CITY OF BIRMINGHAM DEPARTMENT OF PLANNING, ENGINEERING & PERMITS ARCHITECTURAL DIVISION

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1 CITY OF BIRMINGHAM DEPARTMENT OF PLANNING, ENGINEERING & PERMITS ARCHITECTURAL DIVISION WILLIAM A. BELL, SR. MAYOR ROOM 220 CITY HALL 710 NORTH 20TH STREET BIRMINGHAM, ALABAMA INVITATION TO BID ANDRE V. BITTAS DIRECTOR Sealed bids for FLOORING REPLACEMENT AT DAVID J. VANN MUNICIPAL JUSTICE CENTER AND COMER BUILDING for the City of Birmingham, located at th Street, North and th Street, North Birmingham, AL will be received by the City Architect in Conference Room 215 Birmingham City Hall, Birmingham, Alabama until 2:00 p.m., Thursday, June 23, 2016 at which time and place they will be publicly opened and read aloud. All bids must be on a lump sum basis. Bids are to be submitted in duplicate on the Proposal Form provided with specifications. No pre-qualification of bidders will be conducted prior to receiving bids. Under the Alabama State Code, Section , as amended by Act #97-225, it is required for any contract exceeding $50,000 that the Bidder submit with his bid, either a cashier's check, drawn on an Alabama bank, or a bid bond, executed by a surety authorized and qualified to make bonds in Alabama, payable to the City of Birmingham, in an amount (subject to a maximum of $10,000.00) equal to five percent (5%) of the bid. In order for a bid to be considered, it must be accompanied by an acceptable bid bond or cashier's check. Any bid submitted for an amount of $50,000 or more, the bidder must be a licensed general contractor in the State of Alabama in accordance with Section 34-8, of the Alabama State Code. Contractor's license number shall appear on the outside of the envelope used to submit bid. A Performance Bond in the amount of 100% of the contract amount and a Statutory Labor and Material Payment Bond in the amount of 100% of the contract amount will be required from the successful bidder at the signing of the contract. Also, proof of insurance will be required when the contract is signed. The City will review bonds and insurance and execute the contract within twenty (20) days unless the successful contractor agrees to an extension in writing.

2 INVITATION TO BID Page 2 of 3 A Pre-bid Conference to review and discuss the project will be held at 10:00 a.m. on Thursday, June 16, 2016 in Conference Room 215, Birmingham City Hall. Bid documents are opened to public inspection at the Department of Planning, Engineering and Permits Architectural Division, Room 220 City Hall, th Street North Birmingham, AL Electronic version of the bid documents may be viewed online at McGraw-Hill Construction Dodge, AGC/iSQFT Plan Room, Reed Construction Data, and at the Birmingham Construction Industry Authority, 3600 Fourth Avenue South, Birmingham, AL Bid documents may be viewed and purchased through the City of Birmingham online plans room site at Any cost for reproduction shall be the responsibility of bidders. Since award may not be made within thirty (30) days, no bid may be withdrawn for a period of sixty (60) days after the date of the bid opening. The City reserves the right to reject any or all bids submitted, and to waive any informalities. IMPORTANT BIDDER INFORMATION Bidders are expected to prepare their bid to include all necessary material, labor, bonds, permits, overhead, profit, taxes, insurance, etc. costs. It is not the City's obligation to bring mistakes/omissions in bid to bidder's attention. If after bid opening, a bidder determines he has a mistake in bid, he may seek withdrawal of his bid without forfeiting his bond, if the request is in writing within three (3) work days after the bid opening, and is accompanied by clear and convincing evidence of the mistake. All cashier's checks or bid bonds will be returned immediately after bids are checked and tabulated to all except the three (3) lowest bona fide bidders. Bid bonds shall be returned to the three (3) lowest bona fide bidders when the contract is signed and performance and payment bonds and insurance are furnished by the successful bidder. If award is not made within fifteen (15) days after bid opening, all bid guarantees will be returned except for those of the potentially successful bidders. If after sixty (60) days, no award has been made, all bids shall be rejected and the potentially successful bidder's guarantee will be returned unless the bidder agrees in writing to a time extension. If a time extension is effected, bidder may substitute any cashier's check for a satisfactory bid bond.

3 INVITATION TO BID Page 3 of 3 Any contract resulting from this Invitation to Bid shall not be assignable without prior written consent of the City. Under no conditions, shall the contract be assigned to an unsuccessful bidder whose bid was rejected as non-responsive and/or nonresponsible. A Notice to Proceed will be issued by the City within fifteen (15) days after final contract execution unless both parties agree in writing to a longer period of time. Special attention is called to the applicability of the Birmingham Plan-Construction Industry Program to the 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 established a system of floating MBD/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 MBD/DBE's in construction projects of the City and its agencies. Additional information about this Program is contained in the Project Manual and may be obtained from the Executive Director, Birmingham Construction Industry Authority at th Avenue, South, Birmingham, Alabama (Telephone: ). For federally funded contracts, the provisions of the President's Executive Order and federal agency regulations requiring affirmative action to achieve employment and utilization of minority persons and business will apply. 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 (HUBE s) 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. Bids must be submitted in a sealed envelope marked: FLOORING REPLACEMENT AT DAVID J. VANN MUNICIPAL JUSTICE CENTER AND COMER BUILDING may be hand delivered to Conference Room 215 City Hall, Birmingham, Alabama, or mailed to: City of Birmingham Planning, Engineering and Permits Department, Architectural Division, Room 220 City Hall, 710 North 20th Street, Birmingham, Alabama Bids sent by any express carrier (Federal Express, UPS, Airborne, etc.) must specify delivery to Room 220 City Hall. It is the bidder's responsibility to make sure that his bid is in the possession of the City Architect on or before 2:00 p.m., Thursday, June 23, Bids received after this time will not be considered. The Birmingham Times Thursday, June 9, 2016 The Birmingham News Friday, June 10, 2016 Alan Terry Oglesby, City Architect

4 FORM OF PROPOSAL FOR USE ON NON-BONDED PROJECTS VALUED AT LESS THAN $50,000 TO: City of Birmingham Department of Planning, Engineering and Permits 220 City Hall 710 North 20th Street Birmingham, Alabama ATTN: CITY ARCHITECT 1. SCOPE OF WORK: BASE BID: Provide and install carpet tile and associated base, trim and transition specialties at the designated areas as noted on the attached floor plan sketch of the David J. Vann Municipal Justice Center th Street, North Birmingham, AL ALTERNATE ONE: Provide and install carpet tile and associated base, trim and transition specialties at the designated first and second floor areas as noted on the attached floor plan sketch of the Comer Building th Street, North Birmingham, AL Carpet basis of design shall be carpet tiles manufactured by InterfaceFlor, pattern The Standard, color as selected by Owner. Contractor may substitute carpet tiles of matching performance and construction characteristics as manufactured by Shaw Contract upon approval of an acceptable color and pattern and subject to there being no difference in cost. Tiles shall be laid in a random pattern, with careful attention paid to ensure that seam layout is straight and centered neatly within the given area. Tiles shall be adhered to substrate using manufacturer s recommended adhesive or adhesive tabs as determined by job conditions. Contractor shall provide the Owner with attic stock in the amount of 5% of the amount installed, but in no case less than one unopened box. Contractor shall install rubber base and shall install necessary transition strips at transitions in materials. Base shall be Roppe Pinnacle, standard toe, color as selected, height as required to cover previous base height. Base shall be delivered in 120ft coils and shall be installed using longest lengths possible for each section of wall. Exterior corners may be neatly formed; interior corners shall be cut and tightly joined. Contractor shall be responsible for moving furniture as needed for installation, removal and proper disposal of all existing carpeting, removal and proper disposal of all installation debris in the work area, and shall be responsible for properly preparing floor underlayment to accept installation of carpet. Preparation does not include removal of hazardous materials. Installation shall be in accordance with manufacturer s recommendations. Work shall be done after hours or on weekends. Contractor shall be responsible for verifying the existing conditions, dimensions, quantities, lengths, and areas in order to provide a complete job. 2. AGREEMENT: It is the intent of this proposal and any associated documents to require the Contractor to include in his bid all fees, permits, impact fees, licenses and any other costs involved for the coordination of all trades under the contractual control of the undersigned Contractor to the successful completion of this project as specifically outlined, required, or reasonably implied. The undersigned Contractor (hereinafter Contractor ) having carefully examined the Scope of Work, any drawings and/or specifications, the site of the work, and the conditions 1

5 affecting the work, hereby proposes and agrees, if this proposal is accepted, to enter into a Contract, furnish supervision, labor, equipment and materials required for the Flooring Replacement at David J. Vann Municipal Justice Center and Comer Building for the City of Birmingham ( the City ), located at th Street, North and th Street, North Birmingham, AL ( the Project ). In submitting this bid, Contractor understands that the City reserves the right to reject all bids and that this bid may not be withdrawn for a period of sixty (60) days from the opening thereof. 3. BASE BID: The Contractor agrees to perform the BASE BID work at the David Vann building for the sum of: DOLLARS ($ ) (the Contract Sum ) The Contractor further agrees to submit a complete breakdown of all labor, equipment and material to be used in the Project, including those estimated by the subcontractors, showing at a minimum all labor cost and material cost at the divisional level and following the format of the Contractor s pay request. ADDITIVE ALTERNATE ONE: For flooring work at the designated areas of the Comer Building: DOLLARS ($ ) 4. UNIT PRICES: In addition, if unit prices are requested for all or any part of the Project, Contract or proposes and agrees to perform all quantities of work necessary for the successful completion of the Project in accordance with the unit prices bid by Contractor on the attached Unit Price Form. None this job. 5. INSURANCE: Bidder shall be insured in accordance with the terms stipulated under the City of Birmingham s Supplemental General Conditions. 6. TIME FOR COMPLETION: This project shall be completed within Thirty (30) calendar days from the date of Notice to Proceed. 7. COMMUNICATIONS: All communications regarding the work shall be directed through the City Architect s office. Contractor shall not undertake any change in the scope of work unless instructed to do so in writing by the City Architect or his designee. 8. CONTRACTS: AIA Form A101 Contract Agreement for Construction and AIA Form A201 General Conditions of the Contract for Construction, as supplemented by the City of Birmingham Supplemental General Conditions, shall be the form of contract executed under this proposal. Contractor further agrees that at the time the City delivers to the Contractor a Contract for execution, the undersigned Contractor will within fifteen (15) days after date of such delivery, execute and deliver to the City Architect the signed Contract and proof of insurance in accordance with the Contract Documents. For non-construction work or otherwise at the discretion of the Department of Planning Engineering and Permits, the issuance of a purchase order by the Finance Department of the 2

6 City, along with this proposal form and any attached specifications, reports, drawings, or other such instructions, shall be considered the extent of the required contract documents. 10. PAYMENTS: No payment will be made until work is 100% complete. The City will apply retainage at the rate of 2 ½% of the Contract Sum, which will be released only upon the receipt of all closeout documentation, including Contractor s release of liens, releases of liens from any subcontractors or material vendors, fully executed warranties or guarantees, and publication of advertisement of completion. 11. ADVERTISEMENT OF COMPLETION: Immediately after completion of the contract Contractor shall give notice of the completion by an advertisement in a newspaper of general circulation published within the City or County in which the work was done for one week. The Contractor shall furnish the Purchasing Department by affidavit of the publisher a printed copy of the notice published for posting on their bulletin board for one week. The Contractor shall certify under oath that all bills have been paid in full. Final settlement with the Contractor will be made after the notice has been posted for one entire week. 12. COMPLIANCE WITH SAFETY AND HEALTH REGULATIONS AND LOCAL REQUIREMENTS: Full compliance is required to the Department of Labor, Bureau of Labor Standards, "Safety and Health Regulations for Construction," as published in the Federal Register, Volume 36, Number 75, dated Saturday, April 17, 1971, as may be applicable to this project, or any later revision. Further, all work shall be accomplished in accordance with applicable sections of all Local, County, State and Federal Law, Codes or Ordinances and the Americans with Disabilities Act. 13. COLLUSION: In submitting this bid, the Contractor certifies that there has been no collusion with any person in respect to this bid or any other bid or the submitting of bids for the Contract for which this bid is submitted. 14. RIGHT TO SETOFF: The Contractor acknowledges and agrees that the City has the right to deduct from the total amount of consideration to be paid to the Contractor under this agreement all unpaid, delinquent, or overdue license fees, taxes, fines, penalties and other amounts due the City from the Contractor. 15. EQUAL OPPORTUNITY: MINORITY BUSINESS PARTICIPATION IN CITY PROJECTS. BE IT ORDAINED by the City Council of the City of Birmingham, Alabama as follows: The City of Birmingham shall include written language in all Request for Proposals (RFP s) and Contracts encouraging minority and women owned business participation. 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 (HUBE s) 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. The Contractor hereby certifies that in employment of personnel it does not discriminate against any person or persons, on account of race, creed, color, sex, or national origin. The Contractor shall comply with the program guidelines set forth in the Birmingham Plan - Construction Industry Program - Instructions to Bidders Section

7 16. IMMIGRATION ACT COMPLIANCE: Contractor represents and warrants that it does not knowingly employ, hire for employment, or continue to employ an unauthorized alien, as defined by the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, , et seq., Code of Alabama 1975, as amended (the Act ). Contractor represents and warrants that it will enroll in the E-Verify program prior to performing any work on the project and shall provide documentation establishing that Contractor is enrolled in the E- Verify program. During the performance of this Agreement, Contractor shall participate in the E- Verify program as required under the terms of the Act and shall verify every employee that is required to be verified according to the applicable federal rules and regulations. Contractor agrees to comply with all applicable provisions of the Act with respect to its subcontractors by entering into an agreement with or by obtaining an affidavit from such subcontractors providing work for Contractor on the Project that such subcontractors are in compliance with the Act with respect to their participation in the E-verify program. Contractor represents and warrants that Contractor shall not hire, retain or contract with any subcontractor to work on the Project which Contractor knows is not in compliance with the Act. By signing this proposal, the contracting parties affirm, for the duration of the Agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom. BY: TITLE: NOTARY: DATE: COMPANY: ADDRESS: MAILING ADDRESS: TELEPHONE: DATE: OWNER: (Signature) William A. Bell, Sr., Mayor ATTEST: (Signature) (Date) (City Clerk) 4

8 APPROVED (As to Form): (Signature) (Date) (City of Birmingham Law Department) END OF FORM OF PROPOSAL 5

9 Flooring Replacement at David J. Vann Municipal Justice Center and Comer Building Drawing One (not to scale) Base Bid David Vann Building Yellow Highlighted areas are those to receive new carpeting. Contractor shall field verify all conditions, dimensions, room layouts, and other existing constraints. 6

10 Flooring Replacement at David J. Vann Municipal Justice Center and Comer Building Drawing Two (not to scale) Additive Alternate One Comer Building Yellow Highlighted areas are those to receive new carpeting. Contractor shall field verify all conditions, dimensions, room layouts, and other existing constraints. 7