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Home My WebLink About196-05 RESOLUTION• • RESOLUTION NO. 196-05 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH C-2 PROJECIS, LLC IN THE AMOUNT OF $1,287,211.25 FOR THE NORTH COLLEGE WATERLINE REPLACEMENT PROJECT; APPROVING A 10% PROJECT CONTINGENCY IN THE AMOUNT OF $128,000.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $444, 941.25 FOR SAME. 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 $1,287,211 25 for the North College 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, hereby approves a 10% project contingency in the amount of 9128,000.00. Section 3. That the City Council of the City of Fayetteville, Arkansas, hereby approves a budget adjustment in the amount of $444, 941.25 for same. PASSED and APPROVED this 20th day of September, 2005. ATTEST. �G��RK/TR�SG --- •01YOF.? •, • _(j• •73- :FAYETTEVILLE: -.:• • - ;,ys.9,9KANS:*.t By: C�O 4L c= 1< SONDRA SMITH, City Clerk • • DOCUMENT 00500 CONTRACT THIS AGREEMENT, made and entered into on the 20th day of September, 2005, by and between C-2 Protects, LLC Springfield, Missouri, herein called the Contractor, and the City of Fayetteville, Arkansas, Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: I. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled North College Water Main Replacement, dated June, 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) HEET INDEX 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 Three Hundred Seventy Seven Thousand One Hundred Forty One Dollars ($1377 141.00) FY032142 Fayetteville North College Water Section 00500 - 1 SHEET NO. SHEET DESCRIPTION 1 Cover 2 Sheet Index 3 Line 81, Line 83, Line 21, and Line 22 4 Line 81, Line 82, and Line 22 5 Line 82 and Line 83 6 Line 85, Linc 23, Line 24, and Linc 25 7 Line 84 and Line 85 8 Line 86 and Line 61 9 Line 121, Highway Bore Profiles for Line 82 and Linc 121 10 Baxter Lane Fire Hydrant, and Details 11 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 Three Hundred Seventy Seven Thousand One Hundred Forty One Dollars ($1377 141.00) FY032142 Fayetteville North College Water Section 00500 - 1 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 165 calendar days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. 3. 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 loss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General Conditions. Thcy 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 Five 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 hecn 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 Agrcement and the Surety Bond hcreto 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 he 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. FY032142 Fayetteville North College 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: C-2 Projects, LLC CONTRACT OR Owner Title 1 CITY OF AYETTEVILLE, ARKANSAS ATTEST: �! OWNS. / QQ,�,�+�o,. By 1/ t4 Cityk Mayor %%%%%%%%%% %%%%%% SE.... . ;�G: G\TY Oe.c' U• .13 :FAYETTEVILLE: t -C .9,QkA NSitc J�'o: "%y;NcroN �° 1 1 1 1 1 FY032142 Fayetteville North College Water Section 00500 - 3 • • CHANGE ORDER NO. 1 PROJECT: North College Water Main Replacement City of Fayetteville PROJECT NUMBER: FY032142 CONTRACT DATE: September 20. 2005 DATE OF ISSUANCE: October 4, 2005 EFFECTIVE ON DATE APPROVED BY OWNER OWNER: City of Fayetteville CONTRACTOR: C-2 Projects. LLC Change: Delete Deductive Alternate No.1, Line 86 along Washington Avenue, as listed in the Bid Schedule. Reason for Change: To reduce project costs. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES Original Price: $1,377,141.00 Original Contract Time: 165 days Net Changes from previous Amendments or Changes 0 Net Changes from previous Amendments or Changes: None Net Decrease for this Change: $89,929.75 Net Increase for this Change: 0 Days Revised Contract Price: $1,287.211 25 Revise Contract Time: 165 days RECOMjI_. By: ,'�.f hizt,l. - Robert W. White, P.E. McClell�ajnd Consulting Engineers, Inc. Date: /!/f 05— BY: DATE: City of Fayetteville 0 ner APPROVED: ACCEPTED By_ -2 Pr as, LLC Contractor /i- /L yr Date W:12003\0321421Chango OrdeACHANGE ORDER NO 1 doc CORD,,, INSURANCE BI NOE R BINDER IS A TEMPORARY INSURANCE CONTRACT. SUBJECT T ICER PHONE IMC.NB.EALL BARKER PHILLIPS JACKSON INC P 0 BOX 4207 SPRINGFIELD, MO 65808-4207 SUB CODE DATE • O THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. COMPANY I BINDER B UNITED PERE &. rAS f oZIS800000B6B EFFECTIVE EXPIRATI• DAIS 1 TI 1 DALE TIME - 1201 AM _1.0 .13/_2005 19.01 I PM ..1_22/13/20135 MOON THIS BINDER IS SSUED TO EXTEND COVERAGE W THE ABOVE NAMED COMPANY PER EXPIRING POLICY F. 70/71/2005 )MDIID ED CITY OF FAYETTEVILLE, ARKANSAS 113 W. MOUNTAIN FAYETTEVILLE, AR. 72701 DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY Bncludtg Location) CONTRACT: FAYETTEVILLE NORTH COLLEGE WATER MAIN REPLACEMENT, FAYETTEVILLE, AR. CONTRACT AMOUNT: $1,377,141. LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS% _ AMOUNT 'RTM BASIC CAUSES OF LOSS BROAD SPEC Nl UAMU TY COMMERCIAL GENERAL —1 CLAIMS MADE OWNERSJCONTRS PROTRCTIVR LIABILITY OCCUR RETRO DATE FOR CLAIMS MADE. EACH OCCURRENCE $ lOAQQOQ_ FIRE DAMAGE MED PERSONAL (Any one luel 1 EXP (Any one 6 ADV per Bent $ INJURY 1 GENERAL AGGREGATE $ 2000000 PRODUCTS • COMP/OP AGO $ MOBILEUABIU TY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON•OWNED AUTOS COMBINED BODILY SINGLE LIMIT B INJURY IPer pH son) 1 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ MEDICALPAYMENTS 1 _ PERSONAL INJURY PROT $ UNINSURED MOTORIST 1 1 I PHYSICAL DAMAGE COLLISION' OTHER THAN DEDUCTIBLE 1 ALL VEHICLES 1 I SCHEDULED VEHICLES ACTUAL CASIIVALUE 1 STATEDAMOUNT COL: 1 OTHER IDE LJABIUTY ANY AUTO AUTO ONLY • EA ACCIDENT 1 OTHER THANAUTO ONLY: EACH ACCIDENT $ AGGREGATE 1 SS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE 1 AGGREGATE $ SELF INSURED RETENTION $ WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY WC STATUTORY LIMITS E L. EACH ACCIDENT 1 E L. DISEASE • EA EMPLOYEE $ ( L. DISEASE • POLICY LIMIT 1 1AL ADDITIONAL INSURED: MCCLELLAND CONSULTING ENGINEERS, DITIONS/ ERR INC.-P.O. BOX 1229, FAYETTEVILLE, AR. 72702-1229. FEES 1 TAXES 1 FSTIMATED TOTAL PREMIUM 1 VIE & ADDRESS C-2 PROJECTS, LLC.%N 4903 S. STANTON SPRINGFIELD, MO 65810 MORTGAGEE LOSS PAYEE X LOANF rnNTRACTOR ADDITIONAL INSURED AUTHORIZED REPRESENT A TIV ORO 75-S(1/981 NOTE: IMPORTANT STATE INFORMATION ON ERSE ° ACORD CORPORATION 1993 1 1 CONDITIONS This Company binds the kindls) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy lies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars (51,000,000) or more, the title of the form is changed from' Insurance Binder' to' Cover Note". Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 21 19 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than S 1.000,000.00 when proof is required: (A) Shall be fined not more than $500.00. and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. CORD 75-S (1 /98) ACORD,V CERTIFICATE CO LIABILI TY INSURANCE )DIJCER ARKER PHILLIPS JACKSON INC 0 BOX 4207 PRINGFIELD, MO 65808-4207 1 DATE IMMIDO/YYVYI 1D/11/0005 THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # URED C-2 PROJECTS LLC 4903 S STANTON AVE SPRINGFIELD, MO 65810-2448 C2 PRO INSURER A UNITED FIRE & CAS CO 13021 INSURER B. COMMERCE & INDUSTRY INSURANCE INSURER C INSURER D 19410 INSURER E H )VERAGES EHE ANY NAY 'OLICIES. RADO'L 1 POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NER D TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVEPOUCY EXPIRATION DATEIMM/DDNYI I DATELMMIDONYI LIMITS GENERAL COMMERCIAL LIABILITY GENERAL CLAIMSMADE LIABBJTY OCCUR 60338535 09/01/2005 09/01/2006 EACH OCCURRENCE 1 1000000 K DAMGE RENT PR MISESTEa Ocorcncel S 100000 IX MED EXPIMy one linen) $ 5000 PERSONAL & ADV INJURY 1 1000000 GENERAL AGGREGATE S 2000000 &N'. AGGREGATE LIMIT APPLIES PER PRODUCTS -COMP/OPAGG S 2000000 �POUCY n OCT I /LOC AUTOMOBILEUABIUTY ANY Auto ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS 60338535 09/01/2005 09/01/2006 COMBINED SINGLE OMIT (Ea occident! S 1000000 K BODILY INJURY /Per person) 1 X BODILY INJURY IPdr accident) S X PROPERTY DAMAGE (PC, modenll S GARAGE UABIUTY ANY AUTOOTHER AUTO ONLY • EA ACCIDENT S THAN AUTOONLY. EAACC S AGG S EXCESS/UMBRELLA OCCUR DEDUCTIBLE LIABIUTY CLAIMSMADE 603385350 09/01/2005 09/01/2006 EACH OCCURRENCE 1 2000000 AGGREGATE 1 2000000 $10000 1 S X RETENTION S 1 WORKERS COMPENSATION AND EMPLOYERS' 11ABIUTY ANY PROPEOEIOR /E ERXECUTIVE OfFICERMEMBER EXCLUDED/ EXCLUDED/ Ryes. describe olds/ SPECIAL PROVISIONSOelow NC1886071 10/05/2005 10/05/2006 X E . I WCST ATU LOPY LIMITS EACH ACCIDENT 1 rm ER ER. $ 1000000 E L. DISEASE • EA EMROYEE S 1000000 E . DISEASE • POLICY LIMIT S 1000000 OTHER SCPoPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES / EXCLUSIONS ADOEO BY ENDORSEMENT /SPECIAL PROVISIONS !EP: FAYETTEVILLE NORTH COLLEGE WATER MAIN REPLACEMENT, FAYETTEVILLE, AR. GENERAL LIABILITY "NCLUDES BLANKET ADDITIONAL INSURED ENDORSEMENT WHEN REQUIRED BY WRITTEN CONTRACT. ERTIFICATE HOLDER CANCELLATION CITY OF FAYETTEVILLE, ARKANSAS 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 CORD 2512001 /081 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIE EXPIRATION OATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED 10 THE LEFT. BUT FMURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. MITI Po7EO REPRESENI'A lVE . CJD ACORD CORPORATION 1988 Any singular reference "'PERFORMANCE BOND •Bond 58620154 to Contractor, Surety, Owner or other party shall be considered plural where applicablo CONTRACTOR (Name and Address): C-2 Projects, LLC. 4903 S. Stanton Springfield, MO. 65810 OWNER (Name and Address): City of Fayetteville, Arkansas 113 W. Mountain Fayetteville, AR. 72701 SURETY (Name and Principal Place of Business) Western Surety Company 7400 College Blvd. Overland Park, KS. 66210 (800)888-3269 CONSTRUCTION CONTRACT Date: September 20 2005 Amount: (51,377,141.00) One Million Three Hundred Seventy -Seven Thousand One Hundred Forty -One Dollars and no/100 ••• Description (Name and Location): Fayetteville Norah College Water Main Replacement, Fayetteville, AR. BOND Date (Not earlier than Construction Contract Date): October 12 2005 Amount: (S1,377,141.00) One Million Three Hundred Seventy -Seven Thousand One Hundred Forty -One Dollars and no/100 ••• Modifications to this Bond Form: Terrorism Disclosure Included. Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly execut on its behalf by its authorized officer, agent or representative. / CONTRACTOR AS PRINCIPAL AV drifrescli SURETY Company: (Corp. Seal) Company: (Corp. Seal) C-2 Projects, LLC. 1 Western Surety C pany Signaturez- Name and ale: Signature Name and ttle: raham Venable (Attach Power o Attorney-in-FAct Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: Name and Title : SURETY Company: (Corp. Seal) Signature Name and Title: EJCOC No. 1910-28-A (1996 Edaion) Originally prepared through th joint efforts of th Surety Association of America, Engineers' Joint Contract Documents Committee. the ?nog -late] General Contractors of America. and the American institute of Architects SJISWGEEF 7100 1 P--\/ /9 .) /(1 IYU K11 10113 1111 11 11h14 D c ID 00923 970007 Tvoe L E Rec rded 0 8 2005 et 10 51 45 AM Foe Amt: 88.00 Pao@ 1 0 7 W shlnaton Coun v. AR 8 tto Stamps C1 cult C1 k F 1m8027-00000462 Page 1 of 2 1. The Contractor and the Surety. jointly and ay, bind themselves, their heirs, executors, administrators, success* assigns to the Owner for the performance of the Construction Conti which is incorporated herein by reference. 2. If the Contractor performs be Construction Contract the Surety end the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If gore is no Owner Default the Surety's obligation under this Bond shall arise after. 3.1. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days alter receipt of such notice 10 discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree. the Contractor shall be allowed a reasonable time to perform the Construction Contract. but such an agreement shall not waive the Owners right, it any. subsequently to declare a Contractor Default; and 3.2. The Owner has declared a Contractor Oefaub and formally terminated the Contractors right to complete the contact Such Contractor Default shall not be dedared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3. The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terns of the Construction Contract or to a contractor selected to perform the Construction Contrad in accordance with the terms of the contract with the Owner. 4. Ween the Owner has satisfied the conditions of Paragraph 3. the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the Contractor, with consent of the Owner, to perforin and complete the Construction Contract; or 4.2. Undertake to perform and complete the Construction Contract itself. through its agents or through Independent contractors; or 4.3. Obtaln bids or negotiated proposals from qualified conladors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract t0 be prepared for execution by the Owner and the contractor selected with the Owners concurrence, 10 be sensed with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Constnrction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 In excess of the Balance of IM Contract Price Incurred by the Owner resulting from the Contractor's default; or 4.4. Waive its right to perform and complete, arrange fon completion, or obtain a new contractor and with reasonable promptness under the drcumstances: 1. After investigation, determine the amount for which it may be Gable to the Owner and, as won as practicable after the amount is determined, tender payment therefor to the Owner; or 2. Deny Iabtfity in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days alter receipt of an additional written notice from the Owner to the Surety demanding that the Surely pedomt its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4. and the Owner refuses the payment tendered or the Surety has denied liability, In whole or in pan, without further notice the Owner shall be entitled to enforce any remedy evadable to the Owner. 6. After the Ownar has noted the Contractors right to complete the Construction Contract, the Surety elects to act under Subparagraph 4.1, 4.2. or 4.3 above, the the responsihiGbes of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract. and the responsib4dles of the Owner to the Surety Wall not be greater than those of the Owner under the Construction Contract. To the Imlt of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2. Additional legal. design professional and delay coats resulting from the Contractors Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3. Liquidated damages, or 11 no liquidated damages are specs led In the Construction Contract, actual damages caused by dolayed performance or non-performance of the Contractor. 7. The Surety shall not be Gable to lie Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the Balance of the Contract Price shag not be reduced or set orf on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs. executors, administrators. or successors. 6. The Surety hereby waives notice of any change, induaing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable. under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contndor ceased working or within two years after the Surety refuses or falls to perform its obligations under this Bond. whichever occur. fist. 11 the proviskms of This Paragraph are void or prohibited by law, the minimum period of Imitation available to sureties as a defense in the jurisdiction of the wit shall be applicable. 10. Notice to the Surety. the Owner or the Contractor shall be mailed or delivered 10 the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the mnstnldion was to be performed, any provision N this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall he deemed incorporated herein. The Intern Is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions 12.1. Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Ccnstrudgn Contract after all proper adjustments have been made, including allowance to the Contactor of any amounts received or to be received by the Owner N settlement of kuurance or other dams for damages to which the Contractor is entitled, reduced by an valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2. Construction Contract: The agreement between the Owner and the Contndor klentdied on the signature page. including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of the Contractor, venial has neither been remedied nor waived, to pertorm of otherwise to comply with the terms of the Construction Contract. 12.4. Owner Default: Faikse of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): McClelland Consulting Engineers, Inc. P.O. Box 1229, Fayeneville, Alt 72702-1229 (479) 443-2377 Any singular reference CONTRACTOR (Name C-2 Projects, LLC. 4903 S. Stanton Springfield, MO. 65810 • PAYMENT BOND • Bond 58620154 to Contractor, Surety, Owner or other party shall be considered plural where applicable. and Address): SURETY (Name and Address of Principal Place of Business): Western Surety Company 7400 College Blvd. Overland Park, KS. 66210 (800) 888-3269 OWNER (Name and Address): City of Fayetteville, Arkansas 113 W. Mountain Fayetteville, AR. 72701 CONSTRUCTION CONTRACT Date: September 20 2005 Amount: (51,377,141.00) One Million Three Hundred Seventy -Seven Thousand One Hundred Forty -One Dollars and no/l00 ••• Description (Name and Location): Fayetteville North College Water Main Replacement, Fayetteville, AR. BOND Date (Not earlier than Contract Date): October 12 2005 Amount: (51,377,141.00) One Million Thee Hundred Seventy -Seven Thousand One Hundred Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the hereof, do each cause this Payment Bond to be duly executed on its behalf representative. Terrorism Disclosure Included. CONTRACTOR AS PRINCIPAL Company: C-2 Projects, LLC. Signature:`)" Name and Title: /itarAa SURETY (Corp. Seal) Company: Western Surety r/L Signature Name and Title: Graham Attorney -in -Fact (Attach Power of Attorney) Forty -One Dollars and no/I00 ••• terms printed on the reverse side by its authorized officer, agent, or mpany Venable (Corp. Seal (Space is provided for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Sea Signature. Signature: Name and Title: Name and Title: EJCDC No. 1910-28-B (1996 Edition) Originally prepared through the joint efforts of the Surety Association of AmeriCa. Engineers Joint Ccntwt Dotuments Committee. the Associated Gene Contractors of America, American Institute al Architects. the American Subcontractors Association, and the Assocatad Specialty Contractors. P•na cif 1 1 1 1 1 1 1 1 1 r 1 • 1 1 1 1 1 1 1. The Comrador and the Surety. )olnty and Ally, bind themselves their heirs, executors, administrators, suocesson and assigns to the Owner to pay for labor, materials and equipment fumished for use In the performance of the Construction Contract, which is incorporated herein by reference. 2. lath respect to the OWNER this obligation shall be null and void if the CONTRACTOR: 2.1. Promptly makes payment. direly or Indirectly, for al sums due Claimants, and 2.2. Defends, Indemnifies arta holds harmless the OWNER from all deans, demands. liens w suits by any person or entity who famished labor. materials or equipment for use In the performance of the Contract, provided the OWNER has promptly - notified the CONTRACTOR and the Surety (at the address described In Paragraph 12) of any claims demands, liens or suits end tendered defense of such daims. demands. fens or suds to the CONTRACTOR and the Surety, and provide! there b no OWNER Default. 3. WM respect to Claimants, this obligation shad be null and void if the CONTRACTOR promptly makes payment, direly or indiuedy, for all sums due. 4. The Surety shag have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct Centred wpm the CONTRACTOR have given notice to the Surety (at the address described in paragraph 12) and sent a copy. or notice thereof. to the OWNER stating that a claim Is being made under this Bond and, with substantial accuracy. the amount of the claim. 4.2. Claimants who do not have a direct contract with the CONTRACTOR 1, Have lumohed written notice to the CONTRACTOR and sent a copy. or notice thereof, to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment included in the dam stating, with substantial accuracy, the amount of the dawn and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed: and 2, Have either received a rejection In whole or N part from the CONTRACTOR, w not received within 30 days of fumishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR has Indicated the claim wgl be paid directly or Miredty, and 3. Not having been paid within the above 30 days, have sem a written notice to the Surety and sent a copy, or notice thereof, to the Owner, staling that a dein is being made under this Bond and enclosing • copy of the previous written notice punished to the CONTRACTOR, 5. 11 a notice required by paragraph 4 Is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and al the Surety's expense take the following actions: 6.1. Send an answer to the Clamant, with a copy to the OWNER, within 45 days after receipt of the dein, stating the amounts that are undisputed and the basis for challenging any amounts Nat are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Suretys total obligation shag not exceed the amount of this Bond, and the amount of this Bond shag be credited for any payments made in good faith by the Surety. I(FOR INFORMATION ONLY - Name, Address and Telephone) GENCY or BROKER: OWNER'S REPRESENTATIVE (Engineer or otherart McClelland Consulting Engineers, Inc, p y)� P.O. Box 1229, Fayetteville, AR. 72702-1229 (479)443-2377 8. Amounts owed by the AR to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy dams, i1 any, under any Pedomnance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that al funds earned by the o COfy pMatio f s of the CONTRACTOR and the SuCTOR in the performance of the rety underadeN Bond, subjectdedicated to s to the OWNER's priority to use the funds or the oompleuon of the work, 9. The Surety shag not be table to the OWNER Claimants or other for obligations of the CONTRACTOR that are unrelated to the Contract, The OWNER shall not be liable for payment of any costs or expenses o1 any Claimant under this Bond, and shag have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obfgalions to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be canmenced by a Claimant under this Bond other than In a court of competent jurisdiction in the bcation in which the work or part of the work o located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2 or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) tint occurs. If the provisions of this Paragraph are void or pmhbeed by law, the minimum period of limitation available to sureties as a defense In the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the OWNER or the CONTRACTOR, however accomplished, shag be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the Incaton where the contract was to be performed. any provision In this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shag be deemed Incorporated herein. The Intent Is, that this Bond shag be construed as a statutory Bond and not as a common law bond, 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shag permit a copy to be made. 15. DEFINITIONS 15.1. Claimant An individual or entity having a direct contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish tabor, materials w equipment for use in the performance of the Contract. The Intent of this Bond shag be to Include without Imitation In the terms 'labor, materials or equipment that part of water, gas. power, light, heat. dl, gasoline, telephone seMoe or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of the CONTRACTOR and the CONTRACTORS Subcontradors, and an other items for which a mechanic's lien may be asserted In the jurisdiction where the labor, materials or equipment were furnished. 15.2. Conned: The agreement between the OWNER and the CONTRACTOR identified on the signature page. Including all Contract Documents and changes thereto. 15.3. Owner Default Failure o1 the OWNER, which has neither been remedied nor waived. to pay the CONTRACTOR as required by the Contract or to perform and complete or oornpy with the other temps thereof, 1 1 1 1 1 1 1 1 gi • • • MAINTENANCE BOND Bond No. 586201 54 Any savour reference to Contractor. Principal. Surety. Owner or other party shall be cnWeered plural where makable. KNOW ALL MEN BY THESE PRESENTS: That C-2 Projects, LLC -4903 S. Stanton, Springfield, MO. 65810 as Principal. hereinafter called Contractor, and Western Surety Company -7400 College Blvd., Overland Park, KS. 66210 (800) 888-3269 as Surety, hereinafter called Surety, we firmly bound unto City of Faycticvillc, Arkansas -113 W. Mountain, Fayetteville, AR. 72701 (Name and address of Owner) hereinafter called Obligee, in the sum of Onc Million Three Hundred Seventy -Seven Thousand Onc Hundred Forty -One Dollars and no/I00••• (SI,377,I41.00 •••) DOLLARS. lawful money of the United States of America, to be paid to the said Obligee or its successors or assigns to the payment of which sum well and truly to be made. we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor entered into a contract with the said Obligee dated September 20 2005 for Fayetteville North College Water Main Replacement, Fayetteville, AR. NOW, THEREFORE, the condition of this obligation Is such that. if Contractor shall remedy any defects due to faulty materials or workmanship and pay for any damage to other work resulting therefrom which shall appear within a period of TWO year(s) from the date of acceptance of the work provided for in the Contract, then this obligation shall be void; otherwise it shall be and remain in full force and effect. ATTEST: Zye (SEAL) ATTEST: (SEAL) S4e5r1/GEEF 519a C-2 Projects, LLC. (Signet ufe) Name of Contractor/Principal Western Surety Company Principal By: Name of Surety (Signature, Graham Venable Attorney -in -Fact Mach Properly Executed Poser or Attorney Surety j'Vestern Surety Cqppany POWER OF ATTORNEY APPOWrING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby nuke, constiwte and appoint Dennis Breckenridge, Edwin Crawford, Pamela Crawford, David Duncan, Graham Venable, Individually of Springfield, MO, its true and lawful Anoney(s)-in-Fact with full power and authority hereby conferred to sign seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby u fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Anomey, pursuant to the authority hertby given, ase hereby ratified and confirmed. This Power of Attorney is nude and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto axed on this 9th day of March, 2004. . State of South Dakota County of Mmnehaha J Ss WESTERN SURETY COMPANY Paul . BwOat, Senior Vice President On this 9th day of March, 2004, before me personally came Paul T. Bmflat, to me known, who, bcing by me duly sworn, did depose and say; that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that thc seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporanon and taut he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said coryoration. My commission expires November 30, 2006 ..... NN....... ........♦ D. KRELL •• • • NOTARY PUBLIC S c` SOUTH DAKOTA 8 2s s CERTIFICATE D. Krell, NoTiry Public 1, L Nelson, Assistant Seeelar/ of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-law of thc corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name andaffixed the seal of the said contortion this 13th day of October , 2005 Fain F421001-02 WESTERN SURETY COMPANY L Nelson, Auisunt Secretary i i 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Westem Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 1 I 1 1 1 1 1 • • NOTICE TO PROCEED TO: DATE: PROJECT: City of Fayetteville, North College Water Main Replacement You arc hereby notified to commence WORK in accordance with the Contract dated on or before , and you are to complete the WORK within 165 consecutive calendar days thereafter. The date of completion of all WORK is therefore ,20 . Owner By ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of , 20_ By Title FY032142 Fayetteville North College Water Notice to Proceed :1 • City of Fayetteville, Arkansas Budget Adjustment Form • Budget Year 2005 Department: Water & Wastewater Division: Water 8 Sewer Maintenance Program: Capital Water Mains Date Requested 9/20/2005 Adjustment Number Project or Item Added/Increased: $500,000 Is requested in the North College Waterline Replacement project. Project or Item Deleted/Reduced: 3500,000 from the Use of Fund Balance. Justification of this Increase. The funds are to cover the approval of a contract with C- 2 Projects. Justification of this Decrease: There is sufficient fund balance remaining to meet 2005 objectives. Account Name Water line improvements Increase Expense Budget (Decrease Revenue Budget) Account Number Amount Account Name Project Number 5400 5600 5808 00 500,000 02030 Decrease Expense Budget (Increase Revenue Budget) Account Number Amount Use of fund balance 5400 0940 4999 99 500,000 Request 4 Approval Signatures udget'M nager Department Director Finance & In c ces Director Aer Mayor 4 D'etb 7,1 of Date Date Date Date Budget Office Use Only Project Number Type. A Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial - Date Initial Date Initial Date Initial Date %_6tivii0ti4%q6icS NORTH COLLEGE WATER MAIN REPLACEMENT FAYETTEVILLE WATER DEPARTMENT CITY OF FAYETTEVILLE, ARKANSAS MCE PROJECT NO. FY032142 June, 2005 Prepared By: Mcgdkad GasdNng Engineers, Inc. 1810 North Canna, P.O. lox 1229 FannerIOn, Arkansas 72702-1229 (479) 443-2377 ooitt IIOFII"'o. r,COMA" •• • c U: CONS'JETIN644; e i ENGINEERS, : I. ▪ C- •• C ,''gNSAS - EN`' .. ...... /• (1 NORTH COLLEGE WATER MAIN REPLACEMENT FAYETTEVILLE WATER DEPARTMENT CITY OF FAYETTEVILLE, ARKANSAS MCE PROJECT NO. FY032142 June, 2005 Prepared By: on.io... ar McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72702-1229 (479) 443-2377 PART/SECTION N2 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 Price 1.14 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 DIVISION 2 02102 02150 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 1-2 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 SITE WORK Clearing, Grubbing, and Stripping 1-3 Storm Water Pollution Prevention 1-4 FY032142 Fayetteville North College Watcr TOC -1 PART/SECTION N° TABLE OF CONTENTS SUBJECT PAGE N° DIVISION 2 CONTINUED 02200 02218 02223 02444 02485 02601 DIVISION 3 03210 03300 DIVISION 15 15001 15001-2 15001-14 15012 15013 15014 15080 Earthwork, Trench Excavation and Backfill 1-9 Landscape Grading 1-2 Bored Highway Undercrossings 1-5 Fencing 1-4 Finish Grading and Grass 1-3 Asphalt and Concrete Restoration 1-9 CONCRETE Reinforcing Steel 1-3 Concrete 1-12 MECHANICAL Plant Piping - General 1-10 Cement -Lined Ductile Iron Pipe & Fittings 1-4 Polyvinyl Chloride (PVC) Pipe and Fittings 1-3 Miscellaneous Tubing 1-2 Miscellaneous Piping Specialities 1-3 Miscellaneous Metering and Measuring Devices 1-3 Manually Operated Valves 1-4 APPENDIX A Standard Water Line Specifications City of Fayetteville APPENDIX B Special Provisions APPENDIX C Water Shut Down and Boil Orders City of Fayetteville APPENDIX D Occupational Safety Health Administration (OSHA) Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P APPENDIX E Arkansas State Licensing Law for Contractors APPENDIX F Chapter 5 Tree and Landscape Manual City of Fayetteville FY032142 Fayetteville North College Water TOC -2 PART I BIDDING REQUIREMENTS ADVERTISEMENT FOR BIDS Bid: 05-59 PROJECT: Fayetteville North College Water Main Replacement MCE Project No.: FY032142 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 North College Avenue (Hwy 71-B) between Maple Street and North Street, including approximately 377 feet of 12 -inch PVC water main, approximately 4,450 feet of 8 -inch PVC water main, approximately 3,500 feet of 2 -inch and 1 -inch waterline, two 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 until 2:00 PM. Local Time on August 16th , 2005 at the Office of the Purchasing Manager 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. 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 Copies of the Bidding documents may be obtained at the Engineer's office in accordance with the Instructions to Bidders upon paying the sum of $80.00 for each set of documents. Return of documents is not required, and amount paid for documents is not refundable. Partial sets are not avai lable. 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 Tess than 5 percent of the amount bid. FY032142 Fayetteville North College Water 00030 - I 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 period of time which shall not exceed beyond 90 days from the bid opening date. CITY OF FAYETTEVILLE, ARKANSAS Peggy Vice, Purchasing Manager FY032142 Fayetteville North College Water 00030 - 2 DOCUMENT 00100 INSTRUCTIONS TO BIDDERS PARAGRAPH NO/TITLE PAGE NO. 1. FORMAT 1 2. SPECIFICATION LANGUAGE 3. GENERAL DESCRIPTION OF THE PROJECT 1 QUALIFICATION OF CONTRACTORS DOCUMENT INTERPRETATION 1 BIDDER'S UNDERSTANDING 2 PROJECT MANUAL AND DRAWINGS 2 TYPE OF BID 2 TRENCH AND EXCAVATION SAFETY SYSTEM 3 ALTERNATES 3 PREPARATION OF BIDS 3 STATE AND LOCAL SALES AND USE TAXES 3 SUBMISSION OF BIDS 4 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 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 arc 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 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, in writing (received by the Engineer at least 5 working days prior to bid opening) an interpretation thereof. FY032142 Fayetteville North College Water Section 00100-1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 of a 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. FY032142 Fayetteville North College Water Section 00100-3 1 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 1 1 1 1 19. BASIS OF AWARD Within 90 calendar days after the opening of Bids, unless otherwise stated in the ADVERTISEMENT 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 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 Bids. 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. 1 20. EXECUTION OF CONTRACT The successful Bidder shall, within 15 consecutive days after receiving notice of award, sign 1 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. 1 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, I 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 ' FY032142 Fayetteville North College Water Section 00100-5 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 are a condition of the contract. FY032142 Fayetteville North College Water Section 00100-7 DOCUMENT 00200 INFORMATION AVAILABLE TO BIDDERS PART I. GENERAL 1.1 SECTION INCLUDES 1-1. Arkansas Prevailing Wage Determination Number 04-346. PART 2. PRODUCTS Not Used. PART 3. EXECUTION Not Used. END OF SECTION FY032142 Fayetteville North College Water Section 00200 - 1