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HomeMy WebLinkAbout136-05 RESOLUTION• • RESOLUTION NO. 136-05 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH C-2 PROJECTS, LLC IN THE AMOUNT OF $1,180,177.45 FOR THE HIGHWAY 62-FARMINGTON WATERLINE REPLACEMENT PROJECT; APPROVING A 12% PROJECT CONTINGENCY IN THE AMOUNT OF $140,000.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $678,585.00 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 approves a construction contract with C-2 Projects, LLC in the amount of $1,180,177.45 for the Highway 62 -Farmington Waterline Replacement Project. A copy of the contract, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas approves a 12% project contingency in the amount of $140,000.00. Section 3: That the City Council of the City of Fayetteville, Arkansas approves a budget adjustment in the amount of $678,585.00. PASSED and APPROVED this 5'" day of July, 2005. APPROVE 13y: ATTEST: By (j. A% FAYETTEVILLE; it :.s., s9`t 919kAI`Mc ~ ` SONDRA SMITH, City Clerk hereby hereby DAN COODY, ayor 1 1 1. 1 1 1 1 1 1 1 1 • DOCUMENT 00500 CONTRACT THIS AGREEMENT, made and entered into 2005, by and between C-2 Pro j nc t s , the City of Fayetteville, Arkansas, Owner: • on the Sthdayof July, 2005 r.r.e herein called the Contractor, and WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and forth as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained hcrein and are entitled Highway 62 Water Main Replacement, dated February, 2005. Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond Maintenance Bond General Conditions Supplemental Conditions Specifications Drawings (See Sheet Index below) 2. That the City of Fayetteville hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of: One Million one hundred eighty thousand one hundred Dollars al, 180,17Y.45 seventy seven dollars and forty five cents 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 100 calendar days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. FY042125 Fayetteville Hwy 62 Water Section 00500 - 1 SHEET NO. SHEET DESCRIPTION 1 Cover 2 Index, Legend & Location Map 3-7 Highway 62 Plans 8-9 Interconnection Plans 10 Highway Crossing Cross Sections 11 Highway and Ditch Crossing Cross Sections 12-13 Details 2. That the City of Fayetteville hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of: One Million one hundred eighty thousand one hundred Dollars al, 180,17Y.45 seventy seven dollars and forty five cents 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 100 calendar days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. FY042125 Fayetteville Hwy 62 Water Section 00500 - 1 • • 4. Liquidated Damages: The City of Fayetteville and Contractor recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer financial Toss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by the City of Fayetteville if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay the City of Fayetteville Frve Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. 5. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be withheld by the City of Fayetteville until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the City of Fayetteville. 6. That upon submission by the Contractor of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the City of Fayetteville. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surcty Bond hereto attached for its faithful performance and payment, the City of Fayetteville shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the City of Fayetteville, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City of Fayetteville. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City of Fayetteville. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the City of Fayetteville in writing. FY042125 Fayetteville Hwy 62 Water Section 00500 - 2 • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. SEAL: WITNESSES: City Clerk A. •• C' Y oF• • G'P i - U•• •OS A f- : FAYETTEVILLE: A,77ANSP.�. �onGTO•N G�J```. wuuuu%u%%` • C - P4 CONTRACTOR By CITY OF OWNER By Title YETTEV ILLE, ARKANSAS ayor FY042125 Fayetteville Ilwy 62 Water Section 00500 - 3 1 HIGHWAY 62 WATER MAIN REPLACEMENT FARMINGTON, ARKANSAS 1 FAYETTEVILLE WATER DEPARTMENT 1 1 CITY OF FAYETTEVILLE, ARKANSAS 1 1 1 1 MCE PROJECT NO. FY042125 February, 2005 1 ' Prepared By: A McClelland Consulting Engineers, Inc. ' 1810 North College, P.O. Box 1229 Fayetteville, Ark 72702.1229 (479) 443-2377 1 AR.( \SAS dja rrrs<rilt7 ! V J Ayer,/� . ( INSURORS, INC. 1334 S. Glenstone Springfield, MO 65804 Tel. 417-882-2600 Fax 417-883-1513 RE: C-2 Projects LLC To Whom It May Concern: Please use this letter as your authority to date the bonds and power of attorney the same date as the contract date. Also, please forward us a copy of the contract dated and signed. Thank you for your assistance and please call if you have any questions. Sincerely, Graham Venable LARGE enough to serve you SMALL enough to know you HIGHWAY 62 WATER MAIN REPLACEMENT FARMINGTON, ARKANSAS FAYETTEVILLE WATER DEPARTMENT CITY OF FAYETTEVILLE, ARKANSAS MCE PROJECT NO. FYO42125 February, 2005 Prepared By: OssIgned 7b Sangni - J<ttt� McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72702-1229 (479) 443-2377 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART/SECTION N° TABLE OF CONTENTS SUBJECT PAGE N° PART I 00030 00100 00200 00300 00350 00360 BIDDING REQUIREMENTS Advertisement for Bids 1-2 Instructions to Bidder 1-7 Information Available to Bidders 1 Bid Form Unit Pnce 1-11 Bid Bond 1-2 Notice of Award 1 PART II CONTRACT FORMS 00500 Contract 1-3 00600-1 Performance Bond 1-2 00600-2 Payment Bond 1-2 Maintenance Bond 1 Contractor's Affidavit 1 Notice to Proceed 1 PART III CONDITIONS OF THE CONTRACT 00700 General Conditions 00800 Supplementary Conditions PART IV DIVISION 1 01000 01009 01011 01014 01016 01027 01028 01070 01210 01300 01311 01400 01500 01600 01700 01710 01720 1-27 1 SPECIFICATIONS GENERAL REQUIREMENTS Abbreviations 1-2 Summary of Work 1-2 Site Conditions 1-4 Protection of the Environment 1-2 Safety Requirements and Protection of Property 1-5 Application for Payment 1-2 Change Order Procedures 1-3 Cutting and Patching 1-3 Preconstruction Conferences 1-2 Submittals During Construction 1-5 Schedule & Sequence of Operations 1-3 Quality Control 1-3 Temporary Construction Facilities and Utilities 1-3 Material and Equipment Shipment, Handling, Storage, and Protection 1-3 Contract Closeout 1-2 Clean -Up 1-2 Project Record Documents 1-3 FY042125 Hwy 62 Water TOC -1 PART/SECTION N° TABLE OF CONTENTS SUBJECT PAGE N° DIVISION 2 SITE WORK 02102 Clearing, Grubbing, and Stripping I-3 02150 Storm Water Pollution Prevention 1-4 02200 Earthwork, Trench Excavation and Backfill 1-9 02218 Landscape Grading 1-2 02223 Bored Highway Undercrossings 1-5 02444 Fencing 1-4 02485 Finish Grading and Grass 1-3 02601 Asphalt and Concrete Restoration I-9 DIVISION 3 CONCRETE 03210 Reinforcing Steel 1-3 03300 Concrete 1-12 DIVISION 15 MECHANICAL 15001 Plant Piping - General 1-10 15001-2 Cement -Lined Ductile Iron Pipe & Epoxy Coated Fittings 1-4 15001-14 Polyvinyl Chloride (PVC) Pipe and Fittings 1-3 15012 Miscellaneous Tubing 1-2 15013 Miscellaneous Piping Specialties 1-4 15014 Miscellaneous Metering and Measuring Devices 1-3 15080 Manually Operated Valves 1-4 15082 Self -Contained Automatic Process Valves 1-3 APPENDIX A Standard Water Line Specifications City of Fayetteville APPENDIX 13 Special Provisions APPENDIX C Water Shut Down and Boil Orders City of Fayetteville APPENDIX D Occupational Safety Health Administration (OSI -IA) Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P FY042125 Hwy 62 Water TOC -2 DOCUMENT 00030 ADVERTISEMENT FOR BIDS 05-47 Bids: PROJECT: Fayetteville Highway 62 Water Main Replacement, Farmington, Arkansas MCE Project No.: FY042125 McClelland Consulting Engineers, Inc. 1810 North College P.O. Box 1229 Fayetteville, Arkansas 72701 Phone: (479) 443-2377 The City of Fayetteville will receive scaled bids for the construction of water mains in the vicinity of Highway 62 in Farmington, Arkansas, including approximately 2,175 feet of 12 -inch PVC water main, approximately 5,852 feet of 8 -inch and 6 -inch PVC water main, approximately 2,145 feet of 2 -inch and 1 -inch waterline, eleven highway bores, fire hydrants, valves, fittings, and related facilities. Bids shall be on a unit price basis. The City of Fayetteville, Arkansas will receive bids June 16'", 2005, at 2:00 p.m. Local Time at the Office of the Purchasing Officer located in Room 306, 113 W. Mountain, Fayetteville, Arkansas. Bids received after this time will not be accepted. Bids will be opened and publicly read aloud immediately after specified closing time in a room to be designated. All interested parties are invited to attend. Bidding Documents may be examined at the offices of the Engineer and at: ABC Plans Room Southern Reprographics 2905 Point Circle Fayetteville, AR 72704 NW Ark. Planning Room 103A Apple Blossom Rd. Bethel Heights, AR 72764 Construction Market Data P.O. Box 1109 (72203) 1501 N. Pierce, Suite 101 Little Rock, AR 72207 Copies of the Bidding documents may be obtained at the Engineers office in accordance with the Instructions to Bidders upon paying the sum of $90.00 for each set of documents. Return of documents is not required, and amount paid for documents is not refundable. Partial sets are not available. Each Bid must be submitted on the prescribed form and accompanied by a certified check or bid bond executed on the prescribed form, payable to the City of Fayetteville, Arkansas in an amount not less than 5 percent of the amount bid. FY042125 Fayetteville Hwy 62 Water 00030 - 1 For information concerning the proposed work, contact Robert W. White, P. E. at the Engineers office. The attention of the Bidder is directed to the applicable federal and state requirements and conditions of employment to be observed and minimum wage rates to be paid under this contract. "Pursuant to Arkansas Code Annotated 22-9-203, the City of Fayetteville, Arkansas encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, the City of Fayetteville, Arkansas encourages all general contractors to subcontract portions of their contract to qualified small, minority, and women business enterprises." The Owner reserves the right to waive irregularities and to reject bids and to postpone the award of the Contract for a penod of time which shall not exceed beyond 90 days from the bid opening date. CITY OF FAYETTEVILLE, ARKANSAS Peggy Vice, Purchasing Officer FY042125 Fayetteville Hwy 62 Water 00030 - 2 DOCUMENT 00100 INSTRUCTIONS TO BIDDERS PARAGRAPH NO./TITLE PAGE NO. 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. PROJECT MANUAL AND DRAWINGS 2 8. TYPE OF BID 2 9. TRENCH AND EXCAVATION SAFETY SYSTEM 3 10. ALTERNATES 3 I I. PREPARATION OF BIDS 3 12. STATE AND LOCAL SALES AND USE TAXES 3 13. SUBMISSION OF BIDS 4 14. TELEGRAPHIC OR WRITTEN MODIFICATION OF BID 4 15. WITHDRAWAL OF BID 4 16. BID SECURITY 4 17. RETURN OF BID SECURITY 5 18. AWARD OF CONTRACT 5 19. BASIS OF AWARD 5 20. EXECUTION OF CONTRACT 5 21. PERFORMANCE AND PAYMENT BONDS, MAINTENANCE BOND 5 22. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND 6 23. PERFORMANCE OF WORK BY CONTRACTOR 6 24. TIME OF COMPLETION 7 25. PROVIDING REQUIRED INSURANCE 7 DOCUMENT 00100 INSTRUCTIONS 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. (hese 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 ADVERTISEMENT FOR BIDS. 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. 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 perform 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 for 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, to writing (received by the Engineer at least 5 working days prior to hid opening) an interpretation thereof. FY042125 Fayeneville Hwy 62 Water Section 00100-1 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 Bids, 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, contractor's license, nonresident contractors' notice and bond requirements, and similar subjects. 7. PROJECT MANUAL AND DRAWINGS No return of 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 $ 90.00 per set. Partial sets will not be available. 8. TYPE OF BID Unit prices shall be submitted in the appropriate places on the Bid form. The total amount to be paid to the Contractor shall be the total amount of the unit price items as adjusted based on quantities installed and/or any adjustment for additions or deletions resulting from additive or deductive alternates or change orders during construction. FY042125 Fayetteville Hwy 62 Water Section 00100-2 9. TRENCH AND EXCAVATION SAFETY SYSTEM IN ACCORDANCE WITH ACT 291 OF 1993, BIDDERS MUST PROVIDE A SEPARATE PRICE FOR TRENCH AND EXCAVATION SAFETY PROGRAMS IN THE SPACE PROVIDED ON THE BID FORM. FAILURE TO DO SO WILL, SUBJECT THE BIDDER TO DISQUALIFICATION. 10. ALTERNATES Not used. 11. PREPARATION OF BIDS All blank spaces on 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 ADVERTISEMENT FOR BIDS. 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 Bid Form on 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 or sole proprietorship, the true name of the firm shall be set forth above, together with the signature of the sole proprietor, partner or partners authorized to sign Contracts in behalf of the firm. If signature is by an agent, other than an officer ofa corporation or a member of a partnership or sole proprietor, a notarized power-of- attorney must be on file with the Owner prior to opening of bids or submitted with the Bid. 12. 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. FY042125 Fayetteville Hwy 62 Water Section 00100-3 13. SUBMISSION OF BIDS All Bids must be submitted, not later than the time prescribed, at the place, and in the manner set forth in the ADVERTISEMENT FOR BIDS. Bids must be made on the Bid Form 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 ADVERTISEMENT FOR BIDS. 14. 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. 15. WITHDRAWAL OF BID Any Bid may be withdrawn prior to the scheduled time for the opening of bids 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. 16. 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 Bid 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 Contract bonds shall be executed by a LICENSED AGENT of the Surety as licensed by the Arkansas Insurance Commissioner and in all ways complying with the laws of the State of Arkansas. The mere countersigning of a bond will not be sufficient. 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. FY042125 Fayetteville Hwy 62 Water Section 00100-4 17. RETURN OF BID SECURITY Within 15 days after the award of 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 forfeited, will be returned to the respective Bidders whose Bids they accompanied. 18. AWARD OF CONTRACT Within 90 calendar days after the opening of Bids, unless otherwise stated in the ADVER1 ISEMENT FOR BIDS or SUPPLEMENTARY CONDITIONS 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 on the Bid Form. In the event of failure of the lowest responsible and responsive qualified Bidder to sign and retum 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 Bids. 19. BASIS OF AWARD If, at the time this Contract is to be awarded, the Total Base Bid of the lowest acceptable Bid 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. 20. 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. The successful bidder shall conform to the Rules and Regulations of Arkansas Department of Finance and Administration concerning nonresident contractor's notice and bond requirements. 21. PERFORMANCE AND PAYMENT BONDS, MAINTENANCE BOND 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 FY042125 Fayetteville Hwy 62 Water Section 00100-5 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. The successful Bidder shall file with the Owner a two year Maintenance Bond on the form bound herewith, in the full amount of the Contract Price. 22. 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. 23. 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 Owner'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. 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. FY042125 Fayetteville Hwy 62 Water Section 00100-6 24. 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 Document 00700 - GENERAL CONDITIONS. The time allowed for the completion of the Work is stated in Document 00500 - Contract. 25. PROVIDING REQUIRED INSURANCE The Bidder's attention is directed to the insurance requirements set forth in the General Conditions (amended in the Supplementary Conditions, if appropriate). Submittal of a bid indicates full understanding and intent to comply with the insurance requirements which arc a condition of the contract. FY042125 Fayetteville Hwy 62 Water Section 00100-7 DOCUMENT 00200 INFORMATION AVAILABLE TO BIDDERS PART I. GENERAL 1.1 SECTION INCLUDES 1. Arkansas Prevailing Wage Determination Number 04-382. PART 2. PRODUCTS Not Used. PART 3. EXECUTION Not Used. END OF SECTION FY042125 Fayetteville Hwy 62 Water Section 00200 - I