SLED Opportunity · ALABAMA · CITY OF ORANGE BEACH
AI Summary
City of Orange Beach seeks contractors for site work to complete a 300-yard rifle range at the Orange Beach Shooting Complex. Work includes earthwork, berm construction, grading, drainage, and site clearing. Compliance with federal and local regulations required. Bids due April 16, 2026.
This scope of work covers the completion of a 300-yard rifle range located in the Orange Beach Shooting Complex at 23172 Russian Road City of Orange Beach. Portions of the range have been previously constructed. The work outlined herein includes remaining earthwork, berm construction, site clearing, access improvements, drainage grading, and placement of clean fill material necessary to complete the facility in accordance with applicable design criteria and local regulations.
Please use the See What Changed link to view all the changes made by this addendum.
Please use the See What Changed link to view all the changes made by this addendum.
1. This bid will not be publicly opened at City Hall, 4099 Orange Beach Blvd. Sealed bids will be received through OpenGov E-Procurement Portal and remained sealed until the closing date and time. Upon closing, bids will be unsealed and a preliminary bid tabulation will be available on OpenGov, https://procurement.opengov.com/portal/orangebeachal, for review. A final bid tab will be released after the Council Meeting on April 21, 2026 with award.
2. Questions from pre-bid meeting:
A. What is the drainage pipe diameter and length? 15'' diameter pipe with headwalls, 100' total length.
B. Where will the tree/grub debris be hauled to? To city owned property approximately .25 miles away from project work site.
C. What is the estimated quantity of mulch that will need to be removed and where will it be hauled to? 1,000 cubic yards of mulch removal; mulch will be hauled to an on-site location and dumped.
D. Is the CAD file available for bidders? There is no CAD file available for this project.
E. What is the specifications on aggregate for option 1? The current road is slag and that would be preferred.
3. If the bid is guaranteed with a cashier's check or certified check, it must be physically submitted to City Hall Reception at the City Hall Municipal Complex located at 4099 Orange Beach Blvd., Highway 161, Orange Beach, Alabama on or before 10:00 A.M. Central, April 16, 2026. The envelope containing the check must be clearly marked: 'Bid Bond Enclosed - Rifle Range Site Work at Shooting Complex/2026-0416 - 'Bidder Name'.
23172 Russian Road, Orange Beach, AL
This procurement may be funded in whole or part with federal grant funds.
All bidders will be bound to the general conditions and requirements set forth in these general instructions and such instructions shall form an integral part of each purchase contract awarded by the Orange Beach City Council. Applicability of general conditions as stated below shall be determined by the City of Orange Beach. All bids must be submitted on and in accordance with the instructions provided by the City of Orange Beach.
A complete set of Bid Documents is included herein. The date, time, and place of a bid opening will be given in the Invitation to Bidders. Copies of the complete set of Bid Documents may be inspected and/or obtained at the following location:
Orange Beach City Hall
4099 Orange Beach Boulevard
Orange Beach, AL 36561
Or downloaded from the City’s website: www.orangebeachal.gov, see “Bids”
No local vendor preference will be considered or granted in evaluating bids which are funded in whole or part by federal grant awards.
| Release Project Date: | March 25, 2026 |
| Pre-Bid Meeting (Non-Mandatory): | March 31, 2026, 2:00pm City Hall, South Conference Room at 4099 Orange Beach Blvd. |
| Question Submission Deadline: | April 9, 2026, 5:00pm |
| Response Submission Deadline: | April 16, 2026, 10:00am |
A complete set of Bid Documents is included herein. The date, time, and place of a bid opening will be given in the Invitation to Bidders. Copies of the complete set of Bid Documents may be inspected and/or obtained at the following location:
Orange Beach City Hall
4099 Orange Beach Boulevard
Orange Beach, AL 36561
Or downloaded from the City’s website: www.orangebeachal.gov, see “Bids”, and https://procurement.opengov.com/portal/orangebeachal
Bidder certifies that the bidder and/or any of its subcontractors or principals have not been debarred, suspended, or declared ineligible by any agency of the Federal government or as defined in the Federal Acquisition Regulation (FAR) 48 C.F.R. Ch. I Subpart 9.4.
The City’s staff contact for this project shall be:
Woody Speed, wspeed@orangebeachal.gov, (251) 215-3051, Coastal Regulatory Manager
Bidders are strongly encouraged to schedule a walkthrough of the project location with the City’s staff contact. There is no pre-bid conference for this project.
1. Immediate Termination
This bid award is subject to the appropriation and availability of City funding. The bid award will terminate immediately and absolutely if the City determines that adequate funds are not appropriated or granted, or funds are de-appropriated such that the City cannot fulfill its obligations under the bid, which determination is at the City's sole discretion and shall be conclusive. Further, the City may terminate the bid award for any one or more of the following reasons effective immediately without advance notice:
In the event the bidder or bid awardee ("Contractor") is required to be certified or licensed as a condition precedent to providing goods and services , the revocation or loss of such license or certification may result in immediate termination of the bid award effective as of the date on which the license or certification is no longer in effect;
The City determines that the actions, or failure to act, of the Contractor, its agents, employees, or subcontractors have caused, or reasonably could cause, life, health, or safety to be jeopardized; and/or
The City determines that the Contractor furnished any statement, representation, or certification in connection with the bidding or bid award process which is materially false, deceptive, incorrect, or incomplete.
2. Termination for Cause
The occurrence of any one or more of the following events shall constitute cause for the City to declare the Contractor in default of its obligation under the bid award:
3. Notice of Default
If there is a default event caused by the Contractor, the City shall provide written notice to the Contractor requesting that the breach or noncompliance be remedied within the period of time specified in the City’s written notice to the Contractor. If the breach or noncompliance is not remedied within the period of time specified in the written notice, the City may:
Immediately terminate the bid award without additional written notice;
Procure substitute goods or services from another source and charge the difference between the bid award price and the substitute price to the defaulting Contractor; and/or
Enforce the terms and conditions of the bid award and seek any legal or equitable remedies.
4. Termination upon Notice
Following thirty (30) days' written notice, the City may terminate the bid award in whole or in part without the payment of any penalty or incurring any further obligation to the Contractor. Following termination upon notice, the Contractor shall be entitled to compensation, upon submission of invoices and proper proof of claim, for goods and services provided under the bid to the City up to and including date of termination.
5. Payment Limitation in Event of Termination
In the event of termination of the bid award for any reason by the City, the City shall pay only those amounts, if any, due and owing to the Contractor for goods and services actually rendered up to and including the date of termination of the bid award and for which the City is obligated to pay pursuant to the bid award. Payment will be made only upon submission of invoices and proper proof of the Contractor’s claim. This provision in no way limits the remedies available to the City in the event of termination.
6. Owner May Terminate for Convenience
Upon seven days written notice to the Contractor, the City may, without cause and without prejudice to any other right or remedy of the City, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items):
Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;
Expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
Other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal; and
Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination.
7. Termination Duties
Upon receipt of notice of termination or upon request of the City, the Contractor shall:
Cease work under the bid award and take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report within thirty (30) days of the date of notice of termination, describing the status of all work under the bid award, including, without limitation, results accomplished, conclusions resulting there from, and any other matters the City may require;
Immediately cease using and return to the City any personal property or materials, whether tangible or intangible, provided by the City to the Contractor;
Comply with the City's instructions for the timely transfer of any active files and work product by the Contractor under the bid award;
Cooperate in good faith with the City, its employees, agents, and contractors during the transition period between the notification of termination and the substitution of any replacement contractor; and
Immediately return to the City any payments made by the City for goods and services that were not delivered or rendered by the Contractor.
1. Contractor shall comply with all Federal, State and local laws concerning nondiscrimination.
2. During the performance of this contract, the Contractor agrees as follows:
The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following;
Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;
Layoff or termination;
Rates of pay or other forms of compensation; and
Selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
The Contractor will include the provisions of paragraphs A through H in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
After contract award, the Contractor shall coordinate the work schedule with the Coastal Regulatory Manager. Any modifications to the work schedule shall be first approved by the Coastal Regulatory Manager.
4. 1 Should a bidder find discrepancies, ambiguities, or omissions in the Specifications, or should he/she be in doubt as to their meaning, he/she shall immediately notify the Procurement Officer (Renee Eberly at 251-981-6806 or reberly@orangebeachal.gov).
4.2 The Procurement Officer will issue Addenda to clarify discrepancies, ambiguities, or omissions in the Specifications.
4.3 Addenda will be posted on the City’s website at: www.orangebeachal.gov
4.4 Addenda shall become part of the bid and all bidders must acknowledge receipt of Addenda on their Bid Form or their bid will be rejected. Bidders shall be bound by all Addenda.
4.5 The City is not responsible for any oral instructions.
The Contractor shall coordinate all work with the Coastal Regulatory Manager and designated City Staff.
4. 1 Should a bidder find discrepancies, ambiguities, or omissions in the Specifications, or should he/she be in doubt as to their meaning, he/she shall immediately notify the Procurement Officer (Renee Eberly at 251-981-6806 or reberly@orangebeachal.gov) or submit an inquiry through the e Procurement Portal at https://procurement.opengov.com/portal/orangebeachal.
4.2 The Procurement Officer will issue Addenda to clarify discrepancies, ambiguities, or omissions in the Specifications.
4.3 Addenda will be posted on the City’s website at: www.orangebeachal.gov and https://procurement.opengov.com/portal/orangebeachal.
4.4 Addenda shall become part of the bid and all bidders must acknowledge receipt of Addenda or their bid will be rejected. Bidders shall be bound by all Addenda.
4.5 The City is not responsible for any oral instructions.
Contractor will comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163, 89 Stat.871).
Contractor will comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251– 1387), as amended. (Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act.) Bidder certifies that none of the facilities it uses to produce goods provided under the contract are on the Environmental Protection Authority (EPA) List of Violating Facilities. Contractor will immediately notify the City of the receipt of any communication indicating that any of Contractor’s facilities are under consideration to be listed on the EPA List of Violating Facilities.
The City of Orange Beach is seeking qualifying contractors to provide site work at the existing Orange Beach Shooting Complex for the new Rifle Range site.
5. 1 The bid must be submitted on the Bid Form furnished. All information required by the Bid Documents must be given to constitute a complete bid.
5.2 The Bidder must print, in figures, without interlineations, alterations, or erasures, a Unit Price. The Bidder shall then print the total sum on the line designated as “Bid Total.” The City will check the total sum printed by the Bidder, and, in case of error or discrepancy, the unit price shall prevail and the total shall be corrected.
5.3 Prices and all information must be legible. Illegible or vague bids may be rejected.
5.4 All signatures must be written. Facsimile, printed, or typewritten signatures are not acceptable.
5.5 Under penalty of perjury, the Bidder certifies by signature on the Bid Form that:
The bid has been arrived at by the Bidder independently and has been submitted without collusion with any other vendor of materials, supplies, equipment, or services for the type described in the Invitation to Bid; and
The contents of the bid have not been communicated by the Bidder; nor to his/her best knowledge and belief by any of his/her employees or agents to any person not an employee or agent of the Bidder or its surety on any bond furnished herewith prior to the official opening of the bid.
A. Furnish, Haul, Place & Compact Clean Fill for Side Berms
B. Haul, Place & Compact On-Site Fill for Intermediate Berms
C. Shape and Compact Berms to Required Slopes and Elevations
D. Clearing & Grubbing – Access Drive and Parking Lot Area
E. Disposal of Cleared Materials
F. Grading:
1.Grade and Shape Subgrade – Access Drive
2. Grade Parking Lot and Firing Line Pad to Design Elevations
3. Additional Grading – Range Corridor for Positive Drainage
4. Additional Grading – Strike Berm (East End)
5. Final Grading and Site Stabilization
G. Prepare Access Drive for Future Surfacing
H. Furnish, Haul, Place & Compact Clean Fill – Parking Lot & Firing Line Pad
I. Install Road Bed at Base of North Berm
J. Install Drainage Pipe (NE Corner Through Side Berm) – 15"
Compliance with Regulatory Requirements
Mobilization & Demobilization
Option #1 Furnish aggregate for Parking Areas, Access Road, and Berm Road
5. 1 The bid must be submitted on the Bid Form furnished. All information required by the Bid Documents must be given to constitute a complete bid.
5.2 Prices and all information must be legible. Illegible or vague bids may be rejected.
5.3 All signatures must be written. Facsimile, printed, or typewritten signatures are not acceptable.
5.4 Under penalty of perjury, the Bidder certifies by signature on the Bid Form that:
The bid has been arrived at by the Bidder independently and has been submitted without collusion with any other vendor of materials, supplies, equipment, or services for the type described in the Invitation to Bid; and
The contents of the bid have not been communicated by the Bidder; nor to his/her best knowledge and belief by any of his/her employees or agents to any person not an employee or agent of the Bidder or its surety on any bond furnished herewith prior to the official opening of the bid.
5.5 The Bidder must print, in figures, without interlineations, alterations, or erasures, a Unit Price. For paper submission, the Bidder shall then print the total sum on the line designated as “Bid Total.” The City will check the total sum printed by the Bidder, and, in case of error or discrepancy, the unit price shall prevail and the total shall be corrected.
Contractor will comply with the Davis-Bacon Act, as amended (40 U.S.C. 3141–3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141–3144, and 3146– 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, ‘‘Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction’’) and 29 CFR 5.5(a)(1)-(10) into all applicable contracts and subcontracts.
The Contractor will comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or repair.)
All equipment and materials may be stored only at the location(s) approved by the City. It is expressly noted that no payments will be made for materials stored off-site.
The bid has been arrived at by the Bidder independently and has been submitted without collusion with any other vendor of materials, supplies, equipment, or services for the type described in the Invitation to Bid; and
1. 2 CFR 200 - Appendix II, "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards" is hereby incorporated by reference into this certification.
2. The bidder, by signing its bid, hereby certifies to the best of his or her knowledge and belief that:
No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;
If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, 0MB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer;
Contractor will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 shall certify and disclose accordingly; and
This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by Section 1352, Title 31, United States Code. Any person making expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.
6.1 Each bid shall be placed, together with the Bid Bond, if applicable, in a sealed envelope. Bid envelopes must be clearly marked “SEALED BID,” the Bidder’s name, the title of the bid, and the opening date and time.
6.2 All bids received after the time stated in the Invitation to Bid will not be considered and will be returned unopened to the Bidder. The Bidder assumes risk of delay in the mail. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having bids deposited on time at the place specified.
6.3 The submission of a bid will be construed to mean that the Bidder is fully informed as to the extent and character of the supplies, materials, or equipment required, and as a representation that the bidder can furnish the supplies, materials, or equipment satisfactorily in complete compliance with the specifications.
Any waste and excess materials shall be disposed of by the Contractor in a safe manner conforming to all Federal and State Occupational and Environmental Laws and Regulations including, but not limited to, the Occupational Safety and Health Act (OSHA), the Clean Air Act (CAA), the Clean Water Act (CWA), the Safe Drinking Water Act (SDWA), the Toxic Substances Control Act (TSCA), and the Alabama Department of Environmental Management (ADEM) Regulations.
The submission of a bid will be construed to mean that the Bidder is fully informed as to the extent and character of the supplies, materials, or equipment required, and as a representation that the bidder can furnish the supplies, materials, or equipment satisfactorily in complete compliance with the specifications.
For Paper Alternates:
6.1 Each bid shall be placed, together with the Bid Bond, if applicable, in a sealed envelope. Bid envelopes must be clearly marked “SEALED BID,” the Bidder’s name, the title of the bid, and the opening date and time.
6.2 All bids received after the time stated in the Invitation to Bid will not be considered and will be returned unopened to the Bidder. The Bidder assumes risk of delay in the mail. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having bids deposited on time at the place specified.
By signing this contract, grant, or other agreement, 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
The Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701– 3708), where applicable. (Contracts in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5)).
The submission of a bid will be construed to mean that the Bidder is fully informed as to the extent and character of the supplies, materials, or equipment required, and as a representation that the bidder can furnish the supplies, materials, or equipment satisfactorily in complete compliance with the specifications.
If applicable, the Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
All contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension).
Bids may be rejected if they contain any omissions, alterations of form, additions not called for, conditional bids, alternate bids unless requested by the City, incomplete bids, erasures, or irregularities of any kind. Bids in which the Unit or Lump Sum prices are obviously unbalanced may be rejected. The City reserves the right to reject any and all bids for any reason and to waive any informality or irregularity in the bids received.
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) as follows:
Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency.
All contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension).
In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—
Competitively within a timeframe providing for compliance with the contract performance schedule;
Meeting contract performance requirements; or
At a reasonable price.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
All bids for technical products or services in conjunction with ongoing or new construction system projects shall be approved for specification compliance by the City’s Project Engineer and a designated presentative of the City of Orange Beach. No bid shall be awarded without first hearing the recommendation of the City’s Project Engineer.
Sample of items, when required, must be furnished free of expense to the City and, if not destroyed, will upon request be returned at the bidder’s expense.
1. Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this claus
2. Prohibitions.
a. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
b. Unless an exception in paragraph 3 of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
3. Exceptions.
a. This clause does not prohibit contractors from providing—
A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
b. By necessary implication and regulation, the prohibitions also do not apply to:
1. Covered telecommunications equipment or services that:
Are not used as a substantial or essential component of any system; and
Are not used as critical technology of any system.
2. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
4. Reporting requirement.
In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph 4b of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
The Contractor shall report the following information pursuant to paragraph 4a of this clause:
Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
Within 10 business days of submitting the information in paragraph 4b-2 of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
5. Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph 5, in all subcontracts and other contractual instruments.”
Each Bidder shall be prepared, if requested by the City, to present evidence of its experience, qualifications, and financial ability to carry out the terms of the Contract. The City reserves the right to disqualify any bidder who, in the sole judgement of the City, fails to adequately demonstrate qualifications and experience sufficient to enable that bidder to successfully complete the scope of work under this Contract.
As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
All contractors are required to comply with all federal laws, regulations, and executive orders.
The Contractor’s attention is directed to the fact that all applicable State laws, Municipal Ordinances, and the Rules and Regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full.
Section 31-13-9, Code of Alabama 1975, requires that contractors provide proof of enrollment with the E-Verify program administered by the U.S. Department of Homeland Security. Proof of E-Verify documentation will be in the form of a copy of the signed Memorandum of Understanding (MOU) generated upon completion of the E-Verify program.
All Contractors submitting bids in excess of Fifty Thousand Dollars ($50,000.00) must be licensed contractors in the State of Alabama and must state their License Number on their Bid Form. Contracts less than Fifty Thousand Dollars ($50,000.00) will not require a General Contractor’s License; however, all other requirements shall remain the same.
The successful bidder will be required to obtain a City of Orange Beach Business License in order to operate within the Corporate Limits.
The successful bidder shall be required to comply with all building permit procedures and requirements. Building permit fees for this project shall be waived.
All bids in excess of Fifty Thousand Dollars ($100,000.00) shall require a bid bond equal to 5% of the contract amount or $10,000, whichever is lesser. Bid bonds will be returned by the City after the contract has been awarded.
If the winning bid is in excess of Fifty Thousand Dollars ($100,000.00), the Contractor shall obtain a performance bond equal to 100% of the contract amount and shall provide such bond within ten (10) days of Notice of Award.
If the winning bid is in excess of Fifty Thousand Dollars ($100,000.00), the Contractor shall obtain a Labor & Materials Payment Bond equal to but not less than 50% of the contract amount and shall provide such bond within ten (10) days of Notice of Award. The bond shall include payment of reasonable attorney’s fees incurred by successful claimants in civil actions.
Contractor agrees, at its sole expense, to maintain on a primary and non-contributory basis during the life of this Contract, or the performance of Work hereunder, insurance coverages, limits, and endorsements as set out below. Contractor agrees to obtain Commercial General Liability, Business Auto Liability, Worker’s Compensation, and Commercial Umbrella/Excess Liability before starting the work. Contractor also agrees to undertake the obligation to insure that all subcontractors abide by these same insurance requirements.
The Contractor agrees the insurance requirements herein as well as City’s review or acknowledgment is not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Contract.
Commercial General Liability
Contractor agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence, $2,000,000 Annual Aggregate. Contractor agrees its coverage will not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, X-C-U Coverage, Contractual Liability, or Cross Liability.
Business Automobile Liability
Contractor agrees to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence. Coverage shall include liability for Owned, Non-Owned, and Hired Automobiles.
Worker’s Compensation & Employer’s Liability
Regardless of any “minimum requirements” of the State of Alabama, Contractor shall obtain Worker’s Compensation insurance covering all workers involved in the Work. (Note: Elective exemptions or coverage through an employee leasing arrangement will violate this requirement.) Subcontractor shall also obtain Employer’s Liability insurance with minimum limits of $500,000 Each Accident, $500,000 Disease Policy Limit, and $500,000 Each Employee.
Commercial Umbrella/Excess Liability
Contractor agrees to maintain either a Commercial Umbrella or Excess Liability at a limit of liability not less than $1,000,000 Each Occurrence, $1,000,000 Aggregate. The Contractor agrees to endorse the City as an “Additional Insured” on the Commercial Umbrella/Excess Liability, unless the Commercial Umbrella/Excess Liability provides coverage on a pure/true follow-form basis, or the City is automatically defined as an Additional Protected Person.
Additional Insured Endorsements
The Contractor agrees to endorse the City as an Additional Insured on the Commercial General Liability with the following Additional Insured endorsement, or similar endorsement providing equal or broader Additional Insured coverage than:
The name of the organization endorsed as Additional Insured for all endorsements shall read “City of Orange Beach.”
Waiver of Subrogation
Contractor agrees by entering into this written Contract to a Waiver of Subrogation in favor of the City. If a policy prohibits waiving subrogation rights without an endorsement, the Contractor agrees to endorse it with a Waiver of Transfer of Rights of Recovery against Others, or an equivalent endorsement. This Waiver of Subrogation requirement shall not apply to any policy which voids coverage if subrogation is waived.
Right to Revise or Reject
The City reserves the right to revise any insurance requirement based on insurance market conditions affecting the availability or affordability of coverage; or changes in the scope of work/specifications affecting the applicability of coverage. Additionally, the City reserves the right, but not the obligation, to review and reject and insurance policies failing to meet the criteria stated herein, or any insurer(s) providing coverage, due to its poor financial condition or failure to operate legally in the State of Alabama. In such events, City shall provide Contractor written notice of such revisions or rejections.
No Representation of Coverage Adequacy
The coverages, limits, or endorsements required herein protect the primary interests of the City, and the Contractor agrees in no way should these coverages, limits, or endorsements required be relied upon when assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposures, whether as a result of the Project or otherwise.
Certificate of Insurance
Contractor agrees to provide City a Certificate of Insurance evidencing the above coverages. If the Contractor receives a non-renewal or cancellation or other material change notice from an insurance carrier affording coverage required herein, Contractor agrees to notify the City immediately with specifics as to which coverage is no longer in compliance. The City shall have the right, but not the obligation, of prohibiting Contractor from entering the Work site until a new Certificate of Insurance is provided to the City evidencing the replacement coverage. The Contractor agrees the City reserves the right to withhold payment to Contractor until evidence of reinstated or replacement coverage is provided to the City. If the Contractor fails to maintain the insurance as set forth herein, the Contractor agrees the City shall have the right, but not the obligation, to purchase replacement insurance, which the Contractor agrees to reimburse any premiums or expenses incurred by the City.
The Contractor agrees the Certificate(s) of Insurance shall:
1. Clearly indicate the City has been endorsed on the Commercial Umbrella/Excess Liability and Commercial General Liability policy as an Additional Insured. Clearly indicate the project name and project number.
2. Clearly indicated Certificate Holder(s) as follows:
Original to:
City of Orange Beach
Attn: City Clerk
P.O. Box 458
Orange Beach, Alabama 36561
Deduction at the rate of Five Hundred Dollars ($500.00) per day shall be made from the total Contract price for each and every calendar day beyond the thirty (30) days from the date of Notice to Proceed that the work remains not satisfactorily completed.
The above mentioned sum shall be deducted as Liquidated Damages. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and Contractor shall pay them to the City without limiting the City’s right to terminate this agreement for default as provided elsewhere herein.
In cases of default of the contractor, the City may procure the Work from other sources and hold the contractor responsible for any excess cost occasioned thereby.
The Bidder may submit an Application for Payment for provided labor and materials in accordance with the accepted Unit Prices. Payment shall be made to the Bidder within thirty (30) days of receipt and approval of Application for Payment.
Please download the below documents, complete, and upload.
(Includes pricing table to complete)
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Ex. The Orange Beach Event Center is located at 4671 Wharf Parkway, Orange Beach, AL 36561.
Q (Budget): What is the City budget for this project?
A: We do not have a budget to provide for this project. Pricing to be based on specifications in bid documents.
Q (Post Pre-bid confirmations): 1. Can you confirm that the Erosion Control will be performed by the city? 2. Can you please clarify that the areas underneath the proposed berms and parking lot areas that contain hurricane debris will have to be undercut approximately Two Feet? 3. Will all permitting and testing be handled by the city?
A: 1. The area will be encompassed by earthen berm and therefore no additional erosion controls will be necessary. 2. The areas under the parking and firing line will need to be excavated to a depth of approximately 2-feet. The City will designate an area on site where the mulch will be deposited. 3. Yes.
Q (Drainage): Are the drainage pipe ends connecting to structures, or will they require a concrete MES?
A: They do not connect to any structures. Open on each end with headwalls.
Q (Drainage pipe): The project layout page does not show the location of the drainage pipe to be installed in the North east berm. Can a detail be provided for exact location with invert elevations?
A: The storm drain pipe shall be field located at low points in the northeast and southeast corners.
Q (Drainage pipe): What is the length drainage pipe to be installed? Is there a drawing with this detail that can be provided?
A: 15" dia. pipe with headwalls, 100' total length. There are no additional drawings to provide.
Q (Stabilization/erosion control): Are there any erosion control and stabilization requirements that can be provided for this project?
A: The area will be encompassed by earthen berm and therefore no additional erosion controls will be necessary.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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