ENG_24-14_WTP_SANITARY_SEWER_REPLACEMENT_-_RFB.pdf

CITY OF JACKSON

ENG 24-14 WATER TREATMENT PLANT

SANITARY SEWER REPLACEMENT

Bid Responses Due: TUESDAY, NOVEMBER 26, 2024 By 10:00:00 AM

CONTENTS

INVITATION FOR BIDS

INSTRUCTIONS TO BIDDERS (IB)

PROPOSAL FORMS (P)

AGREEMENT (A)

GENERAL CONDITIONS (G)

DETAILED SPECIFICATIONS

CITY OF JACKSON, MICHIGAN

161 W. Michigan Avenue Jackson, Michigan 49201

October 22, 2024

INVITATION TO BID

The City of Jackson Purchasing Coordinator, Kari Kerstetter, will receive sealed bids for the ENG 24-14 WATER TREATMENT PLANT SANITARY SEWER REPLACEMENT project via the City’s e-Procurement Portal, https://procurement.opengov.com/portal/cityofjackson

The work includes the following partial listing of items with approximate quantities:

330 feet of sanitary sewer replacement within the grounds of the City of Jackson Water Treatment Plant in the City of Jackson, Jackson County, Michigan. Major bid items include: Dewatering, Aggregate Base, 8 inch, 21AA, Modified - 970 syd, HMA, 13A - 320 ton, Sanitary Sewer PS115 PVC, 18 inch - 330 feet, Sanitary Manhole, 48 inch dia - 3 each.

Bidders will be required to meet the City of Jackson's prequalification requirements prior to bid opening. Bidders must be prequalified for SEWER SHALLOW (G).

The City of Jackson does not discriminate on the basis of race, religion or national origin, color, age, sex, height, weight, marital status, and physical or mental handicap as to:

access, availability, employment, or participation in any of its programs and activities.

City of Jackson By Heather Ehnis, Purchasing Agent https://procurement.opengov.com/portal/cityofjackson

P 1 of 32

INSTRUCTIONS TO BIDDERS

1. PROJECT: The work includes the following partial listing of items with approximate quantities:

330 feet of sanitary sewer replacement within the grounds of the City of Jackson Water Treatment Plant in the City of Jackson, Jackson County, Michigan. Major bid items include: Dewatering, Aggregate Base, 8 inch, 21AA, Modified - 970 syd, HMA, 13A - 320 ton, Sanitary Sewer PS115 PVC, 18 inch - 330 feet, Sanitary Manhole, 48 inch dia - 3 each.

The scope of this work shall include all labor, equipment and materials necessary to complete this project according to the specifications listed in the contract documents. All labor, equipment and materials necessary for completion of the work, but not specifically listed as a pay item, will be deemed to be included in one or more of the pay items listed in the bid sheet.

2. PROPOSALS:

a. Proposals are to be submitted to “Submit Electronic Responses” via the City’s e-Procurement Portal,

b. Proposals, affidavits, certificates and all appendices must be fully and properly filled out and executed.

c. Proposals must be bid on a unit price basis as applied to the estimated quantities. Where errors of extension of totals are made, the unit price bid multiplied by the estimated quantity shall govern. The preliminary estimates of quantities indicated, although given with as much accuracy as possible, are to be regarded as approximately only, and are given for the general guidance of the bidders and as a basis upon which the different proposal may be compared. The City reserves the right to increase or diminish any or all of these quantities within reasonable limits and the Contractor will be paid for the actual work completed and accepted by the City at the prices stated in his Proposal.

Upon the discovery of an obvious error in a bid document that could result in a change in the amount of a bid, the staff of the Purchasing Department shall contact the bidder in writing and advise the bidder that it has seven working days from the date of the letter to correct the error. This correction shall be in writing directed to the Purchasing Agent and shall be postmarked no later than seven working days from the date of the letter referred to in the first sentence of this paragraph.

If no correction is received in a timely fashion, then the Purchasing Agent shall reject the bid. If a correction is received and the Purchasing Department deems the same to be appropriate and proper in every way, P 2 of 32 the Purchasing staff shall attach same to the original bid document and shall then proceed to tabulate the bids as corrected.

d. Proposals may be withdrawn up to the time for opening bids announced in the Invitation for Bids. Proposals shall remain in effect for 90 days after opening.

e. Each bidder shall be held to have examined the site of the proposed work and adjacent areas in order to arrive at a clear understanding of the conditions under which the work is to be done. He shall be held responsible to have compared the site with the drawings and specifications and to have satisfied himself to the conditions of the site, existing obstructions, the actual elevations, and any other conditions affecting the carrying out of his work. No allowance or extra consideration on behalf of the Contractor shall be allowed by reason of error, negligence, oversight, or carelessness on the part of the Contractor.

f. The City may request to any bidder, evidence of experience performing the work being bid and may require information on financial status and equipment available for the project.

g. Each bidder shall indicate on page P18 of the Proposal Forms the name, address, and a complete description of work to be performed by each subcontractor on this project. All subcontractors must be approved by the City and must meet the same requirements of the successful bidder.

h. On contracts that have two or more divisions, proposals that offer a percentage deduction if a single bidder is awarded more than one division will be considered provided that the deduction is clearly identified in the proposal.

3. BID SECURITY: All Proposals must be accompanied by a certified check made payable to the order of the City of Jackson in the amount of 5% of the aggregate bid total. Bid bonds with authorized surety companies as sureties and of like amount may be substituted for certified checks at the option of the bidder. Such bid bonds must be run to the City of Jackson, Michigan.

All proposals submitted without bid security will be returned to the bidder unread.

The bid deposit of all except the three (3) lowest bidders will be returned within (3) days after the opening of bids. The bid deposit of the three lowest bidders will be returned within forty-eight (48) hours after Contract and required bonds have been finally approved by the City.

4. EQUAL EMPLOYMENT OPPORTUNITY: All bidders shall complete the Equal

Employment Opportunity Certification, Certification of Nonsegregated Facilities, and Non-Collusion Affidavit, found in Section P of the Proposal Forms.

P 3 of 32

5. AWARD:

A. If the contract is over $50,000, then the City Council will be advised of the bids received and receive staff recommendations on award. Award of contract, if any, will be made to the single lowest responsible bidder for the entire scope of the project. Provided however, the City Council has the authority to reject any and all bids, and to accept or recommend the acceptance of other than the lowest responsive bid when the public interest is served thereby, and such action is in the best interest of the City.

B. The City Council reserves the right to reject any and all bids and to waive minor irregularities and/or technicalities in the bids.

6. CONTRACT:

A. If the awarded contract is $50,000 or greater, the following bond requirements will apply:

Contractor shall, within ten (10) days of notice of award, provide City at Contractor's expense with three bonds using the forms attached hereto (B-1 through B-7):

(1) A performance bond executed to the City, to be in an amount of one hundred percent (100%) of the full contract price to be conditioned on the faithful performance of the contract and to include the protection of the City from all liens and damages arising out of the work;

(2) A Labor and Material Payment Bond to be executed to the People of the State of Michigan and the City of Jackson, to be in the amount of one hundred percent (100%) of the full contract price, and to be conditioned on the payment of all labor and materials used in the work and for the protection of the City from all liens and damages arising therefrom, as required by Act 213 of the Public Acts of Michigan of 1963, as amended; and

(3) A Maintenance and Guarantee Bond in a minimum amount of twenty five percent (25%) of the contract price.

All bonds shall be signed by the contractor and a surety company licensed to do business in the State of Michigan with sureties acceptable to the City. Said bonds shall be payable to the City of Jackson and filed in the office of the City Clerk.

B. Within 10 days of notification of award, the Contractor must provide certificates of insurance evidencing insurance coverage as required by the Contract.

C. The successful bidder will be required to sign a contract in three counterparts in substantially the form provided with this bid packet. Failure

P 4 of 32 to do so within 10 days of Notification of Award will result in forfeiture of the bid security.

D. The Contractor will be provided with Notification to Proceed upon completion of the steps in this paragraph. The Contractor must begin work within 5 days of the Notice to Proceed.

E. Contract Documents require that all work on this project be completed by

APRIL 18, 2025.

7. RESPONSIBLE CONTRACTOR ORDINANCE:

This bid is subject to the Responsible Contractor Ordinance.

For each separate bid package, the City in its discretion will weigh the information provided by the contractor or subcontractor regarding the evaluating criteria, as a whole, to determine the best bid. Except as otherwise required by law, no single criterion will necessarily be determinative in assessing which bid is the best bid. The Purchasing Department must weigh each of the criteria based on a distribution of percentage points on a 100-point scale. Additionally, The Purchasing Department shall provide space on the bid evaluation form for the prospective bidder to include additional information about themselves and/or their bid – this section would be optional for the prospective bidder to fill out. The criteria to be considered in bid evaluation on construction projects by the City shall be weighed categorically as follows, and shall include:

A. Price (25%)

1. A statement identifying what possible change orders could be necessary and what their approximate subsequent total costs would be.

B. Corporate Accountability (25%)

1. Qualifications of management and supervisory personnel to be assigned by the bidder.

2. References from individuals or entities the bidder has worked for within the last five

(5) years including information regarding records of performance and job site cooperation.

3. Evidence of any quality assurance program used by the bidder and the results of any such program on the bidder's previous projects.

4. Assurance that all construction work for this project must proceed economically, efficiently, continuously and without interruption.

5. A list of projects completed within the past five (5) years of comparable size/complexity, including dates, clients, approximate dollar value, and size. Documentation from these previous projects including but not limited to, all extra costs relating to the bidder’s timeliness, performance, quality of work, extension requests, P 5 of 32 contractual fines and penalties imposed, liens filed, history of claims for extra work and any contract defaults with an explanation of the reason for the default and how the default was resolved.

C. Workplace Safety (25%)

1. The ratio of masters or journeypersons to apprentices proposed to be used on the construction project job site, if apprentices are to be used on the project.

2. Evidence of the bidder’s worker's compensation Experience Modification Rating ("EMR"). Preference will be given to contractors and subcontractors who exhibit an EMR of 1.0 or less based on a three-year average.

3. All craft labor that will be employed by the firm for the project has completed at least the OSHA 10-hour training course for safety established by the U.S. Department of Labor, Occupational Safety & Health Administration.

4. Documentation of master or journeyperson certification or status for masters and journeypersons to be used on the project, and the source of such certification or status.

D. Workforce Development (15%)

1. Documentation as to pay rates of employees and whether the bidder provides health insurance, pension or other retirement benefits, paid leave, or other benefits to its employees.

2. Documentation if the bidder participates in a Registered Apprenticeship Program that is registered with the United States Department of Labor Office of Apprenticeship or by a State Apprenticeship Agency recognized by the Office of Apprenticeship.

3. Documentation of how the bidder assesses the skills and qualifications of any employees who do not have master or journeyperson certification or status or are not participants in a Registered Apprenticeship Program.

E. Social Equity (10%)

1. A statement from the bidder as to what percentage of its workforce can be drawn significantly from area residents, because the goal of the City is to utilize, in its construction activities, local residents as much as is economically feasible while retaining the high quality of construction required for its construction activities, consistent with applicable law.

The City will consider in evaluating which bids best serve its interests, the extent to which responsible and qualified bidders are able to achieve this goal.

2. Evidence of Equal Employment Opportunity Programs for minorities, women, veterans, returning citizens, and small businesses.

3. Assurance that the bidder is an equal opportunity employer and does not discriminate on the basis of race, sex, pregnancy, age, religion, national origin, marital status, sexual orientation, gender identity or expression, height, weight, or disability.

P 6 of 32

CHECKLIST FOR BID SUBMITTAL

_________ BID BOND – If a bid bond is required, please submit your bid bond with your bid documents

_________ PROPOSAL SHEETS – Please fill out and notarize your proposal sheets

_________ NOTARY SIGNATURE – Please make sure that Page P 17 of 32 and

Page P 21 of 32 are notarized.

_________ SAM.GOV – Contractors must be registered on with SAM.GOV to be eligible to work on federally funded projects. Registration is free.

https://sam.gov/content/entity-registration

Please provide your sam.gov Unique Identity Number (UIN):_______________ if you have received it. If you have applied for your UIN and have not received it, please indicate the date of application

*PLEASE DO NOT SUBMIT STAPLED BID DOCUMENTS*

https://sam.gov/content/entity-registration

P 7 of 32

PROPOSAL

TO: City Manager c/o Purchasing Agent City of Jackson, Michigan Date: _____________________

In compliance with your invitation for bids dated October 22, 2024 to perform ENG

24-14 WATER TREATMENT PLANT SANITARY SEWER REPLACEMENT

in the City of Jackson, the undersigned, a(n)

1. individual, resident of _______________________________________________ doing business as ________________________________________________ at ___________________________________________________________

2. partnership, consisting of __________________________________________ and ___________________________________________________________ under the firm name of ___________________________________________

3. corporation by the name of __________________________________________ organized and existing under the laws of the State of _____________________ with offices at ____________________________________________________

(strike inapplicable clauses) hereby proposes to perform said work, strictly as specified in the bid documents at the prices set forth on the attached schedule of bid prices, upon receipt of written notice of acceptance of this bid within one hundred twenty (120) calendar days after opening of the bids at the time stated in said Invitation; to execute a properly completed contract in the form provided with the bid documents in accordance with this bid; to give bond with good and sufficient surety or sureties, satisfactory to the City Attorney of Jackson, for the faithful performance of said contract, for payment of labor and materials, and, if required, for maintenance of work; and to give such bond within ten (10) days after notice of award.

FEDERAL ID#___________________

(Corporate Seal, if applicable) Name of Bidder:______________________________

Signed By:__________________________________

Its:________________________________________

P 8 of 32

BID SHEET

DATE:

PROPOSAL FOR: ENG 24-14 WATER TREATMENT PLANT SANITARY SEWER

REPLACEMENT

TO: The Mayor and the City Council City of Jackson, Michigan

Ladies and Gentlemen:

The Undersigned has examined the plans, specifications, and the location of the above-described work, and is fully informed as to the conditions relating to its performance, and understands the quantities shown in the estimate and on the plans are accurate to the best belief and knowledge of the Engineer but are not guaranteed.

The undersigned hereby proposes to furnish all equipment, materials, supplies, labor, and services necessary to commence and complete the project as described in the Contract Documents; and in strict conformity with the requirements of the Specifications and such other special provisions and supplemental specifications as may be a part of this proposal for the above described project at the following unit prices all labor, equipment and materials necessary for completion of the work, but not specifically listed as a pay item, will be deemed to be included in one or more of the pay items listed in the bid sheet.

Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged (list addenda by Addendum Number and Date):

Addendum No. Date

SCHEDULE OF BID PRICES

NOTE: UNIT PRICES MUST BE LISTED AND SHALL GOVERN.

ITEM

NUMBER PAY ITEM DESCRIPTION UNIT

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL COST

001 1047051 Preconstruction Video Documentation

LSUM

1.00

002 1500001 Mobilization, Max $ 44,000.00

LSUM

1.00

003 2020007 Stump, Rem, 37 inch or Larger Ea 1.00

004 2030016 Sewer, Rem, 24 inch to 48 inch Ft 32.00

P 9 of 32

005 2040020 Curb and Gutter, Rem Ft 120.00

006 2040045 Masonry and Conc Structure, Rem

Cyd 2.00

007 2040080 Exploratory Investigation, Vertical

Ft 10.00

008 2047001 Pavt Sawcut Ft 380.00

009 2047011 HMA Surface, Rem, Modified Syd 460.00

010 2047011 Pavt, Rem, Modified Syd 31.00

011 2047051 Dewatering

LSUM

1.00

012 2047060 Contaminated Groundwater, Storage, Handling and Disposal

Dlr 20,000.00

013 2050031 Non Haz Contaminated Material Handling and Disposal, LM

Cyd 2,900.00

014 2057002 Roadway Grading Sta 3.25

015 2080020 Erosion Control, Inlet Protection, Fabric Drop

Ea 3.00

016 2080036 Erosion Control, Silt Fence Ft 770.00

017 3010002 Subbase, CIP Cyd 20.00

018 3027011 Aggregate Base, 8 inch, 21AA, Modified

Syd 970.00

019 4021234 Sewer Bulkhead, 24 inch Ea 2.00

020 4021275 Video Taping Sewer and Culv Pipe

Ft 410.00

021 4027001 Sewer Backfill, Class II Ft 37.00

022 4027001 Sewer, CL E, 24 inch Ft 37.00

023 4030006 Dr Structure Cover, Adj, Case

Ea 3.00

024 4037050 Mh Cover, Std Ea 4.00

025 4037050 Storm Manhole, 48 inch dia Ea 1.00

026 5010033 HMA, 13A Ton 320.00

027 8010007 Driveway, Nonreinf Conc, 8 inch

Syd 730.00

028 8100390 Sign, Type I, Erect, Salv Ea 2.00

029 8120012 Barricade, Type III, High Intensity, Double Sided, Lighted, Furn

Ea 4.00

P 10 of 32

030 8120013 Barricade, Type III, High Intensity, Double Sided, Lighted, Oper

Ea 4.00

031 8120350 Sign, Type B, Temp, Prismatic, Furn

Sft 20.00

032 8120351 Sign, Type B, Temp, Prismatic, Oper

Sft 20.00

033 8167011 Turf Establishment, Performance

Syd 1,180.00

034 8230431 Gate Box, Adj, Case 1 Ea 2.00

035 8257001 Sanitary Sewer Backfill, Class

II

Ft 330.00

036 8257001 Sanitary Sewer, PS115 PVC, 18 inch

Ft 330.00

037 8257050 Manhole Drop Connection Ea 1.00

038 8257050 Sanitary Manhole, 48 inch dia Ea 3.00

039 8257050 Sanitary Sewer, Air Test Ea 4.00

040 8257050 Sanitary Sewer, Deflection Test

Ea 4.00

041 8260148 Flowable Fill, Non-Structural Cyd 20.00

TOTAL

TOTAL BID WRITTEN OUT:

Submitted Bid:

Labor Costs:

Materials Costs:

Equipment Costs:

Possible Change Orders:

P 11 of 32

Bidder’s Name:

Address:

City, State, Zip:

Telephone:

Fax:

Email Address:

Federal ID Number:

Bid Signed By: Print or Type

Title:

1. I am the person described in and who executed the foregoing bid and that the several matters stated are in all respects true.

2. That I am an employee of the firm or company described in and I am authorized to submit said bid.

By_____________________________ Its___________________________________

P 12 of 32

CONTRACT COMPLIANCE

DATE: October 22, 2024

TO: All Bidders

FROM: City of Jackson

SUBJECT: CONTRACT COMPLIANCE

The Commission of the City of Jackson, on 12/19/72, passed a resolution committing the City to a policy and procedure regarding compliance to affirmative hiring practices by contracting agencies doing business with the City of Jackson, effective 12/20/72.

The purpose of the policy and procedure is to ensure that all citizens of our community have the opportunity for equality of treatment in service and employment.

The City requests that all bidders who will be doing business with the City in the amount of $5,000 or more during any fiscal year, shall comply with the provisions of the Contract Compliance Policy.

Bidders will be required to show an Equal Employment Opportunity Certificate of Compliance or demonstrate compliance with standards for equal employment opportunity established by state and federal statute.

City Council of Jackson, Michigan

P 13 of 32

CONTRACT COMPLIANCE

CERTIFICATION

___________________________certifies that he/she/it will not discriminate against any employee or applicant for employment with respect to hire, tenure, term, conditions, or privileges or employment because race, religion or national origin, color, age, sex, height, weight, marital status, sexual orientation, gender identity, and physical or mental handicap.

In connection with this commitment ___________________________________ understands that he/she/it name will be reviewed by the State of Michigan, Department of Civil Rights for determination of its status as an awardable Bidder.

The undersigned hereby agrees that he/she/it will abide by the terms of any agreements made with the City of Jackson in order to achieve awardable status.

Dated: __________________________ By: ________________________________

(Bidder’s Name)

By: ________________________________

(Signature)

(Title)

Address

City

State and Zip

P 14 of 32

NON-DISCRIMINATION CLAUSE

FOR ALL CITY OF JACKSON CONTRACTS

In connection with the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee/employer for employment because of race, religion or national origin, color, age, sex, height, weight, marital status, sexual orientation, gender identity, and physical or mental handicap. The contractor will take affirmative action to ensure that minority applicants are employed, and that employees are treated during employment without regard to their race, religion, color, national origin, age, sex, height, weight, marital status or handicap. Such action shall include, but not be limited to, the following: layoff or termination, rates of pay or other forms of compensation, selection for training, upgrading or promotion, transfer or recruitment.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age, sex, height, weight, marital status or handicap. As a disclaimer, the contractor may state in the advertisement that he/she is an equal opportunity employer.

3. The contractor will furnish and file compliance reports with the City of Jackson as requested.

Such reports shall elicit information as to the practices, policies, program and employment statistics for the contractor and said contractor shall permit access to all books, records and accounts regarding employment practices by agents and representatives of the City duly charged with investigative duties to assure compliance with this clause.

4. Breach of the covenants herein may be regarded as a material breach of the contract or purchasing agreement.

5. The contractor will include, or incorporate by reference, the provisions of paragraphs (1) through (4) in every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights Commission and will provide in every subcontract or purchase order that said provisions will be binding upon each subcontractor or seller.

P 15 of 32

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

The undersigned understands and agrees that, as a Contractor for services, there shall be no discrimination against any employee or applicant for employment because of race, religion or national origin, color, age, sex, height, weight, marital status, sexual orientation, gender identity, and physical or mental handicap, including but no limited to employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation and selection for training.

The Contractor further agrees to the following:

(a) It will assist and actively cooperate with the City in obtaining compliance of any subcontractors with the equal opportunity rules, regulations, and relevant orders.

(2) It will furnish the City such information as might be required for the supervision of its compliance program and will otherwise assist the City in the discharge of its responsibility for ensuring compliance.

(3) In the event that the Contractor fails or refuses to comply with the equal opportunity regulations, the City may cause to be canceled, terminated, or suspended in whole or in part the contractual arrangement between the City and the Contractor.

NAME OF BIDDER: ___________________________________________

ADDRESS: __________________________________________

SIGNED BY: __________________________________________

TITLE: __________________________________________

DATE: __________________________________________

P 16 of 32

CERTIFICATION OF NONSEGREGATED FACILITIES

The bidder certifies that he does not maintain or provide for his employees any segregated facilities and does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained.

The bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files.

Dated: __________________________ By: ________________________________

(Bidder’s Name)

(Signature)

Address

City

State and Zip

P 17 of 32

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

STATE OF ____________________)

ss

COUNTY OF ____________________)

________________________________, being first duly sworn, deposed and says that:

1. He is__________________________of, ________________________________ the Bidder that has submitted the attached bid;

2. He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respected such bid;

3. Such bid is genuine and is not a collusive or sham bid;

4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Jackson or any person interested in the proposed contract; and

5. The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Dated: _____________________________ By: ________________________________

(Company)

Subscribed and sworn to before me, a Notary Public, this ______ day of ___________, 20_____.

Notary Public, _______________ County, My commission expires:__________________

P 18 of 32

SECTION C

Subcontractors

Each bidder shall indicate below the name, address, and a complete description of work to be performed by each subcontractor on this project and if they are a minority or woman owned business.

P 19 of 32

RIGHT TO KNOW

CONTRACTOR RELEASE FORM

I,______________________an authorized representative of ____________________ am aware that as a requirement to perform work for the City of Jackson on a contractual basis, I must have provided my employees with the basic training requirements of the HAZARD COMMUNICATION STANDARD as prescribed by the Michigan Right to Know amendments to Act 154 of the Public Acts of 1974 (Act 80, Public Acts 1986), prior to starting any work for the City. While engaged in working for the City, I will continue to comply with Michigan Right to Know Law until completion of the contract.

I am aware that if I bring any hazardous chemical to the City's workplace, I must have available the MSDS for these chemicals, in a place accessible to all employees in the workplace. If necessary, due to the "special protection information" requirement stated on the MSDS for the chemicals, I will provide all employees with any special training, special protective clothing or equipment necessary to eliminate or lessen the possible exposure to the hazardous chemical or chemicals.

By execution of this Release, the contractor acknowledges that he and all subcontractors and suppliers will comply with all requirements of the HAZARD COMMUNICATION STANDARD. Further, the contractor shall hold harmless from and indemnify the City against all claims, suits, actions, costs, counsel fees, expenses, damages, judgements or decrees, by reason of his failure, or the failure of any subcontractor, suppliers, or any person employed under said contractor to comply with the requirements of Act 154 of the Public Acts of 1974 as amended.

Dated ______________________ _____________________________________ Signature

P 20 of 32

City of Jackson

Ethics Disclosure Form

Vendors and Contractors

Name

Company

Telephone

Email Address

Contract or matter pending with the City:

I, __________________________, being duly sworn, and pursuant to City of Jackson Ordinance No. 2015-18, I hereby disclose and swear to the following (check all that apply and provide details below):

I, or my company’s owners, members, major shareholders, or corporate officers, have a financial interest in a contract or matter pending before Jackson City Council.

A relative1 or immediate family member2 of myself or my company’s owners, members, major shareholders, or corporate officers has a financial interest in a contract or matter pending before a City office, department, board, or commission.

I, or my company’s owners, members, major shareholders, or corporate officers, have an interest in real or personal property that is subject to a decision by the City regarding the purchase, sale, lease, zoning, property improvements, NOORPR or FVA registration, a development agreement, or a special tax designation or abatement.

Property address: ___________________________________________________________________

Property interest: ___________________________________________________________________

An immediate family member or relative of myself or my company’s owners, members, major shareholders, or corporate officers, has a financial interest in real or personal property that is subject to a decision by the City regarding the purchase, sale, lease, zoning, property improvements, NOORPR or FVA registration, a development agreement, or a special tax designation or abatement.

1 Relative means any spouse, domestic partner, great grandparents, step great grandparents, grandparents, step grandparents, sons, stepsons, daughters, step daughters, grandsons, step grandsons, granddaughters, step granddaughters, brothers, step brothers, sisters, step sisters, and in-laws of a Public Employee, the Mayor, an Elected

Official, an Appointed Official, a member of a Board or Commission, a Contractor, or an Advisor of the City.

2 Immediate family member means a Public Employee, the Mayor, an Elected Official, an Appointed Official, a member of a Board or Commission, a Contractor, or an Advisor’s spouse, domestic partner, individual who lives in the Public Employee's household or an individual claimed by a Public Employee or a Public Employee's spouse as a dependent under the United States Internal Revenue Code at 26 USC 1, et seq.

P 21 of 32

Property address: ___________________________________________________________________

Property interest: ___________________________________________________________________

An immediate family member or relative of myself or my company’s owners, members, major shareholders, or corporate officers, is employed by the City or making an application for employment to the City.

Relative name: ___________________________________________________________________

City Department: ___________________________________________________________________

I, or my company’s owners, members, major shareholders, or corporate officers, have made campaign contributions in the last year to a candidate running for elective office with the City.

Name of Candidate: _________________________________________________________________

Amount of Campaign Contribution:

The following entities and persons have a financial interest in the contract or matter identified above:

Additional information regarding any of the above:

None of the above apply.

Dated: __________________________________________

Signature

Subscribed and sworn to before me, a Notary Public, this ______ day of ___________, 20_____.

Notary Public, _______________ County, My commission expires:__________________

P 22 of 32

Certification Regarding Debarment, Suspension, and Other Responsibility Matters

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

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

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

(3) Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) and have not, within the three-year period preceding the proposal, been convicted of or had a civil judgment rendered against it:

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

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

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

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

Name and Title of Authorized Representative

Name of Participant Agency or Firm

Signature of Authorized Representative Date

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

P 23 of 32

REFERENCE QUESTIONNAIRE

Please answer the following questions completely.

1. Firm Name: _____________________________________________________

2. Established: Year_______ Number of Employees______

3. Type of organization: Individual___ Partnership ___ Corporation ___ Other ___

4. Former name(s) if any, and year(s) in business

5. Include at least three (3) references of contacts for similar work performed over the last five years. Include: owner, contact person and phone number and description of work performed.

5.1 Company Name:___________________________________________________

Address:_________________________________________________________

Phone:___________________________________________________________

Contact:__________________________________________________________

Type of Work:_____________________________________________________

Budget:__________________________________________________________

5.2 Company Name:___________________________________________________

Address:_________________________________________________________

Phone:___________________________________________________________

Contact:__________________________________________________________

Type of Work:_____________________________________________________

Budget:__________________________________________________________

5.3 Company Name:___________________________________________________

Address:_________________________________________________________

Phone:___________________________________________________________

Contact:__________________________________________________________

Type of Work:_____________________________________________________

Budget:__________________________________________________________

I certify that all of the information provided is true and answered to the best of my ability.

Signed____________________________ Name__________________________________

Title______________________________ Date___________________________________

P 24 of 32

Responsible Contractor Ordinance

Below are twenty-nine (29) Responsibility Criteria that must be answered per the City’s Responsible Contractor Ordinance. For each criterion provide a relevant response or attachments as required.

Answers to these criteria will not exclude any bidder from the bid process or ultimate award.

CRITERIA 1:

COMPANY NAME:

ADDRESS:

CITY, STATE, ZIP:

TELEPHONE:

OFFICERS:

President: Email Address:

Vice President: Email Address:

Secretary: Email Address:

Treasurer: Email Address:

CRITERIA 2:

How many years has your organization been in business under your present firm name?______

PARENT COMPANY NAME:

STREET ADDRESS:

CITY, STATE, ZIP CODE:

UNDER CURRENT MANAGEMENT

SINCE (DATE):

P 25 of 32

CRITERIA 3:

State and local licenses and license numbers held by your organization:

What are your formal training programs: a) apprentice/journeyman, b) other comparable formal training programs?

CRITERIA 4:

Confirmation that all subcontractors, employees and other individuals working on the construction project will maintain current applicable licenses required by law for all licensed occupations and professions.

CRITERIA 5:

Verification that the bidder is in compliance with all applicable state and federal laws and visa requirements regarding the hiring of non-US citizens, and disclosure of any work visas sought or obtained by the bidder, any of the bidder’s subcontractors, or any of the bidder’s employees or independent contractors, in order to perform any portion of the project.

P 26 of 32

CRITERIA 6 (ATTACHMENT REQUIRED)

Attach evidence of experience with construction techniques, trade standards, quality workmanship, project scheduling, cost control, management of projects of comparable size/complexity, and building codes by documenting the bidder’s ability and capacity to perform the project. The bidder must identify those portions of the project it reasonably believes will be subcontracted and the names of the subcontractors.

CRITERIA 7 (ATTACHMENT REQUIRED)

Evidence of bonding capacity within the past twelve (12) months, that the applicant has financial resources to start up and follow through on the project(s) and to respond to damages in case of default as shown by written verification of bonding capacity equal to or exceeding the amount of the bidder’s scope of work on the project. The written verification must be submitted by a licensed surety company rated “B+” (or better) in the current A.M. Best Guide and qualified to do business within the State of Michigan.

CRITERIA 8:

A list of all litigation and arbitrations currently pending and within the past five (5) years, including an explanation of each (parties, court/forum, legal claims, damages sought, and resolution).

_____ NONE

CRITERIA 9:

Disclosure of any violations of state, federal or local laws or regulations, including OSHA or MIOSHA violations, state or federal prevailing wage laws, wage and hour laws, worker’s compensation or unemployment compensation laws, rules or regulations, issued to or against the bidder within the past five years.

P 27 of 32

CRITERIA 10:

Disclosure of any debarment by any federal, state or local governmental unit and/or findings of non-responsibility or non-compliance with respect to any public or private construction project performed by the bidder.

CRITERIA 11:

Proof of insurance, including certificates of insurance, confirming existence and amount of coverage for liability, property damage, workers compensation, and any other insurances required by the proposed contract documents.

Name:

Type of Coverage:

Telephone:

Are you self-insured for Worker’s Compensation Insurance? Yes_____ No_____

CRITERIA 12 (ATTACHMENT REQUIRED):

A statement regarding the bidder’s staffing capabilities and labor sources including subcontractors and a verification from the bidder that construction workers will not be misclassified as independent contractors in violation of state or federal law.

P 28 of 32

CRITERIA 13:

Verification of an existing Fitness for Duty Program (drugs and alcohol) of each employee working on the proposed jobsite.

_____ Yes, we have a Fitness for Duty Program

_____ No, we do not have a Fitness for Duty Program

Additional Information:

CRITERIA 14:

A warranty statement regarding labor, equipment and materials.

CRITERIA 15:

A statement affirming that the firm will pay all craft employees that it employs on the project the current wage rates and fringe benefits as required under applicable federal, state, or local wage laws.

P 29 of 32

CRITERIA 16:

A statement from the contractor or subcontractor acknowledging their obligation to comply with this Ordinance in each contract and subcontract.

CRITERIA 17:

A statement identifying what possible change orders could be necessary and what their approximate subsequent total costs would be.

CRITERIA 18:

Qualifications of management and supervisory personnel to be assigned by the bidder.

P 30 of 32

CRITERIA 19 (ATTACHMENT REQUIRED):

References from individuals or entities the bidder has worked for within the last five (5) years including information regarding records of performance and job site cooperation.

CRITERIA 20:

Evidence of any quality assurance program used by the bidder and the results of any such program on the bidder’s previous projects.

CRITERIA 21:

Assurance that all construction work for this project must proceed economically, efficiently, continuously and without interruption.

CRITERIA 22 (ATTACHMENT REQUIRED):

A list of projects completed within the past five (5) years of comparable size/complexity, including dates, clients, approximately dollar value, and size. Documentation from these previous projects including but not limited to all extra costs relating to the bidder’s timeliness, performance, quality of work, extension requests, contractual fines and penalties imposed, liens filed, history of claims for extra work and any contract defaults with an explanation of the reason for the default and how the default was resolved.

P 31 of 32

CRITERIA 23:

The ratio of masters or journeypersons to apprentices proposed to be used on the construction project job site, if apprentices are to be used on the project.

Do you participate in the Registered Apprenticeship Programs that are registered with the United States Department of Labor Office of Apprenticeship or by a State Apprenticeship Agency recognized by the Office of Apprenticeship?

_____ Yes

_____ No

Additional Information:

(ATTACHMENT REQUIRED) Documentation of how the bidder assesses the skills and qualifications of any employees who do not have master or journeyperson certification or status or are not participants in a Registered Apprenticeship Program.

CRITERIA 24 (ATTACHMENT REQUIRED)

Evidence of the bidder’s worker’s compensation Experience Modification Rating (“EMR”).

Preference will be given to contractors and subcontractors who exhibit an EMR of 1.0 or less based on a three-year average.

CRITERIA 25:

All craft labor that will be employed by the firm for the project has completed at least the OSHA 10-hour training course of safety established by the U.S. Department of Labor, Occupational Safety & Health Administration.

_____ Yes _____ No

P 32 of 32

CRITERIA 26 (ATTACHMENT REQUIRED):

Documentation of master or journeyperson certification or status for masters and journeypersons to be used on the project, and the source of such certification or status

CRITERIA 27:

A statement from the bidder as to what percentage of its workforce can be drawn significantly from area residents because a goal of the City is to utilize, it is construction activities, local residents as much as is economically feasible while retaining the high quality of construction required for its construction activities, consistent with applicable law. The City will consider evaluating which bids best serve its interests, and the extent to which responsible and qualified bidders are able to achieve this goal.

CRITERIA 28 (ATTACHMENT REQUIRED):

Evidence of Equal Employment Opportunity Programs for minorities, women, veterans, returning citizens, and small businesses.

CRITERIA 29:

Assurance that the bidder is an equal opportunity employer and does not discriminate on the basis of race, sex, pregnancy, age, religion, national origin, marital status, sexual orientation, gender identity of expression, height, weight, or disability. COMPANIES EQUAL EMPLOYMENT

OPPORTUNITY STATEMENT:

Print Firm Name/Principal

Signature/Principal

Date

RESPONSIBLE CONTRACTOR BID EVALUATION CRITERIA

Once the City deems a contractor a responsible bidder, having used the process identified above, the City must consider the contractor's bid. The City must consider, at minimum, each of the evaluation criteria listed in this Section in determining the best bid. The City may require contractors or subcontractors to provide additional information by inclusion in bid documents. Additionally, the list set forth below in no way limits any additional criteria that the City may deem relevant for purposes of making a determination of the best bid.

Bid documents must require any contractor or subcontractor bidding on the project to submit written responses and other information and documentation regarding the listed criteria and any other criteria specified by the City through the bid documents. The City may request additional information or explanation from any contractor or subcontractor regarding any particular criteria. The bid documents must provide that the City retains the right in its discretion to reject any and all bids. All required contractor financial and privileged information must be kept from public disclosure unless otherwise required by law.

Submitted bids must break out labor costs from material and equipment costs.

For each separate bid package, the City in its discretion will weigh the information provided by the contractor or subcontractor regarding the evaluating criteria, as a whole, to determine the best bid. Except as otherwise required by law, no single criterion will necessarily be determinative in assessing which bid is the best bid. The Purchasing Department must weigh each of the criteria based on a distribution of percentage points on a 100-point scale. Additionally, The Purchasing Department shall provide space on the bid evaluation form for the prospective bidder to include additional information about themselves and/or their bid – this section would be optional for the prospective bidder to fill out.