specific project purposes, not for the Sponsor to utilize until expended; and WHEREAS, the Sponsor knows of no legal impediments to the completion of the Project; and WHEREAS, it is understood that the Sponsor and the Department will adhere to the General Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business Enterprises (DBEs) (Form LPA-001) and that, as part of these requirements, the Department may set goals for DBE participation in the Project ranging from 0% to 100% that are practical and related to the potential availability of DBEs in desired areas of expertise; and -1- Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation WHEREAS, the Department has published the Arkansas Local Public Agency Project Manual (available at ARDOT.gov) which outlines procedures and requirements which must be followed during development and construction of the Project; and WHEREAS, the parties agree, unless specifically stated otherwise, that the provisions of this agreement are not intended to created or confer a third party benefit or right in any person or entity, not a party to this agreement. IT IS HEREBY AGREED that the Sponsor and the Department, in cooperation with the Federal Highway Administration (FHWA), will participate in a cooperative program for implementation of the Project and will accept the responsibilities and assigned duties as described hereinafter. THE SPONSOR WILL: 1. Notify the Department in writing who the Sponsor designates as its full-time employee to be in responsible charge of the day to day oversight of the Project (Form LPA-005). If the designated full time employee changes, the Sponsor must notify the Department by resubmitting Form LPA-005. The duties and functions of this person are: • Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; • Maintains familiarity of day to day project operations, including project safety issues; • Makes or participates in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; • During construction, visits and reviews the project on a daily basis; • Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; • Directs project staff, Sponsor or consultant, to carry out project administration and contract oversight, including proper documentation; • Be aware of the qualifications, assignments and on-the-job performance of the Sponsor and consultant staff at all stages of the project. 2. Sponsors that require a reduction or modification to the scope of their project will submit the Revision of Project Scope and Budget (Form LPA-004) with the signed Agreement of Understanding. 3. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the project if the project includes design of structural components. (See Form LPA-003 for items to be included in the bid proposal.) Plans which include the design of only non -infrastructure components will not require a registered stamp. 4. Be responsible for any necessary coordination with affected railroads including preliminary and final plan review and for executing any formal railroad maintenance and construction agreements that may be necessary for the project. This includes ensuring that potential bidders are aware of railroad coordination required during construction including flagging services and insurance. 5. Submit plans at 30%, 60%, and 90% completion stages for Department review. -2- Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation 6. Submit the following deliverables for the Project by the listed deadline or risk possible cancellation of the Federal -aid award or significant delay of the Project. If a deadline is missed, the Sponsor may be required to submit a reason for the delay and request a time extension in writing. Deliverable Deadline Signed Agreement of Understanding for 60 Days from the Kick-off Meeting Execution by the Department 30% Complete Plans for Review 180 Days from the Kick-off Meeting 60% Complete Plans for Review 90 Days from the return of Department comments on previous set of plans 90% Complete Plans for Review 90 Days from the return of Department comments on previous set of plans Final Plans, Bid Documents, and 90 Days from the return of Department Request for Authority to Advertise comments on previous set of plans 7. Complete the process for all permits that might be required for the project. This could include, but is not limited to, the US Army Corp of Engineers Section 404 permit; and the Arkansas Department of Environmental Quality's Section 401 Water Quality Certification, Short Term Activity Authorization, and National Pollutant Discharge Elimination System permit. The Section 404 permitting application(s) and/or determination information should be submitted with the plans to the Department in order to aid in the completion of the environmental documentation. 8. Provide any necessary higher levels of investigation for the required environmental document should the Project have uncertain or significant cultural, environmental or social impacts; have a likelihood of generating controversy; and/or possible economic impacts. For projects located on federal lands, the Sponsor must submit a completed environmental document for the Project, approved by the agency with authority over the federal lands. 9. Comply with provisions of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, FHWA RTP Guidance, and any other Federal, State, and/or local laws, rules and/or regulations. (See Form LPA-003 for items to be included in the bid proposal). 10. Before acquiring property or relocating utilities, contact the Department's Right of Way Division to obtain the procedures for acquiring right-of-way and adjusting utilities in conformance with federal regulations. NOTE: Failure to notify the Department prior to initiating these phases of work may result in all project expenditures being declared non- participating in federal funds. 11. Acquire property in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). 12. Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the Sponsor's clear and unencumbered title to any right-of-way to be used for the Project and the land is accessible to the general public for recreational or transportation purposes (See Form LPA-007). If property has been acquired for the Project, use Form LPA-006 for certification of the right-of-way. -3- Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation 13. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 14. Submit a certification letter (Form LPA-008), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. 15. Refrain from any Project construction for which the Sponsor expects monetary reimbursement until a Notice to Proceed is received from the Department. 16. If the project is to be advertised, it must be done in accordance with federal procedures as shown in Form LPA-010. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. 17. Forward a copy of all addenda to the Project during the advertisement to the Department. 18. After bids are opened and reviewed, submit a certification (Form LPA-011), including all items noted, to the Department and request concurrence in award of the contract. 19. Prior to issuing the notice to proceed to the Contractor, the Sponsor must hold a pre - construction meeting with the Contractor and must invite the Department's Resident Engineer assigned to the Project. 20. Construct the Project in accordance to plans and specifications that were developed by the Sponsor, or the Sponsor's representative, and were reviewed and approved by the Department prior to the issuance of the Notice to Proceed. 21. Perform construction inspection in accordance with the Guideline for Inspection of Locally Administered Construction Contracts for Transportation Alternatives Program (TAP) Projects and Recreational Trails Program (RTP) Projects (Form LPA-023). 22. Make payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Construction Certification and Reimbursement Request (CCRR) form (Form LPA-014). For projects being constructed using the Sponsor's forces, reimbursement requests will also be submitted using the CCRR. Requests for reimbursement must be made at least once every three (3) months that construction projects are active in order to avoid being put on the FHWA inactive project list. 23. Attach Report of Daily Work Performed (Form LPA-015) for all days that correspond with each CCRR submittal. 24. Prior to executing the work, submit change orders (Form LPA-022) to the contract to the Department's Resident Engineer assigned to the project for review and approval for program eligibility. 25. Upon project completion hold a final acceptance meeting for the Project and submit the Final Acceptance Report form certifying that the Project was accomplished in accordance with the plans and specifications (Form LPA-016). This form must be signed by the engineer performing construction inspection on the Project, the Department's Resident Engineer Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation assigned to the project, the Sponsor's full-time employee in responsible charge, and the Sponsor's CEO. 26. Maintain accounting records to adequately support reimbursement with Federal -aid funds and be responsible for the inspection, measurement and documentation of pay items, and certification of all work in accordance with the plans and specifications for the Project and for monitoring the Contractor and subcontractor(s) for compliance with the provisions of FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements. 27. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or incidental to the construction of said work or used in the course of said work including but not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and 368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof. 28. Agree that any and all claims for damages to property or injury to persons caused by any act or omission, negligence, or misconduct from the performance of work by the Sponsor's contractor on the Project shall be the sole responsibility of the Sponsor's contractor and in this regard the Sponsor shall require the contractor on the Project to procure and maintain a General Public Liability Insurance Policy during the duration of the Project which shall be endorsed to include broad form general liability and complete operations coverage on the Project. The contractor shall furnish the Sponsor with documentation of proof of liability insurance coverage with submission of the signed contract. 29. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the Sponsor, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the Sponsor. Further, the Sponsor by acceptance of this grant, agrees that the Department and the Arkansas State Highway Commission, as the pass -through entity, have no duty or responsibility for the design, construction, maintenance or operation of the Project that is the subject of this grant, and, therefore shall have no liability related to the design, construction, maintenance or operation of the Project. The Sponsor also agrees to assume all risks associated with the work to be performed by its agents, employees, and contractors under this grant and Agreement and the Department and the Arkansas State Highway Commission, as the pass - through entity, shall not be responsible or liable for any damages whatsoever from the actions of the Sponsor, its employees, agents and contractors. 30. Assure that its policies and practices with regard to its employees, any part of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation. 31. Retain all records relating to inspection and certification, the Contractor's billing statements, and any other files necessary to document the performance and completion of the work in accordance with requirements of 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Form LPA-017). -5- Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation 32. Grant the right of access to Sponsor's records pertinent to this Project and the right to audit by the Department and Federal Highway Administration officials. 33. Be responsible for 100% of all project costs incurred should the Project not be completed as specified. 34. Be responsible for 100% of any and all expenditures for which federal funds do not participate or that are not approved for federal funds. 35. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Form LPA-018), which is necessary for Project participation. 36. Repay to the Department the federal share of the cost of any portion of this Project if, for any reason, federal participation is removed due to actions or inactions of the Sponsor, its agents, its employees, or its assigns or the Sponsor's consultants or contractors or their agents. Such actions or inactions shall include, but are not limited to, federal non -participation arising from problems with design plans, specifications, construction, change orders, construction inspection, or contractor payment procedures. The Sponsor understands and agrees that the Department may cause necessary funds to be withheld from the Sponsor's Motor Fuel Tax allotment should the Sponsor fail to pay to the Department any required funds, fail to complete the Project as specified, or fail to adequately maintain or operate the Project. 37. Repay all federal funds if this is determined necessary for any reason. 38. Retain total, direct control over the Project throughout the life of the improvements and not, without prior approval from the Department: • sell, transfer, or otherwise abandon any portion of the Project; • change the intended use of the Project as approved; • make significant alterations to any improvements constructed with Federal -aid funds; or • cease maintenance or operation of a project due to the Project's obsolescence. 39. Be responsible for satisfactory maintenance and operation of all improvements and for adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain and operate the Project in accordance with Federal -aid requirements may result in the Sponsor's repayment of Federal funds and may result in the withholding of all future Federal -aid funds. 40. Submit to the Department a Single Audit in accordance with the Office of Management and Budget (OMB) Circular A-133 each fiscal year that the Sponsor expends more than $500,000 of Federal -aid from any federal source including, but not limited to, the U.S. Department of Transportation. The fiscal year used for the reporting is based on the Sponsor's fiscal year. The $500,000 threshold is subject to change after OMB periodic reviews. 41. Promptly notify the Department if the Project is rendered unfit for continued use by natural disaster or other cause. 42. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Form LPA-019). Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation 43. After each quarter of the calendar year, complete and transmit to the Department the LPA Project Quarterly Report Form (Form LPA-020) until the project is complete. THE DEPARTMENT WILL: 1. Maintain an administrative file for the Project and be responsible for administering Federal -aid funds. 2. Request review from the Arkansas Historic Preservation Program (AHPP). 3. Provide routine environmental documentation for the Project. 4. Notify the Sponsor when right-of-way and/or utility plans are approved and the Sponsor may proceed with right-of-way acquisition and/or utility adjustments. 5. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide the appropriate documentation to the file. 6. Review plans and specifications for project/program eligibility. 7. Ensure substantial compliance with federal contracting requirements through review of the bidding proposal for inclusion of required federal forms, review of the administration of the DBE program provisions, and general compliance with 23 CFR 635. 8. Advise the Sponsor when to proceed with Project construction or advertisement of the Project for construction bids. 9. Review bid tabulations and concur in award of the construction contract for the Project. 10. Participate in the Sponsor's preconstruction and final acceptance meetings. 11. Visually verify (insofar as is reasonably possible) that the work meets contract requirements before reimbursement is made to the Sponsor. 12. Review and approve any necessary change orders for project/program eligibility. 13. Reimburse the Sponsor 80% (Federal -aid share) for eligible costs up to the maximum Federal - aid amount as approved in the CCRR form (Form LPA-014). This reimbursement will be limited to the maximum Federal -aid amount and to the federal amount available at the time payment is requested. If the payment requested exceeds the Federal -aid available at the time, the difference will be reimbursed as additional Federal -aid for the Project becomes available. 14. Subject to the availability of Federal -aid allocated for the Project, pay the Sponsor the remaining amount due upon completion of the Project and submittal of the certified Final Acceptance Report form (Form LPA-016). 15. Provide all form updates via email to the contact as shown on Form LPA-005. -7- Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation IT IS FURTHER AGREED that the Department reserves the right to cancel the Project without liability against the Department for any reason including, but not limited to, unreasonable delay or lack of progress, the Sponsor is unable to provide an audit -worthy reason for the substantial delay in the project development or completion process, or the Sponsor is unresponsive to the Department's requests. IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure may disqualify the Sponsor from receiving all future Federal -aid funds administered by the Department. IT 1S FURTHER AGREED that should the Sponsor fail to pay to the Department any required funds due for implementation of the Project or fail to complete the Project as specified in this Agreement, or fail to adequately maintain or operate the Project, the Department may cause such funds as may be required to be withheld from the Sponsor's Motor Fuel Tax allotment. IN WITNESS WHEREOF, the parties thereto have executed this Agreement on this 3 day of Mcw . 202Z , J ARKANSAS DEPARTMENT OF THE TY OF FAY -' EVILLF TRANSPORTATION / Lorie H.bar, P.E. Lione Jordan Director r�Ma or I 1 lalns City Attorney All Forms referenced in this Agreement are available in digital format on the Department's webpage ►►iv%% ardol.L1L, /II)a. ARKANSAS DEPARTMENT OF TRANSPORTATION NOTICE OF NONDISCRIMINATION The Arkansas Department of Transportation (Department) complies with all civil rights provisions of federal statutes and related authorities that prohibit discrimination in programs and activities receiving federal financial assistance, Therefore, the Department does not discriminate on the basis of race, sex, color, age, national origin, religion (not applicable as a protected group under the Federal Motor Carrier Safety Administration Title VI Program), disability, Limited English Proficiency (LEP), or low-income status in the admission, access to and treatment in the Department's programs and activities, as well as the Departments hiring or employment practices Complaints of alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to Joanna P McFadden Section Head - EEO/DBE (ADA/504/Title VI Coordinator). P, O Box 2261, Little Rock_ AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address'. Comm ai ichddsil Free language assistance for Limited English Proficient individuals is available upon request This notice is available from the ADA/504/Title Vl Coordinator in large print, on audiotape and in Braille -8- Form LPA-001 GENERAL REQUIREMENTS FOR RECIPIENTS AND SUB -RECIPIENTS CONCERNING DISADVANTAGED BUSINESS ENTERPRISES It is the policy of the U. S. Department of Transportation that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement. The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. If as a condition of assistance the recipient has submitted and the Department has approved a disadvantaged business enterprise affirmative action program, which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CFR Part 26, Subpart F, which sanctions may include termination of the Agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance. The recipient shall advise each sub -recipient, contractor or subcontractor that failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and 26.107 shall substitute a breach of contract and after the notification of the Department, may result in termination of the agreement or contract by the recipient or such remedy as the recipient deems appropriate. (NOTE: Where appropriate, the term "recipient" may be modified to mean "sub -recipient", and the term "contractor" modified to include "subcontractor".) Form LPA-003 REQUIRED CONTENTS OF BIDDING PROPOSALS FEDERAL -AID PROJECTS 1) FHWA-1273 Each set of contract documents shall include FHWA-1273, "Required Contract Provisions, Federal -aid Construction Contracts," and such supplements that may modify the FHWA-1273. Copies of FHWA-1273 and supplements will be provided by the Department. 2) Anti -Collusion and Debarment Certification The certification shall either be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the State to administer oaths or in the form of an unsworn declaration executed under penalty of perjury of the law of the United States. The required form for the Anti -Collusion and Debarment Certification will be provided by the Department. The certification includes: • Anti -collusion - A statement executed by, or on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or in -directly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. • Debarment - A statement regarding debarment, suspension, ineligibility and voluntary exclusion as required by Title 2 of the United States Code of Federal Regulations, Part 180 (2 CFR Part 180). Failure to submit the executed Certification as part of the bidding documents will make the bid nonresponsive and not eligible for award consideration. 3) Lobbying Certification This certification is required by 49 CFR 20. The form for this certification will be provided by the Department. 4) Davis -Bacon Pre -determined Minimum Wage Rates Davis -Bacon requirements apply to all projects greater than $2,000 that are physically located within the existing right-of-way of a functionally classified city street or highway. The Davis - Bacon wage rates will be provided by the Department. 5) "Buy America" Provisions Because federal highway funds are included in this project, "Buy America" requirements, as specified in Title 23 of the United States code Section 313 and Title 23 of the code of Federal Regulations Section 635.410, apply to this project. This requirement applies to all iron and steel products used on the project. A section of the bidding documents should specify these requirements as part of the project and it should at least be noted in the advertisement for bids. Form LPA-004 Please Print on Sponsor Letterhead Revision of Project Scope and Budget DATE Ms. Jessie Jones Division Engineer — Program Management Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name Coun Dear Ms. Jones: The scope and/or budget for the project has/have been revised. I certify that: 1) The length of the project will be feet and be feet wide with a/an surface. 2) Other project changes are as follows: 3) Two maps are attached. One is the project location map, and the other is a close up map that shows the project termini. 4) The revised budget is $ Federal -aid and $ Sponsor funds for a total project budget of $ Any substantial changes to the above information will be submitted in writing to ARDOT. Sincerely, NAME & OFFICE (Sponsor's CEO) Attachments Form LPA-007 SPONSOR LETTERHEAD JOB NUMBER JOB NAME COUNTY Title to the right of way necessary for the construction of this project was in public ownership prior to project development. No additional right of way was acquired. There are no displacees on this project. There are no structures located within the right of way area. There are no railroads involved on this project. No known conflicting utilities exist within the right of way area. Certified by: (Type name) (Type title) Date: Form LPA-008 PLEASE PRINT ON SPONSOR LETTERHEAD CERTIFICATION LETTER REQUESTING A UTHORITY TO AD PER TISE DATE Mr. Rex Vines Deputy Director and Chief Engineer Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Dear Mr. Vines: Re: Job # Job Name County The following documents are submitted concerning the referenced project: 1. One set of plans and specifications. 2. A copy of the preliminary estimate of cost. 3. An unexecuted copy of the bid proposal form. I certify that the plans, specifications and estimate were prepared by or under the direct supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the plans and specifications comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and federal regulations, including airport clearance when necessary, for the type of work involved. I understand that if any project items are declared non -participating in federal funds due to failure to comply with any State or federal requirements, the (Sponsor Name) will promptly repay such funds to the Arkansas Department of Transportation (ARDOT). Further, I hereby authorize the Director of the Arkansas State Department of Finance and Administration to transfer such funds from the (Sponsor Name)'s Motor Fuel Tax allotment to the ARDOT's RRA Fund upon notification by the ARDOT Director of that such funds are due ARDOT and have not been paid by the (Sponsor Name). Approval to proceed with advertisement of the project for bids is requested. Sincerely, NAME & OFFICE (Sponsor's CEO) Enclosures Form LPA-010 GUIDELINES FOR ADVERTISING AND OPENING BIDS FEDERAL -AID PROJECTS Upon receipt of written authorization from the Arkansas Department of Transportation (Department), the project may be advertised for bids. The following minimum guidelines for advertising must be met: • The minimum advertising period is three weeks (21 days). • In addition to meeting the State requirements for advertising for construction projects, the project must be advertised a minimum of two times in a statewide newspaper (online or print versions are acceptable). • The notice must contain: (1) the time, date, and place that sealed bids are to be accepted, opened, and publicly read; (2) a brief description of the kind or type of work contemplated; and (3) the place at which prospective bidders may obtain plans and specifications. • The Sponsor will forward a copy of the approved advertisement to the Department once advertisement starts. Any addenda will also be sent to the Department during the advertisement period. • The Sponsor will include the following language in the solicitation for bids: "The (INSERT SPONSOR NAME) hereby notifies all bidders that this contract is subject to applicable labor laws, non-discrimination provisions, wage rate laws and other federal laws including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962 and Title VI of the Civil Rights Act of 1964 also apply." "`Buy America' provisions apply to this project." "Registration and good standing in the System for Award Management (SAM) will be required prior to contract execution." • All bids received in accordance with the terms of the advertisement shall be publicly opened and at a minimum, the total amount bid must be read aloud (the sponsor may choose to read the bids item by item). • If any bid received is not read aloud, the name of the bidder and the reason for not reading the bid aloud shall be publicly announced at the letting. • In accordance with 23 CFR 635.110, any procedures and requirements for qualifying and licensing contractors must be approved by the Federal Highway Administration. • Negotiation with contractors during the period following the opening of bids and before the award of the contract is strictly prohibited. Form LPA-0I I PLEASE PRINT ON SPONSOR LETTERHEAD CERTIFICATION LETTER REQUESTING CONCURRENCE INA WARD OF THE CONTRACT DATE Mr. Rex Vines Deputy Director and Chief Engineer Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Dear Mr. Vines: Re: Job # Job Name County The following documents are submitted concerning the referenced project: 1. One set of bid tabulations. 2. Justification of award (if low bid amount is greater than 10% over the estimate). I certify that the referenced project was advertised and bids were received in accordance with the regulations governing Federal -aid projects and all other applicable state and federal regulations, and that this process has been reviewed and approved by the (Sponsor Name)'s Attorney. Additionally, I certify that the bid is being awarded to the lowest responsive and qualified bidder and that there has not been, nor will there be, any negotiations with the contractor or other bidders regarding the amount bid. Your concurrence in the award of this contract to (INSERT CONTRACTOR NAME) for (INSERT LOW BID AMOUNT) is requested. Sincerely, Sponsor's CEO Sponsor's Attorney Enclosures CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Job No.: FAP: County: Job Name.: 1 Maximum Approved Federal -aid Amount 2 Original Contract Amount 3 Net Changes by Change Orders 4 Present Contract Total 5 Present Federal -aid Amount (80 % of Line 4 or Amount on Line 1, whichever is less) 6 Work Completed to Date 7 Federal Match (80% of Line 6 or amount on Line 5, whichever is less) 8 Previous Reimbursements (Federal) 9 Amount Due this Estimate lsuhfract I ina R fir— I ina 71 Payee/Sponsor: address Federal Tax ID No.: tj Mill :4 Total changes previously approved ADDITIONS DEDUCTIONS Total approved this Request Period TOTALS NET CHANGES by Change Order (Line 3 above) Recommended for Payment in Accordance with Project Agreement By: Title: By Title: Revised: 12/11/20 PAGE 1 OF 2 PAGES DATE: PAY REQUEST # FROM: TO: The information provided in this document is true and correct and I recommend that payment be made to the Contractor for this work. Date: Payment is requested from the Arkansas Department of Transportation for the Amount Due. I certify that the Contractor and/or subcontractors) are complying with the provisions of FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements; that the work has been completed by the Contractor in accordance with the plans and specifications; and that the Contractor has been paid for this work. DEPARTMENT USE ONLY Approved for Payment Date: PAID Voucher No. Date: Form LPA-014 CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Revised: 12/11/20 PAGE 2 OF 2 PAGES JOB NUMBER: FAP: REQUEST NO: DATE: JOB NAME: FROM: TO: SPONSOR: CONTRACTOR: A B C D I E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STOCKPILED NOT IN D or E TOTAL COMPLETED & STOCKPILED TO DATE D+E+F % COMPLETED (G — C) BALANCE TO FINISH (C - G) PREVIOUS REQUESTS THIS PERIOD GRAND TOTALS Form LPA-014 COPY OF SPONSOR'S PAYMENT CHECK FOR THIS ESTIMATE MUST BE ATTACHED TO THIS FORM Sponsor Form LPA-015 LPA Report of Daily Work Performed Job Name: Job No.: FAP No.: Contractor: Date: Hours Worked: — Report No.: Project Conditions Site Conditions Weather Number of Contractor's Personnel Useable Sunny Laborers Partly Useable Partly Cloudy Carpenters Not Useable Rain Rainfall Amt. (in.) Concrete Laborers Equip. Operators Min Temp. (F) Max Temp. (F) Electricians Comments Plumbers I Foreman Other Other Location and Description of Work Performed Special Instructions and/or Conversations Signed: Designated Full-time Employee Form LPA-016 SPONSOR LPA Final Acceptance Report Job Name: Date: Job No: FAP No: County: Route: Contractor: Date Work Began: Date Work Completed: Attendees: Remarks: Project Completed in Substantial Compliance with Plans and Specifications and Recommended for Final Acceptance by Sponsor Recommended for Acceptance in Accordance with Project Agreement Engineer APDOT Resident Engineer Project Recommended for Acceptance Designated Full-time Employee: I certify that the Contractor and/or subcontractor(s) have complied with the provisions of FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements; that the project has been completed by the Contractor in accordance with the plans and specifications; that the Contractor has been paid for this work, and the project is hereby accepted. SPONSOR's CEO 1/28/2021 APPENDIX C Form LPA-017 Page 1 of 2 2 CFR Part 200 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS Subpart D - Post Federal Award Requirements Record Retention and Access §200.334 Retention requirements for records. Financial records, supporting documents, statistical records, and all other non -Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass -through entity in the case of a subrecipient. Federal awarding agencies and pass -through entities must not impose any other record retention requirements upon non - Federal entities. The only exceptions are the following: (a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. (b) When the non -Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass - through entity to extend the retention period. (c) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. (d) When records are transferred to or maintained by the Federal awarding agency or pass -through entity, the 3-year retention requirement is not applicable to the non -Federal entity. (e) Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. (f) Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (1) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the pass -through entity) to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts from the date of such submission. (2) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the pass -through entity) for negotiation purposes, then the 3-year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. §200.335 Requests for transfer of records. The Federal awarding agency must request transfer of certain records to its custody from the non - Federal entity when it determines that the records possess long-term retention value. However, in order to avoid duplicate recordkeeping, the Federal awarding agency may make arrangements for the non -Federal entity to retain any records that are continuously needed for joint use. §200.336 Methods for collection, transmission, and storage of information. The Federal awarding agency and the non -Federal entity should, whenever practicable, collect, transmit, and store Federal award -related information in open and machine-readable formats rather than in closed formats or on paper in accordance with applicable legislative requirements. A machine-readable format is a format in a standard computer language (not English text) that can be read automatically by a web browser or computer system. The Federal awarding agency or pass -through entity must always provide or accept paper versions of Federal award -related information to and from the non - Federal entity upon request. If paper copies are submitted, the Federal awarding agency or pass - through entity must not require more than an original and two copies. When original records are Form LPA-017 1/28/2021 Page 2 of 2 2 CFR Part 200 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS Subpart D - Post Federal Award Requirements Record Retention and Access electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. §200.337 Access to records. (a) Records of non -Federal entities. The Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the pass -through entity, or any of their authorized representatives, must have the right of access to any documents, papers, or other records of the non -Federal entity which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the non -Federal entity's personnel for the purpose of interview and discussion related to such documents. (b) Extraordinary and rare circumstances. Only under extraordinary and rare circumstances would such access include review of the true name of victims of a crime. Routine monitoring cannot be considered extraordinary and rare circumstances that would necessitate access to this information. When access to the true name of victims of a crime is necessary, appropriate steps to protect this sensitive information must be taken by both the non -Federal entity and the Federal awarding agency. Any such access, other than under a court order or subpoena pursuant to a bona fide confidential investigation, must be approved by the head of the Federal awarding agency or delegate. (c) Expiration of right of access. The rights of access in this section are not limited to the required retention period but last as long as the records are retained. Federal awarding agencies and pass - through entities must not impose any other access requirements upon non -Federal entities. §200.338 Restrictions on public access to records. No Federal awarding agency may place restrictions on the non -Federal entity that limit public access to the records of the non -Federal entity pertinent to a Federal award, except for protected personally identifiable information (PII) or when the Federal awarding agency can demonstrate that such records will be kept confidential and would have been exempted from disclosure pursuant to the Freedom of Information Act (5 U.S.C. 552) or controlled unclassified information pursuant to Executive Order 13556 if the records had belonged to the Federal awarding agency. The Freedom of Information Act (5 U.S.C. 552) (FOIA) does not apply to those records that remain under a non - Federal entity's control except as required under §200.315. Unless required by Federal, state, local, and tribal statute, non -Federal entities are not required to permit public access to their records. The non -Federal entity's records provided to a Federal agency generally will be subject to FOIA and applicable exemptions. APPENDIX D Form LPA-018 CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his knowledge and belief that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including sub grants, and contracts and subcontracts under grants, sub grants, loans and cooperative agreements) which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subj ect to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Fayetteville Sponsor ignat Lioneld Jordan, Mayor Name (Sponsor's CEO) APPENDIX E Form LPA-005 OFFICE OF THE MAYOR Designating Full -Time Employee in Responsible Charge April 5, 2022 Ms. Jessie Jones Division Engineer — Program Management Arkansas Department of Transportation P.O. Box 2261 Little Rock, AR 72203 RE: Job #040876 Job Name: Fayetteville Kessler Mountain Trail (RTP-21) County: Washington Dear Ms. Jones: The full-time employee in responsible charge of the day to day oversight for the referenced project will be Zach Foster. This letter certifies that the employee is aware of the duties and functions they are in charge of as outlined in the Agreement of Understanding. This employee may be reached by phone at (479) 444-3472 or by email at zfoster@fayetteville-ar.gov. Sincerely & 1,10 a.1 Lioneld Jordan Mayor City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Form LPA-018 CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his knowledge and belief that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including sub grants, and contracts and subcontracts under grants, sub grants, loans and cooperative agreements) which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subj ect to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Fayetteville Sponsor ignat Lioneld Jordan, Mayor Name (Sponsor's CEO) APPENDIX F Form LPA-019 Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (For more information go to https.-#www.fsrs.gov/) FFATA was signed on September 26, 2006. The intent is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. A Prime Grant Recipient (Arkansas Department of Transportation (hereinafter called ARDOT)) awarded a new Federal grant greater than or equal to $25,000 as of October 1, 2010 is subject to FFATA sub -award reporting requirements as outlined in the Office of Management and Budget guidance issued August 27, 2010. ARDOT is required to file a FFATA sub -award report for any sub -grant awarded to a sub-awardee greater than or equal to $25,000. As a sub-awardee, City of Fayetteville shall provide the following information to ARDOT in order to fulfill FFATA reporting requirements: A unique identifier (Dun & Bradstreet DUNS Number) of the sub-awardee receiving the award and the parent entity of the recipient, should the sub-awardee be owned by another entity; The names and total compensation of the five most highly compensated officers of the sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to information about the compensation of the senior executives of the sub-awardee through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1). Page 1 of 2 Form LPA-019 Required Sub-Awardee Information (A) Sub-Awardee — DUNS Number: 07-565-774 Parent (if applicable) — DUNS Number: NSA (B) In the preceding completed Federal fiscal year, did your business or organization (the legal entity to which the DUNS number entered above belongs) receive (1) 80 percent or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Yes () No If "Yes" is selected, answer (C). (C) Does the public have access to information about the compensation of the executives in your business or organization (the legal entity to which the DUNS number entered above belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes No 0 If "Yes" is selected, visit http://Www.sec.govledgar.shtmi for reference. If "No" is selected, answer (D). (D) If "No" was selected in Question "C", complete the following information for the five (5) most highly compensated executives in your business or organization (the legal entity to which the DUNS number entered above belongs). Amount should reflect the Total Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars. Sub-Awardee Names and Compensation of Most Highly Compensated Officers 1. Name: 2. Name: 3. Name: 4. Name: 5. Name: Amount: $ Amount: $ Amount: $ Amount: $ Amount: $ Page 2 of 2 LPA Project Quarterly Report Form Form LPA-020 Date: Job No.: Job Name: F.A.P.: Funding Program: Year: Quarter: Sponsor: Submitted By: Sponsor Phone: Sponsor Email: rrvclress Mepvr . CURRENT PROJECT STATUS Construction Plans: ❑ 30% ❑ 60% ❑ 90% ❑Final Environmental All Permits Received Final Clearance Clearance: ❑ ARDOT to Handle ElPreliminary Partially Complete El Date: Date: ROW Plans Approved Acquisition Documents ❑ No Acquisition Needed ❑ ROW Plans in Progress ❑ ❑ Approved Right of Way Date: Date: Acquisition: Acquisition Complete Right of Way Certification Submitted ❑ Acquisition Underway ❑ ❑ Conditional ❑ Final Date: Date: utility Utility Relocation Relocation Plans Prepared Relocation Complete ❑ Not Necessa ry El El Underway ElRelocation: Date: Date: Authority to Request Submitted ARDOT Approval Received Bid Opening Advertise: Date: El Date: Date: Concurrence Request Submitted ARDOT Approval Received Contract Executed in Award: LI Date: Date: El Date: Progress (%) Estimated Completion Project Completed Construction: El 0% Date: Date: ARDOT Contact: Rev. 08-19-2021 APPENDIX G CHANGE ORDER FORM Form LPA-022 ARDOT JOB NO.: F.A.P. No.: CHANGE ORDER NO.: JOB NAME: DATE PREPARED: OWNER: PREPARED BY: CONTRACTOR: UtbUKII' I IUN Uf UHAN JUb I If ILA I IUN 1 KtAJUN 1-UK UHAN SUMMARY ITEM NO. ITEM UNIT UNIT PRICE PRESENT REVISED QUANTITY AMOUNT QUANTITY AMOUNT TOTALS: Prepared by ARDOT Page 1 of 2 Revised: 2-19-20 CHANGE ORDER FORM Form LPA-022 CHANGES TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS THE CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE (INCREASED) / (DECREASED) BY THE NEW CONTRACT PRICE, INCLUDING THIS CHANGE ORDER, WILL BE CHANGES TO CONTRACT TIME: THE CONTRACT TIME WILL BE (INCREASED) / (DECREASED) BY DAYS THE CONTRACT PERIOD, INCLUDING THIS CHANGE ORDER, SHALL BE DAYS APPROVALS: ENGINEER: [INSERT ENGINEER NAME HERE] Signature Date OWNER: [INSERT OWNER NAME HERE] Signature CONTRACTOR: [INSERT CONTRACTOR NAME HERE] Signature Date ARDOT RESIDENT ENGINEER CONCURS Date Signature Date ARDOT PROGRAM MANAGEMENT APPROVES Signature Date Prepared by ARDOT Page 2 of 2 Revised: 2-19-20 APPENDIX H Form LPA-023 GUIDELINE FOR INSPECTION OF LOCALLY ADMINISTERED CONSTRUCTION CONTRACTS FOR TRANSPORTATION ALTERNATES PROGRAM (TAP) PROJECTS AND RECREATIONAL TRAILS PROGRAM (RTP) PROJECTS Upon receipt of written concurrence from the Arkansas Department of Transportation in the award of the construction contract, the construction contract may be executed. The following minimum guidelines for inspection must be met: 1) Project must be inspected by a Professional Engineer registered to practice in the State of Arkansas. 2) Project must be inspected using best practices for the type of work and the Sponsor is not required to use Department inspection procedures. 3) Prior to beginning construction activities, the Sponsor must hold a pre -construction meeting and must invite the Department's Resident Engineer (RE) assigned to the project. At the meeting: a) The Sponsor will provide the RE two sets of plans and two copies of the construction contract. (One for RE's records and one to be sent to Program Management Division) b) The RE will provide a packet of posters and notices required by the FHWA-1273 supplemental specifications. 4) Submit the Construction Certification and Reimbursement Request (CCRR) form to the RE for review and handling. RE to check: a) Maximum federal funding available. b) Signed by Sponsor's Chief Elected Official (CEO). c) RE to review for math errors and compare to previously submitted CCRRs. d) Page 2 must be submitted. e) Copy of check(s) from the Sponsor to the Sponsor's Contractor and LPA Report(s) of Daily Worked Performed. 5) Prior to implementing change orders, the Sponsor must submit fully executed change orders to the Department's RE for Department review and approval. The change order form must include: a) The Sponsor's CEO (or designated representative), Engineer, and Contractor's signature. b) Description of the change and why the change was necessary. c) For unit price contracts, any changes in quantities. d) For new pay items, the pay item name, quantities, units, and unit price. e) Time extensions. f) All change orders must be reviewed and approved before beginning work except for reconciliation change orders at the end of the project. g) Reconciliation changes are required for project underruns greater than 20% and for all projects greater than 10% over. 6) Upon completion of the Project: a) Submit a CCRR form showing the work completed as the final contract amount. i) This form must be submitted even if the Sponsor has been reimbursed 100% of the Federal -aid available for the Project. b) Hold a final acceptance meeting in which the Sponsor's engineer, the designated full-time employee and the Department's RE must attend. c) Submit the LPA Final Acceptance Report form to the RE at the final acceptance meeting. Rock Solid Trail Contracting, INC Change Order No. 1 City of Fayetteville Staff Review Form 2023-1123 Item ID ARCHIVED N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item 1 Zach Foster 11/2/2023 PARKS& RECREATION (520) Submitted By Submitted Date Division/Department Action Recommendation: Approval of Change Order#1 in the amount of$26,623.00 to Contract#2023-00000018 with Rock Solid Trail Contracting, Inc.for trail improvements at Kessler Mountain Regional Park. Budget Impact: 2250.520.9255-5806.00 Park Development Account Number Fund 21005.2201 Kessler Mountain RTP Grant Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 113,370.00 Expenses(Actual+Encum) $ 75,465.00 Available Budget $ 37,905.00 Does item have a direct cost? Yes Item Cost $ 26,623.00 Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget $ 11,282.00 V20221130 Purchase Order Number: 2023-00000411 Previous Ordinance or Resolution# 52-23 Change Order Number: 1 Approval Date: 11/08/2023 Original Contract Number: 2023-00000018 Comments: This adds trail work needed at Kessler Mountain and will utilize full RTP grant award. i CITY OF FAYETTEVILLE STAFF MEMO tiff ARKANSAS TO: Lioneld Jordan. Mayor THRU: Susan Norton. Chief of Staff Alison Jumper. Director Parks, Natural Resources and Cultural Affairs Ted Jack, Park Planning Superintendent FROM: Zach Foster, Park Planner II DATE: November 2. 2023 SUBJECT: Change Order#1- Kessler Mountain RTP Grant RECOMMENDATION: Approval of Change Order#1 in the amount of$26,623.00 to Contract#2023-00000018 with Rock Solid Trail Contracting, Inc. for trail improvements at Kessler Mountain Regional Park. BACKGROUND: Fayetteville received a Recreational Trail Grant (RTP) award to improve trails at Kessler Mountain. This is an 80/20 matching grant with federal funding up to $75,000 and a City match up to $18.750 for a total project cost of$93,750. The winning bid went to Rock Solid Trail Contracting in the amount if$75.465.00. The City entered a contract with Rock Solid pursuit to Res. #52-23. Contract#2023-00000018. and Purchase Order# 2023-00000411. DISCUSSION: Work included in Bid 22-47 is near completion, but the grant project is under budget and additional trail work is needed. Only $64,297.50 of the $93,750 grant project costs have been spent to date. This change order will ensure all matching grant funds are used and not returned to ARDOT. Contract costs of$75,465.00 will be increased by $26.623.00 to $102,088.00. BUDGET/STAFF IMPACT: Funds are available to cover this increase in Project 21005.2201 GL Account 2250.520.9255- 5806.00. Attachments: Staff Review Form Change Order#1 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Dar ARKANSAS DEPARTMENT OF TRANSPORTATION AR. ARDOT.gov I IDriveArkansas.com I Lone H.Tudor,P.E.,Director ARKANSAS DEPARTMENT LOCAL PROGRAMS DIVISION OF TRANSPORTATION 10324 Interstate 30 I P.O.Box 2261 I Little Rock,AR 72203-2261 I Phone:501.435.3255 November 15, 2023 The Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Re: Job 040876 F.A.P. RTP-1302(349) Fayetteville Kessler Mountain Trail (RTP-21)(S) Washington County Dear Mayor Jordan: Reference is made to Change Order Number 1 recently submitted for the subject Recreational Trails Program project. We hereby concur in the changes, and a signed copy of this change order is enclosed for your use. Approval of this change order does not indicate a change in federal funding for this project. If you have any questions, please contact Carlos Meredith at (501) 569-2562 or Carlos.Meredith@,ardot.gov. Sincerely, .25:20 David Siskowski, P.E. Division Head—Local Programs Enclosure c: Construction—Chuck Holland District 4 Resident Engineer#43 Job 040876 'D' File Tim Conklin, Executive Director, NWARPC CHANGE ORDER FORM 1 i l' -11„ ARDOT JOB NO 40876 040876 1 F.A.P.No.: RTP-1302(349) CHANGE ORDER NO.: JOB NAME: Fayetteville Kessler Mountain Trail(RTP-21)(S) DATE PREPARED: 10r2312C23 OWNER: City of Fayetteville PREPARED BY: ZF CONTRACTOR: Rock Solid Trail Contracting DESCRIPTION OF CHANGE(S): Extend the project's timeline at no cost and continued trail work at Kessler Mountain Regional Park.Chagne order includes const reconciliations and new line items.An analysis was performed for new line items not included in original bid. JUSTIFICATION 1 REASON FOR CHANGE(S): Work included in the initial bid is complete outside of minor punch list items.This project is under budget and continued trail work is needed.Only 564,297.50 in total project costs has been spent to date.Fayetteville must spend an additional$29,452.50(minimum)in trail improvements to utilize the full federal grant award of$75,000.These proposed changes will ensure remaining grant funds are used.All additional change order work falls within the approved scope of work for the RTP Grant application and award. SUMMARY ITEM ITEM UNIT UNIT PRESENT REVISED NO. PRICE QUANTITY AMOUNT QUANTITY AMOUNT 1 Mobilization LS $ 800.00 1 $ 800.00 2 $ 1,600.00 2 Armoring LF $ 82.50 628 $ 51,810.00 700 $ 57.750.00 3 Grade Reversal EA $ 90.00 6 $ 540.00 2 $ 180.00 4 Ground DeckingLF $ 12.00 150 $ 1,800.00 117 $ 1,404.00 5 Law Bridge LF $ 99.00 180 $ 17.820.00 134 $ 13,266.00 6 Low Bridge w(Hand Rails LF $ 750.00 0 $ - 20 $ 15,000.00 7 Trail Conversion(Inside pitch wl Drainage) LF $ 27.00 0 $ - 264 $ 7,128.00 8 Culvert Install(18"HDPE Double Wall) LF $ 42.50 0 $ 10 S 425.00 9 Bench Trail LF $ 8.00 0 S - 330 $ 2,640.00 $ - $ $ . $ $ - $ TOTALS: $ 72,770.00 $ 99,393.00 fr : r'.,:. nRD"T Wage 1^`) Rev sed 12.16.2' CHANGE ORDER FORM Form LPA-022 CHANGES TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE $ 75,465.00 CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS $ 75.465.00 THE CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE(INCREASED)/(DECREASED)BY $ 26,623.00 THE NEW CONTRACT PRICE,INCLUDING THIS CHANGE ORDER,WILL BE $ 102,088.00 CHANGES TO CONTRACT TIME: THE CURRENT CONTRACT TIME 15C DAYS (4/24/23-9/21/23) THE CONTRACT TIME WILL BE INCREASED BY 132 DAYS (9/21/23-1/31/24) THE CONTRACT PERIOD,INCLUDING THIS CHANGE ORDER,SHALL BE 283 DAYS (4/24/23-1/31/24) APPROVALS: ENGINEER/LANDSCAPE ARCHITECT:Ted Jack,City of Fayetteville CONTRACTOR:Mike Carpenter,Rock Solid Trail Contracting 7e 42 /�/Z3 11N23l2023 l Signature /l'/ Signature Date OWN I,NIAYOR►.-r _d ordan.City of Fayetteville ARDOT RESIDENT ENGINEER CONCURS • Q� 11/13/23 �•-�� 11/O8/2023 ;nature Date Signature Date A'b.•T. • RAM G NT /1—IS,3 Sgnadte D80e Pv,wsd by ARDOT Page 2 of 2 amide 12-16-21 Rock Solid Trail Contracting, INC-Change Order No. 2 Kessler Mountain Regional Park Trail Improvements City of Fayetteville Staff Review Form 2024-0137 Item ID N/A ARCHIVED City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Zach Foster 2/28/2024 PARKS & RECREATION (520) Submitted By Submitted Date Division/Department Action Recommendation: Approval of Change Order#2 to reconcile and close Contract#2023-00000018 (and the related PO #2023- 00000411) with Rock Solid Trail Contracting, Inc. for trail improvements at Kessler Mountain Regional Park at no cost. Budget Impact: 2250.520.9255-5806.00 Park Development Account Number Fund 21005.2201 Kessler Mountain RTP Grant Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 30,527.00 Expenses (Actual+Encum) $ 9,795.00 Available Budget 10,732,00 Does item have a direct cost? No Item Cost $Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget 20,732.00 V20221130 Purchase Order Number: 2023-00000411 Previous Ordinance or Resolution# 52-23 Change Order Number: 2 Approval Date: 02/29/2024 Original Contract Number: 2023-00000018 Comments: This Change Order will close a contract with Rock Solid at no cost. CITY OF FAYETTEVILLE STAFF MEMO ARKANSAS TO: Lioneld Jordan. Mayor THRU: Susan Norton. Chief of Staff Alison Jumper, Director Parks. Natural Resources and Cultural Affairs Ted Jack, Park Planning Superintendent FROM: Zach Foster, Park Planner II DATE: February 28. 2024 SUBJECT: Change Order#2- Kessler Mountain RTP Grant RECOMMENDATION: Approval of Change Order#2 to reconcile and close Contract#2023-00000018 (and the related PO #2023-00000411) with Rock Solid Trail Contracting, Inc. for trail improvements at Kessler Mountain Regional Park at no cost. BACKGROUND: Fayetteville received a Recreational Trail Grant (RTP) award to improve trails at Kessler Mountain. This is an 80/20 matching grant with federal funding up to $75.000 and a City match up to $18,750 for a total project cost of$93,750. The winning bid went to Rock Solid Trail Contracting in the amount of$75.465.00. The City entered a contract with Rock Solid pursuant to Res. # 52-23, Contract#2023-00000018. and Purchase Order# 2023-00000411. Change Order#1 with Rock Solid was approved in November 2023 to add additional trail work, increase the contract amount, and extend the period of performance. DISCUSSION: This change order will reconcile all unit costs based on actual quantities with Rock Solid Contract# 2023-00000018. The Rock Solid contract will be closed out but the RTP grant will stay open. The RTP grant has $8,726 in remaining funds. Parks will utilize the remaining grant funding for signage. materials. and other planned trail work at Kessler Mountain. BUDGET/STAFF IMPACT: There are no costs associated with this change order. Attachments: Staff Review Form Change Order#2 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 n z zz -ion nn —3 -3 n 41 co co = _ o s o s o s 1 `� 70 C O ap N 0111 w < O V] .... 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' J1 O O O JI O O *co O O O O O to 0 0 coO co co O O O O O co O O © O 6 co 6 6 • Kara Elizabeth Studios Contract City of Fayetteville Staff Review Form 2024-0306 Item ID ARCHIVED N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Zach Foster 5/9/2024 PARKS & RECREATION (520) Submitted By Submitted Date Division/ Department Action Recommendation: Staff recommends entering into a contract with Kara Elizabeth Studios to provide design services for a trail map of Kessler Mountain Regional Park for a fee not to exceed $2,875. Budget Impact: 2250.520.9255-5806.00 Park Development Account Number Fund 21005.2201 Kessler Mountain RTP Grant Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 49,798.00 Expenses (Actual+Encum) $ 547.50 Available Budget 49,250.5u Does item have a direct cost? Yes Item Cost $ 2,875.00 Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget 46,375.50 V20221130 Purchase Order Number: Previous Ordinance or Resolution# 52-23 Change Order Number: Approval Date: Original Contract Number: Comments: This Change Order will close a contract with Rock Solid at no cost. CITY OF FAYETTEVILLE STAFF MEMO Tar ARKANSAS TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs Ted Jack, Park Planning Superintendent FROM: Zach Foster, Park Planner II DATE: May 9, 2024 SUBJECT: Mount Kessler Trail Map Design Contract RECOMMENDATION: Staff recommends entering into a contract with Kara Elizabeth Studios to provide design services for a trail map of Kessler Mountain Regional Park for a fee not to exceed $2,875. BACKGROUND: Kessler Mountain Regional Park is known for its extensive soft surface trail system for hikers and mountain bikers. The current map is out of date and does not show all of the trail routes and alignments. DISCUSSION: Kara Elizabeth Studios is a local graphic designer who has created trail maps for more than ten parks in Northwest Arkansas. Kara will work with Parks staff to create an updated trail map that will be posted online and within Kessler Park. The new map design will have a visual style that is familiar to the other regional trail maps in Northwest Arkansas. BUDGET/STAFF IMPACT: Funds for this contract are available in Project 21005.2201. Attachments: SRF Contract and Scope of Services Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 • kara e •iza th Intro Hi Zach! Thank you so much for taking the time to review my proposal for the City of Fayetteville! After discussing the project with you and looking at the request for the Kessler Park trail map design and informational signage, I have created a proposal for the project that I believe meets your needs. On the second page,you'll find the timeline and pricing details for your project. If you have any questions after reviewing this proposal,please feel free to touch base via email or cell! Cheers, Kara Elizabeth Underwood My Education B.S. in Graphic Design •John Brown University•Graduated May 2013 Credentials Work Art Director•The Elkins Agency•2015-2020 Experience • Redesigned the entirety of Walmart's Meat Department • Worked on many department redesigns and multiple displays in Sam's Club of various formats • Designed many various in-store and out-of-store tactics for Paris Presents among many other CPG brands Freelance Illustrator& Designer• Kara Elizabeth Studios•2018-Present • Design several various print and digital pieces for many local organizations - including but not limited to: Trailblazers, OZ Trails, Bentonville Porks& Recreation,and Ozark Foundation. • Work on internal training and eLearning designs for Walmart,American Airlines, Dillard's, and several other corporotions. Kara Elizabeth Studios karaelizabethstudios.com 479-640-2022 karaelizabethstudiosPgmail.com Bentonville,AR Timeline 31111 Feb. 21 1111. Feb.26-29 March 4 Proposal approved First version of map Feedback Back and forth Final map files due to from Kara from City of of revisions City of Fayetteville Fayetteville Pricing Below is a breakdown of the deliverables and their costs. This quote covers the map design and informational signage,and includes up to three rounds of revisions. We will only bill for the actual hours worked on this project.Any unused estimated hours would not be charged. Payment is due after the project is complete. 25 hours X $115 per hour TOTAL $2,875 Approval Once you are ready to get started,please sign below and email me this PDF. If you want to negotiate further,let me know and I will do my best to find a solution. Mayor Lioneld Jordan Tease sign y ur igital signature here,first and last name. 05/1 2024 Date Kara Elizabeth Studios karaolizabethstudios.com 479-640-2022 karaelizabethstudiosPgmail.com Bentonville,AR