JCA Obstruction Removal Bid #24-0118.pdf

Project Specifications

City of Bay City

Bay County, Michigan

Obstruction Removal – Runways 18 (E12 & Airport) & 23 (E11)

December 2023

24-0118

Fed No. B-26-0010-2320 (2220712)

Table of Contents

Advertisement ............................................................................................................................... 1-2

Instructions to Bidders .................................................................................................................. 1-4

Bid Proposal Checklist

Bid Proposal (proposal package for submittal by Contractor) ...................................................... 1-7

Statement of Bidder’s Qualifications ............................................................................................ 1-4

Certification Regarding Debarment, Suspension, and Other Responsibility Matters

Non-Collusion Affidavit

Non-Iran Linked Business Affidavit

City of Bay City, Minority Owned and Women Owned Business Enterprise Certification ......... 1-5

Statement of No Bid

City of Bay City, Standard Contract ............................................................................................. 1-4

Bond Forms

Performance Bond .................................................................................................................. 1-2

Payment Bond

Insurance Certificates (to be furnished by Contractor) ............................................................ [page]

FAA AC 150/5370-10H, Part 1 – General Contract Provisions ................................................. 1-44

Soil Nomenclature and Terminology

Appendix A – Contract Provisions ............................................................................................. 1-43

Equal Employment Opportunity Section .................................................................................... 1-10

City of Bay City, Section 3 Contracting, Policy and Procedures ................................................ 1-18

Federal Labor Standards Provisions (HUD-4010) ........................................................................ 1-5

Special Provision for Taxes .......................................................................................................... 1-2

Special Notice W-9 ....................................................................................................................... 1-2

Form W-9 ...................................................................................................................................... 1-4

Insurance Specifications ............................................................................................................. 1-11

Special Notice for Contract Administration

Sample Safety Plan Compliance Document ................................................................................. 1-3

Part – 2 General Contract Items (AC 150/5370-10H)

C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control0 ................. 1-4

C-105 Mobilization ................................................................................................................ 5-7

Part 3 – Sitework (AC 150/5370-10H)

P-151, Clearing and Grubbing ................................................................................................ 1-3

Part 12 – Turfing (AC 150/5370-10H)

T-901, Seeding ....................................................................................................................... 1-3

T-905, Topsoil ........................................................................................................................ 4-5

T-908, Mulching

MDOT 2020 Standard Specifications for Construction

Section 208 – Soil Erosion and Sedimentation Control ............................................2-41 – 2-48

Section 812 – Temporary Traffic Control For Construction Zone Operations .......8-76 – 8-127

Section 816 – Turf Establishment ......................................................................... 8-143 – 8-154

Section 910 - Geosynthetics ......................................................................................9-91 – 9-95

Section 911 - Water ...................................................................................................9-96 – 9-97

Section 917 – Turf and Landscape Materials ........................................................ 9-132 – 9-141

Section 922 – Temporary Traffic Control Materials ............................................. 9-210 – 9-226

Davis Bacon Wage Rates ............................................................................................................ 1-28

Drawings ....................................................................................................................................... 1-7

CITY OF BAY CITY

JAMES CLEMENTS AIRPORT

INVITATION TO BID

PROJECT DESCRIPTION: BID NO. 24-0118, OBSTRUCTION REMOVAL – RUNWAYS 18 (E12 &

AIRPORT) & 23 (E11)

BID DUE DATE: JANUARY 17, 2024

BID TIME: 2:00 PM

PLANS AVAILABLE: DECEMBER 19, 2023

Sealed bids will be received by the CITY OF BAY CITY, at the Purchasing Department, City Hall, 301 WASHINGTON AVENUE, Room 304, BAY CITY MI, 48708, until 2:00. (local time), on Wednesday, January 17, 2024, at which time and place all bids will be publicly opened and read aloud. ANY BID

RECEIVED AFTER THE SPECIFIED TIME WILL NOT BE CONSIDERED.

The proposed Work includes the following: APPROXIMATELY 17.4 ACRES OF CLEARING AND

GRUBBING ON THREE SEPARATE PARCELS, 19.3 STA OF CLEARING EXISTING DITCH

LINE, AND 84,255 SYD OF SEEDING, MULCHING AND TOPSOILING.

Bidder Qualifications

Bidders shall submit evidence of qualification meeting the requirements of General Contract Provisions 20-02. Possession by the prime contractor of MDOT prequalification at the time of bidding shall be an acceptable form of evidence. In addition, this project includes Designated Item classifications of N2 AND I.

If the prime bidder is not prequalified in the Designated Item classification(s), then it must use a subcontractor that is prequalified in such classification(s). This subcontractor must be designated prior to award of the contract to the confirmed low bidder.

There is a Disadvantage Business Enterprise (DBE) participation goal of 4.00% for this project.

A Mandatory Pre-Bid Meeting for this project will be held on Tuesday, January 9, 2024, AT 10:00 AM.

(Local time) at THE JAMES CLEMENTS AIRPORT, 614 S. RIVER ROAD, BAY CITY, MI 48708. This meeting must be attended in order to submit a bid. Bids will not be accepted unless the bidder has attended the MANDATORY pre-bid meeting and signed the official attendance sheet. Vendor names must be clearly visible on external container of submitted bid package and match the vendor’s name entered on official attendance sheet.

Bidders may secure copies of the Contract Documents at www.bidnetdirect.com. Bidder assumes sole risk for any project specifications and drawings, electronic or hard copy, obtained other than directly from BidNet Direct.

A bid bond, certified check, or cashier’s check payable to Airport Sponsor in an amount equal to five percent (5%) of the total price shall accompany each bid. This surety shall bind the bidder for a period of ninety (90) days after the notification of award.

If the selected contractor fails to provide the required materials and/or execute the contract within fifteen (15) calendar days after being furnished with the necessary contract and bond forms, the proposal guaranty will be forfeited to the Sponsor in accordance with Section 30-08 of the General Provisions.

Each Bidder is individually responsible for the careful examination of the site of the proposed Work, the Proposal, Plans, General Provisions, Technical Specifications, Contract Forms and all requirements of the project. The failure or omission by any Bidder to do so shall in no way relieve any Bidder from any obligation with respect to its bid.

Attention is called to the fact that not less than the minimum salaries and wages as set forth in the contract documents must be paid on this project, and the contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.

The City of Bay City reserves the following rights: to accept or reject any or all bids; and to award the Contract to the most responsive and responsible Bidder whose bid is determined by the City of Bay City to be in its best interest.

Every request concerning this project must be addressed to CITY OF BAY CITY, SCARMIEN@BAYCITYMI.ORG / 989.894.8115. To be given consideration, questions or comments must be received by addressee at least seven (7) days prior to the date fixed for opening of bids. Any supplemental instructions will be in the form of written addenda, which, when issued, will be sent and or posted not later than twenty-four (24) hours prior to the date fixed for the opening of bids. All addenda so issued shall become Part of the Contract and acknowledged by Bidder.

mailto:SCARMIEN@BAYCITYMI.ORG

The Master of this agreement was prepared by the City’s Legal Counsel, Allsopp Wackerly, Attorneys and Counselors, P.C. Any alteration, change, deletion, or modification of the Master requires submittal to the City Attorney.

1 (Revised 06/2016)

INSTRUCTION TO BIDDERS

Sealed proposals will be received by the City of Bay City at the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, Michigan until 2:00 p.m. on

Wednesday, January 17, 2024, for the JCA Obstruction Removal Bid #24-0118, all in accordance with the Bidding Documents, and as otherwise set forth herein.

Each bid must be submitted in a sealed envelope, addressed to the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, Michigan 48708. Each sealed envelope containing a bid must be plainly marked on the outside as JCA Obstruction Removal Bid

#24-0118 and the envelope should bear on the outside the name and address of the bidder.

ARTICLE 1

DEFINITIONS

Bidding Documents (Proposal) include the Bidding Requirements and the Contract

Documents. The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, Addenda, the Proposal Form, and other bidding and contract forms. The Contract Documents consist of the Contract, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Plans, Special Provisions, Standard Specifications for Construction, all Addenda issued prior to execution of the Contract, and all other documents defined as Contract Documents in the General Conditions.

All items listed as a submittal on the Quotation Request form MUST be included in the bid response.

Definitions set forth in the General Conditions of the Contract for Construction or in other

Contract Documents are applicable to the Bidding Documents.

Addenda are written or graphic instruments issued by the City of Bay City prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections. Addenda will be faxed, mailed or delivered to all who are known by the issuing office to have received a complete set of Bidding Documents. Copies of

Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. No Addenda will be issued later than four (4) 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. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in their Bid.

A Bid is a complete and properly signed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents, on the Proposal Form.

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.

A Bidder is a person or entity who submits a Bid.

2 (Revised 06/2016)

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

The Bidder by making a Bid covenants, warrants and represents that:

1. The Bidder has read, thoroughly examined and understands the Bidding Documents.

2. The Bidder has visited the site of the proposed project, become thoroughly familiar with any conditions (surface and subsurface), facilities, difficulties and restrictions that may, in any way, affect the cost, progress and/or performance of the Work; and has correlated the

Bidder's personal observations with the requirements of the Contract Documents. No plea of ignorance of conditions, facilities, difficulties and restrictions that exist or that may be encountered in the execution of the Work under this Contract, arising out of or as a result of failure to make the necessary examinations and investigations, will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the Contract Documents, or will be accepted as a basis for claims for extra compensation.

3. The Bidder has familiarized himself with all applicable federal, state and/or local laws, statutes, ordinances, rules and/or regulations that may, in any way, affect the prosecution of the Work.

4. The Bidder has familiarized himself with the City’s latest edition of the Standard

Specifications for Construction, and understands that these are part of the Bidding

Documents.

5. The Bid is based upon all of the requirements of the Bidding Documents, without exception.

6. The Bidder has disclosed to City any material errors or omissions in the Bidding

Documents known to or discovered by Bidder.

ARTICLE 3

COPIES OF BIDDING DOCUMENTS

Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement for the deposit sum, if any, stated therein.

Bidding Documents will not be issued directly to Sub-bidders or others unless specifically offered in the Advertisement or Invitation to Bid, or in supplementary Instructions to Bidders.

Bidders shall use complete sets of Bidding Documents in preparing Bids and the City of

Bay City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

3 (Revised 06/2016)

In making copies of the Bidding Documents available on the above terms, the City of Bay

City does so only for the purpose of obtaining Bids on the Work and do not confer a license or grant permission for any other use of the Bidding Documents.

Interpretation or Correction of Bidding Documents

The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Purchasing Office any errors, inconsistencies or ambiguities discovered.

Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Purchasing Office at least seven (7) days prior to the date for the opening of Bids. Any inquiry not received within seven (7) days of the date fixed for the opening of Bids will not be given consideration.

Interpretations, corrections and changes of the Bidding Documents will be made by written

Addendum. Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them. Oral interpretations, if made, shall not be binding. The Purchasing Department’s interpretation of the Bidding Documents shall be final.

The Purchasing Department will endeavor to issue interpretations, corrections or changes to all persons known to have received the Bidding Documents. Failure of the Purchasing

Department to send, or of the Bidder to receive, any such interpretations, corrections or changes in the Bidding Documents shall not relieve the Bidder from obligation under his Bid as submitted.

ARTICLE 4

BIDDING PROCEDURES

Form and Style of Bids

Bids shall be submitted on Proposal Forms included with the Bidding Documents. All blanks on the Proposal Form shall be filled in by typewriter or manually in ink. Where so indicated by the makeup of the bid form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. Interlineations, alterations, changes and/or erasures must be initialed by the signer of the Bid. All requested

Alternates shall be bid. If no change in the Base Bid is required, enter "No Change". The Bid shall be for the Work required by the Contract Documents and any Bid not in strict compliance therewith may be rejected as not responsive.

Any general reference made in the bid specifications to a manufacturer's make, model or catalog number is intended to identify specifications as to type and quality of equipment required, but, unless otherwise stated, is not intended to preclude the use of any other make of equipment that is deemed to be equal by the City of Bay City. Any other manufacturer's equipment which is capable of accomplishing the intended purpose and is equal in performance and quality must be approved by the City of Bay City to be considered.

4 (Revised 06/2016)

Bidder shall be responsible for all sales, use, excise, transportation or other taxes, charges, costs, fees or expenses applicable to any of the materials or goods which are a part of the Bid.

Bidder shall be responsible to obtain and pay for all permits and licenses as well as all inspections and approvals which are required for the work covered by the Bidding Documents.

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 make no additional stipulations on the Proposal Form nor qualify the Bid in any other manner.

Each copy of the Bid shall include the legal name of the Bidder and a statement that the

Bidder is a sole proprietor, partnership, corporation or other legal entity. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation or limited liability company or entity shall further give 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.

Basis on Which Proposals are Solicited.

Unit Price Proposals shall be computed on the basis of the Engineer's estimate of the quantities, as listed in the Proposal forms. Prices shall be stated total sum based upon the unit price and quantity specified in the bid document. If there is an error in computing the total sum then the unit price shall govern. It shall be understood that the actual quantities for which the

Contractor shall be determined by measurements of the actual "As Constructed" quantities and may be more or less than the figures stated in the Proposal.

Lump Sum Proposals shall be the total price paid, to the Contractor, for the Project.

Periodic payments, to the Contractor, shall be based upon the actual percentage of the Work completed and further upon a breakdown of the Lump Sum price as submitted by the Contractor.

Bid Security.

Each Proposal must be accompanied by a bid security deposit in the form of an

ORIGINAL bid bond, certified check, bank draft, bank money order, or cashier’s check drawn upon a bank in good standing, or by a surety licensed and admitted to do business in the State of

Michigan, for a sum of not less than five (5%) percent of the amount of the Proposal as a guarantee on the part of the Bidder that he will, if called upon to do so, enter into a Contract in the attached form, to do the Work covered by such Proposal and at the prices stated herein, and to furnish acceptable surety for its faithful and entire fulfillment. The bid security deposit bid bond, certified check, bank draft, bank money order, or cashier’s check shall be made payable to the City of Bay

City, Michigan, and shall be subject to the conditions specified in the Bidding Documents. Should the Bidder refuse to enter into such Contract or fail to furnish the required bonds and certificates or policies of insurance, the amount of the bid security shall be forfeited to the City of Bay City as damages for such refusal and/or neglect.

After Bidders have submitted Proposals, they shall not modify, withdraw or cancel such

Proposals, and all sums deposited with such Proposals may be held by the City of Bay City until all such Proposals submitted have been canvassed and a Contract awarded and executed and bonds

5 (Revised 06/2016) furnished and approved, except that at the expiration of sixty (60) days from the date of opening

Bids any Bidder may withdraw his Bid and all sums deposited with such Proposal in the event the

City of Bay City should at that time be holding his Bid.

Bids to Remain Open

All Bids shall remain open for sixty (60) days after the day of the bid opening, but the City of Bay City may, in its sole discretion, release any Bid and return the bid security prior to that date.

The City of Bay City will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed, and bonds and insurances have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.

Qualifications of Bidders

To demonstrate its qualifications for the Project, the Bidder must submit, if requested, or be prepared to submit upon demand a sworn statement (on the form attached) of the Bidder's legal organization, licensing and qualification to do business, including year organized and/or incorporated and the names and address of officers, partners, shareholders or anyone owning an interest in the entity, background and experience of the principals of Bidder, including a list of work of a similar nature to that covered in the Proposal which has been completed by or is in progress by the Bidder and the year in which the work was done; the principal items of equipment owned by the Bidder which he proposes to use on this Project; a list of trade and bank references;

and a financial statement evidencing the financial ability to successfully complete and properly execute the specified Work. Such sworn statement shall, as requested, be provided to City of Bay

City with the Bid, as early as seven (7) days before the date the Bids are opened or within the sixty

(60) day period during which the Bids may remain open.

Safety and Compliance Records

To demonstrate its qualifications for the project, the bidder must submit safety records.

Safety records shall include citations for all serious violations, willful violations, and/or repeat violations issued by the Michigan Department of Licensing and Regulatory Affairs, Michigan

Occupational Safety and Health Administration (MiOSHA) within the prior 36 months. Bidder shall further indicate if there was a modification or dismissal of the citation, if there is an appeal pending, or if a Settlement Agreement was reached between the Bidder and MiOSHA. Failure to provide safety information, or providing inaccurate or incomplete information, may result in a rejection of the bid.

Bidder shall disclose violations of any state, federal, or local laws, violation of any state or federal prevailing wage laws, workers’ compensation or unemployment compensation laws, rules, or regulations issued to or against the Bidder within the past 5 years. Bidder shall also disclose any disbarment by any state, federal, 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.

6 (Revised 06/2016)

ARTICLE 5

CONSIDERATION OF BIDS

Opening of Bids

Unless stated otherwise in the Advertisement or Invitation to Bid, only the properly identified Bids received on time will be opened publicly and will be read aloud. An abstract of the Bids will be made available to Bidders.

Invitation to Bidders to be Present.

Bidders are invited to be present at the opening of the Proposals.

Award of Bids

The City of Bay City reserves the right to award based on evaluation of the Bids and proposed alternates and any combination thereof as it is determined to be in the best interest of the

City, and which will not exceed the funds available for the project. The City of Bay City reserves the right to waive informalities or irregularities in any Bid. No contract will be awarded until the

City of Bay City has concluded such investigations as it deems necessary to establish the responsibility, qualifications and financial ability of the Bidder to do the work in accordance with the Bidding Documents and Contract to the satisfaction of the City of Bay City within the time prescribed. The City of Bay City reserves the right to reject the Bid of any Bidder who does not pass such investigations to the City of Bay City's satisfaction. In analyzing Bids, the City of Bay

City may take into consideration alternates and unit prices, if requested by the bid forms. In accordance with city ordinance, City Commission may give consideration to manufacturers, retailers, wholesalers or service providers located within the City of Bay City. The Bidder shall execute a Contract in the form which is attached to the Quotation Request if it is the successful bidder.

Rejection of Bids

The City of Bay City shall have the right to reject any or all Bids, to reject a Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or reject a Bid which is in any way incomplete, irregular, not responsive or not responsible. Any bid received by the Purchasing Office after 2:00 p.m. Eastern Standard Time on the date first set forth above will be rejected and returned to the bidder.

Local Preference Policy

The City of Bay City utilizes a Local Preference Policy in order to encourage local vendors to provide goods and/or services to Bay City Government. Copies of this policy and the required qualifying affidavit are available on the City of Bay City web site (www.baycitymi.org). Vendors seeking to qualify as local vendors may submit an executed affidavit on an annual basis or return the executed affidavit along with their bid submission. The City of Bay City may, in its sole discretion, accept and consider an affidavit from a vendor seeking to qualify as a local vendor at any time.

7 (Revised 06/2016)

ARTICLE 6

POST-BID INFORMATION

Submittals

The Bidder shall, as soon as practicable after notification of selection for recommendation of the award of a Contract, but no later than ten (10) days thereafter, furnish to the City of Bay

City, through the Purchasing Department, in writing:

1. A designation of the Work to be performed with the Bidder's own forces;

2. Names of the manufacturers, products and the suppliers of principal items or systems of materials and equipment proposed for the Work; 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.

The Bidder will be required to establish to the satisfaction of the City of Bay City, the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents.

Prior to the award of the Contract, the City of Bay City will notify the Bidder in writing if the City, after due investigation, has reasonable objection to a person or entity proposed by the

Bidder. If the City of Bay City has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) withdraw the Bid, or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The City of Bay City may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited.

Persons and entities proposed by the Bidder and to whom the City of Bay City 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 City of Bay City.

Payment Terms.

Unless otherwise provided in the Contract, the City of Bay City’s payment terms are Net

60 days for approved invoices. Payment by the City of Bay City to the Bidder shall not constitute a waiver or release of the City of Bay City’s right to assert any claim against the Bidder.

ARTICLE 7

WARRANTIES AND PATENTS

Warranty Specifications

Bidder expressly warrants that all the materials and articles covered by its Bid or other description or specification furnished by the City of Bay City will be in exact accordance with the order, description or specification and free from defects in material and/or workmanship, 8 (Revised 06/2016) merchantable, and fit for its intended purpose. Bidder also warrants that all machinery, equipment, materials, furnishings and other products which are part of the work covered by the Bidding

Documents will be installed and/or incorporated in the work in strict accordance with the manufacturer’s and/or supplier’s instructions and requirements. The preceding warranties shall survive delivery and installation, and shall not be deemed waived either by reason of the City of

Bay City's acceptance of the materials or articles or by payment for them. Any deviations from the Bidding Documents, or any other exceptions or alterations, must be approved in writing by the

City of Bay City's Purchasing Agent.

Pavement Warranty

On projects utilizing state or federal funding, which include $2 million or more in paving related components, the Bidder shall provide a Hot Mix Asphalt Warranty and/or a

Concrete Pavement Warranty, as applicable. The Warranty shall meet the requirements of MCL

247.663 and shall utilize the form documents, terms and definitions approved by the Michigan

Department of Transportation including, but not limited to, the contract warranty provisions, warranty bond, the terms of special provisions, the specifications for warranty work included in the contract and the warranty inspection guidelines. This requirement may be waived by the City of Bay City if it determines, in its sole discretion, that warranty/bonding is not feasible.

Compliance with Law

Bidder covenants and agrees that it will comply with all applicable federal, state and local laws, statues, ordinances, rules and regulations, including OSHA and MIOSHA, concerning or relating to the materials, machinery, equipment and/or goods to be sold or provided to the City of

Bay City in its Bid.

Patents

Bidder covenants and warrants that the materials, articles and goods [“product”] purchased hereunder do not infringe upon any letters patent granted by the United States, and Bidder covenants and agrees to hold the City of Bay City, and its successors, assigns, customers and users of the product, harmless against any claim or demand based upon such infringement, and after notice, to appear and defend at its own expense any suits at law or in equity arising therefrom.

ARTICLE 8

PERFORMANCE BOND AND PAYMENT BOND

Surety Bonds

The Contractor shall furnish a surety bond in an amount at least equal to 100% of the

Contract Price as security for faithful performance of the Contract. The Contractor shall furnish a separate surety bond in an amount at least equal to 100% of the Contract Price as security for payment of all persons performing labor and furnishing materials in connection with the Contract.

The Contractor shall furnish a separate Maintenance and Guaranty Bond in an amount at least equal to 25% of the Contract Price as security for the faithful performance of all guarantees and warranties made in connection with the Contract. The premium for the bonds described above shall be paid by the Contractor. The form of the bonds shall be as appended herewith. The surety

9 (Revised 06/2016) of the bond shall be a duly authorized surety company with a "Certificate of Authority of the Surety

Company" to do business in the State of Michigan. The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.

Insurance Requirements

Bidder shall purchase and maintain such insurances as are appropriate for the work being performed and furnished, including materials, and as will provide protection from all claims which may arise out of, result from or is caused by Bidder's performance and furnishing of the Work and

Bidder's other obligations under the Bidding Documents and Contract, whether it is to be performed or furnished by Bidder, by any Subcontractor or Supplier, by anyone directly or indirectly retained, consulted or employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. ALL OF THE POLICIES OF

INSURANCE SO REQUIRED TO BE PURCHASED AND MAINTAINED (OR THE

CERTIFICATES OR OTHER EVIDENCE THEREOF) SHALL CONTAIN A PROVISION OR

ENDORSEMENT THAT THE COVERAGE AFFORDED WILL NOT BE CANCELED,

MATERIALLY CHANGED OR RENEWAL REFUSED UNTIL AT LEAST THIRTY (30)

DAYS PRIOR WRITTEN NOTICE HAS BEEN GIVEN TO CITY OF BAY CITY BY

CERTIFIED MAIL. All such insurance shall remain in effect until final payment and at all times thereafter when Bidder may be correcting, removing or replacing defective Work. All insurances shall be obtained from companies licensed and admitted to do business in the State of Michigan.

All Contractors shall be required to strictly comply with the insurance requirements as specified in Article 6 of the General Conditions.

Time of Delivery of Bonds and Insurance Certificates

Contractor shall deliver to the City of Bay City such bonds and certificates or policies of insurance as Contractor, or any subcontractor, may be required to furnish in accordance with

Article 6, or in any other Contract Document within ten (10) days of the City's Commission's approval of the Contract unless a shorter period is set forth in a Notice to Proceed. In no event shall Contractor commence any of the Work until such bonds and certificates of insurance have been provided to and approved by the City of Bay City. Contractor's failure, refusal or neglect to provide the required bonds and insurances within this time frame shall give the City of Bay City, at its sole discretion, the right to immediately terminate the Contract without recourse by

Contractor. Contractor waives and releases the City of Bay City from all legal and equitable remedies it may have against the City of Bay City if it fails, refuses or neglects to provide the required bonds and insurances.

Prevailing Wages and Fringe Benefits

The City’s ordinance requiring the payment of prevailing wages and fringe benefits for construction mechanics, Article VIII of Chapter 2 of the Bay City Code of Ordinances, has been repealed. However, the payment of prevailing wages and fringe benefits for construction mechanics will be required if the proposed project is financed in whole, or in part, with state or federal funds. Bidder/Contractor is solely responsible for making diligent inquiry and determining

10 (Revised 06/2016) if the payment of prevailing wages and fringe benefits for construction mechanics is required for the project.

Non-Discrimination in Employment

Contracts for Work under this Proposal will obligate the Contractor and Its Subcontractors not to discriminate in employment practices in accordance with section 66-54 of the Bay City Code of Ordinances. Contractor covenants that neither it nor its subcontractors shall discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation, or gender identity. Breach of this covenant may be regarded as a material breach of the Contract. Bidders must submit with their initial bid a signed

COMPLIANCE REPORT AND PLAN OF ACTION FOR CITY CONTRACTORS statement

(unless there is a current copy on file with the City). Successful Bidders must be prepared to comply in all respects with the Contract provisions regarding non-discrimination.

Name and Status of Bidder

The name and legal status of the Bidder shall be stated in the Proposal.

In the case of a corporate or limited liability company Bidder, the signature of the signing official shall be accompanied by a copy of a resolution of the board of directors of the corporation authorizing the official to sign both the proposal form and the Contract. The copy of the resolution shall be certified by the secretary of the corporation or entity and shall bear the seal of the corporation or entity. In the event the corporation or entity does not have a seal, then notarization of the entity's secretary's certifying signature shall be required.

In the case of partnership, either all partners shall sign the Proposal form and Contract, or where less than all sign, their signatures shall be accompanied by a notarized power of attorney executed by those not signing, authorizing the signatures of those who do sign. The place of residence of each Bidder, or the office address in the case of a firm or company, with county and state, must be given after his signature.

ARTICLE 9

AWARD OF CONTRACT

Award of Contract.

The award of the Contract, if it is awarded, will be to the lowest responsible Bidder whose qualifications indicate the award will be in the best interest of the City of Bay City and whose

Proposal has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The City of Bay City absolutely reserves the right to waive informalities or irregularities in any Bid received or to reject any part of or all Bids. No “Notice of Tentative Award” will be given until the City Engineer has concluded such investigations as it deems necessary to establish the responsibility, qualifications and financial ability of the Bidder to do the Work in accordance with the Contract Documents to the satisfaction of the City of Bay

City within the time prescribed. The City of Bay City reserves the right to reject the Bid of any

11 (Revised 06/2016)

Bidder who does not pass such investigations to the City of Bay City's satisfaction. In analyzing

Bids, the City of Bay City may take into consideration alternates and unit prices, if requested by the bid forms. The City of Bay City will give the recommended successful Bidder a “Notice of

Tentative Award” within sixty (60) days after the opening of the Bids. Notwithstanding anything herein to the contrary, only the City of Bay City Commission may award a contract to the successful Bidder.

CHECK LIST BEFORE SUBMITTING BID

YES

Before the bid due date, it is the vendors responsibility to check the BidNet Direct bid system for any Addendums that may have been issued www.bidnetdirect.com.

The full addendum document and any other items noted as such must be returned and included with your sealed bid

Is the Quotation Request signed by an authorized representative of your company?

Did you submit your proposal using the Proposal Form/Unit Price Proposal Form that is part of the bidding documents?

Did you sign the Non-Collusion and Non-Iran Linked Business Affidavits and include them with your sealed bid?

Did you fill out and sign the Statement of Bidders Qualifications and include it in your sealed bid?

Did you fill out and sign the Equal Employment Opportunity Compliance report and include it in your sealed bid?

Did you fill out and submit the debarment certification?

Did you read and fill out the Appendix E: Contractor Affidavit from the Section 3 Procedure and include it with your sealed bid?

If applicable, did you read and fill out the MBE-WBE documentation?

Did you read and respond to the Certification of Offerer/Bidder Tax Delinquency and Felony Convictions Form?

If applicable, did you read the sample contract/agreement and understand that if you are awarded the contract that the contract will be finalized to include description of work, term and economic specifics of this bid? Do you also understand that the standard terms contained in the sample contract/agreement are in final form (i.e. liability, indemnity, insurance) and not subject to further negotiation?

Are you submitting your original bid plus ONE (1) copy as required?

If your bid is over $50,000.00, do you have a bid security deposit in the form of an ORIGINAL bid bond, certified check, bank draft, bank money order, or cashier’s check (If applicable) Multiple year bids must be added together to get your total bid amount If submitting an alternate bid along with your original bid, only one (1) of the above-mentioned items is required.

NOTE: An original bid bond, certified check, bank draft, bank money order or cashier’s check in the amount of five percent (5%) of the total amount of bid must be submitted with any bid in excess $50,000.00. Facsimiles or copies of a bid bond will not be accepted, and the bid will be deemed non-responsive.

Is your business Bay City based and eligible under the Local N/A Purchasing Preference Policy?

If yes, has your business submitted an executed Local Vendor Affidavit this calendar year? The Local Vendor Affidavit can be found on the City of Bay City’s website at www.baycitymi.org under Purchasing.

Is the outside of your envelope/package labeled properly including the bid number?

Pursuant to the Charter of the City of Bay City, written contracts involving the expenditure of $50,000.00 or more shall require the approval of City Commission.

The mayor shall have the power to veto any ordinance, resolution, motion, order or other action of the commission within five business days after its passage (Article 4, Section 4.3). The contract must be signed by the mayor and clerk. No employee has the authority to bind the City to any contract.

Purchasing Department QUOTATION REQUEST 301 Washington Avenue Bay City, MI 48708

Date: December 19, 2023

Sealed bids must be received at the address below NOT later than 2:00 PM Michigan Local Time, Wednesday, January 17, 2024

BIDS not complying with above will be REJECTED and returned to bidder unopened.

BIDDER:

________________________________ Prices for sealed bid must be stated on the Proposal ________________________________ Form of this bid package. If not interested or unable ________________________________ to bid, please RETURN the Statement of No Bid.

Susan Carmien, CPPB, Purchasing Manager Susan Carmien, CPPB, Purchasing Manager

PLEASE NOTE:

• ALL ITEMS LISTED AS “REQUIRED WITH SUBMISSION” AND “REQUIRED WITH SUBMISSION

REGARDLESS OF ANY PREVIOUS SUBMISSIONS” MUST BE IN BID PACKET AND IF ANY ARE MISSING

THE BIDDER’S BID PACKET WILL BE DEEMED NON-RESPONSIVE WITH NO EXCEPTIONS.

ITEM AND DESCRIPTION

The City of Bay City is accepting sealed bids for JCA Obstruction Removal Bid #24-0118

All sealed bids are to be received at the City of Bay City, Purchasing Department, 301 Washington Avenue, Room 304, Bay City, MI 48708 no later than 2:00 p.m. Michigan Local Time on: Wednesday, January 17, 2024

A Mandatory Pre-Bid Meeting for this project will be held on Tuesday, January 9, 2024, AT 10:00 AM. (Local time) at THE JAMES CLEMENTS AIRPORT, 614 S. RIVER ROAD, BAY CITY, MI 48708. This meeting must be attended in order to submit a bid. Bids will not be accepted unless the bidder has attended the MANDATORY pre-bid meeting and signed the official attendance sheet. Vendor names must be clearly visible on external container of submitted bid package and match the vendor’s name entered on official attendance sheet.

ALL ITEMS LISTED AS REQUIRED WITH SUBMISSION MUST BE INCLUDED WITH BID PACKET

All respondents must conform to the following:

Quotation Request…………………………………………………..…………………..Required with submission

Proposal Form/Unit Price Proposal Form……….………………………………………Required with submission

Specifications/Scope of Work

Addendum(s) (if issued)………………………………………………………….……..Required with submission

Non-Collusion Affidavit…………………………………………………….…………..Required before final award regardless of any previous submissions Non-Iran Linked Business Affidavit………………………………………….……….. Required before final award regardless of any previous submissions Statement of Bidders Qualifications…………………………………………………….Required with submission regardless of any previous submission Instructions to Bidders

EEO………………………………………………………………………………………Required with submission regardless of any previous submission

Debarment Certification…………………………………………………………………Required with submission regardless of any previous submission Section 3 Procedure (Appendix E: Contractor Affidavit) ………………………………Required with submission regardless of any previous submission MBE-WBE Documentation (if applicable)

Bonds

• Bid (ORIGINAL Bid Bond if bid is $50,000.00 or more (See Instructions to Bidders) Required with submission

• Performance (Prior to issuance of Notice to Proceed)

• Labor & Material (Prior to issuance of Notice to Proceed)

HUD 4010

Wage Decision

Sample Contract NON-NEGOTIABLE (bid will be deemed non-responsive if vendor cannot agree to terms and conditions)

Statement of No Bid (only if applicable)

One original and one copy of bid………………………………………………………....Required with Submission

**Before the bid due date, it is the bidder’s responsibility to check the BidNet Direct bid system for any Addenda that may have been issued.**

Any questions regarding this bid must be submitted in writing to the Purchasing Department via e-mail no later than 3:00 p.m. one

(1) week prior to bid opening.

Susan Carmien, CPPB Purchasing Manager scarmien@baycitymi.org (989)894-8115

If awarded the bid, and a contract is fully executed, we hereby agree to furnish and invoice above listed materials or services delivered or performed in accordance with the City of Bay City’s specifications, requirements and terms as specified herein at prices specified.

BIDDER’S BUSINESS NAME

SIGNATURE TITLE

PRINT NAME

ADDRESS

PHONE E-MAIL ADDRESS

DATE

mailto:scarmien@baycitymi.org

The Master of this agreement was prepared by the City’s Legal Counsel, Allsopp Wackerly, Attorneys and Counselors, P.C. Any alteration, change, deletion, or modification of the Master requires submittal to the City Attorney.

1 (Revised 02/2023)

PROPOSAL FORM

for

City of Bay City

PURCHASING DEPARTMENT Date: January 17, 2024

City of Bay City 301 Washington Avenue

The Project is: JCA Obstruction Removal Bid #24-0118.

A Mandatory Pre-Bid Meeting for this project will be held on Tuesday, January 9, 2024, at 10:00 AM. (Local time) at THE JAMES CLEMENTS AIRPORT, 614 S. RIVER ROAD, BAY CITY, MI 48708. This meeting must be attended in order to submit a bid. Bids will not be accepted unless the bidder has attended the MANDATORY pre-bid meeting and signed the official attendance sheet. Vendor names must be clearly visible on external container of submitted bid package and match the vendor’s name entered on official attendance sheet.

Ladies and/or Gentlemen:

We, the undersigned, doing business as _____________________, and hereinafter known as the Bidder, hereby propose, and if this Proposal is accepted, agree to enter into a Contract in the form attached hereto, which forms a part of the Contract Documents, with the City of Bay City, Michigan to furnish all equipment, machinery, building materials, skills, tools, labor, and all other performances and responsibilities required for the Project as specified in the Bidding Documents, for the sum of _____________________________ (_____________) Dollars. If bid is in excess of $50,000, an ORIGINAL bid bond, certified check, bank draft, bank money order, or cashier’s check in an amount equal to five (5%) percent of the amount of the Proposal herein, drawn to the order of the City of Bay City, Michigan is attached hereto.

The undersigned, as Bidder, declares, warrants, and represents that:

1. The Bidder has read, thoroughly examined, and understands the Bidding Documents.

2. The Bidder understands that the Contract Documents consist of those documents defined as such in Article 1 of the General Conditions; which with other documents listed in this Contract and Modifications issued after execution of this Contract form the Contract, and are as fully a part of the Contract as if attached to this Contract or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral.

3. The Bidder has visited the site of the proposed project, become thoroughly familiar with any conditions (surface and subsurface), facilities, difficulties, and restrictions that may in any way affect the cost, progress, and/or performance of the Work and has correlated the

2 (Revised 02/2023)

Bidder's personal observations with the requirements of the Contract Documents. No plea of ignorance of conditions, facilities, difficulties, and restrictions that exist or that may be encountered in the execution of the Work under this Contract arising out of or as a result of failure to make the necessary examinations and investigations will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the Contract Documents or will be accepted as a basis for claims for extra compensation.

4. The Bidder has familiarized himself with all applicable federal, state, and/or…