Boiler Replacement at Fire Station 1 Bid #26-0910.pdf

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CITY OF BAY CITY

SEALED BID REQUEST

BOILER REPLACEMENT AT FIRE STATION 1 BID #26-0910

Bids must be received in the Purchasing Department prior to 2:00 p.m. on the bid due date. All bids received after 2:00 p.m. on the bid due date will be returned to the bidder unopened.

Bids Due: Wednesday, September 10, 2025

Mark Sealed Bid Envelope: Boiler Replacement at Fire Station 1 Bid #26-0910

The City of Bay City is soliciting sealed proposals for: Boiler Replacement at Fire Station 1 Bid #26-0910

There will be a MANDATORY pre-bid meeting on Tuesday, August 26, 2025, at 10:00 a.m., at Fire Station 1 located at 1401 Center Avenue, Bay City, MI 48708. The pre-bid meeting must be attended in order to submit a bid. Bids will not be accepted unless the bidder has attended the MANDATORY pre-bid meeting and signed the official attendance sheet. Vendor names must be clearly visible on external container of submitted bid package and match the vendor’s name entered on the official attendance sheet.

**NOTE: Per Section 2-284 of the City's Code of Ordinances, all contractors must be deemed a Responsible Contractor by the City of Bay City, prior to submitting a bid on this project. Any Contractor who has not already been deemed a Responsible Contractor and wishes to bid on this project, must submit a Pre-Qualification Questionnaire at least three (3) weeks prior to bid opening. Pre-Qualification Questionnaires are available on the City’s Purchasing webpage and must be submitted with all attachments via mail or email. The determination of Contractor Responsibility will be evaluated by the Pre-Qualification Review Committee. The Purchasing Department will send a Notice of Determination to the contractor by certified mail, stating whether the contractor has been determined to be Responsible or Non-Responsible**.

To obtain an official copy of the bidding documents, please visit www.BidNetDirect.com.

Before the bid due date, it is the vendor’s responsibility to check the BidNet Direct bid system for any Addendums that may have been issued.

Sealed proposals will be received by the City of Bay City at the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, MI, until 2:00 p.m. on Wednesday, September 10, 2025.

All bids will be publicly opened and read aloud at 2:00 p.m. on Wednesday, September 10, 2025, for the Boiler Replacement at Fire Station 1 Bid #26-0910 all in accordance with the Bidding Documents, and as otherwise set forth herein.

Local Preference Policy

The City of Bay City utilizes a Local Preference Policy in order to encourage local vendors to provide goods and/or services to Bay City Government. Copies of this policy and the required qualifying affidavit are available on the City of Bay City web site (www.baycitymi.gov). Vendors seeking to qualify as local vendors may submit an executed affidavit on an annual basis or return the executed affidavit along with their bid submission. The City of Bay City may, in its sole discretion, accept and consider an affidavit from a vendor seeking to qualify as a local vendor at any time.

The City of Bay City has absolutely reserved the right and prerogative to reject any or all bids as well as to waive any irregularities and informalities. The award of the contract, if it is awarded, will be to a responsible and responsive Bidder whom the City Commission, in its sole discretion and judgment, determines will be in the best interest of the City of Bay City, and which will not exceed the funds available for the project.

NOTE: The City of Bay City does not accept sealed bids via fax or e-mail.

CHECK LIST BEFORE SUBMITTING BID

YES

• Has your company/firm been deemed a Responsible Contractor by the City of Bay City?

• Before the bid due date, it is the vendor’s responsibility to check the BidNet Direct bid system for any Addendums that may have been issued www.bidnetdirect.com.

The full addendum document and any other items noted as such must be returned and included with your sealed bid

• Is the Quotation Request signed by an authorized representative of your company?

• Did you sign and submit your debarment certification?

• Did you sign the Non-Collusion and Non-Iran Linked Business

Affidavits and include them with your sealed bid?

• If applicable, did you read the sample contract/agreement and understand that if you are awarded the contract that the contract will be finalized to include description of work, term and economic specifics of this bid. Do you also understand that the standard terms contained in the sample contract/agreement are in final form (i.e. liability, indemnity, insurance) and not subject to further negotiation.

• Are you submitting your original bid plus ONE (1) COPY as required?

• If your bid is over $50,000.00 do you have a bid security deposit in the form of an ORIGINAL bid bond, certified check, bank draft, bank money order, or cashier’s check (If applicable) Multiple year bids must be added together to get your total bid amount If submitting an alternate bid along with your original bid, only one (1) of the above-mentioned items is required.

NOTE: An original bid bond, certified check, bank draft, bank money order or cashier’s check in the amount of five percent (5%) of the total amount of bid must be submitted with any bid in excess $50,000.00.

Facsimiles or copies of a bid bond will not be accepted and the bid will be deemed non-responsive.

• Is the outside of your envelope/package labeled properly including the bid number?

Pursuant to the Charter of the City of Bay City, written contracts involving the expenditure of $50,000.00 or more shall require the approval of City Commission.

The mayor shall have the power to veto any ordinance, resolution, motion, order or other action of the commission within five business days after its passage (Article 4, Section 4.3). The contract must be signed by the mayor and clerk. No employee has the authority to bind the City to any contract.

http://www.bidnet/

CITY OF BAY CITY

Purchasing Department QUOTATION REQUEST 301 Washington Avenue Bay City, MI 48708

Date: August 5, 2025

Sealed bids must be received at the address below NOT later than 2:00 PM Michigan Local Time, Wednesday, September 10, 2025

BIDS not complying with above will be REJECTED and returned to bidder unopened.

BIDDER:

________________________________ Prices for sealed bid must be stated on the Proposal ________________________________ Form of this bid package. If not interested or unable ________________________________ to bid, please RETURN the Statement of No Bid.

Susan Carmien, CPPB, Purchasing Manager Susan Carmien, CPPB, Purchasing Manager

PLEASE NOTE:

• THE CITY OF BAY CITY WILL ONLY ACCEPT COMPLETE BID PACKETS FROM RESPONSIBLE

CONTRACTORS.

• ALL ITEMS LISTED AS “REQUIRED WITH SUBMISSION” AND “REQUIRED WITH SUBMISSION

REGARDLESS OF ANY PREVIOUS SUBMISSIONS” MUST BE IN BID PACKET AND IF ANY ARE MISSING

THE BIDDER’S BID PACKET WILL BE DEEMED NON-RESPONSIVE WITH NO EXCEPTIONS.

ITEM AND DESCRIPTION

The City of Bay City is accepting sealed bids for Boiler Replacement at Fire Station 1 Bid #26-0910.

There will be a MANDATORY pre-bid meeting on Tuesday, August 26, 2025, at 10:00 a.m., at Fire Station 1 located at 1401 Center Avenue, Bay City, MI 48708. The pre-bid meeting must be attended in order to submit a bid. Bids will not be accepted unless the bidder has attended the MANDATORY pre-bid meeting and signed the official attendance sheet. Vendor names must be clearly visible on external container of submitted bid package and match the vendor’s name entered on the official attendance sheet.

All sealed bids are to be received at the City of Bay City, Purchasing Department, 301 Washington Avenue, Room 304, Bay City, MI 48708 no later than 2:00 p.m. Michigan Local Time on: Wednesday, September 10, 2025

ALL ITEMS LISTED AS REQUIRED WITH SUBMISSION MUST BE INCLUDED WITH BID PACKET

All respondents must conform to the following:

Proposal Form………………………………………………………………………….Required with submission

Quotation Request………………………………………………… …………………..Required with submission

Specifications

Debarment Certification………………………………………………………………...Required with submission

Addendum(s) (if issued)………………………………………………………… ……..Required with submission

Non-Collusion Affidavit…………………………………………………….…………..Required before final award regardless of any previous submissions

Non-Iran Linked Business Affidavit………………………………………….……….. Required before final award regardless of any previous submissions

Instructions to Bidders

General Conditions

Bonds

• Bid (ORIGINAL Bid Bond if bid is $50,000.00 or more (See Instructions to Bidders) Required with submission

• Performance (Prior to issuance of Notice to Proceed)

• Labor & Material (Prior to issuance of Notice to Proceed)

• Maintenance Guarantee (Prior to issuance of Notice to Proceed)

Sample Contract NON-NEGOTIABLE (bid will be deemed non-responsive if vendor cannot agree to terms and conditions)

Statement of No Bid (only if applicable)

QUOTATION REQUEST (CON’T)

The City must consider, at a minimum, each of the evaluation criteria listed in this section in determining best bid, per City Ordinance 2021-14. The City may require contractors or subcontractors to provide additional information by inclusion in bid documents.

Bid documents must require any contractor bidding on the project to submit written responses and other information and documentation regarding the listed criteria and any other criteria specified by the City through the bid documents. The City may request additional information or explanation from any contractor regarding any particular criteria. The bid documents must provide that the City retains the right in its discretion to reject any and all bids.

For each separate bid package, the City in its discretion will weigh the information provided by the contractor regarding the evaluation criteria, as a whole, to determine the best bid. The Purchasing Department must weigh each of the criteria based on a distribution of percentage points on a 100 point scale (see the Responsible Contracting Ordinance Rules and Regulations on the City’s Purchasing webpage).

ALL ITEMS LISTED AS REQUIRED FOR SCORING WILL RESULT IN A SCORE OF ZERO, FOR THE CATEGORY, IF NOT INCLUDED WITH BID PACKET

PRICE

Proposal Form and/or Unit Price Proposal Form Required for scoring

CORPORATE ACCOUNTABILITY

Qualifications of management/supervisory personnel assigned to project Required for scoring

Documentation of whether bidders have quality assurance program, if bidder has program Required for scoring

Certification all work will proceed economically, efficiently, continuous without interruption ____________

(initial)

WORKPLACE SAFETY

Ratio of masters or journeypersons to apprentices, if apprentices are to be used on the project Required for scoring Certification workers will have completed relevant hazardous materials awareness training prior to entering the job site ____________ (initial) Experience Modification Rating (EMR) Required for scoring Certification all workers have completed at least OSHA 30-hour training course for safety ____________ (initial)

WORKFORCE DEVELOPMENT

Documentation of pay rates and benefits (health insurance, pension, retirement, etc.) Required for scoring Documentation of Class A apprenticeship program or assessment of skills/qualifications Required for scoring

SOCIAL EQUITY

Statement as to an estimate of percentage of workforce drawn from area residents Required for scoring

Evidence of Equal Employment Opportunity programs Required for scoring Certification bidder is an Equal Opportunity Employer ____________

(initial) One original and one copy of bid……………………………………………………..Required with Submission

**Before the bid due date, it is the bidder’s responsibility to check the BidNet Direct bid system for any Addenda that may have been issued.**

Any questions regarding this bid must be submitted in writing to the Purchasing Department via e-mail no later than 3:00 p.m. one

(1) week prior to bid opening.

Susan Carmien, CPPB Purchasing Manager scarmien@baycitymi.gov (989)894-8115

If awarded the bid, and a contract is fully executed, we herby agree to furnish and invoice above listed materials or services delivered or performed in accordance with the City of Bay City’s specifications, requirements and terms as specified herein at prices specified.

BIDDER’S BUSINESS NAME

SIGNATURE TITLE

PRINT NAME

ADDRESS

PHONE E-MAIL ADDRESS

DATE

The Master of this agreement was prepared by the City’s Legal Counsel, Allsopp Wackerly, Attorneys and Counselors, P.C. Any alteration, change, deletion, or modification of the Master requires submittal to the City Attorney.

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PROPOSAL FORM

for

City of Bay City

PURCHASING DEPARTMENT Date: September 10, 2025

City of Bay City 301 Washington Avenue Bay City, MI 48708

The Project is: Boiler Replacement at Fire Station 1 Bid #26-0910.

There will be a MANDATORY pre-bid meeting on Tuesday, August 26, 2025, at 10:00 a.m., at Fire Station 1 located at 1401 Center Avenue, Bay City, MI 48708. The pre-bid meeting must be attended in order to submit a bid. Bids will not be accepted unless the bidder has attended the MANDATORY pre-bid meeting and signed the official attendance sheet. Vendor names must be clearly visible on external container of submitted bid package and match the vendor’s name entered on the official attendance sheet.

Ladies and/or Gentlemen:

We, the undersigned, doing business as ______________________________________, and hereinafter known as the Bidder, hereby propose, and if this Proposal is accepted, agree to enter into a Contract in the form attached hereto, which forms a part of the Contract Documents, with the City of Bay City, Michigan to furnish all equipment, machinery, building materials, skills, tools, labor, and all other performances and responsibilities required for the Project as specified in the Bidding Documents, for the sum of

(_________________) Dollars. If bid is in excess of $50,000, an ORIGINAL bid bond, certified check, bank draft, bank money order, or cashier’s check in an amount equal to five (5%) percent of the amount of the Proposal herein, drawn to the order of the City of Bay City, Michigan is attached hereto.

The undersigned, as Bidder, declares, warrants, and represents that:

1. The Bidder has read, thoroughly examined, and understands the Bidding Documents.

2. The Bidder understands that the Contract Documents consist of those documents defined as such in Article 1 of the General Conditions; which with other documents listed in this Contract and Modifications issued after execution of this Contract form the Contract, and are as fully a part of the Contract as if attached to this Contract or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral.

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3. The Bidder has visited the site of the proposed project, become thoroughly familiar with any conditions (surface and subsurface), facilities, difficulties, and restrictions that may in any way affect the cost, progress, and/or performance of the Work and has correlated the Bidder's personal observations with the requirements of the Contract Documents. No plea of ignorance of conditions, facilities, difficulties, and restrictions that exist or that may be encountered in the execution of the Work under this Contract arising out of or as a result of failure to make the necessary examinations and investigations will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the Contract Documents or will be accepted as a basis for claims for extra compensation.

4. The Bidder has familiarized himself with all applicable federal, state, and/or local laws, statutes, ordinances, rules, and/or regulations that may in any way affect the performance of the Work.

5. This Proposal is genuine and not made in the interest of, or on behalf of, any undisclosed person(s), firm, or corporation and is not submitted in conformity with any other agreement and/or rules of any group, association, organization, and/or corporation. The Bidder has not directly or indirectly induced or solicited any other Bidder on this Work to submit a false or sham Proposal. The Bidder has not solicited and/or induced any person(s), firm, and/or corporation to refrain from submitting a Proposal for this Work.

6. The Bidder has not in any matter, directly, and/or indirectly, sought by agreement, collusion, communication, and/or conference, with any person(s), firm, and/or corporation to fix this Proposal, the Contract Price, and/or affidavit of any other Bidder, or to fix any overhead, profit, and/or cost element of any such Proposal, or that of any other Bidder, or to secure any advantage against the Owner, or any person(s), firm, and/or corporation interested in the proposed Contract.

It is understood and agreed that this Proposal cannot be withdrawn, except at the expiration of sixty (60) days from the opening of Bids, without the written consent of the City of Bay City, Michigan.

If this Proposal is accepted by the City of Bay City and the undersigned shall fail to enter into the contract as contemplated or shall fail to furnish the required Performance, Payment and Maintenance Guarantee Bonds and Certificates of Insurance at the time required in the Contract Documents, then the undersigned shall be considered to have abandoned the Contract, and the ORIGINAL bid bond, certified check, bank draft, bank money order, or cashier’s check accompanying this Proposal shall be considered due and payable to the City of Bay City, Michigan.

If the undersigned enters into the Contract in accordance with this Proposal, or if his Proposal is rejected, then the accompanying bid guarantee shall be returned to the undersigned.

3 (Revised 02/2023)

PREVAILING WAGES AND FRINGE BENEFITS

The payment of prevailing wages and fringe benefits for construction mechanics will be required if the proposed project is financed in whole or in part with state or federal funds.

Bidder/Contractor is solely responsible for making diligent inquiry and determining if the payment of prevailing wages and fringe benefits for construction mechanics is required for the project.

In submitting this Bid it is understood that the right is reserved by the City of Bay City to reject any or all bids, to waive irregularities and/or informalities, and to make award in any manner deemed by it in its sole discretion, to be in the best interests of the City.

Signed and sealed this ______ day of __________________, 20_____.

Authorized signature of bidder:

By: __________________________________________ (Signature)

(Title)

(Street Address)

(City & County)

(State)

Specifications

The City of Bay City is seeking sealed bids from a qualified contractor to provide and install a new boiler at the Fire Station #1 located at 1401 Center Avenue, Bay City, MI 48708

Sealed bids will be received from contractors having a current Plumbers License with the State of Michigan with a Boiler Certification and have performed three (3) similar sized projects within the last year. Licenses and references shall be supplied by the Contractor upon the request of the City of Bay City.

There will be a MANDATORY pre-bid meeting on Tuesday, August 26, 2025, at 10:00 a.m., at Fire Station 1 located at 1401 Center Avenue, Bay City, MI 48708. The pre-bid meeting must be attended in order to submit a bid. Bids will not be accepted unless the bidder has attended the MANDATORY pre-bid meeting and signed the official attendance sheet. Vendor names must be clearly visible on external container of submitted bid package and match the vendor’s name entered on the official attendance sheet.

SCOPE OF WORK

Remove and Replace Boiler at Fire Station #1.

• Furnish and install 1 (one) new CleaverBrooks ClearFire Condensing Boiler CFC-E-700-

1000-125HW

• Remove the boiler venting

• Demo boiler and associated piping as required

• Abate and dispose of all assumed friable asbestos containing TSI on boiler

• Rig new boiler into place

• Pipe the gas line to the new boiler

• Pipe supply and return water lines to boiler

• Mount the outdoor air sensor for the new boiler

• Rig new venting for boiler

• Perform a state required CSD-1 on the boiler

• Place boiler online and provide operator training

• All necessary required permits must be applied for and will be furnished at No Charge by the City of Bay City.

Pricing to include labor, materials, equipment, mobilization, notification fees, disposal fees, and air monitoring fees. All waste shall be manifested and disposed of in a type II landfill as required by regulating agencies and follows all local, federal and state regulations.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters

The prospective participant certifies, to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions under federal nonprocurement programs by any federal department or agency;

(2) Have not, within the three year period preceding the proposal, had one or more public transactions (federal, state, or local) terminated for cause or default; and

(3) Are not presently indicted or otherwise criminally or civilly charged by a government entity

(federal, state, or local) and have not, within the three year period preceding the proposal, been convicted of or had a civil judgment rendered against it:

(a) For the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction (federal, state, or local) or a procurement contract under such a public transaction;

(b) For the violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, the allocation of customers between competitors, or bid rigging; or

(c) For the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

I understand that a false statement on this certification may be grounds for the rejection of this proposal or the termination of the award. In addition, under 18 U.S.C. §1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to five years, or both.

Name and Title of Authorized Representative

Name of Participant Agency or Firm

Signature of Authorized Representative Date

I am unable to certify to the above statement. Attached is my explanation.

Non-Collusion Affidavit

_________________________________________(Bidder's Name), being first duly sworn, deposes and says that he or she is _________________________________(Title) of _______________________________________(Contractor Name), the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not , directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

(Date) Authorized Representative Signature Bidder Name (Person, Firm, Corp.) Representative’s Name

Address Representative's Title

Agency, State, Zip Code

Non-Iran Linked Business Affidavit

By signing below, I certify and agree on behalf of myself and the company submitting this proposal the following: (1) that I am duly authorized to legally bind the company submitting this proposal; (2) that the company submitting this proposal is not an “Iran linked business,” as that term is defined in Section 2(e) of the Iran Economic Sanctions

Act, being Michigan Public Act No. 517 of 2012; and, (3) that I and the company submitting this proposal will immediately notify the City should there be a change of status during the term of any contract with the City and will supply any further information requested by the City in this regard.

(Date) Authorized Representative Signature Bidder Name (Person, Firm, Corp.) Representative’s Name

Address Representative's Title

Agency, State, Zip Code

The Master of this agreement was prepared by the City’s Legal Counsel, Allsopp Wackerly, Attorneys and Counselors, P.C. Any alteration, change, deletion, or modification of the Master requires submittal to the City Attorney.

1 (Revised 02/2023)

INSTRUCTION TO BIDDERS

Sealed proposals will be received by the City of Bay City at the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, Michigan until 2:00 p.m. on

Wednesday, September 10, 2025, for the Boiler Replacement at Fire Station 1 Bid #26-0910, all in accordance with the Bidding Documents, and as otherwise set forth herein.

Each bid must be submitted in a sealed envelope, addressed to the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, Michigan 48708. Each sealed envelope containing a bid must be plainly marked on the outside as Boiler Replacement at Fire Station 1

Bid #26-0910 and the envelope should bear on the outside the name and address of the bidder.

ARTICLE 1

DEFINITIONS

Bidding Documents (Proposal) include the Bidding Requirements and the Contract

Documents. The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, Addenda, the Proposal Form, and other bidding and contract forms. The Contract Documents consist of the Contract, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Plans, Special Provisions, Standard Specifications for Construction, all Addenda issued prior to execution of the Contract, and all other documents defined as Contract Documents in the General Conditions.

All items listed as a submittal on the Quotation Request form MUST be included in the bid response.

Definitions set forth in the General Conditions of the Contract for Construction or in other

Contract Documents are applicable to the Bidding Documents.

Addenda are written or graphic instruments issued by the City of Bay City prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections. Addenda will be posted on the BidNet Direct website

(www.bidnetdirect.com). Copies of Addenda will be made available for inspection wherever

Bidding Documents are on file for that purpose. No Addenda will be issued later than four (4) days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in their Bid.

A Bid is a complete and properly signed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents, on the Proposal Form.

A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents.

http://www.bidnetdirect.com/

2 (Revised 02/2023)

A Bidder is a person or entity who submits a Bid.

A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work.

ARTICLE 2

BIDDER'S REPRESENTATIONS

The Bidder by making a Bid covenants, warrants and represents that:

1. The Bidder has read, thoroughly examined and understands the Bidding Documents.

2. The Bidder has visited the site of the proposed project, become thoroughly familiar with any conditions (surface and subsurface), facilities, difficulties and restrictions that may, in any way, affect the cost, progress and/or performance of the Work; and has correlated the

Bidder's personal observations with the requirements of the Contract Documents. No plea of ignorance of conditions, facilities, difficulties and restrictions that exist or that may be encountered in the execution of the Work under this Contract, arising out of or as a result of failure to make the necessary examinations and investigations, will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the Contract Documents, or will be accepted as a basis for claims for extra compensation.

3. The Bidder has familiarized himself with all applicable federal, state and/or local laws, statutes, ordinances, rules and/or regulations that may, in any way, affect the prosecution of the Work.

4. The Bidder has familiarized himself with the City’s latest edition of the Standard

Specifications for Construction and understands that these are part of the Bidding

Documents.

5. The Bid is based upon all of the requirements of the Bidding Documents, without exception.

6. The Bidder has disclosed to City any material errors or omissions in the Bidding

Documents known to or discovered by Bidder.

ARTICLE 3

COPIES OF BIDDING DOCUMENTS

Bidders may obtain complete sets of the Bidding Documents from the BidNet Direct website (www.bidnetdirect.com) .

Bidders shall use complete sets of Bidding Documents in preparing Bids and the City of

Bay City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

In making copies of the Bidding Documents available on the above terms, the City of Bay

3 (Revised 02/2023)

City does so only for the purpose of obtaining Bids on the Work and do not confer a license or grant permission for any other use of the Bidding Documents.

Interpretation or Correction of Bidding Documents

The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Purchasing Office any errors, inconsistencies or ambiguities discovered.

Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Purchasing Office at least seven (7) days prior to the date for the opening of Bids. Any inquiry not received within seven (7) days of the date fixed for the opening of Bids will not be given consideration.

Interpretations, corrections and changes of the Bidding Documents will be made by written

Addendum. Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them. Oral interpretations, if made, shall not be binding. The Purchasing Department’s interpretation of the Bidding Documents shall be final.

The Purchasing Department will endeavor to issue interpretations, corrections or changes to all persons known to have received the Bidding Documents. Failure of the Purchasing

Department to send, or of the Bidder to receive, any such interpretations, corrections or changes in the Bidding Documents shall not relieve the Bidder from obligation under his Bid as submitted.

ARTICLE 4

BIDDING PROCEDURES

Form and Style of Bids

Bids shall be submitted on Proposal Forms included with the Bidding Documents. All blanks on the Proposal Form shall be filled in by typewriter or manually in ink. Where so indicated by the makeup of the bid form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. Interlineations, alterations, changes and/or erasures must be initialed by the signer of the Bid. All requested

Alternates shall be bid. If no change in the Base Bid is required, enter "No Change". The Bid shall be for the Work required by the Contract Documents and any Bid not in strict compliance therewith may be rejected as not responsive.

Any general reference made in the bid specifications to a manufacturer's make, model or catalog number is intended to identify specifications as to type and quality of equipment required, but, unless otherwise stated, is not intended to preclude the use of any other make of equipment that is deemed to be equal by the City of Bay City. Any other manufacturer's equipment which is capable of accomplishing the intended purpose and is equal in performance and quality must be approved by the City of Bay City to be considered.

Bidder shall be responsible for all sales, use, excise, transportation or other taxes, charges, 4 (Revised 02/2023) costs, fees or expenses applicable to any of the materials or goods which are a part of the Bid.

Bidder shall be responsible to obtain and pay for all permits and licenses as well as all inspections and approvals which are required for the work covered by the Bidding Documents.

Where two or more Bids for designated portions of the Work have been requested, the

Bidder may, without forfeiture of the bid security, state the Bidder's refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the Proposal Form nor qualify the Bid in any other manner.

Each copy of the Bid shall include the legal name of the Bidder and a statement that the

Bidder is a sole proprietor, partnership, corporation or other legal entity. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation or limited liability company or entity shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder.

Basis on Which Proposals are Solicited.

Unit Price Proposals shall be computed on the basis of the Engineer's estimate of the quantities, as listed in the Proposal forms. Prices shall be stated total sum based upon the unit price and quantity specified in the bid document. If there is an error in computing the total sum then the unit price shall govern. It shall be understood that the actual quantities for which the

Contractor shall be determined by measurements of the actual "As Constructed" quantities and may be more or less than the figures stated in the Proposal.

Lump Sum Proposals shall be the total price paid, to the Contractor, for the Project.

Periodic payments, to the Contractor, shall be based upon the actual percentage of the Work completed and further upon a breakdown of the Lump Sum price as submitted by the Contractor.

Bid Security.

Each Proposal must be accompanied by a bid security deposit in the form of an

ORIGINAL bid bond, certified check, bank draft, bank money order, or cashier’s check drawn upon a bank in good standing, or by a surety licensed and admitted to do business in the State of

Michigan, for a sum of not less than five (5%) percent of the amount of the Proposal as a guarantee on the part of the Bidder that he will, if called upon to do so, enter into a Contract in the attached form, to do the Work covered by such Proposal and at the prices stated herein, and to furnish acceptable surety for its faithful and entire fulfillment. The bid security deposit bid bond, certified check, bank draft, bank money order, or cashier’s check shall be made payable to the City of Bay

City, Michigan, and shall be subject to the conditions specified in the Bidding Documents. Should the Bidder refuse to enter into such Contract or fail to furnish the required bonds and certificates or policies of insurance, the amount of the bid security shall be forfeited to the City of Bay City as damages for such refusal and/or neglect.

After Bidders have submitted Proposals, they shall not modify, withdraw or cancel such

Proposals, and all sums deposited with such Proposals may be held by the City of Bay City until all such Proposals submitted have been canvassed and a Contract awarded and executed and bonds furnished and approved, except that at the expiration of sixty (60) days from the date of opening

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Bids any Bidder may withdraw his Bid and all sums deposited with such Proposal in the event the

City of Bay City should at that time be holding his Bid.

Bids to Remain Open

All Bids shall remain open for sixty (60) days after the day of the bid opening, but the City of Bay City may, in its sole discretion, release any Bid and return the bid security prior to that date.

The City of Bay City will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed, and bonds and insurances have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.

Qualifications of Bidders

All bidders must be deemed a Responsible Contractor prior to submitting bids on Bay City construction projects. If no bid is required, the contractor must be determined Responsible prior to execution of the contract.

a. Pre-Qualification Questionnaire

i. Contractors who wish to bid on a Bay City construction project must submit via mail or email, a Pre-Qualifying Screening Questionnaire, which is available on the City’s Purchasing webpage.

ii. The Pre-Qualifying Screening Questionnaire submittal must include answers to all questions, all documentation specified, and signed under penalty of perjury.

The following documents must be used for the submittal. Additional required information may be attached on a separate sheet.

1. Pre-Qualifying Screening Questionnaire

2. Project Information and Owner Evaluation form (one form for each project)

3. Fitness for Duty form

Such sworn statement shall, as requested, be provided to City of Bay City as early as thirty (30) days before the date the Bids are to be opened.

Safety and Compliance Records

To demonstrate its qualifications for the project, the bidder must submit safety records.

Safety records shall include citations for all serious violations, willful violations, and/or repeat violations issued by the Michigan Department of Licensing and Regulatory Affairs, Michigan

Occupational Safety and Health Administration (MiOSHA) within the prior 36 months. Bidder shall further indicate if there was a modification or dismissal of the citation, if there is an appeal pending, or if a Settlement Agreement was reached between the Bidder and MiOSHA. Failure to provide safety information, or providing inaccurate or incomplete information, may result in a rejection of the bid.

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Bidder shall disclose violations of any state, federal, or local laws, violation of any state or federal prevailing wage laws, workers’ compensation or unemployment compensation laws, rules, or regulations issued to or against the Bidder within the past 5 years. Bidder shall also disclose any disbarment by any state, federal, or local governmental unit and/or findings of non-responsibility or non-compliance with respect to any public or private construction project performed by the Bidder.

ARTICLE 5

CONSIDERATION OF BIDS

Opening of Bids

Unless stated otherwise in the Advertisement or Invitation to Bid, only the properly identified Bids received on time will be opened publicly and will be read aloud. An abstract of the Bids will be made available to Bidders.

Invitation to Bidders to be Present.

Bidders are invited to be present at the opening of the Proposals.

Award of Bids

The City of Bay City reserves the right to award based on evaluation of the Bids and proposed alternates and any combination thereof as it is determined to be in the best interest of the

City, and which will not exceed the funds available for the project. The City of Bay City reserves the right to waive informalities or irregularities in any Bid. No contract will be awarded until the

City of Bay City has concluded such investigations as it deems necessary to establish the responsibility, qualifications and financial ability of the Bidder to do the work in accordance with the Bidding Documents and Contract to the satisfaction of the City of Bay City within the time prescribed. The City of Bay City reserves the right to reject the Bid of any Bidder who does not pass such investigations to the City of Bay City's satisfaction. In analyzing Bids, the City of Bay

City may take into consideration alternates and unit prices, if requested by the bid forms. In accordance with city ordinance, City Commission may give consideration to manufacturers, retailers, wholesalers or service providers located within the City of Bay City. The Bidder shall execute a Contract in the form which is attached to the Quotation Request if it is the successful bidder.

Rejection of Bids

The City of Bay City shall have the right to reject any or all Bids, to reject a Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or reject a Bid which is in any way incomplete, irregular, not responsive or not responsible. Any bid received by the Purchasing Office after 2:00 p.m. Eastern Standard Time on the date first set forth above will be rejected and returned to the bidder.

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Local Preference Policy

The City of Bay City utilizes a Local Preference Policy in order to encourage local vendors to provide goods and/or services to Bay City Government. Copies of this policy and the required qualifying affidavit are available on the City of Bay City web site (www.baycitymi.org). Vendors seeking to qualify as local vendors may submit an executed affidavit on an annual basis or return the executed affidavit along with their bid submission. The City of Bay City may, in its sole discretion, accept and consider an affidavit from a vendor seeking to qualify as a local vendor at any time.

ARTICLE 6

POST-BID INFORMATION

Submittals

The Bidder shall, as soon as practicable after notification of selection for recommendation of the award of a Contract, but no later than ten (10) days thereafter, furnish to the City of Bay

City, through the Purchasing Department, in writing:

1. A designation of the Work to be performed with the Bidder's own forces;

2. Names of the manufacturers, products and the suppliers of principal items or systems of materials and equipment proposed for the Work; and

3. Names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work.

The Bidder will be required to establish to the satisfaction of the City of Bay City, the reliability and responsibility of the persons or entities proposed to furnish and perform the Work according to the Responsible Contracting Ordinance.

Prior to the award of the Contract, the City of Bay City will notify the Bidder in writing if the City, after due investigation, has reasonable objection to a person or entity proposed by the

Bidder. If the City of Bay City has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) withdraw the Bid, or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The City of Bay City may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited.

Persons and entities proposed by the Bidder and to whom the City of Bay City have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the City of Bay City.

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Payment Terms.

Unless otherwise provided in the Contract, the City of Bay City’s payment terms are Net

60 days for approved invoices. Payment by the City of Bay City to the Bidder shall not constitute a waiver or release of the City of Bay City’s right to assert any claim against the Bidder.

ARTICLE 7

WARRANTIES AND PATENTS

Warranty Specifications

Bidder expressly warrants that all the materials and articles covered by its Bid or other description or specification furnished by the City of Bay City will be in exact accordance with the order, description or specification and free from defects in material and/or workmanship, merchantable, and fit for its intended purpose. Bidder also warrants that all machinery, equipment, materials, furnishings and other products which are part of the work covered by the Bidding

Documents will be installed and/or incorporated in the work in strict accordance with the manufacturer’s and/or supplier’s instructions and requirements. The preceding warranties shall survive delivery and installation, and shall not be deemed waived either by reason of the City of

Bay City's acceptance of the materials or articles or by payment for them. Any deviations from the Bidding Documents, or any other exceptions or alterations, must be approved in writing by the

City of Bay City's Purchasing Agent.

Pavement Warranty

On projects utilizing state or federal funding, which include $2 million or more in paving related components, the Bidder shall provide a Hot Mix Asphalt Warranty and/or a

Concrete Pavement Warranty, as applicable. The Warranty shall meet the requirements of MCL

247.663 and shall utilize the form documents, terms and definitions approved by the Michigan

Department of Transportation including, but not limited to, the contract warranty provisions, warranty bond, the terms of special provisions, the specifications for warranty work included in the contract and the warranty inspection guidelines. This requirement may be waived by the City of Bay City if it determines, in its sole discretion, that warranty/bonding is not feasible.

Compliance with Law

Bidder covenants and agrees that it will comply with all applicable federal, state and local laws, statues, ordinances, rules and regulations, including OSHA and MIOSHA, concerning or relating to the materials, machinery, equipment and/or goods to be sold or provided to the City of

Bay City in its Bid.

Patents

Bidder covenants and warrants that the materials, articles and goods [“product”] purchased hereunder do not infringe upon any letters patent granted by the United States, and Bidder covenants and agrees to hold the City of Bay City, and its successors, assigns, customers and users of the product, harmless against any claim or demand based upon such infringement, and after notice, to appear and defend at its own expense any suits at law or in equity arising therefrom.

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ARTICLE 8

PERFORMANCE BOND AND PAYMENT BOND

Surety Bonds

The Contractor shall furnish a surety bond in an amount at least equal to 100% of the

Contract Price as security for faithful performance of the Contract. The Contractor shall furnish a separate surety bond in an amount at least equal to 100% of the Contract Price as security for payment of all persons performing labor and furnishing materials in connection with the Contract.

The Contractor shall furnish a separate Maintenance and Guaranty Bond in an amount at least equal to 25% of the Contract Price as security for the faithful performance of all guarantees and warranties made in connection with the Contract. The premium for the bonds described above shall be paid by the Contractor. The form of the bonds shall be as appended herewith. The surety of the bond shall be a duly authorized surety company with a "Certificate of Authority of the Surety

Company" to do business in the State of Michigan. The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.

Insurance Requirements

Bidder shall purchase and maintain such insurances as are appropriate for the work being performed and furnished, including materials, and as will provide protection from all claims which may arise out of, result from or is caused by Bidder's performance and furnishing of the Work and

Bidder's other obligations under the Bidding Documents and Contract, whether it is to be performed or furnished by Bidder, by any Subcontractor or Supplier, by anyone directly or indirectly retained, consulted or employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. ALL OF THE POLICIES OF

INSURANCE SO REQUIRED TO BE PURCHASED AND MAINTAINED (OR THE

CERTIFICATES OR OTHER EVIDENCE THEREOF) SHALL CONTAIN A PROVISION OR

ENDORSEMENT THAT THE COVERAGE AFFORDED WILL NOT BE CANCELED,

MATERIALLY CHANGED OR RENEWAL REFUSED UNTIL AT LEAST THIRTY (30)

DAYS PRIOR WRITTEN NOTICE HAS BEEN GIVEN TO CITY OF BAY CITY BY

CERTIFIED MAIL. All such insurance shall remain in effect until final payment and at all times thereafter when Bidder may be correcting, removing or replacing defective Work. All insurances shall be obtained from companies licensed and admitted to do business in the State of Michigan.

All Contractors shall be required to strictly comply with the insurance requirements as specified in Article 6 of the…