20251015_CRS_Resiliency_IFB.pdf

BIDDING & CONTRACT DOCUMENTS

CLINTON RIVER SPILLWAY

CLIMATE RESILIENCY PROJECT

Clinton and Harrison Townships, Michigan

Project No. # SWS-2025-002

For

Macomb County Public Works Office

As Agent For

Clinton River Spillway

Intercounty Drain Drainage Board

21777 Dunham Road

Clinton Township, MI 48034

By

Hubbell, Roth & Clark, Inc.

555 Hulet Drive

Bloomfield Hills, MI 48303

HRC PROJECT # 20221060

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CLINTON RIVER SPILLWAY CLIMATE RESILIENCY PROJECT TABLE OF CONTENTS

CLINTON RIVER SPILLWAY INTERCOUNTY DRAIN DRAINAGE BOARD 00 01 10 / 1

Job 20221060 h r c e n g r g e n e r a l p r o j d o c s d e s i g n p r o j e c t d o c s s p e c s s p e c s d r a i n i m p r o v e m e n t s t a b l e o f

TABLE OF CONTENTS

CLINTON RIVER SPILLWAY CLIMATE RESILIENCY PROJECT

Clinton and Harrison Townships, Michigan

Project No. SWS-2025-002

NUMBER SECTION NAME PAGE NUMBER

BIDDING REQUIREMENTS - CONTRACT PROVISIONS

00 00 10 Cover ............................................................................................................................... 1 and 2

00 01 10 Table of Contents ............................................................................................................ 1 and 2

00 11 13 Advertisement for Bids ................................................................................................... 1 and 2

00 21 13 Instructions to Bidders ................................................................................................... 1 thru 10

00 41 43 Bid Form ......................................................................................................................... 1 thru 6

00 43 13 Bid Bond ......................................................................................................................... 1 and 2

00 45 13 Bidder's Qualifications Form ......................................................................................... 1 thru 12

00 45 14 Iran Linked Business Certification ................................................................................. 1 and 2

00 45 15 Davis Bacon Prevailing Wage Rates ............................................................................ 1 thru 16

00 45 46 Certification Regarding Debarment, Suspension, and other Responsibility Matters ...... 1 and 2

00 51 00 Notice of Award .............................................................................................................. 1 and 2

00 52 00 Agreement Form.............................................................................................................. 1 thru 8

00 55 00 Notice to Proceed ............................................................................................................ 1 and 2

00 61 13.13 Performance Bond .......................................................................................................... 1 thru 4

00 61 13.16 Payment Bond ................................................................................................................. 1 thru 4

00 61 13.17 Warranty Bond ................................................................................................................ 1 and 2

00 61 13.19 Contractor’s Declaration ................................................................................................. 1 and 2

00 61 13.20 Contractor’s Affidavit ..................................................................................................... 1 and 2

00 62 76 Application for Payment .............................................................................................. 1 thru 12

00 62 90 Partial Waiver of Lien ..................................................................................................... 1 and 2

00 63 13 Request for Interpretation ................................................................................................ 1 and 2

00 63 25 Substitution Request Form .............................................................................................. 1 and 2

00 63 36 Field Order Form ............................................................................................................. 1 and 2

00 63 49 Work Change Directive ................................................................................................... 1 and 2

00 63 63 Change Order Form ......................................................................................................... 1 and 2

00 63 70 Non-Conformance Notice ............................................................................................... 1 and 2

00 65 16 Certificate of Substantial Completion ............................................................................. 1 and 2

00 65 19 Notice of Acceptability ................................................................................................... 1 and 2

00 65 20 Final Unconditional Waiver of Claim ............................................................................. 1 and 2

00 72 43 General Conditions ........................................................................................................ 1 thru 82

00 73 00 Supplementary Conditions .............................................................................................. 1 thru 8

00 91 13 Addenda .......................................................................................................................... 1 and 2

TABLE OF CONTENTS CLINTON RIVER SPILLWAY CLIMATE RESILIENCY PROJECT

00 01 10 / 2 CLINTON RIVER SPILLWAY INTERCOUNTY DRAIN DRAINAGE BOARD

h r c e n g r g e n e r a l p r o j d o c s d e s i g n p r o j e c t d o c s s p e c s s p e c s d r a i n i m p r o v e m e n t s t a b l e o f

DIVISION 1 GENERAL REQUIREMENTS

01 00 00 General Specifications ................................................................................................... 1 thru 10

01 00 10 Supplemental Project Requirements ............................................................................... 1 thru 6

01 27 00 Bid Item Description ....................................................................................................... 1 thru 6

01 33 00 Submittals ........................................................................................................................ 1 thru 6

01 45 00 Quality Control ................................................................................................................ 1 thru 4

DIVISION 2 SITE WORK

02 11 00 Site Clearing .................................................................................................................... 1 thru 4

02 20 00 Earthwork ...................................................................................................................... 1 thru 10

02 20 02 Drainage Geotextiles ....................................................................................................... 1 thru 4

02 21 10 Rough Grading ................................................................................................................ 1 thru 4

02 22 00 Soil Erosion Control ..................................................................................................... 1 thru 6

02 22 50 Rolled Erosion Control Products ..................................................................................... 1 thru 8

02 23 30 Coir Fiber Rolls ............................................................................................................... 1 thru 4

02 27 50 Riprap .............................................................................................................................. 1 and 2

02 55 00 Maintaining Traffic ......................................................................................................... 1 thru 6

02 92 90 Seeding ............................................................................................................................ 1 thru 6

02 93 00 General Landscape Materials and Final Grading ............................................................ 1 and 2

02 93 30 Fine Grading, Native Seeding, and Plug Planting ......................................................... 1 thru 10

02 95 80 Special Landscaping Requirements ............................................................................... 1 thru 10

02 97 00 Landscape Maintenance and Guarantee Standards ......................................................... 1 thru 4

02 99 00 Permits ............................................................................................................................. 1 and 2

DIVISION 31

31 31 19 Vegetation Control .......................................................................................................... 1 and 2

SPECIAL PROVISIONS

SP 01 Prevent Spreading of Invasive Species Control Measures .............................................. 1 and 2

SP 02 Habitat Enhancement Structures ..................................................................................... 1 thru 8

SP 03 Rootwad Revetment ........................................................................................................ 1 and 2

SP 04 Turbidity Curtain ............................................................................................................. 1 thru 4

SP 05 Native Plantings ............................................................................................................ 1 thru 10

SP 06 Native Seeding and Establishment .................................................................................. 1 thru 6

END OF SECTION 00 01 10

EJCDC® C-111, Advertisement for Bids for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ADVERTISEMENT FOR BIDS

Clinton River Spillway Resiliency Project

Clinton and Harrison Twp., MI

Macomb County Public Works Office (MCPWO) on behalf of the Clinton River Spillway Intercounty

Drain Drainage Board (Owner) is requesting bids for the construction of the following Project:

Clinton River Spillway Resiliency Project

Project No. # SWS-2025-002

Bids for the Project will be received at the Macomb County Public Works Commission Office located at 21777 Dunham Rd., Clinton Township, Michigan 48036 until Monday, November 17th, 2025 at 10:00

AM local time. At that time the Bids received will be Publicly opened and read.

The Project includes the following Work:

• Dredging of approximately 7,425 cubic yards of sediment from offline ponds.

• Restoration of native habitats on banks throughout the spillway, including:

o Approximately 6,550 feet of coir log embankments, o Approximately 760 feet of rootwad revetments, o Approximately 1 acre of tree plantings, o Approximately 75 cyd of riprap o Approximately 3.5 acres of native seeding.

• Installation of a ledge rock outcropping.

Information and Bidding Documents for the Project can be found at the following designated website:

Michigan Inter-governmental Trade Network (MITN) – www.bidnetdirect.com

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other

Bidding Documents will be offered only through the designated website.

Neither Owner nor Engineer shall be responsible for errors, omissions, misinterpretations, or defects resulting from the use of incomplete Bidding Documents. Further, Bidder agrees to waive any claim it has or may have against the Owner, Engineer, and their respective Employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid.

An optional pre-bid conference for the Project will be held on Monday, October 27th, 2025 at 2:30 PM local time. The meeting will be at the Macomb County Public Works Office located at 21777

Dunham Rd., Clinton Township, Michigan. Bids may not be accepted from Bidders that do not attend the mandatory pre-bid conference.

Instructions to Bidders

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer

Section 00 21 13 Instructions to Bidders that are included in the Bidding Documents.

This is a Davis/Bacon Prevailing Wage project.

EJCDC® C-111, Advertisement for Bids for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

This Advertisement is issued by:

Owner: Clinton River Spillway Intercounty Drain Drainage Board

By: Chris Robinson

Title: Project Manager

Date: October 16th, 2025

EJCDC® C-200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page1 of 1

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION

CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

Article 22— Contracts to Be Assigned

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

B. Owner- One who the bid is submitted to, Macomb County Public Works Office on behalf of the Clinton River Spillway Intercounty Drain Drainage Board

C. Bidder – One who submits the Proposal directly to the Owner as distinct from a sub-bidder, who submits a bid to Bidder.

D. Successful Bidder – The lowest, responsible, and responsive Bidder to whom the Owner (on the basis of the Owner’s evaluation as herein provided) makes an award.

E. Proposal – All documents submitted to the Owner, by the Bidder, including, but not limited to, pricing proposal, bid security, schedules, bidder qualifications, and other documents referenced herein. Also referred to in these documents as the Bid.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents

(together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is

Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

Neither Owner nor Engineer shall be responsible for errors, omissions, misinterpretations, or defects in the Proposal, and Bidder agrees to waive any claim it has or may have against the Owner, Engineer, and their respective Employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website.

2.04 Plan rooms (including construction information subscription services, and electronic and virtual plan rooms) may distribute the Bidding Documents, or make them available for examination. Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from a plan room are encouraged to register as plan holders from the Bidding Documents Website or Issuing

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Office. Owner is not responsible for omissions in Bidding Documents or other documents obtained from plan rooms, or for a Bidder’s failure to obtain Addenda from a plan room.

2.05 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding

Documents are available, such documents will be made available to the Bidders as Electronic

Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version 9.0 or later. It is the intent of the

Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective

Date of the Contract.

C. Bidder’s state or other contractor license number, if applicable.

D. Subcontractor and Supplier qualification information.

E. Other required information regarding qualifications.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4—PRE-BID CONFERENCE

4.01 An optional pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project.

Proposals may not be accepted from Bidders who do not attend the conference. It is each Bidder’s

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

responsibility to sign in at the pre-bid conference to verify its participation. Bidders must sign in using the name of the organization that will be submitting a Bid.

4.02 Information presented at the pre-bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF

SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The site is identified in the Bidding Documents. By definition, the site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Owner’s Safety Program

A. Site visits and work at the site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.03 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the

Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the

Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the

Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows:

Questions are due in writing by 3:00 PM on Monday, November 3rd, 2025 to:

HRC – Nancy Kolinski – nkolinski@hrcengr.com

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract

Documents unless set forth in an Addendum that expressly modifies or supplements the Contract

Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of

Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General

Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released.

If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 Provisions for liquidated damages, if any, for failure to timely attain a milestone, substantial completion, or completion of the Work in readiness for final payment, are set forth in the

Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the

Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by

Engineer until after the Effective Date of the Contract.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific subcontractors and suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective

Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 Subcontractor and supplier qualification information must be submitted with the Proposal.

11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such

Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent

Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest responsible Bidder that proposes to use acceptable Subcontractors and

Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the

Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or

Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A bid price must be indicated for each section, bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the

Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the

Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venture in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the signatures.

12.09 The bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.

12.10 Postal and e-mail addresses and telephone number for communications regarding the bid must be shown.

12.11 The bid must contain evidence of Bidder’s authority to do business in the state where the project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the

Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the

Bid Form.

ARTICLE 13—BASIS OF BID

13.01 Unit Price

A. Bidders must submit a bid on a unit price basis for each item of work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for bid comparison purposes. The final quantities and contract price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

13.02 Allowances

A. For cash allowances the Bid price must include such amounts as the Bidder deems proper for

Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General

Conditions.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 14—SUBMITTAL OF BID

14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the

Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the Bid

Form.

14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the

Advertisement or invitation to bid and must be enclosed in a plainly marked package with the

Project title, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the

Advertisement.

14.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to

Bidders after the opening of Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for the period of time stated in the bid form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all bids in its sole discretion, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the

Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

18.04 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid

Form or prior to the Notice of Award.

B. Selection will be based upon multiple components. Owner will consider factors other than a

Bidder’s pricing, which may including, but are not limited to, schedule, capacity, and competency to perform the work, means and methods, history of litigation and arbitration, safety history, sub-contractor qualifications, rental rate discounts, time and material mark-up percentages, and alternates.

18.05 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

18.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General

Conditions.

ARTICLE 21—SALES AND USE TAXES

21.01 All prices stated in the Proposal will include all Federal, State, County and Municipal taxes, including Michigan State Sales and Use Taxes, or contributions required by Proposer’s business.

ARTICLE 22—CONTRACTS TO BE ASSIGNED

NOT APPLICABLE

EJCDC® C-410, Bid Form for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID FORM FOR CONSTRUCTION CONTRACT

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

A. This Bid is submitted to: Macomb County Public Works Office on behalf of Clinton River

Spillway Intercounty Drain Drainage Board

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Required bid security;

B. List of proposed subcontractors;

C. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of bids;

D. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids;

E. Required Bidder Qualification Statement with supporting data;

ARTICLE 3—BASIS OF BID—UNIT PRICES

3.01 Unit Price Bids

A. Bidder will perform the following Work at the indicated unit prices:

BASE BID

Item

No.

Pay Item Quantity Units Unit Price Amount

1 Mobilization (5% Max) 1 Lsum $ $

2 Permits (Allowance) 5,000 Dlr $ $

3 Maintaining Traffic 1 Lsum $ $

Erosion Control, Gravel

Access Approach (As Needed) 2 Ea $ $

Erosion Control, Turbidity

Curtain, Deep 1 Lsum $ $

Erosion Control, Silt Fence

(As Needed) 2,000 Ft $ $

Clearing and Grubbing (As

Needed) 1 Ac $ $

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Construction Fencing (As

Needed) 100 Ft $ $

Prevent Spreading of Invasive

Species Control Measures 1 Lsum $ $

10 Excavation, Pools 7,425 Lft $ $

Bank Stabilization, Riprap (As

Needed) 75 Cyd $ $

12 Bank Stabilization, Coir Logs 6,550 Lft $ $

Bank Stabilization, Rootwad

Revetment 760 Lft $ $

Bank Stabilization, Rock

Outcropping 20 Ton $ $

Mulch Blanket, High Velocity

(As Needed) 300 Syd $ $

16 Native Prairie Mix 3.50 Ac $ $

17 Tree Plantings 1.00 Ac $ $

18 Restoration 1 Lsum $ $

BASE BID Total $

(Items 1 thru 18)

BASE BID Total (Words)

ALTERNATE 1 - TREES

Item

No.

Pay Item Quantity Units Unit Price Amount

17.1 Tree Plantings 2.99 Ac $ $

ALTERNATE 1 Total $

(Item 17.1)

ALTERNATE 1 Total (Words)

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ALTERNATE 2 – PEDESTRIAN BRIDGE AREA

Item

No.

Pay Item Quantity Units Unit Price Amount

10.2 Excavation, Pools 950 Cyd $ $

11.2 Bank Stabilization, Coir Logs 100 Lft $ $

13.2

Bank Stabilization, Rootwad

Revetment 130 Lft $ $

16.2 Native Prairie Mix 0.5 Ac $ $

17.2 Tree Plantings 0.28 Ac $ $

ALTERNATE 2 Total $

(Items 10.2, 11.2, 13.2, 16.2, 17.2)

ALTERNATE 2 Total (Words)

B. Bidder acknowledges that:

1. Each Bid Unit Price includes an amount considered by Bidder to be adequate to cover

Contractor’s overhead and profit for each separately identified item, and

2. Estimated quantities are not guaranteed and are solely for the purpose of comparison of

Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

C. All specified cash allowance(s) are included in the price(s) set forth above and have been computed in accordance with Paragraph 13.02 of the General Conditions.

Lump Sum for Cash Allowance 1 – Permits $ 0.00

Lump Sum for Cash Allowance 2 – Anything Else $ 0.00

Lump Sum Cash Allowance Total (Item No. XX Above): $ 0.00

ARTICLE 4—TIME OF COMPLETION

4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

4.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS,

AND RECEIPT OF ADDENDA

5.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

5.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary

Conditions, with respect to the Technical Data in such reports and drawings.

5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental

Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary

Conditions, with respect to Technical Data in such reports and drawings.

6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical

Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and (c) Bidder’s

(Contractor’s) safety precautions and programs.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

8. Bidder is aware of the general nature of work to be performed by Owner and others at the

Site that relates to the Work as indicated in the Bidding Documents.

9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by

Engineer is acceptable to Contractor.

10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

6.02 Bidder’s Certifications

A. The Bidder certifies the following:

1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

3. Bidder has not solicited or induced any individual or entity to refrain from bidding.

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A:

a.