Loading...
HomeMy WebLinkAbout99-94 RESOLUTIONRESOLUTION NO. 99-94 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT IN THE AMOUNT OF $50,390.00 WITH LASITER ASPHALT FOR PRECISION RUNWAY MARKINGS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City Council hereby authorizes the Mayor and City Clerk to execute a contract in the amount of $50,390.00 with Lasiter Asphalt for precision runway markings. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 6th day of September , 1994. ATTEST: By: /via / au Traci Paul, City Clerk APPROVED/ By: Fred Hanna, Mayor CONTRACT STATE OF ARKANSAS CITY OF FAYETTEVILLE THIS AGREEMENT, made and entered into this ATH day of SEPTEMBER, 1994 by and between the City of Fayetteville, Party of the First Part, hereinafter called the OWNER and Lasiter Asphalt Maintenance Co., Inc. Party of the Second Part, hereinafter called the CONTRACTOR. WITNESSETH THAT: WHEREAS, the OWNER has called for bids for the construction of Renovations to Airfield Pavement Markings at Drake Field as set out in the Specifications and Plans No. FY942142 and, WHEREAS, the CONTRACTOR agrees with the Owner to commence and complete the airfield pavement marking renovation and all miscellaneous related work for a finished job, the unit prices bid in the Proposal estimated quantities included on the Bid Proposal Sheet, for the Base Bid made part of this Contract, the total being Fifty Thousand, Three Hundred Ninety & O°/100 Dollars ($50.390.00). Such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance, taxes, permits, and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Proposal attached hereto and made a part hereof, and in accordance with the General Provisions and Specifications, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter hereof. The CONTRACTOR agrees to fully complete all work under this Contract within 30 calendar days. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract in accordance with the accepted Proposal therefore, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below: As soon as is practicable after the first of each calendar month, the OWNER will make partial payments to the CONTRACTOR for work performed during the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the CONTRACTOR and accepted by the OWNER. Except as Contract - 1 otherwise provided by law, ten percent (10%) of each approved estimate shall be retained by the OWNER until 50 percent project completion at which time no additional retainage will be retained without reasonable justification by the OWNER or his representative. Upon final completion and acceptance by the OWNER and ENGINEER, the ENGINEER shall then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder, shall be and are essential conditions hereof. The CONTRACTOR agrees to commence the work within ten (10) calendar days from the date of the issuance of the Notice to Proceed, and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails to complete the contract within the time stipulated herein, the CONTRACTOR agrees to pay the OWNER, as liquidated damages, the sum of four hundred and fifty dollars ($450.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages the OWNER would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage the OWNER would sustain. The Liquidated Damages shall apply to the Localizer downtime and to the total construction time stated by the Contractor in the Proposal. Said amounts of liquidated damages shall be deductible from any amount due the CONTRACTOR under Final Estimate of said work, after the completion thereof, and CONTRACTOR shall be entitled only to the Final Estimate, less such amounts of liquidated damages. If the CONTRACTOR is delayed at any time in the progress of the work by any act or neglect of the OWNER or of his employees, or by any other CONTRACTOR employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the CONTRACTOR's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion may be extended for such reasonable time as the Engineer may decide in concurrence with the FAA. No such extension shall be made for delay occurring more than seven (7) days before a claim therefore is made in writing to the Contract - 2 Engineer. In the case of a continuing cause of delay, only one claim is necessary. In the event the CONTRACTOR abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given the CONTRACTOR by the OWNER or by the ENGINEER, then the OWNER shall have the option of declaring this contract at an end, in which event, the OWNER shall not be liable to the CONTRACTOR for any work theretofore performed hereunder; or requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of the CONTRACTOR, and in that event, should the surety fail, neglect or refuse to carry out said contract, said OWNER may complete the contract at its own expense, and maintain an action against the CONTRACTOR and the surety hereto for the actual cost of same; together with any damages or other expense sustained or incurred by the OWNER in completing this contract less the total amount provided for hereunder to be paid the CONTRACTOR, upon the completion of this Contract. The Contractor agrees that only manufactured products will be used subcontractors, materialmen, and suppliers this contract, as defined in (a) below. domestic steel and by the Contractor, in the performance of (a) The following terms apply to this clause: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) those produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. 2 Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3 Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. This Contract shall representatives, successors, including the surety. be binding upon the heirs, or assigns of the parties hereto, Contract - 3 • • IN WITNESS WHEREOF, the OWNER and CONTRACTOR have hereto set their hands and seals respectively. (SEAL) FIRM NAME:Lasiter Asphalt Maintenance Co., Inc. W TNESSES:\ 01Q }Oil Ot-Skl A tka ? - t (SEAL) ATTEST: City Clerk BYW ©Ltc`t- (TITLE) City of Fa etteville Fayettevfle, Arkansas BY: f'„E /;�/:;; Feed Hanna (Mayor) Contract - 4 1 1 1 1 1 1 1 1 DRAKE FIELD 1 FAYETTEYILLE MUNICIPAL 1 1 1 1 1 1 1 1 1 1 CONSTRUCTION SPECIFICATIONS MICROFILMED FOR RENOVATION OF AIRFIELD PAVEMENT MARKINGS AT AIRPORT FAYETTEYILLE, ARKANSAS Project No. FY942142 AIP PROJECT NO. 3-05-0020-18 JULY, 1994 Prepared By: McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72701 �o 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ADDENDUM NO. 1 Renovation of Airfield Pavement Markings Drake Field Fayetteville, Arkansas AIP 3-05-0020-18 Project No, FY942142 The original Plans and Specifications dated July, 1994 for the project are amended as noted in this Addendum. Receipt of this Addendum shall be acknowledged on the Proposal. This Addendum consists of 1 page. Changes to the Specifications Item No. 1 Change Paragraph 620-2.1 PAINT. To read "...TT - P85...." Except as expressly amended herein, the Plans and Specifications shall remain in effect as originally released. MCCLELLAND CONSULTING ENGINEERS, INC. August 9, 1994 CONSTRUCTION SPECIFICATIONS FOR RENOVATION OF AIRFIELD PAVEMENT MARKINGS AT DRAKE FIELD FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS Project No. FY942142 AIP PROJECT NO. 3-05-0020-18 JULY, 1994 Prepared By: McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72701 TABLE OF CONTENTS SECTION Notice to Contractors Instructions to Bidders Proposal Notice of Award Equal Opportunity Certification Contract Notice to Proceed Performance Bond Payment Bond Federal Wage Decision Wage, Labor, EEO, & Safety Requirements General Provisions Section 1.0. Section Section Section Section Section Section Section Section (FAA Standards, as revised tor this project) Definition of Terms 20. Proposal Requirements and Conditions 30. Award and Execution of Contract 40. Scope of Work 50. Control of Work 60. Control of Materials 70. Legal Relations and Responsibility to Public 80. Prosecution. and Progress 90. Measurement and Payment Special Provisions General Description of the Project Coordination of the Work Safety Requirements and Construction Procedures Identification of "Engineer" Authority of Engineer Limitations of the Engineers Responsibilities Engineer's Visits to the Site Contractor's Examination. Arrangement of Spec.ficatior.s and Plans Workmen PAGE NO. 1-4 1-7 1-3 1-4 1 1-2 1 2 1 1-21 1-54 1-5 6-9 10-11 12-16 17-23 24-27 28-37 38-45 46-54 1 1 1 1-9 10 10-11 11 11 12 12 13 TABLE OF CONTENTS (Continued) SECTION PAGE tiO. Special Provisions (Continued) Horseplay 13 Insurance 13-18 Subcontractors 18 Contractor's Routine Access tc Site 18 Owner -Furnished Materials 18 Quality of Plans 18 Partial Acceptance 19 Progress Schedule 19 Contractor to Perform Construction Staking 2C Work Done Without Lines and Grades 2C Preservation. of Monuments and Stakes 2C Other Contractors 20 Record Drawings 21 Publicity 21 Modifications and Waivers 21 Standards 21 Testing 21 Payment for Stored Materials 22 Cost of Plans and Specifications 23 Ownership of Engineering Data 23 Partial Sets of Plans and Specifications for Subcontractors 23 Damage to Existing Facilities 23 Reporting of Accidents 23 Pre -Construction Conference 23 Waterways 23 Safety and Security 24 Function of the Engineer and Relationship Between Engineer and Contractor 24-26 Contractor's Responsibility Regarding Special Application Materials and Products 26 Temporary Facilities 27-28 Permits, Licenses, Laws, Ordinances Reau]at:cns and Taxes 28-29 FAA Standard Specifications (As Revised for this Project) Appendices Appendix A Appendix B Appendix "Buy American" Exclusion. Products A.rport_ Safety - SW 5200-5A Plan Shoot NOTICE TO CONTRACTOR Notice is hereby given that in pursuance to an order of the City of Fayetteville, sealed bids will be received at the Purchasing Office or Room 306 of the City Administration Building, 113 West Mountain, Fayetteville, Arkansas, until 2:C0 ?.M., cn the 12th day of August, 1994, for the furnishing of all tools and labor, and the performance of work to be done in renovating the runway and taxiway marking system at Drake Field, Fayetteville Municipal Airport Work under this Contract shall include there marking of the Airfield pavement. The location of the work is set out in the Plans and Specifications to be on file in the offices of McClelland Consulting Engineers, Inc.: P.O. Box 1229, 181C N. College Avenue, Fayetteville, Arkansas. All bids will be opened and considered at a meeting, to be held in. Room 306 at the City Administration Building, 113 West Mountain, Fayetteville, Arkansas at 2:C5 P.M. local time, on the 12th day of August, 1994, and at such adjourned meetings thereafter as may be necessary. All necessary work, materials, and every item of construction shall be in accordance with the Plans and Specifications as prepared by the Engineer. Copies of the documents may be obtained from the office of the Engineer upon the payment of the sum of Thirty-five dollars ($35.CC), said payment not being refundable. Pertinent information and the detailed specifications will be furnished to suppliers at ccst of reproduction. A Pre -Bid Conference will be held at 1:3C F.M. on August 8, 1994 at the Airport Managers office in the Terminal Building, Drake Field, Fayetteville, Arkansas. The purpose of this meeting is to review the project requirements with the prospective bidders and to tour the project site. Bidders shall make such inspection and studies of the site of the work as to thoroughly familiarize themselves with all conditions to be encountered. Each bid mus' be accompanied by a surety bond (proposal guaranty) in the amount equal to five percent (5%) of the whole bid, said bond to be issued by a surety company licensed tc do business in the State of Arkansas, said bond to he retained as liquidated damages in case the successful bidder tails, neglects, or refuses to enter into the contract for the construction of said works, and furnish the necessary bonds within fifteen (151 days from and after the date of the Notice of Award. Notice tc Contractor; - 1 The successful bidder will be required to furnish separate performance and payment bonds, in favor of the City of Fayetteville, Fayetteville, Arkansas, in an amount equal to one hundred percent (100%) of the contract amount, at the time of the award of the contract, if said contract exceeds $100,000. Notice is hereby given that the City of Fayetteville is an Equal Opportunity employer. Buy American Requirement. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development for which funds are to be provided under the FAA grant. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. All bidders and proposers shall make good faith efforts, as defined in Appendix A of 49 CFR Part 23, Regulations of the Office of the Secretary of Transportation, to Subcontract ten (10) percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). In the event that the bidder of this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttable presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans; Asian -Pacific Americans and Asian - Indian Americans. The apparent successful bidder will be required to submit its information concerning the DBE's that will participate in this contract. The information will include the name and address for each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract (subcontract) and shall be submitted with the proposal. If the bidder fails to achieve the contract goal as stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered non-responsive. The City of Fayetteville reserves the right to reject any and all bids, and to waive any formalities deemed to be in the best interest of the Commission. The proposed contract is under and subject to Executive Order 11246 of September 24, 1965, and to the Equal Opportunity Clause contained in the Specifications. Notice to Contractors - 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The successful bidder will be required to submit a Certification of Nonsegregated Facilities prior tc award of the contract, and tc notify prospective subcontractors of the requirement for such a Certification where the subcontract exceeds $10,000. Samples of the Certification and the Notice to Subcontractors appears in the Specifications. The attention of all bidders is called to the fact that any contractor or subcontractor on this pro ect having 50 or more employees and who may be awarded a contract or subcontract of $50,000 or more will be required to maintain. an Affirmative Action Program within 120 days of commencement of the contract. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for employment of minorities. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for Females Participation ir. each trade is 6.9% Goals for Minority Participation ir. each trade is 3.3% These goals are applicable to all the Contractor's construction. work (whether or not it is Federal or federally assisted) performed in the coverage area. The coverage area for female participation is nationwide. The coverage area for minority participation is Baxter, Benton, Boone, Carroll, Madison, Marion, Newton, Searcy, and Washington counties in Arkansas and Adair and Delaware counties in Oklahoma. The Contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,CCC 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; employee identification number; estimated dollar amount of the subcontract; estimated starting and completion dates cf the subcontract; and the geographical area ir. which the contract is to be performed. Attention is called to the fact that no less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this Project. Notice to Contractors - 3 The Bidder must supply all the information required by the proposal form. The attention of all bidders is called to the fact that they must be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature, as amended. Peggy Bates Purchasing Officer City of Fayetteville Fayetteville, Arkansas Notice to Contractors - 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00100 INSTRUCTIONS TO BIDDERS 1. FORMAT The Contract Documents are divided into parts, divisions, and secticns 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 wcrk to be done is contained in the NOTICE TO CONTRACTORS. The scope is indicated on the accompanying Drawings and specified in applicable parts of these Contract Documents. 4. OUALIFICATICN OF BIDDERS The prcspective bidders must meet the statutorily prescribed requirements before Award of Contract by the Owner. Before a Contract will be awarded for the work contemplated herein, the Owner will conduct such investigation as is necessary to determine the performance record and ability of the apparent low Bidder to perforin the size and type of work specified under this Contract. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. 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 fcr the execution of the proposed work. Any person contemplating the submission of a Bid 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 S working days prior to bid open.irg) an interpretation thereof. Any interpretation or Section 0000 - 1 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. 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 himself thoroughly 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. PROJECT MANUAL AND DRAWINGS No return of Project Manual or Drawings is required and no refund will be made. The successful Bidder will be furnished three sets of Documents without charge. Any additional copies required will be furnished to the Contractor at $35.00 per set. Partial sets will not be available. 8. TYPE OF BID Unit prices shall be submitted in the appropriate places on the Bid. The total amount to be paid the Contractor shall be the total amount of the unit price items as adjusted based on quantities Section 00100 - 2 installed and/or any adjustment for additions or deletions resulting from additive or deductive al..ernates or change orders during construction. - 9. PREPARATION OF BIDS All blank spaces in the Bid 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. Any Bid 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 NOTICE TO CONTRACTORS. Only one bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear tc the Owner that any Bidder is interested in more than one bid fcr work contemplated, all bids in which such Bidder is interested will be rejected. The Bidder shall sign his Bid in the blank space provided therefor. If Bidder is a corporation, the legal name cf the corporation shall be set forth above, together with the signature of the cfficer or officers authorized to sign Contracts on behalf of the corporation. If Bidder is a partnership or sole proprietorship, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized tc sign Contracts in behalf of the firm. If signature is by an agent, other than an officer of a corporation or a member of a partnership or sole proprietorship, a notarized power-of-attorney must be on file with the Owner prier to opening of bids or submitted with the Bid. 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 Bid shall include all nonexempt sales and use taxes, unless provision is made in the Bid form to separately itemize the tax. 11. SUBMISSION OF BIDS All Bids must be submitted, not later than the time prescribed, at the place, ana in the manner set forth in. the NOTICE TO Section 60:00 - 3 CONTRACTORS. Bids must be made on the Bid forms provided herein. Each Bid 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 NOTICE TO CONTRACTORS. Bids may not be submitted by FAX machines. 12. TELEGRAPHIC OR WRITTEN MODIFICATION OF BID 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 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 BID Any Bid may be withdrawn prior to the scheduled time for the opening of Bid either by telegraphic or written request, or in person. No Bid may be withdrawn after the time scheduled for opening of Bids, unless the time specified in Item, AWARD OF CONTRACT, of these INSTRUCTIONS TO BIDDERS shall have elapsed. 14. BID SECURITY Bids 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 Bids submitted. This bid security shall be given as a guarantee that the Bidder will not withdraw his Bid 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. All bid bonds and resident agent of State of Arkansas State of Arkansas. sufficient. Contract bonds shall be executed by a licensed the surety having his place of business in the and in all ways complying with the laws of the The mere countersigning of a bond will not be Section 00100 - 4 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 cf the Contract, the Owner will return the bid securities to all Bidders whose Bids 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 fcrfeited, will be returned to the respective Bidders whose Proposals they accompanied. 16. AWARD OF CONTRACT Within 60 calendar days after the opening of Bids, unless otherwise stated in the NOTICE TC CONTRACTORS or SPECIAL PROVISIONS of these Documents, the Owner will accept one of the Bids or will act in accordance with BASIS OF AWARD, below. The acceptance of the Bid will be by written notice of award, mailed or delivered to the office designated ir. the Bid. In the event of failure of the lowest responsible and responsive qualified Bidder to sign and return the Ccntract 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 Bids. BASIS OF AWARD If, at the time this Contract 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. Basis of award will be as stated in the Proposal. 18. EXECUTION OF CONTRACT The successful Bidder shall, within 15 consecutive days after receiving notice of award, sign and deliver to the Owner the Ccntract 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. Sianature by both parties constitutes execution of the Contract. The successful Bidder sham conform to the Rules and Regulations of Arkansas Department cf Finance and Administration concerrir_c nonresident contractor's notice and bond requirements. Section CC100 - 5 19. 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 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. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the project is located or it ceases to meet the requirements of the preceding paragraph, Contractor shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to Owner. 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. 20. 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. 21. 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, Section 00100 - 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1