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14-DELIBERATE/ACT ON RES ACCEPTING BID AND AWARDING CONTRACT FOR 2011-2012 WATER AND WASTEWATER CAPITAL IMPROVEMENTS TO FOUR THIRTEEN INC FOR $345,155.10CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 02-06-2012 Engineering, Planning Shawn Napier, P.E. Director of Council Date: & Development Engineering, Planning & 14. 02-13-2012 Development RECOMMENDED MOTION: Deliberate and act on a resolution accepting the bid and awarding the contract for the 2011-2012 Water and Wastewater Capital Improvements to Four Thirteen Inc. in the amount of $345,155.10; authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Contract BACKGROUND: This project was initially designed with three separate projects. The projects included replacing a water line in Sherman St. between SW 19'" and SW 25th Streets and a replace a sewer line that currently exist behind the houses on NE 14th and NE 16th Streets. Another project replacing both water and sewer lines in Dickson St and NE 11 ,h St. was bid as an alternate. The 2011-2012 budget has two line items for Capital replacement projects for water and sewer lines. The total of these two line items at the beginning of the budget year was $461,000. The combined amount of both line items is currently $403,722.27. The three projects had been prioritized by Public Works in November 2011, with the Dickson St. and NE l lt" Street project being the lowest prioritized project. Staff recommends awarding the bid to Four Thirteen Inc. in the amount of $345,155.10. The work will most likely be performed by S&S Boring for Four Thirteen Inc. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution, Hayter recommendation letter, bid tabulation, contract, location map ACTION: BUDGET INFO: Bond Fund ❑ Financial Report ❑ Minute Order Expense $345,155.10 ❑ Department Report E Resolution Budgeted Amt. $461,000.00 ❑ Presentation ❑ Ordinance YTD Actual $57 277 73 , . ❑ Public Hearing ❑ Other Acct. Name Service Line Replacement Acct. Number 10-0412-83-00, 10-0412-85-00 FISCAL NOTES: REVIEWED AND APPROVED BY: 0 Administration Z Cily Clerk ❑ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court N Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 3 4r ; HAYTER ENGINEERING, INC. CONSULTANTS PLANNERS ENGINEERS January 17, 2012 City of Paris 135 SE ls` Street Paris, TX 75460 ATTENTION: Shawn Napier, City Engineer 4445 S.E. LOOP 286 PARIS, TEXAS 75460 903) 785-0303 AX (903) 785-0308 REFERENCE: 2011-2012 Budget Year Water and Wastewater Capital Improvements HF,I # l 80037-280C Dear Mr. Napier: On January 12, 2012, the City of Paris received bids for the above referenced project. Five bids were received, with the lowest being that of Four Thirteen Inc. in the base bid amount of $472,413.25 and the deductive alternate bid amount of $127,258.16, for a low bid of $345,155.10. A bid tabulation is attached for your review. We have verified the mathematical accuracy and completeness of the various bids, and have verified that the bonding companies of the two lowest bidders are licensed in Texas. The low bid appears to conform to the contract document requirements. Based upon the Statement of Bidder's Qualifications, and prior experience, we believe the low bidder to be responsive and responsible. We therefore recommend award of this project to Four Thirteen Inc. in the amount of $345,155.10, which is the base bid less the deductive alternate. If the City concurs with this recommendation, please sign the attached three original Notice of Award forms. IJpon signing, please return all three originals to this office for further execution. Sincerely, HAYTER ENGINEERING, INC. Thomas L. Pruitt, P.E. /7'/ Z Project Engineer Enclosures OF T '~P'' ~ ~ ~ ~d' THOMAS LEE PRUITf ' • • 92767 ~ •'v~ . 0,~.;.t~c~sti~..~ I. s • :~C~r Service Sinee 1957 I'BPE F-000315 ~ - - ~ 3 f~ Bltl Tabulation City of Paris 2011-2012 Budga! Year WeEer and Waabwahr Gpihl Improvementa HEIt1t0037-280C Janwry 12. 2012 3onn m iBi[r:::::: . . . . ConsMUeUon bc. Yio. : : . : : : : four:TbiAwn Jna. . . . LlmoVisfda . . . . Construcfbn iLC': : : : 81b:Cdrimm4+c's:-: . . . . ComWeddir :Irflc::. ~:AAti:::;:::: . Sankafioo Aiee Prlw Rrioe*:•: : : : . . r UriK . :Brka Unk. . SOh prfoa:. Mobiiixation 1 LS 13 45536 13 455.36 15 225.00 5 750.00 5 750.00 51 432.50 51 432.50 5 DDO.DO 5 000.00 M 8" GD00 OR 18 PVC wateAine 35 LF 21.00 735.00 1 830.00 37.95 1 328.25 23.00 805.00 20.00 700.W 6" G900 DR 18 PVC wate~ne 2 931 LF 1 B.00 52 758.00 33 413.40 31.05 91 007.53 23.96 70 228.76 22.00 84 482.00 4" G90f1 DR 18 PVC watarfine 10 LF 16.00 160.00 ~.00 32.20 322.00 72.23 122.30 10.00 t00.D0 7 2" Schadula BO PVC 6" z 8" Te ' aNeva end valve wiN box 6" Ta in sbeve and valve with boz 20 LF 1 EA 2 EA 9.00 1.975.00 1,900,00 180.00 1,975,00 3 800.00 2012.00 1,824.00 '130.00 2,012.00 3648.00 32.20 2,415.00 2,155.00 841.00 2 416,00 4,370.00 71.00 2.350.00 2,300.00 220.00 2.350.00 4.500.00 10.00 2,200.00 2.000.00 200.00 2 200.00 4 000.00 8 4" Ta n sbsve and valve with box 1 EA 1 800.00 1,600.00 1,678.00 1,678.00 1,955.00 1955.00 2,000.00 2 D00.00 1 900.00 1.900.00 9 6" Gats velve wilh box 12 EA 825.00 9,900.00 1,175.00 14,100.00 759.00 9 108.00 930.00 11 780.00 1.100.00 13 200.00 70 Fire h rsnl 5 EA 2,100.00 10 500.00 3,207.00 18 035.00 2,328.75 11 643.75 2,497.00 12 485.00 3,300.00 16,500.00 17 Remove !re hyftnt 2 EA 150.00 300.00 828.00 1,256.00 529.00 1,068.00 1,000.00 2,000.00 500.00 1,200.00 12 Duetik iron fiN' : 0302 TN 12 000.DO 3,624.00 18,525.00 5,594.55 13 202.00 3,987.00 26 000.00 7,552.00 23 000.00 7,550.00 13 8' Bore rw encoaement 40 LF 22.00 880.00 27.00 1,050.00 E0.50 3.220.00 33.00 1,400.00 75.00 3 000.00 14 As It sUnet lpsvirg 3,312.7 LF 33.00 109,319.10 3180 111 88928 47.98 138 067.15 45.00 148 071.50 45.00 149 077.50 15 As N atreel r"alr 1,319 LF 35000 48 165.00 19.80 25 852.40 77.31 22 831.89 20.00 28,38000 55.00 72,545,00 16 Gravai drive ro ir 19 LF 12.00 228.00 45.00 B55.00 26.45 502.55 35.00 865.00 30.00 570.00 17 ConeMe street reir 54 SY 60.00 3,240.00 157.50 8,505.00 57.50 3,105.00 50.00 2.700.00 150.00 8,100.00 16 Sidawalk ro P 10 SV 80.00 800.00 112.00 1,120.00 48.00 480.00 50.00 500.00 55.00 65p.00 19 ShoA side senice kans(er 17 EA 420.00 7,140.00 615.00 10 455.00 431.25 7,331.25 385.00 6,545.00 750.00 12 750.00 20 Lon side servia lnrofer 21 EA 725.00 15 225.00 898.00 18 858.00 881.25 13 888.25 600.00 10 500.00 900.00 78 800.00 21 Lon sida ptvbe tranahr 7 EP. 775.00 776.00 1,065,00 1,056.00 805.00 805.00 $75.00 575.00 1,000.00 1 000.00 22 Short eide N 4 serviee tranafer 1 EA 150.00 450.00 787.00 787.00 575.00 575.00 575.00 575.00 900.00 900.00 23 Connecf M axiali 3" and smalbr Gnes 1 EA 1,100.00 1.100.00 1,281.00 1.281.001 1,12125 1,121.25 i 100.00 1.100.00 2 000.00 2,000.00 24 Rebrate 2" wffiMme 1 EA 800.00 800.00 1 330.00 1550,00 1,035.00 1 035.00 1 200.OD 1 00.00 0 1.000.00 WastewaferS m/m vemsMS: 25 8' 30R 35 PVC sanita sewer 6ne 488 LF 7.50 3,660.00 1720 8,393.60 6.33 3,089.04 40.88 19 948.44 10 738.00 28 6" SDR 28 Gast 160 PVC sanila sswer 733 LF 7.00 5 131.00 14.20 10 408.80 5.75 4,214.75 40.28 29 510.58 15 393.00 27 6" SOR 35 PVC pnila xwer Bne 1,106 LF 6.80 7,520.80 12.76 14 107.50 5.18 5,729.08 99.48 43 84278 0 21,567.00 28 Slandard 6' manlale w7In11ow ineert I EA 2,400.00 9.600.00 2,130.00 8,520.00 2 630.00 10 120.00 1 890.OD 7,560.00 B 600.00 29 Spedel manhola s Man 36" Aee 2 EA 1,800,00 3 800.00 'I 882.00 3,964.00 2115.00 4530.00 2,300.00 4 800.00 3,800,00 30 Slantlard 6' dearwut 3 EA 385.00 1.15500 599.00 1,797.00 373.75 1,121.25 230.00 890.00 2.250.00 31 Ramow menhak 2 EA 250.00 500.00 787.00 1,574.00 977.50 1 955_00 1,000.00 2.000.00 100 0!00 00 2,000. 32 Abandon manhole 1 EA 500.00 500.00 367.00 567.00 632.50 632.50 1 OOD.DO 1 000.00 700.00 700.00 33 0-5' Tronchin 1,941 LF 11.00 21 351.00 6.75 13 101.75 34.50 88 964.50 2.00 3,882.00 2.00 3,982.00 34 5-9' Trenehin 312 LF 17.00 5,304.00 7.60 2,464.80 10.25 12.568.00 4.OD 1,248.00 3.00 938.00 35 Treneh safely 312 LF 0650 158.00 225 702.00 2.30 717.60 1.00 312.00 1.50 A88.00 38 Near side servica Vansfer 19 EA 500.00 9,500.00 190.00 9,310.00 488.75 9,286.25 600.00 11 400.00 800.00 15 200.00 37 4" Doubla sawer servim t EA 800.00 900.00 881.00 867.00 833.75 833.75 650.00 960.00 1 200.00 1 .00 38 Far sitla servip Iranshr 21 EA 750.00 18 000.00 1,064.01) 25 536.00 598.00 14 352.00 7/5.00 18,600.00 750.00 18 000.00 39 Seriva N lines 33 EA 800.00 26 400.00 732.00 21 158.00 1,069.50 35 293.SD 850.00 28.050.00 200.00 6,600.00 40 As IuN straet re ir 1,728 SY 95.00 80,480.00 33.80 SB 4D6.40 17.31 29 91 1.88 7.45 12 873.80 55.00 95040.00 41 ADandOn eaisl' iine9 14 EA 100.00 1 100.00 820.00 B 880.00 890.00 B GBO.OD 200.00 2800.00 5OO.00 7,000.00 42 im ement SW3P 3 EA 500.00 1 500.00 900.00 2,700.00 1,725.00 5,176.00 3 00D.00 9000.00 800.00 2 400,00 TOTAL BASE BID 1 867.26 $472,413.26 2.30 $543,972.79 633.44 3390.50 Dsdacsve.4ttsmaro:: WaNtS tsm! wmenfs: D1 8" G900 DR 18 PVC wateAina 902 LF 18.00 15,236.00 11.40 10 282.80 30.48 27 492.96 23.96 21 911.92 22.00 19 844.00 D2 4" G800 DR 18 PVC wafsrfine 10 LF 16.O0 180.00 9.00 90.00 31.63 318.30 1223 122.30 1p,00 100.00 D3 8" Ta in sleeve and wlve wdh box 1 EA 1,900.00 1.900.00 1.824.00 1 824.00 2.127.50 2,127.50 2,300.00 2,300.00 2.000.00 2 000.00 p4 4" T ' slewe md valva wfth Dox 1 EA 1,800.00 1,800.00 1,678.00 1 878.OD 1,897.50 1,897.50 2,000.00 2,000.00 1,900.00 1 9D0.00 DS 8" Gafe valve wNh 6ox 7 EA 825.00 5 775.00 1,175.00 8,225.00 707.25 4,950.75 830.00 8,510.00 1 100.00 7,700.00 D6 Fire h drent 3 EA 2 1 D0.00 8 300.00 3,207.00 9.621.00 2,271.25 6,813.75 2,497,00 7,491.00 3,300.00 9 900.00 D7 Remove flrc hydmnt 1 FA 150.00 150.00 628.00 828.00 529.00 529.00 1,000.00 1,000.00 800.O0 6pp.00 DB Duelib iron fMln 0.204 TN 12 000.00 2 M8.00 18 525.00 3,779.10 13 202.00 2,693.21 26,000.00 5,304.00 25 000.00 5 10D.00 D9 As hak strosl paying 1,239.7 LF 33.00 10 910.10 33.80 41 901.88 40.83 50 818.95 45.00 55 786.50 45.00 55 788.50 DYO As hak streal repair 20 LF 35.00 700.00 19.80 39100 16.73 334.80 20.00 400.pD 56.00 1,100.00 Dt7 GravslErive reW 19 LF 12.00 228.00 45.00 855.00 28.45 302.55 35.00 885,00 30.00 570.00 012 ConerNS stroat n fr 54 6Y 60.00 3,240.00 157.50 8,505.00 67.50 3.106.00 50,00 2 700,00 150.00 0,100.00 D13 Sidewdkroir 10 3Y 80.00 800.00 112.00 1120.00 48.00 460.00 50.00 500.00 55.00 550.00 014 3hwf side senka trarafer 6 EA 420.00 2,520.00 615.00 3.690.00 419.75 2,518.50 385.00 2,310.00 750.00 4,500.00 D15 Lon sae semce u.r,mr 7 EA 725.00 5,075.00 898.00 8,286.00 649.75 4,548.26 500.00 3,500.00 900.00 6,300.00 WaaMweterS m / wments: 078 8" SDR 35 PVC snnftary eewer lina 488 LF 7.50 3 680.00 17.20 8,393.60 8.33 3 088.04 40.88 19949.M 22.00 10 736.00 017 8" 3DR 35 PVC sanftafy sewer line 11 LF 6.80 74.80 12.75 14025 5.75 63.25 4028 442.86 18.50 214.60 D18 eciel meMde kss then 38" dee 2 FA 1 800.00 3,600.00 1 982.0D 3,964.00 2,415.00 4 830.00 2,300.00 4,600.00 1,900.00 3,80000 Ramove manhde 1 EA 250.00 250.00 787.OD 787.00 877.50 977.50 1 000_00 1 OOO.OD 1 000.00 1 000.00 0-5' Trmchin 213 LF 11.00 2 343.00 6.T5 1437.76 34.50 7 348.50 2.00 128.00 2.00 426.00 Cr8' Tronchin 312 LF 17.00 5 304.00 7.80 2484.80 40.25 12 SSB.00 4.00 1 248.00 3.00 838.00 Trench safel 312 LF 0.50 158.00 2.25 702.00 2.BB 098.36 1.00 312.00 1.50 168.00 J Near side servke trwister 3 EA 500.00 2 500.00 490.00 2 430OD 488.75 2 M3.75 600.00 3 000.00 800.00 4 000.00 D26 4" DouDle sewer sarvice Far side service lraiuPor Abendon exiatiGnas I EA 5 EA 3 EA 900,00 750.00 100.OD 900.00 3 7W.00 300.00 861.00 820.00 881.OD . 1,860.00 33.75 598.00 690400 833.75 2 990.00 2,070.00 850.00 775.00 200.00 950.00 3 875.00 800.00 750.00 800.00 1 200.OD 3 750.00 2100.00 TOTAL DEDUCTIVE AL7ERNATE $111,079.90 $127,258.16 $147,009.17 S148 600.02 31529B1.00 34 _ L~ 3 5 Draft RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE 2011-2012 WATER AND WASTEWATER CAPITAL IMPROVEMENTS PROJECT TO FOUR THIRTEEN INC., THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, advertise for bids for furnishing plant, labor, materials, and equipment, and for performing all work required for the 2011-2012 Water and Wastewater Capital Improvements Project in the City of Paris, which bids were received until 3:00 o'clock p.m., Thursday, January 12, 2012; and, WHEREAS, the lowest responsible bid, net of the deductive alternate, providing the best value to the City was received from Four Thirteen Inc., P.O. Box 5848, Texarkana, Texas, and the contract should be awarded to Four Thirteen Inc., in the amount of $345,155.10 in accordance with the unit prices bid and the other terms and conditions set out in the bid documents attached hereto as Exhibit "A"; and, WHEREAS, the form of the Agreement for such water and wastewater capital improvement projects, included in Exhibit "A" attached hereto, should in all things be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the bid of THREE HUNDRED FORTY FIVE THOUSAND ONE HUNDRED FIFTY-FIVE DOLLARS AND 10/100 ($345,155.10), submitted by Four Thirteen Inc., for the 2011-2012 Water and Wastewater Capital Improvements Project, which is net of the deductive alternate, is hereby accepted as the lowest responsible bid which provides the best value to the City and the contract for this project is hereby let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents attached hereto as Exhibit "A". Section 3. That the Mayor be, and he is hereby, authorized and directed to execute on behalf of the City of Paris, an Agreement with Four Thirteen Inc., substantially in a form similar to the draft agreement included in Exhibit "A" attached hereto. Section 4. That this resolution shall be effective from and after the date of passage. .~i o PASSED AND APPROVED this 13th day of February, 2012. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney Y~ I ;SUED FOR E~! D D.~~ CONSTf1UV'T1ON f"'IJ:\t` oSi~~.~. CONTRACT DOCUMENTS FOR 2011-2012 Budget Year Water and Wastewater Capital Improvements FOR City of Paris HEI #180037-28C October 2011 CITY OFFICIALS Mayor Arjumand Hashmi Mayor Pro-Tem Richard Grossnickle Council Members Joe E. McCarthy John Wright Robert Avila Edwin Pickle Matt Frierson Gene An erson Interim City Manager City Engineer Shawn Napier, P.E. Copyright 2011, Hayter Engineering, Inc. HAnER ENGINEERtNG, INC CON6ULTANf6 PLANlENB ENd1EfR6 TBPE F-000315 :~~5•'~ ~•OF r• '%.,~i o ~ ; • ~ : *~i w • 9 THOMAS l.FE PRUITT~ ~ ~ l ;A'0; 92767 •~.,1 _u-~.~ a? N41..'~~'~-~~~ EXH1B1t1.~..`~ -~8- 4445 SE Loop 286 Paris, TX 75460 Phone 903-785-0303 Fax 903-785-0308 TABLE OF CONTENTS Advertisement for Bids ..........................................................................................................................1 Instructions to Bidders .........2 Bid Bond . . 9 . . Bid .......1 l Statement of Bidder's Qualifications .......20 Notice of Awazd .......22 Agreement . . .......23 Resolution .......30 Performance Bond .......31 Payment Bond ......................................................................................................................................34 Certificate of Owner's Attomey ...........................................................................................................37 Notice to Proceed .................................................................................................................................38 Change Order .......................................................................................................................................39 Contractor's Receipt for Payment and Release of Liens ...................................................40 Release by Subcontractors and Suppliers ............................................................................................41 Consent of Surety to Final Payment ......42 Technical Specifications ......43 APPENDIX: General Condidons Supplemental General Conditions 39 ADVERTISEMENT FOR BIDS Project: 2011-2012 Budget Yeaz Water and Wastewater Capital Improvements Project No.: HEI #180037-28C Owner: City of Paris The City of Paris will receive sealed bids for the unit price general construction contract for the construction of approximately 3,004 LF of 2" - 8" waterlines, 2,320 LF of 6" and 8" sewer lines, and related appurtenances, until 3:00 p.m. on January 12, 2012, at City of Paris Council Chambers, 107 East Kaufinan Street, Paris, TX 75460, at which time bids will be publicly opened and read aloud in the Council Chambers. The Plans, Specifications, and other Contract Documents may be examined at the following places: City of Paris, City Hall, 135 SE 1S` Street, Paris, TX 75460. Hayter Engineering, Inc., 4445 S.E. Loop 286, Paris, TX 75460, 903-785-0303. Plans and specifications are available at www.civcastusa.com (no charge for plans and specifications). The OWNER reserves the right to waive any informalities or to reject any or all bids. Each BIDDER must deposit with his bid, security in the amount, form, and subject to the conditions provided for in the Information for Bidders. All bids shall remain good and may not be withdrawn for 90 calendaz days after the actual date of the opening thereof. Dated: 12/25/11 and 1/1/12 CITY OF PARIS 1 40 INSTRUCTIONS TO BIDDERS 1. Define Terms 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 subrnits 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 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. The refundability of said deposits shall be as described in said Advertisement or Invitation. 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. 4ualifications of Bidders To demonstrate qualifications to perform the Work, each Bidder must be prepazed to submit with.in five days of OWNER'S request, written evidence, such as financial data, previous experience, present commitrnents, other data outlined in the Statement of Bidder's Qualifications herein, and evidence of Bidder's qualification to do business in the state where the Project is located. 4. Examination of Documents 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 fatniliar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, sta.te 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 (e) notify ENGINEER of all conflicts, enors or discrepancies in the Contract Documents. 2 - 41 4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site, if any, is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities or other, and neither OWNER nor ENGINEER assume responsibility for the accuracy or compieteness thereof. 4.3 Provisions concerning responsibilities for the adequacy of da.ta fumished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the General Conditions. 4.4 Before submitting a Bid, each Bidder will be responsible to make or obtain such explorations, tests and data concerning physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site, or otherwise which may affect costs, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.5 On request in advance, OWNER will provide each Bidder access to the site to conduct such explorations and tests as ea.ch Bidder deems necessary for submission of a Bid. Bidder shatl fill all holes, cleanup and restore the site to its former conditions upon completion of such explorations. 4.6 The lands upon which the Work is to be performed, right-of-ways 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. 4.7 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 aze 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 5.1 All questions about the meaning or intent of the Contract Documents aze 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 five days prior to the date for opening of Bids may not be answered. Only 3 a_ 42 questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect, whether by ENGINEER, or by any officer, agent, or employee of OWNER or ENGINEER, or any other person. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER. 6. Bid Securitv 6.1 Each Bid must be accompani,,d 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, if a form is prescribed) issued by a surety, meeting the requirements of the General Conditions. 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 (15) days after the Notice of Award, OWNER may annul the Notice of 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 awazd may be retained by OWNER until the eazlier of the seventh (7th) day after the Effective Date of the Agreement or the ninety-f~rst (91 day after the Bid opening. Bid security with Bids which aze not competitive will be retained no more than seven (7) days after the Bid opening. In the event that Bid Security is in the form of a Bid Bond, it will not be physically returned to the Bidder, except on written request. 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 fmal payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8. Liquidated Dama es Provisions for liquidated damages, if any, aze set forth in the Agreement. 9. Substitute or "Or-Equal" Items The Contract, if awazded, will be on the basis of materials and equipment described in the drawings or 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 4 43 by ENGINEER is set forth in the General Conditions and may be supplemented in the Technical Specifications. 10. Subcontractors, Suppliers and Others 10.1 If the OWNER requests the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, sha11 within seven (7) days after the Bid opening submit to OWNER a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list sha11 be accompazued by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, persons or organization, if requested by OWNER. If OWNER or ENGINEER after due investigation has reasonable objection to any proposed Subconttactor, Supplier, other persons or organization, either may before the Notice of Awazd is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute without an increase in Bid price. If apparent Successful Bidder declines to make any such substitution, OWNER may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractors, Suppliers, other persons or organization listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Awazd will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement, as provided in Paragraph 6.06.B of the General Conditions. 10.2 In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to OWNER those portions of the Work that such Bidder proposes to subcontract and after the Natice of Award may only subcontract other portions of the Work with OWNER'S written consent. 10.3 No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other persons or organization against whorn 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. 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. - 1 41 11.3 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 incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appeaz under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The Bid shall contain an acknowledgement of receipt of alI Addenda (the numbers of which must be filled in on the Bid Form). 11.7 The address and telephone number for communications regarding the Bid must be shown. 12. Submission of Bids 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) and name and address 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. 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 aze to be submitted at any time prior to the opening of Bids. 13.2 If, witlun twenty-four (24) hours after Bids aze opened, any Bidder files a duly signed, written notice with OWNER and prornptly 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 wiil be opened and read aloud publicly. A tabulation of the Bids will be made available to Bidders after the opening of Bids. 6 1 45 15. Bids to Remain Subject to Acceptance All bids will remain subject to acceptance for ninety (90) 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 infornialities 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 esta.blished 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 correct sutn thereof will be resolved in favor of the conect sum. 16.2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such altemates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 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 Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating 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. 16.4 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid 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. 16.5 If the contract is to be awarded, it wili be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project. 16.6 If the contract is to be awazded, OWNER will give the Successful Bidder a Notice of Award within ninety days after the day of the Bid opening. 7 46 17. Contract Securitv The Contract Documents 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. Si ning 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 (15) days thereafter, CONTR.ACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within thirty (30) days thereafter, OWNER shall deliver one (1) fully signed counterpart to CONTRACTOR. 19. Prebid Conference No prebid conference will be held. 20. Power of Attornev - Bonds Attorneys-in-fact who sign Bid Bonds, Performance Bonds, or Payment Bonds, must file with each bond, a certified and effective dated copy of their power-of-attorney. 21. Retainage From each partial payment made to the CONTRACTOR, an amount equal to ten (10) percent will be retained until after the completion of the Work to the Satisfaction of the ENGINEER. 22. Venue If any legal action is filed upon the bid, performance or payment bonds, or upon the Contract itself, venue shall lie in the County in which the project site is located. 8 47 PENAL SUM FORM BID BOND IMPORTANT - Surety companies eaccuting BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be suthorized to transect businesa in the state w6ere the project is lceated. Any singuiar reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name and Address of Principal Place o, f'Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name and Include Location): BOND Bond Nurnber: Date (Not earlier than Bid due date): Penal sum (Words) $ (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER Bidder's Name and Corporate Seal By: Signar.:re Print Name Title Attest: Signature Print Name Title Attest: Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. EJCDC C430 Bid Bond (Penal Sum Form) Prepared by the Engieeers Joint Contract Docaments Comroittee. 9 Pase 1 of 2 SURETY (Seal) (Seal) Surety's Name and Corporate Seal By: Signature (Attach Power of Attorney) ~ ~ 4 S PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Uwner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereo fl. 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice wili be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concemed. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. EJCDC C430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contrsct Dceumenb Committee. 10 Page 2 of 2 V L ~ 49, ' 1 PROJECT IDENTIFICATION: CONTRACT IDENTIFICATION AND NUMBER: THIS BID IS SUBMITTED TO: 2011-2012 Budget Yeaz Water and Wastewater Capital Improvements HEI #180037-28C City of Paris l. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in Accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including, without limitation, those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has exaznined copies of all the Bidding Documents and of the following Addenda, receipt of all which is hereby acknowledged: Number Date (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect a,st, progress, performance or furnishing of the Work. (c) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, 11 - 50 explorations, tests and studies which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or fumishing of the Work as BIDDER considers necessary for the performance or furnishing the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data aze or will be required by BIDDER for such purposes. (d) BIDDER has reviewed and checked a11 information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of any and all Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similaz information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and fumish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. (e) BIDDER has correlated the results of a11 such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Docurnents. ( fl BIDDER has given ENGINEER written notice of a11 conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (g) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 12 51 4. BIDDER will complete the Work for the following price(s); BID SCHEDULE ESTIMATED NO. DESCRIPTION OUANTITY 1. Mobilization. 1 LS Water System Improvements: 2. 8" C-900 DR-18 PVC waterline, installed, tested, complete. 3. 6" C-900 DR-18 PVC waterline, installed, tested, complete. 4. 4" C-900 DR-18 PVC waterline, installed, tested, complete. 5. 2" Schedule 80 PVC. 6. 8" x 6" Tapping sleeve and valve with box and pad, installed, complete. 7. 6" Tapping sleeve and valve with box and pad, installed, complete. 8. 4" Tapping sleeve and valve with box and pad, installed, complete. 9. 6" Gate valve with box and pad, installed, complete. 10. Fire hydrant. 11. Remove fire hydrant. 12. Ductile iron fittings. 13. 6" Bore no encasement. 14. Asphalt street paving. L1NIT PRICE $ TOTAL PRICE $ 35 LF $ $ 2,931 LF $ $ 10 LF $ $ 20 LF $ $ 1 EA $ 2 EA $ $ 1 EA $ 10 EA $ 5 EA $ $ 2 EA $ $ 0.302 TN $ $ 40 LF $ $ 3,313 LF $ 13 52 15. Asphalt street repair, including saw-cut both sides of trench, base, installed. 16. Crravel drive repair. 17. Concrete street repair. 18. Sidewalk repair, including saw-cut both side of trench, base, installed. 19. Short side customer service transfer. 20. Long side customer service transfer. 21. Long side customer split tap service transfer. 22. Short side customer split tap service transfer. 23. Connect to existing 3" and smaller service lines. 24. Relocate 2" waterline. Wastewafer System Improvements: 25. 8" SDR 35 PVC sanitary sewer line, installed, tested, and cleaned up, excluding trenching. 26. 6" SDR 26 Class 160 PVC sanitary sewer line, installed, tested, and cleaned up, excluding trenching. 27. 6" SDR 35 PVC sanitary sewer line, installed, tested, and cleaned up, excluding trenching. 28. Standazd 6' deep manhole with inflow insert, installed, tested, and cleaned up. 1,319 LF . $ $ 19 LF $ $ 54 SY $ $ 10 SY $ $ 17 EA $ $ 21 EA $ $ 1 EA $ $ 1 EA $ $ 1 EA $ $ 1 EA $ $ 488 LF $ $ 733 LF $ $ 1,106 LF $ $ 4 EA $ $ 14 r . ~ 5.. 29. Special manhole (less than 36" deep), installed, tested, and cleaned up. 30. Standard 6' cieanout, cast iron cover, installed, tested, complete. 31. Remove manhole. 32. Abandon manhole. 33. 0-5' Trenching and backfill. 34. 5-8' Trenching and backfill. 35. Trench safety. 36. Near side customer service transfer 37. 4" Double sewer service. 38. Far side customer service transfer. 39. Customer service yard lines. 40. Asphalt street repair, including saw-cut both sides of trench, base installed. 41. Abandon existing lines. 42. Implement Stormwater Pollution Prevention Plan. TOTAL BID: 2 EA $ $ 3 EA $ $ 2 EA $ $ 1 EA $ $ 1,941 LF $ $ 312 LF $ $ 312 LF $ $ 19 EA $ $ 1 EA $ $ 24 EA $ $ 33 EA $ $ 1,72$ SY $ $ 14 EA $ $ 3 EA $ $ (USE WORDS) (FIGURES) 15 - 54 In the event the Base Bid project exceeds budget, the OWNER reserves the right to remove by the Deductive Alternate below the I1 `h and Dickson Street Water and Sewer work as shown on Page 2 of the Plans. DEDUCTIVE ALTERNATES: ESTIMATED UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE Water System Improvements: 1. 6" C-900 DR-18 PVC waterline, installed, tested, complete. 902 LF $ $ 2. 4" C-900 DR-18 PVC waterline, installed, tested, complete. 10 LF $ $ 3. 6" Tapping sleeve and valve with box and pad, installed, complete. 1 EA $ $ 4. 4" Tapping sleeve and vaive with box and pad, installed, complete. 1 EA $ $ 5. 6" Gate valve with box and pad, installed, complete. 6 EA $ $ 6. Fire hydrant. 3 EA $ $ 7. Remove fire hydrant. 1 EA $ $ 8. Ductile iron fittings. 0.204 TN $ $ 9. Asphalt street paving. 1,294 LF $ $ 10. Asphalt street repair, including saw-cut both sides of trench, base, installed. 20 LF $ $ 11. Gravel drive repair. 19 LF $ $ 12. Concrete street repair. 54 SY $ $ 16 c 13. Sidewalk repair, including saw-cut both side of trench, base, installed. 14. Short side customer service transfer. 15. Long side customer service transfer. Wastewater System Improvements: 16. 8" SDR 35 PVC sanitary sewer Iine, installed, tested, and cleaned up, excluding trenching. 17. 6" SDR 35 PVC sanitary sewer line, installed, tested, and cleaned up, excluding trenching. 18. Special manhole (less than 36" deep), installed, tested, and cleaned up. 19. Remove manhole. 20. 0-5' Trenching and backfill. 21. 5-8' Trenching and backfill. 22. Trench safety. 23. Near side customer service transfer. 24. 4" Double service transfer. 25. Faz side customer service transfer. 26. Abandon existing lines. TOTAL DEDUCTIVE ALTERNATE: 10 SY $ $ 6 EA $ $ 7 EA $ $ 488 LF $ $ 11 LF $ $ 2 EA $ $ 1 EA $ $ 213 LF $ $ 312 LF $ $ 312 LF $ $ 5 EA $ $ 1 EA $ $ 5 EA $ $ 3 EA $ $ $ (USE WORDS) (FIGURES) The OWNER reserves the risht to award the contract based on the base bid alone, or on the basis of the base bid olus anv combination _of water or sewer deductive alternate bid items. Contract time shall remain unchanged if the deductive alternate is taken or not. 17 - 56 5. BIDDER agrees that the Work will be substantially completed and ready for fmal payment within 105 calendar days after the date when the Contract Time commences to run, as provided in the General Conditions. BIDDER accepts the provisions of the Agreement as to $115 per calendar day liquidated damages in the event of failure to complete the Work on time. 6. The following documents aze attached to and made a condition of this BiD: (a) Required Bid Security in the form of 7. Communications concerning this Bid shall be addressed to the address of BIDDER indicated below. 8. The terms in this Bid, which are defined in the General Conditions of the Construction Contract, included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED on Of the above total - Base Bid, $ incorporated in the Work, and $ 20 is for materials actually is for all other costs. 18 - - 57 IF BIDDER IS: An Iadividual: BY (Seal) (Individual's Printed Name and Signature) doing business as. Business Address: Phone Number: A Partnership: BY (Seal) (Name of Firm) (General Partner's Printed Name and Signature) Business Address: Phone Number: A Corporation: Name of Corporation: State of Incorporation: By (Printed Name of Person Authorized to Sign and Signature) (Title) Attest: Business Address: Phone Number: (Printed Name and Signature of Secretazy) Corporate Seal) A Joint Venture: By Address: By Address: (Printed Name and Signature) Phone: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) 19 Phone: (Printed Name and Signature) 58 STATEMENT OF BIDDER'S QUALIFICATIONS (To be subrnitted by the BIDDER ONLY upon the request of the OWNER) To allow the OWNER to deternune the lowest responsible BIDDER, the following information shall be provided. Atta.ch separate sheets as needed. 1. Name of BIDDEA 2. Type of organization, i.e., corporation, sole proprietor, partnership, etc. 3. Permanent main office address. 4. When organized. 5. If a corporation, where incorporated. 6. State how many years have you been engaged in the contracting business under your present firm or trade name, and give all other names under which your organization has operated in the last 10 years. 7. State the name of a11 corporate officers, or partners, or the owners, as appropriate. 8. State the company tax identification number, or, if a sole proprietor, the proprietor's social security ntunber. 9. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate dates and current percent of completion). Provide name, address, and telephone number of the project owner and the engineer. 10. General chazacter of work performed by your company. 11. Have you ever failed to complete any work awarded to you? 12. Have you ever defaulted on a contract? If so, where and why? 13. List your important projects recently completed by your company, and for whom, stating the approximate cost for each, and the month and year completed. Provide name, address, and telephone number of the project owner and engineer. 14. List your major equipment available for this contract. 15. Experience in construction work similar in importance to this project. 16. Background and experience of the principal members of your organization, including the officers and the proposed Project Superintendent. 20 - 59 17. Credit available. 18. Give three credit references, one of which must be a financial institution. 19. State the name and address of each of your Workmen's Compensation insurance carriers for the last 5 years. 20. List each claim made against you by your employees or third parties for personal injury, death, or property damage in each of the last 3 years. 21. List any and all litigation including arbitration, administrative proceedings, and mediation in which you have been a plaintiff or defendant involving any owner, architect or engineer over the past 5 years. This list should be in sufficient detail to explain the positions of the various parties and the ultimate outcome as to the damages awarded (if any). This list shall be considered material as respects the final awarding of any contract connected with the bid. (State "none" or submit information on attached sheet). 22. The undersigned hereby authorizes and requests any person, firm, or corporation to futxiish any information requested by the OWNER in verification of the recitals comprising this Statement of Bidder's Qualifications Dated at , this STATE OF COUNTY OF , of day of 20 Name of Bidder By: Title: being duly sworn, deposes and says that he is and that the answers to the foregoing questions (name of contractor) and all staternents therein contained aze true and conect. Subscribed and sworn to before me this day of 520 Notary Public My commission expires: 21 - 60 Notice of Award Date: Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Bidder: Bidder's Address: [send Notice ofAward Certified Mail, Return Receipt Requested] You are notified that your Bid dated for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for [Indicate total Work, alternates, or sections of Work awarded.] The Contract Price of your Contract is Dollars [Insert appropriate data if unit prices are used. Change language for cost plus contracts.] copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SG5.01). 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. Owner By: Authorized Signature Title Copy to Engineer EJCDC C-510 Notice of Awsrd 22 Prepared by the Engioeere Joint Contract Documents Committee and endorsed by t4e Constructiort Specificatioos InsNtute. Page 1 of l 91 AGREEMENT THIS AGREEMENT is dated as of the day of in the year 20 , by and between the City of Paris, Texas, a home rule municipal corporation located at 135 ls` Street SE, Paris, TX 75460 (hereinafter called CITY) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article l. WORK CONTRACT(JR shall complete a11 Work as specified or indicated in the Contract Documents. The Work project is generally described as follows: 2011-2012 Budget Year Water and Wastewater Capital Improvements HEI #180037-3$C Article 2. ENGINEER The Project has been designed by Hayter Engineering, Inc., Paris, Texas, who is hereinafter called ENGINEER and who is to act as CITY'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be substantially completed and ready for final payment within 105 consecutive calendar days from the effective date of this Agreement or from the date of the Notice to Proceed, whichever is later. 3.2 Liquidated Damages. CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or azbitration proceeding the actual loss suffered by CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, CITY and CONTR.ACTOR agree that as liquidated damages for delay (but not as a penalty) CONTR.ACTOR shall pay CITY $115 for each calendar day that expires after the time specified. 23 _ ~ 62 Article 4. CONTRACT PRICE CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: At the unit prices shown on the Unit Price Bid Schedule included in the Contract Documents. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by ENGINEER, as provided in the General Conditions. The CITY shall retain 10% of the amount of each payment until final completion and acceptance of ail Work covered by the Contract Documents. When the Work is substantially complete, the retained amount may be reduced to 5%, at the CITY'S discretion. Article 6. INTEREST If the contract amount of this contract is less than $400,000, no interest will be paid to the CONTRACT4R on retained money. When the contract amount exceeds $400,000, no interest wili be paid unless required by law. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that, in any manner, may affect cost, progress, performance or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions, if any, which are contained or identified in the Contract Documents, and accepts the deterrnination set forth in the Contract Documents of the extent of the technical data contained in such reports and drawings upon which C4NTRACTOR is entitled to rely. 7.3 CONTR.ACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such exatninatians, investigations, explorations, tests, reports and studies in addition to, or to supplement, those referred to above, which pertain to the subsurface or physical conditions at or contiguous to the site, or otherwise may affect the cost, progress, performance or fumishing of the Work as CONTRACTOR considers necessary for the performance or fiunishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the 24 ~ . . ~ . Contract Documents, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are, or will be, required by CONTRACTOR for such purposes. 7.4 CONTR.ACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities, whether indicated in the Contract Docu.ments, or not. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are, or will be, required by CONTRACTOR in order to perform and fumish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.7 CONTRACTOR has reviewed and fully agrees to the limitation of liability provisions included in the Supplementary Conditions. 7.8 CONTRACTOR certifies that they are eligible to be awarded government contracts. CONTRACTOR also certifies that any agreement entered into with a subcontractor will contain a clause stating that the subcontractor is eligible to be awarded government contracts. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement 8.2 Bid and Bid Schedule, Advertisement, and Information or Instructions to Bidders 8.3 Performance and Payment Bonds 8.4 Notice of Award and Notice to Proceed 8.5 General Conditions and modifications thereto, if any, such are included 8.6 Supplementary Condidons 25 64 8.7 Technical Specification prepared or issued by Hayter Engineering, Inc. dated October 2011. 8.8 Drawings, consisting of sheets numbered 1 through 8, inclusive with each sheet bearing the following general title: 2011-2012 Budget Year Water and Wastewater Capital Improvements 8.9 Addenda numbers to , inclusive. 8.10 Documentation submitted by CONTRACTOR prior to Notice of Award, identified as 8.11 The following, which ma.y be delivered or issued after the Effective Date of the Agreement and aze not atta.ched hereto: All written Amendments, change orders, and other documents amending, modifying, or supplementing the Contract Documents pursuant to the Generai Conditions. There are no contract Documents other than those listed above in this Article The Contract Documents may only be amended, modified or supplemented, as provided in the General Conditions. Article 9. INSURANCE AND INDEMNIFICATION That CONTRACTOR must, at all times during the term of this Agreement, keep and maintain in full force and effect a policy ar policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries, or property damages sustained as the result of the negligence of CONTRACTOR, its agents, servants, or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and rnust be written and issued by a reputable insurance company or companies in sound financial condition and authorized to write commercial insurance policies in Texas by the State of Texas. The CITY, its elected officials, officers and employees shall be listed on said insurance policies as an Additional Insured and futly covered as an Additional Insured throughout the term of this Agreement and through all warranty periods provided herein, and shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1 st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this Agreement, and any extensions hereof, and specifically noting thereon that CITY is an additional insured while CONTRACTOR is on property owned by CITY. All such policies shall be written so that the CITY will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice 26 65 shall be by certified mail, retuin receipt requested, addressed to the CITY at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. The CONTRACTOR and his sureties shall indemnify, defend and save harmless the OWNER and all of its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of the operations of the CONTR.ACTOR, his agents, ernployees or subcontractors; or on account of any negligent act or fault of the CONTR.ACTOR, his agents, employees or subcontractors in the execution of said contract; or on account of the failure of the CONTRACTOR to provide the necessary barricades, warning lights or signs; and shall be required to pay any judgment, with cost including attomeys fees, which rnay be obtained against the OWNER growing out of such injury or damage. The CONTR.ACTOR likewise covenants and agrees to, and does hereby, indemnify and hold hamiless the OWNER from and against any and all injuries, loss or damages to property of the OWNER during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses or invitees of the OWNER. Article 10. MISCELLANEOUS 10.1 Terms used in the Agreement, which are defined in Article I of the General Conditions, will have the meanings indicated in the General Conditions. 10.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the pariy sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.3 CITY and CONTRACTOR each binds himself, its partners, successors, assign, and legal representatives to the other party hereto, its partners, successors, assign and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 11. NOTICE Any notice required by this Agreement shall be in writing and may be delivered in person or by certified mail, return receipt requested addressed accordingly: 27 66 CITY City Manager City of Paris P. O. Box 9037 Paris, TX 75460 With an additional copy to: City Cterk City of Paris P. O. Box 9307 Paris, TX 75460 Article 12. NON-WAIVER CONTRACTOR No waiver of the either party's rights under this Agreement shall be deemed to have been made unless expressed in writing and signed by an authorized representative of that Party. Article 13. SEVERA.BILITY The provisions of this Agreement are severable, and if any provision or part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement shall not be affected thereby. Article 14. EXCLUSIVE VENUE The parties agree that the laws of the Sta.te of Texas shall govern this Agreement, and that all aspects of this Agreement are performable in Lamar County, Texas. Exclusive venue for any claim or lawsuit arising out of or related to this Agreement shall lie in Lamar County, Texas. Article 15. OTHER PROVISIONS None. 28 - - 67 IN WITNESS WHEREOF, CITY and CONTR.ACTOR have signed this Agreement in multiple copies. One counterpart each has been delivered to CITY, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by CITY and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on , 20 OWNER: CONTRACTOR: By: (Corporate Seal) Attest: ay: (Corporate Seal) Attest: 29 RESOLUTION OF I hereby certify that it was RESOLVED by a quonun of the directors of , meeting on the day of , 20_, that (Title) (Name) be, and hereby is, authorized to execute all documents necessary to the transaction of business in the State of Texas on behalf of the said , and (Name of Corporation) That the above resolution was unanimously ratified by the Board of Directors at said meeting and that the resolution has not been rescinded or amended and is now in full force and effect; and In authentication of the adoption of this resolution, I subscribe my name and affix the seal of the corporation this day of , 20_ Secretary Seal 69 30 PERFORMANCE BOND STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § That hereinafter called "Principal," and , a corporation organized and existing under the laws of the State of , and fulty licensed to transact business in the State of Texas, hereinafter called "Surety," are held and firmly bound unto the CITY OF PARIS, TEXAS a home-rule municipal corporation, hereinafter called "Beneficiary," in the penal sum of DOLLARS ) plus fifteen percent (15%) of the stated penal sum as an additional sum of money representing additional court expenses, attomeys' fees, and liquidated damages arising out of or connected with the below identified Contract in lawful money of the United States, to be paid in Lamar County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE 4BLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain written Contract with the Beneficiary, dated the day of , , A.D. which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: ^ NOW, THEREFORE, if the Principal shall well, truly and faithfully perfonn and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Beneficiary; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good 31 PERFORMANCE BOND 70 PAGE 1 any default or deficiency, then this obligation shall be void; othervvise, it shall remain in fu11 force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Lamar County, Texas. 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 or the Specifications accompanying the same shafl in anywise 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. This Bond is given pursuant to the provisions of V.T.C.A., Government Code Section 2253.001, et seq., and any other applicable statutes of the State of Texas. The undersigned and designated herein as the Resident Agent in requisite notices may be delivered and rnatters arising out of such suretyship, Article 7.19-1. agent is hereby designated by the Surety County, Texas to whom any on whom service of process may be had in as provided by V.A.T.S., Insurance Code fN WITNESS WHEREOF; this instrument is executed in copies, each one of which shall be deemed an original, this, the day of , 2010. PRINCIPAL: Address ATTEST: ATTEST: The Resident Agent of the Surety notice and service of process is: Tel. No. BY: TITLE: 3iL'II=l" Address Tel. No. BY: TITLE: County, Texas, for delivery of PERFORMANCE BOND - 71 PAGE 2 32 NAME: STREET ADDRESS: CITY, STATE, ZIP: For additional information on the above named Surety company you may contact the Texas Department af Insurance at (800)578-4677. NOTE: Date on Paae 1 of Performance Bond must be same date that Citv Council awarded Contract. Date on Pacre 2 of Performance Bond must be after the date that Citv Council awarded the Contract. If Resident Agent is not a corporation, give a person's name. 33 PERFORMANCE BOND 72 PAGE 3 PAYMENT BOND STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § That , hereinafter called "Principal," and , a corporation organized and existing under the laws of the State of , and fully licensed to transact business in the State of Texas, hereinafter "Surety," are held and firmly bound unto the CITY OF PARIS, TEXAS, a home-rule municipal corporation, hereinafter called "Beneficiary," and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements described below, in the penal sum of DOLLARS ) in lawful money of the United States, to be paid in Lamar County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Suppfemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain written Contract with the Beneficiary, dated the day of A.D. which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: -NOW, THEREFORE, if the Principal shall well, truly and faithfully perForm its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in fu11 force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Lamar County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, 34 73 alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of V.T.C.A., Government Code Section 2253.001, et seq., and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in County, Texas to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by V.A.T.S., Insurance Code Article 7.19-1. IN WlTNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of .2010. PRINCIPAL: Address Tel. No. ATTEST: ATTEST: BY: TITLE: SURETY: Address Tel. No. BY: TITLE: 35 74 The Resident Agent of the Surety in County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: For additional information on the above named Surety company you may contact the Texas Department of Insurance at (800)578-4677. NOTE: Date on Page I of Payment Bond must be same date that Citv Council awarded Contract. Date on Pa4e 2 of Payment Bond must be after the date that Citv Council awarded the Contract. If Resident Agent is not a corporation, give a person's name. 36 75 CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, , the duly authorized and acting legal representative of the City of Paris, do hereby certify as follows: I have examined the attached contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representa.tives; that said representatives have fu11 power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Signature Date 37 76 Notice to Proceed Date: Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Coniractor: Contractor's Address: [send Certified Mail, Return Receipt Requested] You aze notified that the Contract Times under the above Contxact will commence to run on . On or before that date, you aze to start perfornvng your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is Before you may start any Work at the Site, Paragraph 2.01.B of the Generat Conditions provides that you aud Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: Copy to Engineer [add other requirements]. Owner Given by: Authorized Signature Title Date EJCDC GSSO Notice to Proceed 38 Prepared by t6e Engineers Joint Contract Documents Committee snd endorsed by t6e Constructlon Specificstions Iastitute. Page 1 of 1 77 Change Order No. Date of Issuance: Project: Project No.: Owner: Date of Contract: Contractor: The Contract Documents are modified as follows unon executioa of this Chanee Order: Description: Justification: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIlVIES: Original Contract Price: Original Contract Times: Substantial completion days: $ Substantial completion date: [Increase] [Decrease] from previously approved [Increase] [Decrease] from previously approved Change Orders Change Orders No. to No. • No. to No. Substantial compietion days: $ Substantial completion date: Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion days: $ Substantial completion da.te: (Increasel [Decrease] of this Change Order: [lncrease] rDecreasel of this Change Order: Substantial completion days: $ Substantial completion date: Contract Price incorporating this Change Order: Contract Times with a11 approved Change Orders: Substantial completion days: $ Substantial completion date: RECOMNIENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Date: Date: Date: 39 78 CONTRACTOR'S RECEIPT FOR PAYMENT AND RELEASE OF LIENS PROJECT: CONTRACTOR acknowledges receipt this date from , as full and final payment for the cost of the improvements provided for in the above referenced contract between (OWNER) and (CONTRACTOR) dated 120 the sum of doliars, being the remainder of the full amount accruing to the CONTRACTOR by virtue of said contract, including full payment for the cost of any extra work and material furnished by CONTRACTOR in the construction of said improvements, and all incidentals thereto. Further, CONTRACTOR hereby releases OWNER and ENGINEER, and their employees, subconsultants, and agents from all liens, claims, complaints or actions whatsoever growing out of said contract, and Further, CONTRACTOR hereby certifies that all persons, corporations, or other entities doing work upon, or fiunishing materials for, said improvements under the above referenced contract have been paid in full. In witness whereof the undersigned has hereto set his hand and seal this day of , 20_ CONTRACTOR: BY: (COR.POR.ATE SEAL) Subscribed and sworn to before me this day of , 20 Natary Public My commission expires 40 79 RELEASE BY SUBCONTRACTORS AND SUPPLIERS The undersigned, having received payment in full for all labor, materials, supplies, or equipment supplied to (CONTRACTOR), or to any subcontractor, for the construction of the project referred to as , located in Texas (Project Number does hereby release and waive any and all claims, liens, and lien rights, of any kind, nature, or description whatsoever, against said project and the Owner thereof, and against said CONTRACTOR. (Name of Supplier, Subcontractor, Etc.) By: Date: Work or Material: Amount: $ Subscribed and sworn to me this day of 520 Notary My commission expires: 41 80 CONSENT OF SURETY COMPANY TO FINAL PAYMENT PROJECT: CONTRACT DATE: OWNER: CONTRACTOR: Tn accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) on Bond of (here insert name and address of Contractor , SURETY COMPANY, ,CONTRACTOR, hereby approves of the fmal payment to the Contractor, and agrees that final payment to the Contract, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name of Owner) , OWNER, as set for in the said Surety Company's Bond No. , dated IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , Surety Company Attest (SEAL) Signature of Authorized Representative Title 42 81