ITB-W-1148.pdf

One City Square

Warren, MI 48093-5289

PROJECT MANUAL

for

CITY OF WARREN

TAX INCREMENT FINANCE

AUTHORITY

VAN DYKE MIXED USE

REHABILITATION

Warren Project NO. ITB-W-1148

ARCHITECT:

65 Market Street, Mount Clemens, MI 48043 Phone 586.469.3600

PARTNERS PROJECT # 22-149

MARCH 8, 2024 / BID CONSTRUCTION

Lori M. Stone, Mayor

PARTNERS 22-149

TABLE OF CONTENTS

TOC - 1

MARCH 8, 2024 / BIDDING - CONSTRUCTION

Division ........Section Title .............................................................................................. ................................................. Pages

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

.....................COVER

.....................TABLE OF CONTENTS

000000 .........PROJECT IDENTIFICATION

.....................ADVERTISEMENT FOR BIDS

A701 .............INSTRUCTIONS TO BIDDERS

000100 .........WARREN GENERAL CONDITIONS

000101 .........WARREN LABOR HARMONY ORDINANCE

000200 .........MATERIAL FINISH & COLOR SCHEDULE

002213 .........SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

003000 .........REQUIRED BID SUBMISSION MATERIALS

003100 .........BID FORM

003110 .........PREVAILING WAGES

003111 .........GENERAL CONTRACTORS QUALIFICATION

003126 .........EXISTING HAZARDOUS MATERIAL INFORMATION

004313 .........BID SECURITY FORMS

004373 .........PROPOSED SCHEDULE OF VALUES FORM

006000 .........PROJECT FORMS

A201 .............GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

008000 .........SUPPLEMENTARY GENERAL CONDITIONS

DIVISION 1 - GENERAL REQUIREMENTS

011000 .........SUMMARY

012100 .........ALLOWANCES

012200 .........UNIT PRICES

012300 .........ALTERNATES

012500 .........SUBSTITUTION PROCEDURES

012500.01 ....SUBSTITUTION REQUEST FORM DURING BID

012600 .........SAMPLE GC CONTRACT

012600.01 ....CONTRACT MODIFICATION PROCEDURES

012900 .........PAYMENT PROCEDURES

013100 .........PROJECT MANAGEMENT AND COORDINATION

013200 .........CONSTRUCTION PROGRESS DOCUMENTATION

013300 .........SUBMITTAL PROCEDURES

013300.01 ....SHOP DRAWING TRANSMITTAL (FILLABLE FORM)

014000 .........QUALITY REQUIREMENTS

014200 .........REFERENCES

014339 .........MOCK UPS

014350 .........CUTTING AND PATCHING

015000 .........TEMPORARY FACILITIES AND CONTROLS

016000 .........PRODUCT REQUIREMENTS

017300 .........EXECUTION

017700 .........CLOSEOUT PROCEDURES

017823 .........OPERATION AND MAINTENANCE DATA

017839 .........PROJECT RECORD DOCUMENTS

017900 .........DEMONSTRATION AND TRAINING

DIVISION 2 - EXISTING CONDITIONS

024119 .........SELECTIVE DEMOLITION

TOC - 2

DIVISION 3 - CONCRETE

033000 .........CAST-IN-PLACE CONCRETE

DIVISION 4 - MASONRY

040110 .........MASONRY CLEANING

040120.64 ....BRICK MASONRY REPOINTING

042000 .........UNIT MASONRY

042516 .........THIN BRICK PANEL SYSTEM

047200 .........CAST STONE MASONRY

DIVISION 5 - METALS

055000 .........METAL FABRICATIONS

DIVISION 6 - WOODS, PLASTICS AND COMPOSITES

061000 .........ROUGH CARPENTRY

061600 .........SHEATHING

DIVISION 7 - THERMAL AND MOISTURE PROTECTION

072100 .........THERMAL INSULATION

072500 .........WEATHER BARRIER

073113 .........ASPHALT SHINGLES

074646 .........FIEBER CEMENT SIDING

075419 .........POLYVINYL-CHLORIDE (PVC) ROOFING

076200 .........SHEET METAL FLASHING AND TRIM

077100 .........ROOF SPECIALTIES

077200 .........ROOF ACCESSORIES

078413 .........PENETRATION FIRESTOPPING

078443 .........JOINT FIRESTOPPING

079200 .........JOINT SEALANTS

079219 .........ACOUSTICAL JOINT SEALANTS

DIVISION 8 – OPENINGS

081113 .........HOLLOW METAL DOORS AND FRAMES

081433 .........STILE AND RAIL WOOD DOORS

083113 .........ACCESS DOORS AND FRAMES

083613.16 ....GLAZED SECTIONAL DOORS

084113 .........ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS

085313 .........VINYL WINDOWS

086200 .........UNIT SKYLIGHTS

088000 .........GLAZING

DIVISION 9 - FINISHES

092216 .........NON-STRUCTURAL METAL FRAMING

092900 .........GYPSUM BOARD

099113 .........EXTERIOR PAINTING

099123 .........INTERIOR PAINTING

DIVISION 10 - SPECIALTIES

102113.17 ....PHENOLIC TOILET COMPARTMENTS

104416 .........FIRE EXTINGUISHERS

TOC - 3

MARCH 8, 2024 / BIDDING - CONSTRUCTION

DIVISION 11 – EQUIPMENT (NOT USED)

DIVISION 12 - FURNISHINGS

123623.13 ....PLASTIC LAMINATE CLAD COUNTERTOPS

DIVISION 13 - 32 (NOT USED)

*REFER TO MECHANICAL AND ELECTRICAL DRAWINGS FOR SPECIFICATIONS

END OF TABLE OF CONTENTS

TOC - 4

PROJECT IDENTIFICATION

000000 - 1

PROJECT: CITY OF WARREN – TAX INCREMENT FINANCE AUTHORITY

VAN DYKE MIXED USE REHABILITATION

ITB-W-1148.

23150, 23154, and 23158 Van Dyke Avenue

Warren, MI 48089

OWNER: CITY OF WARREN

One City Square Warren, MI 48093

586-574-4500

ARCHITECT: PARTNERS IN ARCHITECTURE, PLC

65 Market Street Mount Clemens, MI 48043

(586) 469.3600

PARTNERS PROJECT NUMBER: 22-149

BID DUE DATE: APRIL 3, 2024 @ 12:30 PM

BID LOCATION: Submitted Electronically (Refer to Ad for Bids)

END OF SECTION

00000-2

ADVERTISEMENT FOR BIDS

000000 - 1

MARCH 8, 2024 / BIDDING - CONSTRUCTION

ADVERTISEMENT FOR BIDS

City of Warren Tax Increment Finance Authority

Van Dyke Mixed Use Rehabilitation

ITB-W-1148

The City of Warren will receive single prime electronic bids for the CITY OF WARREN – Tax Increment Finance Authority Van Dyke Mixed Use Rehabilitation project.

ELECTRONIC BIDS ARE DUE: ON OR BEFORE 12:30 pm, WEDNESDAY, APRIL 3, 2024

THE CITY WILL ONLY ACCEPT ELECTRONIC BIDS SUBMITTED VIA THE BIDNET (MITN) SYSTEM.

Bids shall be submitted electronically through the MITN site. Bids received after 12:30 pm of the date they are due will not be accepted. Bids received will be publicly opened via virtual meeting (ZOOM) and read aloud at 1:00 pm.

If the contractor has any questions regarding the steps needed to complete the electronic bid submission, they shall contact the BidNet (MITN) help desk at 1-800-835-4603 and select option 2 when prompted.

LINK TO ZOOM MEETING:

https://cityofwarren.zoom.us/j/81320697601?pwd=yBD7WenladmytFfKrb07ZNnIVyts5f.1

ZOOM CALL-IN#: 1 813 2069 7601

ZOOM MEETING ID: 813 2069 7601

ZOOM MEETING PASSWORD: 359973

There will be a Pre-Bid Meeting, for all contractors wishing to submit a bid on March 15, 2024 at 1:00 pm and March 18, 2024 at 9:00 am. Pre-Bid Meeting will be held at the Warren Civic Center South - Burnette Library, located at 23345 Van Dyke Avenue, Warren, MI 48089. All contractors are required to attend at least one of the Pre-Bid Meetings in order to submit a bid for this project.

This project includes:

Improvements to the existing buildings located at 23150, 23154 and 23158 Van Dyke Avenue.

Scope of work includes exterior and interior improvements for a “white box” space suitable for final fit out under a separate agreement. The first floor will be developed as indicated on the documents as a commercial / retail / hospitality space, and the second floor as a residence. Improvements include demolition, limited site work improvements, structural improvements, architectural work including framing, finishes, and work to bring the facility up to code, and mechanical / plumbing / electrical improvements.

BID SECURITY REQUIREMENTS FOR CITY OF WARREN BIDS:

Each bid must be accompanied by a scanned pdf version of a bid bond, a certified check, made in favor of the Treasurer of the City of Warren (a company or personal check is not acceptable), payable to the Treasurer, City of Warren, duly executed by the bidder as principal and having as surety thereon a surety company approved by the City, in the amount of 5% of the bid amount.

Prior to the award of bid, the recommended vendor shall furnish the hard-copy bid security to the Purchasing Division Office located at One City Square, Suite 425, Warren, MI 48093.

https://cityofwarren.zoom.us/j/81320697601?pwd=yBD7WenladmytFfKrb07ZNnIVyts5f.1

ADVERTISEMENT FOR BIDS

000000 - 2

Failure of the successful bidder to execute a contract with the City for the work, and deliver the required bonds and insurance, if called upon to do so, will result in forfeiture of the bid security, and that security shall, as liquidated damages, become the property of the City.

BIDDERS WHO DO NOT HAVE A BID SECURITY ATTACHED TO THEIR BIDS, WILL HAVE THEIR BIDS

REJECTED.

Make proposals on the bid form supplied in the project manual. Submit with each bid an acceptable bid bond payable to City of Warren, in an amount equal to five percent (5%) of the total bid.

Bids may not be withdrawn for a period of ninety (90) days after the scheduled time of opening bids, without the consent of the Owner. The City reserves the right to reject any or all bids received and to waive any formalities in regard thereto. In addition, the City reserves the right to evaluate bids on any basis determined by the City to be in the best interest of the City and to consider alternate bids if the low bidder(s) does not comply with the project requirements or are otherwise determined to be unqualified.

Bid documents will be available to prospective bidders on or around March 8, 2024. Bid documents can be electronically downloaded from the Michigan Inter-Governmental Trade Network (MITN) website @ www.mitn.info.

Questions should be directed to PARTNERS in Architecture, PLC, in writing via email. Forward questions to: jhoulihan@partnersinarch.com. Last day for questions is March 22, 2024 at 2:00 pm.

PARTNERS in Architecture, PLC 65 Market Street

Mount Clemens, MI 48043

(586) 469-3600 http://www.mitn.info/ mailto:jhoulihan@partnersinarch.com

Document A701® – 2018 Instructions to Bidders

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:16:00 ET on 03/05/2024 under Order No.4104250726 which expires on 03/02/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1782001487)

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

FEDERAL, STATE, AND LOCAL

LAWS MAY IMPOSE

REQUIREMENTS ON PUBLIC

PROCUREMENT CONTRACTS.

CONSULT LOCAL AUTHORITIES

OR AN ATTORNEY TO VERIFY

REQUIREMENTS APPLICABLE TO

THIS PROCUREMENT BEFORE

COMPLETING THIS FORM.

It is intended that AIA Document G612™–2017, Owner’s Instructions to the Architect, Parts A and B will be completed prior to using this document.

for the following Project:

(Name, location, and detailed description)

City of Warren Tax Increment Finance Authority Van Dyke Mixed Use Rehabilitation

PIA #22-149

23150, 23154, 23158 Van Dyke Avenue Warren, MI 48089

THE OWNER:

(Name, legal status, address, and other information)

City of Warren One City Square, 4th Floor Warren, MI 48093-5289

THE ARCHITECT:

(Name, legal status, address, and other information)

PARTNERS in Architecture, PLC 65 Market Street Mount Clemens, MI 48043 Telephone Number: 586-469-3600

TABLE OF ARTICLES

1 DEFINITIONS

2 BIDDER’S REPRESENTATIONS

3 BIDDING DOCUMENTS

4 BIDDING PROCEDURES

5 CONSIDERATION OF BIDS

6 POST-BID INFORMATION

7 PERFORMANCE BOND AND PAYMENT BOND

8 ENUMERATION OF THE PROPOSED CONTRACT DOCUMENTS

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:16:00 ET on 03/05/2024 under Order No.4104250726 which expires on 03/02/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1782001487)

ARTICLE 1 DEFINITIONS

§ 1.1 Bidding Documents include the Bidding Requirements and the Proposed Contract Documents. The Bidding Requirements consist of the advertisement or invitation to bid, Instructions to Bidders, supplementary instructions to bidders, the bid form, and any other bidding forms. The Proposed Contract Documents consist of the unexecuted form of Agreement between the Owner and Contractor and that Agreement’s Exhibits, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda, and all other documents enumerated in Article 8 of these Instructions.

§ 1.2 Definitions set forth in the General Conditions of the Contract for Construction, or in other Proposed Contract Documents apply to the Bidding Documents.

§ 1.3 Addenda are written or graphic instruments issued by the Architect, which, by additions, deletions, clarifications, or corrections, modify or interpret the Bidding Documents.

§ 1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents.

§ 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents, to which Work may be added or deleted by sums stated in Alternate Bids.

§ 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from, or that does not change, the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted.

§ 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment, or services, or a portion of the Work, as described in the Bidding Documents.

§ 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents.

§ 1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment, or labor for a portion of the Work.

ARTICLE 2 BIDDER’S REPRESENTATIONS

§ 2.1 By submitting a Bid, the Bidder represents that:

.1 the Bidder has read and understands the Bidding Documents;

.2 the Bidder understands how the Bidding Documents relate to other portions of the Project, if any, being bid concurrently or presently under construction;

.3 the Bid complies with the Bidding Documents;

.4 the Bidder has visited the site, become familiar with local conditions under which the Work is to be performed, and has correlated the Bidder’s observations with the requirements of the Proposed Contract Documents;

.5 the Bid is based upon the materials, equipment, and systems required by the Bidding Documents without exception; and

.6 the Bidder has read and understands the provisions for liquidated damages, if any, set forth in the form of Agreement between the Owner and Contractor.

ARTICLE 3 BIDDING DOCUMENTS

§ 3.1 Distribution § 3.1.1 Bidders shall obtain complete Bidding Documents, as indicated below, from the issuing office designated in the advertisement or invitation to bid, for the deposit sum, if any, stated therein.

(Indicate how, such as by email, website, host site/platform, paper copy, or other method Bidders shall obtain Bidding Documents.)

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:16:00 ET on 03/05/2024 under Order No.4104250726 which expires on 03/02/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1782001487)

§ 3.1.2 Any required deposit shall be refunded to Bidders who submit a bona fide Bid and return the paper Bidding Documents in good condition within ten days after receipt of Bids. The cost to replace missing or damaged paper documents will be deducted from the deposit. A Bidder receiving a Contract award may retain the paper Bidding Documents, and the Bidder’s deposit will be refunded.

§ 3.1.3 Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the advertisement or invitation to bid, or in supplementary instructions to bidders.

§ 3.1.4 Bidders shall use complete Bidding Documents in preparing Bids. Neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete Bidding Documents.

§ 3.1.5 The Bidding Documents will be available for the sole purpose of obtaining Bids on the Work. No license or grant of use is conferred by distribution of the Bidding Documents.

§ 3.2 Modification or Interpretation of Bidding Documents § 3.2.1 The Bidder shall carefully study the Bidding Documents, shall examine the site and local conditions, and shall notify the Architect of errors, inconsistencies, or ambiguities discovered and request clarification or interpretation pursuant to Section 3.2.2.

§ 3.2.2 Requests for clarification or interpretation of the Bidding Documents shall be submitted by the Bidder in writing and shall be received by the Architect at least seven days prior to the date for receipt of Bids.

(Indicate how, such as by email, website, host site/platform, paper copy, or other method Bidders shall submit requests for clarification and interpretation.)

§ 3.2.3 Modifications and interpretations of the Bidding Documents shall be made by Addendum. Modifications and interpretations of the Bidding Documents made in any other manner shall not be binding, and Bidders shall not rely upon them.

§ 3.3 Substitutions § 3.3.1 The materials, products, and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance, and quality to be met by any proposed substitution.

§ 3.3.2 Substitution Process § 3.3.2.1 Written requests for substitutions shall be received by the Architect at least ten days prior to the date for receipt of Bids. Requests shall be submitted in the same manner as that established for submitting clarifications and interpretations in Section 3.2.2.

§ 3.3.2.2 Bidders shall submit substitution requests on a Substitution Request Form if one is provided in the Bidding Documents.

§ 3.3.2.3 If a Substitution Request Form is not provided, requests shall include (1) the name of the material or equipment specified in the Bidding Documents; (2) the reason for the requested substitution; (3) a complete description of the proposed substitution including the name of the material or equipment proposed as the substitute, performance and test data, and relevant drawings; and (4) any other information necessary for an evaluation. The request shall include a statement setting forth changes in other materials, equipment, or other portions of the Work, including changes in the work of other contracts or the impact on any Project Certifications (such as LEED), that will result from incorporation of the proposed substitution.

§ 3.3.3 The burden of proof of the merit of the proposed substitution is upon the proposer. The Architect’s decision of approval or disapproval of a proposed substitution shall be final.

§ 3.3.4 If the Architect approves a proposed substitution prior to receipt of Bids, such approval shall be set forth in an Addendum. Approvals made in any other manner shall not be binding, and Bidders shall not rely upon them.

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:16:00 ET on 03/05/2024 under Order No.4104250726 which expires on 03/02/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1782001487)

§ 3.3.5 No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents.

§ 3.4 Addenda § 3.4.1 Addenda will be transmitted to Bidders known by the issuing office to have received complete Bidding Documents.

(Indicate how, such as by email, website, host site/platform, paper copy, or other method Addenda will be transmitted.)

§ 3.4.2 Addenda will be available where Bidding Documents are on file.

§ 3.4.3 Addenda will be issued no later than four days prior to the date for receipt of Bids, except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.

§ 3.4.4 Prior to submitting a Bid, each Bidder shall ascertain that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid.

ARTICLE 4 BIDDING PROCEDURES

§ 4.1 Preparation of Bids § 4.1.1 Bids shall be submitted on the forms included with or identified in the Bidding Documents.

§ 4.1.2 All blanks on the bid form shall be legibly executed. Paper bid forms shall be executed in a non-erasable medium.

§ 4.1.3 Sums shall be expressed in both words and numbers, unless noted otherwise on the bid form. In case of discrepancy, the amount entered in words shall govern.

§ 4.1.4 Edits to entries made on paper bid forms must be initialed by the signer of the Bid.

§ 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change" or as required by the bid form.

§ 4.1.6 Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder’s refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall neither make additional stipulations on the bid form nor qualify the Bid in any other manner.

§ 4.1.7 Each copy of the Bid shall state the legal name and legal status of the Bidder. As part of the documentation submitted with the Bid, the Bidder shall provide evidence of its legal authority to perform the Work in the jurisdiction where the Project is located. Each copy of the Bid shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further name the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached, certifying the agent’s authority to bind the Bidder.

§ 4.1.8 A Bidder shall incur all costs associated with the preparation of its Bid.

§ 4.2 Bid Security § 4.2.1 Each Bid shall be accompanied by the following bid security:

(Insert the form and amount of bid security.)

§ 4.2.2 The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and shall, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. In the event the Owner fails to comply with Section 6.2, the amount of the bid security shall not be forfeited to the Owner.

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:16:00 ET on 03/05/2024 under Order No.4104250726 which expires on 03/02/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1782001487)

§ 4.2.3 If a surety bond is required as bid security, it shall be written on AIA Document A310™, Bid Bond, unless otherwise provided in the Bidding Documents. The attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of an acceptable power of attorney. The Bidder shall provide surety bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located.

§ 4.2.4 The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until (a) the Contract has been executed and bonds, if required, have been furnished; (b) the specified time has elapsed so that Bids may be withdrawn; or (c) all Bids have been rejected. However, if no Contract has been awarded or a Bidder has not been notified of the acceptance of its Bid, a Bidder may, beginning days after the opening of Bids, withdraw its Bid and request the return of its bid security.

§ 4.3 Submission of Bids § 4.3.1 A Bidder shall submit its Bid as indicated below:

(Indicate how, such as by website, host site/platform, paper copy, or other method Bidders shall submit their Bid.)

§ 4.3.2 Paper copies of the Bid, the bid security, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder’s name and address, and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof.

§ 4.3.3 Bids shall be submitted by the date and time and at the place indicated in the invitation to bid. Bids submitted after the date and time for receipt of Bids, or at an incorrect place, will not be accepted.

§ 4.3.4 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

§ 4.3.5 A Bid submitted by any method other than as provided in this Section 4.3 will not be accepted.

§ 4.4 Modification or Withdrawal of Bid § 4.4.1 Prior to the date and time designated for receipt of Bids, a Bidder may submit a new Bid to replace a Bid previously submitted, or withdraw its Bid entirely, by notice to the party designated to receive the Bids. Such notice shall be received and duly recorded by the receiving party on or before the date and time set for receipt of Bids. The receiving party shall verify that replaced or withdrawn Bids are removed from the other submitted Bids and not considered. Notice of submission of a replacement Bid or withdrawal of a Bid shall be worded so as not to reveal the amount of the original Bid.

§ 4.4.2 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids in the same format as that established in Section 4.3, provided they fully conform with these Instructions to Bidders. Bid security shall be in an amount sufficient for the Bid as resubmitted.

§ 4.4.3 After the date and time designated for receipt of Bids, a Bidder who discovers that it made a clerical error in its Bid shall notify the Architect of such error within two days, or pursuant to a timeframe specified by the law of the jurisdiction where the Project is located, requesting withdrawal of its Bid. Upon providing evidence of such error to the reasonable satisfaction of the Architect, the Bid shall be withdrawn and not resubmitted. If a Bid is withdrawn pursuant to this Section 4.4.3, the bid security will be attended to as follows:

(State the terms and conditions, such as Bid rank, for returning or retaining the bid security.)

ARTICLE 5 CONSIDERATION OF BIDS

§ 5.1 Opening of Bids If stipulated in an advertisement or invitation to bid, or when otherwise required by law, Bids properly identified and received within the specified time limits will be publicly opened and read aloud. A summary of the Bids may be made available to Bidders.

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:16:00 ET on 03/05/2024 under Order No.4104250726 which expires on 03/02/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1782001487)

§ 5.2 Rejection of Bids Unless otherwise prohibited by law, the Owner shall have the right to reject any or all Bids.

§ 5.3 Acceptance of Bid (Award) § 5.3.1 It is the intent of the Owner to award a Contract to the lowest responsive and responsible Bidder, provided the Bid has been submitted in accordance with the requirements of the Bidding Documents. Unless otherwise prohibited by law, the Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner’s judgment, is in the Owner’s best interests.

§ 5.3.2 Unless otherwise prohibited by law, the Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the lowest responsive and responsible Bidder on the basis of the sum of the Base Bid and Alternates accepted.

ARTICLE 6 POST-BID INFORMATION

§ 6.1 Contractor’s Qualification Statement Bidders to whom award of a Contract is under consideration shall submit to the Architect, upon request and within the timeframe specified by the Architect, a properly executed AIA Document A305™, Contractor’s Qualification Statement, unless such a Statement has been previously required and submitted for this Bid.

§ 6.2 Owner’s Financial Capability A Bidder to whom award of a Contract is under consideration may request in writing, fourteen days prior to the expiration of the time for withdrawal of Bids, that the Owner furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner’s obligations under the Contract. The Owner shall then furnish such reasonable evidence to the Bidder no later than seven days prior to the expiration of the time for withdrawal of Bids. Unless such reasonable evidence is furnished within the allotted time, the Bidder will not be required to execute the Agreement between the Owner and Contractor.

§ 6.3 Submittals § 6.3.1 After notification of selection for the award of the Contract, the Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, submit in writing to the Owner through the Architect:

.1 a designation of the Work to be performed with the Bidder’s own forces;

.2 names of the principal products and systems proposed for the Work and the manufacturers and suppliers of each; and

.3 names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work.

§ 6.3.2 The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents.

§ 6.3.3 Prior to the execution of the Contract, the Architect will notify the Bidder if either the Owner or Architect, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder’s option, withdraw the Bid or submit an acceptable substitute person or entity. The Bidder may also submit any required adjustment in the Base Bid or Alternate Bid to account for the difference in cost occasioned by such substitution. The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited.

§ 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect.

ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND

§ 7.1 Bond Requirements § 7.1.1 If stipulated in the Bidding Documents, the Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder.

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:16:00 ET on 03/05/2024 under Order No.4104250726 which expires on 03/02/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1782001487)

§ 7.1.2 If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to the Bid in determining the Contract Sum.

§ 7.1.3 The Bidder shall provide surety bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located.

§ 7.1.4 Unless otherwise indicated below, the Penal Sum of the Payment and Performance Bonds shall be the amount of the Contract Sum.

(If Payment or Performance Bonds are to be in an amount other than 100% of the Contract Sum, indicate the dollar amount or percentage of the Contract Sum.)

§ 7.2 Time of Delivery and Form of Bonds § 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to commence sooner in response to a letter of intent, the Bidder shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section 7.2.1.

§ 7.2.2 Unless otherwise provided, the bonds shall be written on AIA Document A312, Performance Bond and Payment Bond.

§ 7.2.3 The bonds shall be dated on or after the date of the Contract.

§ 7.2.4 The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix to the bond a certified and current copy of the power of attorney.

ARTICLE 8 ENUMERATION OF THE PROPOSED CONTRACT DOCUMENTS

§ 8.1 Copies of the proposed Contract Documents have been made available to the Bidder and consist of the following documents:

.1 AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor, unless otherwise stated below.

(Insert the complete AIA Document number, including year, and Document title.)

.2 AIA Document A101™–2017, Exhibit A, Insurance and Bonds, unless otherwise stated below.

.3 AIA Document A201™–2017, General Conditions of the Contract for Construction, unless otherwise stated below.

.4 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below:

(Insert the date of the E203-2013.)

.5 Drawings

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:16:00 ET on 03/05/2024 under Order No.4104250726 which expires on 03/02/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1782001487)

Number Title Date

.6 Specifications

Section Title Date Pages

.7 Addenda:

Number Date Pages

.8 Other Exhibits:

(Check all boxes that apply and include appropriate information identifying the exhibit where required.)

[ ] AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below:

(Insert the date of the E204-2017.)

[ ] The Sustainability Plan:

Title Date Pages

[ ] Supplementary and other Conditions of the Contract:

Document Title Date Pages

.9 Other documents listed below:

(List here any additional documents that are intended to form part of the Proposed Contract Documents.)

WARREN GENERAL CONDITIONS

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GENERAL CONDITIONS (Effective November 15, 2022)

SIGNATURE

Bids and all information requested of the vendor shall be entered in the appropriate space on the bid form and Signature Page. Failure to do so may disqualify your offer.

An authorized officer or employee of the vendor shall sign all bids.

ELECTRONIC BID SUBMISSION

Electronic bids shall be submitted via the BidNet (MITN) system by the date specified and at or prior to the time specified to be considered. Late bids, e-mail, telegraphic, sealed, or telephone bids will NOT be accepted.

Bids received after 12:30 pm of the date they are due will not be accepted.

RELATIONSHIP DISCLOSURE

It is required that any relationship (business or personal) to a City employee or official be disclosed.

This includes employment or other professional engagements.

ALTERATION OF BID DOCUMENTS

Vendor changes or alterations to the bid documents, including the specification, may result in the bid being considered non-responsive and/or the Bidder being debarred. The only authorized vendor changes to the bid documents will be in the areas provided for the Bidder’s response including the “Exceptions” section of the bid and on separate attached sheets submitted by the vendor. Vendor shall clearly identify product offered and deviations from the specification. If a change or alteration to the bid document is undetected, and the bid is awarded the contract, the original terms, conditions, and specification in the authorized version of the bid document will be applicable during the terms of the contract. Bidders are responsible for ensuring they have obtained all relevant documents including amendments, clarifications, changes, drawings, etc. as made available by the City.

PRICES

Prices quoted shall be for new products in current production unless otherwise specified. Where refurbished or discontinued items are offered they shall be clearly identified as such.

Prices quoted shall be exclusive of any rebates due the City. Any rebates the City may be entitled to should be shown as a separate line item and include expiration date.

Corrections and/or modifications received after the bid closing time specified will not be accepted.

Unit prices prevail.

All information shall be entered in ink or typewritten. Mistakes may be crossed out and corrections inserted before submission of your bid. The person signing the bid shall initial corrections in ink.

All prices will be proposed F.O.B. DESTINATION, INCLUDE ALL DELIVERY AND ANY ADDITIONAL

CHARGES and remain in effect as specified in the bid.

AWARD

Unless otherwise stated in the bid documents, the City cannot guarantee exclusivity of the contract for the proposed products or services.

WAREN GENERAL CONDITIONS

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Award of the bids shall be based upon a combination of factors, including but not limited to, adherence to bid requirements, references and any other factors that may be in the City’s best interest.

The City reserves the right to reject any and all bids, and to waive any defect or irregularity in bids. The City reserves the right to accept and separate items in the bid and to accept the bid that, in the opinion of the City, is to the best advantage and interest of the public we serve. The

City also has the right to re-solicit bids if it is deemed to be in the best interest of the City .

The City reserves the right to reject low bids which have major deviations from our specifications;

to accept a higher bid which has only minor deviations. By signing the bid, Bidders agree to accept a split award unless the Bidder clearly indicates that it takes Exception. The bid will be awarded to that responsible, responsive firm whose bid, conforms to this solicitation and will be most advantageous to the City, with regard not only to price but also to availability of product, location and quality of product considered.

The City reserves the right to award all line items, to make no award or to award on an individual line item basis, whichever is deemed to be in the best interest of the City.

Time of delivery may be a consideration in the award.

The City reserves the right to consider as unqualified to perform the contract any bidder who does not habitually perform with its own forces seventy-five (75%) of the work involved.

TERMINATION

1. Failure to Perform. The City may terminate a bid award for the failure to perform a term of the bid specifications to the satisfaction of the City. The City shall provide ten (10) days advance written notice to the Awarded Vendor for the failure to perform services or for the violation of any other term of the bid specifications. Unless futile or the violation is recurring, the City shall provide notice and the opportunity to cure the violation prior to termination. Such notice to cure shall be given in writing by first-class mail. In the event of a dispute, or in order to avoid interruption of service, the City may engage another to perform the work and the Awarded

Vendor shall be responsible for any costs the City incurs as a result of the Awarded Vendor’s violation. The City may withhold payment to offset any damages the City incurs as a result of the

Awarded Vendor’s violation.

2. At Will. A bid award may be terminated at will by the City upon a minimum of thirty (30) days prior written notice to the Awarded Vendor. In the event of termination as provided in this subsection, the Awarded Vendor will be compensated for all services performed and approvable reimbursable expenses from the inception date to the termination date provided the services performed and the expenses were provided in accordance with the bid specifications. Payment shall be made upon the Awarded Vendor delivering to the City all information and materials retained by the Awarded Vendor, affiliates, or subcontractors in performing the services described in the bid specifications, whether completed or in progress.

3. MISREPRESENTATION. In addition, the City may reject this Bid, or cancel a contract with an

Awarded Vendor, if there is evidence of any misleading or intentionally fraudulent information or documents provided in connection with this Bid.

SPECIFICATION

Brand names and numbers, when used, are for reference to indicate the character or quality desired, unless specifically stated “No Substitutes”.

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Alternate items of the same quality will be considered, provided your offer clearly describes the article. Offers for alternate items shall state the brand and number, or level or quality. When the bidder does not state brand, or level of quality, it is understood the offer is exactly as specified.

All products and services shall be in accordance with all applicable federal, state and local statutes, rules, ordinances, etc.

All personnel shall have the appropriate licenses with endorsements for the work performed.

In addition, any personnel driving a vehicle on City property shall have the appropriate valid driver’s license and have or exceed minimum statutory insurance requirements.

E-VERIFY

Any bidder, attesting to his bid by signature, is affirming that the Bidder has registered with, participates in and utilizes the E-Verify Program (or any successor program implemented by federal Department of Homeland Security and Social Security Administration) to verify the work status of all newly hired employees employed by the Bidder.

NON-IRAN LINKED BUSINESSES

By signing below, Bidder certifies and agrees on behalf of Bidder and the company submitting this bid the following: (1) that the Bidder is duly authorized to legally bind the company submitting this bid; (2) that the company submitting this bid is not an “Iran linked business,” as defined in Section 2(e) of the Iran Economic Sanctions Act, being Michigan Public Act No. 517 of

2012; and (3) that Bidder and the company submitting this bid will immediately comply with any further certifications or information submissions requested by the City in this regard.

ASSIGNMENT OF AGREEMENT – OTHER CONTRACTORS.

The Awarded Vendor shall not assign the contract or any part thereof without the written consent of the City.

PERIOD AGREEMENTS

No Exclusive Contract/Additional Services. The Awarded Vendor agrees and understands that the contract shall not be construed as an exclusive agreement and that the City may, at any time, secure similar or identical services at its sole option.

Any contract executed pursuant to this Bid, which is for a specific term shall include for an extension of the contract term, at the option of the City, as follows:

The City shall have the sole option to extend the contract herein for a period of two months by written notice to the Awarded Vendor exercising the option served at least ten days prior to the expiration date of the contract. In the event such option is exercised by City, all of the provisions of the contract shall remain in full force and effect other than the date of expiration of the contract.

The quantities have been estimated for bid award purposes and may be estimated based on past usage. The quantities may increase or decrease and the City makes no representation as to guarantee of usage. The quantities are estimated on an annual basis.

PAYMENT TERMS

The City’s normal payment terms are 45 days in connection with cash discounts specified with this bid. Time will be computed from the date of complete delivery of services, supplies, or equipment, as specified, or from the date correct invoices are received in the Office of the City

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Controller, if the latter is later than the date of delivery. Prices will be considered as net if no cash discount is shown.

Progress payments will be made on the basis of hours of work completed during the course of the engagement in accordance with the firm's fee bid. Interim billings shall cover a period of not less than a calendar month.

MICHIGAN FREEDOM OF INFORMATION ACT (FOIA)

All costs incurred in the preparation and presentation of this bid, in any way whatsoever, shall be wholly absorbed by the Bidder. All supporting documentation shall become the property of the

City unless requested otherwise at the time of submission. Michigan FOIA requires the disclosure, upon request, of all public records that are not exempt from disclosure under Section 13 of the

Act, which are subject to disclosure under the Act. Therefore, confidentially of information submitted in response to this RFP is not assured.

EQUAL OPPORTUNITY CLAUSE

This contract requires adherence to the equal opportunity clause, 41 CFR § 60-1.4.

EXCEPTIONS TO THE BID SOLICITATION

Each individual/group shall provide a list of Exceptions taken to this bid. Any Exceptions taken shall be identified and explained in writing. An Exception is defined as the individual/group’s inability to meet a mandatory requirement or exceed a requirement in the manner specified in the bid solicitation. If the Bidder provides an alternative solution when taking an Exception to a requirement, the benefits of this alternative solution shall be explained. The City reserves the right to accept or reject any Exception whichever is deemed to be in the best interest of the City.

WITHDRAWAL OF BID

Bidders may withdraw their bids by submitting a written request over the signature of an authorized individual to the Purchasing Department any time prior to the submission deadline.

Bidders may thereafter submit a new bid prior to the deadline. Modification or withdrawal of the bid in any manner, oral or written, will not be considered if submitted after the deadline.

SAMPLES

Sample of articles, when required, shall be furnished free of any cost to the City of Warren.

Samples of articles selected may be retained for future comparison. Samples which are not destroyed by testing, or which are not retained for future comparison will be returned upon request at the vendor's expense. Unclaimed samples may be destroyed after one (1) year.

TAXES

If vendor supplies tangible products only to the City of Warren, sales taxes should not be included in your bid as the City of Warren is sales tax exempt.

DEFAULT TO CITY

It is understood that any Bidder who is in default to the City at the time of opening its bid shall have its bid declared null and void.

BIDDER DISCLOSURE

The Bidder declares that it has not, nor will it, provide gifts, gift certificates, entertainment, favors, or other gratuities to a City official, employee, agent, or volunteer, or to their families.

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The Bidder acknowledges that if it violates this policy then the City may terminate the contract with the Bidder.

INDEMNITY CLAUSE

To the fullest extent permitted by law, the Bidder expressly agrees to indemnify and hold City and its Affiliates harmless against all losses and liabilities arising out of or related to bodily injury or property damages based upon any act or omission, negligent or otherwise, of Bidder or anyone acting on Bidder’s behalf in connection with or incident to the work to be performed…