2-2026-0811 CONTRACT AND GENERAL DOCUMENTS.pdf

CONTRACTUAL DOCUMENTS, GENERAL CONDITIONS,

SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS,

AND INSTRUCTION TO BIDDERS

FOR

E 2ND ST IMPROVEMENTS

CITY OF GULF SHORES, ALABAMA

JULY 2026

E 2ND ST IMPROVEMENTS 1

TABLE OF CONTENTS

INVITATION FOR BIDS

INSTRUCTIONS TO BIDDERS

APPENDIX A AFFIDAVIT OF CONTRACTOR OR DIRECT VENDOR

APPENDIX B AFFIDAVIT FOR SUBCONTRACTOR

PROPOSAL FORM

BID BOND

PERFORMANCE BOND

LABOR AND MATERIAL BOND

NOTICE OF AWARD

CONTRACT

NOTICE TO PROCEED

WAIVER AND RELEASE OF LIEN

GENERAL CONDITIONS

E 2ND ST IMPROVEMENTS 2

INVITATION FOR BIDS

Sealed Bids will be received, opened, and read aloud in public session by the City of Gulf Shores, Alabama, for E 2ND ST IMPROVEMENTS at 2:00 P.M., Tuesday, August 11, 2026 in the Gulf Shores City Hall Council Chambers. Work will include removal and replacement of existing roadway section of the E 2nd St block between E 22nd Ave and E 23rd Ave. Included in the scope of work is all trades, and sitework related to the removal of existing pavement and construction of infrastructure: asphalt roadway, parking, median, concrete sidewalks, drainage, grading, hardscape, landscape, and other related items. Additionally, relocation of an existing water main is included with portions being abandoned in place. New 12” waterline shall be connected to existing waterline as per the plans and coordination with local utility. Portions of existing 6” waterline will be relocated as well for installation of stormwater drainage facilities. Qualified contractors are invited to Bid. This contract is for the purpose of providing all materials and labor to install the E 2ND ST IMPROVEMENTS in conformance with the Specifications.

Contract Documents are available for download from the City’s Bonfire Bidding Procurement Portal:

https://gulfshores.bonfirehub.com/portal/?tab=openOpportunities

A mandatory pre-bid conference will be held at 10:00 A.M. on Tuesday, August 4, 2026 in the Council Chambers in City Hall. Bids from Bidders who do not attend this conference will be rejected.

All contractors will be required to obtain a business license from the City to operate within the Corporate Limits.

Sealed bids are to be submitted via the Bonfire Bidding Procurement Portal. Contact Shelby DeBlieux at (251) 968-1443 or sdeblieux@gulfshoresal.gov with any general bidding questions.

Please contact Bonfire Customer Support for technical assistance at (800) 354-8010 or support.bonfire@eunasolutions.com

The lowest responsive, responsible Bid will be accepted with key consideration based upon the benefit to the public. However, the City of Gulf Shores, Alabama, reserves the right to reject any and all Bids, to waive any irregularity in the Bids received, and to accept or reject any items of the Bid for the benefit of the public. No conditional Bids will be accepted. No Bid may be withdrawn for a period of thirty (30) days after the scheduled closing date and time for the receipt of Bids.

THE CITY OF GULF SHORES, ALABAMA

E 2ND ST IMPROVEMENTS 3

INSTRUCTIONS TO BIDDERS

1. BID FORMS

A complete set of Bidding Documents is included herein.

2. EXAMINATION OF DOCUMENTS AND PROJECT SITE

A. Carefully examine the Bidding Documents, Specifications and the work site. Bids shall include all costs required to execute the work under the existing conditions.

B. All inquiries and questions to be submitted electronically through the City of Gulf

Shores bidding procurement portal.

C. Extra payments will not be made for conditions which can be determined by examining the documents and the site.

3. INTERPRETATIONS AND ADDENDA

A. Should the Bidder find discrepancies, ambiguities, or omissions in the Specifications, or should he be in doubt as to their meaning, he shall at once notify the Construction Manager.

B. The Construction Manager will issue Addenda to clarify discrepancies, ambiguities, or omissions in the Specifications.

C. Addenda will be posted to the Bonfire procurement portal. Addenda shall become part of the contract and all bidders must acknowledge receipt of Addenda on their bid form or their bid will be rejected. Bidders shall be bound by ALL Addenda.

4. MODIFICATIONS AND WITHDRAWAL OF BIDS

A. Bids may not be modified after submittal.

B. Any bidder may withdraw his Bid, either personally or by written request, at any time prior to scheduled time for opening bids.

C. No Bidder may withdraw his Bid for a period of thirty (30) days after date set for opening thereof, and all Bids shall be subject to acceptance by the Owner during this period.

5. MANDATORY PRE-BID CONFERENCE

A mandatory pre-bid conference will be held prior to the bid opening. Bids from Bidders who do not attend this conference will be rejected. The date of the pre-bid conference is shown in the Invitation to Bid.

6. AWARD OF CONTRACT

E 2ND ST IMPROVEMENTS 4

A. The Owner will award a single contract, dependent upon availability of funds.

B. The contract will be awarded to the lowest responsive qualified contractor, subject to Owner’s right to reject any or all Bids and to waive informality and irregularity in Bids and bidding.

C. The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bid Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted.

7. PRE-QUALIFICATION OF CONTRACTORS

Each Bidder shall be prepared, if requested by the Owner, to present evidence of its experience, qualifications, and financial ability to carry out the terms of the Contract.

The Owner reserves the right to disqualify any bidder who, in the judgment of the Owner, fails to adequately demonstrate qualifications and experience sufficient to enable that bidder to successfully complete the scope of work under this Contract.

8. EXECUTION OF CONTRACT

A. Within ten (10) days of Notice of Award, the Contractor shall deliver to Owner policies of insurance or insurance certificates as required by Contract Documents.

All policies or certificates of insurance shall be approved by Owner before the successful Contractor may proceed with Work.

B. The Contractor shall commence work within ten (10) days following receipt of the

Notice to Proceed or on a date stipulated in the authorization to proceed.

9. LAWS AND REGULATIONS

The Contractor’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. ALABAMA LICENSED CONTRACTOR

All Contractors submitting bids in excess of Fifty Thousand Dollars ($50,000.00) must be licensed Contractors in the State of Alabama and must give their License Number on their Bid Form. Contracts less than Fifty Thousand Dollars ($50,000.00) will not require a general Contractor’s license; however, all other requirements shall remain the same.

11. BID BOND

All bids in excess of Fifty Thousand Dollars ($50,000) shall require a bid bond equal to 5% of contract amount or $10,000 whichever is lesser. Bid bonds will be returned by the Owner after the contract has been awarded.

E 2ND ST IMPROVEMENTS 5

12. PERFORMANCE BOND

If the winning bid is in excess of Fifty Thousand Dollars ($50,000), the Contractor shall obtain a performance bond equal to 100% of contract amount and shall be provided within ten (10) days of Notice of Award.

13. LABOR & MATERIALS BOND

If the winning bid is in excess of Fifty Thousand Dollars ($50,000), the Contractor shall obtain a Labor & Materials Payment Bond equal to but not less than 50% of contract amount and shall be provided within ten (10) days of Notice of Award. The bond shall include payment of reasonable attorney’s fees incurred by successful claimants in civil actions.

14. COMPLETION DATE

Upon receipt of the Notice to Proceed, the Contractor shall commence the work within ten (10) days from the Date of the Notice and shall complete the work within one hundred twenty (120) calendar days from the date of the Notice.

15. LIQUIDATED DAMAGES

A. Deduction at the rate of Five Hundred Dollars ($500.00) per day shall be made from the total Contract price for each and every calendar day beyond the one hundred twenty (120) days from the date of Notice to Proceed that the work remains not satisfactorily completed.

B. The above mentioned sum shall be deducted as Liquidated Damages and not as penalty, the said sum being specifically agreed upon in advance as a measure of damage to the Owner on account of the delay, and the Contract price reduced by the aggregate of the entire damages so deducted shall be accepted in full satisfaction of all work executed under the contract.

16. COMPLIANCE WITH IMMIGRATION AND NATIONALITY ACT

The City will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Bid No. 02-017-5-Section 1324a (e) [Section 274A (e) of the Immigration and Nationality Act (“INA”)]. The City shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A (e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A (e) of the INA shall be grounds for unilateral cancellation of this Agreement by the City.

Contractor is required to comply with the Immigration Reform and Control Act of 1986

(IRCA) which requires all individuals hired after November 6, 1986 to provide their employers with proof of citizenship or authorization to work in the United States. City may at any time request to inspect proof of citizenship.

E 2ND ST IMPROVEMENTS 6

REQUIREMENTS FOR CONTRACTS AND PURCHASES

Effective January 1, 2012 under the “Beason-Hammon Alabama Taxpayer and Citizen Protection Act,” Act No. 2011-535, Alabama Code (1975) Section 31-13-1, Et Seq., before entering into a contract with the City to:

1. Perform a service;

2. Perform work;

3. Provide a product;

4. Accept a grant; and/or

5. Accept an initiative the State of Alabama requires the business entity to sign a notarized affidavit agreeing:

1. Not to knowingly employ, hire for employment, or continue to employ, any unauthorized aliens in the State of Alabama;

2. To enroll in the E-Verify Program, to verify the immigration status of every employee required to be re-verified through that system and to provide documentation of its enrollment; and

3. To require its subcontractors to comply with the above requirements.

Before any contract can be let, purchase can be made, or payment can be issued by the City of Gulf Shores after January 1, 2012, the Affidavit on the reverse side of this document must be completed, notarized, and returned to our offices.

Note: Proof of enrollment in the E-Verify Program must accompany the Affidavit, unless you do not have or hire any employees.

Questions about this process may be directed to Shelby DeBlieux, Purchasing Officer, at (251) 968-1443 or via e-mail at sdeblieux@gulfshoresal.gov.

COMPLETED AFFIDAVIT MUST BE RETURNED IN SEALED BID.

E 2ND ST IMPROVEMENTS 7

APPENDIX A

AFFIDAVIT OF CONTRACTOR OR DIRECT VENDOR

State of _______________ County of _____________

Before me, a notary public, personally appeared _________________________________ (print name) who, being duly sworn, says as follows:

As a condition for the award of any contract, grant, or incentive by the City of Gulf Shores, Alabama, I hereby attest that in my capacity as ________________________________ (state position) for ______________________________________________________________ (state business entity/employer/contractor name) that said business entity/employer/contractor shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama.

I further attest that said business entity/employer/contractor is enrolled in the E-Verify program.

(ATTACH DOCUMENTATION ESTABLISHING THAT BUSINESS

ENTITY/EMPLOYER/CONTRACTOR IS ENROLLED IN THE E-VERIFY

PROGRAM)

Signature of Affiant

Sworn to and subscribed before me this ____ day of _____________________, 20____.

I certify that the affiant is known (or made known) to me to be the identical party he or she claims to be.

Signature and Seal of Notary Public

E 2ND ST IMPROVEMENTS 8

APPENDIX B

AFFIDAVIT FOR SUBCONTRACTOR

State of _______________ County of _____________

Before me, a notary public, personally appeared _________________________________ (print name) who, being duly sworn, says as follows:

As a condition for acting as a contractor or subcontractor on a project paid for by contract, grant, or incentive by the City of Gulf Shores, Alabama, I hereby attest that in my capacity as ________________________________ (state position) for ______________________________________________________________ (state business entity/employer/contractor name) that said business entity/employer/contractor shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama.

I further attest that said business entity/employer/contractor is enrolled in the E-Verify program.

(ATTACH DOCUMENTATION ESTABLISHING THAT BUSINESS

ENTITY/EMPLOYER/CONTRACTOR IS ENROLLED IN THE E-VERIFY

PROGRAM)

Signature of Affiant

Sworn to and subscribed before me this ____ day of _____________________, 20____.

I certify that the affiant is known (or made known) to me to be the identical party he or she claims to be.

Signature and Seal of Notary Public

E 2ND ST IMPROVEMENTS 9

PROPOSAL FORM

TO: City of Gulf Shores P.O. Box 299 Gulf Shores, AL 36547

BIDDER: _______________________________

OWNERS: City of Gulf Shores, Alabama

PROJECT: GULF PINES – E 2ND ST IMPROVEMENTS

The BIDDER in compliance with the INSTRUCTIONS TO BIDDERS having received the Plans and Specifications for the PROJECT, and having received, read, and taken into account all ADDENDA as follows: (List number and dates of each Addendum) ______________________ and having inspected the site(s) and the conditions affecting and governing the accomplishment of the PROJECT, the undersigned proposes to furnish all materials and perform all labor, as specified to complete the base bid and any alternate bid(s) for the following:

BASE BID ITEMS

ITEM

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL

AMOUNT

1 CLEARING AND GRUBBING (201-A) LS 1

2 REMOVING CONCRETE SIDEWALK (206-C) SY 330

3 REMOVING ASPHALT PAVEMENT (206-C) SY 3,510

4 REMOVING PIPE (206-D) LF 420

5 REMOVING UTILITY LINES (206-D) LF 90

6 REMOVING HEADWALLS (206-E) EA 3

7 REMOVING INLET (206-E) EA 3

8 REMOVING LIGHT POLE (206-E) EA 2

E 2ND ST IMPROVEMENTS 10

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL

AMOUNT

9 MAILBOX RESET, MULTIPLE (209-A) EA 3

10 UNCLASSIFIED EXCAVATION (210-A) CY 1,200

BORROW EXCAVATION- SELECT SAND FILL (A-2 OR

BETTER) TBM (210-D)

CY 900

12 FOUNDATION BACKFILL, LOCAL (214-B) CY 40

FOUNDATION BACKFILL, COMMERCIAL (#57 STONE)

4"TO 6" THICK (214-B)

CY 60

14 ROADBED PROCESSING (230-B) SY 4,525

15 PORTLAND CEMENT PRESSURE GROUT (262-B) CY 18

CRUSHED AGGREGATE BASE COURSE, TYPE B,

PLANT MIXED, 6" COMPACTED THICKNESS (301-A)

SY 4,025

17 BITUMINOUS TREATMENT A (401-A) SY 3,204

18 TACK COAT (405-A) SY 3,856

PLANING EXISTING PAVEMENT (APPROXIMATELY 0"

THRU 3" THICK) (408-A)

SY 660

SUPERPAVE BITUMINOUS CONCRETE WEARING

SURFACE LAYER, 1/2" MAXIMUM AGGREGATE SIZE

MIX, ESAL RANGE C/D, 165 LB/SY (424-A)

SY 3,856

SUPERPAVE BITUMINOUS CONCRETE UPPER

BINDER LAYER, 1" MAXIMUM AGGREGATE SIZE MIX,

ESAL RANGE C/D, 250 LB/SY (424-B)

SY 3,204

SUPERPAVE BITUMINOUS CONCRETE LOWER

BINDER LAYER, 1" MAXIMUM AGGREGATE SIZE MIX,

ESAL RANGE C/D, 250 LB/SY (424-B)

SY 2,192

23 AGGREGATE SURFACING (430-B) TON 6

24 18" STORM SEWER PIPE (CLASS 3 R.C.) (533-A) LF 222

25 24" STORM SEWER PIPE (CLASS 3 R.C.) (533-A) LF 370

26 30" STORM SEWER PIPE (CLASS 3 R.C.) (533-A) LF 808

18" SPAN, 11" RISE STORM SEWER PIPE (CLASS 3

R.C.) (533-B)

LF 35

22" SPAN, 14" RISE STORM SEWER PIPE (CLASS 3

R.C.) (533-B)

LF 172

E 2ND ST IMPROVEMENTS 11

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL

AMOUNT

29 MOBILIZATION (600-A) LS 1

PAVER FIELDS, PEDSETRIAN DUTY WITH STONE

BASE (613-F)

SY 425

31 CONCRETE SIDEWALK, 6" THICK (618-A) SY 1,150

CONCRETE DRIVEWAY, 6" THICK (INCLUDES WIRE

MESS) (618-B)

SY 175

33 DETECTABLE WARNING SURFACE (618-C) SF 210

34 CURB RAMP (618-D) EA 17

35 JUNCTION BOX, TYPE 1P (621-A) EA 3

36 JUNCTION BOX, TYPE SPECIAL (621-A) EA 2

INLET, CURB AND GUTTER (NEENAH CURB INLET,

MODEL R-3067 TYPE -R) (621-C)

EA 3

INLET, CURB AND GUTTER (NEENAH CURB INLET,

MODEL R-3067 TYPE -R) SPECIAL BOX (621-C)

EA 3

39 INLETS, TYPE PD (621-C) EA 3

40 INLET GRATES, TYPE B, 24"x24" (621-C) EA 10

41 MANHOLE COVER RESET (622-A) EA 3

42 12" FLUSH RIBBON CURB (623-B) LF 810

43 6" CONCRETE HEADER CURB (623-B) LF 835

44 CONCRETE CURB & GUTTER, TYPE M-2 (623-C) LF 1290

45 6" P.V.C WATER MAIN LAID, C900 (641-A) LF 15

46 12" P.V.C WATER MAIN LAID, C900 (641-A) LF 679

47 6" 45° BEND (641-C) EA 4

48 12" X 6" TEE FITTING (641-C) EA 1

49 12" TEE FITTINGS (641-C) EA 3

E 2ND ST IMPROVEMENTS 12

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL

AMOUNT

50 12" X 6" REDUCER FITTINGS (641-C) EA 2

51 12" 45° BEND FITTINGS (641-C) EA 2

52 12" PLUG (641-C) EA 1

53 FIRE HYDRANT RESET (641-E) EA 1

54 6" INSERTA VALVE (TEAM VALVE INSERTION) (641-J) EA 1

55 12" INSERTA VALVE (TEAM VALVE INSERTION) (641-J) EA 1

56 6" GATE VALVE W/ BOX (641-J) EA 1

57 12" GATE VALVE W/ BOX (641-J) EA 5

CONCRETE FOR WATER MAINS (THRUST BLOCKS)

(641-K)

CY 5

59 12" TAPPING VALVE AND SLEEVE (641-O) EA 1

60 WATER MAIN BAC-T AND PRESSURE TESTS LS 1

61 TREE PROTECTION FENCING (663-C) LF 34

62 SILT FENCE, TYPE "A" (665-J) LF 1,030

63 SILT FENCE REMOVAL (665-O) LF 1,030

64 INLET PROTECTION, STAGE 3 OR 4 (665-P) EA 21

65 ENGINEERING CONTROLS (680-A) LS 1

SOLID WHITE, CLASS 2 TYPE A TRAFFIC STRIPES

(701-G)

LF 1,150

SOLID YELLOW, CLASS 2 TYPE A TRAFFIC STRIPES

(701-G)

LF 105

TRAFFIC CONTROL MARKINGS, CLASS 2 TYPE A (703-

A)

SF 220

TRAFFIC CONTROL LEGENDS, THERMOPLASTIC

"GOLF CART ONLY" W/ STENCIL (703-B)

SF 100

70 TRAFFIC CONTROL SCHEME (740-A) LS 1

E 2ND ST IMPROVEMENTS 13

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL

AMOUNT

71 REMOVAL OF EXISTING ROADWAY SIGNS LS 1

72 ROADWAY SIGN RELOCATION LS 1

73 UNDERGROUND UTILITY ADJUSTMENT (GAS) LS 1

74 UNDERGROUND UTILITY ADJUSTMENT (ELECTRICAL) LS 1

UNDERGROUND UTILITY ADJUSTMENT

(COMMUNICATION)

LS 1

SUBTOTAL

LANDSCAPE - E 22ND TO E 23RD

LINE

NO.

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL

AMOUNT

LAGERSTROEMIA X `JM1` / SCARLET CRAPE MYRTLE,

12' HT, B & B, TREE PROCUREMENT & SHIPPING

EA 6

LAGERSTROEMIA X `JM1` / SCARLET CRAPE MYRTLE,

12' HT, B & B, TREE INSTALLATION

EA 6

QUERCUS VIRGINIANA / SOUTHERN LIVE OAK, 5.5"

CAL, B & B, TREE PROCUREMENT & SHIPPING

EA 6

QUERCUS VIRGINIANA / SOUTHERN LIVE OAK, 5.5"

CAL, B & B, TREE INSTALLATION

EA 6

ULMUS PARVIFOLIA `BOSQUE` / BOSQUE ELM, 2"

CAL, B & B, TREE PROCUREMENT & SHIPPING

EA 28

ULMUS PARVIFOLIA `BOSQUE` / BOSQUE ELM, 2"

CAL, B & B, TREE INSTALLATION

EA 28

DIANELLA X `DP401` / CLARITY BLUE™ FLAX LILY, 3

GAL

EA 198

DISTYLIUM `BAYOU BLISS` / BAYOU BLISS DISTYLIUM,

3 GAL

EA 132

JUNIPERUS CHINENSIS `PARSONII` / PARSON`S

JUNIPER, 3 GAL

EA 59

LOMANDRA LONGIFOLIA `BREEZE` / BREEZE GRASS,

3 GAL

EA 114

86 MUHLENBERGIA CAPILLARIS / PINK MUHLY, 3 GAL EA 89

MUHLENBERGIA CAPILLARIS / WHITE CLOUD MUHLY,

3 GAL

EA 89

88 ROSA X `MEIGALPIO` / POPCORN DRIFT ROSE, 3 GAL EA 91

E 2ND ST IMPROVEMENTS 14

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL

AMOUNT

89 ROSA X `MEIZORLAND` / PEACH DRIFT ROSE, 3 GAL EA 71

AGAPANTHUS AFRICANUS `BLUE` / BLUE LILY OF THE

NILE, 1 GAL

EA 58

91 DIETES VEGETA / WHITE AFRICAN IRIS, 1 GAL EA 83

GAILLARDIA GRANDIFLORA / BLANKETFLOWER, 1

GAL

EA 188

93 HELIANTHUS DEBLIS / BEACH SUNFLOWER, 1 GAL EA 118

LANTANA CAMARA `NEW GOLD` / NEW GOLD

LANTANA, 1 GAL

EA 12

CYNODON DACTYLON `TIFWAY 419` / TIFWAY 419

BERMUDA GRASS

SF 8,424

96 RAIN BIRD 1806-SAM-PRS 15 STRIP SERIES EA 27

97 RAIN BIRD 1806-SAM-PRS 8 SERIES MPR EA 46

98 RAIN BIRD 1806-SAM-PRS 10 SERIES MPR EA 6

99 RAIN BIRD 1806-SAM-PRS 12 SERIES MPR EA 6

100 RAIN BIRD 1806-SAM-PRS 15 SERIES MPR EA 8

101 RAIN BIRD 1812-SAM-PRS 15 STRIP SERIES EA 8

102 RAIN BIRD 1812-SAM-PRS 5 SERIES MPR EA 80

103 RAIN BIRD 1812-SAM-PRS 8 SERIES MPR EA 5

104 RAIN BIRD 1812-SAM-PRS 10 SERIES MPR EA 21

105 RAIN BIRD 1812-SAM-PRS 12 SERIES MPR EA 59

106 RAIN BIRD 1812-SAM-PRS 15 SERIES MPR EA 29

107 RAIN BIRD 1806-SAM-PRS-1300AF FLOOD EA 120

108 RAIN BIRD 5006-PL-PC-SAM-R-MPR 25 EA 20

109 RAIN BIRD PGA GLOBE 1-1/2" EA 14

E 2ND ST IMPROVEMENTS 15

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL

AMOUNT

110 RAIN BIRD 33-DRC 3/4" EA 1

111 BALL VALVE EA 8

112 RAIN BIRD PGA GLOBE 2" EA 1

113 APOLLO VALVES 4A107A4F 1-1/2" EA 1

114 RAIN BIRD ESP-LXD-LXMMSS-LXMMSSPED EA 1

115 RAIN BIRD WR2-RFC EA 1

116 RAIN BIRD FS-200-B EA 1

117 CAP FOR FUTURE USE EA 2

118 WATER METER, 1-1/2" EA 1

119 IRRIGATION LATERAL LINE: PVC CLASS 200 SDR 21 1" LF 5,366

IRRIGATION LATERAL LINE: PVC CLASS 200 SDR 21 1

1/2"

LF 566

121 IRRIGATION MAINLINE: PVC CLASS 200 SDR 21 1 1/2" LF 12

122 IRRIGATION MAINLINE: PVC CLASS 200 SDR 21 2" LF 935

123 PIPE SLEEVE: PVC SCHEDULE 40 4" LF 707

124 PIPE SLEEVE: PVC SCHEDULE 40 6" LF 227

125 TRASH RECEPTACLE EA 2

126 BENCH EA 2

127 VEHICULAR LIGHT POLE, DOUBLE FIXTURE, 23' HT EA 5

128 PEDESTRIAN LIGHT POLE, DOUBLE FIXTURE, 16' HT EA 19

129 TREE ACCENT UPLIGHT EA 80

SUBTOTAL

E 2ND ST IMPROVEMENTS 16

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL

AMOUNT

LANDSCAPE - E 23RD TO E 24TH

130 DEMOLITION LS 1

131 LAGERSTROEMIA X `JM1` / SCARLET CRAPE MYRTLE,

12' HT, B & B, TREE PROCUREMENT & SHIPPING

EA 4

132 LAGERSTROEMIA X `JM1` / SCARLET CRAPE MYRTLE,

12' HT, B & B, TREE INSTALLATION

EA 4

133 QUERCUS VIRGINIANA / SOUTHERN LIVE OAK, 5.5"

CAL, B & B, TREE PROCUREMENT & SHIPPING

EA 8

134 QUERCUS VIRGINIANA / SOUTHERN LIVE OAK, 5.5"

CAL, B & B, TREE INSTALLATION

EA 8

135 TAXODIUM DISTICHUM / BALD CYPRESS, 3" CAL, B &

B, TREE PROCUREMENT & SHIPPING

EA 24

136 TAXODIUM DISTICHUM / BALD CYPRESS, 3" CAL, B &

B, TREE INSTALLATION

EA 24

137 ABELIA X GRANDIFLORA `ROSE CREEK` / ROSE

CREEK ABELIA, 3 GAL

EA 50

138 DIANELLA TASMANICA `VARIEGATA` / VARIEGATED

FLAX LILY, 3 GAL

EA 260

139 DISTYLIUM `BAYOU BLISS` / BAYOU BLISS DISTYLIUM,

3 GAL

EA 53

140 MUHLENBERGIA CAPILLARIS / PINK MUHLY, 3 GAL EA 125

141 MUHLENBERGIA CAPILLARIS / WHITE CLOUD MUHLY,

3 GAL

EA 44

142 ROSA X `MEIGALPIO` / POPCORN DRIFT ROSE, 3 GAL EA 77

143 ROSA X `MEIZORLAND` / PEACH DRIFT ROSE, 3 GAL EA 132

144 AGAPANTHUS AFRICANUS `BLUE` / BLUE LILY OF THE

NILE, 1 GAL

EA 58

145 DIETES VEGETA / WHITE AFRICAN IRIS, 1 GAL EA 135

146 HELIANTHUS DEBLIS / BEACH SUNFLOWER, 1 GAL EA 59

147 JUNIPERUS CONFERTA `BLUE PACIFIC` / BLUE

PACIFIC SHORE JUNIPER, 1 GAL

EA 18

148 LANTANA CAMARA `NEW GOLD` / NEW GOLD

LANTANA, 1 GAL

EA 52

149 CYNODON DACTYLON `TIFWAY 419` / TIFWAY 419

BERMUDA GRASS

SF 9,455

E 2ND ST IMPROVEMENTS 17

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL

AMOUNT

150 RAIN BIRD 1806-SAM-PRS 8 SERIES MPR EA 95

151 RAIN BIRD 1806-SAM-PRS 12 SERIES MPR EA 65

152 RAIN BIRD 1806-SAM-PRS 15 SERIES MPR EA 13

153 RAIN BIRD 1812-SAM-PRS 15 STRIP SERIES EA 2

154 RAIN BIRD 1812-SAM-PRS 5 SERIES MPR EA 68

155 RAIN BIRD 1812-SAM-PRS 12 SERIES MPR EA 30

156 RAIN BIRD 1812-SAM-PRS 15 SERIES MPR EA 39

157 RAIN BIRD 1806-SAM-PRS-1300AF FLOOD EA 108

158 RAIN BIRD PGA GLOBE 1-1/2" EA 15

159 BALL VALVE EA 3

160 CAP FOR FUTURE USE EA 3

161 IRRIGATION LATERAL LINE: PVC CLASS 200 SDR 21 1" LF 4,643

162 IRRIGATION LATERAL LINE: PVC CLASS 200 SDR 21 1

1/2"

LF 219

163 IRRIGATION MAINLINE: PVC CLASS 200 SDR 21 2" LF 1,125

164 PIPE SLEEVE: PVC SCHEDULE 40 4" LF 89

165 PIPE SLEEVE: PVC SCHEDULE 40 6" LF 50

166 VEHICULAR LIGHT POLE, DOUBLE FIXTURE, 23' HT EA 5

167 PEDESTRIAN LIGHT POLE, DOUBLE FIXTURE, 16' HT EA 18

168 TREE ACCENT UPLIGHT EA 72

169 TRASH RECEPTACLE EA 4

170 BENCH EA 4

E 2ND ST IMPROVEMENTS 18

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL

AMOUNT

171 CONCRETE PAVING SF 377

SUBTOTAL

LANDSCAPE - E 25TH TO WATERWAY EAST

172 DEMOLITION LS 1

173 LAGERSTROEMIA X `JM1` / SCARLET CRAPE MYRTLE,

12' HT, B & B, TREE PROCUREMENT & SHIPPING

EA 7

174 LAGERSTROEMIA X `JM1` / SCARLET CRAPE MYRTLE,

12' HT, B & B, TREE INSTALLATION

EA 7

175 QUERCUS VIRGINIANA / SOUTHERN LIVE OAK, 5.5"

CAL, B & B, TREE PROCUREMENT & SHIPPING

EA 8

176 QUERCUS VIRGINIANA / SOUTHERN LIVE OAK, 5.5"

CAL, B & B, TREE INSTALLATION

EA 8

177 ULMUS PARVIFOLIA `BOSQUE` / BOSQUE ELM, 2"

CAL, B & B, TREE PROCUREMENT & SHIPPING

EA 28

178 ULMUS PARVIFOLIA `BOSQUE` / BOSQUE ELM, 2"

CAL, B & B, TREE INSTALLATION

EA 28

179 MISCANTHUS SINENSIS `ADAGIO` / ADAGIO EULALIA

GRASS, 3 GAL

EA 58

180 DISTYLIUM `BAYOU BLISS` / BAYOU BLISS DISTYLIUM,

3 GAL

EA 97

181 LOMANDRA LONGIFOLIA `BREEZE` / BREEZE GRASS,

3 GAL

EA 129

182 MUHLENBERGIA CAPILLARIS / PINK MUHLY, 3 GAL EA 44

183 MUHLENBERGIA CAPILLARIS / WHITE CLOUD MUHLY,

3 GAL

EA 240

184 ROSA X `MEIGALPIO` / POPCORN DRIFT ROSE, 3 GAL EA 137

185 ROSA X `MEIZORLAND` / PEACH DRIFT ROSE, 3 GAL EA 143

186 DIETES VEGETA / WHITE AFRICAN IRIS, 1 GAL EA 207

187 GAILLARDIA GRANDIFLORA / BLANKETFLOWER, 1

GAL

EA 92

188 HELIANTHUS DEBLIS / BEACH SUNFLOWER, 1 GAL EA 114

189 JUNIPERUS CONFERTA `BLUE PACIFIC` / BLUE

PACIFIC SHORE JUNIPER, 1 GAL

EA 33

E 2ND ST IMPROVEMENTS 19

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL

AMOUNT

190 LANTANA CAMARA `NEW GOLD` / NEW GOLD

LANTANA, 1 GAL

EA 73

191 CYNODON DACTYLON `TIFWAY 419` / TIFWAY 419

BERMUDA GRASS

SF 12,108

192 RAIN BIRD 1806-SAM-PRS 5 SERIES MPR EA 7

193 RAIN BIRD 1806-SAM-PRS 10 SERIES MPR EA 73

194 RAIN BIRD 1806-SAM-PRS 12 SERIES MPR EA 80

195 RAIN BIRD 1806-SAM-PRS 15 SERIES MPR EA 13

196 RAIN BIRD 1812-SAM-PRS 15 STRIP SERIES EA 1

197 RAIN BIRD 1812-SAM-PRS 5 SERIES MPR EA 68

198 RAIN BIRD 1812-SAM-PRS 8 SERIES MPR EA 2

199 RAIN BIRD 1812-SAM-PRS 10 SERIES MPR EA 9

200 RAIN BIRD 1812-SAM-PRS 12 SERIES MPR EA 64

201 RAIN BIRD 1812-SAM-PRS 15 SERIES MPR EA 37

202 RAIN BIRD 1806-SAM-PRS-1300AF FLOOD EA 129

203 RAIN BIRD PGA GLOBE 1-1/2" EA 11

204 RAIN BIRD PGA GLOBE 2" EA 4

205 RAIN BIRD 33-DRC 3/4" EA 1

206 BALL VALVE EA 7

207 RAIN BIRD PGA GLOBE 2" MASTER EA 1

208 APOLLO VALVES 4A107A4F 1-1/2" EA 1

209 RAIN BIRD ESP-LXD-LXMMSS-LXMMSSPED EA 1

210 RAIN BIRD WR2-RFC EA 1

E 2ND ST IMPROVEMENTS 20

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL

AMOUNT

211 RAIN BIRD FS-200-B EA 1

212 CAP FOR FUTURE USE EA 3

213 WATER METER, 1-1/2" EA 1

214 IRRIGATION LATERAL LINE: PVC CLASS 200 SDR 21 1" LF 5,692

215 IRRIGATION LATERAL LINE: PVC CLASS 200 SDR 21 1

1/2"

LF 537

216 IRRIGATION LATERAL LINE: PVC CLASS 200 SDR 21 2" LF 150

217 IRRIGATION MAINLINE: PVC CLASS 200 SDR 21 1 1/2" LF 8

218 IRRIGATION MAINLINE: PVC CLASS 200 SDR 21 2" LF 1,361

219 PIPE SLEEVE: PVC SCHEDULE 40 4" LF 101

220 PIPE SLEEVE: PVC SCHEDULE 40 6" LF 147

221 VEHICULAR LIGHT POLE, DOUBLE FIXTURE, 23' HT EA 5

222 PEDESTRIAN LIGHT POLE, DOUBLE FIXTURE, 16' HT EA 19

223 TREE ACCENT UPLIGHT EA 86

224 TRASH RECEPTACLE EA 4

225 BENCH EA 4

226 CONCRETE PAVING SF 344

SUBTOTAL $0.00

TOTAL BASE BID AMOUNT $0.00

E 2ND ST IMPROVEMENTS 21

ALTERNATE BID ITEMS

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL AMOUNT

1 CLEARING AND GRUBBING (201-A) LS 1

2 REMOVING CONCRETE SIDEWALK (206-C) SY 75

3 REMOVING CONCRETE DRIVEWAY (206-C) SY 54

4 REMOVING ASPHALT PAVEMENT (206-C) SY 270

5 REMOVING FENCE (206-D) SY 218

6 REMOVING PIPE (206-D) LF 17

7 REMOVING TREES (206-E) EA 4

8 UNCLASSIFIED EXCAVATION (210-A) CY 200

BORROW EXCAVATION- SELECT SAND FILL (A-2 OR

BETTER) TBM

CY 100

10 FOUNDATION BACKFILL, LOCAL (214-B) CY 10

FOUNDATION BACKFILL, COMMERCIAL (#57 STONE)

4"TO 6" THICK (214-B)

CY 10

12 ROADBED PROCESSING (230-A) SY 375

CRUSHED AGGREGATE BASE COURSE, TYPE B,

PLANT MIXED, 6" COMPACTED THICKNESS (301-A)

SY 325

14 BITUMINOUS TREATMENT A (401-A) SY 250

15 TACK COAT (405-A) SY 725

PLANING EXISTING PAVEMENT (APPROXIMATELY 0"

THRU 3" THICK) (408-A)

SY 480

SUPERPAVE BITUMINOUS CONCRETE WEARING

SURFACE LAYER, 1/2" MAXIMUM AGGREGATE SIZE

MIX, ESAL RANGE C/D, 165 LB/SY (424-A)

SY 725

SUPERPAVE BITUMINOUS CONCRETE UPPER BINDER

LAYER, 1" MAXIMUM AGGREGATE SIZE MIX, ESAL

RANGE C/D, 250 LB/SY (424-B)

SY 250

19 18" STORM SEWER PIPE (CLASS 3 R.C.) (533-A) LF 183

20 MOBILIZATION (600-A) LS 1

E 2ND ST IMPROVEMENTS 22

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL AMOUNT

PAVER FIELDS, PEDSETRIAN DUTY WITH STONE

BASE (613-F)

SY 60

22 CONCRETE SIDEWALK, 6" THICK (618-A) SY 180

CONCRETE DRIVEWAY, 6" THICK (INCLUDES WIRE

MESS) (618-B)

SY 70

INLET, CURB AND GUTTER (NEENAH CURB INLET,

MODEL R-3067 TYPE -R) (621-C)

EA 2

25 INLETS, TYPE PD (621-C) EA 2

26 CONCRETE 12" RIBBON CURB (623-C) LF 72

27 CONCRETE CURB & GUTTER, TYPE M-2 (623-C) LF 290

28 SILT FENCE, TYPE "A" (665-J) LF 215

29 SILT FENCE REMOVAL (665-O) LF 215

30 INLET PROTECTION, STAGE 3 OR 4 (665-P) EA 4

31 ENGINEERING CONTROLS (680-A) LS 1

SOLID WHITE, CLASS 2 TYPE A TRAFFIC STRIPES

(701-G)

LF 590

SOLID YELLOW, CLASS 2 TYPE A TRAFFIC STRIPES

(701-G)

LF 385

34 TRAFFIC CONTROL SCHEME (740-A) LS 1

SUBTOTAL

LANDSCAPE

LINE

NO.

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL AMOUNT

LAGERSTROEMIA X `JM1` / SCARLET CRAPE MYRTLE,

12' HT, B & B, TREE PROCUREMENT & SHIPPING

EA 4

LAGERSTROEMIA X `JM1` / SCARLET CRAPE MYRTLE,

12' HT, B & B, TREE INSTALLATION

EA 4

ULMUS PARVIFOLIA `BOSQUE` / BOSQUE ELM, 2" CAL,

B & B, TREE PROCUREMENT & SHIPPING

EA 2

ULMUS PARVIFOLIA `BOSQUE` / BOSQUE ELM, 2" CAL,

B & B, TREE INSTALLATION

EA 2

E 2ND ST IMPROVEMENTS 23

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL AMOUNT

LOMANDRA LONGIFOLIA `BREEZE` / BREEZE GRASS,

3 GAL

EA 31

40 MULENBERGIA CAPILLARIS / PINK MUHLY, 3 GAL EA 28

41 DIETES VEGETA / WHITE AFRICAN IRIS, 1 GAL EA 48

42 HELIANTHUS DEBLIS / BEACH SUNFLOWER, 1 GAL EA 31

CYNODON DACTYLON `TIFWAY 419` / TIFWAY 419

BERMUDA GRASS

SF 2,586

44 RAIN BIRD 1806-SAM-PRS 8 SERIES MPR EA 9

45 RAIN BIRD 1806-SAM-PRS 10 SERIES MPR EA 25

46 RAIN BIRD 1806-SAM-PRS 12 SERIES MPR EA 3

47 RAIN BIRD 1806-SAM-PRS 15 SERIES MPR EA 10

48 RAIN BIRD 1812-SAM-PRS 5 SERIES MPR EA 16

49 RAIN BIRD 1812-SAM-PRS 10 SERIES MPR EA 2

50 RAIN BIRD 1812-SAM-PRS 12 SERIES MPR EA 3

51 RAIN BIRD 1812-SAM-PRS 15 SERIES MPR EA 5

52 RAIN BIRD 1806-SAM-PRS-1300AF FLOOD EA 18

53 RAIN BIRD PGA GLOBE 1-1/2" EA 2

54 RAIN BIRD PGA GLOBE 2" EA 1

55 IRRIGATION LATERAL LINE: PVC CLASS 200 SDR 21 1" LF 1,201

IRRIGATION LATERAL LINE: PVC CLASS 200 SDR 21 1

1/2"

LF 74

57 IRRIGATION LATERAL LINE: PVC CLASS 200 SDR 21 2" LF 10

58 IRRIGATION MAINLINE: PVC CLASS 200 SDR 21 2" LF 202

59 PIPE SLEEVE: PVC SCHEDULE 40 4" LF 90

E 2ND ST IMPROVEMENTS 24

ITEM DESCRIPTION UNIT

PLAN

QTY

UNIT

PRICE

TOTAL AMOUNT

60 PIPE SLEEVE: PVC SCHEDULE 40 6" LF 65

61 PEDESTRIAN LIGHT POLE, DOUBLE FIXTURE, 16' HT EA 3

62 TREE ACCENT UPLIGHT EA 12

SUBTOTAL

TOTAL ALT BID AMOUNT

I/we agree to furnish at the prices shown and guarantee that each offered will meet or exceed all specifications, terms and conditions, and requirements listed. This is the total price and includes all charges to the City of Gulf Shores. I herein affirm that I have not been in any agreement or collusion among bidders in restraint of competition to bid at a fixed price or to refrain from bidding otherwise.

Name of Bidder

Address

Telephone/Fax Number

Email address

Corporate Seal Al. Contractor License No. (if applicable)

Witness Signature

Date Title

E 2ND ST IMPROVEMENTS 25

BID BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT ________________________________________________________________________

(Name of Contractor)

___________________________________________________________________, as Principal, (Address) and __________________________________________________________________________ (Name of Surety) of __________________________________________________________________, as Surety, (Address) are held and firmly bound unto the City of Gulf Shores, as oblige, in the full and just sum of:

lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the said Principal is herewith submitting its Proposal for:

E 2ND ST IMPROVEMENTS

The condition of this obligation is such that, if the aforesaid Principal shall be awarded the Contract, the said Principal will, within the time required, enter into a formal Contract, and give a good and sufficient bond to secure the performance of the terms and conditions of the Contract, then this obligation to be void; otherwise, the Principal and the Surety will pay unto the full amount of said bond. If no other bids are received, the full amount of the proposal guarantee shall be so retained or recovered as liquidated damages for such default.

SIGNED, SEALED AND DELIVERED ___________________________________________

(Date)

Witness as to Principal:

(Name of Contracting Firm)

By: ___________________________________________

Title: _________________________________________

___________________________ (Name of Surety)

By: ___________________________________________

Title: _________________________________________

BIDS WILL NOT BE CONSIDERED

UNLESS BID BOND IS SIGNED BY

PRINCIPAL AND SURETY, OR IN

LIEU THEREOF, A CERTIFIED

CHECK MUST ACCOMPANY THE

PROPOSAL

E 2ND ST IMPROVEMENTS 26

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That we _______________________________

______________________________________ and __________________________________ (hereinafter called the Principal) (the Surety) are held and firmly bound unto The City of Gulf Shores and/or its assigns in the penal sum of

($___________ ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrator, successors, and assigns jointly and severely for the faithful performance of a certain written Contract dated the ______ day of ____________, 20___, entered into between the Principal and the Owner for E 2ND ST IMPROVEMENTS, a copy of which Contract is incorporated herein by reference and is made a part hereof as if fully copied herein.

NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfully perform the terms, undertakings, covenants, agreements, and conditions of the contract in all respects on his part, and shall fully pay all obligation incurred in connection with the performance of such Contract on account of labor and materials used in connection therewith and all such other obligations of every form, nature, and character, and shall save harmless the Owner from all cost and damage which may be suffered by reason of the failure to fully and completely perform said Contract and shall reimburse and repay the Owner for all expenditures of every kind, character, and description which may be incurred by the Owner in making good any and every default which may exist on the part of the Principal in connection with the performance of said Contract and further that the Principal shall pay all lawful claims of all persons, firms, partnerships, or corporations for all labor performed and material furnished in connection with the performance of the Contract, and that the failure to do so with such persons, firms, partnerships, or corporations shall give them a direct right of action against the Principal and Surety under this obligation; and provided, however, that no suit, action, or proceedings by reason of any default whatever shall be brought on this Bond after one year from the date on which the final payment on the contract falls due, and provided further that if any alterations or additions which may be made under the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract or any other forbearance on the part of either the Owner or the Principal shall not, in any way, release the Principal and Surety or either of them, their heirs, executors, administrators, successors, or assigns from their liability hereunder, notice to the Surety of any such alterations, extension, or forbearance being expressly waived. This obligation shall remain in full force and effect until the performance of all covenants, terms, and conditions herein stipulated and after such performance this obligation shall become void.

E 2ND ST IMPROVEMENTS 27

IN TESTIMONY WHEREOF, witness the hands and seal of the parties hereto on this ________ day of _____________, 20__.

Executed in two (2) counterparts.

Witness: By: _______________________________

Countersigned:

(Resident Agent)

BONDING COMPANY:

ADDRESS:

COMPANY

ADDRESS

E 2ND ST IMPROVEMENTS 28

LABOR AND MATERIAL BOND

KNOW ALL MEN BY THESE PRESENTS: That we, _______________________________

_____________________________________, as Principal, and ________________________

_____________________________________, as Surety, are held and firmly bound unto The City of Gulf Shores and/or its assigns (hereinafter called the Owner), in the penal sum of _______________________________________________________Dollars ($______________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, personal representatives, successors, and assigns jointly and severally, firmly by these presents.

WHEREAS, said Principal has entered into a certain contract with said Owner, dated ________________ (hereinafter called the Contract) for the E 2ND ST IMPROVEMENTS, for which Contract and the Plans and Specifications for said work shall be deemed a part hereof as fully as if set out herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal and all subcontractors to whom any portion of work provided for in said contract is sublet and all assignees of said Principal and of such subcontractors shall promptly make payments to all persons supplying him or them with labor, materials, equipment, or supplies for or in the prosecution of the work provided for in such contract, or in any amendment or extension of or additions to said Contract noticed which modifications to the Surety being hereby waived and for the payment of reasonable attorney's fees, incurred by the claimant or claimants in suits on said Bond, then the above obligation shall be void, otherwise to remain in full force and effect, PROVIDED, however that this Bond is subject to the following conditions and limitations.

a. Any person, firm, or corporation that has furnished labor, materials, equipment, or supplies for or in the prosecution of the work provided for in said Contract shall have a direct right of action against the Principal and Surety on this Bond, which right of action shall be asserted in a proceeding, instituted in the county in which the work provided for in said Contract is to be performed, or in any county in which said Principal or Surety does business. Such right of action shall be asserted in a proceeding instituted in the name of the claimant or claimants for his or their use and benefit against said Surety or either of them (but not later than one year after the final settlement of said Contract) in which action such claim or claims shall be adjudicated and judgment rendered thereon.

b. The principal and Surety hereby designate and appoint ___________________________

(To be filled in by Surety Company) as the agent of each of them to receive and accept service of process other pleading issued or filed in any proceeding instituted on this Bond and hereby consent that such service shall be the same as personal service on the Principal and/or Surety.

E 2ND ST IMPROVEMENTS 29

c. The Surety shall not be liable hereunder for damage or compensation recoverable under any Workman's Compensation or Employer's Liability Statute.

d. In no event shall the Surety be liable for a greater sum than the penalty of this Bond, or subject to any suit, action, or proceeding thereon that is instituted later than one year after the final settlement of said Contract.

e. This Bond is given pursuant to the terms of Act No. 39, General Laws of Alabama, approved February 8, 1935, entitled "An Act to Further Provide for Bonds of Contractors on State and Other Public Works and Suits Thereon".

Executed in two (2) counterparts.

SIGNED, SEALED, AND DELIVERED THIS ______ day of ____________ 20__.

Witness: By: ________________________________

Countersigned:

(Resident Agent)

BONDING COMPANY:

ADDRESS:

COMPANY

ADDRESS

E 2ND ST IMPROVEMENTS 30

NOTICE OF AWARD

DATED:

TO:

PROJECT: E 2ND ST IMPROVEMENTS

You have been awarded a contract for E 2ND ST IMPROVEMENTS.

Within ten (10) days of the date of this Notice of Award, you must deliver to the OWNER the enclosed contract documents, fully executed, signed and witnessed, and a Certificate of Insurance as follows:

2 originals - Contract 1 original - Performance Bond 1 original - Labor and Material Bond 1 original - Certificate of Insurance certifying compliance with all insurance requirements specified in the General Conditions

Within ten (10) days after receipt of the above documents, OWNER will return to you one (1) fully signed original of the Contract.

You will be notified of the time and place for a preconstruction conference; your proposed work schedule must be delivered to the City at that time.

Failure to deliver the aforementioned contract documents and insurance certificate within the time specified will entitle OWNER to consider your bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.

CITY OF GULF SHORES (OWNER)

By: ______________________________________

E 2ND ST IMPROVEMENTS 31

CONTRACT

THIS AGREEMENT, made and entered into the _____ day of ____________, 20__, at Gulf

Shores, State of Alabama, by and between ___________________________________, hereinafter called the Contractor, and the City of Gulf Shores, Alabama, and/or its assigns, hereinafter called the Owner.

WITNESSETH;

That the Contractor, for the consideration hereinafter set out, hereby agrees with the Owner as follows:

1. That the Contractor shall perform all of the work in a satisfactory manner in accordance with the plans and specifications, Bid requirements and conditions, which are attached hereto and made a part hereof as if fully contained herein, for E 2ND ST

IMPROVEMENTS.

2. That the Contractor shall commence the work to be performed under this agreement within the Contract Time as defined in the General Conditions.

All work shall be accomplished with quality in a manner which will maintain safety to life and property, and reduce to a minimum any interference with abutting property or public travel. All work shall be inspected and approved by the City Engineering Construction Manager and his staff as Owner's representatives before payment shall be made.

3. The Owner hereby agrees to pay to the Contractor for satisfactory performance of the agreement, subject to additions and deductions as provided in the contractual Documents, in lawful money of the United States as follows:

4. Estimates of work completed shall be made by the Contractor each month and submitted to the Owner. Within thirty (30) calendar days after submittal by the Contractor, the owner shall make partial payments to the Contractor on the basis of the estimate of work, duly certified and approved by the City Construction Manager, and performed during the preceding calendar month by the Contractor, less two and a half percent (2.5%) of the amount of such estimate which is to be retained by the owner until all work (100%) has been satisfactorily completed in accordance with this agreement.

5. Upon substantial completion and inspection of all work covered by this agreement, payment of the Contract sum shall be made within thirty (30) calendar days, less retainage.

Said retainage shall be retained until: 1) Submission by the Contractor of evidence satisfactory to the Owner 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 including a Waiver and Release of Lien on the form included in the Contract Documents; 2) Legal notice of advertisement of completion has been advertised four (4) consecutive weeks in some newspaper of general circulation in Baldwin County, Alabama, as approved by the

E 2ND ST IMPROVEMENTS 32

Owner; 3) Final inspection by the City Construction Manager and final acceptance of the work by the Owner.

6. It is mutually agreed between the Owner and the Contractor that timely performance is of the essence to this Contract, and the Contractor agrees to keep a working force on the job of the size that is adequate to perform all work in accordance with the Contractor’s approved work schedule.

7. The Contractor hereby agrees to warrant that all material and workmanship is of the quality, quantity, and character specified and shown, and that any faulty materials or workmanship made known to him within one (1) year after date of final certificate of payment shall be made good by him without additional expense to the Owner.

Failure to complete the work within the allotted Contract time will cause loss to the Owner in administrative, engineering, inspection, interest, and supervision charges. Therefore, any overrun in the Contract time, which in the opinion of the City Contract Manager is caused by undue delay, shall be charged to the Contractor at $500.00 per day and deducted from the final payment.

8. The Owner reserves the right to terminate the contract upon written notice to the Contractor at least ten (10) days prior to said termination. In the event that the Contract is terminated, the Contractor will be compensated in accordance with the bid items of the Contract and its attachment for all approved work in place.

9. By signing this contract, the Contractor represents and agrees that it is not currently engaged in, nor will it engage in, any boycott of a person or entity based in or doing business with a jurisdiction with which the State of Alabama can enjoy open trade.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and date first above written in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract.

(Corporate Seal) ________________________________ (Contractor)

By: ________________________________ Its ____________________ Attest: __________________________ Its ____________________

(Seal) City of Gulf Shores, Alabama (Owner)

By: _________________________________ Robert Craft, Mayor

Attest: ____________________________________ Tobi Waters, City Clerk

E 2ND ST IMPROVEMENTS 33

NOTICE TO PROCEED

TO: DATE: ________________

PROJECT: E 2ND ST IMPROVEMENTS

You are hereby notified to commence work in accordance with the Agreement dated _________, 20__, on or before ______________, 20__. You are to complete the work within one hundred twenty (120) consecutive calendar days, or by ______________, 20__.

City of Gulf Shores, Alabama (OWNER)

By ________________________________

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged this ______ day of __________, 20__.

By: ____________________________

E 2ND ST IMPROVEMENTS 34

WAIVER AND RELEASE OF LIEN

FROM:

TO: City of Gulf Shores, Alabama (Owner of Project)

PROJECT NAME: E 2ND ST IMPROVEMENTS

KNOW ALL MEN BY THESE PRESENTS:

1. The undersigned, having been employed by the City of Gulf Shores to furnish labor and/or materials for the referenced project, does hereby waive and release any and all lien and claim or right to lien and claim against the City of Gulf Shores on the referenced project on account of labor, services, equipment, materials, etc. furnished for the referenced project.

2. The undersigned further certifies that to the best of his knowledge and belief, there are no unsatisfied or outstanding claims of any character arising out of the furnishing of labor, equipment, services, and/or materials for the referenced project.

3. The undersigned further agree that, after execution of this document, it will indemnify, defend at its expense, and save the City of Gulf Shores harmless from any and all claims or liens arising out of the undersigned's furnishing of labor, equipment, services, and/or materials for the referenced project.

4. The undersigned has executed this document in order to induce the City of Gulf Shores to make final payment to and in no way acts as a release of any claim the undersigned may have against parties other than the City of Gulf Shores arising out of the furnishing of labor and/or materials for the referenced project.

IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this ______ day of _____________, 20__.

STATE OF ALABAMA

COUNTY OF BALDWIN

Personally appeared before me the undersigned Notary Public in and for said County and State, ______________________, who is known to me and who, after being duly sworn, deposes and says that the facts stated in the above affidavit are true.

NOTARY PUBLIC

E 2ND ST IMPROVEMENTS 35

GENERAL CONDITIONS

1. OWNER

The Owner for E 2ND ST IMPROVEMENTS is the City of Gulf Shores, Alabama.

The mailing address for the Owner is Post Office Box 299, Gulf Shores, Alabama 36547.

2. LOCAL LICENSE REQUIREMENT

Attention is called to the fact that all companies performing work on this Contract must obtain a Business License from the City of Gulf Shores available at City Hall.

3. CONTRACT DOCUMENTS

The Owner will furnish the Contractor free of charge one (1) set of plans and specifications. Additional sets may be purchased at cost to Contractor.

4. PAYMENTS AND COMPLETION

Once in each month, the Contractor may submit an Application for Payment for completed work in place on the enclosed form. Payment, less retainage, shall be made to the Contractor within thirty (30) days of receipt and approval of Application for Payment.

The final monthly payment prior to the expiration of the Contract shall not be made until:

1) Submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the work under this contract have been paid in full including a Waiver and Release of Lien on the form included in the Contract Documents; 2) FOR CONTRACTS OF $50,000 OR MORE, legal notice of advertisement of completion has been advertised four (4) consecutive weeks in some newspaper of general circulation in Baldwin County, Alabama (approved by the Owner); 3) Final inspection and acceptance of the work by the Owner. Final payment will be made to Contractor within thirty (30) days after satisfactory completion of (1), (2) and (3) above.

5. INSURANCE REQUIREMENTS

Contractor agrees, at its sole expense, to maintain…