13405-20241108163428 CMS.pdf

CCONTRACT DOCUMENTS & SPECIFICATIONS

For

UNDERPASS PARK IMPROVEMENTS

Owner:

281 E Leake Street Clinton, MS 39056

Prepared By:

1510 N. State Street, #300 Jackson, MS 39202 WAS Proj. No. 247056-004

Date of Issue: November, 2024

Main Street Clinton 00400 Proposal Forms

ADVERTISEMENT FOR BIDS

NOTICE is hereby given that the Main Street Clinton will receive bids until the hour of 5 o'clock p.m.

local time, on Friday, November 22 at the Main Street Clinton office located at the following address:

Main Street Clinton 281 E Leake Street Clinton, MS 39056

Received Bids will then be publicly read aloud in the Main Street Clinton Conference Room. Bids are for the furnishing of all labor, materials, and equipment necessary for the construction of that certain project designated as “UNDERPASS PARK IMPROVEMENTS”.

Project Drawings and Specifications are on file and can be viewed at the Main Street Clinton Office.

Bids are for the installation of paving, lighting, landscape and irrigation improvements at The Underpass Park located East of the Main Street Clinton Office, West of the existing Lions Club Park.

and below the Clinton Parkway Bridge.

The total Contract Time will be 90 consecutive calendar days.

Prebid meeting shall be held at the project site at 9:00 a.m. on Friday, November 15, 2024

Proposals must be qualified under Mississippi laws and shall hold current Certificates of Responsibility as issued by law.

PDFs of drawings and specifications, together with contract documents, may be obtained from WAS Design, Inc 1510 N. State Street, #300, Jackson, MS 39202, Telephone No. 601-790-0781, jacy@was-design.com. Hardcopies can be obtained from Jackson Blueprint if desired. Contractor shall be responsible for contacting Jackson Blueprint requesting prints and paying for them.

Main Street Clinton reserves the right to reject any and all bids and to waive any information and irregularities therein, solicit new bids, and award the bid to the best bidder.

Main Street Clinton BY: Tara Lytal, Director

PUBLISH DATE: November 8, 2024

SECTION 00200

mailto:jacy@was-design.com

Underpass Park Improvements 00400 - 1 Proposal Forms

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page 1— Receipt of Bids 2— Bids 3— Method of Bidding 4— Addenda and Interpretations 5— Certificate of Responsibility Number 6— Bid Security 7— Liquidated Damages for Failure to Enter into Contract 8— Security for Faithful Performance 9— Law and Regulations 10— Condition of Work 11— Obligation of Bidder 12— Time of Completion 13— Non-Collusion Affidavit 14— Interpretations 15— Subcontractor 16— Qualifications of Bidders 17— Method of Acceptance – Responsive Bidder 18— Method of Award 19— Insurance 20— Contract Award 21— Issuance of “Notice to Proceed” 22— Non-Resident Bidders 23— Pre-Bid Meeting Minutes (if meeting required)

Underpass Park Improvements 00400 - 2 Proposal Forms

SECTION 00200

INSTRUCTION TO BIDDERS

1. Receipt of Bids: See copy of Section 00100 - Advertisement for Bids bound herewith.

2. Bids:

A. Shall be made on the forms provided in Sections C and D and all applicable blank spaces filled in. Alterations, erasures, or changes of any kind must be initialed by the BIDDER and shall not contain any recapitulation of the work to be done. No oral, telephonic, or telegraphic proposals will be considered.

B. BIDDERS ARE HEREBY NOTIFIED THAT ANY PROPOSAL ACCOMPANIED BY

LETTERS, QUALIFYING IN ANY MANNER, THE CONDITION UNDER WHICH

THE PROPOSAL IS TENDERED, WILL BE CONSIDERED AS AN IRREGULAR

BID AND SHALL NOT BE CONSIDERED IN MAKING THE AWARD.

C. Bids may be withdrawn prior to the scheduled bid deadline or authorized postponement thereof. Bids received after the time and date specified shall not be considered.

D. Submit bids as follows:

1. Bid for construction of “Underpass Park Improvements”

2. Certificate of Responsibility No. ____________________.

3. By “________________________”

E. Any addenda issued during the bidding shall be noted on the Bid Form and shall become a part of the executed Contract.

3. Method of Bidding:

A. The bid is a lump sum bid that will consist of a base bid amount and alternate bid amounts (if any) in accordance with the Drawings, Specifications and Contract Documents.

B. Main Street Clinton reserves the right to reject any or all bids and to waive any and all informalities.

4. Addenda and Interpretations:

A. Should a bidder find discrepancies in, or omissions from, the drawings or specifications or should be in doubt as to their written meaning, he should at once notify the Landscape Architect, who will send a written instruction or interpretation to all known holders of the documents. The Landscape Architect will not be responsible for any oral instructions.

B. Addenda to specifications or drawings that may be issued before or during the time of bidding shall be acknowledged in the bid form and will become a part of the Contract.

5. Certificate of Responsibility Number:

Underpass Park Improvements 00400 - 3 Proposal Forms

A. No bids will be accepted or considered unless the above information is given as specified. Sufficient evidence that said certificate of responsibility number has been issued and is in effect at the time of receiving bids, and that Bidder's CR work classification(s) qualifies him to perform the type(s) of work required for this project, must be submitted when required by Owner.

7. Liquidated Damages for Failure to Enter into Contract: The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within fifteen (15) days after he has received the contract for execution, shall forfeit to the Owner, as liquidated damages, the bid security deposited with his bid.

8. Security for Faithful Performance: Simultaneously with his delivery of the executed Contract, the Contractor shall furnish Contract Performance and Payment Bonds in the full amount of the Contract for the payment of all persons performing labor on this Contract and for furnishing all materials in connection with this Contract. The surety on such Bond or Bonds shall be a duly authorized Surety Company doing business in the State of Mississippi.

9. Law And Regulations: The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

10. Condition of Work: Each bidder shall visit the site and inform himself fully of the conditions at the site relating to the completion of the project. Failure to do so will not relieve a successful bidder of his obligation to furnish all material, equipment and labor necessary to carry out the provisions of his contract.

11. Obligation of Bidder: At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Drawings, Specifications and Contract Documents (including addenda issued, if any).

12. Time of Completion: Bidder must agree to commence work on or before the date specified in a written "Notice to Proceed" from the Owner and to fully complete the project within the number of consecutive calendar days as set forth in these Contract Documents.

13. Non-Collusion Affidavit: Contractor must complete (in duplicate) the non-collusion affidavits included in the Contract Documents and submit same as part of his bid. FAILURE

TO DO SO WILL DISQUALIFY HIS BID.

14. Interpretations: No oral interpretation made to any Bidder as to the meaning of the Drawings and Specifications or Contract Documents shall be considered an effective modification of the provisions of the Contract Documents. Written and oral requests for interpretation of the Drawings and Specifications shall be submitted to the Engineer for a formal decision which will be given in writing to all Drawing and Specification holders.

15. Subcontractor: The Bidder is specifically advised that any person, firm or other party to whom it proposes to award a subcontract must be acceptable to the Owner. All subcontractors shall be vetted per ARPA requirements.

A. Qualifications of Subcontractors, Material and/or Equipment Suppliers:

Within fifteen (15) working days after award of contract, the CONTRACTOR will submit to the OWNER for acceptance, a list of the names of Subcontractors and such other persons and organization (including those who are to furnish principal items of

Underpass Park Improvements 00400 - 4 Proposal Forms materials or equipment) proposed for those portions of the Work as to which the identity of the Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) working days after receiving the list, the OWNER will notify the CONTRACTOR in writing if either the OWNER, after due investigation, has reasonable objection to any Subcontractor, person or organization on such list. The failure of the OWNER to make objection to any Subcontractor, person or organization on the list within thirty (30) working days of receipt shall constitute an acceptance of such Subcontractor, person or organization but shall not constitute a waiver of any right of the OWNER to reject any WORK, MATERIAL or EQUIPMENT that is not in conformance with the requirements of the Contract Documents.

B. The CONTRACTOR will not employ any Subcontractor, other person or organization, whether initially or as a substitute, against whom the OWNER may have reasonable objection.

C. CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any obligation on the part of OWNER or LANDSCAPE ARCHITECT to pay or to see to the payment of monies due Subcontractors or other persons or organizations, except as may otherwise be required by law.

D. The divisions and sections of the Specifications and the identifications of Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work to be performed by specific trades.

E. The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the

OWNER.

F. All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor.

G. The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors and material/men engaged in the Work.

a. The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and to give the CONTRACTORS the same power as regards terminating subcontracts that the OWNER may exercise over the CONTRACTOR under provisions of the Contract Documents.

b. The OWNER will not undertake to settle differences between the CONTRACTOR and his Subcontractors or between Subcontractors.

c. If in the opinion of the OWNER, a Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, he shall be replaced if and when the CONTRACTOR is so directed in writing.

Underpass Park Improvements 00400 - 5 Proposal Forms

16. Qualifications of Bidders: The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the work and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request.

The Owner reserves the right to reject a Bid if the evidence submitted by or investigation of such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the items of Work contemplated therein.

17. Method of Acceptance – Responsive Bidder: The OWNER will accept Bids from all qualified, responsive, responsible Bidders. The responsiveness of the Bidder shall be determined by (1) the completeness and regularity of the Bidder’s proposal; (2) the Bid Form being without exclusions or special conditions; (3) the Bid Form having no alternative Bids for any items unless requested; (4) such other factors as may be considered under State Law, Federal Law or regulation.

The evaluation of best Bidder will be based on whether the Bidder (1) maintains a permanent place of business; (2) has adequate plant equipment to do the work properly and within the time limit that is established; (3) has adequate financial status to meet the obligations contingent to the work; (4) has adequate manpower and present workload is such that it can perform according to a reasonable schedule; and (5) such other factors as may be considered under State Law, Federal Law or regulation.

18. Method of Award: The owner will award the Contract to the most qualified and responsible Bidder unless all the Bids are rejected. The award will be based on the evaluation of the combination of Base Bid and those alternatives (if any) selected by the OWNER in any order determined to be in the best interest of the OWNER and which produces a total within available funds. Other criteria that could be considered include the following information upon Owner’s request:

● Ability and History in Completing Past Projects within Established Budgets and

Timelines

● Teams Qualifications, Relevant Experience, and Capabilities

● References

19. Insurance: The Contractor will be required to carry the types and amounts of insurance specified in the Supplementary Conditions; Section 00800 as enclosed herein for the full term of the Contract.

20. Contract Award: Award of Contract, if made, shall be within fifteen (15) days of date of receipt of Bids.

21. Issuance of "Notice to Proceed": If the Contract is awarded, the Owner will issue the "Notice to Proceed" within thirty (30) days after the date of agreement of the Contract.

22. Non-Resident Bidders: Awarding public contracts to non-resident bidders will be on the same basis as the non-resident Bidder’s state awards Contracts to Mississippi Contractors bidding under similar circumstances. In order to ensure that Mississippi’s so called “Golden Rule” is followed, state law requires a non-resident Bidder to attach to his bid, a copy of his resident state’s current laws pertaining to such state’s treatment of non-resident contractors.

23. Pre-Bid Meeting Minutes (if meeting required): If a pre-bid meeting is specified, the minutes of said meeting will be issued for clarification as an addendum prior to the bid opening. The minutes will be attached to this section of the Contract Documents and Specifications during the contract document process after the award of the project and the issuance of the final contracts to the selected Contractor.

Underpass Park Improvements 00400 - 6 Proposal Forms

(This Page is Intentionally Left Blank and Reserved for Pre-Bid Meeting Minutes - if meeting was required)

Underpass Park Improvements 00400 - 7 Proposal Forms

END OF SECTION

SECTION 00400

PROPOSAL FORMS

TABLE OF CONTENTS

Page

Underpass Park Improvements 00400 - 8 Proposal Forms

1— Bidder’s Proposal 2— Corporate Certification (if incorporated) 3— Partnership Certification (if partnership) 4— Limited Liability Company Certification (if LLC) 5— Non-Collusion Affidavit 6— Space Reserved for Issued Bidding Addenda (if any – in numeric order)

Underpass Park Improvements 00400 - 9 Proposal Forms

BIDDER’S PROPOSAL

Proposal of (hereinafter called "BIDDER"), organized and existing under the laws of the State of doing business as a , insert: (corporation, partnership, limited liability company, or individual) to: the Main Street Clinton, (hereinafter called "OWNER"). In compliance with your advertisement for Bids, BIDDER, hereby proposes to perform all WORK for construction of the Underpass Park Improvements in strict accordance with the CONTRACT DOCUMENTS, within the time set forth herein, and at the prices stated below. By submission of the BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been developed independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in a written "NOTICE TO PROCEED" and to fully complete the Project within 90 consecutive calendar days thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $150.00 for each consecutive calendar day thereafter as provided for elsewhere in these CONTRACT

DOCUMENTS.

BIDDER ACKNOWLEDGES receipt of the following ADDENDA:

NUMBER DATE

Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to this bid.

BIDDER understands that the items and quantities mentioned below are approximate only and are subject to either increase or decrease, and hereby proposes to perform any increased or decreased quantities of work at the Unit Price Bid.

Underpass Park Improvements 00400 - 10 Proposal Forms

In accordance with the requirements of the Plans, Specifications and Contract Documents, BIDDER proposes to furnish all necessary materials, equipment, labor, tools and other means of construction and to construct the Project in accordance with the Contract Documents within the specified Contract

Time for the following Unit Prices specified.

Bidder further agrees to execute the contract agreement as bound herein within fifteen (15) days after receipt of contract forms from the owner.

BIDDER agrees to pay as liquidated damages the amount provided herein for each consecutive calendar day after the Contract completion date specified in a written "NOTICE TO PROCEED" that he fails to complete the work unless the Contract Time is extended by a written Change Order.

BIDDER also proposes to execute a Performance Bond and a Payment Bond, as shown in the

Specifications, each in an amount of not less than one hundred percent (100%) of the total of the awarded amount. These Bonds shall not only serve to guarantee the completion of the work on the

BIDDERS part, but also to guarantee the excellence of both workmanship and materials until the work is finally accepted.

Further, the BIDDER agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provision of the Equal Opportunity Clause set forth in the Federal

Requirements, if applicable.

The BIDDER shall supply the names and address of major MATERIAL SUPPLIERS AND

SUBCONTRACTORS when required to do so by the OWNER.

The Landscape Architect is WAS Design, Inc. 1510 N. State Street, #300, Jackson, MS 39202

Underpass Park Improvements 00400 - 11 Proposal Forms

BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following lump sum price:

1. Project bid shall be on a lump sum basis for entire project scope. Having examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Bid Documents prepared by WAS Design, Inc. for the above-mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Sum of:

2. Base Bid Project Sum:

_________________________________________________________ dollars ($______________________), in lawful money of the United States of America.

3. Add Alternate 1 Sum:

_________________________________________________________ dollars ($______________________), in lawful money of the United States of America.

4. Add Alternate 2 Sum:

_________________________________________________________ dollars ($______________________), in lawful money of the United States of America.

NOTES:

1. Any erasure change or alteration of any kind must be initialed by the BIDDER.

2. Bid prices shall include sales tax and all other applicable taxes and fees.

3. Owner reserves the right to award any combination of base and alternate bids (if any) it deems advantageous. The Owner further reserves the right to make deletions after the Contract has been awarded. Any deletions, if any made, shall be by Change Order and bidder hereby agrees to accept such Change Orders.

RESPECTFULLY SUBMITTED BY:

(PLEASE

PRINT)

SIGNATURE:

NAME AND TITLE: (SEAL)

(PLEASE

PRINT)

IF BY

CORPORATION

ADDRESS:

PHONE NUMBER:

CERTIFICATE OF RESPONSIBILITY NUMBER:

Underpass Park Improvements 00400 - 12 Proposal Forms

CORPORATE CERTIFICATE

(To Be Executed If Bidder Is A Corporation)

I, certify that I am the Secretary of the Corporation named as

Contractor in the foregoing Proposal; that who signed said

Proposal on behalf of the Contractor, was then of said Corporation;

that said Proposal was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

Name:

Title:

Signature:

Date:

(CORPORATE SEAL)

Underpass Park Improvements 00400 - 13 Proposal Forms

PARTNERSHIP CERTIFICATE

(To Be Executed If Bidder Is A Partnership)

STATE OF ( )

ss:

COUNTY OF ( )

On this day of , 2024, before me personally appeared , known to be and known by me to be the person who executed the above instrument, who being by me first duly sworn, did depose and say that he is general partner in the firm of:

; that said firm consists of himself and ; and that he executed the foregoing instrument for and on behalf of said firm for the uses and purposes stated herein.

Name:

Signature:

Notary Public in and for the

County of State of

(Notarial Seal)

My Commission Expires:

Underpass Park Improvements 00400 - 14 Proposal Forms

LIMITED LIABILITY COMPANY CERTIFICATE

(To Be Executed If Bidder Is A Limited Liability Company)

I, the undersigned ____________________________, hereby certify that I am the Manager of _________________________________ (the “Company”) or if the Company does not have a Manager, a Member of the Company with full power and authority to bind the Company; that ___________________________ who executed the Proposal on behalf of the Company is _______________________________ of the Company with full power and authority to execute same on behalf of the Company, and that the Proposal and the Contract, if awarded to the Company, are within the powers and authority of the Company.

Name:

Title:

Signature:

Date:

Name:

Signature:

Notary Public in and for the

County of State of

(Notarial Seal)

My Commission Expires:

Underpass Park Improvements 00400 - 15 Proposal Forms

AFFIDAVIT

(TO BE EXECUTED IN DUPLICATE)

STATE OF MISSISSIPPI

COUNTY OF

I, ____________________________________________________________________

(name of person signing affidavit) individually, and in my capacity as__________________________________________

(title) of ____________________________________________________________________

(name of firm, partnership, limited liability company, or corporation.)

being duly sworn, on oath do depose and say as follows:

(a) That , Bidder on the Underpass Park Improvements, has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this contract; nor have any of its officers, partners, employees or principal owners.

(b) further, that neither said legal entity nor any of its directors, officers, partners, principal owners or managerial employees are currently debarred from bidding on public contracts by the State of

Mississippi or any of its agencies; or by one or more of the other states or any of their agencies; or by the Federal Highway Administration.

Signature ____________________________________

Title ________________________________________

(SEAL)

Sworn before me this day of , 2024.

My commission expires Notary Public

NOTE: FAILURE TO PROPERLY SIGN AND NOTARIZE THIS AFFIDAVIT WILL DISQUALIFY

THE BID.

Underpass Park Improvements 00200 Instructions to Bidders

AFFIDAVIT

(TO BE EXECUTED IN DUPLICATE)

STATE OF MISSISSIPPI

COUNTY OF

I, ____________________________________________________________________ (name of person signing affidavit) individually, and in my capacity as__________________________________________ (title) of ____________________________________________________________________ (name of firm, partnership, limited liability company, or corporation.)

being duly sworn, on oath do depose and say as follows:

(a) That , Bidder on the Underpass Park Improvements, has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this contract; nor have any of its officers, partners, employees or principal owners.

(b) further, that neither said legal entity nor any of its directors, officers, partners, principal owners or managerial employees are currently debarred from bidding on public contracts by the State of

Mississippi or any of its agencies; or by one or more of the other states or any of their agencies; or by the Federal Highway Administration.

Signature _________________________________________

Title _____________________________________________

(SEAL)

Sworn before me this day of , 2024.

My commission expires Notary Public

NOTE: FAILURE TO PROPERLY SIGN AND NOTARIZE THIS AFFIDAVIT WILL DISQUALIFY

THE BID.

Underpass Park Improvements 00200 - 1 Instructions to Bidders

(This Page Left Intentionally Blank and Reserved for Issued Bidding Addenda -if any)

Underpass Park Improvements 00200 - 2 Instructions to Bidders

(This Page Left Intentionally Blank and Reserved for Issued Bidding Addenda -if any)

END OF SECTION