7-Oyster Bay Specs Contract Docs and General Conditions.pdf

Oyster Bay Restoration

CONTRACTUAL DOCUMENTS, GENERAL CONDITIONS,

SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS,

AND INSTRUCTION TO BIDDERS

FOR

OYSTER BAY RESTORATION PROJECT

ADCNR GRANT B2F1-OBMR

FAIN GT1CP23AL0003-01-01

CITY OF GULF SHORES, ALABAMA

JULY 2026

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TABLE OF CONTENTS

Page No.

INVITATION FOR BIDS

INSTRUCTIONS TO BIDDERS

PROPOSAL FORM

BID BOND

NOTICE OF AWARD

CONTRACT

NOTICE TO PROCEED

WAIVER AND RELEASE OF LIEN

GENERAL CONDITIONS

APPENDICES

A. TECHNICAL SPECIFICATIONS

B. PERMIT

C. PLANS & SPECS

D. RESTORE REQUIRED ATTACHMENTS

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INVITATION FOR BIDS

NOTICE TO CONTRACTORS

OYSTER BAY RESTORATION PROJECT

CULVERT INSTALLATION

CITY OF GULF SHORES

BALDWIN COUNTY, ALABAMA

Sealed bids will be received by the city of Gulf Shores, at the city hall, until 10:00 A.M., Thursday, July 23, 2026, and at that time publicly opened for construction of the following:

OYSTER BAY RESTORATION PROJECT- ADCNR B2F1-OBMR

A non-mandatory pre-bid meeting will be held at city hall at 10:00 a.m. on July 16, 2026.

All prospective bidders are encouraged to attend.

The principal items of work are approximately as follows:

Installation of three (3)-eight foot (8’) by four foot (4’) precast concrete box culverts under

Waterway West BLVD in Gulf Shores, associated road and safety improvements, and the cleaning and modifications of four (4) existing drainage structures.

The entire project shall be completed in 180 working days.

Contract Documents and specifications are available for download from the City’s Bonfire

Bidding Procurement Portal:

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

A cashier’s check (drawn on an Alabama bank) or bid bond for 5% of the amount bid and made payable to city of gulf shores must accompany each bid as evidence of good faith. The

Contractor will be required to obtain a business license from the City to operate within the

Corporate Limits.

It is not required that a contractor be licensed in order to submit a bid; however, prior to award of a contract, proper proof of all applicable licensures must be provided by the contractor. Proof of insurance coverages of the types and amounts as set forth in the project specifications will be required of the contractor, and any and all subcontractors, prior to beginning work. The contractor will be required to perform work amounting to at least 30% of the total contract cost with his own organization.

Sealed bids are to be submitted via the Bonfire Bidding Procurement Portal. Contact Shelby

DeBlieux at (251) 968-1443 or sdeblieux@gulfshoresal.gov with any general bidding questions.

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

The lowest responsive, responsible Bid will be accepted with key consideration based upon the benefit to the public. However, the City of Gulf Shores, Alabama, reserves the right to reject any and all Bids, to waive any irregularity in the Bids received, and to accept or reject any items of

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INVITATION FOR BIDS

NOTICE TO CONTRACTORS

OYSTER BAY RESTORATION PROJECT

CULVERT INSTALLATION

CITY OF GULF SHORES

BALDWIN COUNTY, ALABAMA

the Bid for the benefit of the public. No conditional Bids will be accepted. No Bid may be withdrawn for a period of ninety (90) days after the scheduled closing date and time for the receipt of Bids.

Contractor prequalification is not required to bid on this project. However, the award of the contract will not be made to any bidder who, at the time of the award, is considered by the Alabama Department of Transportation (ALDOT) to be disqualified from bidding, nor to any bidder who is an affiliate of or has a corporate officer, director, or principal owner who is a corporate officer, director, or owner of, another person who is presently disqualified by ALDOT.

This is a federally funded RESTORE project through ADCNR. The proposed work shall be performed in conformity with the rules and regulations for carrying out the federal RESTORE Act and other acts amendatory, supplementary, or relative thereto.

Any contract awarded under this Invitation for Bids may be paid for in whole or in part with grant funding from the the Gulf Coast Ecosystem Restoration Council (“RESTORE Council”), and the Alabama Department of Conservation and Natural Resources (“ADCNR”) under the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act). Any contract resulting from this solicitation will be subject to the terms and conditions of the funding award, the Gulf Coast Ecosystem Restoration Council Financial Assistance Standard Terms and Conditions and Program-Specific Terms and Conditions, the Standard Sub-Award Terms and Conditions, the RESTORE Act, 33 U. S. C. 1321(t), Treasury Regulations 31 C. F. R. § 34 et seq., including 31 C. F. R. §§ 34, Subpart E, all applicable terms and conditions in 2 C. F. R. Part 200 (including Appendix II to Part 200), and all other OMB circulars, executive orders or other federal laws or regulations, as applicable. Notwithstanding the above, neither ADCNR, nor the RESTORE Council or any of their agents, representatives, or employees, is or will be a party to this Invitation for Bids or any resulting contract. Further, any contractor awarded a contract under this Invitation for Bids shall not be deemed to be an agent, representative, employee or servant of ADCNR, Treasury or the RESTORE Council.

Minority and women’s business enterprises are solicited to bid on this contract as prime contractors and are encouraged to make inquiries regarding potential subcontracting opportunities and equipment, material and/or supply needs. All bidders must make positive efforts to use small and minority owned business (MBE) and women business enterprises (WBE) in accordance with 2 CFR 200.321.

The right to reject any or all bids and to disregard any minor irregularities is reserved.

Honorable Robert Craft Mayor

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INSTRUCTIONS TO BIDDERS

1. BID FORMS

A complete set of Bidding Documents is included herein.

2. EXAMINATION OF DOCUMENTS AND PROJECT SITE

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

B. Direct inquiries and questions to the Capital Program Director in writing at ccolvin@gulfshoresal.gov.

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

3. INTERPRETATIONS AND ADDENDA

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

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

C. Addenda will be faxed or emailed to each bidder. Addenda shall become part of the contract and all bidders must acknowledge receipt of Addenda on their bid form or their bid will be rejected. Bidders shall be bound by ALL Addenda.

4. MODIFICATIONS AND WITHDRAWAL OF BIDS

A. Bids may not be modified after submittal.

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

C. No Bidder may withdraw his Bid for a period of ninety (90) days after date set for opening thereof, and all Bids shall be subject to acceptance by the OWNER during this period.

5. MANDATORY PRE-BID CONFERENCE

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

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6. AWARD OF CONTRACT

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

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

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

7. PRE-QUALIFICATION OF CONTRACTORS

Contractor prequalification is not required to bid on this project. However, the award of the contract will not be made to any bidder who, at the time of the award, is considered by the Alabama Department of Transportation (ALDOT) to be disqualified from bidding, nor to any bidder who is an affiliate of or has a corporate officer, director, or principal owner who is a corporate officer, director, or owner of, another person who is presently disqualified by ALDOT.

8. EXECUTION OF CONTRACT

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

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

B. The Contractor shall commence work within ten (10) days following receipt of the Notice to Proceed or on a date stipulated in the authorization to proceed.

9. LAWS AND REGULATIONS

The Contractor’s attention is directed to the fact that all applicable State laws, Municipal Ordinances and the Rules and Regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout and they will be deemed to be included in the contract the same as though herein written out in full.

10. ALABAMA LICENSED CONTRACTOR

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

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11. BID BOND

All bids in excess of Fifty Thousand Dollars ($50,000) shall require a bid bond equal to 5% of contract amount. Bid bond must be valid for 90 days after bid opening. Bid bonds will be returned by the OWNER after the contract has been awarded.

12. PERFORMANCE BOND

A performance bond for 100% of the contract amount is required by 2 CFR 200.326 (b).

The Contractor shall obtain a performance bond equal to 100% of contract amount and shall be provided within ten (10) days of Notice of Award.

13. LABOR & MATERIALS BOND

If the winning bid is in excess of Fifty Thousand Dollars ($50,000), the Contractor shall obtain a Labor & Materials Payment Bond equal to 100% of contract amount and shall be provided within ten (10) days of Notice of Award. The bond shall include payment of reasonable attorney’s fees incurred by successful claimants in civil actions.

14. COMPLETION DATE

Upon receipt of the Notice to Proceed, the Contractor shall commence the work within ten (10) days from the Date of the Notice and shall complete the work within One Hundred Eighty (180) calendar days from the date of the Notice.

15. LIQUIDATED DAMAGES

A. Deduction at the rate of Three Hundred Dollars ($500.00) per day shall be made from the total Contract price for each and every calendar day beyond the one hundred eighty (180) days from the date of Notice to Proceed that the work remains not satisfactorily completed.

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

16. COMPLIANCE WITH IMMIGRATION AND NATIONALITY ACT

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

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

17. INFORMATION FOR BIDDERS RELATED TO RESTORE ACT FUNDING

Any contract awarded under this Invitation for Bids may be paid for in whole or in part with grant funding from the Gulf Coast Ecosystem Restoration Council (“RESTORE Council”, also “Council”) and the Alabama Department of Conservation and Natural Resources (“ADCNR”) under the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act). Any contract resulting from this solicitation will be subject to the terms and conditions of the funding award, the RESTORE Council Financial Assistance Standard Terms and Conditions, including any Special Award Conditions, the Standard Sub-Award Terms and Conditions, the RESTORE Act, 33 U. S. C. 1321(t) et seq., the U.S. Department of the Treasury Regulations 31 C. F. R. § 34 et seq., including 31 C. F. R. §§ 34, Subpart E, all applicable terms and conditions in 2 C. F. R. Part 200 of the Office of Management and Budget (“OMB”) Uniform Guidance for Grants and Cooperative Agreements, as amended, (including Appendix II to Part 200), and all other OMB circulars, executive orders or other federal laws or regulations, as applicable. Notwithstanding the above, neither ADCNR nor the RESTORE Council, or any of their agents, representatives, or employees, is or will be a party to this Invitation for Bids or any resulting contract. Further, any contractor awarded a contract under this Invitation for Bids shall not be deemed to be an agent, representative, employee or servant of ADCNR or the RESTORE Council.

Minority and women’s business enterprises are solicited to bid on this contract as prime contractors and are encouraged to make inquiries regarding potential subcontracting opportunities and equipment, material and/or supply needs.

All bidders must make positive efforts to use small and minority owned business and women business enterprises.

18. DEBARMENT AND SUSPENSION

This contract and all lower-tier subcontracts will be covered by 31 C.F.R. Part 19. All bidders MUST register with SAM.gov to obtain a Unique Entity Identifier (UEI). The Owner will use SAM.gov to confirm the bidder’s debarment and suspension status. The contractor and each subcontractor will also be required to register with SAM.gov and obtain a UEI prior to beginning work on this project. IT IS THE PRIME

CONTRACTOR’S RESPONSIBILITY TO CONFIRM THAT NO

SUBCONTRACTORS (OR THEIR PRINCIPALS) ARE ON THE EXCLUDED

PARTIES LIST FOUND AT SAM.GOV."

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19. BYRD ANTI-LOBBYING AMENDMENT (31 USC 1352)

Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

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REQUIREMENTS FOR CONTRACTS AND PURCHASES

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

1. Perform a service;

2. Perform work;

3. Provide a product;

4. Accept a grant; and/or

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

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

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

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

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

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

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

COMPLETED AFFIDAVIT MUST BE RETURNED IN SEALED BID.

mailto:sdeblieux@gulfshoresal.gov

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APPENDIX A

AFFIDAVIT OF CONTRACTOR OR DIRECT VENDOR

State of _______________ County of _____________

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

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

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

(ATTACH DOCUMENTATION ESTABLISHING THAT BUSINESS

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

PROGRAM)

Signature of Affiant

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

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

Signature and Seal of Notary Public

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APPENDIX B

AFFIDAVIT FOR SUBCONTRACTOR

State of _______________ County of _____________

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

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

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

(ATTACH DOCUMENTATION ESTABLISHING THAT BUSINESS

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

PROGRAM)

Signature of Affiant

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

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

Signature and Seal of Notary Public

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PROPOSAL FORM

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

BIDDER: _______________________________

OWNERS: City of Gulf Shores, Alabama

PROJECT: Oyster Bay Restoration

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

Bid Item Description Quantity Unit Unit Price Extended Price

001-A Pre-Construction Hazard Survey 1 LS

600-A Mobilization and Demobilization 1 LS

002-A Performance and Labor & Materials Bonds 1 LS

201-A Clearing and Grubbing 1 AC

534-E

Cleaning Existing Culvert (less than or equal to 48" horizontal opening) 160 LF

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206-D Removing Pipe 28 LF

214-A Structure Excavation 200 CY

214-B Foundation Backfill, Commercial 40 CY

524-A Culvert Concrete (Precast) 99 LF

620-A Minor Structure Concrete 140 CY

231-A Roadbed Stabilizing Material, LBR 40 410 CY

301-A Aggregate Base Course, Type A, Plant Mixed, 8 inches 1170 SY

401-A Bituminous Treatment, Type A (Prime Coat) 1120 SY

405-A Tack Coat 115 Gal

424-A

Superpave Bituminous Concrete Wearing Surface, 3/8" Maximum Aggregate Size Mix, ESAL Range C/D (3 inches) 195 Ton

701-A Broken Yellow, Class 2, Type A Traffic Stripe 0.095 Mile

630-B Aluminum Beam Guardrail, Class A 940 LF

630-C (003) Guardrail End Anchor, Type 13 12 EA

630-C (080) Guardrail End Anchor, Type 20 Series 4 EA

Temporary Soil Erosion and Sediment Control 1 LS

Traffic Control Devices for Construction Zones 1 LS

640-A Underground Utility Adjustment (Communication) 400 LF

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003-A Record Documents 1 LS

Bid Total

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

Name of Bidder

Address

Telephone/Fax Number

Email Address

Corporate Seal AL Contractor License No.

Unique Entity ID (UEI) Number

Witness Signature

Date Title

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BID BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT ________________________________________________________________________

(Name of Contractor)

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

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

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

Oyster Bay Restoration

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

SIGNED, SEALED AND DELIVERED ___________________________________________

(Date)

Witness as to Principal:

(Name of Contracting Firm)

By: ___________________________________________

Title: __________________________________________

____________________________ (Name of Surety)

By: ___________________________________________

Title: _________________________________________

BIDS WILL NOT BE CONSIDERED

UNLESS BID BOND IS SIGNED BY

PRINCIPAL AND SURETY, OR IN

LIEU THEREOF, A CERTIFIED

CHECK MUST ACCOMPANY THE

PROPOSAL

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PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That we _______________________________

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

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

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

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

Executed in two (2) counterparts.

Witness: By:

Countersigned:

(Resident Agent)

BONDING COMPANY:

ADDRESS:

COMPANY

ADDRESS

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LABOR AND MATERIAL BOND

KNOW ALL MEN BY THESE PRESENTS: That we, _______________________________

_____________________________________, as Principal, and ________________________

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

WHEREAS, said Principal has entered into a certain contract with said OWNER, dated ________________ (hereinafter called the Contract) for the Oyster Bay Restoration, for which Contract and the Plans and Specifications for said work shall be deemed a part hereof as fully as if set out herein.

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

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

b. The principal and Surety hereby designate and appoint ___________________________

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

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

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

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

Executed in two (2) counterparts.

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

Witness: By:_________________________________

Countersigned:

(Resident Agent)

BONDING COMPANY:

ADDRESS:

COMPANY

ADDRESS

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NOTICE OF AWARD

DATED:

TO:

PROJECT: Oyster Bay Restoration

You have been awarded a contract for Oyster Bay Restoration.

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

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

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

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

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

CITY OF GULF SHORES (OWNER)

By: ______________________________________ Clint Colvin, Capital Projects Director

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CONTRACT

THIS AGREEMENT, made and entered into the _____ day of ____________, 2025, at Gulf

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

WITNESSETH;

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

1. That the Contractor shall perform all of the work in a satisfactory manner in accordance with the plans and specifications, Bid requirements and conditions, the RESTORE Required Attachments, the Invitation to Bid, the Instruction to Bidders, and any other applicable documents (i.e. general conditions, ALDOT specs, etc.) which are attached hereto and made a part hereof as if fully contained herein, for Oyster Bay Restoration.

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

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

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

4. Estimates of work completed shall be made by the Contractor each month and submitted to the OWNER. Within thirty (30) calendar days after submittal by the Contractor, the OWNER shall make partial payments to the Contractor on the basis of the estimate of work, duly certified and approved by the City Construction Manager, and performed during the preceding calendar month by the Contractor, less five percent (5%) of the amount of such estimate which is to be retained by the OWNER until all work (100%) has been satisfactorily completed in accordance with this agreement.

5. Upon substantial completion and inspection of all work covered by this agreement, payment of the Contract sum shall be made within thirty (30) calendar days, less retainage. Said retainage shall be retained until: 1) Submission by the Contractor of evidence satisfactory to the OWNER that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full including a Waiver and Release of Lien on the form included in the Contract Documents; 2) Legal notice of advertisement of completion has been advertised four (4) consecutive weeks in

Oyster Bay Restoration 22 some newspaper of general circulation in Baldwin County, Alabama, as approved by the OWNER; 3) Final inspection by the City Construction Manager and final acceptance of the work by the OWNER.

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

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

Failure to complete the work within the allotted Contract time will cause loss to the

OWNER in administrative, engineering, inspection, interest, and supervision charges.

Therefore, any overrun in the Contract time, which in the opinion of the City Contract Manager is caused by undue delay, shall be charged to the Contractor at $500.00 per day and deducted from the final payment.

8. The OWNER reserves the right to terminate the contract upon written notice to the

Contractor at least ten (10) days prior to said termination. In the event that the Contract is terminated, the Contractor will be compensated in accordance with the bid items of the Contract and its attachment for all approved work in place.

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

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

(Corporate Seal) ________________________________ (Contractor)

By: ________________________________ Its ____________________ Attest: __________________________ Its ____________________

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

By: _________________________________ Robert Craft, Mayor

Attest: ____________________________________ Tobi Waters, City Clerk

Oyster Bay Restoration 23

NOTICE TO PROCEED

TO: DATE: __________________

PROJECT: Oyster Bay Restoration

You are hereby notified to commence work in accordance with the Agreement dated _________, 20__, on or before ______________, 20__. You are to complete the work within one hundred eighty (180) consecutive calendar days, or by ______________, 20__.

City of Gulf Shores, Alabama (OWNER)

By ________________________________

ACCEPTANCE OF NOTICE

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

By: ____________________________

Oyster Bay Restoration 24

WAIVER AND RELEASE OF LIEN

FROM:

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

PROJECT NAME: Oyster Bay Restoration

KNOW ALL MEN BY THESE PRESENTS:

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

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

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

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

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

STATE OF ALABAMA

COUNTY OF BALDWIN

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

NOTARY PUBLIC

Oyster Bay Restoration 25

GENERAL CONDITIONS

1. OWNER

The OWNER for Oyster Bay Restoration is the City of Gulf Shores, Alabama. The mailing address for the OWNER is Post Office Box 299, Gulf Shores, Alabama 36547.

2. LOCAL LICENSE REQUIREMENT

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

The prime contractor and all subcontractors will be required to provide a Unique Entity ID (UEI) number and have an active registration on sam.gov.

3. CONTRACT DOCUMENTS

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

4. PAYMENTS AND COMPLETION

Once in each month, the Contractor may submit an Application for Payment for completed work in place on the enclosed form. Payment, less five percent (5%) retainage, shall be made to the Contractor within thirty (30) days of receipt and approval of Application for Payment.

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

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

5. INSURANCE REQUIREMENTS

Contractor agrees, at its sole expense, to maintain on a primary and non-contributory basis during the life of this Contract, or the performance of Work hereunder, insurance coverages, limits, and endorsements as set out below. Contractor agrees to obtain Commercial General Liability, Business Auto Liability, Contractor’s Pollution Legal Liability, Inland Marine Builder’s Risk Insurance, Worker’s Compensation, and Commercial Umbrella/Excess Liability before starting the work. Contractor also agrees to undertake the obligation to insure that all subcontractors abide by these same insurance requirements.

The Contractor agrees the insurance requirements herein as well as City’s review or acknowledgment is not intended to and shall not in any manner limit or qualify the

Oyster Bay Restoration 26 liabilities and obligations assumed by the Contractor under this Contract. A copy of the policy shall be provided upon request.

Commercial General Liability Contractor agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence, $2,000,000 Annual Aggregate. Contractor agrees its coverage will not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, X-C-U Coverage, Contractual Liability, Personal Injury and Advertising Injury, Independent Contractors, or Cross Liability.

Business Automobile Liability Contractor agrees to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence. Coverage shall include liability for Owned, Non- Owned, and Hired Automobiles.

Contractor’s Pollution Legal Liability Contractor agrees to maintain Contractor’s Pollution Legal Liability at a limit of liability not less than $1,000,000 Each Occurrence, $2,000,000 Annual Aggregate. The Contractor agrees the policy shall include a minimum three year Discovery (tail) reporting period, and a Retroactive Date that equals or precedes the effective date of the Contract, or the performance of Work hereunder. This coverage may be provided on a Per-Project Basis.

Inland Marine Builder’s Risk Insurance The Contractor, prior to notice to proceed or commencement of Work, whichever occurs first, agrees to maintain an Inland Marine Builder’s Risk Insurance Coverage Form providing coverage to protect the interest of the City, Contractor, subcontractors, and property on or off-premises, which shall become part of the Work.

Coverage shall be written on a Replacement Cost, and Completed Value Form basis in an amount at least equal to one hundred percent (100%) of the ultimate projected completed value of the Work. This policy shall also include Delay Cost coverage for soft costs, which shall at a minimum include additional expenses for interest, legal, consulting, insurance, architectural and engineering, Contractor’s overhead and general conditions, and equipment rental. The period of indemnity shall not be less than twelve (12) months and the limit of Delay Cost coverage not be less than ten percent (10%) of the projected completed value of the Work and shall be a scheduled limit on the policy in addition to a scheduled limit for the hard cost coverage. The waiting period for Delay Cost coverage may not exceed thirty (30) days. Collectively, the scheduled soft cost limit and hard cost limit may equal one hundred percent (100%) of the projected value of the Work, unless the builder’s risk carrier requires the Delay Cost coverage to be in addition to the one hundred percent (100%) projected value of the Work.

The Contractor agrees to endorse the Inland Marine Builder’s Risk insurance with a manuscript endorsement eliminating the automatic termination of coverage in the event the building is occupied in whole or in part, or put to its intended use, or partially accepted by City. The manuscript endorsement shall amend the automatic termination clause to only terminate coverage if the policy expires, is cancelled, the City’s interest in the building ceases, or the building is accepted or insured by the City.

Worker’s Compensation & Employer’s Liability Regardless of any “minimum requirements” of the State of Alabama, Contractor shall obtain Worker’s Compensation insurance covering all workers involved in the Work.

Oyster Bay Restoration 27

(Note: Elective exemptions or coverage through an employee leasing arrangement will violate this requirement.) Subcontractor shall also obtain Employer’s Liability insurance with minimum limits of $1,000,000 Each Accident, $1,000,000 Disease Policy Limit, and $1,000,000 Each Employee.

Commercial Umbrella/Excess Liability Contractor agrees to maintain either a Commercial Umbrella or Excess Liability at a limit of liability not less than $5,000,000 Each Occurrence, $5,000,000 Aggregate. The Contractor agrees to endorse the City as an “Additional Insured” on the Commercial Umbrella/Excess Liability, unless the Commercial Umbrella/Excess Liability provides coverage on a pure/true follow-form basis, or the City is automatically defined as an Additional Protected Person.

Additional Insured Endorsements The Contractor agrees to endorse the City as an Additional Insured on the Commercial General Liability with the following Additional Insured endorsement, or similar endorsement providing equal or broader Additional Insured coverage:

• CG2010 10 01 – Additional Insured; OWNERs, Lessees, or Contractors,

• CG2010 07 04 – Additional Insured; OWNERs, Lessees, or Contractors; Scheduled

Person or Organization endorsement in combination with the additional endorsement of CG2037 10 01 – Additional Insured; OWNERs, Lessees, or Contractors

Completed Operations shall be required to provide back coverage for the Contractor’s “your work” as defined in the policy and liability arising out of the products-completed operations hazard. (Attach an actual copy of the endorsement(s) – Contact your insurance agent.) The name of the organization endorsed as Additional Insured for all endorsement shall read “City of Gulf Shores.”

Deductibles, Coinsurance Penalties & Self-Insured-Retention Contractor agrees to be fully and solely responsible for any deductible, coinsurance penalty, or self-insured retention expenses; including any loss not covered because of coinsurance penalty, or coverage exclusion or limitation. The Contractor agrees any Self- Insured-Retention or deductible shall not exceed $25,000. For deductible amounts that exceed this amount, the Contract agrees, when requested by City, to maintain a Commercial Surety Bond in an amount equal to said deductible amount.

Waiver of Subrogation Contractor agrees by entering into this written Contract to a Waiver of Subrogation in favor of the City. If a policy prohibits waiving subrogation rights without an endorsement, the Contractor agrees to endorse it with a Waiver of Transfer of Rights of Recovery Against Others, or an equivalent endorsement. This Waiver of Subrogation requirement shall not apply to any policy which voids coverage if subrogation is waived.

Right to Revise or Reject The City reserves the right to revise any insurance requirement based on insurance market conditions affecting the availability or affordability of coverage; or changes in the scope of work/specifications affecting the applicability of coverage. Additionally, the City reserves the right, but not the obligation, to review and reject and insurance policies failing to meet the criteria stated herein, or any insurer(s) providing coverage, due to its poor financial condition or failure to operate legally in the State of Alabama. In such events, City shall provide Contractor written notice of such revisions or rejections.

Oyster Bay Restoration 28

Certificate of Insurance Contractor agrees to provide City a Certificate of Insurance evidencing the above coverages. If the Contractor receives a non-renewal or cancellation or other material change notice from an insurance carrier affording coverage…