7-20260416074521 JACKSON.pdf

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR

JACKSON, MISSISSIPPI

CITY OF JACKSON INFRASTRUCTURE IMPROVEMENTS

CREEK AND CHANNEL CLEARING

PROJECT NO. COJ-CC-01

April 16, 2026

DEPARTMENT OF PUBLIC

WORKS ENGINEERING DIVISION

200 South Presidents Street Jackson, MS 39201

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR

CITY OF JACKSON INFRASTRUCTURE IMPROVEMENTS

CREEK AND CHANNEL CLEARING

TABLE OF CONTENTS

SECTION A ADVERTISEMENT FOR BIDS

SECTION B INFORMATION FOR BIDDERS

SECTION C BID FORM AND BIDDERS CERTIFICATES

SECTION D BID BOND

SECTION E CONTRACT

SECTION F PERFORMANCE BOND

SECTION G PAYMENT BOND

SECTION H CERTIFICATE OF SUFFICIENCY

SECTION I NSPE GENERAL CONDITIONS

SECTION J PROJECT SUPPLEMENTAL GENERAL CONDITIONS

J.1 Project Special Conditions J.2 Instructions for Bonds J.3 Special Provisions J.4 Insurance Requirements J.5 Shop Drawings, Product Data and Samples

CITY OF JACKSON

ADVERTISEMENT FOR BIDS

NOTICE is hereby given that the City of Jackson will receive written sealed bids until the hour of 3:30 PM on Tuesday, May 19, 2026 at the Municipal Clerk’s Office for the furnishing of all labor, materials, and equipment necessary for the construction of the following project:

COJ-CC-01

Drawings and Specifications are on file at the office of the Engineering Division, Department of Public Works.

The project consists of the construction of: Creek Clearing and Grubbing, Debris Removal, and Slope Stabilization. and all related appurtenances shown on the Bid Form.

The total Contract Time will be 180 consecutive calendar days per project, and the liquidated damages will be $750 per consecutive calendar day thereafter project.

The City of Jackson hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises/woman business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Copies of the plans and specifications, together with contract documents, may be obtained from the office of IMS Engineers located at 126 E. Amite Street upon payment of $150 for each set per project, none of which is refundable.

The award will be made to the lowest and best bidder, and the City of Jackson reserves the right to reject any and all bids.

PUBLIC WORKS ENGINEERING, BY ORDER OF THE _CITY OF JACKSON, THE

_____ DAY OF ________, 20___.

Lorenzo Anderson Department of Public Works

PUBLISH: Mississippi link and Clarion Ledger Publication Dates: April 16, 2026, and April 23, 2026. Bid Opening Date: May 19, 2026

Furnish proof of publication to: City of Jackson Public Works Engineering and IMS Engineers

B-1

INFORMATION FOR BIDDERS

1. Receipt and Opening of Bids: Bids will be received by the City of Jackson no later than __3:30__PM on _May 19, 2026 at the Municipal Clerk's office.

2. Bids:

A. Shall be made on the forms provided and all applicable blank spaces filled in.

Alterations, erasures or changes of any kind must be initialed by the BIDDER and shall not contain any recapitulation of the work to be done. No oral, telephonic or telegraphic proposals will be considered.

B. BIDDERS ARE HEREBY NOTIFIED THAT ANY PROPOSAL

ACCOMPANIED BY LETTERS, QUALIFYING IN ANY MANNER, THE

CONDITION UNDER WHICH THE PROPOSAL IS TENDERED, WILL BE

CONSIDERED AS AN IRREGULAR BID AND SHALL NOT BE

CONSIDERED IN MAKING THE AWARD.

C. Bids may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Bids received after the time and date specified shall not be considered.

D. Submit bids (in duplicate) in an opaque sealed envelope marked in the lower left hand corner as follows:

1. Bid for construction of: City of Jackson Infrastructure Improvements (Creek and Channel Clearing) Project No. COJ-CC-01.

2. Certificate of Responsibility No. __________________________________.

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

3. Method of Bidding:

A. The bid will consist of a base bid amount in accordance with the totals bid per various items and schedules of the project Bid Form with various additive and/or deductive alternatives.

B. The City of Jackson reserves the right to reject any or all bids and to waive any or all informalities.

B-2

4. Addenda and Interpretations:

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

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

5. Certificate of Responsibility Number:

A. Each CONTRACTOR submitting a bid must show on the face of the envelope containing the bid, their State of Mississippi Certificate of Responsibility Number unless there appears a statement on the face of the envelope that the enclosed bid does not exceed $50,000.00 with respect to public projects or $100,000.00 with respect to private projects.

B. No bids will be accepted, opened or considered unless the above information is given as specified.

C. Sufficient evidence that said Certificate of Responsibility Number has been issued and is in effect at the time of receiving bids, and that BIDDER’S Certificate of Responsibility work classification(s) qualifies them to perform the type(s) of work required for this project, must be submitted when required by OWNER or

ENGINEER.

6. Notice to Nonresident Bidders:

A. A nonresident BIDDER domiciled in a state having laws granting preference to local contractors shall be awarded Mississippi public contracts only on the same basis as the nonresident BIDDERS’s state awards contracts to Mississippi contractors bidding under similar circumstances; and resident contractors actually domiciled in Mississippi, be they corporate, individuals or partnerships, are to be granted preference over nonresidents in awarding of contracts in the same manner and to the same extent as provided by the laws of the state of domicile of the nonresident. This preference, if it is a percentage of the bid or other monetary amount, is not to be added to the nonresident BIDDER’s bid by the nonresident BIDDER. The ENGINEER will add a line to the bid tabulation report that shows the amount of the nonresident BIDDER premium when the bids are tabulated for the sole purpose of determining the order of the BIDDERs.

B. When a nonresident CONTRACTOR submits a bid for a public project, he shall attach thereto a copy of his resident state’s current bid law pertaining to such state’s treatment of nonresident CONTRACTORS.

C. Nonresident BIDDERS Certificate: CONTRACTOR must complete the Nonresident BIDDERS Certificate included in the Contract Documents (page C-13) and submit same as part of their bid.

B-3

D. As used in this section, the term “resident contractors” includes a nonresident person, firm or corporation that has been qualified to do business in this state and has maintained a permanent full-time office in the State of Mississippi for two (2) years prior to January 1, 1986, and the subsidiaries and affiliates of such a person, firm or corporation.

7. Bid Security: Each bid must be accompanied by a certified check of the BIDDER, or a Bid Bond prepared on the form of a bid bond as included herein, duly executed by the BIDDER as principal and having as surety thereon a surety company licensed by the State of Mississippi and signed by an agent resident in Mississippi, in the amount of five percent (5%) of the base bid.

8. Liquidated Damages for Failure to Enter into Contract: The successful BIDDER, upon their failure or refusal to execute and deliver the contract and bonds required within ten (10) days after they have received the contract for execution, shall forfeit to the OWNER, as liquidated damages, the bid security deposited with their bid.

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

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

11. Condition of Work: Each BIDDER shall visit the site and inform themselves fully of the conditions at the site relating to the completion of the project. Failure to do so will not relieve a successful BIDDER of their obligation to furnish all material and labor necessary to carry out the provisions of their contract.

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

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

14. Proposal Guarantees: Proposal guarantees will be returned to the unsuccessful BIDDERS as soon as a Contract has been awarded and to the successful bidder after they have executed the Contract and have furnished Contract Performance and Payment Bonds and Certificates of Insurance as required.

B-4

15. Non-Collusion Affidavit: CONTRACTOR must complete (in duplicate) the non-collusion affidavits included in the Contract Documents (pages C-15 and C-17) and submit same as part of their bid. FAILURE TO DO SO WILL DISQUALIFY THEIR BID.

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

17. Subcontractor: The BIDDER is specifically advised that any person, firm or other party to whom it proposes to award a subcontract must be acceptable to the OWNER. The total allowable subcontract amount shall not exceed fifty percent (50%) of contract amount unless otherwise approved by the OWNER.

18. Qualifications of Subcontractors: Material and Equipment Suppliers:

A. Within ten (10) working days after award of contract, the CONTRACTOR will submit to the OWNER and the ENGINEER for acceptance, a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of the Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) working days after receiving the list, the ENGINEER will notify the CONTRACTOR in writing if either the OWNER or the ENGINEER, after due investigation, has reasonable objection to any Subcontractor, person or organization on such list. The failure of the OWNER or the ENGINEER to make objection to any Subcontractor, person or organization on the list within thirty (30) working days of receipt shall constitute an acceptance of such Subcontractor, person or organization but shall not constitute a waiver of any right of the OWNER or the ENGINEER to reject any Work, Material or Equipment that is not in conformance with the requirements of the Contract Documents.

B. The CONTRACTOR will not employ any Subcontractor, other person or organization, whether initially or as a substitute, against whom the OWNER or the ENGINEER may have reasonable objection, nor will the CONTRACTOR be required to employ a Subcontractor who has been accepted by the OWNER and the ENGINEER, unless the ENGINEER determines that there is good cause for doing so.

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

B-5

CONTRACTOR on account of specific Work done in accordance with the schedule of values.

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

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

OWNER.

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

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

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

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

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

19. Qualifications of BIDDERS: The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the Work and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject a Bid if the evidence submitted by or investigation of such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the items of Work contemplated therein.

END OF SECTION

B-6

20. Insurance: The CONTRACTOR will be required to carry the types and amounts of insurance specified in the Project Supplemental Conditions, Section J.4, as enclosed herein for the full term of the Contract.

21. Contract Award: Award of Contract, if made, shall be within 90 days of date of Receipt of Bids.

22. Issuance of "Notice to Proceed": If the Contract is awarded, the OWNER will issue the "Notice to Proceed" within 30 days after the date of agreement of the Contract.

C-1

PROPOSAL

Proposal of (hereinafter called "BIDDER"), organized and existing under the laws of the State of doing business as a insert:

(corporation, partnership, limited liability company, or individual) to: the City of Jackson, (hereinafter called "OWNER"). In compliance with your advertisement for Bids, BIDDER, hereby proposes to perform all WORK for construction of City of Jackson Infrastructure Improvements

(Creek and Channel Clearing) in strict accordance with the CONTRACT DOCUMENTS, within the time set forth herein, and at the prices stated below. By submission of the BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been developed independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in a written "NOTICE TO PROCEED" and to fully complete the Project within 180 consecutive calendar days thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $750 for each consecutive calendar day thereafter as provided for elsewhere in these CONTRACT DOCUMENTS.

BIDDER ACKNOWLEDGES receipt of the following ADDENDA:

NUMBER: __________________________DATE:_____________________________________

NUMBER: __________________________DATE:_____________________________________

NUMBER: __________________________DATE:_____________________________________

NUMBER: __________________________DATE:_____________________________________

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

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

C-2

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

Contract Time for the following Unit Prices specified.

BIDDER further agrees to execute the contract agreement as bound herein within ten (10) days after receipt of contract forms from the OWNER.

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

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

Specifications, each in an amount of not less than one hundred percent (100%) of the total of the

Base Bid. These Bonds shall not only serve to guarantee the completion of the work on the

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

BIDDER encloses a Bid Bond or Certified Check for 5% of Base Bid Amount DOLLARS

($ ) and hereby agree that in case of failure to execute the Contract and furnish the required Bonds within (10) days after the Receipt of Contract Forms, the amount of this Certified Check or Bid Bond will be forfeited to the OWNER, as liquidated damages arising out of his failure to execute the Contract as proposed.

It is understood that in case BIDDER is awarded the work, the Certified Check or Bid Bond submitted as Bid security will be returned as stipulated in the Specifications.

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

Federal Requirements, if applicable.

C-3

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

SUBCONTRACTORS when required to do so by the OWNER.

BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or base bid amount: SEE PAGE C-5a through 5b FOR BID ITEMS.

NOTES:

1. Unit price amounts are to be shown in figures where indicated. Where a discrepancy in the unit price and the extension of any items occurs, the unit price will govern.

2. Unit prices shall include all labor, materials, bonding, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

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

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

5. Any item of work not specified on the Proposal as a separate pay item or indicated as an absorbed cost in a pay item but which is incidental to completion of the work shall be considered as an absorbed cost with full compensation included in the unit price bid for the particular item involved.

6. OWNER reserves the right to award any combination of base and additive alternate bids (if any) it deems advantageous and in the event that all specified bid item units are lump sum (LS), the OWNER reserves the right to delete any such item or combination of such items from the project. The OWNER further reserves the right to delete any item or items desired from the Bid Schedule after the Contract has been awarded. Any deletions, if any made, shall be by Change Order and BIDDER hereby agrees to accept such Change Orders.

C-4

THIS PAGE INTENTIONALLY BLANK

Site No. Project Summary Termini Points Approximate

Length (LF) Price (Lump Sum)

SITE NO. COJ-01-A01: Tributary Creek Clearing – Tributary is located south of Northtown Drive (running parallel to Roadway Northtown Drive from Northtown Drive to Northtown Drive).

Northtown Drive - running parallel to Northtown Drive 3600 $

SITE NO. COJ-07-A01: Eubanks Creek Channel Clearing –Eubanks Creek is located north of Iroquois Avenue (running parallel to Iroquois Avenue, Choctaw Road, Robin Drive, Cavalier Drive and Cowan Place from Northwest Street to I-55).

Eubanks Creek channel starting at Northwest Street- running parallel to Iroquois Avenue, Choctaw Road, Robin Drive, Cavalier Driver, and Cowan Place- to I-55

9000 $

SITE NO. COJ-07-A02: Belhaven Tributary Channel Clearing –Belhaven Tributary is located north of St. Mary Street and south of Piedmont Street (running parallel to St. Mary Street and Piedmont Street from Riverside Drive to Laurel Street).

Belhaven Tributary channel starting at Riverside Drive- running parallel to St. Mary Street and Piedmont Street- to Laurel Street

1400 $

SITE NO. COJ-07-A03: Cany Creek Tributary Channel Clearing –Cany Creek Tributary is located north of Valley Road (running parallel to Valley Road and Pine Hollow Circle from E.

Leavell Wood Driver to Cany Creek).

Cany Creek Tributary channel starting at E.

Leavell Wood Driver-running parallel to Valley Road and Pine Hollow Circle- to Cany Creek

6000 $

Description Quantity Unit Price Total

26 Loose Riprap (300LB.) (Tons) 2500 $

CITY OF JACKSON INFRASTRUCTURE IMPROVEMENTS

CHANNEL CLEARING AND GRUBBING

PROPOSAL FORM

Scope: Ditch and Channel Cleaning (including clearing and grubbing, removal of debris & sedimentation.) The contractor shall be responsible for replacing all riprap and filling all voids from removal that create voids. For Storm Drain Outline Pipes tying into the channel, all debris and/or obstructions that are restricting storm water from properly flowing into the channel shall be removed. The contractor shall be responsible for removing and disposing of debris from the project site. The contractor shall be responsible for preventing silt from flowing to the ditch. The contractor shall utilize the City of Jackson Property to access the channel. Any damages to properties as a result of ditch cleaning shall be restored to original or better condition. The contractor shall be responsible for verifying utilities located in vicinity work area and work cautiously around all utilities. Any utilities damaged shall be repaired at no additional cost to this project.

The contractor shall be responsible for clearing and grubbing along the following locations:

SLOPE STABILIZATION WORK

27 Geotextile Fabric Under RipRap Type V AOS <0.43, Non-Woven (Square Yard) 4000 $

28 Borrow Excavation (Class 9) (Cubic Yard) 2500 $

Note:

RESPECTFULLY SUBMITTED BY: _________________________________________

SIGNATURE: ____________________________________________________________

NAME: _________________________________________________________________

(PLEASE PRINT)

TITLE: __________________________________________________________________

(PLEASE PRINT)

ADDRESS: ______________________________________________________________

CERTIFICATE OF RESPONSIBILITY NUMBER: ______________________________

TELEPHONE NUMBER: ___________________________________________________

FACSIMILE NUMBER: ____________________________________________________

PROJECT TOTAL

The City of Jackson reserves the right to increase, decrease, or otherwise modify the scope of work for this project as deemed necessary, without invalidating the contract.

Drainage Improvement Recommendations

Channel Cleaning

FIGURE A01-1: PROJECT COJ-01-A01 IMPROVEMENTS

FIGURE A01-2: PROJECT COJ-01-A01 IMPROVEMENTS

BEGIN CREEK:

PROJECT CLEARING

CONT. TO FIGURE

A01-2

CREEK CLEARING

(CONT.)

CONT. TO FIGURE

A01-3

Channel Cleaning

FIGURE A01-3: PROJECT COJ-01-A01 IMPROVEMENTS

FIGURE A01-4: PROJECT COJ-01-A01 IMPROVEMENTS

CREEK CLEARING

(CONT.)

CONT. TO FIGURE

A01-4

CREEK CLEARING

(CONT.)

END OF CREEK

CLEARING

Figure A01-1: PROJECT COJ-07-A01 IMPROVEMENTS

Figure A01-2: PROJECT COJ-07-A01 IMPROVEMENTS

Figure A01-3: PROJECT COJ-07-A01 IMPROVEMENTS

BEGIN CREEK

CONT. TO FIGURE

A01-2

CONT. TO FIGURE

A01-3

CONT. TO FIGURE

A01-4

CREEK CLEARING

(CONT.)

Figure A01-4: PROJECT COJ-07-A01 IMPROVEMENTS

Figure A01-5: PROJECT COJ-07-A01 IMPROVEMENTS

Figure A01-6: PROJECT COJ-07-A01 IMPROVEMENTS

CONT. TO FIGURE

A01-5

CONT. TO FIGURE

A01-6

CREEK CLEARING

(CONT.)

CREEK CLEARING

(CONT.)

END OF CREEK

Figure A02-1: PROJECT COJ-07-A02 IMPROVEMENTS

Figure A02-2: PROJECT COJ-07-A02 IMPROVEMENTS

CLEARING CONT. TO FIGURE

A02-2

END OF CREEK

CLEARING

Figure A03-1: PROJECT COJ-07-A03 IMPROVEMENTS

Figure A03-2: PROJECT COJ-07-A03 IMPROVEMENTS

Figure A03-3: PROJECT COJ-07-A03 IMPROVEMENTS

CONT. TO FIGURE

A03-2

CONT. TO FIGURE

A03-3

CONT. TO FIGURE

A03-4

CREEK CLEARING

(CONT.)

Figure A03-4: PROJECT COJ-07-A03 IMPROVEMENTS

Figure A03-5: PROJECT COJ-07-A03 IMPROVEMENTS

CONT. TO FIGURE

A03-5

END OF CREEK

CLEARING

CREEK CLEARING

(CONT.)

C-6

C-7

CORPORATE CERTIFICATE

(To be executed if BIDDER is a Corporation)

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

CONTRACTOR in the foregoing Proposal; that who signed said Proposal on behalf of the CONTRACTOR, was then of said Corporation; that said Proposal was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

Name:

Title:

Signature:

(CORPORATE SEAL)

C-8

C-9

PARTNERSHIP CERTIFICATE

(To be executed if BIDDER is a Partnership)

STATE OF ___________________________________________

COUNTY OF _________________________________________

On this day of , 20___, before me personally appeared

_______________________________, known to be and known by me to be the person who executed the above instrument, who being by me first duly sworn, did depose and say that he is general partner in the firm of:

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

Signature _________________________________________

Title _____________________________________________

(SEAL)

Sworn before me this day of , 20___.

_________________________________, Notary Public

My commission expires

C-10

C-11

LIMITED LIABILITY COMPANY CERTIFICATE

(To be executed if BIDDER is a LLC)

I, the undersigned ____________________________, hereby certify that I am the Manager of _________________________________ (the “Company”) or if the Company does not have a

Manager, a Member of the Company with full power and authority to bind the Company; that

___________________________ who executed the Proposal on behalf of the Company is

_______________________________ of the Company with full power and authority to execute same on behalf of the Company, and that the Proposal and the Contract, if awarded to the Company, are within the powers and authority of the Company.

C-12

C-13

NONRESIDENT BIDDER CERTIFICATE

(to be executed if a BIDDER is a nonresident)

I, __________________________________, hereby certify that the CONTRACTOR, ______________________________________, is domiciled in the State of _________________ and (check and complete one):

(____) attached is a copy of the State of ___________________’s current law pertaining to the treatment of nonresident CONTRACTORS. Paragraph _____, page _____ of said law grants resident CONTRACTORS a _____ percent preference over nonresident

CONTRACTORS for similar projects.

(____) the State of ___________________ has no current law pertaining to the treatment of nonresident contractors.

(____) I claim “resident contractor” status based upon having been qualified to do business in this state and having maintained a permanent full-time office in the State of Mississippi for two

(2) years prior to January 1, 1986. Proof of such claim must be submitted and approved before contract is signed.

C-14

C-15

NON-COLLUSION AFFIDAVIT

(TO BE EXECUTED IN DUPLICATE)

STATE OF MISSISSIPPI

COUNTY OF

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

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

(a) That , Bidder on the

COJ-CC-01:City of Jackson Infrastructure Improvements for the City of Jackson has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this contract; nor have any of its officers, partners, employees or principal owners.

(b) further, that neither said legal entity nor any of its directors, officers, partners, principal owners or managerial employees are currently debarred from bidding on public contracts by the State of Mississippi or any of its agencies; or by one or more of the other states or any of their agencies; or by the Federal Highway Administration.

_________________________________, Notary Public

My commission expires

NOTE: FAILURE TO PROPERLY SIGN AND NOTARIZE THIS AFFIDAVIT WILL

DISQUALIFY THE BID.

C-16

C-17

NON-COLLUSION AFFIDAVIT

(TO BE EXECUTED IN DUPLICATE)

STATE OF MISSISSIPPI

COUNTY OF

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

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

(a) That , Bidder on the

COJ-CC-01: City of Jackson Infrastructure Improvements for the City of Jackson has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this contract; nor have any of its officers, partners, employees or principal owners.

(b) further, that neither said legal entity nor any of its directors, officers, partners, principal owners or managerial employees are currently debarred from bidding on public contracts by the State of Mississippi or any of its agencies; or by one or more of the other states or any of their agencies; or by the Federal Highway Administration.

_________________________________, Notary Public

My commission expires

NOTE: FAILURE TO PROPERLY SIGN AND NOTARIZE THIS AFFIDAVIT WILL

DISQUALIFY THE BID.

D-1

BID BOND

KNOW ALL MEN BY THESE PRESENTS:

That (Name of Contractor)

(Address of Contractor) a hereinafter called "Principal", and (Corporation, Partnership, Limited Liability Company or

Individual) hereinafter called "Surety", (Name of Surety) are held and firmly bound unto the_______________________________, hereinafter called

"OWNER" in the penal sum of 5% of Total Bid, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

Signed, this the day of , 20___. The Condition of the above obligation is such that whereas the Principal has submitted to the ________________________ a certain BID, attached hereto and hereby made a part thereof to enter into a contract in writing, for the construction of:

City of Jackson Infrastructure Improvements (Creek and Channel Clearing)

NOW, THEREFORE,

(a) If said BID shall be rejected, or,

(b) If said BID shall be accepted and the Principal shall execute and deliver a contract on the Contract form as attached hereto (properly completed in accordance with said BID) and shall furnish BONDS for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection herewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension.

D-2

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these present to be signed by their officers, the day and year first set forth above.

(L.S.)

Principal Surety

By: By:

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

E-1

CONTRACT

THIS AGREEMENT, made this the _________ day of ____________________, 20___, by and between the ______________________________ hereinafter called "OWNER" and ________________________________________________ doing business as (an Individual), (a Partnership), (a Limited Liability Company), or (a Corporation) hereinafter called

"CONTRACTOR".

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR will commence and complete the construction of:

hereinafter called "PROJECT".

2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein.

3. The CONTRACTOR will commence the work required by the CONTRACT

DOCUMENTS within 10_ calendar days after the date of the NOTICE TO PROCEED and will complete the PROJECT within ____ calendar days, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS.

4. The CONTRACTOR agrees to perform all of the work described in the CONTRACT

DOCUMENTS, and comply with the terms therein for the sum of $ ______ or as shown in the BID Schedule.

5. The term "CONTRACT DOCUMENTS" means and includes the following:

A. This Agreement B. Instruction to Bidders C. Signed Copy of Proposal Form and Bidder's Certificate D. Executed Non-Collusion Form and Compliance Statements E. Executed Performance Bond F. Executed Payment Bond G. NSPE General Conditions H. Special Contract Provisions I. Technical Specifications J. DRAWINGS prepared by _________________________________________ and dated ______________________________, 20___.

K. SPECIFICATIONS prepared or issued by ____________________________ and dated _________________________________________, 20___.

L. ADDENDA:

No. Dated ____________________ No. Dated ____________________ No. Dated ____________________ No. Dated ____________________

E-2

M. All federal government conditions, specifications, regulations and requirements bound herein.

6. The CONTRACTOR agrees to abide by the following consequences for failure to complete the project within the time specified in the CONTRACT DOCUMENTS:

A. LIQUIDATED DAMAGES - CONTRACTOR shall pay to OWNER for each and every calendar day that he shall be in default in attaining Completion of the Work within the time stipulated the sum of $ 750 as liquidated damages. The CONTRACTOR shall be liable for the continued assessment of liquidated damages of $ 750 for each calendar day that he shall be in default in completing the Work within the stipulated time as provided herein. Since the OWNER’S losses are due to the CONTRACTOR’S delay and are not readily ascertainable, the amount provided herein for liquidated damages constitutes agreed damages and not a penalty.

B. INDEMNIFICATION - In addition to payment of the above liquidated damages, CONTRACTOR shall fully indemnify and hold harmless the OWNER, the ENGINEER and their officers, personnel, and agents from and against: (1) any and all fines, civil penalties, and assessments levied by the State of Mississippi Office of Pollution Control, State of Mississippi Bureau of Environmental Health or any federal or state court for failure to meet, perform, or comply with any part of the time schedule as defined in the Contract Documents, and (2) any and all claims, damages, losses, expenses, liabilities, actions, judgments, and decrees of any and every nature whatsoever in any manner caused by, resulting from, or arising out of such failure.

C. RIGHT OF SET-OFF - The OWNER, in addition to its other remedies under this Contract and in law and in equity, may deduct from monies which become due the CONTRACTOR under this Contract any unpaid amounts which become due to the OWNER under any of the foregoing provisions.

7. The OWNER will pay to the CONTRACTOR in the manner and at such times set forth in the General Conditions such amount as required by the CONTRACT DOCUMENTS. The OWNER shall retain five percent (5%) of the amount of each payment until final completion and acceptance of all work covered by the CONTRACT DOCUMENTS unless otherwise mutually agreed.

8. The CONTRACTOR agrees to allow the OWNER or a duly authorized representatives thereof, access to books, documents, papers and records of the CONTRACTOR which are directly pertinent to the project which is the subject of this Contract, for the purpose of making audits, examinations, excerpts and transcriptions, and CONTRACTOR agrees to insert an identical access to records clause into all subcontracts.

9. The CONTRACTOR shall be held responsible for forfeiture of monies in the event that an audit indicates his failure to keep adequate records, including change orders, force accounts and payroll records.

E-3

10. Attached hereto and made a part of this Contract is a Payment Bond, executed by a Surety Company doing business in the State of Mississippi, in the sum of:

(not less than one hundred percent of Contract amount)

11. Attached hereto and made a part of this Contract is a Performance Bond, executed by a

Surety Company doing business in the State of Mississippi, in the sum of:

(not less than one hundred percent of Contract amount)

12. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

E-4

IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in 5 copies each of which shall be deemed an original on the date first above written.

OWNER

BY:

NAME:

TITLE:

ATTEST:

TITLE: (SEAL)

CONTRACTOR

NAME: .

Title

TITLE: (SEAL)

F-1

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

a hereinafter called "PRINCIPAL", and (Corporation, Partnership, Limited Liability Company or Individual) hereinafter called "SURETY", are held and firmly bound unto the ____________________________________ hereinafter called

"OWNER" in the penal sum of

Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain Contract with the OWNER, dated the day of , 20___, a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the Original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the SURETY and during the one year guaranty period and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER of all of outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said SURETY for value received hereby stipulates and sees that no change, extension of time, alteration or addition to the terms of the Contract or to the WORK to be performed hereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the loans of this Contract or to the WORK or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may not yet be satisfied.

F-2

WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each of which shall be deemed an original, this the day of , 20___.

(Principal) Secretary (Principal)

(SEAL) By

(Address)

Witness as to Principal

(Surety)

By Attorney-in-Fact

Witness as to Surety (Address)

NOTE: Date of BOND must not be prior to date of CONTRACT. If

CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury

Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

G-1

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

a hereinafter called "PRINCIPAL", and (Corporation, Partnership, Limited Liability Company or Individual) hereinafter called "SURETY", are held and firmly bound unto the ____________________________________ hereinafter called "OWNER" in the penal sum of

Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain Contract with the OWNER, dated the day of , 20___, a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the PRINCIPAL shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY for value received hereby stipulates and sees that no change, extension of time, alteration or addition to the terms of the Contract or to the WORK to be performed hereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the loans of this Contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may not yet be satisfied.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may not yet be satisfied.

G-2

WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each of which shall be deemed an original, this the day of , 20___.

(Principal) Secretary (Principal)

(SEAL) By

Witness as to Principal

(Surety)

By Attorney-in-Fact

Witness as to Surety (Address)

NOTE: Date of BOND must not be prior to date of CONTRACT. If

CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury

Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

H-1

CERTIFICATE OF SUFFICIENCY

I, , Chief Legal Officer for the City of Jackson do hereby certify that I have examined the agreement, contract bonds and evidence of insurance offered by the Contractor and I am of the opinion that each of the aforesaid documents is adequate and sufficient and has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said documents on behalf of the respective parties named thereon; and that the foregoing documents constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof.

(Signature)

Name:

Date:

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