Mississippi Department of Marine Resources

SOLICITATION: Invitation for Bids

SOLICITATION NUMBER:

3160007842

GBNERR Savanna Boardwalk Replacement

January 22, 2026

1716 A J Holloway Dr.

Biloxi, Mississippi 39532

Rick Kinnard

(228) 523-4147 procurement@dmr.ms.gov

February 24, 2026 @ 2:00 p.m.

DESCRIPTION:

ISSUE DATE:

BID CLOSING LOCATION:

BID COORDINATOR:

CLOSING DATE AND TIME:

mailto:procurement@dmr.ms.gov

TABLE OF CONTENTS

INVITATION FOR BIDS ............................................................................ INVITATION FOR BIDS ATTACHMENT A ............................................................................. LIST OF PRIOR EXPERIENCE ATTACHMENT B ............................................................... MAP OF PROPOSED PROJECT AREA ATTACHMENT C ........................................................... BIDDER STATEMENT OF COMPLIANCE ATTACHMENT D ........................................................................................................BID FORM ATTACHMENT E ............................................................................. INSTRUCTIONS FOR MAGIC ATTACHMENT F ................................................. MDMR CONTRACT TERMS AND CONDITIONS ATTACHMENT G ........................ MISS. CODE ANN. § 31-5-33 & MISS. CODE ANN. § 31-7-305

SECTION 00 52 15 ................................................................................................. AGREEMENT SECTION 01 20 00 ............................................ MEASUREMENT AND PAYMENT PROCEDURES SECTION 01 29 00 ............................................................................... PAYMENT PROCEDURES SECTION 01 29 73 .................................................................................. SCHEDULE OF VALUES SECTION 01 31 00 ........................................... PROJECT MANAGEMENT AND COORDINATION SECTION 01 32 00 ........................................... CONSTRUCTION PROGRESS DOCUMENTATION SECTION 01 32 23 ....................................................................... SURVEYS AND LAYOUT DATA SECTION 01 32 33 .............................................................PHOTOGRAPHIC DOCUMENTATION SECTION 01 33 00 ............................................................................ SUBMITTAL PROCEDURES SECTION 01 35 29 .............................. SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS SECTION 01 35 43 ................................................................... ENVIRONMENTAL PROTECTION SECTION 01 40 00 ................................................................ CONTRACTOR QUALITY CONTROL SECTION 01 77 00 .............................................................................. CLOSEOUT PROCEDURES

INVITATION FOR BIDS

Project: MDMR – GBNERR Savanna Boardwalk Replacement

Contracting Agency: Mississippi Department of Marine Resources

To: Prospective Bidders

1.0 PURPOSE AND STATEMENT OF WORK

The Mississippi Department of Marine Resources (“MDMR”, “Agency”, or “State”) is seeking sealed bids for the project “GBNERR Savanna Boardwalk Replacement” (the “Project”).

This Project is solicited by MDMR to replace the Savanna Trail Boardwalk at the Grand Bay National Estuarine Research Reserve (GBNERR) in Moss Point, MS.

The Project requirements are detailed in this Invitation for Bids and the Contract Documents. The Contract Documents include the Section 00 52 15 Agreement, the MDMR Standard Contract Terms and Conditions (Attachment F), the scope of work, and this Invitation for Bids (including Attachments A through G), together with any addendum that may be issued through the solicitation process. Following award of the Contract, the Contract Documents will also include the Contractor’s Bid, the Notice of Award, the Notice to Proceed, the insurance certificates and endorsements required for this Project, and any addenda, Change Orders or modifications that may be issued. The Section 00 52 15 Agreement may be referred to as the “Agreement” or the “Contract” throughout the Contract Documents.

MDMR is seeking bidders with qualifications, experience, equipment, and labor for the work detailed herein. The selected bidder shall complete all work as specified in the Contract Documents as defined in Article 1 of the Section 00 52 15 Agreement (“Work”).

The Contract will be awarded to the lowest responsible/responsive bidder whose bid meets the requirements and criteria set forth in this Invitation for Bids. The “lowest responsible/responsive bidder” is the one who supplies the lowest price for the Work as specified on the Bid Form attached hereto as Attachment “D” and meets all requirements of Section 2.7, Minimum Bid Requirements, and Section 2.10, Standards of Responsibility. MDMR reserves the right to accept or reject any or all bids. Alternates may be awarded as funding allows. The successful bidder shall have prior experience in construction projects and shall list that experience in Attachment A, List of Prior Experience.

The Contract Documents may be examined at the office of the Mississippi Department of Marine Resources, Attn: Rick Kinnard, 1716 AJ Holloway Dr, Biloxi, MS 39532.

To obtain a downloadable copy of the Contract Documents for this Project, please visit https://dmr.ms.gov/category/current-procurement-feed/, email procurement@dmr.ms.gov, or call Rick Kinnard at (228)523-4147.

If the funds anticipated for this Project are, at any time, not forthcoming or insufficient, MDMR reserves the right to terminate the Project and to not award a contract or to discontinue the Project, without damage, penalty, cost, or expense to MDMR of any kind whatsoever.

2.0 SUBMISSION INSTRUCTIONS, REQUIREMENTS, CONDITIONS, DEADLINES AND

NOTICES FOR BIDS

2.1. Issuing Office

This Invitation for Bids is issued for the State of Mississippi by MDMR. MDMR reserves the right, without qualifications to reject all bids not meeting minimum requirements and to exercise its discretion and apply its judgment with respect to any bid submitted.

2.2. Pre-Bid Meeting

An optional Pre-Bid Meeting will be held at 10:00 a.m., 2/10/2026 at 6005 Bayou Heron Rd., Moss Point, MS 39562. The purpose of the pre-bid meeting is to allow potential bidders an opportunity to present questions to staff and obtain clarification of the procurement requirements.

While attendance at the Pre-Bid Meeting is not a mandatory requirement for submitting a bid, all Contractors are strongly urged to attend to gain a full working knowledge and understanding of the requirements of this project.

2.3. Deadline

All bids must be received by MDMR no later than 2:00 p.m. 2/24/2026. All bids received after the deadline will be returned unopened. If a bid is to be mailed, bidders should use certified mail with a return receipt guaranteed. MDMR will not be responsible for mail delays or lost mail.

Bids must be labeled as follows:

Bids will be opened in the presence of two (2) or more procurement officials. All written bids shall be recorded and maintained as a public record. Bids will be opened publicly and read aloud at 2:00 p.m., 2/24/2026, at the MDMR office located at 1716 AJ Holloway Dr., Procurement Office, Biloxi, Mississippi 39532.

2.4. Force Majeure Event

If MDMR is closed for any reason, including but not limited to: Acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, earthquakes, hurricanes, tropical storms, floods, or other natural disasters (the “Force Majeure Events”), which closure prevents the delivery of Bids by the advertised deadline, the bid submission deadline shall take place the next business day that MDMR shall be open and at the previously advertised time. The new date and time of the bid submission deadline, as determined in accordance with this section, shall not be advertised, and all bidders, upon submission of a bid submission, shall be deemed to have knowledge of and shall have agreed to the provisions of this section. Bids shall be received by MDMR until the new date and time of the bid deadline as set forth herein. MDMR shall not be held responsible for the receipt of any bids for which the delivery was attempted and failed due to the closure of MDMR as a result of a Force Majeure Event. Each bidder shall be required to ensure the delivery and receipt of its bid by MDMR prior to the new date and time of the bid submission deadline.

2.5. Nonresident Bidder

In accordance with Miss. Code Ann. § 31-3-21(3), in the letting of public contracts, preference shall be given to resident bidders, and 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

MDMR – GBNERR SAVANNA TRAIL BOARDWALK

Mississippi Department of Marine Resources Attention: Rick Kinnard 1716 AJ Holloway Dr.

Biloxi, MS 39532

Bidder’s name:

Bidder’s legal address:

Bid for Solicitation #:

Certificate of Responsibility No.

SEALED BID – DO NOT OPEN

bidder's state awards contracts to Mississippi contractors bidding under similar circumstances; and resident bidders 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. When a nonresident bidder submits a bid for a public project, he shall attach thereto a copy of his resident state's current law pertaining to such state's treatment of nonresident contractors. Any bid submitted by a nonresident bidder which does not include the nonresident contractor's current state law shall be rejected and not considered for award. In order to clarify that no law exists, the bidder will include with the bid a statement on letterhead and signed by the same person who signs the Bid Form stating that no preference laws exist in that state.

2.6. Magic

Effective July 1, 2014, the State of Mississippi requires vendors to register in Mississippi's Accountability System for Government Information and Collaboration (“MAGIC”) for the State to execute a contract and/or pay for services/products. (See Attachment E).

2.7. Minimum Bid Requirements

Bids shall contain the following minimum information:

A. One (1) original and 2 copies shall be submitted along with one pdf copy on a flash drive.

B. Fully completed and/or executed copies of Attachments A, C, and D, attached hereto.

C. The written information for a responsibility determination in accordance with Section 2.10, Standards of Responsibility, in this Invitation for Bids.

D. A copy of bidder’s current Certificate of Responsibility (commercial license) issued by the State of Mississippi for the type of work to be performed under this Invitation for Bids, pursuant to Miss Code Ann. § 31-3-21(1) and (2). The Certificate of Responsibility number must appear on the exterior of the bid envelope.

E. A copy of the bidder’s current Certificate of Good Standing from the Mississippi Secretary of State.

F. If the bidder is a non-resident contractor, a copy of bidder’s current state bidder preference law pertaining to that State’s treatment of non-resident contractors, pursuant to Miss. Code Ann. § 31- 3-21(3) or a statement on letterhead and signed by the same person who signs the Bid Form stating that no preference laws exist in that state. The State of Residency of a contractor shall be the same as the corporate office as reported by the Mississippi Secretary of State’s office.

G. Performance Bond and Bid Security are not required for this project.

2.8. Response to Inquiries

All questions regarding this Invitation to Bids must be submitted in writing to Rick Kinnard via email at procurement@dmr.ms.gov or by mail to 1716 AJ Holloway Dr, Biloxi, MS 39532, Attn: Procurement Office, and must be received by MDMR by 2:00 p.m., CST, 2/12/2026. Questions submitted after this date will not be considered. Bidders shall provide an email address or fax number for MDMR to direct the consolidated “question and answer” document. MDMR answers will be provided in writing and transmitted via email or fax to all prospective bidders who are known to have requested and received a copy of the bid package. Only answers transmitted in this manner will be considered official and valid by MDMR. No negotiations, decisions, or actions shall be initiated by any bidder as a result of any verbal discussion with any State or Agency representative.

2.9. Proprietary Information/Mississippi Public Records Act

Bids will be made available for inspection only after award of the Contract. For this reason, proprietary material should be clearly labeled as such. The classification of an entire bid as proprietary or trade secret is not acceptable and may result in rejection of the bid. Requests to review proprietary information will be handled in accordance with state law and applicable procedures. All disclosures of bid information to interested parties will be made in compliance with MDMR policies and procedures established in accordance with the Mississippi Public Records Act of 1983, Miss. Code Ann. §§ 25-61-1 et seq., and exceptions found in Miss. Code Ann. §§ 25-61-9 and 79-23-1.

2.10. Standards of Responsibility

MDMR will receive bids from firms having specific experience and qualifications in the area identified in this solicitation. For consideration, bids for the project must contain evidence of the firm's experience and abilities in the specified area and other disciplines directly related to the proposed service. Other information required by MDMR may be included elsewhere in the solicitation. Unless otherwise stated, all bidders shall provide references, illustrative examples of similar work performed, and any other information that clearly demonstrates the bidders' expertise in the area of the solicitation.

A selection committee shall review and evaluate all bids. It is therefore important that bidders emphasize specific information pertinent to the work. The contract will be awarded to an experienced applicant that meets or exceeds the qualifications set forth in the IFB. Factors that will be considered in determining whether the Standard of Responsibility has been met include whether a bidder has:

A. A satisfactory record of relevant experience (up to 3 points)

On Attachment A, provide references and contact information for, at a minimum, three (3) previous projects within the past five (5) years of like nature to the Work solicited under this Invitation for Bids. Like nature projects may include the following:

a. Any projects directly related to a similar scope of work as described in this IFB.

B. A commercial working knowledge of the requirements of this Project and how the contractor:

a. Will take safety measures while working. (up to 10 points) C. A satisfactory record of integrity (up to 3 points)

a. Provide, at a minimum, three (3) references and contact information for persons and/or firms familiar with the business integrity of the bidder.

D. A satisfactory record of performance (up to 3 points)

a. Provide a listing of all relevant projects within and around the Southeast for the past three

(3) years and identify the completion dates (scheduled and actual) and whether the project resulted in a positive outcome.

The burden is on the prospective bidder to thoroughly demonstrate its responsibility in the above-listed categories. Any bidder with an overall score of nine (9) points or below, or a score of one (1) point or below in categories A, C and D, or a score of four (4) points or below in Category B, on the above Standards of Responsibility will be deemed non-responsible and will be rejected.

The Contract will be awarded to the lowest responsible/responsive bidder whose bid meets the requirements and criteria set forth in this Invitation for Bids. The “lowest responsible/responsive bidder” is the one who supplies the lowest price for the Work as specified on the Bid Form attached hereto as Attachment “D” and meets all requirements of the Minimum Bid Requirements and the Standards of Responsibility. The MDMR reserves the right to reject any or all bids and to independently verify all of the above, and if necessary, require additional information from bidders. Failure to comply with all the information required in this bid may render the bid non-responsive and may result in its rejection.

2.11. Waiver of Informalities or Rejection of Bids

MDMR may waive any informalities or minor defects or reject any and all bids. Any bid may be rejected in whole or in part when such rejection is determined to be in the best interest of MDMR. Waivers, when granted, shall in no way modify the Invitation for Bids requirements or excuse a party from full compliance with the Invitation for Bids specifications and other requirements if the party is awarded the Contract. Reasons for rejecting a bid include, but are not limited to:

A. Failure to comply with the requirements of the Invitation for Bids and any of its Addenda;

B. Bidder is in arrears on existing contracts with MDMR or another governing authority or state agency;

C. Bidder is, anticipates being, or has been within the last five (5) years in litigation or arbitration with MDMR or another governing authority or a state agency;

D. Bidder has defaulted on a previous contract;

E. The bid contains unauthorized amendments to the requirements of the Invitation for bids;

F. The bid is conditional or qualified;

G. The bid is incomplete or contains irregularities, which make the bid indefinite or ambiguous;

H. The bid is not signed by an authorized representative of the party;

I. The bid contains false or misleading statements or references;

J. The bidder is determined to be non-responsible;

K. The bid ultimately fails to meet the announced requirements of the State in some material aspect;

L. The bid price is clearly unreasonable;

M. The bid is not responsive, i.e., does not conform in all material respects to the Invitation for Bids;

and, N. The work or materials offered in the bid are unacceptable by reason of its failure to meet the requirements of the specifications or permissible alternative or other acceptability criteria set forth in the Invitation for Bids.

2.12. Disposition of Bids

All bids submitted and opened become the property of the State of Mississippi.

2.13. Conditions of the Solicitation

The release of this Invitation of Bids does not constitute an acceptance of any offer, nor does such invitation in any way obligate MDMR to execute a contract with any party. MDMR reserves the right to accept, reject, or negotiate any or all offers on the basis of the evaluation criteria contained within this document. The final decision to execute a contract with any party rests solely with MDMR.

Before preparing the bid, all parties should note:

A. MDMR accepts no responsibility for any expenses incurred by the bidder in the preparation and presentation of a bid. Such expenses shall be borne exclusively by the bidder.

B. The award of a contract for any bid is contingent upon the following:

1. Favorable evaluation of the bid;

2. Availability of funds; and,

3. Approval of the Public Procurement Review Board.

C. Contracted parties will be required to assume full responsibility for all specified services, materials, labor and equipment, and may subcontract only as specified in Attachment F, “MDMR Standard Contract Terms and Conditions,” herein.

2.14. Withdrawal of Bids

Any bid may be withdrawn prior to the above-scheduled time for the submission of bids or authorized postponement thereof. Further, no bidder may withdraw a bid within ninety (90) days after the actual date of the bid opening.

2.15. Bid Modification Requests

Any requests to modify bids must be submitted in writing by the primary bidder. All requests for modification must be submitted prior to the submission deadline for the receipt of the sealed bids.

2.16. Addenda to Bid Specifications

MDMR reserves the right to issue addenda to this Invitation for Bids. If an addendum becomes necessary, MDMR will provide copies of the addendum to all persons known to have requested a copy of the bid package via the MDMR Procurement Office email, mail, or fax.

2.17. Acknowledgement of Addendum

Bidders shall acknowledge receipt of any addendum to the Invitation for Bids and/or the Contract Documents by signing and returning the addendum with the bid and by identifying the addendum number and date in the space provided for this purpose on the Bid Form attached hereto as Attachment “D.” The acknowledgement must be received by MDMR by the time and at the place specified for receipt of sealed bids.

2.18. Information Regarding References

The bidder understands and agrees that MDMR reserves the right to request information from bidder’s references and may contact same.

2.19. Performance, Payment, and Tax Bonds

There are NO bonds required for this project.

2.20. Award of Contract

If MDMR makes an award for the Project, MDMR will do so within ninety (90) days after opening the bids.

Should there be any reason why the Contract cannot be awarded within ninety (90) days after bid opening, the time may be extended by written mutual agreement between MDMR and the successful bidder. The Notice of Award shall be accompanied by the Contract. Actions taken by a bidder prior to final execution of such Contract will be at the bidder’s OWN RISK and MDMR will not be liable for such action. The party to whom the Contract is awarded will be required to execute the Contract within ten (10) calendar days from the date when Notice of Award is delivered to the bidder. In case of failure of the bidder to execute the Contract or submit other required documents, MDMR may award the Contract to the next lowest and best responsible/responsive bidder whose bid meets the requirements and criteria set forth in this Invitation for Bids.

When the Contract is fully executed, an executed duplicate of the Contract shall be returned to the bidder.

Such notice of withdrawal shall be effective upon receipt of the notice by MDMR.

A Notice to Proceed is anticipated to be issued in March 2026.

2.21. Equal Opportunity

Contracts, grants, loans, purchases and all other financial transactions are administered by MDMR equally to all without regard to race, color, creed, sex, religion, national origin, disability, or age. In addition, the bidder understands that MDMR is an equal opportunity employer and maintains a policy that prohibits unlawful discrimination based on race, color, creed, sex, age, national origin, physical handicap, disability, or any other unlawful consideration. During the term of the Contract, the contractor must strictly adhere to this policy in its employment practices and provision of services.

2.22. Applicable Laws

The bidder is responsible for complying with all applicable federal, state, and local laws and regulations.

2.23. Governing Law

This solicitation and any resulting contract shall be governed in all respects by the laws of the State of Mississippi, and any litigation with respect thereto shall be brought in the appropriate state court located in Biloxi, Harrison County, Mississippi.

2.24. Certification of Independent Price Determination

Bidder shall execute, notarize and attach the Bidder Statement of Compliance (Attachment C) to its Bid, certifying that the prices submitted in response to the solicitation have been arrived at independently and without any consultation, communication or agreement (for the purpose of restricting competition) with any other bidder or competitor relating to those prices, the intention to submit a bid, or the methods or factors used to calculate the prices proposed.

2.25. Procurement Regulations

Any resulting contract shall be governed by the applicable provisions of the Public Procurement Review Board regulations.

2.26. Contract Documents

Bidders are advised that this Invitation for Bids, any issued Addenda and related Contract Documents (including the Specifications and Drawings) and their bid, should it be accepted, will become part of the final Contract. In the event of any conflict between the terms appearing in the Contract Documents, the provisions of Article 7 of the Agreement (Section 00 52 15) included in this Invitation for Bids shall apply to resolve the conflict.

3.0 PERIOD OF PERFORMANCE

The period of performance for this Contract (“Contract Time”) shall commence upon issuance of a Notice to Proceed by MDMR. A Notice to Proceed is anticipated to be issued in March 2026. The successful contractor will be allowed until June 30, 2026 to complete all construction activities. The successful contractor must begin work within seven (7) calendar days of any such Notice to Proceed.

4.0 INSURANCE REQUIREMENTS

The successful contractor shall maintain during the time of the Contract the liability insurance coverage required by Section 31 of the MDMR Standard Contract Terms and Conditions, and shall require its subcontractors to maintain said coverage, related to the work of the successful contractor and in connection with the Contract.

5.0 RELATIONSHIP OF PARTIES

All parties expressly understand and agree that MDMR enters into a contract with a contractor based on the work performed pursuant to the Contract and not based on an employer-employee relationship or a joint venture relationship. For all purposes under this Contract: The successful contractor shall not be deemed in any way, directly or indirectly, expressly, or by implication, to be an employee of MDMR.

The successful contractor will be an independent contractor.

6.0 CONTRACT ADMINISTRATION

The Contract awarded subsequent to this solicitation shall be administered by MDMR.

7.0 COMPENSATION

Compensation for the Work performed pursuant to the Contract will be in the form of unit prices and lump sum basis as defined in the Bid Form. Payment Applications may be submitted on a monthly basis in accordance with the Agreement (Section 00 52 15) and an approved schedule of values.

8.0 CONTRACT TERMS AND CONDITIONS

The awarded Contract will include, but is not limited to, the MDMR Standard Contract Terms and Conditions, a copy of which is attached hereto as Attachment F.

9.0 LIST OF ATTACHMENTS AND FORMS

The following are included as attachments to this Invitation for Bids.

Attachment A – List of Prior Experience

Attachment B – Map of Proposed Project Area

Attachment C – Bidder Statement of Compliance

Attachment D – Bid Form

Attachment E – Instructions for MAGIC Attachment F – MDMR Standard Contract Terms and Conditions

Attachment G – A Copy of Miss. Code Ann. §31-5-33 and §31-7-305

Appendix A

ATTACHMENT A – LIST OF PRIOR

EXPERIENCE

A - 1

ATTACHMENT A

List of Prior Experience

The Bidder must complete this Attachment to include its prior experience in the type of work solicited under this Invitation for Bids.

Date Work Performed:

Agency:

Agency Contact Name: _

Agency Contact Phone Number:

Name of Project:

Address of Project:

Scope of Project:

Client Name:

Client Phone Number:

Work Performed by Bidder [ ] or Subcontractor [ ]

If subcontractor, list subcontractor name:

ATTACHMENT A – LIST OF PRIOR

EXPERIENCE

A - 2

ATTACHMENT B – MAP OF PROPOSED PROJECT

AREA

B - 1

ATTACHMENT B

Map of Proposed Project Area

ATTACHMENT C

Bidder Statement of Compliance

State of

County of

I, _______________________________ individually, and in my capacity as ___________________ of _____________________________________________ (Bidder), being first duly sworn, on oath depose and state the following on behalf of the company:

Bidder’s Representation Regarding Contingent Fees

Bidder represents as a part of its Bid that such Bidder has not retained any person or agency on a percentage, commission, brokerage, or other contingent arrangement to secure this Contract.

Bidder’s Non-Collusion Certification

Bidder, and its officers, partners, owners, agents, representatives, employees, suppliers, subcontractors, or parties in interest have not in any way colluded, conspired, or agreed directly or indirectly with any other Bidder, supplier, subcontractor, firm, or person to:

a) Fix prices in the attached Bid or for other Bidders;

b) Fix or make arrangements to restrict land use availability or lease/rental prices for this Bid or for other Bidders; or

c) Fix any overhead, profit or cost elements for this Bid or for other Bidders.

Bidder’s History, Debarment and Suspension Representations

Bidder certifies that Bidder and its corporate officers, principal owners, managers, auditors, and others in a position of administering governmental funds:

a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any governmental department or agency;

b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;

c) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

d) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in b) and c) above; and,

e) Have not within a three-year period preceding this proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

No Conflict of Interest

Bidder further certifies that, to the best of its knowledge and belief, there are no present or currently planned interests (financial, contractual, organizational, or otherwise) relating to the work to be performed under any contract or task order resulting from this Bid that would create any actual or potential conflict of interest (or apparent conflicts of interest) (including conflicts of interest for immediate family members: spouses, parents, children) that would impinge on its ability to render impartial, technically sound, and objective assistance or advice or result in it being given an unfair competitive advantage. In this clause, the term ‘‘potential conflict’’ means reasonably foreseeable conflict of interest. Bidder further certifies that it has and will continue to exercise due diligence in identifying and removing or mitigating, to the State’s satisfaction, such conflict of interest (or apparent conflict of interest). Bidder further certifies that it has no conflict of interest with respect to MDMR or the work to be performed (as set forth in the Invitation for Bids and accompanying Contract Documents).

By submission of this Bid, I have agreed to adhere to all conditions and requirements, as set forth in MDMR’s Invitation for Bids and Contract Documents, including all the terms and conditions in the Contract Documents. I further understand that my failure to comply with all requirements and qualifications will result in disqualification of my Bid relative to this procurement action. I have submitted appropriate documentation and a completed Bid Form as necessary to substantiate the evaluation of my bid. If inadequate, my Bid will not meet the Bid requirements and will be determined to be either non-responsive or non-responsible.

MDMR reserves the right to reject any and/or all bids and to waive any minor informalities.

All of the foregoing is true and correct:

Bidder:

Date:

Authorized Signature:

Name:

Typed/Printed

Title:

SWORN TO AND SUBSCRIBED before me, this the day of , 20 .

NOTARY PUBLIC

My Commission Expires:

_____________________ [SEAL]

ATTACHMENT D

Bid Form

1.0 BID RECIPIENT

This Bid is submitted by (hereinafter called “Bidder”) doing business as a (insert “a corporation,” “an individual” as applicable; if a corporation, indicate state of incorporation; or a “joint venture”) to:

Mississippi Department of Marine Resources Attention: Rick Kinnard 1716 AJ Holloway Dr.

Biloxi, Mississippi 39532

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a Contract with Mississippi Department of Marine Resources (hereinafter called “MDMR”) in the form included in the Invitation for Bids to perform all Work as specified or indicated in the Contract Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2.0 BIDDER’S ACKNOWLEDGEMENTS

Bidder accepts all of the terms and conditions of the Invitation for Bids, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for ninety (90) days after the Bid opening or for such longer period of time that Bidder may agree to in writing upon request of MDMR. Should the Base Bid be accepted by MDMR, all Alternate pricing shall remain good for 120 days and all offered unit prices shall be good for the life of the contract.

3.0 BIDDER’S REPRESENTATIONS

In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Contract Documents, including the Invitation for Bids, and the following addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has reviewed the requirements to bid this Project and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all laws and regulations that may affect cost, progress, and performance of the Work.

D. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the work site; information and observations obtained from visits to the work site; the Invitation for Bids; and the site-related reports and drawings identified in the Invitation for Bids with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) the Bidder’s safety precautions and programs.

E. Based on the information and observations referred to above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required and in accordance with the other terms and conditions of the Contract Documents.

F. Bidder is aware of the general nature of work to be performed at the site that relates to the Work as indicated in the Contract Documents.

G. Bidder has given MDMR written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, (including, but not limited to, the Drawings and Specifications), and the written resolution thereof by MDMR is acceptable to Bidder.

H. The Invitation for Bids is generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

4.0 BID FORM INSTRUCTIONS

All blank spaces for the bid prices must be filled in ink or typewritten, and this Bid Form must be fully completed and executed when submitted. Alterations and erasures of the entries made by bidder shall be initialed by the individual who signed this Bid Form. Bids shall state the legal name of bidder and be signed by the person or persons legally authorized to bind bidder to a contract. Bids submitted by a corporation shall indicate state of incorporation and bear a corporate seal. Bids submitted by an agent of a bidder shall have a current power of attorney attached that certifies the agent’s authority to bind the bidder.

Measurement and payment procedures corresponding to the Bid Form can be found in Section 00 52 15 Agreement, Section 01 20 00 Measurement and Payment Procedures, and Section 01 29 00 Payment Procedures of the Contract Documents.

GBNERR SAVANNA TRAIL BOARDWALK

Mississippi Department of Marine Resources 1716 A J Holloway Dr.

Biloxi, MS 39532

BID SCHEDULE - BASE BID

All labor, materials, equipment, mobilization, and demobilization pertaining to the procurement and execution of the scope of work as shown and specified within the contract documents.

1. Demolition of existing 1014' decking and stringers;

2. Installation of new 2" x 6" 2.5 CCA treated rough cut stringers (4) @ 18 O.C. per 10' bent, outside stringers lagged to pilings with 3/8 x 6" HDG lags;

3. Install new 1' X 5' ThruFlow Legacy XP deck panels or approved equivalent;

4. Decking screwed down with 3.5" SS panhead deck screws;

5. Install new 4"x4" wheelchair bumper, bumpers secured using 1/2" x 6" HDG lags.

TOTAL –Lump Sum BASE BID ($) ___________________________________

***SIGNATURE STATEMENT'**

BIDDER ACKNOWLEDGES THAT HE/SHE HAS CHECKED ALL ITEMS IN

THIS PROPOSAL FOR ACCURACY AND CERTIFY THAT THE FIGURES

THEREIN CONSTITUTE THEIR OFFICIAL BID.

BIDDER’S SIGNATURE _______________________________________________________

Printed Name and Title

Written Total Amount of Bid

Note: Bids shall include all applicable taxes and fees. All blanks shall be filled in. Total amount of Bid shall be the Base Bid. Contract Award will be made according to the Invitation for Bids. Award will be made to only one Bidder based upon the most advantageous combination to MDMR of the Base Bid, plus Alternates if selected, from this Bid Form and determination of the lowest and best, responsive, responsible bidder according to the Invitation for Bids.

1. The Bidder agrees that the Work shall be completed within 120 calendar days as stipulated in the Agreement.

2. The following documents are attached to and made a condition of this Bid:

a. Bid Security (surety bond, cashier’s check, or certified check);

b. Power of Attorney (For Surety Bond only);

c. Authority to Execute Contract (for any corporate employee other than the president or vice-president); and

d. A list of all subcontractors, surveyors and suppliers associated with this Bid.

The undersigned, having read and understood the Contract Documents and examined the Project site and adjoining areas and being familiar with the obstacles and conditions that will affect proposed Work, hereby offers and agrees to furnish all labor, equipment and materials and to perform all the Work required for the GBNERR Savanna Boardwalk in accordance with the Contract Documents and at the prices stated in the preceding Schedule of Prices above.

This Bid is submitted by:

If Bidder is:

An Individual

(Typed or Printed)

By:

(Individual’s Signature)

Doing business as:

State Contractor License No.

A Partnership

Partnership

(Signature of General Partner – attach evidence of authority to sign)

A Corporation

Corporation Name:

(Seal)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):

By:

(Signature, attach evidence of authority to sign)

Name:

(Typed or Printed)

(Corporate Seal)

Attest:

Date of Qualification to do business in Mississippi is / / .

A Joint Venture

Name of Joint Venture:

First Joint Venture Name:

(Seal)

(Signature of first Joint Venture Partner, attach evidence of authority to sign)

Bidder’s Business Address:

Phone No.

Email:

Submitted on , 20

ATTACHMENT E – Instructions for

MAGIC

E -

ATTACHMENT E

Instructions for MAGIC

TO: Vendors for the State of Mississippi

FROM: Mississippi Department of Marine

Resources Office of Procurement

SUBJECT: Instructions to register as Vendor

Effective July 1, 2014, the State of Mississippi requires vendors to register in MAGIC for the State to execute a contract and/or pay for services/products.

Please complete the online registration at this address:

https://www.dfa.ms.gov/mmrs-vendors

Should you have any questions concerning the registration process, contact the Mash Help Desk at (601) 359-1343, option 2 or email via mash@dfa.ms.gov.

Thank you for your time and attention to this matter. The process could take up to 72 hours to complete.

Office of Procurement mailto:mash@dfa.ms.gov

ATTACHMENT F

MDMR Contract Terms and Conditions

Applicable to All Work

1.0 AVALABILITY OF FUNDS.

It is expressly understood and agreed that the obligation of MDMR to proceed under this Agreement is conditioned upon the receipt of funds from the Mississippi State Legislature and/or the appropriation of funds by the Mississippi State Legislature for this Project. If the funds anticipated for the continuing fulfillment of the agreement are, at any time, not forthcoming or insufficient, either through the failure of the federal government to provide funds or of the State of Mississippi to appropriate funds or the discontinuance or material alteration of the program under which funds were provided or if funds are not otherwise available to State, MDMR shall have the right upon ten (10) working days written notice to the Contractor, to terminate this agreement without damage, penalty, cost or expenses to MDMR of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.

2.0 REPRESENTATIVES

For all matters pertaining to the Work, unless otherwise provided, MDMR will be represented by its Executive Director, or a designated representative, in all administrative and technical matters. When MDMR is referenced singularly in these Standard Contract Terms and Conditions, it shall be construed to include MDMR’s Executive Director and its designated representative(s) for the Project.

Before commencement of the Work, Contractor shall notify MDMR of the name of the person(s) (“Contractor's Representative”) who shall be on-site at all times when the Work is being performed, who shall directly superintend the Work and who shall be the duly authorized Representative of Contractor empowered to make decisions for, and on behalf of Contractor, and to execute Change Orders on behalf of Contractor, and to whom orders and directions by MDMR to Contractor may be given.

At all times when any performance of the Work at any site is being conducted by any employee or representative of the Contractor or his subcontractors, the Contractor shall have a Contractor’s Representative present at each site who has the capability of receiving instructions in the English language, fluently speaks the English language and can explain the work operations to persons performing the Work in the language that those performing the Work are capable of understanding. MDMR shall have the right to determine whether the proposed representative has sufficient technical and bilingual capabilities, and the Contractor shall immediately replace any individual not acceptable to MDMR.

3.0 AUTHORITY OF ARCHITECT

Not Applicable.

4.0 AUTHORITY TO CONTRACT

Contractor warrants (a) that it is a validly organized business with valid authority to enter into this agreement; (b) that it is qualified and registered to do business and is in good standing in the State of Mississippi; (c) that entry into and performance under this Agreement is not restricted or prohibited by any loan, security, financing, contractual, or other agreement of any kind; and (d) notwithstanding any other provision of this Agreement to the contrary, that there are no existing legal proceedings, either voluntary or otherwise, which may adversely affect its ability to perform its obligations under this Contract.

5.0 EMPLOYMENT STATUS

Contractor shall, at all times, be regarded as and shall be legally considered an independent contractor and shall at no time act as an agent for MDMR. Nothing contained herein shall be deemed or construed by MDMR, Contractor, or any third party as creating the relationship of principal and agent, master and servant, partners, joint venturers, employer and employee, or any similar such relationship between MDMR and Contractor. Neither the method of computation of fees or other charges nor any other provision contained herein nor any acts of MDMR or Contractor hereunder creates or shall be deemed to create a relationship other than the independent relationship of MDMR and Contractor.

Contractor’s personnel shall not be deemed in any way, directly or indirectly, expressly or by implication, to be employees of MDMR. Neither Contractor nor its employees shall, under any circumstances, be considered servants, agents, or employees of MDMR, and MDMR shall be at no time legally responsible for any negligence or other wrongdoing by Contractor, its servants, agents, or employees. MDMR shall not withhold from the Contract payments to Contractor any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to Contractor. Further, MDMR shall not provide to Contractor any insurance coverage or other benefits, including Worker’s Compensation, normally provided by MDMR or the State for its employees.

6.0 CONTRACTOR’S PERSONNEL

MDMR shall, throughout the life of the Contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the Work by Contractor. If MDMR reasonably rejects staff or subcontractors, Contractor must provide replacement staff or subcontractors satisfactory to MDMR in a timely manner and at no additional cost to MDMR. The day-to-day supervision and control of Contractor’s employees and subcontractors is the sole responsibility of Contractor. Contractor must receive pre-approval from MDMR prior to subcontracting with any company and/or individual not listed as a subcontractor in the bid submittal. The Request to Subcontract form is attached in Appendix G.

7.0 DRUG-FREE WORK FORCE

A. The Contractor agrees to institute and maintain a program for achieving the objective of a drug-free work force. MDMR will not be responsible for implementing, overseeing or enforcing the Contractor’s drug-free work force program.

B. Contractor programs shall include the following, or appropriate alternatives:

1. Employee assistance programs emphasizing high level direction, education, counseling, rehabilitation, and coordination with available community resources;

2. Supervisory training to assist in identifying and addressing illegal drug use by Contractor employees;

3. Provision for self-referrals as well as supervisory referrals to treatment with maximum respect for individual confidentiality consistent with safety and security issues;

4. Provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis. Employee drug testing programs shall be established taking account of the following:

a. The Contractor shall establish a program that provides for testing for the use of illegal drugs by employees in sensitive positions. The extent of and criteria for such testing shall be determined by the Contractor based on considerations that include the nature of the Work being performed under the Contract, the employee's duties, and efficient use of Contractor resources, and the risks to health, safety, or national security that could result from the failure of an employee adequately to discharge his or her position.

b. In addition, the Contractor may establish a program for employee drug testing—

1) When there is a reasonable suspicion that an employee uses illegal drugs;

2) When an employee has been involved in an accident or unsafe practice;

3) As part of or as a follow-up to counseling or rehabilitation for illegal drug use; or

4) As part of a voluntary employee drug testing program.

c. The Contractor may establish a program to test applicants for employment for illegal drug use.

C. Contractor shall adopt appropriate personnel procedures to deal with employees who are found to be using drugs illegally. Contractor shall not allow any employee to remain on duty or perform in a sensitive position who is found to use illegal drugs until such times as the Contractor, in accordance with procedures established by the Contractor, determines that the employee may perform in such a position.

D. The provisions of this section pertaining to drug testing program shall not apply to the extent that they are inconsistent with state or local law.

8.0 NOTIFICATION OF OWNERSHIP CHANGES

A. Contractor shall make the following notifications in writing:

1. When Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, Contractor shall notify MDMR within 30 days.

2. Contractor shall also notify MDMR within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

3. Contractor shall:

a. Maintain current, accurate, and complete inventory records of assets and their costs;

b. Provide MDMR or its designated representative ready access to records reasonably related to the performance of the Work performed hereunder upon request;

c. Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of Contractor's ownership changes; and

d. Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

9.0 EXAMINATION OF SITE, PLANS AND SPECIFICATIONS

It is the sole responsibility of Contractor to visit the site of the Work and to thoroughly examine the Contract Documents and to fully acquaint Contractor with the conditions to be encountered as to the character, quality and quantity of Work to be performed and materials to be furnished. Contractor shall fully understand the facilities, difficulties and restrictions that may be encountered in performing the Work.

By execution of the Contract,…