DWS-971 - Book 1 FINAL.pdf

REQUEST FOR BIDS

AS NEEDED CATCH BASIN INSPECTION, REPAIR

AND REPLACMENTS

RFB # 534107/Project # DWS-971

ADVERTISEMENT DATE May 1, 2025 via the Michigan Intergovernmental Trade Network (MITN) www.mitn.info.

PRE-BID CONFERENCE

Not Mandatory (Recommended)

May 8, 2025, at 2:00 PM Eastern Time

Join the meeting now Meeting ID: 254 472 090 615 Passcode: 7kp3Cz3x

Dial in by phone +1 469-998-6602,,828083932# United States, Dallas Find a local number Phone conference ID: 828 083 932#

QUESTION DEADLINE May 15, 2025, at 4:00 PM Eastern Time Questions must be submitted via www.mitn.info OR emailed to dwsd-contracts@detroitmi.gov & reference DWS-971 in the subject line.

ADDENDA WITH ANSWERS TO

QUESTIONS POSTED NO LATER

THAN

May 22, 2025 Date DWSD responses to submitted questions will be posted in an addendum on MITN

BID DUE DATE June 5, 2025, at 2:00 PM Eastern Time Bids must be submitted via the MITN website via www.mitn.info

Late bid will not be accepted

The as-read totals (unofficial bid tab) will be posted on MITN within two business days http://www.mitn.info/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjU3NzYwZDEtYjU1MS00NmIzLWEyZGUtYmFjYjFkZjM2NmU3%40thread.v2/0?context=%7b%22Tid%22%3a%22e154a760-1d2d-4ef6-8fd3-ebc8b4ef31fd%22%2c%22Oid%22%3a%228fab960c-b9b5-4d5c-aa65-8ad2e804c44c%22%7d tel:+14699986602,,828083932 https://dialin.teams.microsoft.com/d8d2f7a3-2364-4c9b-ab3d-7f613057a66c?id=828083932 http://www.mitn.info/ mailto:dwsd-contracts@detroitmi.gov mailto:dwsd-contracts@detroitmi.gov

CITY OF DETROIT

Mike Duggan, Mayor

REQUEST FOR BIDS NO. 534107

PROJECT NO. DWS-971

BIDDING DOCUMENTS

FOR

CATCH BASINS INSPECTION, REPAIR AND REPLACMENT

AS NEEDED IN THE CITY OF DETROIT

BOOK 1 of 2

BOARD OF WATER COMMISSIONERS

Michael Einheuser, Chairperson

Mary E. Blackmon, Vice Chairperson Lane Coleman

John Henry Davis Linda Forte

Jane C. Garcia Jonathan Kinloch

Gary Brown – Director

Mohamad Farhat, P.E. – Director of Engineering & Construction Samuel Smalley, P.E. – Deputy Director Ericka Meah - Chief Operating Officer

Istakur Rahman – Chief Financial Officer

April 2025

TABLE OF CONTENTS

PAGE

SECTION C-111 – ADVERTISEMENT FOR BIDS

SECTION C-200 – INSTRUCTIONS TO BIDDERS

Article 1— Defined Terms Article 2— Bidding Documents Article 3— Qualifications of Bidders Article 4— Pre-Bid Conference Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site Article 6— Bidder’s Representations and Certifications Article 7— Interpretations and Addenda Article 8— Bid Security Article 9— Contract Times Article 10— Substitute and “Or Equal” Items Article 11— Subcontractors, Suppliers, and Others Article 12— Preparation of Bid Article 13— Basis of Bid Article 14— Submittal of Bid Article 15— Modification and Withdrawal of Bid Article 16— Opening of Bids Article 17— Bids to Remain Subject to Acceptance Article 18— Evaluation of Bids and Award of Contract Article 19— Bonds and Insurance Article 20— Signing of Agreement Article 21— Bid Protest Article 22— Equalization Allowance Article 23— Approved Clearance Requirements and Instructions Article 24 – Permits

SECTION C-410 – BID FORM

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

SECTION C-430 – BID BOND

SECTION C-451 – QUALIFICATIONS STATEMENT

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

SECTION C-520 - AGREEMENT

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

SECTION C-610 – PERFORMANCE BOND

SECTION C-612 – WARRANTY BOND

SECTION C-615 – PAYMENT BOND

SECTION C-700 – STANDARD GENERAL CONDITIONS

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

SECTION C-800 – SUPPLEMENTARY CONDITIONS

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

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

APPENDICES

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

Appendix B— Non-Collusion Affidavit Appendix C— Approved Clearance Instructions Appendix D— Covenant of Equal Opportunity Application for Clearance Appendix E— Executive Order 2021-02 Appendix F— Checklist for Minimum Qualifications Appendix G— Jurisdictional Standard Specifications and Details Appendix H— Brick and Concrete Collar Details

ADDITIONAL BOOKS

Book 2 of 2— Technical Specifications Bid Schedule / Price Page included as a separate Excel Document

ADVERTISEMENT FOR BIDS FOR CONSTRUCTION CONTRACT

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

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

General Notice

ADVERTISEMENT FOR BIDS

CITY OF DETROIT

WATER AND SEWERAGE DEPARTMENT

DETROIT, MICHIGAN

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

CATCH BASIN REPAIR/ REPLACEMENT AS NEEDED IN THE CITY OF DETROIT

REQUEST FOR BIDS NO. DWS-971

Bids for the construction of the Project will be received electronically, on the Michigan Inter- Governmental Trade Network (MITN) website at www.mitn.info, until June 5, 2025, at 2:00 PM Eastern Standard Time. At that time the Bids received will be publicly opened and posted to MITN.

The Work is at the direction of the DWSD on an as-needed basis and will be throughout the city of Detroit. All labor, equipment, and material for the entire work shall be furnished by the Contractor unless otherwise listed in the measurement and payments. The bidder hereby agrees to perform all work assigned by the Engineer no matter where located, at the Unit Prices established in the Bid Schedule.

The Bidder agrees that the unit prices shall remain unchanged for the duration of the Contract and will not be increased for escalation and regardless of the quantities used, whether the quantity of a particular item increases or decreases or if the item is not used at all.

The Contract Value of the Work as directed by DWSD on an as-needed basis will be issued as not to exceed $3.5 million per Contract year.

The Bidder is expected to provide sufficient staff and crews to complete all as-needed tasks on a timely basis as assigned by DWSD at the unit prices established in the bidding documents.

The Project may include the following Work as issued by DWSD on an as-needed basis:

A. Sewer inspection by means of closed-circuit television (CCTV) and/or multi sensor platforms.

B. Cleaning and rehabilitation of circular and non-circular storm and sanitary sewers up to 72-inch in size.

C. Conducting Laser and Sonar sewer inspection and submitting for DWSD’s review the accompanying PACP reports and profiles of the multi sensor sewer inspection. The Contractor shall also provide DWSD any/all software required to read and manipulate the multi sensor reports and data submitted with the reports.

D. When directed, perform review of video inspection and recommend repair methods including design calculations and backup for the repair method chosen. This task will only be performed when requested and will not occur for all sewer inspection.

E. Repairing sewer cave-ins and point repairs of circular and non-circular storm and sanitary sewers by open-cut method of excavating the damaged portion of the pipeline and replacing it with a new pipe.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, F. Providing earth retention shafts and insertion and access pits, as needed, for manned or unmanned access to the sewer or point repairs.

G. Providing manhole inspection, cleaning, repairs, and replacements including structure repair, grouting, lining, and restoration work.

H. Performing dye testing of sewer laterals, sewer structures, and cave-ins to determine connectivity and infiltration.

I. Performing site cleanup and restoration including surface restoration of pavement, curbs, sidewalks, driveways, and lawn restoration.

J. Additional work as defined in the bid schedule and measurement and payment descriptions.

The Project has an expected duration of 1,095 calendar days.

Obtaining the Bidding Documents

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

www.mitn.info

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

Standard Specifications and Details

The standard specifications and detail links are included in Appendix G. It is the responsibility of the Bidder and Contractor awarded the Work to review and use the latest versions of all jurisdictional authority standard specifications and details for bidding purposes and in order to perform the Work.

Pre-bid Conference

A non-mandatory pre-bid conference for the Project will be held virtually on May 8, 2025, at 2 p.m. Eastern Standard time via Microsoft Teams. See the Events Schedule Page at the beginning of the RFB for the link and call-in information for this meeting.

Instructions to Bidders

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

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

No. Item Guidelines/Instructions Form

Receipt of Addenda

C-410, Article 5 C-410, Article 5, § 5.03

2 Bid Schedule C-200, Article 12, 13 Attached

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, C-410, Article 3, § 3.01

3 Evidence of Authority to Sign the Bid C-410, Article 6 C-410, p. 5 of 5 4 Bid Security (i.e., Bid Bond [Penal Sum Form]) C-200, Article 8 C-430 5 Qualifications Statement C-200, Article 3 C-451 6 Qualifications Statement for JV Partner (if applicable) C-451, Article 6 C-451 7 Certification of Business’s Safety Performance C-451, Article 6 Not Applicable 8 Construction Experience Attachment (if applicable) C-451, Article 5, § 5.01e Not Applicable 9 Schedule A, Previous Experience with Similar Projects C-451, Article 5, § 5.02 C-451, Schedule A

10 Schedule B, Key Individuals C-451, Article 5, § 5.03 C-451, Schedule B 11 Qualifications Statement Certification Not Applicable C-451, p. 5 12 Equalization Eligibility Forms (if applicable) C-200, Article 22 Appendix A 13 Detroit Based Business Questionnaire (if applicable) C-200, Article 22 Appendix A 14 Non-Collusion Affidavit C-200, Article 6, § 6.01 Appendix B 15 Approved Clearances C-200, Article 23 Appendix C 16 Covenant of Equal Opportunity Not Applicable Appendix D 17 Checklist for Minimum Qualifications Not Applicable Appendix F

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

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

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

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

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

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

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

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

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

ARTICLE 1—DEFINED TERMS

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents

(together, the Bidding Documents). See the Agreement for a List of the Contract Documents. It is

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

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

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

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

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

2.04 Electronic Documents

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

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

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

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

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidder must submit the following information with its Bid to demonstrate the qualifications of the

Bidder or a subcontractor to perform the Work. Failure to submit the required qualifications in their entirety may be subject to disqualification:

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

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

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

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

3.03 Minimum Qualifications:

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

B. Bidder has five (5) years of experience in the field of sewer pipeline inspection by means of Closed-Circuit Television (CCTV) to National Association of Sewer Service Company (NASSCO) Pipeline Assessment Certification Program (PACP) standards.

C. Within the past three (3) consecutive years prior to the bid, the Bidder has successfully completed over 30,000 feet of CCTV inspections on sewers up to 72 inches in diameter for condition assessment purposes.

D. Bidder has five (5) years of experience in the field of non-man-entry manhole inspection using side scanning imagery and point cloud collection equipment to National Association of Sewer Service Company (NASSCO) Manhole Assessment Certification Program (MACP) Level 2 standards.

E. Within the past three (3) consecutive years prior to the bid, the Bidder has successfully completed over 1,000 panoramic manhole inspections for condition assessment purposes.

F. Bidder has five (5) years of experience in the field of sewer cleaning by means of high velocity water Jetters.

G. Within the past three (3) consecutive years prior to the bid, the Bidder has successfully completed over 30,000 feet of sewer cleaning on sewers up to 72 inch in diameter for condition assessment purposes.

H. Sewer CCTV Inspection supervisors and inspectors have five (5) years of experience in internal CCTV, LASER, and SONAR inspection of sewers and certified by the NASSCO Pipeline Assessment and Certification Program (PACP).

I. Manhole Panoramic Inspection supervisors and inspectors have five (5) years of experience in the internal inspection of manholes and certified by the NASSCO MACP.

J. Bidder has five (5) years of experience in the field of manhole and sewer pipeline installation and repairs.

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

1. A four (4) year undergraduate degree in a safety-based curriculum plus at least two

(2) years of relevant construction experience.

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

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

4. Safety supervisor who has completed the OSHA 500 Basic Instructor Course in Occupational Safety and Health Standards for the Construction Industry and has

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

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

performed safety responsibilities for at least five (5) years in the relevant construction industry.

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

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

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

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

Q. Project Manager, Project Superintendent, and Quality Control Manager have a minimum of five

(5) years’ experience in their respective roles. – Section C-451 Schedule B.

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

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

Quality Control Manager.

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

ARTICLE 4—PRE-BID CONFERENCE

4.01 A mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner will be present to discuss the Project. Proposals will not be accepted from Bidders who do not attend the conference. It is each Bidder’s responsibility to sign in at the pre-bid conference to verify its participation. Bidders must sign in using the name of the organization that will be submitting a Bid. A list of qualified Bidders that attended the pre-bid conference and are eligible to submit a Bid for this Project will be issued in an Addendum.

4.02 Information presented at the pre-bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

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

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

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

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

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

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

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

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

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

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

d. Technical Data contained in such reports and drawings.

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

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

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

B. Underground Facilities: Underground Facilities, also called Utilities, pursuant to Paragraph

5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Other Site-related Documents

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

1. Not Applicable

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

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

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

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

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

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

5.04 Site Visit and Testing by Bidders

A. As this Contract will be in various locations as needed throughout the City of Detroit, a Site visit by potential Bidders will not take place.

5.05 Owner’s Safety Program

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

5.06 Other Work at the Site

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

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid. Bidder reiterates and makes each of the representations made in the Non-Collusion Affidavit, Appendix B, executed by the Bidder and included with the Bid.

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

ARTICLE 7—INTERPRETATIONS AND ADDENDA

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

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

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

mailto:dwsd-contracts@detroitmi.gov

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

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

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

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

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to the Detroit Board of Water

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

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within fifteen (15) days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited to the Owner as liquidated damages, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

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

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

ARTICLE 9—CONTRACT TIMES

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

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

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract

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

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

award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

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

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

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

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

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

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

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

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Schedule is included with the Bidding Documents.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 13—BASIS OF BID

13.01 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder.

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

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

The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

D. Contractor shall not be entitled to an adjustment in the unit price with respect to an item of unit price Work due to the Work under this Contract being performed on an as-needed basis at the direction of the Owner. Unit prices established in the bid will be used without escalation for the life of the Contract and shall be bid upon accordingly.

E. The Contract Value of the Work as directed by DWSD on an as-needed basis will be issued as not to exceed $5 million per Contract year.

13.02 Allowances

A. For cash allowances the Bid price must include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

ARTICLE 14—SUBMITTAL OF BID

14.01 The Bidding Documents include a copy of the Bid Form and, if required, the Bid Bond Form. The

Bid Form and Bid Form Attachments must be completed and submitted with a copy of the Bid Bond online on the Michigan Inter-Governmental Trade Network (MITN) website at www.mitn.info and the other documents required to be submitted under the terms of Article 2 of the Bid Form.

14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid. In the event the Bidder is unable to obtain a Bid Bond, a Bid Security must be hand delivered on the bid opening date to the attention of DWSD Procurement Division, 735 Randolph, Room 1004, Water Board Building, Detroit, Michigan 48226.

14.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 A bid may be withdrawn or revised via the MITN website at any point prior to the bid deadline date and time.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids via the MITN website.

15.03 If within two (2) business days after Bids are opened any Bidder files a signed written notice with the DWSD, Procurement Division, 735 Randolph, Room 1004, Detroit, Michigan 48226 and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, This document is a MODIFIED version of EJCDC® C 200, Instructions to Bidders for Construction Contract.

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

and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders on MITN within 48 business hours after the opening of Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will…