Unit 53 Arden S.R. 80 & Onsite Earthwork, Roadway, Drainage & Utility Improvement Project for Northern Palm Beach County Improvement District

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1 MUST BE SUBMITTED IN TRIPLICATE BIDDER: PROJECT: Unit 53 Arden S.R. 80 & Onsite Earthwork, Roadway, Drainage & Utility Improvement Project for Northern Palm Beach County Improvement District PROJECT NO.: 571 DATE: (Bid Submitted on) SECTION THIS BID IS SUBMITTED TO: Northern Palm Beach County Improvement District c/o ARCADIS US, Inc Vista Parkway, Suite 305 West Palm Beach, FL 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: (a) dealing with the disposition of Bid security and (b) to the extent that any of the Bidding Documents are subject to the public records exemption set forth in Chapter 119, Florida Statutes, the BIDDER agrees to maintain the non-disclosure status of said documentation and information in accordance with the terms and provisions of said statute and by requesting or receiving such documentation or information is bound by this requirement. This Bid will remain subject to acceptance for 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 15 days after the date of OWNER s Notice of Award. If the Work is to be awarded, Owner is expected to give the Successful Bidder a Notice of Award within 90 days after the day of the Bid opening for the Base Bid amount only with a conditional award of specific Alternates, all of which are subject to receipt of funding. Contractor is advised that Bid pricing for Alternates is to be held for a maximum of 120 days past the date of the original Base Bid Notice of Award. Alternates for public work which have not been funded and a Notice of Award not issued within the 120 day period may be subject to price adjustments through negotiation or cancellation. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

2 (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number (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 cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Division 1: General Requirements as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in Division 1: General Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of 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 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER 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 said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish 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 4.3 of the General Conditions. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) commencing performance of Work in an area, CONTRACTOR shall be held responsible for and be deemed to have determined that such area is in suitable condition to perform the Work and that the Contract Price is sufficient to cover all of the Work, including the risks, hazards and difficulties in connection therewith, including without limitation, any concealed or subsurface conditions which may be encountered during performance of the Work. (i) 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

3 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. (j) All costs associated with permit application and inspection fees as a result of this work will be paid for by the Owner. A line item allowance has been included on the Schedule of Values to cover the actual cost of permit and inspection fees. Contractor shall submit invoices for costs associated with permit and inspection fees to be applied to allowance. The unused portion of the allowance, if any, will be taken as a credit to the overall contract cost on final invoice. (k) Bidder understands that pursuant to Section (5), Florida Statutes, state officers, employees, agencies, special districts, boards, commissions, contractors, and subcontractors must cooperate with Inspector General(s) of the State of Florida in any investigation, audit, inspection, review, or hearing and agrees to comply accordingly. 4. BIDDER will complete the Work for the following price(s): BIDDER agrees to perform all the Work described in Contract Documents, subject to adjustments as provided therein or as negotiated, for either the prices BIDDER provides on the Schedule of Values, Unit Price Schedule or as thereafter negotiated. 5. Each BIDDER waives any claim it has or may have against the Owner, Engineer, District Engineer and their respective employees and/or consultants, that may arise out of or in connection with the administration, evaluation or recommendation of any bid or proposal for this Project. 6. The Base Bid Work will be substantially completed within 150 calendar days for the S.R. 80 Improvements Base Bid after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph of the General Conditions within 30 days calendar days after substantial completion. The Work for Alternates that are awarded will be substantially completed within 210 days for Alternates 1A and 1B (South); 335 days for Alternates 1A and 1B (North); and 180 days for Alternates 2A, 2B, 3A,3B, 4A, 4B, 5A & 5B after the time that a Notice of Award and an applicable Notice to Proceed is received for such Alternate, and completed and ready for final payment in accordance with paragraph of the General Conditions within 30 days calendar days after substantial completion. Work - Anticipated - Substantial Completion - Final Completion Notice to Proceed Issued (Days) (Days) S.R.80 - Sept ALT: 1A/1B (South) - Oct ALT: 1A/1B (North) - Oct ALT: 2A/2B - Nov ALT: 3A /3B - Dec ALT: 4A /4B - Dec ALT: 5A /5B - Dec Subject to a timely issuance of a Notice of Award (without Conditions) and Notices to Proceed Lakes 2, 3, 4 and the south half of Lake 1(as denoted on the Key Map Exhibit attached as Appendix C) need to be completed by July 1, The north half of Lake 1 (as denoted on the Key Map Exhibit) has a completion date of October

4 BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. BIDDER accepts the provisions of the Private Contract Agreement as to liquidated damages in the event of failure to achieve substantial completion of the private work within the Contract Time. 7. The following documents are attached to, incorporated herein, and made a condition of this Bid: (a) Required Bid Security in the form of. (b) Bidder s Qualification Form (Page(s) BQF 1-11). (c) Schedule of Values (Bid Proposal Form page through ). (d) Schedule of Subcontractors (Page(s) SUB-1). (e) Highland Dunes Associates Property LLC s Sample Contract- Private Contract (f) This space intentionally left blank. 8. Communications concerning this Bid shall be telephoned or addressed to: the phone number and address of BIDDER indicated below. 9. Bidder has reviewed, studied and become familiar with the Private Contract, including all exhibits thereto, accepts all the provisions thereof with respect to the private work and intends to enter into a contract agreement with the private developer for the private work, at the private developer s sole discretion, in the form incorporated in the Bid Documents as Appendix A 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 Contract Documents. 10. The terms used 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. 11. BIDDER s Florida Contractor s License No BIDDER covenants that it is qualified to do business in the State of Florida and has attached evidence of BIDDER s qualification to do business in the State of Florida, or if not attached, BIDDER covenants to obtain such evidence within five days of request by OWNER to provide evidence. 13. BIDDER covenants that it is qualified to do business in Palm Beach County, Florida and has attached evidence of BIDDER s authorization to do business in Palm Beach County, Florida, together with appropriate State of Florida licenses and/or appropriate Palm Beach County Certificates of Competency as required to complete the Work

5 14. If BIDDER is: An Individual doing business as (Individual s Name) A Partnership (Firm Name) (General Partner) A Corporation/LLC (Corporation Name/LLC) (State of Incorporation) (Name of Person Authorized to Sign) (Title) (Corporate Seal if Applicable) Attested :

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