Book 1-WS-741-5.1.25.pdf

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WATER SYSTEM IMPROVEMENTS AT VARIOUS LOCATOINS IN THE CITY OF DETROIT
Solicitation number
534156 / WS-741
Issued by
Michigan

About this file

This is a Request for Bids (RFB) document from the Detroit Water and Sewerage Department (DWSD) for a Water System Improvements project in Detroit, Michigan. The project involves replacing approximately 22,580 linear feet of existing 4-inch and 8-inch water main, including gate valves, fire hydrants, and approximately 875 water services across various locations in the city. The work also includes Lead Service Line Replacement both in the right-of-way and from the curb box to the property water meter. The project requires coordination with the DWSD Lead Service Line Team for resident interactions, notice delivery, and providing pitchers and filters. The bid is due on June 9, 2025, at 2:00 PM Eastern Time, with a pre-bid conference scheduled for May 12, 2025. The project has an expected duration of 730 calendar days, with work to be temporarily halted after the second week of November and resumed in the third week of April of the following year.

The project is funded through the State of Michigan's Drinking Water State Revolving Fund (DWSRF) and is subject to federal requirements, including Davis-Bacon wage rates, Disadvantaged Business Enterprise (DBE) requirements, and restrictions on certain telecommunications equipment. The bid requires various documentation, including a Bid Bond, Qualifications Statement, and Good Faith Efforts Worksheet for DBE participation. Contractors must meet specific qualifications, including having an Experience Modification Rate (EMR) of 1.00 or below for the past three years, appropriate insurance, and key personnel with relevant experience. The project will involve working within Detroit, Wayne County, and MDOT road jurisdictions, with contractors required to follow each jurisdiction's specific requirements and standards.

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REQUEST FOR BIDS

WATER SYSTEM IMPROVEMENTS AT VARIOUS

LOCATOINS IN THE CITY OF DETROIT

RFB # 534156/Project # WS-741

ADVERTISEMENT DATE May 5, 2025 via BidNet Direct (MITN) https://www.bidnetdirect.com/

PRE-BID CONFERENCE

Not Mandatory (Recommended)

May 12, 2025, at 10:00 AM Eastern Time

Join the meeting now Meeting ID: 210 734 580 979 2 Passcode: nE3uD9GP

Dial in by phone +1 469-998-6602,,694564983# United States, Dallas Find a local number Phone conference ID: 694 564 983#

QUESTION DEADLINE May 19, 2025, at 4:00 PM Eastern Time Questions must be submitted via https://www.bidnetdirect.com/ OR emailed to dwsd- contracts@detroitmi.gov & reference WS-741 in the subject line.

ADDENDA WITH ANSWERS TO

QUESTIONS POSTED NO LATER

THAN

May 27, 2025 Date DWSD responses to submitted questions will be posted in an addendum on https://www.bidnetdirect.com/

BID DUE DATE June 9, 2025, at 2:00 PM Eastern Time Proposals must be submitted via the MITN website via https://www.bidnetdirect.com/

Late bids will not be accepted

The as-read totals (unofficial bid tab) will be posted on BidNet Direct within two business days https://www.bidnetdirect.com/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzY4MWI1YmEtMGMzZC00NzJiLTk5OWYtMzE1OTkxYjViN2Nh%40thread.v2/0?context=%7b%22Tid%22%3a%22e154a760-1d2d-4ef6-8fd3-ebc8b4ef31fd%22%2c%22Oid%22%3a%228fab960c-b9b5-4d5c-aa65-8ad2e804c44c%22%7d tel:+14699986602,,694564983 https://dialin.teams.microsoft.com/d8d2f7a3-2364-4c9b-ab3d-7f613057a66c?id=694564983 http://www.mitn.info/ mailto:dwsd-contracts@detroitmi.gov mailto:dwsd-contracts@detroitmi.gov https://www.bidnetdirect.com/

CITY OF DETROIT

Mike Duggan, Mayor

REQUEST FOR BIDS NO. 534156

PROJECT NO. WS-741

BIDDING DOCUMENTS FOR

WATER SYSTEM IMPROVEMENTS AT VARIOUS

LOCATIONS IN THE CITY OF DETROIT

Book 1 of 3

BOARD OF WATER COMMISSIONERS

Michael Einheuser, Chairperson Mary E. Blackmon, Vice Chairperson

Lane Coleman John Henry Davis

Linda Forte Jane C. Garcia

Jonathan Kinloch

Gary Brown – Director

Samuel Smalley, P.E. – Deputy Director Mohamad Farhat, P.E. – Chief Engineer Istakur Rahman – Chief Financial Officer

May 2025

TABLE OF CONTENTS

PAGE

SECTION C-111 – ADVERTISEMENT FOR BIDS

SECTION C-200 – INSTRUCTIONS TO BIDDERS

Article 1— Defined Terms Article 2— Bidding Documents Article 3— Qualifications of Bidders Article 4— Pre-Bid Conference Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other

Work at the Site Article 6— Bidder’s Representations and Certifications Article 7— Interpretations and Addenda Article 8— Bid Security Article 9— Contract Times Article 10— Substitute and “Or Equal” Items Article 11— Subcontractors, Suppliers, and Others Article 12— Preparation of Bid Article 13— Basis of Bid Article 14— Submittal of Bid Article 15— Modification and Withdrawal of Bid Article 16— Opening of Bids Article 17— Bids to Remain Subject to Acceptance Article 18— Evaluation of Bids and Award of Contract Article 19— Bonds and Insurance Article 20— Signing of Agreement Article 21— Bid Protest Article 22— Equalization Allowance Article 23— Approved Clearances Requirements and Instructions Article 24— Permits

SECTION C-410 – BID FORM

Article 1— Owner and Bidder Article 2— Attachments to This Bid Article 3— Basis of Bid-Lump Sum Bid and Unit Prices Article 4— Time of Completion Article 5— Bidder’s Acknowledgements: Acceptance Period, Instructions, and Receipt of Addenda Article 6— Bidder’s Representations and Certifications

SECTION C-430 – BID BOND

SECTION C-451 – QUALIFICATIONS STATEMENT

Article 1— General Information Article 2— Safety Article 3— Surety Information Article 4— Insurance Article 5— Construction Experience Article 6— Required Attachments Schedule A— Previous Experience with Similar Projects Schedule B— Key Individuals

SECTION C-520 - AGREEMENT

Article 1— Work Article 2— The Project Article 3— Engineer Article 4— Contract Times Article 5— Contract Price Article 6— Payment Procedures Article 7— Contract Documents Article 8— Representations, Certifications, and Stipulations

SECTION C-610 – PERFORMANCE BOND

SECTION C-612 – WARRANTY BOND

SECTION C-615 – PAYMENT BOND

SECTION C-700 – STANDARD GENERAL CONDITIONS

Article 1—Definitions and Terminology Article 2—Preliminary Matters Article 3—Contract Documents: Intent, Requirements, Reuse Article 4—Commencement and Progress of the Work Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions Article 6—Bonds and Insurance Article 7—Contractor’s Responsibilities Article 8—Other Work at the Site Article 9—Owner’s Responsibilities Article 10—Engineer’s Status During Construction Article 11—Changes to the Contract Article 12—Claims Article 13—Cost of the Work; Allowances; Unit Price Work Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period Article 16—Suspension of Work and Termination Article 17—Final Resolution of Disputes Article 18—Miscellaneous

SECTION C-800 – SUPPLEMENTARY CONDITIONS

Article 1— Definitions and Terminology Article 2— Preliminary Matters Article 3— Contract Documents: Intent, Requirements, Reuse Article 4— Commencement and Progress of the Work Article 5— Site, Subsurface and Physical Conditions, Hazardous Environmental Conditions Article 6— Bonds and Insurance Article 7— Contractor’s Responsibilities Article 8— Other Work at the Site Article 9— Owner’s Responsibilities Article 10— Engineer’s Status During Construction

Article 11— Changes to the Contract Article 12— Claims Article 13— Cost of Work; Allowances, Unit Price Work Article 14— Tests and Inspections; Correction, Removal, or Acceptance of Defective Work Article 15— Payments to Contractor, Set Offs; Completions; Correction Period Article 16— Suspension of Work and Termination Article 17— Final Resolutions of Disputes Article 18— Miscellaneous

APPENDICES

Appendix A— Equalization Eligibility Form, Affidavit of Eligibility for Equalization Credit Form, Special Conditions, DBB Questionnaire

Appendix B— Non-Collusion Affidavit Appendix C— Approved Clearance Instructions Appendix D— Covenant of Equal Opportunity Application for Clearance Appendix E— Executive Order 2021-02 Appendix F— Checklist for Minimum Qualifications Appendix G— Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment / Davis-

Bacon and Related Acts/Prevailing Federal Wages / Labor Standards Provisions for Federally Assisted Projects / Disadvantaged Business Enterprises (DBE) Requirements- Good Faith Efforts Worksheet/ Enterprise (DBE) Requirements, Debarment/Suspension Certification

Appendix H— Final Report of Geotechnical Exploration/Contaminated Site Evaluation Checklist Appendix I— MI-EGLE Clearance Appendix J—Road Agency Clearance Appendix K—DEQ Signage to Increase Public Awareness for State Revolving Fund (SRF) and Drinking Water \

Revolving Fund (DWRF) Projects Appendix L—Concrete Washout Appendix M—Contractor Information Forms Appendix N—Exceptions for Specifications

ADDITIONAL BOOKS

Book 2 of 3— Technical Specifications Book 3 of 3— Drawings

The Unit Price Bid Schedule is included as a separate Excel document.

ADVERTISEMENT FOR BIDS FOR CONSTRUCTION CONTRACT

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

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

ADVERTISEMENT FOR BIDS

CITY OF DETROIT

WATER AND SEWERAGE DEPARTMENT

DETROIT, MICHIGAN

General Notice

The Detroit Water and Sewerage Department (Owner) is requesting Bids for the construction of the following Project:

WATER SYSTEM IMPROVEMENTS AT VARIOUS LOCATIONS IN THE CITY OF DETROIT

REQUEST FOR BIDS NO. 534156 / PROJECT NO. WS-741

Bids for the construction of the Project will be received electronically, on the BidNet Direct website at https://www.bidnetdirect.com/, until June 9, 2025, at 2:00 PM Eastern Standard Time. At that time the Bids received will be publicly opened and posted to https://www.bidnetdirect.com/.

The Project includes the following Work:

The work consists of replacing approximate 22,580 linear feet of existing four, eight, water main including Gate Valves, Fire Hydrants, and approximately 875 water existing services, and all appurtenances required to complete the work. The Contractor shall only be allowed to operate line valves up to and including sixteen inches in size under DWSD direct supervision. The Bidder hereby agrees to perform all work assigned by the Engineer no matter where located and at the Unit Prices established in the Bid Schedule.

The work also consists of Lead Service Line Replacement, both in the ROW and from curb box to the property water meter and will include the coordination between the Contractor and the DWSD Lead Service Line Team. Bidder to coordinate with Lead Service Line Team for interaction and communication with residents, delivery of notices, pitchers and filters to residents, and all other requirements as found in the specifications for Lead Service Line Replacement.

The Bidder agrees that any work including unmarked underground utilities that may be required to complete any specific item shall be considered incidental and no claim for additional compensation will be made. The contractor will be responsible for following DWSD’s Full Lead Service Line Replacement (FLSLR) Standard Operating Procedures (SOPs) and specification to remove full LSLs efficiently, effectively, and safely.

All Work shall be performed to the standards and requirements of the local jurisdiction or permitting agency with authority in the right of way where the Work is performed. Any Work performed within the Detroit DPW, Wayne County, or MDOT road jurisdictions shall be in accordance with the requirements of the Detroit DPW, Wayne County, and MDOT authorities respectively.

Link to Detroit DPW Standard Specifications for Paving and Related Construction:

https://detroitmi.gov/departments/department-public-works/right-way-permits-and-standards https://www.bidnetdirect.com/ https://www.bidnetdirect.com/ https://detroitmi.gov/departments/department-public-works/right-way-permits-and-standards

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, Due to the extreme inconvenience to Detroit Water and Sewerage water service customers and the public in general, and also due to the impossibility of performing prompt, permanent restoration during the winter season, work on the Contract shall be temporarily halted after the second week of November or as authorized by the Engineer. The Contract work shall promptly resume during the third week of April of the following year or as authorized by the Engineer. The Project has an expected duration of 730 calendar days.

Permits, Fees and notices:

DWSD has performed initial coordination with the Wayne County permitting authorities for the permit required in the Contract, and hereby make the permit fees letter available for all bidders to incorporate in their bids apart from the bid schedule. Accordingly, the contractor shall, at its sole cost and expense, secure and pay for the permit and inspection of Wayne County Dept. of Public Service.

Drinking Water State Revolving Fund

Please be advised that this is a State of Michigan Drinking Water State Revolving Fund (DWSRF project 7887-01). In addition, federal requirements must be met for Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment / Davis-Bacon and Related Acts/Prevailing Federal Wages / Labor Standards Provisions for Federally Assisted Projects / Disadvantaged Business Enterprises (DBE) Requirements- Good Faith Efforts Worksheet/ Enterprise (DBE) Requirements, Debarment/Suspension Certification. The relevant forms are in Appendix G. Note: Davis Bacon Wage Rates must be paid each year by the contractor and subcontractors for the duration of the contract.

Disadvantaged Business Enterprise (DBE) Requirements:

Note: The Michigan Department of Environment, Great Lakes, and Energy (EGLE) Good Faith Efforts Worksheets are required to be submitted as part of the bid package. Please read in its entirety, the Disadvantaged Business Enterprise (DBE) Requirements and Frequently Asked Questions Regarding Contractor Compliance, Good Faith Efforts Worksheets and Instructions to Bidders for the Completion of the Good Faith Efforts Worksheet and note that "Failure to show that the Good Faith Efforts were complied with during the bidding process can lead to a prime contractor being found non-responsive.

Obtaining the Bidding Documents

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

www.mitn.info

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

Pre-bid Conference

A pre-bid Conference will be held for this contract, attendance is not mandatory but recommended.

Please submit any administrative or technical questions in accordance with the Instruction to Bidders section in the Bidding Documents to dwsd-contracts@detroitmi.gov https://dwsdcipmo.sharepoint.com/Task7/ejcdc/Shared%20Documents/www.mitn.info http://www.mitn.info/ mailto:dwsd-contracts@detroitmi.gov mailto:dwsd-contracts@detroitmi.gov

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering

Companies, and American Society of Civil Engineers. All rights reserved.

Instructions to Bidders

For all further requirements regarding bid submittal, qualifications, procedures, technical questions and contract award, refer to the Instructions to Bidders section included in the Bidding Documents.

Bids are to include the following attachments and forms, organized in the following order:

No. Item Guidelines/Instructions Form

1 Bid Schedule C-200, Article 12, 13 C-410, Article 3, § 3.01 Attached

2 Receipt of Addenda C-410, Article 5 C-410, Article 5, § 5.03

3 Evidence of Authority to Sign the Bid C-410, Article 6 C-410, p. 5 of 5 4 Bid Security (i.e., Bid Bond [Penal Sum Form]) C-200, Article 8 C-430 5 Qualifications Statement C-200, Article 3 C-451 6 Qualifications Statement for JV Partner (if applicable) C-451, Article 6 C-451 7 Certification of Business’s Safety Performance C-451, Article 6 N/A 8 Construction Experience Attachment (if applicable) C-451, Article 5, § 5.01e N/A 9 Schedule A, Previous Experience with Similar Projects C-451, Article 5, § 5.02 C-451, Schedule A 10 Schedule B, Key Individuals C-451, Article 5, § 5.03 C-451, Schedule B 11 Qualifications Statement Certification N/A C-451, p. 5 of 9 12 Equalization Eligibility Forms (if applicable) C-200, Article 22 Appendix A 13 Detroit Based Business Questionnaire (if applicable) C-200, Article 22 Appendix A 14 Non-Collusion Affidavit C-200, Article 6, § 6.01 Appendix B 15 Approved Clearances C-200, Article 23 Appendix C 16 Covenant of Equal Opportunity N/A Appendix D 17 Checklist for Minimum Qualifications N/A Appendix F

Disadvantaged Business Enterprise (DBE) Utilization Good Faith Efforts Worksheet – Attachment 1 N/A Appendix G

Certification Regarding Debarment, Suspension and Other Responsibility Matters – Attachment 2 N/A Appendix G

This Advertisement is issued by:

Owner: The Detroit Water and Sewerage Department By: Scott Daniel Title: Procurement Specialist Email:

scott.daniel@detroitmi.gov mailto:ali.bdair@detroitmi.gov

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, TOC Page1 of 1

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

Page

Article 1— Defined Terms Article 2— Bidding Documents Article 3— Qualifications of Bidders Article 4— Pre-Bid Conference Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site Article 6— Bidder’s Representations and Certifications Article 7— Interpretations and Addenda Article 8— Bid Security Article 9— Contract Times Article 10— Substitute and “Or Equal” Items Article 11— Subcontractors, Suppliers, and Others Article 12— Preparation of Bid Article 13— Basis of Bid Article 14— Submittal of Bid Article 15— Modification and Withdrawal of Bid Article 16— Opening of Bids Article 17— Bids to Remain Subject to Acceptance Article 18— Evaluation of Bids and Award of Contract Article 19— Bonds and Insurance Article 20— Signing of Agreement Article 21— Bid Protest Article 22— Equalization Allowance Article 23— Approved Clearance Requirements and Instructions Article 24— Permits

This document is a MODIFIED version of EJCDC® C 200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

ARTICLE 1—DEFINED TERMS

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

A. Engineer — The Engineer shall be the Director of DWSD or an employee of DWSD named as such by the Director. The Engineer has the rights and authority assigned to the Engineer in the Contract Documents. The term “Engineer” shall include certain authorized representatives of the Director acting within the limits of their authority as delegated by the Director.

B. Issuing Office — The Detroit Water and Sewerage Department (DWSD) Procurement office from which the Bidding Documents are to be issued, and which registers plan holders.

C. Executive Order 2016-1 – A policy of the City that requires utilization of Detroit residents on publicly-funded construction projects with a value greater than $3,000,000.

D. Bid Protest – A challenge by the bidder to the award or proposed award of the contract.

E. Detroit-Based Business – A business which pays city income taxes on the business's net profits and pays city property taxes on a plant or office and equipment which are ordinarily required for the furnishing of the goods or the performance of the services required by the contract and referred to in the application for certification as a Detroit-based business, or other real or personal property in the city equivalent in value to such plant or office and equipment for not less than one (1) taxable year immediately prior to the date of the application for certification as a Detroit-based business.

F. Detroit Resident Business – Any business which employs a minimum of four (4) employees and at least fifty-one (51) percent of the business’ employees are residents of the City.

G. Joint Venture – A joint venture of separate firms, one of which is a Detroit Based Business or Detroit Resident Business, which has been created to perform a specific contract, and is evidenced by a written agreement.

H. Mentor Venture – A Joint Venture of separate firms, one of which is a Detroit Based Business or Detroit Resident Business, which has been created to perform a specific contract, and is evidenced by a written agreement.

I. Detailed Cost Breakdown – An itemized Breakdown of the Work and Contract Price detailing, for each pay item, quantities and dollar amounts required for making Progress payments. The sum of all pay items in the Detailed Cost Breakdown shall equal the Contract Price.

J. Equalization Credits - Price Equalization Credits are applied to reduce the cost of the price component of any bids provided by Qualified Vendors in the evaluation of all competitive solicitations for construction services unless prohibited by law. The reduction in price is in accordance with the percentages outlined 22.01. A potential vendor is entitled to use multiple credits in their bid but cannot claim both a Joint Venture and a Mentor Venture.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is

This document is a MODIFIED version of EJCDC® C 200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

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

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

2.03 Owner utilizes a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register at such website and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is evident. It is up to the Bidder to obtain and view all Request for Bids (RFB) documents, including all addenda and attachments, issued on MITN for this RFB.

2.04 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe (Portable Document Format) (.pdf) and that is readable by Adobe Acrobat Reader Version 6.0 or later and Microsoft Excel (.xlsx) format. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents.

However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents or the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.04.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidder must submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work. Failure to submit the required qualifications in their entirety may be subject to disqualification:

This document is a MODIFIED version of EJCDC® C 200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

A. All attachments listed in Section C-410 Article 2, §2.01

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

3.03 Minimum Qualifications: (Must submit evidence of meeting these Min Quals with your bid) – See

Appendix F for checklist:

A. Bidder can demonstrate that Bidder has successfully carried out work similar in nature, scope and value to the Work described in the Contract.

B. Bidder can demonstrate that any subcontractors proposed to complete the Work of this Contract meet the minimum qualifications as identified herein and in the Contract Specifications for the Work to be performed. Submit subcontractor name(s), address, contact info, description work being performed, and percentage of the work being performed with your bid.

C. Contractor shall have at least one (1) safety manager with at least one of the following criteria:

1. A four (4) year undergraduate degree in a safety-based curriculum plus at least two (2) years of relevant construction experience.

2. “Certified Safety Professional” as recognized by the Board of Certified Safety Professionals with at least two (2) years of relevant construction experience.

3. “Construction Health and Safety Technician” as recognized by the Board of Certified Safety Professionals with at least three (3) years of relevant construction experience.

4. Safety supervisor who has completed the OSHA 500 Basic Instructor Course in Occupational Safety and Health Standards for the Construction Industry and has performed safety responsibilities for at least five (5) years in the relevant construction industry.

D. Bidder is authorized to operate in the State of Michigan – Section C-451 Article 1.

E. The Bidder, subcontractors, and all on−site personnel meet the minimum qualification requirements listed in Section 33 14 13 − Public Water Utility Distribution Main in Book 2 − Technical Specifications.

F. The installer proposed by the Bidder has a minimum of five (5) years of experience in installation or replacement of water main distribution materials using trenching/open−cut method.

G. The Bidder, subcontractors, and all on−site personnel meet the minimum qualification requirements listed in Section 33 01 30.24 − Water Main Pipe Bursting in Book 2 − Technical Specifications.

H. The installer proposed by the Bidder to perform the water main pipe bursting work of this Contract has a minimum five (5) years and at least 30,000 lineal feet documented experience in pipe bursting of 6−inch to 24−inch diameter pipe.

I. The Bidder, subcontractors, and all on−site personnel meet the minimum qualification requirements listed in Section 33 05 07.13 − Utility Directional Drilling in Book 2 − Technical Specifications.

This document is a MODIFIED version of EJCDC® C 200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

J. The installer proposed by the Bidder to perform the water main directional drilling work of this Contract has a minimum five (5) years and at least 30,000 lineal feet documented experience in directional drilling of specified size of water main pipe.

K. Bidder has an experience modification rate (EMR) of 1.00 or below for each of the last three

(3) years: 2021, 2022, and 2023 – Section C-451 Article 2.

L. The Bidder, subcontractors, and all on-site personnel meet the minimum requirements listed under Quality Assurance and Qualifications sections of 33 01 15.71 – Cured-in-Place Water Main Lining in Book 2 – Technical Specifications.

M. The installer proposed by the Bidder to perform the water main lining work of this contract has a minimum of three (3) years of documented experience in installation of liner materials.

N. Surety is authorized to provide surety bonds in the City of Detroit. – Section C-451 Article 3.

O. Insurance Provider licensed or authorized to issue policies in the City of Detroit – Section C- 451 Article 4.

P. Insurance Provider has an A.M. Best Rating of A-VII or better. – Section C-451 Article 4.

Q. Project Manager, Project Superintendent, and Quality Control Manager have a minimum of five (5) years’ experience in their respective roles. – Section C-451 Schedule B.

R. Project Manager, Project Superintendent, Safety Manager, and Quality Control Manager have the minimum experience of three (3) similar projects in their respective roles. – Section C-451 Schedule B.

S. The proposed Project Manager is not the same individual as the proposed Safety Manager or Quality Control Manager.

T. The proposed Project Superintendent is not the same individual as the proposed Safety Manager or Quality Control Manager as provided in Section C-451 Schedule B.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A non-mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner will be present to discuss the Project. Bidders are strongly encouraged to attend and participate in the conference to obtain valuable procurement and project information; however, attendance at this conference is not required to submit a Bid.

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

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

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

This document is a MODIFIED version of EJCDC® C 200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced in the Supplementary Conditions available to any Bidder on request. These reports and drawings are not part of the Contract Documents. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

4. Geotechnical Baseline Report/Geotechnical Data Report: The Bidding Documents do not contain a Geotechnical Baseline Report (GBR) or a Geotechnical Data Report (GDR). Any Geotechnical data provided are for information only and are not part of the Contract Documents.

B. Underground Facilities: Underground Facilities, also called Utilities, are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Other Site-related Documents

A. In addition to the documents regarding existing Site conditions referred to in Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the Site are known to Owner and made available to Bidders for reference:

1. Final Report of Geotechnical Exploration

Owner will make copies of these other Site-related documents available to any Bidder on request.

This document is a MODIFIED version of EJCDC® C 200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

B. Owner has not verified the contents of these other Site-related documents, and Bidder may not rely on the accuracy of any data or information in such documents. Bidder is responsible for any interpretation or conclusion Bidder draws from the other Site-related documents.

C. The other Site-related documents are not part of the Contract Documents.

D. Bidders are encouraged to review the other Site-related documents, but Bidders will not be held accountable for any data or information in such documents. The requirement to review and take responsibility for documentary Site information is limited to information in (1) the Contract Documents and (2) the Technical Data.

5.04 Site Visit and Testing by Bidders

A. Bidder is encouraged to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. A Site visit may be scheduled following the advertisement for bids. Bidders will be notified of the date, time and location to attend.

C. Bidders visiting the Site are required to arrange their own transportation to the Site.

D. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions prior to the Bid.

E. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

F. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

G. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 Owner’s Safety Program

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

5.06 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that may be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such

This document is a MODIFIED version of EJCDC® C 200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

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

Bidder reiterates and makes each of the representations made in the Non-Collusion Affidavit, Appendix B, executed by the Bidder and included with the Bid.

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

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda, also referred to as Bulletin, to clarify, correct, supplement, or change the Bidding Documents.

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

A. Submit question in Microsoft Word format to DWSD Procurement Division, via electronic mail to: dwsd-contracts@detroitmi.gov.

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda. Questions received less than fourteen (14) days prior to the date for opening of Bids may not be answered.

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

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to the Detroit Board of Water Commissioners (BOWC) in an amount of 5% percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, cashier’s check, a bank draft or a letter of credit drawn upon a solvent bank insured by an agency of the Federal Government, or Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid https://dlz807-my.sharepoint.com/personal/rwaddell_dlz_com/Documents/DWSD/Procurement/DWS-909/dwsd-contracts%40detroitmi.gov

This document is a MODIFIED version of EJCDC® C 200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

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

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven (7) days after the Effective Date of the Contract or one hundred eighty-one (181) days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

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

ARTICLE 9—CONTRACT TIMES

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

9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors, Manufacturers and Suppliers within five (5) days after the Notice of Intent to Award.

This document is a MODIFIED version of EJCDC® C 200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

11.03 If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, without an increase in Bid price.

11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers.

Declining to make requested substitutions and self-perform the trade will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Schedule is included with the Bidding Documents.

A. If the Bid Schedule is delivered as a separate electronic document, the Bid Schedule is to be completed electronically. All blanks must be typed and the Evidence of Authority to Sign the Bid page must be signed in ink. If the Bid Schedule is delivered as a part of the Bid Form document, all blanks on the Bid Schedule must be completed in ink and the Evidence of Authority to Sign the Bid page signed in ink. Erasures or alterations must be initialed in ink by the person signing the Evidence of Authority to Sign the Bid. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

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

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on the attached Electronic Bid Schedule. If the Bid Schedule is delivered as a part of the Bid Form document and printed, the copy must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Schedule as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

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

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

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

This document is a MODIFIED version of EJCDC® C 200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

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

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

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

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

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

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

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

ARTICLE 13—BASIS OF BID

13.01 Unit Price

A. Bidders…

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