Resurfacing City Wide 2023

This project consists of: Asphalt roadway milling and sealing ADA curb ramps Sidewalks Curb & Gutter Traffic Striping Video Detection Systems The Contractor shall, upon authorization by the City, give notice of completion by an advertisement in a newspaper of general circulation published within the city or county in which the work has been done, for a period of four (4) consecutive weeks. A final settlement shall not be made upon the contract until the expiration of thirty (30) days after the completion of the notice. Proof of publication of the notice shall be furnished to the City. Contract time: 240 calendar days Bids shall be accompanied by a cashiers check drawn on an Alabama bank, or a bid bond executed by a surety company duly authorized and qualified to make such bonds in the State of Alabama, in an amount equal to 5% of the bid (subject to maximum of $10,000) and payable to the City of Birmingham. Bid bonds of the three (3) lowest bidders will be held for a period of ninety (90) days unless bidders agree, in writing, to a longer period of time. No bid may be withdrawn after the scheduled closing time for the receipt of the bids for a period of ninety (90) days. A performance bond in an amount equal to 100% of the contract amount and a payment bond in an amount equal to 100% of the contract amount will be required of the successful bidder. Said bonds shall be executed by a surety company duly authorized and qualified to make such bonds in the State of Alabama. Failure to submit these bonds will result in the successful bidders bid being rejected. Contractor understands, acknowledges and agrees that it is responsible for purchasing and supplying all building materials and construction materials that are to be included in the Project (Materials), and that it, not the City, is exclusively obligated to compensate vendors who furnish those Materials. Further, the Contractor and City intend that the Contractor utilize the procedures for exemption of state and local sales and use taxes on Materials that is contemplated by HB 419, Ala. Acts 2013 (the Act) to preclude the imposition of those taxes on the Project, and to account for the sales and use tax savings in the bid form for the Project. To that end, Contractor agrees that, no later than fifteen (15) days after the City notifies the Contractor of its selection to perform the Project, it will secure the sales and use tax exemption certificate that is contemplated in Section 1 (b)(2) of the Act (the Tax-Free Certificate), and that the City may refuse to award a contract for the Project (or withdraw any award) if Contractor does not furnish a copy or other proof of that Certificate to the City by that date. Further, following the award of that contract, Contractor agrees to use such Certificate for all purchases of Materials in a manner that complies with the Act, to file reports of tax exempt purchases with the Department of Revenue as contemplated in the Act and otherwise comply with any rules, regulations or other requirements that may be promulgated by the Department of Revenue or other divisions of the State of Alabama in connection therewith. Contractor further agrees as follows to defend, indemnify and hold the City (and any of its employees, officials and representatives) harmless from any actions, demands, losses, expenses (including reasonable attorneys fees and litigation costs) and claims asserted by any third party (including, but not limited to, the State of Alabama) that arise out or result from Contractors use or misuse of its Tax Exempt Certificate, its failure to comply with the Act (or rules and regulations concerning that Act) or its breach any of its covenants in this provision. Additionally, Contractor further agrees to (a) maintain records of its purchases of Materials and other transactions related to the Project for a period of no less than eighteen (18) months following its completion, and (b) at the request of the Citys Director of Finance or other Director or their designees (the City Representatives), provide for inspection at a designated time and place all books and records, accounts, statements, evaluations, and other documents needed by the City Representatives to conduct an audit or financial/operational review of the following subjects: the purchase of Materials on the Project; amounts billed by Materials vendors; amounts paid by Contractor to Materials vendors; and all records related to Contractors compliance with its obligations under this provision and the contract for the Project. If Contractor refuses to honor Citys request for an audit or documentation related to such matters within ten (10) days after that request, that refusal shall constitute a material breach of the contract for the Project. The Contractors bid shall not include sales tax, but the sales tax for the base bid and all bid items must be included on the Contractors Form of Proposal. Form of Proposal-Attachment, Section 00201, indicates how the sales tax shall be accounted for on the Form of Proposal. Failure of the Contractor to complete the attachment to the Form of Proposal indicating the sales tax as required by the Act, Section 1 (g) shall render the bid nonresponsive. Liability insurance certificates shall be required of the successful bidder and such certificates shall list the City of Birmingham, its employees and agents as additional named insured. The insurance certificate shall be submitted prior to being awarded the contract. Failure to submit this certificate will result in the successful bidders bid being rejected. Only Contractors licensed as required by Chapter 8 of Title 34, Section 1-26 inclusive, Code of Alabama 1975, as may be amended, may submit bids and be considered. The successful bidder will be required to provide a copy of his or her current City of Birmingham business license prior to being awarded the contract. Failure to submit this document will result in the successful bidders bid being rejected. Bids shall be submitted in a sealed 9.5 x 12.5 envelope marked Resurfacing City Wide 2023. Contractors shall write on the outside of the sealed bid envelope his or her State of Alabama general contractors license number as well as the name of the company submitting the bid. The sealed bid envelope shall contain the following documents: (1) a copy of the State of Alabama general contractors license, (2) bid bond, (3) the Form of Proposal with Sales Tax Attachment, (4) the Authorization to Execute form, (5) MBE/DBE Quotation Report and Form D, and (6) any other document(s) required by special conditions. If the documents cited are not included and requested information is not provided as indicated, the bid will be considered nonresponsive and will not be read. The successful bidder will be required to execute and submit the Construction Certification form prior to being awarded the contract. Failure to submit this form will result in the successful bidder bid being rejected. In accordance with the bid documents, the prime contractor must submit a list of the names of the subcontractors and vendors to be used on the project to the City Engineer for review. The City Engineers written consent must be obtained before a notice to proceed will be issued. Minimum wages specified in the applicable wage determination issued under the Davis-Bacon and Related Acts, if applicable, and included as a part of the bid specifications must be paid all laborers and mechanics employed or working the construction or development of the project. Also required by all contractors and subcontractors is compliance with the Federal Labor Standards Provisions (HUD 4010) included as a part of the bid specifications. Special attention is called to the applicability of the Birmingham PlanConstruction Industry Program to this project. Under this Program the utilization of Minority Business Enterprises and Disadvantaged Business Enterprises (MBE/DBE) is encouraged on a voluntary basis. The Construction Industry Authority establishes a system of floating MBE/DBE goals which may differ from year to year and project to project. Overall, these goals shall not be less than the historical participation of MBE/DBE's in construction projects of the City and its agencies. Additional information about this Program may be obtained from the Executive Director, Birmingham Construction Industry Authority at 3600-4th Avenue, South, Birmingham, AL, 35233; telephone (205) 324-6202. For federally funded contracts, the provisions of the Presidents Executive Order 11246 and federal agency regulations requiring affirmative action to achieve employment and utilization of minority persons and businesses, and the DavisBacon Act provisions are applicable. As a matter of public policy, the City of Birmingham agrees to make opportunities available to the maximum extent possible, to actively include Historically Underutilized Business Enterprises (HUBEs) such as architectural firms, engineering firms, investment banking firms, other professional consultant services providers, and construction contractors as part of business, economic and community revitalization programs. In accordance with Alabama Act 94-487 (Alabama Underground Utilities Damage Prevention Act), all contractors are required to contact all underground facility owners directly if said owners are not members of Alabama One Call (www.al1call.com)) A copy of the act can be reviewed in the Office of the City Engineer, Room 220, City Hall. 27. A Weekly Payroll affidavit (certified payroll), Form No. WH347 Department of Labor Wage Hour Division, will be required on all contracts. 28. As per Act No. 97-225, the amount due the Contractor under the terms of the contract shall be paid upon the Contractors presentation of: (1) a properly executed and duly certified voucher for payment; (2) a release, if required, of all claims and claims of lien against the municipality arising under and by virtue of the contract, other than such claims of the Contractor, if any, and; (3) proof of advertisement as provided by law. All work contemplated by this project shall comply with the American with Disabilities Act. The contract includes the bid specifications and proposal, contract forms and contract bonds, specifications, supplemental specifications (if any), special provisions (if any), general and detailed plans, notice to proceed, any change orders and supplemental agreements that are required to complete the construction of the work in an acceptable manner, including authorized extensions thereof, and such other documents as by law or references are made a part thereof, all of which constitute one instrument. The successful bidder shall acknowledge and agree that the City has the right to deduct from the total amount of consideration to be paid, if any, to the successful bidder under the contract all unpaid, delinquent, or overdue license fees, taxes fines, penalties and other amounts due the City from the successful bidder. All estimates, after the first one, shall be accompanied by a Partial Release of Lien Form, in the form provided in the contract, signed and attested by all subcontractors that received payments on the previous estimate. The approximate principal materials and quantities are as follows: 1.5" Milling of Asphalt - 615,000 SY, Asphalt Seal - 55,000 Tons, ADA Curb Ramps - 165 Each, 4" Concrete Sidewalk - 750 SY, Video Detection Systems - 15 Cards & 22 Cameras, Traffic Striping

Division 03 -

Concrete, Cast-in-Place Concrete.