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EJCDC® C-111, Advertisement for Bids for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
ADVERTISEMENT FOR BIDS
TUNICA MAIN STREET
RIVERGATE PARK IMPROVEMENTS
General Notice:
The Tunica Main Street (Owner) is requesting Bids for the construction of the following Project:
RIVERGATE PARK IMPROVEMENTS
Bids for the construction of the Project will be received at the Office of Tunica Main Street located at 909 River Road, Tunica, MS 38676, until Thursday, December 19, 2024 at 2 p.m. local time. At that time the Bids received will be publicly opened and read.
The Project includes the following Work:
Pavement and concrete sidewalk removal; new items include concrete sidewalk, colored and scored concrete sidewalk, seat wall with lettering, removable bollards, and minor landscape, irrigation, and sod.
Bids are requested for the following Contract: RIVERGATE PARK IMPROVEMENTS
Obtaining the Bidding Documents:
Information and Bidding Documents for the Project can be found at the following designated website:
www.neel-schafferplans.com
Bidding Documents may be downloaded from the designated website. Prospective Bidders must register with the designated website as a plan holder. All plan holders are required to have a valid email address for registration. 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. All bid documents must be purchased through the website. The cost of bid documents is non-refundable. Questions regarding website registration and online orders shall be directed to Plan House Printing at 601-336-6378.
“Mississippi Standard Specifications for Road and Bridge Construction, 2017 Edition” as referred to herein may be purchased from the Mississippi Department of Transportation.
A Pre-Bid Conference will not be held.
Instructions to Bidders.
For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.
EJCDC® C-111, Advertisement for Bids for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
This Advertisement is issued by:
Owner: Tunica Main Street By: Laura F. Withers Title: Director
Dates of Advertisement:
11/19/2024 11/26/2024
| 00000 Cover Tunica Main St |
| 00003 TOC |
| C111 Ad for Bids for Const Contract 2018 |
| ADVERTISEMENT FOR BIDS |
| General Notice: |
| Obtaining the Bidding Documents: |
| A Pre-Bid Conference will not be held. |
| This Advertisement is issued by: |
| Owner: Tunica Main Street |
| Title: Director |
| C200 Instr to Bidders 2018 |
| Article 1— Defined Terms |
| 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: |
| A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders. |
| Article 2— Bidding Documents |
| 2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a co... |
| 2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any o... |
| 2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Doc... |
| Article 3— Qualifications of Bidders |
| 3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work: |
| A. For all bids submitted in excess of $50,000, Bidder shall write its current Mississippi Board of Contractors Certificate of Responsibility Number on the exterior of the sealed bid envelope in order to be opened and considered. |
| B. Bidder’s Mississippi Board of Contractors Certificate of Responsibility Classification for this project shall be Building Construction and/or Municipal and Public Works. Bidder’s Classification shall be written on the exterior of the sealed bid en... |
| C. Out of state Bidders, licensed in the State of Mississippi, shall include with their bid package a copy of their resident state’s current preference law, if any, pertaining to such state’s treatment of nonresident contractors. Failure to do so sha... |
| D. Owner hereby notifies all Bidders that it will affirmatively insure that disadvantaged and women’s enterprises will be afforded the full opportunity to bid on and be considered for award of any contracts associated with this project and will not be... |
3.02 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.
| Article 4— Pre-Bid Conference |
| 4.01 A pre-bid conference will not be conducted for this Project. |
| Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site |
| 5.01 Site and Other Areas |
| A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, const... |
| 5.02 Existing Site Conditions |
| A. Subsurface and Physical Conditions; Hazardous Environmental Conditions |
| 1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site: |
| a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data. |
| b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technica... |
| c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. |
| d. Technical Data contained in such reports and drawings. |
| 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled t... |
| 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. |
B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and d...
| 5.03 Other Site-related Documents |
| A. In addition to the documents regarding existing Site conditions referred to in Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the Site are known to Owner and made available to Bidders for reference: |
| 1. None |
| 5.04 Site Visit and Testing by Bidders |
| A. Bidder is encouraged to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site. |
| B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. |
| C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder dee... |
| D. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Si... |
| E. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. |
| 5.05 Owner’s Safety Program |
| A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions. |
| 5.06 Other Work at the Site |
| A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime con... |
| Article 6— Bidder’s Representations and Certifications |
| 6.01 Express Representations and Certifications in Bid Form, Agreement |
| A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection wi... |
| B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement. |
| Article 7— Interpretations and Addenda |
| 7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents. |
| 7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows: |
| A. Russ Bryan, PLA |
| Neel-Schaffer, Inc. |
| 601-545-1565 |
| Russ.bryan@neel-schaffer.com |
| 7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may... |
| 7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly m... |
| Article 8— Bid Security |
| 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five (5) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the req... |
| 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of... |
| 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid... |
| 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening. |
| Article 9— Contract Times |
| 9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement. |
| 9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. |
| Article 10— Substitute and “Or Equal” Items |
| 10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items... |
| 10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the... |
| Article 11— Subcontractors, Suppliers, and Others |
| 11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor... |
| 11.02 Subcontractor’s proposed for subcontracts for all or any portion of the construction exceeding $50,000 are required to have a current Certificate of Responsibility Number issued by the Mississippi Board of Contractors and such subcontractors sha... |
| 11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due in... |
| 11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will constitute ... |
| Article 12— Preparation of Bid |
| 12.01 The Bid Form is included with the Bidding Documents. |
| A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment... |
| B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.” |
| 12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must... |
| 12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown. |
| 12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown. |
| 12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must b... |
| 12.06 A Bid by an individual must show the Bidder’s name and official address. |
| 12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address... |
| 12.08 All names must be printed in ink below the signatures. |
| 12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form. |
| 12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown. |
| Article 13— Basis of Bid |
| 13.01 Unit Price |
| A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. |
| B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Uni... |
| C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the co... |
| Article 14— Submittal of Bid |
| 14.01 The documents required to be submitted as part of the Bid Package include, at a minimum, the Bid Form, the Bid Bond Form and other documents as required under the terms of Article 2 of the Bid Form. Bidders shall submit a bound copy of the Bid ... |
| 14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated po... |
| 14.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. |
| Article 15— Modification and Withdrawal of Bid |
| 15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt o... |
| 15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids. |
| 15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation o... |
| Article 16— Opening of Bids |
| 16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made avail... |
| Article 17— Bids to Remain Subject to Acceptance |
| 17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. |
| Article 18— Evaluation of Bids and Award of Contract |
| 18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or cha... |
| 18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. |
| 18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate ... |
| 18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid. |
| 18.05 Evaluation of Bids |
| A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. |
| B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner will announce to all bidders a “Base Bid plus alternates” budget after rece... |
| C. For determination of the apparent low Bidder(s) when sectional bids are submitted, Bids will be compared on the basis of the aggregate of the Bids for separate sections and the Bids for combined sections that result in the lowest total amount for a... |
| D. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum... |
| E. For the determination of the apparent low Bidder when cost-plus-fee bids are submitted, Bids will be compared on the basis of the Guaranteed Maximum Price set forth by Bidder on the Bid Form. |
| 18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity... |
| 18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. |
| Article 19— Bonds and Insurance |
| 19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the e... |
| 19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process. |
| Article 20— Signing of Agreement |
| 20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bi... |
| Article 21— Sales and Use Taxes: Not used. |
| Article 22— Contracts to Be Assigned: not used. |
| C410 Bid Frm for Const Contract 2018 |
| Article 1— Owner and Bidder |
| 1.01 This Bid is submitted to: |
| Tunica Main Street |
| P.O. Box 2654 |
| Tunica, MS 38676 |
| 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 wit... |
| 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 if their portion of the project exceeds $50,000. Include their Certificate of Responsibility and Classification; |
| C. Contractor’s Certificate of Responsibility and Classification written on the outside of the Bid envelope; |
| D. If the Bidder resides out of state, a copy of the Bidder’s resident state law regarding preference, if any, pertaining to such state’s treatment of non-resident contractors. If the Bidder’s resident state does not have a preference law, the Bidder... |
| 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: |
| 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. |
| Article 4— Time of Completion |
| 4.01 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 th... |
| 4.02 Bidder agrees that the Work will be substantially complete within 100 calendar days (for the Base Bid) and 150 calendar days (for the Additive Alternate) after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the ... |
| 4.03 Bidder accepts the provisions of the Agreement as to liquidated damages. |
| Article 5— Bidder’s Acknowledgements: Acceptance Period, Instructions, and Receipt of Addenda |
| 5.01 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. |
| 5.02 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. |
| 5.03 Receipt of Addenda |
| A. Bidder hereby acknowledges receipt of the following Addenda: |
| Article 6— Bidder’s Representations and Certifications |
| 6.01 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 identifi... |
| 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 d... |
| 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 Techni... |
| 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,... |
| 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 resolutio... |
| 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. |
| 6.02 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 fr... |
| 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. |
| C430 Bid Bond Penal Sum Form 2018 |
| C510 Notice of Award 2018 |
| C520 Agmnt btw Own and Cntr for Const Con Stip Price 2018 |
| 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: Rivergate Park Improvements |
| Article 2— THE PROJECT |
| 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Rivergate Park Improvements |
| Article 3— ENGINEER |
| 3.01 The Owner has retained Russ Bryan, PLA of Neel-Schaffer, Inc. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract. |
| 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: Days |
| A. The Work will be substantially complete within 100 calendar days (for the Base Bid) and 150 calendar days (for the Additive Alternate) after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, a... |
| 4.03 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.... |
| 1. Substantial Completion: Contractor shall pay Owner $200.00 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 pay... |
| 3. 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, exces...
| 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. Total of Lump Sum Amounts and Unit Price Work (subject to final Unit Price adjustment) $[number]. |
| 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 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 ... |
| 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 li... |
| a. 95 percent of the value of the Work completed (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 20...
| 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. |
| 6.04 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. |
| 6.05 Interest |
| A. All amounts not paid when due will bear interest at the rate of 1% percent per annum. |
| Article 7— CONTRACT DOCUMENTS |
| 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: Rivergate Park Improvements. |
| 7. Addenda (numbers [number] to [number], inclusive). |
| 8. Exhibits to this Agreement (enumerated as follows): |
| a. None |
| 9. 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 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 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 t... |
| 5. 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 Pr... |
| 6. 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. |
| 7. 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 ... |
| 8. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. |
| 9. 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 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... |
| 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. |
| C550 Notice to Proceed 2018 |
| C610 Performance Bond 2018 |
| 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or |
| C615 Payment Bond 2018 |
| C625 Cert of SC 2018 |
| C626 Notice of Acceptability 2018 |
| C700 General Conditions 2018 |
| Article 1—Definitions and Terminology |
| 1.01 Defined Terms |
| A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specificall... |
| 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. |
| 2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. |
| 3. Application for Payment—The document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents. |
| 4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. |
| 5. Bidder—An individual or entity that submits a Bid to Owner. |
| 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. |
| 7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. |
| 8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Ef... |
| 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the re... |
| 10. Claim |
| a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning ... |
| b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal, or seeking resolution of a contractual issue that Eng... |
| c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final paym... |
| d. A demand for money or services by a third party is not a Claim. |
| 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoe... |
| 12. Contract—The entire and integrated written contract between Owner and Contractor concerning the Work. |
| 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. |
| 14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. |
| 15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. |
| 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. |
| 17. Cost of the Work—See Paragraph 13.01 for definition. |
| 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. |
| 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. |
| 20. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. |
| 21. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including s... |
| 22. Engineer—The individual or entity named as such in the Agreement. |
| 23. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. |
| 24. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. |
| a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements o... |
| b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. |
| c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. |
| 25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having juris... |
| 26. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. |
| 27. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work. |
| 28. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid. |
| 29. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. |
| 30. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. |
| 31. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor’s plan to accomplish the Work within the Contract Times. |
| 32. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Docum... |
| 33. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representa... |
| 34. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. |
| 35. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals. |
| 36. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. |
| 37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, wheth... |
| 38. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands or areas furnished by Owner which are designated for the use of... |
| 39. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. |
| 40. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. |
| 41. Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may i... |
| 42. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documen... |
| 43. Successful Bidder—The Bidder to which the Owner makes an award of contract. |
| 44. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. |
| 45. Supplier—A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. |
| 46. Technical Data |
| a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing ... |
| b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in borin... |
| c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings. |
| 47. Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those fa... |
| 48. Unit Price Work—Work to be paid for on the basis of unit prices. |
| 49. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to ... |
| 50. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. |
| 1.02 Terminology |
| A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. |
| B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, t... |
| C. Day: The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. |
| D. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: |
| 1. does not conform to the Contract Documents; |
| 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or |
| 3. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04). |
| E. Furnish, Install, Perform, Provide |
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