DCSpec_Rev_02-19 1400 N Henry, Bay City, MI.pdf

State of Michigan Department of Technology, Management and Budget

State Facilities Administration Design and Construction Division

DCSPEC

Bidding and Contract Document Minor Projects

File No. 761/18293.SAR

Funding Code 1398 Department/Agency Department of Environment, Great Lakes, and Energy

Project Name Henry Street, 1400, North, Bay City

Location 1400 North Henry Street, Bay City Bay County, Michigan 48706

July 10, 2019

Bidding and Contract Document (R 2/19) Project Name: Henry Street, 1400, North, Bay City File No. 761/18293.SAR

DTMB-0401D (R 02/19)

BID SUMMARY

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

STATE FACILITIES ADMINISTRATION

DESIGN AND CONSTRUCTION DIVISION

3111 W. St. Joseph Street Lansing, Michigan 48917

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

FILE NUMBER

761/18293.SAR

FUNDING CODE

DEPARTMENT/AGENCY

Remediation and Redevelopment Division

CONTRACT TIME(S)

60 Days from Notice to Proceed

PROJECT NAME

Henry Street, 1400, North, Bay City

LOCATION

1400 North Henry Street Bay City, Michigan 48706

BID OPENING DATE

Wednesday, August 14, 2019, at 2:00 pm Local Time

FOR AN EXAMINATION OF THE SITE CONTACT:

Sean Robinson, Senior Project Manager – Group Leader 989-928-2038, RobinsonS@AKTPeerless.com

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

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

CONSIDERATION OF THE BID PRICE (S) STATED BELOW.

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

□ Qualified Disabled Veteran

FEDERAL I.D. NUMBER (LAST 4 ONLY)

(protected information required for processing payments)

BIDDER'S SIGNATURE AND TITLE DATE

WITNESS' SIGNATURE DATE

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

BASE BID FROM BID SCHEDULE (Include specified Allowances):

____________________________________________________________________________Dollars $____________________ (use words) (in figures)

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

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

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

Builders Risk Insurance is NOT provided by the State of Michigan.

A PERFORMANCE BOND AND A PAYMENT BOND ARE REQUIRED FOR ALL BIDS OVER $50,000.00. EACH BID MUST BE

ACCOMPANIED BY A FIVE (5) PERCENT BID GUARANTEE.

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

Project Scope of Work:

o Contractor to Provided Site Services and Mobilization/Demobilization to/from 1400 North Henry Street, Bay City, MI, 48706 (Subject Property).

o Professional Services Contractor (PSC or Professional) to mark out the approximate excavation and associated equipment staging areas with the Contractor prior to the commencement of onsite activities.

https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService mailto:RobinsonS@AKTPeerless.com

Bidding and Contract Document (R 2/19) Project Name: Henry Street, 1400, North, Bay City File No. 761/18293.SAR o Furnish and install approximately 310 lineal feet of chain link fence panels at a minimum height of 6 feet to be placed around the excavation and associated equipment staging and load-out area for the duration of the project.

o Saw cut the excavation area, approximately 200 lineal feet of asphalt up to the onsite building and/or onsite flat work.

o Removal, transport and recycling of asphalt paving overlying the impacted soil. Asphalt is approximately 3-inches in thickness on average over the excavation area of approximately 2,640 square feet, plus the surrounding associated equipment staging and load-out area of up to approximately 2,868 square feet that may be damaged during remediation activities.

o Excavation, removal, and disposal of approximately 1,100 tons (quantity includes removal of 100 tons of base aggregate associated with the excavation area) of non-hazardous petroleum contaminated soil, at a Type II licensed landfill (Professional will obtain landfill disposal authorization on behalf of the successful Bidder).

o Contractor to backfill excavation with Clean Class II Sand and Compact in Lifts of 1 foot in thickness or less, to not less than 95% M.U.W., as well as Utilize a Vibratory Roller. Contractor to provide a third-party contractor/sub-contractor to perform two compaction tests for each 1 foot lift and provide written documentation throughout the backfilling of the excavation to 10-inches below existing surface grade. Cost for third party compaction testing is provided as an allowance and should not be considered in Contractor proposed cost estimate.

o Placement of and roller compaction of approximately 100 tons of MDOT 21 AA aggregate surfacing. The aggregate base will be 6-inches thick across the excavation area footprint.

o Replacement of approximately up to approximately 5,508 square feet of asphalt to match existing parking lot.

This includes the approximately 2,640 square feet of the excavation area and up to approximately 2,868 square feet of the associated equipment staging and load-out area that may potentially be damaged during the course of excavation activities.

▪ Thickness of Replacement Asphalt Estimated at 4-inches

▪ Match Current Onsite Conditions

▪ Repaint Parking Lot Stripes to Match Existing Parking Lot Striping o Contractor is responsible for protecting the public, onsite workers, the surrounding site features, structures, and underground utilities during the course of work.

o Contractor to conduct photographic survey/documentation of subject property conditions prior to excavation activities. Document excavation area and surrounding site features, such as but not limited to; sidewalks, approach(es), driveway(s), structure, roadways, utility components, etc.

o Contractor will provide applicable traffic control methods whereas applicable, such as but not limited to signage, flag persons, barrels, cones, etc.

o Contractor is responsible for securing the subject property, specifically, the excavation and related excavation associated equipment staging and load-out areas utilized during excavation activities with a chain-link panel system at a minimum height of 6 foot, and provide locked gate(s) during off shift hours.

o Contractor to maintain compliance with all necessary and applicable excavation regulations, whereas applicable.

o Provide, monitor, maintain excavation support and protection system whereas applicable.

o Contractor is responsible for soil erosion control, erosion, sedimentation control, and prevent stormwater pollution, whereas applicable.

o Contractor is responsible for maintaining dust/soil control of surrounding surfaces and will not track soils offsite.

o Contractor is responsible for any and all applicable permits.

o Contractor is responsible to contact MISS DIG.

o Additionally, Contractor responsible to coordinate subject property staking/coordination.

Bidding and Contract Document (R 2/19) Project Name: Henry Street, 1400, North, Bay City File No. 761/18293.SAR o Contractor to maintain satisfactory compliance with local, state, and/or federal regulations; cleanliness, safety, etc.

o The subject property is a known site of contamination; therefore, Contractor is responsible for proper handling and worker health and safety practices. Refer to the Environmental Disclosure included within Appendix VI.

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

Addenda: Bidder acknowledges receipt of Addenda: No. ___ dated: ________, No. ___ dated: ________ No. ___ dated: ________

FIRM NAME TELEPHONE NUMBER and E-MAIL ADDRESS

BID SCHEDULE

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

Base Bid Item No.

Bid Quantity

Description (Bidder to write price in Words)

Unit Price

Item Bid Price

1 Lump Sum Site Services, Mobilization and Demobilization

2 Lump Sum Installation and Removal of Temporary 6-Feet Tall chain link fencing

3 5,508 SF

Removal, Management of Materials, Transport, and

Recycling of Asphalt Surface

4 1,100 Tons Excavation, Management, Removal and Disposal of

Impacted Soils

5 1,000 Tons Backfill and Compaction, MDOT Class II Sand

6 100 Tons Backfill and Compaction, MDOT 21AA

7 5,508 SF Installation of Asphalt

8 Lump Sum Repaint Parking Lot Stripes

9 Allowance Third-Party Compaction Testing of Backfilled

Materials $4,500 $4,500

10 Allowance Provisional/Contingency Allowance $10,000 $10,000

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

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

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

Bidding and Contract Document (R 2/19) Project Name: Henry Street, 1400, North, Bay City File No. 761/18293.SAR

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

Alternate Item No.

Bid 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.

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

Item No.

Units or Quantity

Description

(Bidder to write price in Words)

Bidder’s Bid

Price

Price Proposed

By The Owner

Bidding and Contract Document (R 2/19) Project Name: Henry Street, 1400, North, Bay City File No. 761/18293.SAR

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

State Facilities Administration

Design & Construction Division

Qualified Disabled Veteran (QDV)

Business Representation

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

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

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

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

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

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

Certification of a Michigan Based Business

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

To qualify as a Michigan Based Business:

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

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

(check all that apply):

Filed a Michigan single business tax return showing a portion or all 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; or

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

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

Department of Treasury; or

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

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

Bidder shall also indicate one of the following:

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

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

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

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

Bidding and Contract Document (R 2/19) Project Name: Henry Street, 1400, North, Bay City File No. 761/18293.SAR

BID BOND

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

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

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

If the Bidder is an Individual:

Name of Individual: _________________________________________________________

Name & Title of Person Authorized to sign: ___________________________________________

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

Doing Business as: _________________________________________________________

Business Address: _________________________________________________________

County of registration _________________________

Telephone: _________________________ FAX: ______________________

If the Bidder is a Partnership:

By: _________________________________________________________ (True Name of the Partnership)

Partner Authorized to Sign Date

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

Business Address: _________________________________________________________

County of registration _________________________

Telephone: _________________________ FAX _______________________

If the Bidder is a Corporation:

By: _________________________________________________________ (Legal Corporation Name)

Name & Title of Authorized Officer: __________________________________________________

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

Name & Title of Officer Attesting: __________________________________________________

Signature: _________________________________________________________ Date

Business Address: _________________________________________________________

Telephone: _________________________ FAX _______________________

(State of Incorporation): _________________________________________________________

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

REGISTRATION ___________________

Bidding and Contract Document (R 2/19) Project Name: Henry Street, 1400, North, Bay City File No. 761/18293.SAR

POST-BID SUBMITTALS

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

BIDDER’S EXPERIENCE MODIFICATION RATING (EMR) ____________

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

PROPOSED PROJECT SUPERINTENDENT _______________________________

Attach brief resume or list of similar successful projects.

LIST OF SIMILAR PROJECTS COMPLETED BY THE BIDDER

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

REFERENCE #___

Owner: _____________________________________________________________________________________

Project/Contract Name: ________________________________________________________________________

Location of Project/Contract: ____________________________________________________________________

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

Owner's Representative (Name and Telephone): _____________________________________________________

Scope of Project/Contract: ______________________________________________________________________

REFERENCE #___

Owner: _____________________________________________________________________________________

Project/Contract Name: ________________________________________________________________________

Location of Project/Contract: ____________________________________________________________________

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

Owner's Representative (Name and Telephone): _____________________________________________________

Scope of Project/Contract: ______________________________________________________________________

REFERENCE #___

Owner: _____________________________________________________________________________________

Project/Contract Name: ________________________________________________________________________

Location of Project/Contract: ____________________________________________________________________

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

Owner's Representative (Name and Telephone): _____________________________________________________

Scope of Project/Contract: ______________________________________________________________________

Bidding and Contract Document (R 2/19) Project Name: Henry Street, 1400, North, Bay City File No. 761/18293.SAR

POST BID SUBMITTALS: LIST OF SUBCONTRACTORS

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

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

1.________________________ _________________________ __________________ ______________

2.________________________ _________________________ __________________ ______________

3.________________________ _________________________ __________________ ______________

4.________________________ _________________________ __________________ ______________

5.________________________ _________________________ __________________ ______________

6.________________________ _________________________ __________________ ______________

7.________________________ _________________________ __________________ ______________

8.________________________ _________________________ __________________ ______________

9.________________________ _________________________ __________________ ______________

10._______________________ _________________________ __________________ ______________

11._______________________ _________________________ __________________ ______________

12._______________________ _________________________ __________________ ______________

13._______________________ _________________________ __________________ ______________

14._______________________ _________________________ __________________ ______________

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

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

Bidding and Contract Document (R 2/19) Project Name: Henry Street, 1400, North, Bay City File No. 761/18293.SAR

PERFORMANCE BOND

SURETY COMPANY REFERENCE No. __________________________________

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

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

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

OBLIGATION IS VOID, OTHERWISE TO REMAIN IN FULL

FORCE AND EFFECT.

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

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

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

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

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

Name, Address and Telephone of the Surety:

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

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

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

WITNESS ______________________________ Name & Title: __________________________________________________

Telephone No. _________________________________________________

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

WITNESS ______________________________ Attorney-in-Fact: ________________________________________________

Telephone No. _______________________________________________

Bidding and Contract Document (R 2/19) Project Name: Henry Street, 1400, North, Bay City File No. 761/18293.SAR

PAYMENT BOND

SURETY COMPANY REFERENCE No.___________________________________

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

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

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

OBLIGATION IS VOID, OTHERWISE TO REMAIN IN FULL

FORCE AND EFFECT.

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

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

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

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

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

Name, Address and Telephone of the Surety:

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

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

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

WITNESS ______________________________ Name & Title: __________________________________________________

Telephone No. _________________________________________________

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

WITNESS ______________________________ Attorney-in-Fact: ________________________________________________

Telephone No. ____________________________________________________

Bidding and Contract Document (R 2/19) Project Name: Henry Street, 1400, North, Bay City File No. 761/18293.SAR

TABLE OF CONTENTS

CONTRACT FORMS

BID SUMMARY FORM

BID SCHEDULE

QUALIFIED DISABLED VETERAN (QDV) BUSINESS REPRESENTATION

CERTIFICATION OF A MICHIGAN BASED BUSINESS

BID BOND

POST-BID SUBMITTALS

PERFORMANCE BOND

PAYMENT BOND

TABLE OF CONTENTS

DIVISION 00 BIDDING REQUIREMENTS AND CONTRACT CONDITIONS

SECTION TITLE PAGES THRU

00010 PRE-BID INFORMATION 00-1 TO 00-2

00100 INSTRUCTIONS TO BIDDERS 00-3 TO 00-7

00120 SUPPLEMENTARY INSTRUCTIONS 00-7

00200 INFORMATION TO BIDDERS 00-8 TO 00-9

00700 GENERAL CONDITIONS 00-9 TO 00-20

00750 SPECIAL WORKING CONDITIONS 00-20

00800 SUPPLEMENTARY CONDITIONS 00-20

00850 FEDERALLY FUNDED WAGE DETERMINATION SCHEDULE 00-21

00900 ADDENDA 00-21

DIVISION 01 - GENERAL REQUIREMENTS

01010 SUMMARY OF WORK 01-1 TO 01-3

01020 ALLOWANCES 01-3

01025 MEASUREMENT AND PAYMENT 01-3 TO 01-4

01030 ALTERNATES 01-4 TO 01-5

01040 COORDINATION 01-5

01050 FIELD ENGINEERING 01-5

01060 REGULATORY REQUIREMENTS 01-5 TO 01-7

01090 REFERENCES 01-7

01100 PROJECT PROCEDURES 01-7 TO 01-8

01200 PROJECT MEETINGS 01-8

01300 SUBMITTALS 01-9 TO 01-12

01400 QUALITY CONTROL 01-12

01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01-12 TO 01-13

01600 MATERIAL AND EQUIPMENT 01-13

01650 FACILITY START-UP 01-13

01700 CONTRACT CLOSE-OUT 01-13 TO 01-14

01800 MAINTENANCE 01-14

DIVISION 02 – EXISTING CONDITIONS

022100 SURVEYS 02-1

022423 ALLOWANCES 02-1

026100 REMOVAL AND DISPOSAL OF CONTAMINATED SOILS 02-2 TO 02-6

DIVISION 31 – EARTHWORK

311100 CLEARING AND GRUBBING 31-1 TO 31-2

312300 EXCAVATION AND FILL 31-2 TO 31-6

312500 EROISION AND SEDIMENT CONTROLS, RESTORATION 31-6 TO 31-8

Bidding and Contract Document (R 2/19) Project Name: Henry Street, 1400, North, Bay City File No. 761/18293.SAR

APPENDIX I – GLOSSARY APP-1 TO APP-5

APPENDIX II – SPECIAL WORKING CONDITIONS APP-6 TO APP-8

APPENDIX III – SPECIAL PROJECT PROCEDURES APP-9 TO APP-11

DRAWINGS - BOUND HEREIN

TITLE PAGE NOS.

BEA Report, dated September 21, 2018, Figures 1-4 o Topographic Location Map (Figure 1) DWG-1 o Sample Location Map (Figure 2) DWG-2 o Site Map with Soil Results Exceeding MDEQ RCC (Figure 3) DWG-3 o Site Map with Groundwater Results Exceeding MDEQ RCC (Figure 4) DWG-4

DTMB Specification Figures 1-3 o Proposed Excavation Aerial Map (Figure 1) DWG-5 o General Demolition/Approximate Utility Locations (Figure 2) DWG-6 o Excavation Plan (Figure 3) DWG-7

BEA Report, dated September 21, 2018, Tables o Summary of Soil Analytical Results DWG-8 TO DWG-13 o Summary of Groundwater Analytical Results DWG-14 TO DWG-16

BEA Report, dated September 21, 2018, Boring Logs o AKT Boring Logs, Dated August 2018 DWG-17 TO DWG-29 o EGLE Boring Logs, Dated August 2018 DWG-30 TO DWG-42

Bidding and Contract Document (R 2/19) Project Name: Henry Street, 1400, North, Bay City File No. 761/18293.SAR

DIVISION 00

BIDDING REQUIREMENTS AND CONTRACT CONDITIONS

Bidding and Contract Document (2/19) Project Name: Henry Street, 1400, North, Bay City File No. 761/18293.SAR

00-1

SECTION 00010 PRE-BID INFORMATION

1. Invitation to Bid (ITB) − Your firm is invited to submit a Bid. The State of Michigan as the Owner will receive bids electronically through the SIGMA VSS website at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService, for the 1400 North Henry Street, Bay City, Bay County, Michigan site remediation project until 2:00 p.m., local time, on Wednesday August 14, 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. Contractor may agree to extend the Bid hold period. However, any such extension must be based upon no increase in the Bid Price and/or Contract Time.

2. Work Description − The Work, Henry Street, 1400, North, Bay City, Agency No. 761, Funding Code. 1398, DTMB File No.

761/18293 includes, but is not necessarily limited to:

• Installation of approximately 6-feet tall temporary chain-link fencing to secure excavation and associated work area(s), w/applicable signage.

• Appropriately secure and manage excavation area in compliance with applicable State and Federal Regulations.

• Excavation, removal, and appropriate disposal of asphalt/parking surface, as well as associated base aggregate, and impacted soils.

o Up to Approximately 5,508 SF of Asphalt/parking surface materials, 100 tons of base aggregate associated with the excavation area, and approximately 1,000 tons of impacted soils to be excavated, managed, removed, and disposed of appropriately in compliance with State and Federal Regulations.

• Placement and installation of approximately 1,000 tons of imported certified clean MDOT Class II Sand and third-party compaction.

o Depth of Excavation Approximated at depth of 8-feet below ground surface (BGS) o Compaction testing to be completed by Contractor provided Third-Party Material Testing Contractor

• Placement and installation of approximately 100 tons of Asphalt 21AA Base in the excavation area.

o Thickness of Replacement Asphalt 21AA Base Estimated at 6” BGS

▪ Match Current Grade and Slope Conditions o To be compacted and field verified by Contractor provided Third-Party Material Testing Contractor o Meet existing site conditions; i.e. grade and slope

• Placement and installation of up to approximately 5,508 SF of replacement Asphalt.

o Thickness of Replacement Asphalt Estimated at 4-inches

▪ Match Current Onsite Conditions o To be density gauged and verified by Contractor provided Third-Party Contractor o To be installed and warrantied by Contractor and/or certified Sub-Contractor provided by the Contractor

• Restripe parking lot in excavation area to match the existing pattern

The site is located 1400 North Henry Street, Bay City, Michigan, 48706, as shown on the Drawings.

3. Bidding Documents − Sets of Bidding Documents may be obtained at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService or from the Professional, located at AKT Peerless Environmental, 214 Janes Avenue, Saginaw, Michigan, 48607 (989-754-9896).

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

State Facilities Administration Design & Construction Division

3111 W. St. Joseph Street

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

5. Pre-Bid Conference − A mandatory pre-bid conference will be held at 1400 North Henry Street in Bay City, MI, 48706, on Friday, July 26, 2019 at 10:00 am Local Time. A tour will be held on the same day, starting at 2:00 pm local time. All prospective Bidders are required to attend the tour. Other parties interested in the Work are encouraged to attend the tour. Addenda may be issued, in response to issues raised at the pre-bid conference and tour, or as the Owner and/or Professional may otherwise consider necessary.

The purpose of the pre-bid conference and inspection is to answer questions and provide an inspection tour of the Project site at the scheduled time on the day of the meeting. A representative will be available to assist the Contractors. Other inspection visits may be allowed if needed. Individuals needing special services to fully participate in the meeting due to a disability may contact Sean Robinson directly at 989-928-2038.

http://www.buy4michigan.com/

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

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

8. Contact Person − All requests or inquiries concerning the Bidding Documents or the Work must be addressed to AKT Peerless Environmental, ATTN: Sean Robinson, via email at RobinsonS@AKTPeerless.com. Questions will be accepted until Friday July 31, 2019 at 2:00 pm Local Time.

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

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

END OF SECTION 00010

mailto:RobinsonS@AKTPeerless.com

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SECTION 00100 INSTRUCTIONS TO BIDDERS

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

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

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

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

Bids SUBMIT THESE Bid Forms and Bid Form Attachments

All Bids □ Signed and completed Bid Summary Form (DTMB-0401D);

□ Bid Schedule;

□ Qualified Disabled Veteran (QDV) Business Representation;

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

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

State Facilities Administration Design & Construction Division

3111 W. St. Joseph Street

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

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

□ Other Forms; (Contractor Disclosure Form-Appendix II).

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;

Over $250K □ Forms listed under All Bids;

□ Certification of a Michigan Based Business;

Apparent Low Bidders ONLY (upon request from the Professional)

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

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

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

□ A list of nominated sub-contractors, including proposed self-performed categories, for each

Division/Trade/etc.

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

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

Bidding and Contract Document (2/19) Project Name: Henry Street, 1400, North, Bay City File No. 761/18293.SAR

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

5. CERTIFICATE OF AWARDABILITY: Not required.

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

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

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

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

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

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

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

Failure to provide the submittals may disqualify the Bid.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(f) any mobilization pay item exceeding the maximum specified must be ignored and the Bid must…