Site work for a water / sewer project in Flower Mound, Texas. Completed plans call for site work for a water / sewer project.

The Project consists of furnishing all labor, equipment and materials (except as otherwise specified), and performing all work necessary for the construction of wastewater pipe and associated appurtenance detailed in the construction plans and specifications. November 29, 2022, at 12:00 p.m. will be the deadline for receipt of bidder questions. After that day and time, no bidder questions will be accepted or answered by the Engineer or Town. All questions must be submitted in writing to Sabrina Zadow via email address purchasing@flower-mound.com . A Bid Bond in the form of a cashier's check, a certified check, or an acceptable bidder's bond made payable without conditions to the "Town of Flower Mound, Texas" in an amount of not less than five percent (5%) of the total amount of the bid submitted, must accompany each bid as a guarantee that if awarded the contract, the bidder will promptly enter into a contract and execute such bonds as are required and provide evidence of all required insurance coverage. All bidders' security will be retained until a contract has been awarded and executed. Performance Bond: A good and sufficient performance bond in an amount not less than one hundred percent (100%) of the total amount of the contract shall be filed with the Town in accordance with the GENERAL CONDITIONS and SUPPLEMENTARY CONDITIONS in the Contract Documents. Payment Bond: A good and sufficient payment bond in an amount not less than one hundred percent (100%) of the total amount of the contract, shall be filed with the Town in accordance with the GENERAL CONDITIONS and SUPPLEMENTARY CONDITIONS in the Contract Documents. Maintenance Bond: A good and sufficient maintenance bond in an amount not less than one hundred percent (100%) of the total amount of the contract for a period not less than two (2) years following the date of final acceptance, shall be filed with the Town in accordance with the GENERAL CONDITIONS and SUPPLEMENTARY CONDITIONS in the Contract Documents. The Town reserves the right to reject any and all sureties. Attorneys-in-fact who sign the bonds must file with each bond a certified and effective dated copy of their power of attorney. Each Proposal shall be accompanied by either a cashier's check, a certified check, or an acceptable bid bond in an amount of not less than five percent (5%) of the total amount of the bid, made payable without conditions to "Town of Flower Mound, Texas", and the amount of the said Bid Bond may be retained by and forfeited to the Town as liquidated damages if the proposal covered thereby is accepted and a contract based thereon is awarded and the bidder should fail to enter into a contract in the form prescribed, with legally responsible sureties and required insurance coverage acceptable to the Town Attorney, within fifteen (15) days after such award is made by the Town. The Bid Bond of the unsuccessful bidders will be returned if and when their proposals are rejected. The Bid Bond of the bidder to whom a contract is awarded will be returned provided the bidder executes a contract and files the required bonds and insurance. The Bid Bond of the second and third lowest responsible bidders may be retained for a period of time not to exceed one-hundred twenty (120) days after the contract is awarded pending the execution of the contract and bonds by the successful bidder. The Bidder hereby agrees to commence work within ten (10) days after the date written Notice to Proceed shall have been given to him, and to Substantially Complete the Work within the above number of calendar days after the Effective Start Date as shown in the Notice to Proceed and accepts the Two Hundred and Forty Dollars ($240.00) per day liquidated damages provision of the Construction Agreement, in the event of failure to timely obtain Substantial Completion within the specified time period as fair and just compensation to Town for the damages it suffers as a result of any such delays. Substantial Completion is defined in the General Conditions in this document . The Bidder agrees that the Work will reach Final Completion within the above number of calendar days after Effective Start Date as shown in the Notice to Proceed and accepts the Two Hundred Forty Dollars ($240.00) per day liquidated damages provision of the Supplementary Conditions in the event of failure to reach Final Completion of the work within the specified time period as fair and just compensation to Town for the damages it suffers as a result of any such delays. NOW, THEREFORE, if the Principal's Proposal shall be rejected or, in the alternative, if the Principal's Proposal shall be accepted and the Principal shall execute and deliver a contract in the form of the Contract attached hereto (properly completed in accordance with said Proposal) and shall furnish performance, payment and maintenance bonds required by the Contract Documents for the Project and provide proof of all required insurance coverages for the Project and shall in all other respects perform the agreement created by the acceptance of said Proposal, then this obligation shall be void, otherwise the same shall remain in full force and affect; it being expressly understood and agreed that the liability of the Surety for any breach of condition hereunder shall be in the face amount of this bond and forfeited as a proper measure of liquidated damages. ensure timely completion of the Work. The Town may use retained funds to pay liquidated damages; and Hundred Forty Dollars and Zero/One Hundredths Dollars ($240.00) per day or portion of a day in Liquidated Damages will be deducted from the Contract price by the Town for each calendar day or portion thereof that the work is not substantially complete beyond the Substantially Complete Contract time, or within such extra time as may have been allowed by an extension approved by the Town. The Contractor also agrees that the sum of Two Hundred Forty Dollars and Zero/One Hundredths Dollars ($240.00) per day or portion of a day in Liquidated Damages for each calendar day or portion thereof the work has not been finally completed by the Contractor beyond the Contract time for final completion, or within such extra time as may have been allowed by an extension approved by the Town. The Town and the Contractor agree that this amount is payable as reasonable and just compensation for failure to complete the Work on time. This amount is payable as liquidated damages and not as a penalty. For the purpose of tracking time, issuing payment of retainage or bonuses and assessing liquidated damages, Final Completion shall be defined as the date upon which all items identified during the walk-through as being incomplete or not functioning as designed (the punch list) have been completed or corrected and the Contractor has requested final acceptance of the Project. Should the Contractor fail to complete the Work within the Contract Time as stipulated in the Proposal or within such extra time as may have been allowed by extension through a properly approved and executed Change Order, the Town will deduct from any moneys due or coming due to the Contractor, the amount indicated in the Proposal for each calendar day the Work shall remain uncompleted. This sum shall be considered and treated not as a penalty but as fixed, agreed and liquidated damages due the Town from the Contractor by reason of interference with business, inconvenience to the public, added cost of engineering, administration, inspection, maintenance of detours and temporary facilities, and other items which have caused or may cause an expenditure of funds resulting from Contractor's failure to complete the Work within the Contract Time. Neither by the act of taking over the Work nor by the annulment of the Agreement nor by requiring the surety to complete the Agreement shall the Town forfeit the right to recover liquidated damages from the Contractor or his surety for failure to complete the Agreement within the specified Contract Time.