VBC Project Manual - Working Copy.pdf

Ice Rink & Chiller Renovations for The Von Braun Center

700 Monroe Street Southwest Huntsville, Alabama 35801

September 5, 2025 Rebid Set

September 5, 2025 Architect Project #: 25-008

Ice Rink & Chiller Renovations for the Von Braun Center

Huntsville, Alabama

Table of Contents 00 0110 - 1

SECTION 00 0110

TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

000110 TABLE OF CONTENTS 2

000115 LIST OF DRAWING SHEETS 1

000000 ADVERTISEMENT FOR BIDS 3

000000 PROPOSER INFORMATION & ACKNOWLEDGEMENTS 3

000000 REPORT OF OWNERSHIP 1

000000 GENERAL TERMS AND CONDITIONS 4

000000 MAILING LABELS 1

000000 BID FORM 1

000000 BID BOND FORM (SAMPLE) 2

000000 PERFORMANCE BOND (SAMPLE) 4

000000 PAYMENT BOND (SAMPLE) 3

00230-1 LIST OF SUBCONTRACTORS 1

00270-20 CONTRACT 36

00270-37 CONTRACT MODIFICATION REQUEST 1

00270-38 CMR SUMMARY SHEET 1

00270-39 CHANGE ORDER FORM 1

00270-40 RESOLUTION 1

00270-41 WAIVER OF LIENS 2

000000 CERTIFICATE OF SUBSTANTIAL COMPLETION 1

000000 ADVERTISEMENT FOR COMPLETION 1

DIVISION 01 - GENERAL REQUIREMENTS

011000 SUMMARY 3

012000 PRICE AND PAYMENT PROCEDURES 5

012500 SUBSTITUTION PROCEDURES 3

013000 ADMINISTRATIVE REQUIREMENTS 11

013216 CONSTRUCTION PROGRESS SCHEDULE 2

014000 QUALITY REQUIREMENTS 9

014100 REGULATORY REQUIREMENTS 1

015000 TEMPORARY FACILITIES AND CONTROLS 4

015213 FIELD OFFICES AND SHEDS 1

016000 PRODUCT REQUIREMENTS 4

017000 EXECUTION AND CLOSEOUT REQUIREMENTS 7

017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 3

017610 TEMPORARY PROTECTIVE COVERINGS 1

017800 CLOSEOUT SUBMITTALS 4

Table of Contents 00 0110 - 2

017900 DEMONSTRATION AND TRAINING 3

DIVISION 02 - EXISTING CONDITIONS

024100 DEMOLITION 4

DIVISION 04 - MASONRY

042600 SINGLE-WYTHE UNIT MASONRY 6

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

061000 ROUGH CARPENTRY 4

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

070553 FIRE AND SMOKE ASSEMBLY IDENTIFICATION 1

078400 FIRESTOPPING 3

079200 JOINT SEALANTS 6

DIVISION 09 - FINISHES

099113 EXTERIOR PAINTING 5

099123 INTERIOR PAINTING 6

DIVISION 10 - SPECIALTIES

104400 FIRE PROTECTION SPECIALTIES 2

DIVISION 13 – SPECIAL CONSTRUCTION

131800 BASIC ICE SYSTEM REQUIREMENTS 14

131810 ICE RINK UNDERGROUND SERVICE PIPING SYSTEM 3

131812 ICE SYSTEM FLOOR COOLING PIPING 2

131813 ICE RINK FLOOR CONCRETE 5

131814 ICE SYSTEM PIPING & FITTINGS 4

131819 ICE SYSTEM INSULATION 5

131829 ICE SYSTEM SUPPORTS & ANCHORS 9

131836 ICE RINK FLOOR SUB-GRADE SHEET INSULATION 1

131840 ICE SYSTEM PUMPS 2

131845 REFRIGERATION ICE MAKING EQUIPMENT 3

131850 ICE SYSTEM CHEMICAL WATER TREATMENT 4

131853 ICE SYSTEM IDENTIFICATION 2

131855 ICE SYSTEM EVAPORATIVE CONDENSER 4

DIVISION 23 – HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC)

230500 BASIC HVAC REQUIREMENTS 21

230505 HVAC DEMOLITION FOR REMODELING 3

233100 DUCTWORK 10

233416 CENTRIFUGAL FANS 2

List of Drawing Sheets 00 0115 - 1

SECTION 00 0115

LIST OF DRAWING SHEETS

TITLE SHEET

TS TITLE SHEET

DEMOLITION DRAWINGS

D1.0 DEMOLITION FLOOR PLANS & NOTES

ARCHITECTURAL DRAWINGS

A1.0 RENOVATION FLOOR PLANS & NOTES

MECHANICAL DRAWINGS

M000 HVAC COVER SHEET

M201 FIRST FLOOR HVAC PLAN

M400 HVAC DETAILS

M500 HVAC DIAGRAMS

M600 HVAC SCHEDULES

ICE SYSTEM DRAWINGS

R000 ICE SYSTEMS COVER SHEET

R101 FIRST FLOOR ICE SYSTEMS DEMOLITION PLAN

R201 FIRST FLOOR ICE SYSTEMS PLAN

R300 ICE SYSTEM DETAILS

R400 ICE SYSTEM DETAILS

R401 ICE SYSTEM DETAILS

R402 ICE SYSTEM DETAILS

R500 ICE SYSTEMS FLOW DIAGRAM

R501 ICE SYSTEMS FLOW DIAGRAM

R600 ICE SYSTEMS - SCHEDULES

PO Box 308 • Huntsville, Alabama 35804-0308 • Phone 256-427-5060 www.huntsvilleal.gov

ADVERTISEMENT FOR BID # 84-2025-13

PRE-BID MEETING: 09/23/2025 at 10:00AM local time QUESTION DEADLINE: 09/24/2025 at 2:00PM local time BID OPENING DATE: 09/30/2025 at 2:00PM local time

The City of Huntsville will receive sealed bids, priced on a firm fixed price basis (stipulated sum), to provide all necessary equipment, materials, labor and supervision necessary, as outlined in the Plans, Specifications, and Bid Manual for the Von Braun Center Ice Rink & Chiller Renovations Project

PROJECT ADDRESS 700 Monroe Street SW Huntsville, AL 35801

PROJECT MANAGER Byron Clanton, VBC Director of Facilities

(256) 533-1953 – bclanton@vonbrauncenter.com

ARCHITECT Corey Stricklen, Architect – Matheny Goldmon Architecture + Interiors, LLC

(256) 532-0909 – corey@mathenygoldmon.com

CITY OF HUNTSVILLE Tamara M Yancy, Procurement Manager PROCUREMENT SERVICES (256) 883-3614 – tamara.yancy@huntsvilleal.gov

PRE-BID CONFERENCE: A Pre-Bid Conference will be held at the Von Braun Center Administrative Conference Room located at 700 Monroe Street SW, Huntsville, Alabama 35801 on the above referenced date and time at which time City representatives will discuss the project and answer questions. This Pre-Bid Conference is NOT mandatory; however, prospective bidders are strongly encouraged to attend.

PLANS: The contract documents, plans, and specifications will be available for inspection at area plan rooms no later than September 17, 2025 and can be downloaded through BidNet Direct at www.bidnetdirect.com/alabama/cityofhuntsville. Registration with BidNet Direct is required to download bid and project related documents. Registration is FREE for limited access users. The City of Huntsville will refund the cost of printing for up to one set for each prime contractor bidder upon receipt of the documents in usable condition within ten days following the bid opening along with a receipt showing the cost of printing.

INTERPRETATIONS: Any bidder finding discrepancies in or omissions from documents or in doubt as to their meaning should immediately notify the Engineer. If necessary, written additional instructions or clarifications will be sent to all plan holders in the form of addenda issued by the City of Huntsville. The City of Huntsville will not be responsible for oral instructions.

QUALIFICATIONS: The qualifications, ability, and responsibility of all bidders and of their proposed sub-contractors will be considered in making the award. Bids of $100,000 or more will be accepted only from qualified General Contractors licensed by the State Licensing Board of General Contractors of Alabama as required by Code of Alabama (1975) Titles 34 and 46 as amended. Only bids of such Contractors who are licensed prior to the date of the bid opening will be considered. Any bid submitted without the current General Contractor’s License Number clearly noted on the outside of the sealed envelope will not be opened and will be rejected. In accordance with Alabama Code 39-3-5, preferences shall be given to Alabama resident contractors and nonresident bidder domiciled in a state having laws granting preference to local contractors shall be awarded the contract only on the same basis as the nonresident bidder’s state awards contracts to Alabama contractors bidding under similar circumstances.

mailto:bclanton@vonbrauncenter.com mailto:corey@mathenygoldmon.com mailto:tamara.yancy@huntsvilleal.gov http://www.bidnetdirect.com/alabama/cityofhuntsville

RECEIVING BIDS: All bids shall be submitted to the City of Huntsville, Procurement Services, no later than above referenced date and time at which time the bids will be publicly opened and read aloud in the City Council Chambers of Huntsville City Hall located at 305 Fountain Circle. All bids shall be submitted in a sealed unopened envelope. Late bids will not be accepted. All bids received prior to time of bid opening shall be kept secure and unopened. Late bids will not be accepted. All bids shall be submitted in duplicate on the bid forms prepared and furnished by the City of Huntsville in a sealed envelope addressed to the City’s Procurement Services contact.

BID WITHDRAWAL: No bid may be withdrawn after the scheduled closing time for receipt of bids for a period of forty-five (45) days without consent of the City of Huntsville.

REJECTION OF BIDS: The City of Huntsville reserves the right to reject any or all bids and to waive informalities.

BID BOND: A Bid Bond payable to the City of Huntsville, in an amount not less than five percent (5%) of the amount of the bid, but in no event more than $10,000 must accompany the bid response. The bid bond/deposit shall be in the form of a cashier’s check drawn on an Alabama bank or an original bid bond executed by a surety company duly authorized and qualified to make such bonds in the State of Alabama, payable to the City of Huntsville.

PERFORMANCE BOND: The successful bidder to whom the contract is awarded shall furnish at his expense an acceptable Performance Bond (Surety Bond) to the City of Huntsville, in the amount equal to one hundred percent (100%) of the contract price as awarded. Bond shall be countersigned by the authorized agent resident in the state and shall attach thereto power of attorney of signing official.

LABOR AND MATERIALS BOND: The successful bidder shall furnish at his expense an acceptable Payment of Labor, Materials, Foodstuffs and Supplies Bond (Surety Bond) to the City of Huntsville , in the amount not less than fifty percent (50%) of the contract price, with the obligation that the Contractor shall promptly make payment to all persons furnishing him or them with labor, materials, foodstuffs, or supplies for, or in, the prosecution of the work, including the payment of the reasonable attorney’s fees incurred by successful claimants or plaintiffs in suits on said bond. The date of neither bond shall be earlier than the date of the contract agreement.

ALTERNATES: If alternates are requested, the City of Huntsville reserves the right to award only the basic effort without any of the alternates or may award the basic effort along with one or more of the alternates.

INSURANCE: Insurance requirements for this project are included in the contract documents.

DOMESTIC PREFERENCES:

In the performance of this contract, the contractor shall comply with Ala. Code (1975) §§ 39-3-1 through 39-3-5 in supplying steel, materials, supplies, other products, and labor. Failure to comply with these requirements shall subject the contractor to the penalties set forth in the sections of the Alabama Code set forth above.

AMERICANS WITH DISABILITIES ACT:

The contractor must comply fully with the Americans with Disabilities Act and indemnify and hold harmless the City of Huntsville from all cost, including but not limited to damages as well as attorney's fees and staff time, in any action or proceedings brought alleging a violation of the Americans with Disabilities Act.

The City of Huntsville is an "Equal Opportunity" entity and encourages all Contractors to utilize the services provided by minority, disadvantaged and/or women-owned businesses whenever possible.

SALES AND USE TAX:

The State of Alabama Department of Revenue shall grant a certificate of exemption from state and local sales and use taxes to any contractor licensed by the State Licensing Board for General Contractors, or any subcontractor working under the same contract, for the purchase of building materials, construction materials and supplies, and other tangible personal property that becomes part of the structure that is the subject of a written contract for the construction of a building or other project, not to include any contract for the construction of any highway, road, or bridge, for and on behalf of a governmental entity which is exempt from the payment of sales and use taxes. (See Act 2013-205)

E-VERIFY:

The City has adopted an ordinance that requires certain contractors of the City to comply with certain requirements regarding the hire of unauthorized aliens under federal law. Contractor must complete and submit the Contractor E- Verify Certification found in Attachment E prior to Award Notification upon request of the City and comply with the requirements described therein.

IRON OR STEEL PRODUCTS:

This project is subject to Alabama Department of Transportation Alabama Standards Specifications, 2022 Editions, Section 600, Subitem 106.01(a)2a:

(a) Any contractor for a public works project, financed entirely by the State of Alabama or any political subdivision thereof, within this state, shall use iron or steel produced within the United States when specifications in the construction contract require the use of iron or steel and do not limit its supply to a sole source under subsection (f) of Section 39-2-2. If the awarding authority decides that the procurement of domestic iron or steel products becomes impractical as a result of a national emergency, national strike or other cause, the awarding authority shall waive the above restriction. (b) In the event the contractor violates the domestic iron or steel requirements of subsection (a), and domestic iron or steel is not used, there shall be a downward adjustment in the contract price equal to any realized savings or benefits to the contractor.

CITY OF HUNTSVILLE, ALABAMA

PROPOSER INFORMATION & ACKNOWLEDGEMENTS

1. PROPOSER INFORMATION

Business Organization

Name of Proposer (exactly as it would appear on an agreement):

Doing-Business-As Name of Proposer:

Principal Office Address:

Telephone Number: _________________________________________________________

Fax Number: _________________________________________________________

Form of Business Entity [check one (“X”]

Corporation _____ Partnership _____ Individual _____ Joint Venture _____ Other (describe): _____ __________________________________________________

Corporation Statement

If a corporation, answer the following:

Date of incorporation: _________________________________________________________ Location of incorporation: _________________________________________________________ The corporation is held: Publicly ___ Privately ___

Names and titles of corporate officers:

Partnership Statement

If a partnership, answer the following:

Date of organization: _________________________________________________________ Location of organization: _________________________________________________________ The partnership is: General ___ Limited ___

Name, address, and ownership share of each general partner owning more than five percent (5%) of the partnership:

Joint Venture Statement

If a Joint Venture, answer the following:

Date of organization: _________________________________________________________ Location of organization: _________________________________________________________ JV Agreement recorded? Yes ___ No ___

Name, address of each Joint Venturer and percent of ownership of each:

2. CITY OF HUNTSVILLE EMPLOYEE, MEMBER OF HOUSEHOLD OR BUSINESS ASSOCIATE

Code of Ala. 1975§36-25-11 requires that contracts entered into with a public official, a public employee, a member of the household of the public official or public employee, or a business with which a public official or public employee associates be filed with the Alabama Ethic Commission. If you are awarded the contract, and if you are a City employee, or if a member of your household is a City employee or public official, or if your business associates with a City employee or public official, you must comply with the provisions of Code al Ala. 1975§36-25-11.

City Employee Yes ______ No ______ If “Yes,” Department ________________________

Member of Household City Employee Yes ______ No ______ If “Yes,” Name (s) ________________________

Anyone associated with your company a City Employee Yes ______ No ______ If “Yes,” Name (s) ________________________

3. CONTRACTOR E-VERIFY – NOTICE

The Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No. 2011-535, Code of Alabama (1975) § 31-13-1 through 31-13-30 (also known as and hereinafter referred to as “ the Alabama Immigration Act”) as amended by Act No. 2012-491 on May 16, 2012 is applicable to all competitively bid contracts with the City of Huntsville. As a condition for the award of a contract and as a term and condition of the contract with the City of Huntsville, in accordance with § 31-13-9 (a) of the Alabama Immigration Act, as amended, any business entity or employer that employs one or more employees shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama.

During the performance of the contract, such business entity or employer shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations. The business entity or employer shall assure that these requirements are included in each subcontract in accordance with §31-13-9(c). Failure to comply with these requirements may result in breach of contract, termination of the contract or subcontract, and possibly suspension or revocation of business licenses and permits in accordance with §31-13-9 (e) (1) & (2).

Code of Alabama (1975) § 31-13-9 (k) requires that the following clause be included in all City of Huntsville contracts that have been competitively bid and is hereby made a part of this contract:

“By signing 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.”

4. ACKNOWLEDGEMENTS

I hereby certify that I have read and understand the City of Huntsville’s General Terms and Conditions. I hereby certify that I agree to comply with all of the General Terms and Conditions of this IFB. I also understand that the General Terms & Conditions are standard and that any contradicting requirements of the IFB supercede.

I affirm that I have not been in any agreement or collusion among Proposers or prospective Proposers in restraint of freedom of competition.

Upon award of this bid, I will not substitute any item on this bid under any circumstances.

By signing this 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.

I affirm that I understand and agree that any form of electronic signature, including but not limited to signatures via facsimile, scanning, or electronic mail, may substitute for the original signature and shall have the same legal effect as the original signature.

Signature of Proposer Legal Name of Firm

Print or Type Name of Proposer Mailing Address

Date City State Zip Code

Phone Fax

Email Address

Website Address

CITY OF HUNTSVILLE, ALABAMA REPORT OF OWNERSHIP FORM

A. General Information. Please provide the following information:

Legal name(s) (include “doing business as”, if applicable):______________________________________________.

City of Huntsville current taxpayer identification number (if available): _____________________________________.

(Please note that if this number has been assigned by the City and if you are renewing your business license, the number should be listed on the renewal form.)

B. Type of Ownership. Please complete the un-shaded portions of the following chart by checking the appropriate box below and entering the appropriate Entity I.D. Number, if applicable (for an explanation of what an entity number is, please see paragraph C below):

Type of Ownership (check appropriate box)

Entity I. D. Number & Applicable State

Individual or Sole Proprietorship

Not Applicable

General Partnership

Not Applicable

Limited Partnership (LP)

Number & State:

Limited Liability Partnership (LLP)

Limited Liability Company (LLC) (Single Member)

LLC (Multi-Member)

Corporation

Other, please explain:

Number & State (if a filing entity under state law):

C. Entity I.D. Numbers. If an Entity I.D. Number is required and if the business entity is registered in this state, the number is available through the website of Alabama’s Secretary of State at: www.sos.state.al.us/, under “Government Records”. If a foreign entity is not registered in this state please provide the Entity I.D. number (or other similar number by whatever named called) assigned by the state of formation along with the name of the state.

D. Formation Documents. Please note that, with regard to entities, the entity’s formation documents, including articles or certificates of incorporation, organization, or other applicable formation documents, as recorded in the probate records of the applicable county and state of formation, are not required unless: (1) specifically requested by the City, or (2) an Entity I.D. Number is required and one has not been assigned or provided.

Please date and sign this form in the space provided below and either write legibly or type your name under your signature. If you are signing on behalf of an entity please insert your title as well.

Signature: ________________________________________________ Title (if applicable): __________________________

Type or legibly write name: ___________________________________ Date: ____________________________________

CITY OF HUNTSVILLE

GENERAL TERMS AND CONDITIONS

Revised 5/8/2024

PLEASE READ AND SIGN ACKNOWLEDGEMENT

1. BID OPENINGS: All Bid Openings are open to the public and will be held in the City Council Chambers located on the second floor of Huntsville City Hall, 305 Fountain Circle, Huntsville, Alabama.

2. SUBMISSION OF BIDS: Complete, sealed bids must be clearly marked with the IFB # and received by Procurement Services no later than 2:00:00 PM City time on the bid closing date specified on the cover of this IFB. For the purposes of receiving Bids, the clock located in the City Council Chambers at 305 Fountain Circle, Huntsville, Alabama 35801, regulated by the National Institute for Standards and Technology (NIST), shall be the official record of time.

3. LATE BIDS: The City will not be responsible in the event the U.S. Postal Service or any other courier system fails to deliver the bid response to the City’s Procurement Services office by the 2:00:00 PM local time deadline stated in the bid request. Any bid received after the opening date and time will not be considered.

4. PRE-BID CONFERENCES: A Pre-Bid Conference may be scheduled in the bid documents to review and answer any pertinent questions concerning the bid and the specifications.

5. QUESTIONS: Any questions or requests for clarification must be addressed at a Pre-Bid Conference, if scheduled, or submitted in writing no less than five (5) business days prior to the date for receipt of bid responses.

6. ADDENDA: Any material interpretation of specifications or other bid documents, as determined by the City, will be expressed in the form of an addenda issued by the Procurement Services Division of the Finance Department. No notification will be sent regarding the issuance of addenda; therefore, it is the responsibility of the bidder to periodically check the City’s website for any addenda posted and acknowledge receipt of such in their bid response. The City is not bound by any oral representations, clarifications, or changes made in the written specifications by the City's employees or representatives, unless such clarification or change is provided to bidders in written addendum form from Procurement Services.

7. SPECIFICATIONS: The specifications are provided to potential bidders as guidelines that describe the type and quality of commodity or service the City is seeking to procure. The bidder must indicate compliance or list exceptions to each specification item for consideration. Failure to comply with this provision could be cause for rejection of the bid.

The name of a certain brand, make, manufacturer, or definite specification is to denote the quality standard of the article desired but does not restrict the bidder to the specified brand, make, manufacturer or specification names. It is set forth to convey the general style, type, character, and quality of the article desired by the City. Vendor shall incur all cost involved in obtaining an Independent Laboratory Test if the City deems necessary.

It will be assumed that all bids are based upon the specifications unless the bidder stipulates to the contrary on the proposal form, in which case, the bidder shall point out in detail any and all deviations from the specifications. Bidders having items that do not meet the specifications may offer the same on an optional basis. Minor exceptions from the specifications may be considered if they do not alter the performance for the intended purpose. The City reserves the right to request a demonstration of any and all items bid before making the award. The City may also include a process in the bid document to pre-approve equal products.

All items bid will be inspected by a representative of the City upon delivery to ascertain compliance with the specifications. Items not in compliance with the specifications will be rejected until proper remedial measures are taken to assure compliance.

8. NEW EQUIPMENT: All manufactured commodities shall be new, latest model unless otherwise stipulated. The bidder shall guarantee that commodities submitted for their bid shall be new, and of the latest and most improved model of the current production and shall be of first quality as to workmanship and materials used in said units. All modifications shall be made at the factory. Equipment shall not have been operated for any purpose other than routine operational testing. Demonstrators will not be accepted unless specifically requested.

9. RESPONSIVE BIDS: Each bid must be submitted in duplicate in a sealed envelope with the IFB/RFP number, the opening date, and General Contractor’s License number clearly noted. Notations stating an amount of any increases or decreases to the bid pricing is acceptable on the outside of the envelope as long as the actual bid price is not revealed. Such notations should be initialed by the preparer. For your convenience, mailing labels for our physical location and mailing address are provided with this document. All bidders must use our bid form and follow all instructions in submitting a response. All bids shall be typewritten or in ink on the form(s) prepared by the City. Bids prepared in pencil will not be accepted. All corrections shall be initialed and dated by the person authorized to sign bids. All bids must be signed by officials of the corporation or company duly authorized to bind the company. Any bid submitted without being signed will automatically be rejected.

10. RESPONSIBLE BIDDERS: The City shall take reasonable measures to determine bidder capability, business integrity, financial resources, and reliability in all respects to perform fully the contract requirements and insure good faith performance prior to contract award and during the term of the contract. At reasonable times, the City may inspect those areas of the contractor’s place of business that are related to the performance of a contract. If the City makes such an inspection, the contractor must provide reasonable assistance. The City reserves the right to inspect on demand and without notice all of the vendors files associated with a subsequent contract where payments are based on contractor’s record of time, salaries, materials, or actual expenses. This same clause will apply to any subcontractors assigned to the contract.

11. BID PRICING: Prices quoted shall be delivered prices, F.O.B. DESTINATION. The City will assume no transportation or handling charges other than specified in the bid. General Contractors are responsible for paying all applicable taxes on materials used for this job. Prices quoted to the City shall remain firm for a minimum of 45 days from the date of opening of the bid, unless so stated differently in the bid. If there are discrepancies in the bid pricing form, the written words prevail.

12. LOCAL PREFERENCE: Not applicable.

13. PRICE REDUCTIONS: Not applicable.

14. DELIVERY/COMPLETION SCHEDULE: In accordance with the bid documents.

15. WARRANTY: The successful contractor shall assume full responsibility for warranty of all components of any installed equipment. The manufacturer's standard warranty shall be furnished at project closeout.

16. BID REJECTION: Bidders may be disqualified, and rejection of bids may be recommended for any of (but not limited to) the following causes:

a. Failure to use the bid forms furnished by the City

b. Lack of signature by an authorized representative on the bid form

c. Failure to properly complete the bid form and vendor compliance

d. Evidence of collusion among bidders.

e. Unauthorized alteration of the bid form.

f. Failure to submit a Bid Bond.

g. Failure to note the General Contractor’s license number or note that the bid amount is less than $50,000.

h. UNBALANCED BID: The City may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or between the basic scope of work, alternates or options. A bid is materially unbalanced when it is based on prices which are significantly overstated or understated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the City even though it may be the low evaluated bid.

17. BID AWARDS: The City reserves the right to accept or reject any or all items covered in the request, or any portion(s) thereof, waive formalities, readvertise and/or take such other steps decreed necessary and in the best interest of the City.

All bids will be awarded to the lowest responsive and responsible bidder. This determination may involve all or some of the following factors: price, conformity to specifications, financial ability to meet the contract, previous performance, facilities and equipment, availability of repair parts, experience, delivery promise, terms of payments, compatibility as required, other costs, and other objective and accountable factors which are reasonable.

Written notification of award will be mailed the successful bidder upon approval of the Huntsville City Council. All other bidders will also be notified by mail and Bid Bonds will be returned at that time. The notice to proceed will be issued upon receipt of performance and payment bonds and certificates of insurance naming the City as additionally insured.

18. CONTRACT ASSIGNMENT AND SUBLETTING: The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of his or her contractual duties to any other person, firm or corporation without the previous written consent of the city. If the contractor desires to assign his or her right to payment of the contract, the contractor shall notify the city immediately, in writing, of such assignment of right to payment. In no case shall such assignment of contract relieve the contractor of his or her obligations or change the terms of the contract.

19. CONTRACT TERM: In accordance with the final contract.

20. INSURANCE REQUIREMENTS: The bid documents will state the applicable insurance requirements.

21. NON-APPROPRIATION: The City assumes no legal liability to purchase items or services under any contract until funds are appropriated for that particular fiscal year.

22. TERMINATION: In accordance with the final contract.

23. HOLD HARMLESS: The successful bidder agrees, by entering into this contract, to defend, indemnify, and hold the City harmless from any and all causes of action or claims of damages arising out of or related to bidder's performance under this contract.

24. EQUAL OPPORTUNITY: The City has an Equal Opportunity Purchasing Policy and proactively encourages utilization of minority business enterprise in our procurement activities. The City provides equal opportunities for all businesses and does not discriminate against any vendor regardless of race, color, creed, sex, national origin, or disability in consideration for an award.

25. ADA: The vendor/bidder/contractor agrees to comply fully with the Americans With Disabilities Act and will indemnify and hold harmless the City from all costs, including but not limited to damages as well as attorney's fees and staff time, in any action or proceeding brought alleging a violation of the American With Disabilities Act.

26. PUBLIC RECORDS: The City is governed by the public records laws of the Code of Alabama -Title 41, Sec. 13.

27. GOVERNING LAW: All contracts entered into as a result of this solicitation shall be governed by and construed in accordance with the substantive laws of the State of Alabama.

28. ORDER OF PRECEDENCE: Any provisions, made in the Invitation for Bids, supersede any provisions outlined herein the General Terms and Conditions.

29. E-VERIFY: The Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No. 2011-535, Code of Alabama (1975) § 31-13-1 through 31-13-30 (also known as and hereinafter referred to as “the Alabama Immigration Act”) as amended by Act No. 2012-491 on May 16, 2012 is applicable to all competitively bid contracts with the City of Huntsville. As a condition for the award of a contract and as a term and condition of the contract with the City of Huntsville, in accordance with § 31-13-9 (a) of the Alabama Immigration Act, as amended, any business entity or employer that employs one or more employees shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama.

During the performance of the contract, such business entity or employer shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations. The business entity or employer shall assure that these requirements are included in each subcontract in accordance with §31-13- 9(c). Failure to comply with these requirements may result in breach of contract, termination of the contract or subcontract, and possibly suspension or revocation of business licenses and permits in accordance with §31-13-9 (e) (1) & (2).

Code of Alabama (1975) § 31-13-9 (k) requires that the following clause be included in all City of Huntsville contracts that have been competitively bid and is hereby made a part of this contract:

“By signing 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.”

SUBMIT THIS ACKNOWLEDGEMENT WITH YOUR BID RESPONSE.

I HEREBY CERTIFY THAT I HAVE READ AND UNDERSTAND THE CITY OF HUNTSVILLE’S

GENERAL TERMS AND CONDITIONS AND AFFIRM THAT I HAVE NOT BEEN IN ANY AGREEMENT

OR COLLUSION AMONG BIDDERS OR PROSPECTIVE BIDDERS IN RESTRAINT OF FREEDOM

OF COMPETITION. UPON AWARD OF THIS BID, I WILL NOT SUBSTITUTE ANY ITEM ON THIS BID

UNDER ANY CIRCUMSTANCES. I ALSO UNDERSTAND THAT THE GENERAL TERMS &

CONDITIONS ARE STANDARD AND THAT ANY CONTRADICTING REQUIREMENTS OF THE IFB

OR RFP SUPERCEDE.

Name of Bidder (typed or printed) Signature of Bidder

THE FOLLOWING MAILING LABELS ARE PROVIDED TO ASSIST YOU IN SUBMITTING YOUR

BID RESPONSE AND TO INSURE PROPER IDENTIFICATION OF BID DOCUMENTS. PLEASE

CUT OUT THE LABEL YOU DESIRE FOR EITHER THE CITY’S MAILING OR PHYSICAL

ADDRESS, FILL IN THE BLANKS, AND AFFIX TO YOUR ENVELOPE.

MAILING ADDRESS:

PHYSICAL ADDRESS:

FROM:

IFB/RFP# __________________________

FOR __________________________

OPENING DATE __________________________

2:00:00 PM local time

GC LICENSE # __________________________

(If applicable)

TO: CITY OF HUNTSVILLE

HUNTSVILLE CITY HALL

PROCUREMENT SERVICES – 3RD FLOOR

P. O. BOX 308

HUNTSVILLE, AL 35804

FROM:

IFB/RFP# __________________________

FOR __________________________

OPENING DATE __________________________

2:00:00 PM local time

GC LICENSE # __________________________

(If applicable)

TO: CITY OF HUNTSVILLE

HUNTSVILLE CITY HALL

PROCUREMENT SERVICES – 3RD FLOOR

305 FOUNTAIN CIRCLE

HUNTSVILLE, AL 35801

00210-1 BID FORM

VON BRAUN CENTER

ICE RINK AND CHILLER RENOVATIONS PROJECT

BID FORM

TO: Procurement Services City of Huntsville 305 Fountain Circle, 3rd Floor Huntsville, Alabama 35801

Name: _____________________________________________________

Address: _____________________________________________________

Telephone: _______________________ Fax: _________________________

We acknowledge receipt of the following addenda: __________________________

BASE BID $

SALES TAX ACCOUNTING: Pursuant to Act 2013-205, Section 1 (g) the Contractor accounts for the sales tax NOT included in the bid proposal form as follows:

ESTIMATED SALES TAX

AMOUNT

BASE BID $

Failure to provide an accounting of sales tax shall render the bid non-responsive. Other than determining responsiveness, sales tax accounting shall not affect the bid pricing nor be considered in the determination of the lowest responsible and responsive bidder.

Signature of Bidder Legal Name of Firm

Print or Type Name of Bidder Mailing Address

Seal: _________________________ City State Zip Code

Telephone Number of Bidder

AIA Document A310™ – 1970. Copyright © 1963 and 1970 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:25:55 on 03/17/2009 under Order No.1000349081_1 which expires on 4/1/2009, and is not for resale.

User Notes: (920262597)

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project)

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

SAMPLE

AIA Document A310™ – 1970. Copyright © 1963 and 1970 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:25:55 on 03/17/2009 under Order No.1000349081_1 which expires on 4/1/2009, and is not for resale.

User Notes: (920262597)

Signed and sealed this day of , (Principal) (Seal)

(Witness) (Title)

(Witness) (Surety)

(Title) (Seal)

LIST OF SUBCONTRACTORS

LIST OF PROPOSED SUBCONTRACTORS:

Name & Trade Address

“General Contractors should include the completed List of Subcontractors Form with their bids. Failure to include the completed List of Subcontractors may result in rejection of the bid.”

The Undersigned agrees that any person, firm or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner.

Signature of Bidder Date

00230-1 LIST OF SUBCONTRACTORS

00270-1

REVISED 11-3-2015 LEGAL APPVD

FIXED PRICE AGREEMENT BETWEEN

THE CITY OF HUNTSVILLE

AND

CONTRACTOR

WITH ARCHITECTURAL SUPPORT FROM

MATHENY GOLDMON ARCHITECTURE

This Agreement is made by and between: City of Huntsville P.O. Box 308 Huntsville, Alabama 35804

(hereinafter referred to as the “Owner”) and:

(hereinafter referred to as the “Contractor”) under seal for construction described below to be rendered for the following Project:

Project Title: Von Braun Center Ice Rink and Chiller Renovation Project Project Location: 700 Monroe Street SW, Huntsville, AL 35801

General Description

The Ice Rink and Chiller Renovations for the Von Braun Center project includes the demolition of the existing Ice System and installation of a new Ice System at the Propst Arena using Owner provided materials and equipment. The bid documents describe all the equipment and outlines the scope of work required to install the Owner provided materials and Ice System equipment which will be procured in a separate contract.

Date:

President of the City Council:

DRAFT

00270-2

ARTICLE I

THE CONTRACT AND THE CONTRACT DOCUMENTS

1.1 THE CONTRACT

1.1.1 This Fixed Price Construction Contract between the Owner and the Contractor, of which this Agreement is part, consists of the Contract Documents. It shall be effective on the date this Agreement is executed by the last party to execute it.

1.2 THE CONTRACT DOCUMENTS

1.2.1 The Contract Documents consist of this Agreement, the Plans and Project Manual dated September 5, 2025 addenda(s) X issued during the bidding and value engineering/ cost reduction/quality reduction procedure, all Change Orders and Field Orders issued hereafter, any other amendments hereto executed by the parties hereafter, all of which are hereby incorporated herein by reference and made a part hereof. Documents not included or expressly contemplated in this Article 1 do not, and shall not form any part of this Contract.

1.3 ENTIRE AGREEMENT

1.3.1 This Contract, together with the Contractor’s performance and payment bonds for the Project, constitute the entire and exclusive agreement between the Owner and the Contractor with reference to the Project. Specifically, but without limitation, this Contract supersedes all prior written or oral discussions, communications, representation, understandings, negotiations, or agreements, if any, between the Owner and Contractor, unless specifically referenced and included in paragraph 1.2 above.

1.4 NO PRIVITY WITH OTHERS

1.4.1 Nothing contained in this Contract shall create, or be interpreted to create, privity or any other contractual agreement or relationship between the Owner and any person or entity other than the Contractor.

1.5 INTENT AND INTERPRETATION

1.5.1 The intent of this Contract is to require complete, correct and timely execution of the Work. Any Work that may be required by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price.

1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contractor Document shall be considered as required by the Contract.

1.5.3 When a word, term or phrase is used in the Contract, it shall be interpreted or construed, first, as defined herein: second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage.

1.5.4 The words “include”, includes”, “including”, as used in this Contract, shall be deemed to be followed by the phrase, “without limitation”.

1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any

00270-3 other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of the Contract.

1.5.6 Words or terms used as nouns in the Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning.

1.5.7 Contractor warrants and represents that it has received, reviewed, and examined the documents prepared by Architect using that degree of skill and care as a reasonably prudent Contractor would exercise under similar circumstances in preparing an estimate for work of a similar scope and magnitude. Based upon that examination, Contractor further warrants that it has not discovered any defects or deficiencies in the Contract Documents and that the documents are, to the best of Contractor’s knowledge, information, and belief, adequate for constructing the Project. Contractor further agrees that in the event it should discover any defect, inconsistency, or inadequacy in the Contract Documents, it will notify Owner in writing as soon as practicable of such defect, inconsistency, or inadequacy such that Owner may request Architect to remedy the same.

1.5.8 In the event any conflict, discrepancy, or inconsistency among any of the documents which make up this contract, the following shall control: The Contractor is deemed to have based his estimate upon the order of precedence as set forth below of performing the work. As between numbers and scaled measurements on the Drawings and in the Design, the numbers shall govern: and between larger scale and smaller scale drawings, the larger scale shall govern. Interpretations shall be based on the following order of precedence: 1) This Agreement, 2) Supplementary Conditions, if any, 3) Bid Documents and Addenda, with those Addenda of later date having precedence over those of earlier date, 4) The General Condition of the Contract for Construction, AIA Document A201, 5) Drawings and Specifications. In the event that there is a conflict between the Drawings and Specifications, the Owner shall determine which shall govern and it shall be assumed that the Contractor used the most expensive method of construction in preparing his bid for the Contract. This contract shall be administered based on the aforesaid assumption.

1.5.9 Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors.

1.6 OWNERSHIP OF CONTRACT DOCUMENTS

1.6.1 The Contract Documents, and each of them, as well as other documents furnished by the Owner, shall remain the property of the Owner. The contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project, provided, however, that in no event shall Contractor use, or permit to be used, any or all such Contract Documents on other projects without the Owner’s prior written authorization.

ARTICLE II

THE WORK

2.1 The Contractor shall perform all the Work required by this Contract.

2.2 The term “Work” shall mean whatever is done by or required of the Contractor to perform and complete its duties under this Contract, including the following construction of the whole or a designated part of the Project; furnishing of any required surety bonds and insurance; and the provision or furnishings of labor, supervision, services, materials, supplies, equipment, fixtures, 00270-4 appliances, facilities, tools, transportation, storage, power, permits and licenses required of the Contractor, fuel, heat, light, cooling and all other utilities as required by this Contract. The Work to be performed by the Contractor is generally described as set forth on page 1 and as set forth in the Contract Documents.

2.3 The Contractor shall be responsible for the creation and submission to the Owner of detailed and comprehensive as-built drawings depicting all as-built construction. Said as-built drawings shall be submitted along with building equipment operations manuals and all warranty data to the Owner upon final completion of the Project and receipt of same by the Owner shall be condition precedent to final payment to the contractor.

ARTICLE III

CONTRACT TIME

3.1 TIME

3.1.1 The Contractor shall commence the Work within 10 calendar days after the Owner issues the written notice to proceed and shall diligently continue its performance until final completion of the Project. The contractor shall accomplish Final Completion of all of the Work no later than September 30, 2026 following the Notice to Proceed. The number of calendar days from the date on which the Work is permitted to proceed, through the date set froth for Final Completion, shall constitute the “Contract Time.”

3.1.2 The term “Substantial Completion”, as used herein, shall mean that point at which, as certified in writing by the Architect, the Project is at a level of completion in strict compliance with…