JACKSON COUNTY BOARD OF SUPERVISORS

Transcription

1 JACKSON COUNTY BOARD OF SUPERVISORS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE OLD SPANISH TRAIL AND GREYHOUND WAY SIDEWALK PHASE I JACKSON COUNTY, MISSISSIPPI FEBRUARY 2018 BOARD OF SUPERVISORS Barry Cumbest, District 1 Melton Harris, District 2 Ken Taylor, District 3 Troy Ross, District 4 Randy Bosarge, District 5 PROJECT FUNDED BY JACKSON COUNTY BOARD OF SUPERVISORS BATSON & BROWN, INC. Consulting Engineers 4347 Old Spanish Trail Gautier, MS / /

2 TABLE OF CONTENTS PAGE(S) A. BIDDING REQUIREMENTS Advertisement for Bids A-1 Instruction to Bidders A-3 Specific Bid Information A-7 Proposal Form A-8 Bid Bond A-11 Notice of Award A-13 B. CONTRACT FORMS Agreement B-1 Performance Bond B-3 Payment Bond B-5 Notice to Proceed B-7 C. CONTRACT CONDITIONS General Conditions C-1 Supplementary General Conditions C-2 D. SPECIFICATIONS Section 200 Earthwork Section 300 Subbases & Bases Section 600 Incidental Construction

3 A. BIDDING REQUIREMENT

4 ADVERTISEMENT FOR BIDS Notice is hereby given that sealed or electronic bids will be received by the Board of Supervisors of Jackson County, Mississippi until 12:00 p.m. on the 16th day of July, 2018, and said bids are to be opened at 1:00 p.m. after the receipt thereof and read aloud in the Board of Supervisors Meeting Room located in the Jackson County Services Building, 2915 Canty Street, Pascagoula, MS Envelopes containing the bid must be sealed, addressed to The Clerk of the Board of Jackson County, and designated as bids for the following items described, to wit: OLD SPANISH TRAIL & GREYHOUND WAY SIDEWALK PHASE 1 If any envelope is not so marked, any bid contained therein will not be considered. Any bids received after the time and date specified will not be considered and will be returned unopened. Contractors have the option of submitting their bids sealed in an envelope or electronically through If a sealed envelope bid is submitted by mail, the post office address of the Chancery Clerk is P.O. Box 998, Pascagoula, MS Bids may be delivered to Josh Eldridge, Chancery Clerk, c/o Land Records Department, 2915 Canty Street, Suite R, Pascagoula, MS All bid envelopes should contain the bidder s name and mailing address on the outside of the envelope and also specify the name of the bid item. Bidder s certificate of responsibility number or a statement that the bid inside is less than $50, shall appear on the outside or exterior of the envelope or container of such bids, failing which, said bid shall not be opened or considered. Copies of the Contract Documents may be examined at the following locations: Batson & Brown, Inc.; 4347 Old Spanish Trail; Gautier, MS AGC Plan Room; Intraplex Parkway; Gulfport, MS ABC Plan Room; Corporate Drive, Suite 2; Gulfport, MS Or online at Copies of the Contract Documents may be obtained at the office of Batson & Brown, Inc., located at 4347 Old Spanish Trail, Gautier, MS 39553; or Old 63 South, Lucedale, MS 39452, upon payment of $ (non-refundable) for each set. Work on which proposals are invited consists of the Old Spanish Trail and Greyhound Way Sidewalk Phase 1. The attention of bidders is directed to the State and Federal Requirements within this Contract. Contract time shall be 90 calendar days. Proposals must be accompanied by a Proposal Guaranty consisting of a Bid Bond, Cashier s Check or Certified Check in the amount of 5% of the amount of the bid. When submitting an electronic bid, the bid must be submitted in pdf format and shall contain the same information and forms as required for the paper bids. Electronic bids must be secured with a bid bond. When submitting a bid electronically, the authorized signature may be a hand-written blue ink signature or be an electronic signature. When bids are submitted electronically, the requirement for including a certificate of responsibility, or a statement that the bid enclosed does not exceed Fifty Thousand Dollars ($50,000.00), on the exterior of the bid envelope shall be deemed in compliance by including the same information as an attachment with the electronic bid submittal. For an electronic bid, documents can be downloaded from Central Bidding. Electronic bids shall be submitted at For any questions relating to the electronic bidding process, please call Central Bidding at The Board of Supervisors hereby notifies all bidders that it will affirmatively insure than in any contract entered into pursuant to this advertisement; minority business enterprise will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The County reserves the right to reject all bids or any bid not conforming to the intent and purpose of the Contract Documents, and to waive any informalities and to postpone the award of the Contract for a period of time which, however, shall not extend beyond 60 days from the bid opening date. A- 1

5 GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE, this the 16th day of July, Run: Two (2) times June 13 th 2018 June 20 th 2018 Open: 12:00 p.m., July 16th, 2018 Note to Publisher: Please furnish certified copy of proof of publication to: Batson & Brown, Inc Old Spanish Trl Gautier, MS By: Josh Eldridge, Chancery Clerk Board of Supervisors P.O. Box 998 Pascagoula, MS A- 2

6 INSTRUCTION TO BIDDERS DEFINED TERMS 1. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term Bidder means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term Successful Bidder means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner s evaluation as hereinafter provided) makes an award. The term Bidding Documents includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form and Guaranty, and the Proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from Engineer. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of Owner s request written evidence such a financial data, previous experience, present commitments and other such data as may be called for by the Owner. Each Bid must contain evidence of Bidder s qualification to do business in the state where the project is located. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder s observations with the Contract Documents, and notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.3 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.4 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA A- 3

7 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent (5%) of the Bidder s maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached) issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. Electronic bids must be secured with a bid bond. 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice to Award, Owner may annul the Notice to Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of (1) the seventh day after the effective date of the Agreement or, (2) the forty-sixth day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 7. CONTRACT TIME The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8. LIQUIDATED DAMAGES Provisions for liquidated damages, if any, are set forth in the Agreement (Bid Form). 9. SUBSTITUTE OR OR-EQUAL ITEMS The contract, if awarded, will be on the basis of materials, and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or or-equal items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or or-equal item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraphs 6.05 of the General Conditions and may be supplemented in the General Requirements. 10. SUBCONTRACTORS, SUPPLIERS, AND OTHERS No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 11. BID FORM 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer All blanks on the Bid Form must be completed in ink or by typewriter and the Bid signed in ink. If submitting electronically, blanks may be completed electronically and the authorized signature may be a hand-written blue ink signature or an electronic signature Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of A- 4

8 incorporation must be shown below the signature Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature, accompanied by evidence of authority to sign, and the official address of the partnership must be shown below the signature All names must be typed or printed below the signature The Bid shall contain an acknowledgment or receipt of all Addenda (the numbers of which must be filled in on the Bid Form) The address and telephone number for communications regarding the Bid must be shown. 12. SUBMISSION OF BIDS 12.1 Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), name, address and Certificate of Responsibility Number of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation BID ENCLOSED on the face of it Electronic Bid Submission. Submit Electronic Bids with the same information and requirements as for Sealed Bids. However, electronic bids must be secured with a bid bond. Provide cover sheet with the following information: Old Spanish Trail and Greyhound Sidewalk Phase I Jackson County, Mississippi Contractor s Name and Address Certificate of Responsibility No. #### BID ATTACHED Bidders must ensure that their electronic submission can be accessed and viewed by the County immediately upon bid opening. The County will consider any file that cannot be immediately accessed and viewed at the time of the bid opening (such as, encrypted files, password protected files, or incompatible files) to be blank or incomplete as context requires and are therefore unacceptable. A bidder will not be permitted to unencrypt files, remove password protections, or resubmit documents after bid opening to make a file viewable if those documents are required with the bid Non-resident Bidders ( Preference Statute Miss. Code Ann (3)). Effective July 1, 2010, all bids submitted by a non-resident contractor, which do not include the non-resident contractor s current state law shall be rejected and not considered for award. If the state does not have a preference law, then the contractor shall submit a letter stating such from an officer of the court. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice to Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. OPENING OF BIDS Bids will be opened, at the time and place indicated in the Advertisement, and (unless obviously nonresponsive) read aloud publicly. An abstract of the amounts of the base Bids and major alternate (if any) will be made available to Bidders after the opening of Bids. A- 5

9 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE All bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 16. AWARD OF CONTRACT 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum In evaluation of the Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractor, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operation costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner s satisfaction within the prescribed time If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interest of the Project If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening If the contract is unable to be awarded within the time set forth in the bid proposal, each bidder agrees the owner has the right to request a written extension within the proposal time and may enter into agreement with the acceptable bidder without express approval of each individual bidder submitting for the proposed work. 17. CONTRACT SECURITY Paragraph 5.01 of the General Conditions and the Supplementary Conditions set forth Owner s requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds. 18. SIGNING OF AGREEMENT When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter Contractor shall sign and deliver the required number of counterparts of the agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. A- 6

10 SPECIFIC BID INFORMATION Bidder shall also display on the outside of the opaque sealed envelope his Certificate of Responsibility Number, except if the bid is less than $50,000 the Contractor License Number will not be required. When bids are submitted electronically, the requirement for including a certificate of responsibility, or a statement that the bid enclosed does not exceed Fifty Thousand Dollars ($50,000.00) on the exterior of the bid envelope shall be deemed in compliance by including the same information as an attachment with the electronic bid submittal. A- 7

11 PROPOSAL FORM DATE: TO: JACKSON COUNTY BOARD OF SUPERVISORS JACKSON COUNTY SERVICES BUILDING 2915 CANTY ST PASCAGOULA, MS FROM: Mississippi Certificate of Responsibility The Bidder, in compliance with the Advertisement for Bids for the Old Spanish Trail and Greyhound Way Sidewalk Phase I, having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all conditions surrounding the construction of the proposed project, including the availability of labor, hereby proposes to furnish all labor, materials, equipment, and supplies and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on or before a date to be specified in the written Notice to Proceed of the Owner and to fully complete the project within 90 consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $ for each calendar day required over 90 days as hereinafter provided in Article 18 of the General Conditions. Bidder acknowledges receipt of the following addendums: A- 8

12 I (We) agree to complete the entire project within 90 calendar days. ***SPECIAL NOTICE TO BIDDERS*** BIDS WILL NOT BE CONSIDERED UNLESS BOTH UNIT PRICES AND ITEM TOTALS ARE ENTERED The Owner reserves the right to accept or reject any or all proposals. PAY ITEM NO. PAY ITEM QUANTITY UNIT ROADWAY ITEMS S-200-A MOBILIZATION L.S. LUMP SUM S-201-A CLEARING & GRUBBING L.S. LUMP SUM S-202-A REMOVAL OF OBSTRUCTION L.S. LUMP SUM S-202-C REMOVAL OF CURB AND GUTTER 84.0 LIN. FT. S-202-D REMOVAL OF SIDEWALK 5.5 SQ. YD. S-203-A UNCLASSIFIED EXCAVATION (FM) CU. YD. S-240-A GEOGRID TYPE III SQ. YD. S-304-A GRANULAR MATERIAL (CLASS 7, GROUP B)(LVM) CU. YD. S-304-C CRUSHED STONE (SIZE 610)(LVM) CU. YD. S-603-C-A 15 REINFORCED CONCRETE PIPE, CLASS III 32.0 LIN. FT. S-603-C-D 29 X 18 REINFORCED CONCRETE ARCH PIPE, CLASS III LIN. FT. S-603-C-E 29 X 18 REINFORCED CONCRETE PIPE, END SECTION 1.0 EACH S-608-A CONCRETE SIDEWALK SQ. YD. S-620-L-1 COLD PLASTIC LEGEND (WHITE) (12 WIDTH) 28.0 LIN. FT. S-620-L-2 COLD PLASTIC LEGEND (WHITE) SQ. FT. S-211-B EROSION CONTROL ITEMS TOPSOIL FOR SLOPE TREATMENT (CONTR FURNISHED) (LVM) CU. YD. S-212-B COMMERCIAL FERTILIZER ( ) 0.92 TONS S-215-A VEGETATIVE MATERIALS FOR MULCH 1.84 TONS S-226-A SOLID SOD SQ. YD. S-233-A TEMPORARY SILT FENCE (TYPE II)(AOS ) LIN.FT A WATTLES, 20" LIN.FT. UNIT COST ROADWAY ITEM SUBTOTAL: EROSION CONTROL SUBTOTAL: TOTAL BID: ITEM TOTAL A- 9

13 The above unit prices shall include all labor, materials overhead, profit, insurance, etc., to cover the finished work of the several kinds called for in this project. Changes shall be processed in accordance with Article 10 of the General Conditions. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Bidder agrees that his bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, Bidder will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by Article 5 of the General Conditions. The bid security attached in the sum of $ (at least five percent (5%) of the Base Bid amount) is to become the property of the Owner in the event the contract is not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. ATTEST: Respectfully submitted, COMPANY: By: Title: Address: Phone: A- 10

14 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,, as Principal, and, as Surety, are hereby held and firmly bound unto JACKSON COUNTY BOARD OF SUPERVISORS, as OWNER in the penal sum of Five percent (5%) of amount of Bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of, The condition of the above obligation is such that whereas the Principal has submitted to the Jackson County Board of Supervisors a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Old Spanish Trail and Greyhound Way Sidewalk Phase I, Jackson County, MS. NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. A- 11

15 The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal (Seal) (L.S.) By: (Title) Witness By: Surety Attorney-in-Fact (Title) (Seal) Witness IMPORTANT Surety companies executing BONDS must appear on the Treasury Department s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. A- 12

16 NOTICE OF AWARD TO: PROJECT DESCRIPTION: Old Spanish Trail and Greyhound Way Sidewalk Phase I, Jackson County, MS The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated, 2018 and Information for Bidders. You are hereby notified that your BID has been accepted in the amount of $. You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR S PERFORMANCE BOND, PAYMENT BOND and CERTIFICATES OF INSURANCE within ten (10) calendar days from the date of this Notice to you. The Certificate of Insurance shall establish that you are insured in the following amounts: General Liability: Bodily Injury 1,000,000 1,000,000 Property Damage 1,000,000 1,000,000 Comprehensive Motor Vehicle Liability: Bodily Injury 1,000,000 1,000,000 Property Damage 1,000,000 1,000,000 The Certificate shall establish that the Owner and Engineer are named as Additional Insureds and that the Insurance Company will furnish 15 days notice prior to cancellation of any insurance so certified. You will find herewith 5 copies of the Agreement Form for your execution. Please leave all dates open so that the dates on all documents can be made even at the time the Owner executes the Contract. If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of, JACKSON COUNTY BOARD OF SUPERVISORS By: Title: A- 13

17 ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by This the day of, By: Title: A- 14

18 B. CONTRACT FORMS

19 AGREEMENT THIS AGREEMENT, made this day of, 2018, by and between JACKSON CONTY BOARD OF SUPERVISORS, hereinafter called OWNER (Name of Owner), and called CONTRACTOR. doing business as (an individual,) or (a partnership,) or (a corporation) hereinafter WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1.The CONTRACTOR will commence and complete all items of work as designated by the contract documents entitled the Old Spanish Trail and Greyhound Way Sidewalk Phase I, Jackson County, Mississippi. 2.The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein. 3.The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 15 calendar days after the date of the NOTICE TO PROCEED and will complete the same within 90 Calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. CONTRACTOR further agrees to pay as liquidated damages, the sum of $ for each consecutive calendar day thereafter as provided in Section 15 of the General Conditions. 4.The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ or as shown in the BID schedule. 5.The term CONTRACT DOCUMENTS means and includes the following: a) Advertisement for BIDS b) Information for BIDDERS c) BID d) BID BOND e) Agreement f) General Conditions g) SUPPLEMENTAL GENERAL CONDITIONS h) Payment BOND i) Performance BOND j) NOTICE OF AWARD k) NOTICE TO PROCEED l) CHANGE ORDER m) DRAWINGS prepared by Batson & Brown, Inc. numbered through and dated. n) SPECIFICATIONS prepared or issued by Batson & Brown, Inc., dated,, B-1

20 o) ADDENDA: No., dated, 2018 No., dated, 2018 No., dated, 2018 No., dated, 2018 No., dated, The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7.This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in ( five (5) ) each of which shall be deemed an original on the date first above written. (SEAL) ATTEST: NAME: TITLE: OWNER: JACKSON COUNTY BOARD OF SUPERVISORS BY: NAME: TITLE: CONTRACTOR: BY: NAME: (SEAL) TITLE: ATTEST NAME: TITLE: B-2

21 KNOW ALL PERSONS BY THESE PRESENTS: That PERFORMANCE BOND (Name of Contractor) (Address of Contractor) a (Corporation, Partnership, or Individual), hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto: JACKSON COUNTY BOARD OF SUPERVISORS (Name of Owner) P. O. BOX 998; PASCAGOULA, MS (Address of Owner) hereinafter called OWNER in the total aggregate penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of, 20, a copy of which is hereto attached and made a part hereof for the construction of: Old Spanish Trail and Greyhound Way Sidewalk Phase I, Jackson County, Mississippi NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER with or without notice to the SURETY and during the one year guaranty period and if the PRINCIPAL shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CONTRACT as so amended. The term Amendment, wherever used in this BOND, and whether referring to this BOND, the Contract or the Loan Documents shall include any B-3

22 alteration, addition, extension, or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. The OWNER is the only beneficiaries hereunder. IN WITNESS WHEREOF, this instrument is executed in (five) 5 counterparts, each one of which shall be deemed an original, this the day of, ATTEST: Principal (Principal) Secretary) By: (Witness as to Principal) ATTEST: NOTE: (Address) Surety (Witness to Surety) (Address) (Address) BY: Attorney-in-Fact (Address) Date of BOND must not be prior to date of Contract. If CONTRACTOR is partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department s most current list (Circular 570 as amended) and be authorized to transact business in the state where the Project is located. B-4

23 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: that (Name of Contractor) a (Corporation, Partnership or Individual) (Address of Contractor) hereinafter called PRINCIPAL and (Name of Surety) hereinafter called SURETY, are held and firmly bound unto JACKSON COUNTY BOARD OF (Name of Owner) SUPERVISORS; P. O. Box 998; Pascagoula, MS 39567, hereinafter called OWNER and unto all persons, firms, and corporations who or which may furnish labor, or who furnish materials to perform as described under the contract and to their successors and assigns in the total aggregate penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain contract with the OWNER, dated the day of, 20, a copy of which is hereto attached and made a part hereof for the construction of: Old Spanish Trail and Greyhound Way, Sidewalk Phase I, Jackson County, Mississippi NOW, THEREFORE, it the PRINCIPAL shall promptly make payment to all persons, firms, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extensions or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and for all labor cost incurred in such WORK including that by a SUBCONTRACTOR, and to any mechanic or materialman lienholder whether it acquires its lien by operation of State or Federal law; then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, that beneficiaries or claimants hereunder shall be limited to the SUBCONTRACTORS, and persons, firms, and corporations having a direct contract with the PRINCIPAL or its SUBCONTRACTORS. PROVIDED, FURTHER, that the said SURETY for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder of the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the WORK or to the SPECIFICATIONS. PROVIDE, FURTHER, that no suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the PRINCIPAL shall have given written notice to any two of the following: The PRINCIPAL, the OWNER, or the SURETY above named within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the PRINCIPAL, OWNER, or SURETY, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (B) After the expiration of one (1) year following the date of which PRINCIPAL ceased work on said CONTRACT, is being understood, however, that if any limitation embodied in the BOND is prohibited by any law controlling B-5

24 the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. PROVIDED, FURTHER, that it is expressly agreed that this BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the Contract as so amended. The term Amendment, wherever used in this BOND and whether referring to this BOND, the contract or the loan documents shall include any alteration, addition, extension or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. WITNESS WHEREOF, this instrument is executed in 5 counterparts, each of which shall be deemed an original, this the day of, 20. ATTEST: (Principal) (SEAL) Secretary Witness as to Principal ATTEST: (Name) (Address) Witness as to Surety By: (Address) (Surety) By: Attorney-in-Fact Principal (Address) (Address) NOTE: IMPORTANT: Date of BOND must not be prior to date of Contract. If CONTRACTOR is partnership, all partners should execute BOND. Surety companies executing BONDS must appear on the Treasury Department s most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. B-6

25 NOTICE TO PROCEED TO: Date: Project: Old Spanish Trail and Greyhound Way Sidewalk Phase I, Jackson County, MS You are hereby notified to commence WORK in accordance with the Agreement dated complete the WORK within, 2018, on or before, 2018, and you are to consecutive calendar days thereafter. The date of completion of all WORK is therefore, ACCEPTANCE OF NOTICE: Receipt of the above NOTICE TO PROCEED is hereby acknowledged by, this the day of, BY: TITLE: Employer Identification Number JACKSON COUNTY BOARD OF SUPERVISORS Owner By: Title: Project Engineer B-7

26 C. CONTRACT CONDITIONS

27 GENERAL CONDITIONS The General Conditions for this work shall be the 2007 Edition of the Standard General Conditions of the Construction Contract as prepared by the Engineer s Joint Contract Documents Committee (EJCDC) and issued and published jointly by the National Society of Professional Engineers, the Consulting Engineers Council, the American Society of Civil Engineer, the Construction Specifications Institute and as approved and endorsed by the Associated General Contractors of America. These General Conditions shall be as binding as if reproduced and included herein in its full text. A copy of the General Conditions will be furnished to legitimate holders of these plans upon request to the Engineer. Said General Conditions are modified, changed and/or supplemented for this contract as set out in the Supplemental General Conditions which are included as a part of this contract. C- 1

28 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared for JACKSON COUNTY BOARD OF SUPERVISORS C- 2

29 SUPPLEMENTARY CONDITIONS Prepared for Jackson County GENERAL These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the same meanings stated below, which are applicable to both the singular and plural thereof. SPECIFIC COMMENTS ARTICLE 1 DEFINITIONS AND TERMINOLOGY SC-1.01.A.19. Engineer -- ADD the following language at the end of the last sentence in Paragraph 1.01.A.19: Wherever in these Contract Documents the word "Engineer" or "E/A" or "A/E" appears, it shall be understood to mean the Engineer, Batson & Brown, Inc., and their authorized representatives, acting either directly or indirectly as authorized agents of the Owner. SC-1.01.A.29. Owner -- ADD the following language at the end of the last sentence in Paragraph 1.01.A.29: Whenever in these Contract Documents the word "Owner" appears, it shall be understood to mean the Jackson County Board of Supervisors acting by and through their official minutes, and their authorized representatives. SC-1.01.A.45. Substantial Completion AMEND the language in the first sentence of Paragraph 1.01.A.44 to read as follows: CHANGE the language from in the opinion of Engineer, to in the opinion of the Engineer and Owner, ARTICLE 2 PRELIMINARY MATTERS SC-2.01.B Evidence of Insurance DELETE Paragraph 2.01.B in its entirety and INSERT the following in its place: B. Before any Work at the Site is started, Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor is required to purchase and maintain in accordance with Article 5. SC-2.02 Copies of Documents AMEND the language in the first sentence in Paragraph 2.02.A to read as follows: CHANGE the language from up to ten to up to three SC-2.03 Commencement of Contract Times; Notice to Proceed AMEND the language in the third sentence in Paragraph 2.03.A to read as follows: CHANGE the language from later than the sixtieth day to later than the ninetieth day. C- 3

30 ARTICLE 3 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE SC-3.03.B Resolving Discrepancies ADD the following new language at the end of this section: c. Whenever the Contract Documents contain contradictions or discrepancies within the document, the most costly means or method shall be applied. ARTICLE 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC-4.01.A Availability of Lands DELETE the last sentence. SC-4.01.B Availability of Lands DELETE this paragraph in its entirety. SC-4.02 Subsurface and Physical Conditions Delete in its entirety. SC-4.03 Differing Subsurface or Physical Conditions following: Delete in its entirety and replace with the Execution of this Contract (Agreement) by the Contractor is a representation that the Contractor has visited the site, that general and local conditions are suitable for the work to be performed and that the Contractor accepts all conditions at the Project site. The Contractor assumes all risks with respect to the requirements of the Contract Documents, including without limitation the characteristics (natural and manmade) of the site, site accessibility, labor rates and availability, weather conditions, and any other matter that could affect the performance and cost of the work. SC-4.04.B.2 Underground Facilities; Not Shown or Indicated AMEND the language in the second sentence of paragraph 4.04.B.2 to read as follows: CHANGE the language from An equitable adjustment shall be made in the Contract Price to An equitable adjustment may be made in the Contract Price. SC-4.05 Reference Points AMEND the language in the second sentence of Paragraph 4.05.A to read as follows: CHANGE the language from without prior written approval of Owner to without prior written approval of Owner and Engineer. SC-4.06 Hazardous Environmental Conditions at Site DELETE Paragraphs 4.06.A and 4.06.B in their entirety and INSERT the following in their place: A. No reports or drawings of hazardous conditions at the site are known to the Owner or Engineer. B. Not used. SC-4.06.G Hazardous Environmental Conditions at Site DELETE Paragraphs 4.06.G in its entirety. SC-4.07 Site Investigation and Representation ADD the following new paragraph immediately after Paragraph 4.06: SC-4.07 Site Investigation and Representation The Contractor acknowledges that he has satisfied himself as to the nature and location of the Work; the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials; availability of labor, water, electric power, and roads; uncertainties of weather, river stages, or similar physical conditions at the site; the conformation and conditions of the ground; the character of equipment and facilities needed preliminary to and during the prosecution of the C- 4

31 work; and all other matters which can in any way affect the Work or the cost thereof under this Contract. The Contractor further acknowledges that he has satisfied himself as to the character, quality, and quantity of surface and subsurface materials and groundwater to be encountered from inspecting the site. Any failure by the Contractor to acquaint himself with all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the Work. Neither the Owner nor the Engineer assumes responsibility for any conclusion or interpretation made by the Contractor. SC-4.08 Mississippi Code Section et seq. All provisions of the Mississippi One-Call law shall remain in full force with regards to adjacent utilities within the project construction limits. LOCATION: As stated, the Owner shall make a prudent and diligent effort to mark location of their utility lines (water and sewer lines when existing within the construction limits of the project) in accordance with Section The Contractor shall maintain and perpetuate the location marks throughout the duration of Contractor s work activities within an area. PROTECTION As set forth in Section , Contractor shall investigate the site for the presence and location of the utility lines throughout the Owner s marked locations, and set forth measures to protect and preserve the utility. REPAIR In addition to Section , Contractor will assume the responsibility for damages to the Owner s utility line as a result of their operations under this contract, wherein the Owner has made a prudent and diligent effort to mark the location of the existing utility line. Contractor will absorb all cost of equipment, material and labor associated with their loss of work (down-time) and repair of the Owner s utility line as a result of damages from their operations under this contract. ARTICLE 5 BONDS AND INSURANCE SC-5.03.B Certificates of Insurance DELETE Paragraph 5.03.B in its entirety. SC-5.03.C, 5.03.D and 5.03.E. Add the following paragraphs after Paragraph 5.03.B: C. Failure of Owner to demand such certificates or other evidence of Contractor s full compliance with these insurance requirements of failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor s obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor s liability under the indemnities granted to Owner in the Contract Documents. C- 5