Loading...
HomeMy WebLinkAbout139-90 RESOLUTION• • RESOLUTION NO. 139-90 WIY c'ROFTp I ED A RESOLUTION AWARDING TO FAYETTE TREE & TRENCH A BID AWARD AND CONSTRUCTION CONTRACT FOR THE APPLEBY SEWER REPLACEMENT PROGRAM. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:• Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a bid award and construction contract with Fayette Tree & Trench in the amount of $73,705.00 for the Appleby Sewer Replacement Program. A copy of the bid tabulationsheet authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this iAth day. of September ATTEST: `4. • J APPROVED: By : / y--1.." Mayor , 1990. • BID TABULATION Fayette Tree & Trench B B & B Construction Company $73,705.00 Rejected* * This bid was rejected because it was submitted via FAX and the specifications called for sealed bids. EXHIBIT A 1, 1. 1 1 1 1 1, 1.1 1 1, 1 1 - 1 1 1 1 APPLEBURY SEWER REPLACEMENT FAYETTEVILLE, ARKANSAS Prepared For: City of Fayetteville Fayetteville, Arkansas 72701 PROJECT NO. FY902101 June, 1990 Prepared by: McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72702 McClelland ,� rve Consulting Engineers Incorporated Fapstlevllle, Arkansas ) ACORIC. CERTIFICATE OF INSIiRANCE PRODUCER CODE INSURED RENNER & COMPANY, INC P.O. Box 427 Fayetteville, AR 72702 SUB -CODE 7401 City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 COVERAGES 1 REVISED ISSUE DATE (MMDD/YY) 10-3-90 THIS CERTI ICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY LETTER A Tri-State Insurance Company COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE. FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE ! POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LIR 1 DATE (MMIDDNY) DATE (MMIDD/YY) GENERAL LIABILITY - 2,000 r. COMMERCIAL GENERAL LIABILITY I —t ' CLAIMS MADE E OCCUR.: A x . OWNER'S & CONTRACTOR'S PROT. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS —I SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY >. 1 OTHER THAN UMBRELLA FORM 1 WORKER'S COMPENSATION" ' I Binder - 10-1-90 . 4-30-91 OTHER AND EMPLOYERS' LIABILITY GENERAL AGGREGATE L$ PRODUCTS-COMP/OPS AGGREGATE $ PERSONAL & ADVERTISING INJURY i $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MEDICAL EXPENSE (Any ane person) $ COMBINED SINGLE $ LIMIT • + BODILY ; INJURY + $ (Per person) i BODILY INJURY 1 $ (Per accident) 1,000 PROPERTY I E DAMAGE fi EACH _.wAGGREGATE OCCURRENCE! $ - j. STATUTORY (EACH ACCIDENT) (DISEASE—POLICY LIMIT) (DISEASE—EACH EMPLOYEE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Owher's & Contractor's Protective Liability - Project: Applebury Sewer Replacement Project #FY902101, June 1990, City of Fayetteville, Arkansas. Cost: $73,705.00. Additional Insured: McClelland Consulting Engineers, Inc., Fayetteville, Arkansas CERTIFICATE HOLDER McClelland Consulting Engineers, Inc. 1810 North College Avenue P.O. Box 1229 Fayetteville, AR 72702 'ACORD 25-S (3/88) • CANCELLATION - _ _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR to MAIL 3O- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF NY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED 116 SENTATIVE ACORD CORPORATION 1988 AINH.ne CERTIFICATE OF INSURANCE PRODUCER CODE INSURED RENNER & COMPANY, INC. P.O. Box 427 Fayetteville, AR 72702 SUB -CODE Fayette Tree and Trench, Inc. P.O. Box 471 Fayetteville, AR 72702 COVERAGES REVISED r ISSUE DATE (MM/DD/YY) L' 10-3-90 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY A LETTER COMPANY B LETTER y -- COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER Tri-State Insurance Company International Insurance Company . .._ - ... .. - - ___ _ . _ . . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN.ISSUED 70SHE INSURED NAMEDABOVEFOR THE POLICY PERIOD "INDICATED, NOTWITHSTANDING ANY EIEOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER 'POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE (MM/DDNY) i DATE (MM/DD/YY) I - _ �_.__ _.. - �._ -- -. I I GENERAL AGGREGATE I $2 000 GENERAL LIABILITY A •X COMMERCIAL GENERAL LIABILITY 3 1 ; CLAIMS MADE X PRODUCTS-COMP/OPS AGGREGATE $1,000 _ e OCCUR.: G 08 24 69 4-30-90 4-30-91 PERSONAL & ADVERTISING INJURY I $1 , 000 EACH OCCURRENCE $1,000 I FIRE DAMAGE (Any one fire) I $ 50 .- MEDICAL EXPENSE (Any one person) $ rCOMBINED . 1 000 SINGLE $ 1 LIMIT S __.. 1301)—ILY } INJURY $ OWNER'S & CONTRACTOR'S PROT. AUTOMOBILE LIABILITY A r x3 ANY AUTO LLf ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY X 4 EXCESS LIABILITY B r x 'Commercial Umbrella ) A 01 14 61 524-206414-8 I OTHER THAN UMBRELLA FORM } _ WORKER'S COMPENSATION - - AI OTHER AND EMPLOYERS' LIABILITY W 06 37 62 ) 4 30 90 , 4-30-91 (Per person) ; BODILY INJURY 9.9. $ (Per accident) PROPERTY 1 DAMAGE ' $ I 4 30 90 1 4-30-91 ' 1 a- -- 4. - ' _-"'" -j STATUTORY - 4-30-90 i 4-30-91 ° $4.500 ..i(EACH ACCIDENT) . I $ f 5500 ` _ (DISEASE_ POLICY LIMIT) F 4L $ 1 500 (DISEASE—EACH EMPLOYEE EACH T.— --AGGREGATE OCCURRENCEI $ 2,000 I $ 2,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS CERTIFICATE HOLDER - Excavation - Trenching McClelland Consulting Engineers, Inc. P.O. Box 1229 Fayetteville, AR 72702 'ACORD 25-S (3/88) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY D UPON THE COMPA)iT\ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRE IVE ©ACORD CORPORATION 1988 NOTICE OF AWARD To: Fayette Tree and Trench, Inc. Fayetteville, Arkansas PROJECT DESCRIPTION: City of Fayetteville, Applebury Sewer Replacement The OWNER has considered the PROPOSAL submitted by you for the above described WORK in response to its NOTICE TO CONTRACTORS. You are hereby notified that your PROPOSAL has been accepted for the Applebury Sewer Replacement in the amount of $ .71,705.00 You are required by the INSTRUCTIONS TO BIDDERS to execute the CONSTRUCTION CONTRACT in its entirety and furnish the required PERFORMANCE AND PAYMENT BOND and certificates of insurance within fifteen (15) calendar days from the date of this NOTICE OF AWARD. If you fail to execute said Contract and to furnish said bonds within fifteen (15) days from the date of this NOTICE OF AWARD, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your PROPOSAL as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as --may be granten-VTaw:- You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 28th day of September , 1990. ga By Robert W. White Title Project Engineer et Receiptacknowledge this hzg day of,0�-p, 1990. By G -,"L-o /)2 eitcAtioAD Title . , , MOCIeIlana Consulting �I Engineers Incorporated FoystlevllI., Arkansas Section 00360 - 1 PART/SECTION NO. PART I TABLE OF CONTENTS SUBJECT PAGE NO. BIDDING REOUIREMENT 00050 Invitation to Bid 1-2 O 0100 Instructions to Bidders 1-9 O 0300 Proposal 1-7 O 0350 Bid Bond 1-2 00360 Notice of Award 1 PART II CONTRACT FORMS O 0500 Contract 1-5 O 0550 Notice To Proceed 1 PART III CONDITIONS OF THE CONTRACT O 0700 General Conditonss 1-39 O 0800 Supplementary Conditons 1-7 PART IV SPECIFICATIONS DIVISION I GENERAL REQUIREMENTS 01000 Abbreviations 1-3 01009 Summary of Work 1-3 01011 Site Conditions 1-4 O 1014 Protection of the Environment 1-4 01016 Safety Requirements and Protection of Property 1-6 01027 Applications for Payment 1-2 01028 Change Order Procedures 1-3 O 1070 Cutting and Patching 1-4 O 1210 Preconstruction Conference 1 01300 Submittals During Construction 1-6 01311 Schedule and Sequence of Operations 1-3 01400 Quality Control 1-3 O 1500 Temporary Construction Facilities and Utilities 1-4 O 1600 Material and Equipment Shipment, Handling, Storage, and Protection 1-3 01700 Contract Closeout 1-3 01710 Final Cleaning 1-2 01720 Project Record Documents 1-3 Jr McClelland 1 Consulting Engineers oat Incoroorpxpletl FayCtevlllq Arkansas TABLE OF CONTENTS PART/SECTION NO. SUBJECT DIVISION 2 SITE WORK 02102 02200 02218 02485 02601 02740 02750 DIVISION 3 03210 03300 DIVISION 15 15001-2 15001-14 15005 Clearing, Grubbing, and Stripping Earthwork, Trench Excavation and Backfill Landscape Grading Finish Grading and Grass Asphalt, Concrete and Gravel Surface Restoration Manhole Construction Manhole Rehabilitation CONCRETE Reinforcing Steel Concrete MECHANICAL Cement -Lined Ductile Iron Pipe and Fittings Polyvinyl Chloride (PVC) Pipe Gravity Sewer Pipe DRAWINGS (Bound Separately) Mapsaad e+ ll I Errolnsen Inaorperarod FOAMY! Iles Arkansas PAGE NO. 1-3 1-4 1-17 1-5 1-2 1-8 1 1 1 1 1 1I 1 1 1 1 1 1 :1 1 1 1 PART I BIDDING REQUIREMENT McClelland r io I Consulting rs Engin•.rs Incoreeraled FarlleWlle, Arkonwe • SECTION 00050 INVITATION TO BID BID NO. 90-36 The City of Fayetteville, Arkansas, will receive sealed bid at the Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas 72702, until 10:30 A.M., August 2, 1990, for the replacement of the Applebury Sewer Main. The project generally consists of constructing approximately 1575 feet of 8" sewer line, construction of 8 new manholes and rehabilitation of 4 existing manholes. Related work shall include interconnection to existing sewers and service lines. Drawings and Specifications may be examined at the following locations: McClelland Consulting Engineers, Inc 1810 North College Avenue Fayetteville, Arkansas 72702 Phone: 443-2377 ABC Plan Room All Rents and Sales Center 903 S. School Fayetteville, AR 72701 A copy of the Documents may be obtained from McClelland Consulting Engineers, Inc., P.O. Box 1229, Fayetteville, Arkansas 72702, upon payment of $50.00 for each Document. Return of the Documents is not required,, and the amount paid for the Documents is nonrefundable. Partial sets are not available. Each Proposal must be submitted on the prescribed form and accompanied by a certified check or bid bond in an amount not less than 5 percent of the amount bid. The successful Bidder will be required to furnish the necessary additional bonds for the faithful performance of the Contract, as prescribed in the Contract Documents. All bid bonds, contract bonds, insurance contracts and certificates of insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having his place of business in the State of Arkansas, and in all ways complying with the insurance laws of the State of Arkansas. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Arkansas. l rump McClelland Consulting Engineers Incorporated Fayetteville, Arkansas Section 00050 - 1 / 1' In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such Contractors' and Business Licenses as required by State statutes. The right is reserved to reject all Proposals or any Proposal not conforming to the intent and purpose of the Contract Documents, and to postpone the award of the Contract for a period of time which, however, shall not extend beyond 90 days from the bid opening date. CITY OF FAYETTEVILLE, ARKANSAS Publish: 7/19/90 & 7/26/90 Purchasing Officer r -u Foy.ttevil1.. P.O. # 24233 MCG.Nand CansalNng 1 Engineers mared Arkonsas 1 Section 00050 - 2 / SECTION 00100 INSTRUCTIONS TO BIDDER PARAGRAPH NO. TITLE PAGE 1. FORMAT 1 2. SPECIFICATION LANGUAGE 1 3. GENERAL DESCRIPTION OF THE PROJECT 1 4. QUALIFICATION OF CONTRACTORS 1 5. DOCUMENT INTERPRETATION 1 6. BIDDER S UNDERSTANDING 2 7. DRAWINGS • 2 8. TYPE OF PROPOSAL 2 9. PREPARATION OF PROPOSALS 2 10. STATE AND LOCAL SALES AND USE TAXES 3 11. SUBMISSION OF PROPOSALS 3 12. TELEGRAPHIC OR WRITTEN MODIFICATION OF PROPOSAL 3 13. WITHDRAWAL OF PROPOSAL 3 14. BID SECURITY 4 15. RETURN OF BID SECURITY 4 16. AWARD OF CONTRACT 4 17. BASIS OF AWARD 4 18. EXECUTION OF CONTRACT 5 19. PLANS FOR CONSTRUCTION 5 20. PERFORMANCE AND PAYMENT BONDS 5 MCCMllano Conealrate �'°1 Enpineer. InoorpomfeE Fopllevllle, Arkaneae Section 00100 - 1 SECTION INSTRUCTIONS 00100 TO BIDDERS 21. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND 5 22. PERFORMANCE OF WORK BY CONTRACTOR 6 23. TIME OF COMPLETION 6 Section 00100 - 2 McClelland esi rvel Consulting Engineers Incorporated Fayetteville, Arkansas 1 SECTION INSTRUCTIONS 00100 TO BIDDERS 1. FORMAT The Contract Documents are divided into parts, divisions, and sections in keeping with accepted industry practice in order to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the Specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project. 2. SPECIFICATION LANGUAGE Command type sentences are used in Contract Documents. These refer to and are directed to the Contractor. 3. GENERAL DESCRIPTION OF THE PROJECT A general description of the work to be done is contained in the INVITATION TO BID. The scope is indicated on the accompanying Drawings and specified in applicable parts of these Contract Documents. 4. QUALIFICATION OF CONTRACTORS The prospective bidders must meet the statutorily prescribed requirements before Award of Contract by the Owner. 5. DOCUMENT INTERPRETATION The Contract Documents governing the work proposed herein consist of the Drawings and all material bound herewith. These Contract Documents are intended to be mutually cooperative and to provide all details reasonably required for the execution of the proposed work. Any person contemplating the submission of a Proposal shall have thoroughly examined all of the various parts of these Documents, and should there be any doubt as to the meaning or intent of said Contract Documents, the Bidder should request of the Engineer, in writing (received by the Engineer at least 5 working days prior to bid opening) an interpretation thereof. Any interpretation or change in said Contract Documents will be made only in writing, in the form of Addenda to the Documents which will be furnished to all Bidders receiving a set of the Documents. Bidders shall submit with their Proposals, or indicate receipt, of all Addenda. The Owner or Engineer will not be responsible for any other explanation or interpretations of said Documents not issued in writing by Addendum. Section 00100 - 3 McClelland LE,ing l Enginen s Incorporated eorarod Fayetteville, Arkansas I 6. BIDDER S UNDERSTANDING Each Bidder must inform himself of the conditions relating to the execution of the work, and it is assumed that he will inspect the site and make himselfthoroughly familiar with all the Contract Documents. Failure to do so will not relieve the successful Bidder of his obligation to enter into a Contract and complete the contemplated work in strict accordance with the Contract Documents. It shall be the Bidder s obligation to verify for himself and to his complete satisfaction all information concerning site and subsurface conditions. • Information derived from topographic maps, or from Drawings showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents. Each Bidder shall inform himself of, and the Bidder awarded a Contract shall comply with, federal, state, and local laws, statutes, and ordinances relative to the execution of the work. This requirement includes, but is not limited to, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources,, fire protection, burning and nonburning requirements, permits, fees, and similar subjects. 7. DRAWINGS No return of Drawings is required and no refund will be made. 8. TYPE. OF PROPOSAL A unit price and totals shall be submitted in the appropriate place on the Proposal. The total amount paid the Contractor shall be the amount of the Base Bid as adjusted for additions or deletions resulting from additive or deductive bid alternates or changes in construction. 9. PREPARATION OF PROPOSALS All blank spaces in the Proposal form must be filled in, preferably in BLACK ink, in both words and figures where required. No changes shall be made in the phraseology of the forms. Written amounts shall govern in cases of discrepancy between the amounts stated in writing and the amounts stated in figures. In case of discrepancy between unit prices and totals, unit prices will prevail. Section 00100 - 4 ,� McClelland esr ned is rvel Cpneuulnp Enpineers Inoorporaled FareIeville, Arkansas 1 Any Proposal shall be deemed informal which contains material omissions, or irregularities, or in which any of the prices are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the published INVITATION TO BID. Only one bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the Owner that any Bidder is interested in more than one bid for work contemplated, all bids in which such Bidder is interested will be rejected. The Bidder shall sign his Proposal in the blank space provided therefor. If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign Contracts on behalf of the corporation. .If Bidder is a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign Contracts in behalf of the partnership. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a notarized power-of-attorney must be on file with the Owner prior to opening of proposals or submitted with the Proposal. 10. STATE AND LOCAL SALES AND USE TAXES Unless the Supplementary Conditions contains a statement that the Owner is exempt from state sales tax on materials incorporated into the work due to the qualification of the work under this Contract, all state and local sales and use taxes, as required by the laws and statutes of the state and its political subdivisions, shall be paid by the Contractor. Prices quoted in the Proposal shall include all nonexempt sales and use taxes, unless provision is made in the Proposal form to separately itemize the tax. 11. SUBMISSION OF PROPOSALS All Proposals must be submitted, not later than the time prescribed, at the place, and in the manner set forth in the INVITATION TO BID. Proposals must be made on the Proposal forms provided herein. Each Proposal must be submitted in a sealed envelope, so marked as to indicate its contents without being opened, and addressed in conformance with the instructions in the INVITATION TO BID. 12. TELEGRAPHIC OR WRITTEN MODIFICATION OF PROPOSAL Any Bidder may modify his bid by telegraphic or written communication at any time prior to the scheduled closing time for receipt of bids, provided such communication is received by the Section 00100 - 5 McClelland ite� mConulellnnp Incorporate d Fayetteville, Arkansas Owner prior to the closing time. The telegraphic or written communication should not reveal the bid price; it shall, however, state the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. 13. WITHDRAWAL OF PROPOSAL Any Proposal may be withdrawn prior to the scheduled time for the opening of Proposals either by telegraphic or written request, or in person. No Proposal may be withdrawn after the time scheduled for opening of Proposals, unless the time specified in Item, AWARD OF CONTRACT, of these INSTRUCTIONS TO BIDDERS shall have elapsed. 14. BID SECURITY Proposals must be accompanied by cash, a certified check, or cashier s check drawn on a bank in good standing, or a bid bond issued by a Surety authorized to issue such bonds in the State where the work is located, in the amount of 5 percent of the total amount of the Proposal submitted. This bid security shall be given as a guarantee that the Bidder will not withdraw his Proposal for a period of 90 days after bid opening, and that if awarded the Contract, the successful Bidder will execute the attached Contract and furnish properly executed Performance and Payment Bonds, each in the full amount of the Contract price within the time specified. The Attorney -in -Fact (Resident Agent) who executes this bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bond. If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form bound herewith, or one conforming substantially thereto in form and content. 15. RETURN OF. BID SECURITY Within 15 days after the award of the Contract, the Owner will return the bid securities to all Bidders whose Proposals are not to be further considered in awarding the Contract. Retained bid securities will be held until the Contract has been finally executed, after which all bid securities, other than Bidders bonds and any guarantees which have been forfeited, will be returned to the respective Bidders whose Proposals they accompanied. Section 00100 - 6 McClelland TheciConsalllnp rte Engineers Incorporated Fayetteville, Arkansas r 16. AWARD OF CONTRACT Within 90 calendar days after the opening of Proposals, unless otherwise stated in the INVITATION TO BID or SUPPLEMENTARY CONDITIONS of these Documents, the Owner will accept one of the Proposals or will act in accordance with BASIS OF AWARD, below. The acceptance of the Proposal will be by written notice of award, mailed or delivered to the office designated in the Proposal. In the event of failure of the lowest responsible and responsive qualified Bidder to sign and return the Contract with acceptable Performance and Payment Bonds, as prescribed herein, the Owner may award the Contract to the next lowest responsible and responsive qualified Bidder. Such award, if made, will be made within 90 days after the opening of Proposals. 17. BASIS OF AWARD Award of the Contract shall be determined on the basis of the lowest responsive, responsible base bid. If, at the time thisContract is to be awarded, the total Base Bid of the lowest acceptable Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all bids or take such other action as best serves the Owner s interests, including consideration of selected Deductive Alternates. 18. EXECUTION OF CONTRACT The successful Bidder shall, within 15 consecutive days after receiving notice of award, sign and deliver to the Owner the Contract hereto attached together with the acceptable bonds as required in these Documents. Within 15 consecutive days after receiving the signed Contract with acceptable bonds from the successful Bidder, the Owner s authorized agent will sign the Contract. Signature by both parties constitutes execution of the Contract. 19. PLANS FOR CONSTRUCTION The successful Bidder will be furnished three sets of Documents without charge. Any additional copies required will be furnished to the Contractor at 50.00 per set. 20. PERFORMANCE AND PAYMENT BONDS The successful Bidder shall file with the Owner a Performance Bond and Payment Bond on the form bound herewith, each in the full MCCIellaad fr1 Engineers Eglnses IaoorvoraNd Fay tevllle, Arkansas Section 00100 - 7 J amount of the Contract Price in accordance with the requirements of the State of Arkansas as applicable, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials for the construction of the work, and to cover all guarantees against defective workmanship or materials, or both, for a period of 1 year after the date of final acceptance of the work by the Owner. The Surety furnishing this bond shall have a sound financial standing and a record of service satisfactory to the Owner, shall be authorized to do business in the State of Arkansas, and shall be listed on the current U. S. Department of Treasury Circular Number 570, or amendments thereto in the Federal Register, of acceptable Sureties for Federal projects. The Attorney -in -Fact (Resident Agent) who executes this Performance Bond and Payment Bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All Contracts, Performance and Payment Bonds, and respective powers -of -attorney will have the same date. 21. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND The Bidder who has a Contract awarded to him and who fails to properly execute the Contract and furnish the Performance Bond and Payment Bond, within the time frame stipulated elsewhere in these documents, shall forfeit the bid security that accompanied his bid, and the bid security shall be retained as liquidated damages by the Owner, and it is agreed that this sum is a fair estimate of the amount of damages the Owner will sustain in case the Bidder fails to enter into a Contract and furnish the bond as hereinbefore provided. Bid security deposited in the form of cash, a certified check, or cashier s check shall be subject to the same requirements as a Bid Bond. 22. PERFORMANCE OF WORK BY CONTRACTOR The Contractor shall perform on the site and with his own organization, work equivalent to at least forty percent of the total amount of the work to be performed under this Contract. If, during the progress of the work hereunder, the Contractor requests a reduction of such percentage, and the Engineer determines that it would be to the client s advantage, the percentage of the work required to be performed by the Contractor s own organization may be reduced; PROVIDED prior written approval of such reduction is obtained by the Contractor from the Engineer. � McClelland ned7 l o ,ly Conwlting Engineers Incorporated Fayetteville, Arkansas Section 00100 - 8 Each bidder must furnish with his bid a list of the items that he will perform with his own forces and the estimated total cost of these items. 23. TIME OF COMPLETION The time of completion of the work to be performed under this Contract is of the essence of the Contract. Delays and extensions of time may be allowed in accordance with the provisions stated in Section GENERAL CONDITIONS. The time allowed for the completion of the work is stated in the Proposal. Section 00100 - 9 ♦ - J MWClellaM fittass Engineer" e rwl Consulting InarporaMd Fayelreville, Arkansas