DB 19214 (r).pdf

State of Michigan Department of Technology, Management and Budget

State Facilities Administration

DESIGN BUILD CONTRACT

Bidding and Contract Document Minor Projects

File No.: 472/19214.MNB

Funding Code: 472MRFMaintProj Department of Corrections

Macomb Correctional Facility Propane Blender Upgrades

Bid Date: August 28, 2019, 2:00 p.m. Local Time

Bidding and Contract Document (R 5/19) Project Name: Macomb CF – Propane Blender Upgrade File No.: 472/19214.MNB

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Table of Contents

DESIGN BUILD BID SUMMARY

BID SCHEDULE

QUALIFIED DISABLED VETERAN (QDV) BUSINESS REPRESENTATION

CERTIFICATION OF A MICHIGAN BASED BUSINESS

BID BOND

BID SUBMITTALS

PERFORMANCE BOND

PAYMENT BOND

SECTION ONE – PRE-BID INFORMATION

SECTION TWO – INSTRUCTIONS TO BIDDERS

SECTION THREE – SUPPLEMENTARY INSTRUCTIONS

SECTION FOUR – INFORMATION FOR BIDDERS

SECTION FIVE – GENERAL PROVISIONS

SECTION SIX – RIGHTS AND RESPONSIBILITIES

SECTION SEVEN – PROJECT PROCEDURES

SECTION EIGHT – SPECIAL WORKING CONDITIONS

SECTION NINE - SUPPLEMENTARY CONDITIONS

APPENDIX I – GLOSSARY

APPENDIX II – SPECIAL WORKING CONDITIONS

APPENDIX III – SPECIAL PROJECT PROCEDURES

APPENDIX IV – PROJECT SIGNAGE ........................................................................................ Error! Bookmark not defined.

Bidding and Contract Document (R 5/19) Project Name: Macomb CF – Propane Blender Upgrade File No.: 472/19214.MNB

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DESIGN BUILD BID SUMMARY (R 05/19)

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

STATE FACILITIES ADMINISTRATION

DESIGN AND CONSTRUCTION DIVISION

3111 W. St. Joseph Street Lansing, Michigan 48917

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

FILE NUMBER

472/19214.MNB

DEPARTMENT/AGENCY

Corrections

LOCATION

34625 26 Mile Rd., Lenox Twp., 48048

CONTRACT COMPLETION DATE

120 days from Notice to Proceed

PROJECT NAME/PROJECTSCOPE

Macomb Correctional Facility – Propane Blender Upgrade

BID OPENING DATE

Wednesday, August 28, 2019, 2:00 p.m. Local Time

FOR AN EXAMINATION OF THE SITE CONTACT

James McDonald, 586.749.4900 extension 2501146

BY SIGNING AND SUBMITTING THE BID SUMMARY, THE BIDDER CERTIFIES THEY COMPLY WITH ALL PROVISIONS OF THE CONTRACT

SOLICITATION.

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

CONSIDERATION FO THE BID PRICE(S) STATED BELOW.

FIRM NAME AND COMPLETE ADDRESS

☐ Qualified Disabled Veteran

TELEPHONE NUMBER

EMAIL ADDRESS

FEDERAL ID NUMBER (LAST 4 ONLY)

BIDDER’S SIGNATURE AND TITLE DATE WITNESS’ SIGNATURE DATE

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

BASE BID FROM BID SCHEDULE (Include Specified Allowances):

Dollars $ (use words) (in figures)

Alternate 1: (add / subtract) Dollars $ (use words) (in figures)

Alternate 2: (add / subtract) Dollars $ (use words) (in figures)

Alternate 3: (add / subtract) Dollars $ (use words) (in figures)

Builders Risk Insurance is NOT provided by the State of Michigan

PERFORMANCE AND PAYMENT BONDS ARE REQUIRED FOR ALL BIDS OVER $50,000.00. EACH BID SHALL BE ACCOMPANIED BY

A FIVE (5%) PERCENT BID GUARANTEE.

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

Project Scope of Work (See attached Project Description):

To restore the existing propane plant to fully functional status. Work will include replacement / installation of one (1) propane blender system consisting of new propane air Venturi mixing system supplying 30 MM BTU per hour of mixed gas at 8 pounds of pressure; propane flow pumps to the existing propane tank (includes bypass valves); propane water bath vaporization unit at 30 MM BTU per hour at -20 degree F and 200 PSIG. This will include all associated gas piping and electrical connections, grounding to be modified or replaced as required for a safe, operational system. All applicable codes must be complied with

Bidding and Contract Document (R 5/19) Project Name: Macomb CF – Propane Blender Upgrade File No.: 472/19214.MNB

[2] including permits and approvals from the State of Michigan, Bureau of Construction Codes, and the Bureau of Fire Services.

Since this is a design/build project, the submitted proposal must include design recommendations to restore the existing system to full operation in good repair.

NEW: Replace gas line as it will be discussed at the Pre-Bid Meeting. Gas line is located outside of the building.

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

Addenda: Bidder acknowledges receipt of Addenda: No. dated: ; No. dated: ; No. dated:

FIRM NAME TELEPHONE NUMBER AND EMAIL ADDRESS

BID SCHEDULE

Not-To-Exceed Base Bid Schedule – The Not-to-Exceed Bid shall be broken down into compensation categories as shown below. The Not-To-Exceed Bid will be compensated according to actual costs per Section 6, Paragraphs 8.1 to 8.15

1. Design Services $

2. Construction, Trade Labor, and Subcontractors $

3. General Conditions $

SUBTOTAL $

4. Overhead and Profit (Percentage of Sub-Total Above) % $

5. Management $

TOTAL NOT TO EXCEED BID $

Allowances:

(a) Bidders must include in their Base Proposal Sum a cash allowance of $40,000.00 *see comment below

• (related to water bath vaporizer and mixer units replacement. Add this number and insert price below and again on first page).

Not-to-Exceed Base Bid (Sum of Item Bid Prices for all Not-To-Exceed Bid Items): INCLUDE $40,000 ALLOWANCE

_________________________________________________________________ Dollars and No/Costs$__________________________ (use words) (in figures)

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

Alternate Bid Item No.

Bid Quantity

Description (Bidder to write price in words)

Unit Price

Item Bid Price

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

Bidding and Contract Document (R 5/19) Project Name: Macomb CF – Propane Blender Upgrade File No.: 472/19214.MNB

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FIRM NAME TELEPHONE NUMBER AND EMAIL ADDRESS

QUALIFIED DISABLED VETERAN (QDV) BUSINESS REPRESENTATION

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

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

☐ The vendor represents that it IS a qualified disabled veteran.

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

Each bid requesting the Qualified Disabled Veterans (QDV) preference, in accordance with Public Act 22 of 2010, MCL

18.1241.3 shall include a DD214 Proof of Service and Discharge, a Veterans Administration rating decision letter, proof of disability (if the disability is not indicated on the DD214), and appropriate legal documents setting forth the 51% natural persons QDV ownership.

Fraudulent Certification as a Qualified Disabled Veteran may result in debarment under MCL 18.1264.

CERTIFICATION OF A MICHIGAN BASED BUSINESS

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

To qualify as a Michigan Based Business:

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

or

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

(check all that apply):

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

208.1 – 208.145;

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

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

Department of Treasury;

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

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

Bidder shall also indicate one of the following:

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

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

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

Fraudulent Certification as a Michigan business is prohibited by MCL 18.1268 § 268. A BUSINESS THAT PURPOSELY OR WILLFULLY SUBMITS A FALSE CERTIFICATION THAT IT IS A MICHIGAN BUSINESS OR FALSELY INDICATES THE STATE IN WHICH IT HAS ITS PRINCIPAL PLACE OF BUSINESS IS GUILTY OF A FELONY, PUNISHABLE BY A FINE OF NOT LESS THAN $25,000 and subject to debarment under MCL 18.1264

Bidding and Contract Document (R 5/19) Project Name: Macomb CF – Propane Blender Upgrade File No.: 472/19214.MNB

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BID BOND

BID SUBMITTED ON the day of , 20 .

Bid Security is attached and in the form of: ☐ Bid Bond – Bid Bond form has been duly executed; or

☐ Bank Certified; or

☐ Cashier’s Check; or Money Order (Check or Money Order must be delivered to issuing office prior to Bid Closing Time in addition to normal SIGMA submittals.)

If the Bidder is an Individual:

Name of Individual:

Name and Title of Person Authorized to sign:

Signature:

(If not the Individual, attach Power of Attorney) Date

Doing Business As:

Business Address:

County of Registration:

Telephone: Fax:

If the Bidder is a Partnership:

By:

(True Name of Partnership)

Partner authorized to sign:

(Attach evidence of Authority to sign) Date

Business Address:

County of Registration:

Telephone: Fax:

If the Bidder is a Corporation:

By:

(Legal Corporation Name)

Name and Title of Authorized Officer:

(Attach evidence of Authority to sign) Date

Name and Title of Officer Attesting:

Date

Business Address:

Telephone: Fax:

State of Incorporation:

If The Bidder is A Joint Venture: JOINT VENTURE SIGNATURES SHALL BE AS PROVIDED IN INSTRUCTIONS TO BIDDERS. EACH JOINT VENTURER SIGNING THE BID SHALL SIGN IN THE MANNER INDICATED FOR AN INDIVIDUAL, A PARTNERSHIP, OR A CORPORATION. IF MORE THAN TWO JOINT VENTURERS OF THE SAME TYPE ARE INCLUDED, USE ADDITIONAL PAGES. JOINT VENTURE STATE OF INCORPORATION OR COUNTY OF

REGISTRATION .

Bidding and Contract Document (R 5/19) Project Name: Macomb CF – Propane Blender Upgrade File No.: 472/19214.MNB

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BID SUBMITTALS

(Projects over $250,000 only)

See the attached Project Description, which includes the scope of work, and the Owner’s requirements for schedule, quality, budget, and other needs.

Bid submittals are required for projects over $250,000 and are to be provided at the time of Bid, in the format outlined below:

1. Business Organization, Team Composition, and Experience:

Provide the full names and addresses of the DB Entity, the DB Entity’s Architect/Engineer, and any other team member firms that will provide design or construction services. List a minimum of three similar projects successfully completed by the DB Entity, with reference contact information.

2. Understanding of the Project Scope of Work and Requirements:

Concisely describe your understanding of the project scope of work and your understanding of the schedule, quality, budget, and other requirements. Describe your proposed solution to the project scope of work.

3. Work Plan and Schedule:

Concisely describe your plan for successful completion of the project and how you will meet the schedule, quality, budget and other requirements. Provide your preliminary schedule with major milestones.

4. Key Personnel:

Identify the DB Entity’s Project Manager, Superintendent, and Architect/Engineer, with resumes.

5. Design Build (BD) Entity Hourly Billing Rate Schedule:

Attach a list of the hourly billing rates for the DB Entity’s staff, by job title and individual. These rates will form the basis for invoicing self-performed design services, general conditions, and management against the Not-To-Exceed Bid categories.

6. Additional Information:

Include any additional information you believe to be pertinent to the project problem but not specifically requested elsewhere in the Bidding Documents.

LIST OF SIMILAR PROJECTS COMPLETED BY THE BIDDER

Please list at least three (3) completed projects of similar size and complexity to the project being bid, with reference contact information

REFERENCE #

Owner:

Project/Contract Name:

Location of Project/Contract:

Contract Price: Project/Contract Started: Completed:

Owner's Representative (Name and Telephone):

Scope of Project/Contract:

Bidding and Contract Document (R 5/19) Project Name: Macomb CF – Propane Blender Upgrade File No.: 472/19214.MNB

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REFERENCE #

Owner:

Project/Contract Name:

Location of Project/Contract:

REFERENCE #

Owner:

Project/Contract Name:

Location of Project/Contract:

Bidding and Contract Document (R 5/19) Project Name: Macomb CF – Propane Blender Upgrade File No.: 472/19214.MNB

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PERFORMANCE BOND

SURETY COMPANY REFERENCE NO.

That "the DB Entity," ___________________________________________________, a corporation ☐, individual ☐, partnership ☐, joint venture ☐ of the State of __________________, qualified to do business in the State of Michigan, as

Principal, and "the Surety," ____________________________________________________________________, of the State of _________________, as surety, are held and bound unto the State of Michigan, "the Owner," as Obligee, in the amount of __________________________________________________________________________ Dollars ($_________________), for the payment of which the DB Entity and Surety bind themselves, their respective heirs, successors, legal representatives and assigns, jointly and severally, in compliance with 1963 PA 213, as amended, MCL 129.201 et seq.

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

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

THIS OBLIGATION IS VOID, OTHERWISE TO REMAIN IN

FULL FORCE AND EFFECT.

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

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

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

IMPORTANT: The Surety shall be authorized to do business in the State of Michigan by the Department of Licensing and

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

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

Signed and sealed this day of , 20 .

THE DB ENTITY: (Print Full Name and Sign) By:

WITNESS Name & Title:

Telephone No.:

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

WITNESS Attorney-in-Fact:

Telephone No.:

Bidding and Contract Document (R 5/19) Project Name: Macomb CF – Propane Blender Upgrade File No.: 472/19214.MNB

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PAYMENT BOND

SURETY COMPANY REFERENCE NO.

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

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

If the DB Entity promptly pays all claimants supplying labor or materials to the DB Entity or to the DB Entity’s subcontractors in the prosecution of the Work, then THIS

OBLIGATION IS VOID, OTHERWISE TO REMAIN IN FULL

FORCE AND EFFECT.

A. All rights and remedies on this Payment Bond are solely for the protection of all claimants supplying labor and materials to the DB Entity or the DB Entity’s subcontractors in the prosecution of the Work, and shall be determined in accordance with Michigan Law.

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

C. It is the intention of the DB Entity and Surety that they shall be bound by all terms and conditions of the Contract Documents (including, but not limited to this Payment Bond).

However, this Payment Bond is executed pursuant to 1963 PA 213, as amended, MCL 129.201 et seq., and if any provision(s) of this Payment Bond is/are illegal, invalid or unenforceable, all other provisions of this Payment Bond shall nevertheless remain in full force and effect, and the Owner shall be protected to the full extent provided by 1963 PA 213, as amended, MCL 129.201 et seq.

IMPORTANT: The Surety shall be authorized to do business in the State of Michigan by the Department of Licensing and

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

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

Signed and sealed this day of , 20 .

THE DB ENTITY: (Print Full Name and Sign) By:

WITNESS Name & Title:

Telephone No.:

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

WITNESS Attorney-in-Fact:

Telephone No.:

Bidding and Contract Document (R 5/19) Project Name: Macomb CF – Propane Blender Upgrade File No.: 472/19214.MNB

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SECTION ONE – PRE-BID INFORMATION

1. INVITATION TO BID (ITB): Your firm is invited to submit a Bid. See the attached Project Description, which includes the scope of work, any other documents provided, and the Owner’s requirements for schedule, quality, cost and other needs.

The State of Michigan as the Owner will receive bids electronically through the SIGMA website at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService, for Macomb Correctional Facility – Propane Blender Upgrades until 2:00 p.m., local time, on Wednesday, August 28, 2019. The State reserves the right to cancel this Invitation to Bid (ITB) or change the date and time for submitting Bids by announcing same at any time before the established date and time for Bid opening. Bids must remain open for acceptance by the Owner for no less than the Bid hold period. DB Entity may agree to extend the Bid hold period. However, any such extension shall be based upon no increase in the Bid Price and/or Contract Time.

2. WORK DESCRIPTION: The Work (Project Title), Macomb Correctional Facility – Propane Plant Replacement / Repair of the Backup Fuel System DTMB File No. 472/19214.MNB includes, but is not necessarily limited to:

To restore the existing propane plant to fully functional status. Work will include replacement / installation of one (1) propane blender system consisting of new propane air Venturi mixing system supplying 30 MM BTU per hour of mixed gas at 8 pounds of pressure; propane flow pumps to the existing propane tank (includes bypass valves); propane water bath vaporization unit at 30 MM BTU per hour at -20 degree F and 200 PSIG. This will include all associated gas piping and electrical connections, grounding to be modified or replaced as required for a safe, operational system. All applicable codes must be complied with including permits and approvals from the State of Michigan, Bureau of Construction Codes, and the Bureau of Fire Services. Since this is a design/build project, the submitted proposal must include design recommendations to restore the existing system to full operation in good repair.

The site is located Macomb Correctional Facility – 34625 26 Mile Road, Lenox Twp., MI 48048

3. PRE-BID CONFERENCE: A mandatory pre-bid conference will be held at Macomb Correctional Facility, Maintenance Building – 34625 26 Mile Road, Lenox Twp., MI on Tuesday, August 13, 2019, at 9:00 a.m., local Time. A tour of the existing propane back-up fuel system will be held on the same day, starting at 9:00 a.m., local time. All prospective Bidders are required ☒ to attend the tour, if held. Other parties interested in the Work are encouraged to attend the tour. Addenda may be issued, in response to issues raised at the pre-bid conference and tour, or as the Owner may otherwise consider necessary.

4. EQUAL EMPLOYMENT OPPORTUNITY: Covenants to not discriminate in employment by Design-Build Entities, Subcontractors, and Suppliers required by Law are contained in this Contract and are applicable to the Work and any Sub-agreement under the Contract.

5. CONTRACT TIMES: The Contract Times and the associated liquidated damages are specified in the Contract.

6. CONTACT PERSON: All requests or inquiries concerning the Bidding Documents or the Work shall be addressed to:

Mustafa (Chris) N. Bahjet (Project Director) by email at bahjetc@michigan.gov.

7. AWARD: Subject to any agreed extension of the period for holding Bids, Bids shall remain valid for acceptance by the Owner for 60 Calendar Days after the date of Bid opening. In addition, the Owner expressly reserves the right, within the Owner's sole discretion, to reject any or all Bids, to waive any irregularities, to issue post-Bid Addenda and re-bid the Work without re-advertising, to re-advertise for Bids, to withhold the award for any reason the Owner determines and/or to take any other appropriate action.

8. PERFORMANCE AND PAYMENT BONDS: A performance bond and a payment bond are required for all contracts over

$50,000.00.

END OF SECTION ONE

Bidding and Contract Document (R 5/19) Project Name: Macomb CF – Propane Blender Upgrade File No.: 472/19214.MNB

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SECTION TWO – INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BID: Execute Bid fully and properly. Bid Summary Form and Bid Form Attachments shall be used and completely filled out for the Bid to be considered responsive and meeting the requirements of the contract solicitation.

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

2. BID CHECKLIST: Submit one Bid Summary Form with original signatures plus Bid Form Attachments in a sealed envelope.

On the outside of the envelope, write the Project name, file number, index number and location; Bidder’s name, complete address and phone number; and “Sealed Bid Enclosed”.

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

Bids SUBMIT THESE Bid Forms and Bid Form Attachments

All Bids □ Signed and completed Bid Summary Form;

□ Bid Schedule;

□ Qualified Disabled Veteran (QDV) Business Representation;

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

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

State Facilities Administration

Design & Construction Division 3111 W. St. Joseph Street Lansing, Michigan 48917

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

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

Over $50K □ Forms listed under All Bids;

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

Over $100K □ Forms listed under All Bids;

□ Certification of a Michigan Based Business;

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

Over $250K □ Forms listed under All Bids;

□ Certification of a Michigan Based Business;

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

□ Bid Submittals

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

4. CERTIFICATE OF AWARDABILITY: Not required.

5. MICHIGAN PREFERENCE CERTIFICATION: All Bidders submitting Bids in excess of $250,000.00 shall complete the

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

6. BID SUBMITTAL: For projects over $250,000, the Owner requires a Bid Submittal from the Bidders. The Bid Submittals will be used in evaluating the Best Value Bids under Section 2, paragraph 17. Failure to provide the submittals may disqualify the Bid.

7. SIGNATURES: All Bids, notifications, claims, and statements shall be signed as follows:

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

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

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

Bidding and Contract Document (R 5/19) Project Name: Macomb CF – Propane Blender Upgrade File No.: 472/19214.MNB

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8. BID PRICES: The Bidder’s Not-To-Exceed Bid and Alternate Bid prices shall include, and payment for completed Work will compensate in full for: all professional design, services, obligations, responsibilities, management, supervision, labor, materials, devices, equipment, construction equipment, general conditions, permits, patent fees and royalties, testing, inspection and approval responsibilities, warranties, temporary facilities, small tools, supplies, Bonds, insurance, taxes, mobilization, close-out, overhead and profit and all connections, appurtenances and any other incidental items of any kind or nature, as are necessary to complete the Work, in a neat, first quality, workmanlike and satisfactory manner as required to fulfill the Owner’s Project requirements as described on the attached Project Description and as approved through the project design process by the Owner. For each Cash Allowance item, the Bidder shall include, within the Bid, all labor costs, construction equipment costs, insurance and Bond premiums and other general conditions costs and Fees (for both the Bidder’s and any Subcontractors) to complete Work associated with the material, equipment or other designated item to be furnished under the Cash Allowance. For each Provisionary Allowance, the Bidder shall include, within the Bid, insurance, premiums (not recoverable as labor burden) and Bond premiums required to complete Work that may be ordered under a Provisionary Allowance.

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

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

Bidders shall not rely upon any oral statements or conversations regarding interpretations, clarifications, corrections, additions, deletions or other revisions or information to the Bidding Documents. Any addition, limitation or provision made with or attached to the Bid may render it non-responsive and/or irregular and be a cause for rejection. The Owner reserves the right to issue a post-Bid Addendum after opening the Bids and set a new date for the receipt and opening of sealed Bids. The Bidder acknowledges that the scope of construction included in the Work is not defined at the time of Bidding and payments will be made only for actual construction trade work completed in accordance with the approved Contract Documents.

11. MODIFICATION OF RECEIVED BID: The entire bid must be resubmitted on the SIGMA website.

12. BID WITHDRAWAL: Except for timely filed claims of mathematical or clerical errors granted by the State, no Bid may be withdrawn within sixty Calendar Days after the Bid Opening time and date or before the Bid expiration date. The request to withdraw a Bid due to error shall be submitted in writing along with the supporting documents within two Business Days after the date of Bid Opening. The claim shall describe in detail the error(s), include a signed affidavit stating the facts of the alleged error(s) and request that the Bidder be released from its Bid. The review of the claim and its supporting documents by the State is only for the purpose of evaluating the Bidder’s request and shall not create duty or liability on the State to discover any other Bid error or mistake. The sole liability of any Bid error or mistake rests with Bidder.

13. BID OPENING: N/A.

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

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

(b) between words and figures, the words shall be used;

(c) between any sum, computed by the Bidder, and the correct sum, the sum computed by the Bidder shall be used;

(d) between the product, computed by the Bidder, of any quantity and Bid Unit Price and the correct product of the Unit

Price and the quantity of Unit Price Work, the product extended by the Bidder shall be used;

(e) between a stipulated Allowance and the amount entered, the Allowance shall be used;

(f) any mobilization pay item exceeding the maximum specified shall be ignored and the Bid shall remain unchanged;

(g) if any Bidder fails or neglects to bid a Unit Price for an item of Unit Price Work but shows a "Bid Price" for that item, the missing unit price shall be computed from the respective quantity and the Item Bid Price shown;

(h) if any Bidder fails or neglects to show a "Bid Price" for an item of Unit Price Work but bids a unit price, the missing Bid

Price shall remain as “zero”; and

(i) if any Bidder fails or neglects to enter a Bid Price in both words and figures, the Bid Price printed or typed, whether in words or figures, shall be used.

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15. CERTIFICATION: The bidder certifies to the best of its knowledge and belief that, within the past three (3) years, the bidder, an officer of the bidder, or an owner of a 25% or greater interest in the bidder:

(a) Has not been convicted of a criminal offense incident to the application for or performance of a contract or subcontract with the State of Michigan or any of its agencies, authorities, boards, commissions, or departments.

(b) Has not had a felony conviction in any state (including the State of Michigan).

(c) Has not been convicted of a criminal offense which negatively reflects on the bidder’s business integrity, including but not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, negligent misrepresentation, price-fixing, bid-rigging, or a violation of state or federal anti-trust statutes.

(d) Has not had a loss or suspension of a license or the right to do business or practice a profession, the loss or suspension of which indicates dishonesty, a lack of integrity, or a failure or refusal to perform in accordance with the ethical standards of the business or profession in question.

(e) Has not been terminated for cause by the Owner.

(f) Has not failed to pay any federal, state, or local taxes.

(g) Has not failed to comply with all requirements for foreign corporations.

(h) Has not been debarred from participation in the bid process pursuant to Section 264 of 1984 PA 431, as amended, MCL 18.1264, or debarred or suspended from consideration for award of contracts by any other State or any federal Agency.

(i) Has not been convicted of a criminal offense or other violation of other state or federal law, as determined by a court of competent jurisdiction or an administrative proceeding, that in the opinion of DTMB indicates that the bidder is unable to perform responsibly or which reflects a lack of integrity that could negatively impact or reflect upon the State of Michigan, including but not limited to, any of the following offenses under or violations of:

(i) The Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.101 to 324.90106.

(ii) A persistent and knowing violation of the Michigan Consumer Protection Act, 1976 PA 331, MCL 445.901 to

445.922.

(iii) A finding that the bidder failed to pay the wages and/or fringe benefits due within the time period, as may be required by applicable law.

(iv) Repeated or flagrant violations of 1978 PA 390 MCL 408.471 to 408.490 (law relating to payment of wages and fringe benefits).

(v) A willful or persistent violation of the Michigan Occupational Health and Safety Act, 1974, PA 154, MCL

408.10001 to 408.1094, including: a criminal conviction, repeated willful violations that are final orders, repeated violations that are final orders, and failure to abate notices that are final orders.

(vi) A violation of federal or state civil rights, equal rights, or non-discrimination laws, rules, or regulations.

(vii) Been found in contempt of court by a Federal Court of Appeals for failure to correct an unfair labor practice as prohibited by Section 8 of Chapter 372 of the National Labor Relations Act, 29 U. s. C. 158 (1980 PA 278, as amended, MCL 423.321 et seq).

(j) Is NOT an Iran linked business as defined in MCL 129.312

A false statement, misrepresentation, or concealment of material facts on this certification may be grounds for rejection of this proposal or termination of the award and may be grounds for debarment.

16. REJECTION OF BID: The Bidder acknowledges the right of the Owner to reject any Bids and to waive any defects or irregularity in any Bid received. In addition, the Bidder recognizes the right of the Owner to reject a Bid if:

(a) the Bid is in any way incomplete or irregular;

(b) the Bidder does not have satisfactory response for issues listed on the Responsibility Certification attached to the Bid or is not responsible as determined by the Owner;

(c) the Bidder’s performance as a DB Entity was unsatisfactory under a prior Contract with the Owner for the construction, repair, modification or demolition of a facility with the Owner, or under any other Contract, which was funded, directly or indirectly, by the Owner;

(d) there are reasonable grounds for believing that collusion or unlawful agreements exists between any Bidders, that a Bidder is interested in more than one Bid, or that the Bid is not genuine; or

(e) the Bid exceeds the funds available.

17. CONTRACT AND CONTRACT AWARD:

17.1 If the Owner elects to award the Contract, the Owner will make the award to the responsive and responsible best value bidder except as provided in Paragraph 17.3. Determination of the lowest three Bidders shall be on the basis of the sum of the Base Bid and any additive and deductive Alternates the Owner accepts, in the order in which they are listed only. The Owner will accept an Alternate only if all other previously listed Alternates are also accepted, unless acceptance by the Owner of Alternates in a different order does not affect determination of the lowest three bidders in any way.

17.2 The bids will be evaluated for best value based on price and qualitative components by comparing the qualitative components of the three lowest responsive and responsible Bidders. The comparison may also include other Bidders whose bids are within 10% of the lowest responsive and responsible Bidder.

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17.3 If a Qualified Disabled Veteran meets the requirements of the contract solicitation and with the veteran’s preference is the lowest Bidder, the Owner will award the contract to the Qualified Disabled Veteran bidder. A determination as to whether the requirements of the bid solicitation have been met will be based solely on the Owner’s evaluation of the Bid Summary, Bid Attachments, Bidder-provided documents, and interview.

17.4 For the purpose of evaluating and determining the low responsive bid, 10% of the lowest responsive bid (the bid that would otherwise receive the contract award if the preference were not being considered) will be deducted from all QDV bids. If the low responsive QDV bid, less the 10% preference, is less than the lowest responsive bid, then the QDV bid will be declared the official low responsive bid. The original QDV bid amount will be the basis of the contract award.

Example:

Lowest Responsive Bid $100,000 Lowest Responsive QDV Bid $109,000 Preference (10% of the Lowest Responsive Bid) $ 10,000 Lowest Responsive QDV Bid Less Preference $ 99,000 ($109,000 - $10,000)

Official Low Responsive Bid $109,000

17.5 Except as provided in paragraph 17.3, the Apparent Low Bidders will be evaluated for responsiveness and responsibility based on the following:

(a) Compliance with the bid specifications and requirements.

(b) The Bidder’s financial resources.

(c) The Bidder’s technical capabilities.

(d) The Bidder’s technical experience.

(e) The Bidder’s past performance.

(f) The Bidder’s insurance and bonding capacity.

(g) The Bidder’s business integrity.

Some qualitative components that may be evaluated are:

(a) Technical approach.

(b) Quality of proposed personnel.

(c) Management plans.

17.6 For contracts under $250,000, best value will primarily be based on the lowest responsive and responsible bid.

18. CONTRACT TIME; LIQUIDATED DAMAGES: The Project described in the Contract Documents shall be completed (in 120 calendar days from the date of) Notice-to-Proceed, except for Punch List items that do not interfere with the complete operation and use of all parts of the Contract Work. This Contract Time is of the essence and liquidated damages for each Calendar Day that expires after Substantial Completion of the entire Work shall be in the amount of $300.00 . Liquidated damages are not a penalty, are cumulative and represent a reasonable estimate of the Owner’s extra costs and damages, which are difficult to estimate with accuracy in advance

19. MOBILIZATION: The costs to establish temporary site offices, to obtain required permits for commencing the Work and for bonds and insurance premiums are examples of costs to the DB Entity that are covered by the mobilization pay item. This cost shall not exceed four percent (4%) of the Not-To-Exceed Bid, unless otherwise expressly provided in the Bidding Documents.

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

21. MICHIGAN PRODUCTS AND RECYCLED PRODUCTS: All DB Entities, Subcontractors, DB Entity Architect- Engineers, and Suppliers are encouraged to specify and/or provide Michigan-made products, whenever possible where price, quality, and performance are equal or superior to non-Michigan products. All DB Entities, Subcontractors, DB Entity Architect-Engineers and Suppliers are encouraged to specify and/or provide recycled products, green products, and/or environmentally-friendly products whenever possible where price, quality, and performance meet the Project requirements. The DB Entity will be required to use alternatives to landfills for waste disposal such as reuse or recycle of asphalt, bricks, concrete, masonry, plastics, paint, glass, carpet, metals, wood, drywall, insulation and any other waste materials to the extent practical.

22. SOIL EROSION AND SEDIMENTATION CONTROL: All Work under this Contract shall meet the storm water management requirements of the Project and comply with the applicable Soil Erosion and Sedimentation Control (SESC) rules and regulations and specific provisions for same. SESC measures will be monitored and enforced by DTMB-SFA, or another authorized enforcing agency if so delegated, through the review of the DB Entity’s implementation plans and site inspections. SFA or the other authorized enforcing agency will notify the DB Entity in writing of any violation(s) of the applicable SESC statutes and/or the corrective action(s) undertaken by the Owner and may issue stop work orders.

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DTMB-SFA has the right to assess a fine to the DB Entity for noncompliance with the SESC regulations applicable to this Work and fines shall be in addition to any other remediation costs or liquidated damages applicable to the Project and may exceed the value of the Contract.

END OF SECTION TWO

SECTION THREE – SUPPLEMENTARY INSTRUCTIONS

1. The provisions of this Section amend or supplement Section Two – Instructions to Bidders and those other provisions of the Bidding Requirements that are indicated below. All other Bidding Requirements that are not so amended or supplemented remain in full force and effect.

Not Applicable

END OF SECTION THREE

SECTION FOUR – INFORMATION FOR BIDDERS

1. PERMITS, APPROVALS, LICENSES AND FEES

1.1 If the Owner has secured or will secure any permits, approvals and licenses and has paid or will pay any associated charges and fees, any such permits, approvals and licenses are itemized in this paragraph: Click here to enter text.

1.2 If any permits, approvals and licenses itemized above have been obtained by the Owner and the fees have been paid, copies of those permits, approvals, licenses and corresponding fee receipts, are attached to this Invitation to Bid.

1.3 Except for any permits, approvals, licenses and fees identified above, the DB Entity shall be responsible for all permits, approvals, licenses and fees applicable to Work.

2. TAXES: The DB Entity must pay all Michigan sales and use taxes and any other similar taxes covering the Work that are currently imposed by legislative enactment and as administered by the Michigan Department of Treasury, Revenue Division. If the DB Entity is not required to pay or bear the burden or obtains a refund of any taxes deemed to have been included in the Bid and Contract Price, the Contract Price must be reduced by a like amount and that amount, whether as a refund or otherwise, must ensure solely to the benefit of the State of Michigan.

3. SEQUENCING REQUIREMENTS: Refer to the Bidding Documents for information, data and criteria on sequences of Work restraints, construction and maintenance of service to existing facilities, which, if provided, shall govern the selection of Work sequences. Each Bidder shall be responsible for any conclusions or interpretations the Bidder makes related to the selection of sequences and Means and Methods, based on the technical data made available, and/or those additional investigations or studies made or obtained by that Bidder.

4. SUBSURFACE CONDITIONS, UNDERGROUND UTILITIES, AND EXISTING PHYSICAL CONDITIONS: Information or data about subsurface conditions, Underground Utilities, buildings, systems, facilities, and other Project information is listed below and is available to the Bidders. The Owner does not warrant that this list identifies all existing relevant documents. The Owner does not warrant the accuracy or thoroughness of this information or data. The DB Entity is responsible for field verification and investigation.

END OF SECTION FOUR

SECTION FIVE – GENERAL PROVISIONS

1. INTERPRETATIONS: Any requests for clarifications or interpretations of the Bidding Documents shall be in writing to the Project Director, who will issue written clarifications or interpretations as appropriate. As the Project is designed and constructed, if the DB Entity believes that such clarification or interpretation justifies an adjustment to the Not-To- Exceed Contract Price/Time, the DB Entity shall promptly notify the Project Director in writing before proceeding with the Work Involved. If the DB Entity fails to notify the Project Director before proceeding with the Work Involved, any adjustment to the Contract Price is waived.

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2. STANDARDS: The Contract Documents to be prepared by the DB Entity will describe the entire Work. The provisions of the Contract Documents shall govern over any standard specifications, manual, or code of any technical society, organization or association but, if lower than the standards set by any Law applicable to the Work or the Project, the higher standards shall govern. The DB Entity’s responsibilities extend to cover subcontractors and suppliers if liable as a result of their actions or obligations.

3. CONTRACT TIME COMPUTATION: The time to complete the Work shall be made in Calendar Days and shall include both the first and last day. The first day is established by the Notice-to-Proceed.

4. TECHNICAL SPECIFICATIONS AND PRIORITY: The following applies whenever priority is called for in Contract Documents: specifications shall govern Drawings; figured dimensions shall govern scaled dimensions; detail drawings shall govern general drawings; Drawings shall govern Submittals.

5. INDEMNIFICATION: To the extent permitted by law, the DB Entity is required to defend, indemnify and hold harmless the Owner, its employees, agents, servants, and representatives from and against all claims, suits, demands, actions of whatever type and nature and all judgments, costs, losses and damages, whether direct, indirect or consequential including, but not limited to, attorneys and others and all court, hearing and any other dispute resolution costs arising from:

(a) any patent or copyright infringement by the DB Entity;

(b) any damage to the premises or adjacent lands, areas, properties, facilities, rights-of-way and easements, including loss of use to the business and property of others as a result of DB Entity ’s operations;

(c) any bodily injury, sickness, disease or death, or injury to or destruction of…