751.22441.AGY Felch Grade Gravel Capping Bid Package.pdf

State of Michigan Department of Technology, Management and Budget

State Facilities Administration Design and Construction Division

DCSPEC

Bidding and Contract Document Minor Projects

751/22441

AGY

Natural Resources Parks and Recreation

Division Felch Grade Gavel Capping 2022

Felch Grade ORV Route Dickinson County

8/29/2022

DTMB-0401D (R 03/21)

BID SUMMARY

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

STATE FACILITIES ADMINISTRATION

DESIGN AND CONSTRUCTION DIVISION

3111 W. St. Joseph Street Lansing, Michigan 48917

Bids must be submitted electronically through the SIGMA VSS website at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService

FILE NUMBER

751/22441

FUNDING CODE

AGY

DEPARTMENT/AGENCY

Natural Resources Parks and Recreation Division

CONTRACT TIME(S)

12/01/2022

PROJECT NAME

Felch Grade Gravel Capping 2022

LOCATION

Felch Grade ORV Route Dickinson

BID OPENING DATE

October 13th, 2022 at 2:00 pm ET

FOR AN EXAMINATION OF THE SITE CONTACT:

Rob Katona 906-250-9116 katonar@michigan.gov

SEE SECTION 00100 INSTRUCTIONS TO BIDDERS AND SECTION 00700 GENERAL CONDITIONS PROVIDED WITH THE BIDDING DOCUMENTS.

BID: WE PROPOSE TO FURNISH, PERFORM AND COMPLETE THE ENTIRE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS

IN CONSIDERATION OF THE BID PRICE (S) STATED BELOW.

FIRM NAME AND COMPLETE ADDRESS TELEPHONE NUMBER and E-MAIL ADDRESS

□ Qualified Disabled Veteran

SIGMA VENDOR NUMBER

(protected information required for processing payments)

BIDDER'S SIGNATURE AND TITLE DATE

WITNESS' SIGNATURE DATE

By signing this bid above, bidder certifies their enclosed Qualified Disabled Veteran and Michigan-Based Business Certifications.

BASE BID FROM BID SCHEDULE (Include specified Allowances):

____________________________________________________________________________Dollars (use words) (in figures)

Alternate1: (Add/Subtract) ______________________________________________________ Dollars $ (use words) (in figures)

Alternate 2: (Add/Subtract) ______________________________________________________Dollars $ (use words) (in figures)

Alternate 3: (Add/Subtract) ______________________________________________________Dollars $ (use words) (in figures)

A PERFORMANCE BOND AND A PAYMENT BOND ARE REQUIRED FOR ALL BIDS OVER $50,000.00. EACH BID MUST BE ACCOMPANIED BY A FIVE (5) PERCENT BID GUARANTEE. BUILDERS RISK INSURANCE IS REQUIRED TO BE PROVIDED BY

THE CONTRACTOR UNLESS OTHERWISE INDICATED IN THE BID DOCUMENTS.

BIDDERS ARE ALSO CAUTIONED TO FAMILIARIZE THEMSELVES WITH ALL OF THE OTHER CONDITIONS OF THE CONTRACT.

Project Scope of Work:

1. STATEMENT OF WORK

The contractor shall furnish, but is not necessarily limited to, all necessary personnel, material, equipment, services and facilities required for the satisfactory completion, improvement and construction of all items at the project site as indicated on the drawings and specified herein. This work must include the improvements and construction of all or a portion of the following items:

Gravel surfacing approximately 4 miles of ORV route between Felch and Foster City for a total of 4,300 cubic yards of gravel.

2. BACKGROUND/PURPOSE

The Felch Grade is a 39 mile State designated ORV route and snowmobile trail located in Delta, Dickinson and Menominee Counties. This route currently receives a high amount of ORV use which has impacted portions of the route resulting in trail surface issues that are in need of improvements to meet desired ORV route standards. The route improvements will address trail surface concerns, provide easier snowmobile trail grooming and safer conditions for ORV and snowmobile users. There is considerable hole widening and rutting that is occurring at the worst spots, further erosion and surface deterioration is expected if ignored.

3. SPECIAL REQUIREMENTS AND NOTIFICATION

A. The contractor shall provide suitable equipment for all work. Equipment shall be in good working condition and shall be operated by individuals who are properly trained and skilled for such equipment.

B. Contractor shall be responsible for obtaining all permits and complying with all pertinent regulations of governmental agencies having jurisdiction.

C. Contractor shall verify that the culverts are properly aligned and undamaged after reconstruction. In the event that they do become damaged, the Contractor is responsible for replacing them without additional compensation.

D. In the event of conflict between or among specified requirements and pertinent regulations, the more stringent requirement will govern when so directed by the project manager.

E. The Contractor shall thoroughly inspect the premises prior to commencing work. The Contractor shall also determine the extent of work required and the need for temporary shoring and/or permanent structural changes.

F. The Contractor shall comply with Act 174, P.A. of 2013, by notifying the public utilities of the proposed work at least 48 hours prior to the commencement of such activities by contacting MISS DIG @ 800-482-7171 or www.missdig.net.

G. It shall be the responsibility of the contractor to determine the exact location of all existing utilities. For those utilities to remain in service, the Contractor shall make temporary and/or permanent relocation, as necessary, to comply with the drawings.

4. TECHNICAL SPECIFICATIONS AND MATERIALS

Gravel Surface Material: Surface material must consist of small to moderately sized gravel, 22A or comparably sized road type aggregate, unless directed otherwise by project manager. Hard pan must not be used as a suitable surface material. Surface material must be inspected and approved by project manager prior to use.

Estimated yards of material per trail segment: 4,300 cu yds between Calumet Mine Road in Felch and Finn Town Road in Foster City.

The pits to be used will be the selected Contractor’s responsibility. The Contractor is responsible for providing and transporting all materials which must be inspected and approved by the project manager prior to use. Contractor will be required to meet with the project manager prior to beginning work and periodically during the time work is being performed.

5. WORK AND DELIVERABLE

A. Trail Surface Preparation: Machine grade to prepare trail surface prior to gravel capping to establish crown or cross slope as identified to specifications illustrated on the route cross section drawings to allow for adequate drainage. Machine grading with bulldozer to shape and prepare the trail for gravel capping is acceptable but shall not occur during and immediately following a period of heavy rain as directed by the project manager to prevent rutting and washouts. Gravel capping preparation work may include the following work to meet acceptance:

a. Pull any suitable material located on the edges/curbs into the grade as directed by project manager. Equipment such as bulldozers will be required to perform this work.

b. Machine grade the back filled areas according to specifications illustrated on the route cross section drawing and indicated below.

c. Level all deposits and berms on the edge of the grade to allow for proper drainage.

d. Grade to drawing specifications.

e. Compact grade surface as directed by project manager.

f. Remove all large deposits and/or rocks that are unable to be leveled from the entire width of the grade so that the route is free from obstructions.

B. Gravel Surfacing: Haul specified materials as identified in Item #4 above, from contractor’s selected pit to perform gravel surfacing to achieve a 12’ minimum wide route as directed by project manager and identified in the attached drawings.

Gravel depths of 4-6 inches when compacted must be achieved when gravel capping/surfacing. Gravel shall be tailgate or dump box spread to meet desired depth or gravel spreader may be used, gravel must not be stockpiled on the trail creating an obstruction. Gravel surface must be smoothed daily outside of working hours to provide a relatively smooth unobstructed surface which would allow safe travel for equipment and ORVs. The finished slopes shall meet specifications identified on the details. The finished grade of the fill must blend with the surrounding area. Filling, sloping, and gravel surfacing will be identified and discussed during the pre-project meeting. Gravel surfacing and filling must be performed prior to final machine grading.

C. Final Grading: Machine grade following gravel capping to establish crown or cross slope as identified to specifications illustrated on the route cross section drawings to allow for adequate drainage. Machine grading shall not occur during and immediately following a period of heavy rain as directed by the project manager to prevent rutting and washouts. Final machine grading must be performed using a typical motor/road grader and may include the following work to meet acceptance:

a. Avoid windrows or gravel edge drop by transitioning gravel cap to trail edge.

b. Machine grade the back filled areas according to specifications illustrated on the route cross section drawing and indicated below.

c. Level all deposits and berms on the edge of the grade to allow for proper drainage.

d. Grade to drawing specifications.

e. Compact grade surface as directed by project manager.

f. Remove all large deposits and/or rocks that are unable to be leveled from the entire width of the grade so that the route is completely free from obstructions.

NOTE: Any damage to existing culverts and signs/sign posts sustained during the performance of the shaping, filling or grading will be the responsibility of the contractor.

6. INSPECTION AND ACCEPTANCE

During the performance of the contract, or when specifically requested, the Department reserves the right to make periodic inspections to review all services called for by the contract and to assure the work is progressing satisfactorily. If any of the services do not conform to contract requirements, the Department may require the Contractor to perform the services again in conformity with contract requirements. When the defects in services cannot be corrected by reperformance, the Department may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and reduce the contract price to reflect the reduced value of the services performed. If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Department may by contract or otherwise, perform the services and charge to the Contractor the cost incurred by the Department that is directly related to the performance of such service or terminate the contract for default.

7. PERIOD OF PERFORMANCE

All tasks as specified on the statement of work shall be completed, inspected and accepted by December 1, 2022.

8. MANDATORY ON-SITE MEETINGS

This may include a mandatory pre-project meeting.

9. PROJECT MANAGER

Rob Katona, DNR contact katonar@michigan.gov; (906) 250-9116 cell

DRAWINGS

mailto:katonar@michigan.gov

Bidding and Contract Document (R 02/22) Project Name: Felch Grade Gravel Capping File No. 751/22441.AGY

PROJECT SITE MAP

Bidding and Contract Document (R 02/22) Project Name: Felch Grade Gravel Capping File No. 751/22441.AGY

The Bidder must figure its Base Bid on the specified, or Addendum-approved, materials and equipment only. No “or equal” or substitution proposals will be permitted after Bid opening, except as provided in the General Conditions.

Addenda: Bidder acknowledges receipt of Addenda: No. ___ dated: ________, No. ___ dated: ________ No. ___ dated: ________ FIRM NAME TELEPHONE NUMBER and E-MAIL ADDRESS

BID SCHEDULE

Base Bid Schedule - The Bidder will complete the Work and accept as full payment, for the Work items listed, the following Unit Prices and/or Item Bid Prices, as applicable:

Base Bid Item No.

Bid Quantity

Description

Unit Price

Item Bid

Bidding and Contract Document (R 02/22) Project Name: Felch Grade Gravel Capping File No. 751/22441.AGY

ALLOWANCE AMOUNT

TOTAL (This amount should equal the Base Bid amount on the Bid Summary Form) $

Base Bid (Sum of Item Bid Prices for all Base Bid Items):

__________________________________________________________________ Dollars $__________________________ (use words) (in figures)

Schedule of Alternates - The Bidder will complete (or deduct from the Contract) the parts of the Work designated by the Alternates that follow and accept in full payment (or allow in full credit) for those parts of the Work the following Item Bid Prices:

Alternate Item No.

Bid

The Bidder further acknowledges and agrees that the separate prices bid on this “Schedule of Alternates,” where they are applicable and deemed acceptable by the Owner, will be used if incorporated into the Contract when the Owner issues the Notice of Award.

Schedule of Unit Prices or Contingent Change Order Prices - The Bidder shall use this “Schedule” to quote unit prices identified in the bid documents or propose other contingent Change Order prices. The proposed Unit Prices or contingent Change Order prices set forth in this schedule, at the sole discretion of the Owner, may, or may not be incorporated into the Contract Documents. The Owner reserves the right to negotiate Unit Prices or contingent Change Order prices set forth herein prior to their possible incorporation into the Contract Documents.

Bidding and Contract Document (R 02/22) Project Name: Felch Grade Gravel Capping File No. 751/22441.AGY

Item No. Bid

Bidding and Contract Document (R 02/22) Project Name: Felch Grade Gravel Capping File No. 751/22441.AGY

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

State Facilities Administration

Design & Construction Division

Qualified Disabled Veteran (QDV) Business Representation

‘Qualified Disabled Veteran,’ means a business entity that is 51% or more owned by one or more veterans with a service-connected disability.

‘Qualified Disabled,’ means a business entity that is 51% or more owned by one or more with a service-connected disability.

The vendor represents that it IS _____, a qualified disabled veteran.

The contractor represents and warrants that the company meets the above (when checked) and has attached supporting documentation per the following:

Each bid requesting the Qualified Disabled Veterans (QDV) preference, in accordance with Public Act 22 of 2010, MCL 18.1241.3 shall include a DD214 Proof of Service and Discharge, a Veterans Administration rating decision letter, proof of disability (if the disability is not indicated on the DD214), and appropriate legal documents setting forth the 51% natural persons QDV ownership.

Fraudulent Certification as a Qualified Disabled Veteran may result in debarment under MCL 18.264.

Certification of a Michigan Based Business

(Information Required Prior to Contract Award for Application of State Reciprocity Provisions)

To qualify as a Michigan Based Business:

Vendor must have, during the 12 months immediately preceding this bid deadline:

or If the business is newly established, for the period the business has been in existence, it has:

(Check all that apply):

Filed a Michigan single business tax return showing a portion, or all the income tax base allocated or apportioned to the State of Michigan pursuant to the Michigan Single Business Tax Act, 1975 PA 228, MCL 208.1 – 208.145:

or

Filed a Michigan income tax return showing income generated in or attributed to the State of Michigan; or

Withheld Michigan income tax from compensation paid to the bidder’s owners and remitted the tax to the

Department of Treasury; or

I certify that I have personal knowledge of such filing or withholding, that it was more than a nominal filing for the purpose of gaining the status of a Michigan business, and that it indicates a significant business presence in the state, considering the size of the business and the nature of its activities.

I authorize the Michigan Department of Treasury to verify that the business has or has not met the criteria for a Michigan business indicated above and to disclose the verifying information to the procuring agency.

Bidder shall also indicate one of the following:

Bidder qualifies as a Michigan business (provide zip code: ________________)

Bidder does not qualify as a Michigan business (provide name of State: _____________).

Principal place of business is outside the State of Michigan, however service/commodity provided by a location within the State of Michigan (provide zip code: (___________).

Fraudulent Certification as a Michigan business is prohibited by MCL 18.1268 § 268. A BUSINESS THAT PURPOSELY OR WILLFULLY SUBMITS A FALSE CERTIFICATION THAT IT IS A MICHIGAN BUSINESS OR FALSELY INDICATES THE STATE IN WHICH IT HAS ITS PRINCIPAL PLACE OF BUSINESS IS GUILTY OF A FELONY, PUNISHABLE BY A FINE OF NOT LESS THAN $25,000 and subject to debarment under MCL 18.264.

Bidding and Contract Document (R 02/22) Project Name: Felch Grade Gravel Capping File No. 751/22441.AGY

BID BOND

BID SUBMITTED ON the _______ day of ________________, 20____.

Bid Security is in the form of a Bid Bond _______ Bid Bond form has been duly executed _______; or

A Bank Certified or Cashier's check ___ or Money Order ___ is attached to this page ____ (If Bid Security is by Check or Money Order, the original check or money order must be delivered to the issuing office before Bid Due Time. ALL other SIGMA bid submittals are also still to be made).

If the Bidder is an Individual:

Name of Individual: _________________________________________________________

Name & Title of Person Authorized to sign: ___________________________________________

Signature: _________________________________________________________ (If not the Individual, Attach Power of Attorney) Date

Doing Business as: _________________________________________________________

Business Address: _________________________________________________________

County of registration _________________________

Telephone: _________________________ FAX: ______________________

If the Bidder is a Partnership:

By: _________________________________________________________ (True Name of the Partnership)

Partner Authorized to Sign Date

Signature: _________________________________________________________ (Attach evidence of Authority to sign) Date

Business Address: _________________________________________________________

County of registration _________________________

Telephone: _________________________ FAX _______________________

If the Bidder is a Corporation:

By: _________________________________________________________ (Legal Corporation Name)

Name & Title of Authorized Officer: __________________________________________________

Signature: _________________________________________________________ (Attach evidence of Authority to sign) Date

Name & Title of Officer Attesting: __________________________________________________

Signature: _________________________________________________________ Date

Business Address: _________________________________________________________

Telephone: _________________________ FAX _______________________

(State of Incorporation): _________________________________________________________

If The Bidder is A Joint Venture: JOINT VENTURE SIGNATURES MUST BE AS PROVIDED IN INSTRUCTIONS TO BIDDERS.

EACH JOINT VENTURER SIGNING THE BID MUST SIGN IN THE MANNER INDICATED FOR AN INDIVIDUAL, A PARTNERSHIP OR A CORPORATION. IF MORE THAN TWO JOINT VENTURERS OF THE SAME TYPE ARE INCLUDED, USE ADDITIONAL

Bidding and Contract Document (R 02/22) Project Name: Felch Grade Gravel Capping File No. 751/22441.AGY

PAGES. JOINT VENTURE STATE OF INCORPORATION ___________________ OR COUNTY OF REGISTRATION

POST-BID SUBMITTALS

The PSC will request this submittal after bid opening. Complete and submit these items within two business days after the request.

BIDDER’S EXPERIENCE MODIFICATION RATING (EMR) ____________

Attach letter of explanation if the Bidder does not have an EMR.

PROPOSED PROJECT SUPERINTENDENT _______________________________

Attach brief resume or list of similar successful projects.

LIST OF SIMILAR PROJECTS COMPLETED BY THE BIDDER

Please list at least three completed projects of similar size and complexity to the project being bid, with reference contact information

REFERENCE #___

Owner: _____________________________________________________________________________________

Project/Contract Name: ________________________________________________________________________

Location of Project/Contract: ____________________________________________________________________

Contract Price: _______________________ Project/Contract Started: ____________ Completed: ____________

Owner's Representative (Name and Telephone): _____________________________________________________

Scope of Project/Contract: ______________________________________________________________________

REFERENCE #___

Owner: _____________________________________________________________________________________

Project/Contract Name: ________________________________________________________________________

Location of Project/Contract: ____________________________________________________________________

Contract Price: _______________________ Project/Contract Started: ____________ Completed: ____________

Owner's Representative (Name and Telephone): _____________________________________________________

Scope of Project/Contract: ______________________________________________________________________

REFERENCE #___

Owner: _____________________________________________________________________________________

Project/Contract Name: ________________________________________________________________________

Location of Project/Contract: ____________________________________________________________________

Bidding and Contract Document (R 02/22) Project Name: Felch Grade Gravel Capping File No. 751/22441.AGY

Contract Price: _______________________ Project/Contract Started: ____________ Completed: ____________

Owner's Representative (Name and Telephone): _____________________________________________________

Scope of Project/Contract: ______________________________________________________________________

POST BID SUBMITTALS: LIST OF SUBCONTRACTORS

The Apparent Low Bidder shall nominate for each Division of Specification and/or trade category, the Subcontractor to be awarded Sub-agreements, including the apparent Low Bidder if work is to be self-performed. Nominated subcontractors shall not be removed, replaced, or added to except by written request for good reason, subject to Owner acceptance.

Division, Specification Section Nominated Amount of Subcontract and/or Trade Subcontractor(s)

1.________________________ _________________________ __________________

2.________________________ _________________________ __________________

3.________________________ _________________________ __________________

4.________________________ _________________________ __________________

5.________________________ _________________________ __________________

6.________________________ _________________________ __________________

7.________________________ _________________________ __________________

8.________________________ _________________________ __________________

9.________________________ _________________________ __________________

10._______________________ _________________________ __________________

11._______________________ _________________________ __________________

12._______________________ _________________________ __________________

13._______________________ _________________________ __________________

14._______________________ _________________________ __________________

The undersigned Apparent Low Bidder _____________________________________________________________ certifies that all the information and data furnished in this List of Subcontractors are current, accurate and complete as of the date stated below.

Signed by:____________________________Name_______________________________ Title ________________________ on this __________ day of ____________________, 20_______.

Bidding and Contract Document (R 02/22) Project Name: Felch Grade Gravel Capping File No. 751/22441.AGY

Bidding and Contract Document (R 02/22) Project Name: Felch Grade Gravel Capping File No. 751/22441.AGY

PERFORMANCE BOND

SURETY COMPANY REFERENCE No. __________________________________

That "the Contractor," ___________________________________________________, a corporation ___, individual ___, partnership ___, joint venture ___ of the State of __________________, qualified to do business in the State of Michigan, as Principal, and "the Surety," ____________________________________________________________________, of the State of _________________, as surety, are held and bound unto the State of Michigan, "the Owner," as Obligee, in the amount of __________________________________________________________________________ Dollars ($_________________), for the payment of which the Contractor and Surety bind themselves, their respective heirs, successors, legal representatives and assigns, jointly and severally, in compliance with 1963 PA 213, as amended, MCL 129.201 et seq.

The Contractor has entered into "the Contract" with the Owner for _______________________________________________ _______________, "the Work," covered by the Contract Documents, which are incorporated into this Performance Bond by this reference.

If the Contractor faithfully performs and fulfills all the undertakings, covenants, terms, conditions, warranties, indemnifications and agreements of the Contract Documents within the Contract Time (including any authorized changes, with or without notice to the Surety) and during the Correction Period, and if the Contractor also performs and fulfills all the undertakings, covenants, terms, conditions, warranties, indemnifications and agreements of any and all duly authorized modifications of the Contract Documents, then THIS

OBLIGATION IS VOID, OTHERWISE TO REMAIN IN FULL

FORCE AND EFFECT.

A. No change in Contract Price or Contract Time, "or equal" or substitution or modification of the Contract Documents (including addition, deletion, or other revision) releases the Surety of its obligations under this Section 00610 Performance Bond. The Surety expressly waives notice of any such change in Contract Price or Contract Time, "or equal" or substitution or modification of the Contract Documents (including addition, deletion, or other revision).

B. This Performance Bond must be solely for the protection of the Owner and its successors, legal representatives or assigns.

C. It is the intention of the Contractor and Surety that they must be bound by all terms and conditions of the Contract Documents (including, but not limited to General Conditions and this Performance Bond). However, this Performance Bond is executed pursuant to 1963 PA 213, as amended, MCL 129.201 et seq., and if any provision(s) of this Performance Bond is/are illegal, invalid, or unenforceable, all other provisions of this Performance Bond must nevertheless remain in full force and effect, and the Owner must be protected to the full extent provided by 1963 PA 213, as amended, MCL 129.201 et seq.

IMPORTANT: The Surety must be authorized to do business in the State of Michigan by the Department of Licensing and Regulatory Affairs − Insurance Bureau, must be listed on the current U.S. Department of the Treasury Circular 570, and, unless otherwise authorized by the Owner in writing, must have at least an A− Best's rating and a Class VII or better financial size category per current A. M. Best Company ratings.

Name, Address and Telephone of the Surety:

Address and Telephone of Agent, who is either a resident of, or whose principal office is maintained in, the State of Michigan

Signed and sealed this __________ day of _______________________, 20_____.

THE CONTRACTOR: (Print Full Name and Sign) By:___________________________________________________________

WITNESS ______________________________ Name & Title: __________________________________________________

Telephone No. _________________________________________________

THE SURETY: (Print Full Name and Sign) Agent: ________________________________________________________

WITNESS ______________________________ Attorney-in-Fact: ________________________________________________

Bidding and Contract Document (R 02/22) Project Name: *** File No. ***

Telephone No. _______________________________________________

PAYMENT BOND

SURETY COMPANY REFERENCE No.___________________________________

"the Contractor," ___________________________________________________, a corporation ___, individual ___, partnership ___, joint venture ___ of the State of __________________, qualified to do business in the State of Michigan, as Principal, and "the Surety," ____________________________________________________________________, of the State of _________________, as surety, are held and bound unto the State of Michigan, "the Owner," as Obligee, in the amount of __________________________________________________________________________ Dollars ($_________________), for the payment of which the Contractor and Surety bind themselves, their respective heirs, successors, legal representatives and assigns, jointly and severally, in compliance with 1963 PA 213, as amended, MCL 129.201 et seq.

The Contractor has entered into "the Contract" with the Owner for _____________________________________________ __________________, "the Work," covered by the Contract Documents, which are incorporated into this Payment Bond by this reference.

If the Contractor promptly pays all claimants supplying labor or materials to the Contractor or to the Contractor's Subcontractors in the prosecution of the Work, then THIS

OBLIGATION IS VOID, OTHERWISE TO REMAIN IN FULL

FORCE AND EFFECT.

A. All rights and remedies on this Payment Bond are solely for the protection of all claimants supplying labor and materials to the Contractor or the Contractor's Subcontractors in the prosecution of the Work and must be determined in accordance with Michigan Law.

B. No change in Contract Price or Contract Time, "or equal" or substitution or modification of the Contract Documents (including addition, deletion, or other revision) must release the Surety of its obligations under this Payment Bond. The Surety hereby expressly waives notice of any such change in Contract Price or Contract Time, "or equal" or substitution or modification of the Contract Documents (including addition, deletion, or other revision).

C. It is the intention of the Contractor and Surety that they must be bound by all terms and conditions of the Contract Documents (including, but not limited to this Payment Bond). However, this Payment Bond is executed pursuant to 1963 PA 213, as amended, MCL 129.201 et seq., and if any provision(s) of this Payment Bond is/are illegal, invalid, or unenforceable, all other provisions of this Payment Bond must nevertheless remain in full force and effect, and the Owner must be protected to the full extent provided by 1963 PA 213, as amended, MCL 129.201 et seq.

IMPORTANT: The Surety must be authorized to do business in the State of Michigan by the Department of Licensing and Regulatory Affairs − Insurance Bureau, must be listed on the current U.S. Department of the Treasury Circular 570, and, unless otherwise authorized by the Owner in writing, must have at least an A− Best's rating and a Class VII or better financial size category per current A. M. Best Company ratings.

Name, Address and Telephone of the Surety:

Address and Telephone of Agent, who is either a resident of, or whose principal office is maintained in, the State of Michigan

Signed and sealed this __________ day of _______________________, 20_____.

THE CONTRACTOR: (Print Full Name and Sign) By:___________________________________________________________

WITNESS ______________________________ Name & Title: __________________________________________________

Telephone No. _________________________________________________

THE SURETY: (Print Full Name and Sign) Agent: ________________________________________________________

WITNESS ______________________________ Attorney-in-Fact: ________________________________________________

Telephone No. ____________________________________________________

TABLE OF CONTENTS

CONTRACT FORMS

BID SUMMARY FORM

BID SCHEDULE

QUALIFIED DISABLED VETERAN (QDV) BUSINESS REPRESENTATION

CERTIFICATION OF A MICHIGAN BASED BUSINESS

BID BOND

POST-BID SUBMITTALS

PERFORMANCE BOND

PAYMENT BOND

TABLE OF CONTENTS

DIVISION 00 BIDDING REQUIREMENTS AND CONTRACT CONDITIONS

SECTION TITLE PAGES THRU

00010 PRE-BID INFORMATION 00-1

00100 INSTRUCTIONS TO BIDDERS 00-5 TO 00-8

00120 SUPPLEMENTARY INSTRUCTIONS 00-8

00200 INFORMATION TO BIDDERS 00-8 TO 00-9

00700 GENERAL CONDITIONS 00-9 TO 00-19

00750 SPECIAL WORKING CONDITIONS 00-19 TO 00-20

00800 SUPPLEMENTARY CONDITIONS 00-20

00900 ADDENDA 00-20

DIVISION 01 - GENERAL REQUIREMENTS

01010 SUMMARY OF WORK 01-1

01020 ALLOWANCES 01-1

01025 MEASUREMENT AND PAYMENT 01-1

01030 ALTERNATES 01-1

01040 COORDINATION 01-1 TO 01-2

01050 FIELD ENGINEERING 01-2

01060 REGULATORY REQUIREMENTS 01-2 TO 01-4

01090 REFERENCES 01-4

01100 PROJECT PROCEDURES 01-4 TO 01-5

01200 PROJECT MEETINGS 01-5

01300 SUBMITTALS 01-5 TO 01-6

01400 QUALITY CONTROL 01-6 TO 01-7

01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01-7 TO 01-8

01600 MATERIAL AND EQUIPMENT 01-8

01650 FACILITY START-UP 01-8

01700 CONTRACT CLOSE-OUT 01-8 TO 01-9

01800 MAINTENANCE 01-9

APPENDIX I – GLOSSARY

APPENDIX II – SPECIAL WORKING CONDITIONS

APPENDIX III – SPECIAL PROJECT PROCEDURES

APPENDIX IV – REQUIRED PROJECT SIGN

DRAWINGS - BOUND HEREIN

TITLE PAGE NOS.

DRAWINGS - BOUND SEPARATELY

TITLE SHEETS THRU

ARCHITECTURAL A-

STRUCTURAL S-

PLUMBING P-

HEATING, VENTILATING AND AIR CONDITIONING H-

ELECTRICAL E-

DIVISION 00

BIDDING REQUIREMENTS AND CONTRACT CONDITIONS

Bidding and Contract Document (R 02/22) Project Name: Felch Grade Gravel Capping File No. 751/22441.AGY

00-1

SECTION 00010 PRE-BID INFORMATION

1. Invitation to Bid (ITB) − Your firm is invited to submit a Bid. The State of Michigan as the Owner will receive bids electronically through the SIGMA VSS website at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService, for 751/22441 Felch Grade Gavel Capping 2022 until 2:00 p.m., ET, on Wednesday October 5, 2022. The State reserves the right to cancel this Invitation to Bid (ITB) or change the date and time for submitting Bids by announcing same at any time before the established date and time for Bid opening. Bids must remain open for acceptance by the Owner for no less than the Bid hold period. Contractor may agree to extend the Bid hold period. However, any such extension must be based upon no increase in the Bid Price and/or Contract Time.

2. Work Description − The Work, Gravel Capping, Agency No. 751, Funding Code. AGY, DTMB File No. 751/22441.AGY includes, but is not necessarily limited to: Gravel surfacing approximately 4 miles of ORV route between Felch and Foster City for a total of 4,300 cubic yards of gravel. ***

The site is located on the Felch Grade ORV Route, as shown on the Drawings.

3. Bidding Documents − Sets of Bidding Documents may be obtained at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService .

4. Bid Security − Each Bid must enclose a duly executed Bid Security, in the amount of five percent (5%) of the Bidder's Base Bid, paid to the “State of Michigan” in the form of a certified or cashier’s check or money order drawn upon a bank insured by an agency of the Federal Government, or a bid bond signed by both the Contractor and authorized surety company. If Bid Security is by check or money order, such certified or cashier’s check or money order must be delivered in original copy before the Bid Due Time to:

State Facilities Administration Design & Construction Division

3111 W. St. Joseph Street Lansing, Michigan 48917

All other Bid information must be submitted via SIGMA as per standard bidding procedure

5. Pre-Bid Conference − A mandatory pre-bid conference will not be held. All prospective Bidders are encouraged to attend the tour, if held. Other parties interested in the Work are encouraged to attend the tour. Addenda may be issued, in response to issues raised at the pre-bid conference and tour, or as the Owner and/or Professional may otherwise consider necessary.

The purpose of the pre-bid conference and inspection is to answer questions and provide an inspection tour of the Project site at the scheduled time on the day of the meeting. A representative will be available to assist the Contractors. Other inspection visits may be allowed if needed.

FOR CORRECTIONAL FACILITIES ONLY: All contractor/vendor representatives attending a Pre-Bid Walk Through Meeting must submit a Vender/Contractor LEIN Request five business days prior to the meeting date, (LEIN Request For CAJ-1037 attached to Bid posting). Send the LEIN Request form, filled out and signed, by email to Daniel T. Smith at email address: SmithD76@michigan.gov. The email “Subject” must include (Facility Name, Project Name, Date & Time of Pre-Bid Walk Through Meeting).

6. SIGMA VENDOR NUMBER: If you are bidding a State job for the first time, visit the State of Michigan SIGMA website, https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService, and follow the “SOM VSS User Guide for New Vendors” instructions, located under Forms and Reference Documents. Registration is required for bid submission. Do not wait until the last minute to submit a proposal, as the SIGMA system requires the creation of an account and entry of certain information, in addition to uploading and submitting the materials. The SIGMA system will not allow a proposal to be submitted after the proposal deadline, even if a portion of the proposal has been updated.

Questions on how to submit information or how to navigate in the SIGMA VSS system can be answered by calling (517) 373-4111 or

(888) 734-9749.

7. Equal Employment Opportunity − Covenants to not discriminate in employment by Contractors, Subcontractors and Suppliers required by Law are contained in Instructions to Bidders and General Conditions and are applicable to the Work and any Sub-agreement under the Contract.

8. Contract Times − The Contract Times and the associated liquidated damages are specified in the Contract.

9. Contact Person − All requests or inquiries concerning the Bidding Documents, or the Work must be addressed to: Rob Katona.

Questions will be accepted until October 4th, 2022 at 4pm ET.

10. Award − Subject to any agreed extension of the period for holding Bids, Bids must remain valid for acceptance by the Owner for

60 Calendar Days after the date of Bid opening. In addition, the Owner expressly reserves the right, within the Owner's sole discretion, to reject any or all Bids, to waive any irregularities, to issue post-Bid Addenda and re-bid the Work without re-https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService mailto:SmithD76@michigan.gov

Bidding and Contract Document (R 02/22) Project Name: Felch Grade Gravel Capping File No. 751/22441.AGY

00-2 advertising, to re-advertise for Bids, to withhold the award for any reason the Owner determines and/or to take any other appropriate action.

11. Performance and Payment Bonds – A performance bond and a payment bond are required for all contracts over $50,000.00.

END OF SECTION 00010

Bidding and Contract Document (R 02/22) Project Name: Felch Grade Gravel Capping File No. 751/22441.AGY

00-3

SECTION 00100 INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BID: Execute Bid fully and properly. Bid Summary Form (DTMB -0401D) and Bid Form Attachments must be used and completely filled out for the Bid to be considered responsive and meeting the requirements of the contract solicitation.

All Bid prices must be printed or typed in both words and figures.

2. BID CHECKLIST: Submit Bid Summary Form with original signatures plus Bid Form Attachments in accordance with the electronic bidding procedures on the SIGMA VSS website.

A complete Bid will consist of the following forms, which are included immediately following the Bid Summary Form:

Bids SUBMIT THESE Bid Forms and Bid Form Attachments All Bids □ Signed and completed Bid Summary Form (DTMB-0401D).

□ Bid Schedule.

□ Qualified Disabled Veteran (QDV) Business Representation.

□ Bid Security in the amount of 5% of Base Bid Price.

If Bid Security is by check or money order, such certified or cashier’s check or money order must be delivered in original copy before the Bid Due Time to:

State Facilities Administration Design & Construction Division

3111 W. St. Joseph Street Lansing, Michigan 48917

All other Bid information must be submitted via SIGMA as per standard bidding procedure

□ Signature Authorization or copy of the partnership agreement if signed by all partners.

□ Other Forms;

Over $50K □ Forms listed under All Bids.

□ Payment and Performance Bond (upon issuing the Notice of Award).

Over $100K □ Forms listed under All Bids.

□ Certification of a Michigan Based Business.

□ Payment and Performance Bond (upon issuing the Notice of Award).

Over $250K □ Forms listed under All Bids.

□ Certification of a Michigan Based Business.

□ Payment and Performance Bond (upon issuing the Notice of Award).

Apparent Low Bidders ONLY (upon request from the Professional)

□ Experience Modification Rating (EMR), or a letter stating why the Bidder does not have one.

□ Identification of the proposed project superintendent, with a resume or list of similar projects handled by that individual.

□ A list of at least three (3) projects completed by the Bidder, within the last three (3) years of similar size and complexity, with contact information for references for each.

□ A list of nominated sub-contractors, including proposed self-performed categories, for each Division/Trade/etc.

3. BID SUBMISSION: Bids must be submitted electronically through the SIGMA VSS website at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService.

4. BID GUARANTEE: Each proposal must be accompanied by either a bank certified or cashier's check on an open, solvent bank or a bid bond with an authorized surety company (the surety must be listed on the current U.S. Department of the Treasury Circular 570) in the amount of five percent of the base bid payable to the State of Michigan, as a guarantee of good faith. If the successful Bidder fails to furnish satisfactory bonds and insurance within fifteen Calendar Days after Notice of Award, such guarantee must be forfeited to the State as liquidated damages. If Bid Security is by check or money order, such certified or cashier’s check or money order must be delivered in original copy before the Bid Due Time to the Issuing Office. The bid security, exclusive of

Bidding and Contract Document (R 02/22) Project Name: Felch Grade Gravel Capping File No. 751/22441.AGY

00-4 bid bonds, of all unsuccessful Bidders will be returned when an award is made or upon substitution of a bid bond. The bid security of the successful Bidder will be returned when the performance bond and labor and material bond are approved.

5. Left Blank Intentionally.

6. MICHIGAN BASED BUSINESS CERTIFICATION: All Bidders submitting Bids in excess of $100,000.00 must complete the

Certification of Michigan Based Business. This information will determine if a Bidder qualifies as a "Michigan" business for purposes of application of reciprocity where applicable.

7. POST-BID SUBMITTAL: For all projects, the Professional may request a Post-Bid Submittal from the Apparent Low

Bidders. The Apparent Low Bidders must submit to the Professional, within two Business Days after receipt of the Professional’s request,

• Experience Modification Rating (EMR), or a letter stating why the Bidder does not have one.

• Identification of the proposed project superintendent with a resume or list of similar projects managed by that individual.

• A list of at least three (3) projects completed by the Bidder, within the last three (3) years of similar size and complexity, with contact information for references for each.

Failure to provide the submittals may disqualify the Bid.

8. SIGNATURES: All Bids, notifications, claims, and statements must be signed as follows:

(a) Corporations: Signature of official must be accompanied by a certified copy of the Resolution of the Board of Directors authorizing the individual signing to bind the corporation.

(b) Partnerships: Signature of one partner must be accompanied by a signed copy of the legal document (e.g., Power of Attorney or partnering agreement) authorizing the individual signing to bind all partners. If Bid is signed by all partners, no authorization is required.

(c) Individual: No authorization is needed. Each signature must be witnessed.

9. BID PRICES: The Bidder’s Base Bid and Alternate Bid prices must include, and payment for completed Work will compensate in full for: all services, obligations, responsibilities, management, supervision, labor, materials, devices, equipment, construction equipment, general conditions, permits, patent fees and royalties, testing, inspection and approval responsibilities, warranties, temporary facilities, small tools, supplies, Bonds, insurance, taxes, mobilization, close-out, overhead and profit and all connections, appurtenances and any other incidental items of any kind or nature, as are necessary to complete the Work, in a neat, first quality, workmanlike and satisfactory manner in accordance with the Drawings and Specifications and as otherwise required to fulfill the requirements of the Bidding Documents. For each Cash Allowance item, the Bidder must include, within the Bid, all labor costs, construction equipment costs, insurance and Bond premiums and other general conditions costs and Fees (Bidder’s and Subcontractors’) to complete Work associated with the material, equipment, or other designated item to be furnished under the Cash Allowance. For each Provisionary Allowance, the Bidder must include, within the Bid, insurance, premiums (not recoverable as labor burden) and Bond premiums required to complete Work that may be ordered under a Provisionary Allowance.

10. INSPECTION OF BIDDING DOCUMENTS AND SITE CONDITIONS: The Bidder must carefully review and inspect all documents referenced and made part of this ITB, site conditions, all applicable statutes, regulations, ordinances, and resolutions addressing or relating to the goods and services under this contract. Failure to do so or failure to acquire clarifications and answers to any discovered conflicts, ambiguities, errors, or omissions in the Bidding Documents will be at the Bidder’s sole risk.

11. SAFETY REQUIREMENTS AND LAWS: The Bidder awarded the Contract must comply with all applicable federal, state, and local Laws including health and safety regulations, environmental protection, permits and licensing.

12. INTERPRETATIONS AND ALTERATIONS TO THE BID AND BIDDING DOCUMENTS: All requests for clarification or interpretation of the Bidding Documents, all proposals for any modifications to the Bidding Documents, all requests for information and all other questions or inquiries about the Bidding Documents and/or the Work shall be submitted in writing to the Contact Person identified in the Bid Documents. Requests or inquiries received less than seven Calendar Days before the date of Bid opening will be answered only if (a) the response can be given through an Addendum made available at least seventy-two hours before Bid opening (counting Business Days only), (b) the Bid opening is postponed by Addendum, or (c) the Work is rebid without readvertising following the issuance of post-Bid Addenda.

Bidders must not rely upon any oral statements or conversations regarding interpretations, clarifications, corrections, additions, deletions or other revisions or information to the Bidding Documents. Any addition, limitation or provision made with or attached to the Bid may render it non-responsive and/or irregular and be a cause for rejection. The Owner reserves the right to issue a post-Bid Addendum after opening the Bids and set a new date for the receipt and opening of sealed Bids. The Bidder acknowledges that any quantities of Unit Price Work given in this ITB are approximate only and payments will be made only for actual quantities of Unit Price Work completed in accordance with the Contract Documents.

13. MODIFICATION OF BID: The entire bid must be resubmitted on the SIGMA VSS website.

Bidding and Contract Document (R 02/22) Project Name: Felch Grade Gravel Capping File No. 751/22441.AGY

00-5

14. BID WITHDRAWAL: Except for timely filed claims of mathematical or clerical errors granted by the State, no Bid may be withdrawn within sixty Calendar Days after the Bid Opening time and date or before the Bid expiration date without forfeiting Bid security. The request to withdraw a Bid due to error must be submitted in writing along with the supporting documents within two Business Days after the date of Bid Opening. The claim must describe in detail the error(s), include a signed affidavit stating the facts of the alleged error(s) and request that the Bidder be released from its Bid. The review of the claim and its supporting documents by the State is only for the purpose of evaluating the Bidder’s request and must not create duty or liability on the State to discover any other Bid error or mistake. The sole liability of any Bid error or mistake rests with Bidder.

15. OBJECTION TO THE AWARD: A Bidder may file a written protest with the Director-DCD to object to the Apparent Low Bidder. This objection must be filed within seven Calendar Days after the date of Bid opening and must describe in detail the basis for the protest and request a determination. The Director-DCD will either dismiss or uphold the protest and notify the protestor within ten Calendar Days after receipt of the written protest.

16. BID IRREGULARITIES: The following irregularities on any Bid Form or Bid Form Attachment must be resolved as follows:

(a) between SIGMA entry and signed Bid Summary attachment, the signed Bid Summary attachment will be used.

(b) between words and figures, the words must be used.

(c) between any sum, computed by the Bidder, and the correct sum, the sum computed by the…