2nd Bid Solicitation Documents 2-11-25 Plans and Specs.pdf

PDF 4 MB Posted Feb 13, 2025

Attached to: CITY HALL LANDSCAPING IMPROVEMENTS
Solicitation number: S-KN0010-00012820
Issued by: Lake County, Moro City, Oregon

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Written by GovTribe AI · Feb 14, 2025

This is a bid solicitation document package from the City of Newport, Oregon for City Hall Landscaping Improvements (Project #2022023), with standard contract forms endorsed by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. The project includes installation of 1,800+ SF of concrete sidewalk, 1,200+ SF of stamped concrete landscaping, 9 LF standard curb, 4 concrete bench pads, 4 concrete art bases (48" x 36"), turf removal and sod installation, drainage berm, maintenance path, electrical work, and boring 130 LF of 1" HDPE water line with backflow devices. Bids are due February 27, 2025 at 1 PM local time at the Engineering Department. A pre-bid conference is scheduled for December 3, 2024 at 2:00 PM. The project must be substantially complete by May 30, 2025 and fully complete by June 30, 2025.

The project includes specific milestone completion dates: hardscape and electrical work by April 15, 2025, boring and irrigation by April 25, 2025, landscaping and sod placement by May 16, 2025, and lighting, planting and benches by June 13, 2025. Liquidated damages of $250 per day apply for missing substantial completion and milestone dates, increasing to $500 per day for final completion delays. The bid must be accompanied by a bid bond, and successful bidders must provide performance and payment bonds. Bid documents are available through www.oregonbuys.gov. The contract includes a 5% retainage requirement on payments.

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City Hall Landscape Addenda 1 2-20-25.pdf	PDF	Feb 13, 2025

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NICAL SPECIFICATIONSONTRACT DOCUMENTS

m.roman Text Box

FEBRUARY 13, 2025

INDEX

PART 1: CONTRACT DOCUMENTS

BID PHASE DOCUMENTS

C‐111 INVITATION FOR BIDS

C‐200 INSTRUCTIONS TO BIDDERS

C‐410 BID FORM

C‐430 BID BOND

C‐440 FIRST‐TIER SUBCONTRACTORS FORM

C‐460 CONTRACTOR RESPONSIBILITY CERTIFICATION FOR OREGON

C‐465 CCB LICENSE CERTIFICATION FOR OREGON

OWNER‐CONTRACTOR AGREEMENT FORMS

C‐510 NOTICE OF AWARD

C‐520 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION

CONTRACT

CONTRACT COMMENCEMENT DOCUMENTS

C‐550 NOTICE TO PROCEED

C‐610 PERFORMANCE BOND

C‐615 PAYMENT BOND

CONTRACT ADMINISTRATION FORMS

C‐620 CONTRACTOR’S APPLICATION FOR PAYMENT

C‐625 CERTIFICATE OF SUBSTANTIAL COMPLETION

CONTRACT TERMS AND CONDITIONS

C‐700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

C‐800 SUPPLEMENTARY CONDITIONS

CONTRACT WORK ORDER FORMS

C‐940 WORK CHANGE DIRECTIVE

C‐941 CHANGE ORDER

C‐950 EXTRA WORK FORM

PART 2: TECHNICAL SPECIFICATIONS

OREGON STANDARDS AND SPECIFICATIONS FOR CONSTRUCTION

00210 MOBILIZATION

00305 CONSTRUCTION SURVEY WORK

00310 REMOVAL OF STRUCTURES AND OBSTRUCTIONS

00330 EARTHWORK

00340 WATERING

00440 COMMERCIAL GRADE CONCRETE

00640 AGGREGATE BASE AND SHOULDERS

01030 SEEDING

01140 POTABLES WATER PIPE AND FITTINGS

02050 CURING MATERIALS

02055 CONCRETE SURFACE RETARDERS

02630 BASE AGGREGATE

02690 PCC AGGREGATE

G2 PLAN SET

PART 3: DRAWINGS

EJCDC® C‐111, Advertisement for Bids for Construction Contract.

ADVERTISEMENT FOR BIDS FOR CONSTRUCTION CONTRACT

Prepared By

Endorsed By

National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314‐2794

(703) 684‐2882 www.nspe.org

American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005

(202) 347‐7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191‐4400

(800) 548‐2723 www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

ADVERTISEMENT FOR BIDS

CITY OF NEWPORT

NEWPORT, OREGON

CITY HALL LANDSCAPING IMPROVEMENTS

General Notice The City of Newport (Owner) is requesting Bids for the construction of the following Project:

CITY HALL LANDSCAPING IMPROVEMENTS

Project #2022‐023

Bids for the construction of the Project will be received at the Engineering Department located at 169 SW Coast Highway, Newport, OR 97365 until Thursday, February 27, 2025 at 1 PM local time. At that time the Bids received will be publicly opened and read.

The Project includes the following Work:

Installing: 1,800+ SF of concrete sidewalk; 1,200+ SF of stamped concrete landscaping; 9 LF Standard Curb; 4 concrete bench pads; 4 48” by 36” concrete art bases; removing turf; installing sod; 1 drainage berm; 1 maintenance path; electrical work; boring 130 LF 1½” of HDPE water line with backflow devices and appurtenances.

Bids are requested for the following Contract: City Hall Landscaping Improvements

Obtaining the Bidding Documents Information and Bidding Documents for the Project can be found at the following designated website:

www.oregonbuys.gov

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

The Issuing Office for the Bidding Documents is:

City of Newport 169 SW Coast Highway Newport, OR 97365

Pre‐bid Conference A pre‐bid conference for the Project will be held Tuesday, December 3, 2024, at 2:00 PM, 169 SW Coast Highway, Newport, OR 97365. Attendance at the pre‐bid conference is encouraged but not required.

Instructions to Bidders.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

refer to the Instructions to Bidders that are included in the Bidding Documents.

This Advertisement is issued by:

Owner: City of Newport By: Chris Beatty, PE Title: City Engineer Date: 2‐12‐25

EJCDC® C‐410, Bid Form for Construction Contract.

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314‐2794

(703) 684‐2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347‐7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191‐4400

(800) 548‐2723 www.asce.org

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring

BID FORM FOR CONSTRUCTION CONTRACT

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

Chris Beatty, PE City Engineer City of Newport 169 SW Coast Highway Newport, OR 97365

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids;

E. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids;

ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES

3.01 Unit Price Bids

A. Bidder will perform the following Work at the indicated unit prices:

Item No.

Description Unit Est Qnty

Bid Unit Price

Bid Amount

1 MOBILIZATION LS 1 $ $

2 EROSION AND SEDIMENT CONTROL LS 1 $ $

3 DEMOLITION/REMOVAL OF

STRUCTURES AND OBSTRUCTIONS

LS 1 $ $

4 LANDSCAPING LS 1 $ $

5 BORING – 1½” HDPE WATER LINE LS 1 $ $

6 IRRIGATION SYSTEM LS 1 $ $

7 DRAINAGE BERM LS 1 $ $

8 3 FT WIDE PERIMETER PATH LS 1 $ $

9 4” CONCRETE SIDEWALK WITH 4”

COMPACTED ¾ MINUS AGGREGATE

SF 1,854.0 $ $

10 STANDARD CURB LF 9 $ $

11 4” UNSTAMPED CONCRETE BENCH PAD EA 4 $ $

12 48” DIAMETER CONCRETE ART BASES EA 4 $ $

13 4” STAMPED CONCRETE LS 1 $ $

14 1” ELECTRICAL CONDUIT AND DUAL

OUTLET BOXES

LS 1 $ $

Total of All Unit Price Bid Items $

B. Bidder acknowledges that:

1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and

2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of

Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

3.02 Total Bid Price (Lump Sum and Unit Prices)

Total Bid Price (Total of all Lump Sum and Unit Price Bids) $

ARTICLE 4—BASIS OF BID—COST‐PLUS FEE

4.01 The Contract Price will be the Cost of the Work, determined as provided in Paragraph 13.01 of the

General Conditions, together with the following fee, and subject to the Guaranteed Maximum Price.

ARTICLE 5—TIME OF COMPLETION

5.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

5.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 6—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

6.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

6.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

6.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda: [Add rows as needed. Bidder is to complete table.]

Addendum Number Addendum Date

ARTICLE 7—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

7.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Bidder has carefully studied the reports and drawings relating to Hazardous

Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

7.02 Bidder’s Certifications

A. The Bidder certifies the following:

1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

3. Bidder has not solicited or induced any individual or entity to refrain from bidding.

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A:

a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process.

b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non‐competitive levels, or (c) to deprive Owner of the benefits of free and open competition.

c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non‐competitive levels.

d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

BIDDER hereby submits this Bid as set forth above:

Bidder:

(typed or printed name of organization)

By:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.

Attest:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

Address for giving notices:

Bidder’s Contact:

Name:

(typed or printed)

Title:

(typed or printed)

Phone:

Email:

Address:

Bidder’s Contractor License No.: (if applicable)

EJCDC® C‐430, Bid Bond (Penal Sum Form).

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314‐2794

(703) 684‐2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347‐7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191‐4400

(800) 548‐2723 www.asce.org

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring

BID BOND (PENAL SUM FORM)

Bidder Surety

Name: [Full formal name of Bidder] Name: [Full formal name of Surety]

Address (principal place of business): Address (principal place of business):

[Address of Bidder’s principal place of business] [Address of Surety’s principal place of business]

Owner Bid

Name: [Full formal name of Owner] Project (name and location):

Address (principal place of business): [Owner project/contract name, and location of the project] [Address of Owner’s principal place of business]

Bid Due Date: [Enter date bid is due]

Bond

Penal Sum: [Amount]

Date of Bond: [Date]

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

Bidder Surety

(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.

Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation will be null and void if:

3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre‐paid, and will be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

C-440 First Tier Subcontractor Disclosure Form

FIRST‐TIER SUBCONTRACTOR

DISCLOSURE FORM

Project Name: City Hall Landscape Improvements

Bid Closing:

This form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing date and within two working hours after the advertised bid closing time.

List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter “NONE” if there are no subcontractors that need to be disclosed. (Attach additional sheets if needed.)

Category of Work:

Address:

Phone Number:

Construction Contractor’s Board Registration Number:

Dollar Value of Subcontract:

Address:

Phone Number:

C-440 First Tier Subcontractor Disclosure Form

Category of Work:

Name:

Address:

Phone Number:

Address:

Phone Number:

Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award.

Form submitted by (bidder name):

Contact name: Phone:

Signature: Date:

C‐460 BIDDER RESPONSIBILITY CERTIFICATIONS 11‐1‐24

BIDDER RESPONSIBILITY CERTIFICATION

This page must be completed, signed, and returned with the Bid Schedule.

Failure to do so will result in bid rejection.

This certifies that the below named Bidder meets the standards of responsibility as provided by ORS 279C.375. The below named Bidder certifies that:

1. It has the appropriate financial, material, equipment, facility and personnel resources and expertise necessary to meet all contractual responsibilities as required by this contract.

2. It has a satisfactory record of performance for other public contracts.

3. It has a satisfactory record of integrity for other public contracts.

4. It is qualified legally to contract with the City of Newport (City) for this project.

5. It will supply all required information requested by the City in connection with its bid for this project.

CERTIFICATION:

Contractor certifies that it meets the Standards of Responsibility as provided by ORS 279C.375.

Signature:________________________________ Title: ____________________________________

Name: ___________________________________________________ (Print or Type)

Firm:_________________________________________________________________

Telephone:_______________________________ Date: ____________________________________

C‐460 BIDDER RESPONSIBILITY CERTIFICATIONS 11‐1‐24

This page intentionally left blank.

C‐465 CCB License Certification for Oregon 11‐1‐24

CCB License Certification

CERTIFICATION OF LICENSING BY OREGON CONSTRUCTION

CONTRACTORS BOARD

This page must be completed, signed, and returned with the Bid.

Failure to do so will result in bid rejection.

This certifies that the below named Bidder is licensed by the State of Oregon Construction Contractor’s Board required by ORS 279C.365 (1) (k).

CERTIFICATION:

Bidder hereby certifies that it is licensed by the State of Oregon Construction Contractor’s Board and is not disqualified by the Board from performing a public improvement contract, as required by ORS 279C.365 (1) (k).

Signature:________________________________ Title: ____________________________________

Name: ___________________________________________________ (Print or Type)

Firm:_________________________________________________________________

Telephone:_______________________________ Date: ____________________________________

C‐465 CCB License Certification for Oregon 11‐1‐24

This page is intentionally left blank.

EJCDC® C‐510, Notice of Award.

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314‐2794

(703) 684‐2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347‐7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191‐4400

(800) 548‐2723 www.asce.org

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring

NOTICE OF AWARD

Date of Issuance:

Owner: The City of Newport Owner’s Project No.: 2022‐023

Engineer: Engineer’s Project No.:

Project: City Hall Landscape Improvements

Contract Name: City Hall Landscape Improvements

Bidder:

Bidder’s Address:

You are notified that Owner has accepted your Bid dated [date] for the above Contract, and that you are the Successful Bidder and are awarded a Contract for:

Installing: 1,800+ SF of concrete sidewalk; 1,200+ SF of stamped concrete landscaping; 9 LF Standard Curb; 4 concrete bench pads; 4 48” by 36” concrete art bases; removing turf;

installing sod; 1 drainage berm; 1 maintenance path; electrical work; boring 130 LF 1½” of HDPE water line with backflow devices and appurtenances.

The Contract Price of the awarded Contract is $[Contract Price]. Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, Unit Price Work, and Work performed on a cost‐plus‐fee basis, as applicable.

[Number of copies sent] unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically.

☐ Drawings will be delivered separately from the other Contract Documents.

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award:

1. Deliver to Owner [number of copies sent] counterparts of the Agreement, signed by Bidder (as Contractor).

2. Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation, as specified in the Instructions to Bidders and in the General Conditions, Articles 2 and 6.

3. Other conditions precedent (if any): [Describe other conditions that require Successful Bidder’s compliance]

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.

Within 10 days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions.

Owner: [Full formal name of Owner]

By (signature):

Name (printed):

Title:

Copy: Engineer

EJCDC® C‐520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).

CONSTRUCTION CONTRACT (STIPULATED PRICE)

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314‐2794

(703) 684‐2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347‐7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191‐4400

(800) 548‐2723 www.asce.org

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

This Agreement is by and between ____________________ (“Owner”) and _________________________ (“Contractor”).

Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions.

Owner and Contractor hereby agree as follows:

ARTICLE 1—WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

Installing: 1,800+ SF of concrete sidewalk; 1,200+ SF of stamped concrete landscaping; 9 LF Standard Curb; 4 concrete bench pads; 4 48” by 36” concrete art bases; removing turf;

installing sod; 1 drainage berm; 1 maintenance path; electrical work; boring 130 LF 1½” of HDPE water line with backflow devices and appurtenances.

ARTICLE 2—THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows:

ARTICLE 3—ENGINEER

3.01 The City Engineer will act as owner’s representative and Engineer (“Engineer”), assume all duties and responsibilities of engineer, and have the rights and authority assigned to engineer in the contract.

3.02 The part of the Project that pertains to the Work has been designed by City of Newport Parks & Recreation Department.

ARTICLE 4—CONTRACT TIMES

4.01 Time is of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times: Dates

A. The Work will be substantially complete on or before May 30th 2025, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before June 30th, 2025.

4.03 Milestones

A. Parts of the Work must be substantially completed on or before the following Milestone(s):

1. Milestone 1: Hardscape and Electrical work completed by April 15, 2025

2. Milestone 2: Boring and Irrigation completed by April 25, 2025

3. Milestone 3: Landscaping and Sod Placement by May 16, 2025

4. Milestone 4: Lighting, Planting, and Benches (all by others) June 13, 2025

4.04 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $250.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500.00 for each day that expires after such time until the Work is completed and ready for final payment.

3. Milestones: Contractor shall pay Owner $250.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 1, until Milestone 1 is achieved, or until the time specified for Substantial Completion is reached, at which time the rate indicated in Paragraph 4.05.A.1 will apply, rather than the Milestone rate.

4. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and final completion are not additive, and will not be imposed concurrently.

B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement.

4.05 Special Damages

A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete.

B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner

for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment.

C. The special damages imposed in this paragraph are supplemental to any liquidated damages for delayed completion established in this Agreement.

ARTICLE 5—CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract:

A. For all Work other than Unit Price Work, a lump sum of $___________.

All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions.

B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item).

Item No.

Description Unit Est Qnty

Bid Unit Price

Bid Amount

1 MOBILIZATION LS 1 $ $

2 EROSION AND SEDIMENT CONTROL LS 1 $ $

3 DEMOLITION/REMOVAL OF

STRUCTURES AND OBSTRUCTIONS

LS 1 $ $

4 LANDSCAPING LS 1 $ $

5 BORING – 1½” HDPE WATER LINE LS 1 $ $

6 IRRIGATION SYSTEM LS 1 $ $

7 DRAINAGE BERM LS 1 $ $

8 3 FT WIDE PERIMETER PATH LS 1 $ $

9 4” CONCRETE SIDEWALK WITH 4”

COMPACTED ¾ MINUS AGGREGATE

SF 1,854.0 $ $

10 STANDARD CURB LF 9 $ $

11 4” UNSTAMPED CONCRETE BENCH PAD EA 4 $ $

12 48” DIAMETER CONCRETE ART BASES EA 4 $ $

13 4” STAMPED CONCRETE LS 1 $ $

14 1” ELECTRICAL CONDUIT AND DUAL

OUTLET BOXES

LS 1 $ $

Total of All Unit Price Bid Items $

C. The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.

D. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment)

E. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

ARTICLE 6—PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract.

a. 5% percent of the value of the Work completed (with the balance being retainage).

1) If 95 percent or more of the Work has been completed, as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage;

and

b. 150 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100% percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 150 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

6.01 6.03 Final Payment

A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions.

6.02 6.04 Consent of Surety

A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release.

6.03 6.05 Interest

A. All amounts not paid when due will bear interest at the rate of ________ percent per annum.

ARTICLE 7—CONTRACT DOCUMENTS

7.01 7.01 Contents

A. The Contract Documents consist of all of the following:

1. This Agreement.

2. Bonds:

a. Performance bond (together with power of attorney).

b. Payment bond (together with power of attorney).

3. General Conditions.

4. Supplementary Conditions.

5. Specifications as listed in the table of contents of the project manual (copy of list attached).

6. Drawings (not attached but incorporated by reference) consisting of _____ sheets with each sheet bearing the following general title:

7. Drawings listed on the Plan Sheet Index.

8. Addenda (numbers _____ to _____, inclusive).

9. Exhibits to this Agreement (enumerated as follows):

a. None

10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:

a. Notice to Proceed.

b. Work Change Directives.

c. Change Orders.

d. Field Orders.

e. Warranty Bond, if any.

B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 7.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract.

ARTICLE 8—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS

8.01 8.01 Contractor’s Representations

A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:

1. Contractor has examined and carefully studied the Contract Documents, including Addenda.

2. Contractor has visited the Site, conducted a thorough visual examination of the Site and

adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

8.02 8.02 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract

execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner,

(b) to establish Bid or Contract prices at artificial non‐competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non‐competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

8.03 8.03 Standard General Conditions

A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC® C‐700, Standard General Conditions for the Construction Contract (2018), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions.

A. Article 9 – MISCELLANEOUS

9.01 Terms

A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.

9.02 Assignment of Contract

A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.03 Successors and Assigns

B. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

9.04 Severability

C. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

9.05 Contractor’s Certifications

D. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official…

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