CITY OF DAPHNE P.O. BOX MAIN STREET DAPHNE, ALABAMA 36526

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1 CITY OF DAPHNE P.O. BOX MAIN STREET DAPHNE, ALABAMA RECYCLED CRUSHED CONCRETE AGGREGATE BID DOCUMENT #2018-L RECYCLED ROCK MATERIAL SUBMIT TWO (2) COPIES OF BID SUBMITTAL (One Original & One Copy is Acceptable) GENERAL INFORMATION The City of Daphne is soliciting sealed bids from interested bidders. Oral, telegraphic, or telephonic proposals or modifications will not be considered. All bids must be completed in ink. Bids submitted in pencil will not be accepted. The City reserves the right to reject any and all bids and to waive any formalities. Bids may be withdrawn if a written request is received prior to the time set for the bid opening. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. Bid Contract will be through February 28, Prior to the annual contract expiration and upon mutual agreement by the City and the Contractor, the term of the contract may be extended for a second and a third year. In the event a bid is received from a responsible bidder, having a place of business within the local preference zone, which shall be defined as within a municipal limits of the City of Daphne, and the bid is no more than five percent greater than the bid of the lowest responsible bidder, the awarding authority may award the contract to the resident responsible bidder. (PURSUANT TO THE CODE OF ALABAMA SECTION ) II III IV V VI QUALITY OF MATERIAL The City of Daphne reserves the right to determine if equivalent products offered meet the standards and specifications desired. Where a specific brand is noted, all bidders should be aware that the brand name is used to indicate the desired quality and performance of the product that is desired. DELIVERY OF PRODUCTS The bidder agrees to deliver materials requested by the City in the desired quantities at the unit price provided for in the bid within 2 days. Failure to deliver in the specified time may result in the termination of the contract by the City. All delivery costs will be included in the bid price. The unit prices will remain firm for the term of the agreement as specified in the bid and accepted by the City on which the award of this contract is made. BASIS FOR AWARD OF BID The basis of the bid award will include consideration of the quality and performance of the goods/services to be supplied, conformity to specifications, delivery time, and other requirements outlined in the bid specifications. The bid will be awarded to the lowest responsible bidder complying with the conditions of the bid invitation provided that said bid is reasonable and is in the best interest of the City of Daphne. The City reserves the right to reject any and all bids and to waive any bid formalities whenever such rejection or waiver is in the best interest of the City. The City reserves the right to determine whether the number or type of items for which bids were not received constitutes a significant deviation from the bid invitation and to reject the bid. The bidder that is awarded the contract must obtain a City of Daphne business license within ten (10) days after award notification. The City is under no obligation to purchase in quantities as expressed herein. All purchases shall be on an as needed basis. METHOD OF PAYMENT All purchases must follow the policies and procedures of the City of Daphne Purchasing Department, which require a purchase order prior to delivery. The purchase order number must be on the invoice. CONFLICT OF INTEREST No employee, officer, or agent of the City shall have any interest in the award of this contract or the bidder. The award of the contract shall be based on the lowest and most responsive bidder that meets the quality of product bid.

2 VII VIII IX COLLUSION If there is any reason for believing that collusion exists among the bidders, any and/or all proposals may be rejected. Those participating in such collusion may be barred from submitting bids on the same or other work with the City of Daphne. If there is any reason for believing that collusion exists among the bidders, any or all proposals may be rejected, and those participating in such collusion may be barred from submitting bids on the same or other work with the City of Daphne. ALABAMA IMMIGRATION LAW COMPLIANCE In compliance with Act : Upon entering this contract, 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. Proof of enrollment in E Verify for Immigration Law Compliance is required FROM THE AWARDED BIDDER An acceptable proof of enrollment with E Verify would be an E VERIFY MEMORANDUM of UNDERSTANDING (MOU). OPEN TRADE: Section , Code of Alabama (1975): By signing this submittal/contract, the awarded bidder represents and agrees that it is not currently engaged in, nor will it engage in, any boycott of a person or entity based in or doing business with a jurisdiction with which the State of Alabama can enjoy open trade. XI. X. CONTRACT Upon the signing of an adopted award Resolution, the Bid Form shall constitute a contract between the City and the successful bidder and bind the successful bidder to furnish and deliver at the prices and in accordance with the conditions of the bid. The contract shall bind the City of Daphne on its part to order from the successful bidder and to pay at the contract prices for all items ordered and delivered. The placing in the mail of a notice of award or purchase order to a successful bidder, to the address given in the bid, will be considered sufficient notice of acceptance of bid. If the successful bidder fails to deliver within the time specified or within a reasonable time as determined by the City of Daphne or fails to make replacement of rejected articles, when so requested, immediately or as directed by the City, the City of Daphne may purchase from other sources to take the place of the item rejected or not delivered. The City of Daphne reserves the right to authorize immediate purchase from other sources against rejections on any contract when necessary. A contract may be cancelled for non performance. The City of Daphne reserves the right to terminate the contract at any time by letter to the supplier if the specifications and conditions are not met. Failure to deliver in the specified time may result in the termination of the contract. No items are to be shipped or delivered until receipt of an official purchase order from the City of Daphne. It is mutually understood and agreed that the successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or the successful bidder s right, title, or interest therein or the bidder s power to execute such contract to any other person, company, or corporation without the express written consent of the City of Daphne. INSURANCE All awarded vendors who provide a labor service on City property must provide a Certificate of Insurance listing the City of Daphne as Additional Insured for the City s standard policy limit requirements. Worker s Compensation coverage policy will be required for all projects involving a service provided on City property. The Vendor s insurance policies will be provided at the vendor s sole expense. Minimum policy limits are as follows: o General Liability Aggregate $2,000,000 minimum o Each Occurrence $1,000,000 minimum o Automobile Liability $1,000,000 minimum Workers Compensation Statutory amount & coverage as required by state law, Employer s Liability $1,000,000 minimum The following items should be listed in Description of Operations section of the certificate: o City of Daphne listed as Additional Insured o the box next to the term Certificate Holder must be marked o Agree to hold City harmless and waive right of subrogation Description of the applicable project/work performed for insurance coverage clarification o In addition the company name you list on the Certificate must be the same company name on the invoice billed to the City and on the check issued by the City. Listing a D/B/A on the Certificate is acceptable. o Vendor is responsible for any deductible clause in policy. XII. CHOICE OF LAW The Agreement between the City and the successful bidder shall in all respects be governed by the laws of the State of Alabama, including without limitation all issues relating to capacity, formation, interpretation, and available remedies, without regard to Alabama conflict of law principles.

3 MATERIALS (CCA) DESCRIPTION AND SCOPE OF WORK : Crushed Concrete Aggregate (CCA) is granular material manufactured by removing, crushing, and processing old concrete for reuse as an aggregate source in new construction. This is material is composed of 100% recycled content. The following conditions apply: The work will be contracted to one supplier only. CCA Material shall be clean of any deleterious materials. CCA Material shall be void of any rebar or other form and/or types of reinforcement. CCA Material price shall be quoted by the ton and delivered onsite at any specified location in the city of Daphne. All materials to be measured by weight ticket. CCA Material is to be classified based on an equivalency to the Alabama Department of Transportation (ALDOT) gradation scale Section 825 Crushed Aggregate Base Materials.

4 BID COST SHEET SUBMITT TWO (2) COPIES OF BID SUBMITTAL (One Original & One Copy is Acceptable) ALL DELIVERY COST SHOULD BE INCLUDED IN PRICE. Payment for the CCA Material will be made at the quoted price per ton which will be compensation in full for furnishing all labor, equipment, materials and incidentals for furnishing and delivering the materials. DELIVERY MUST BE MADE WITHIN 2 DAYS. Failure to deliver in the specified time will result in the termination of contract. A UNIT COST MUST BE LISTED ON THE QUOTE SHEET FOR ALL ROCK TYPES. IF YOUR COMPANY IS NOT ABLE TO SUPPLY A COST ON A PARTICULAR CCA or RCRR TYPE, THE FOLLOWING CODE MUST BE LISTED ON THE QUOTE SHEET: SO SPECIAL ORDER or DNE DOES NOT EXIST CRUSHED CONCRETE AGGREGATE (CCA) BASE MATERIAL Equivalent to 825 TYPE B $ PER TON OPEN TRADE: Section , Code of Alabama 1975: By signing this bid submittal, the bidder represents and agrees that it is not currently engaged in, nor will it engage in, any boycott of a person or entity based in or doing business with a jurisdiction with which the State of Alabama can enjoy open trade. BID SHEETS MUST BE DATED AND SIGNED BY COMPANY OWNER OR AUTHORIZED PERSONNEL. THE BIDDER ACKNOWLEDGES WITH THE SUBMISSION OF A BID THAT HE/SHE HAS REVIEWED THE TERMS AND CONDITIONS OF THIS BID AND ACCEPTS THEM. BID SHEETS MUST BE SIGNED BY COMPANY OWNER OR AUTHORIZED PERSONNEL AND NOTARIZED. COMPANY NAME ADDRESS FEDERAL ID# PHONE NUMBER FAX NUMBER ADDRESS AUTHORIZED SIGNATURE PRINT NAME Sworn to and subscribed before me this day of, 20. Notary Public

5 To: From: Date: Re: Vendors, Contractors and Grantees City of Daphne, AL Finance Department March, 2012/ Updated for Legislative Session June, 2012 Alabama Immigration Law Compliance The City of Daphne, AL is required to comply with the provisions of the new Alabama Immigration Law. Compliance requirements for all cities in the State of Alabama became effective January 1, 2012 and updated in July The requirements flow down to all contractors, vendors under Bid Contract and grantees doing business with the City of Daphne and are employing one or more employee(s) in the State of Alabama. If you are awarded a contract with the City of Daphne, AL, awarded incentives or grants, or if you wish to continue to do business with the City of Daphne, AL under a current contract and wish to receive funds from the City of Daphne, AL you must complete and submit the following within 10 business days: If your organization/entity does NOT employ one or more employees in the State of Alabama, please complete Part I of the attached form stating such along with a W-9: 1. Submit an updated W-9 Form (attached) 2. Status of Immigration Law Compliance (PART I only, attached) If your organization/entity DOES employ one or more employee(s) in the State of Alabama, you must submit the following: 1. Submit an updated W-9 Form (attached) 2. Proof of enrollment in E-Verify for Immigration Law Compliance: An acceptable proof of enrollment with E-Verify would be an E-VERIFY MEMORANDUM of UNDERSTANDING (MOU). To enroll in E-Verify, you must go to the following web site to enroll in E-Verify which is a federal program that verifies the employment eligibility of all newly hired employees. Go to the E-Verify Home Page to initiate enrollment. Once ALL of the steps to enroll are completed, a signed copy of your MOU that includes your E-Verify assigned Company ID Number will be available for you to export. If you have SUBCONTRACTORS, provide your subcontractors notice of their compliance obligations and OBTAIN from each a notarized Proof of Immigration Law Compliance Form. You may provide copies of this memo to your subcontractors as an explanation of this mandatory requirement. You are not required to submit the subcontractor proof to the City of Daphne, AL. However, the City reserves the right to request evidence of your subcontractors compliance at any time MAIN STREET P.O. BOX 400 DAPHNE, ALABAMA PHONE: (251 ) SHenson@DaphneAL.com

6 These requirements are a condition for doing business with the City of Daphne, AL and for receiving any funds from the City of Daphne, AL. MAINTAIN COPIES OF ALL DOCUMENTS FOR AUDIT PURPOSES. If you DO NOT employ one or more employee(s) in the State of Alabama, submit an updated W-9 and complete PARTI of the attached Proof of Immigration Compliance Form. If you DO employ one or more employee(s) in the State of Alabama, please submit the required proof of enrollment and W-9 Form as identified on the previous page. Please submit the requested documentation to the City of Daphne, AL's address below: City of Daphne, AL 1705 Main Street P.O. Box 400 Daphne, AL We regret any inconvenience that these new requirements place on you and your business/organization. If you wish to do business with the City of Daphne, AL, you must comply and submit the requested documents. If we can assist in any way, please contact us at (251) Thank you for your cooperation regarding this manner. Sincerely, The City of Daphne, AL

7 PROOF OF ALABAMA IMMIGRATION ACT COMPLIANCE In compliance with recent amendments to the Beason-Hammon Alabama Taxpayer and Citizen Protection Act (Sections et. seq of the Alabama Code), the City must obtain proof of enrollment with E-Verify for various contracts and agreements as determined by law. If your company has received this memorandum and it employs one or more employees in the State of Alabama, you must present proof of enrollment with E-Verify. Please complete Part I (if you do NOT employ one or more employees in the State of Alabama) or Part II (if you DO employ one or more employees in the State of Alabama and submit proof of enrollment with E-Verify). PART I- (Complete if you do NOT employ one or more employees in Alabama) State of County of I certify in my capacity as (your position) for (name of contractor or grantee) that Contractor or Grantee does not employ one or more employees in the State of Alabama. I further certify that should my status change- and I am required to comply that I will submit all required documents to the City of Daphne, AL. I have read the E-Verify Requirements and swear and affirm that it is true and correct. Authorized Signature 7