Pontiac Booster Station RFP 4-1-2025 js (1).pdf

SPECIFICATIONS

FOR

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

PONTIAC BOOSTER STATION WINDOW REPLACEMENT

PONTIAC, MICHIGAN

ISSUED FOR BIDS

MARCH 25, 2025

HRC JOB NO. 20201012

555 Hulet Drive P.O. Box 824 Bloomfield Hills, Michigan 48303-0824

OAKLAND COUNTY WRC TABLE OF CONTENTS

PONTIAC BOOSTER STATION WINDOW REPLACEMENT 00010 / 1

Hubbell, Roth & Clark, Inc.

Job 20201012

TABLE OF CONTENTS

NUMBER SECTION NAME PAGE NUMBER

00001 Title Page............................................................................................................................1 only 00010 Table of Contents ...............................................................................................................1 only WRC ADV Advertisement (DC-116)....................................................................................................1 only WRC IB Information for Bidders (DC-119).................................................................................1 thru 11 WRC Q Experience and Qualifications Statement (DC-118)......................................................1 thru 19 WRC P Proposal (DC-123) ....................................................................................................P-1 thru P-8 WRC A Agreement (DC-117).............................................................................................A-1 thru A-17 WRC LMB Labor and Material Bond (DC-132).............................................................LMB-1 thru LMB-2 WRC MGB Maintenance & Guarantee Bond (DC-133) ................................................MGB-1 thru MGB-2 WRC PB Performance Bond (DC-134) ..............................................................................PB-1 thru PB-2 WRC GC General Conditions (OCWRC) ......................................................................................1 thru 71 WRC GS General Specifications ...................................................................................................1 thru 26 WRC Lien Waiver and Release (Full Unconditional) (DC-193) .................................................1 only WRC Lien Waiver and Release (Partial Unconditional) (DC-194) .............................................1 only WRC SC Supplemental Conditions..................................................................................................1 and 2 WRC EP Oakland County E-Verify Statement of Policy ................................................................1 and 2 WRC Vendor Certification (Iran Economic Sanctions Act 517 of 2012)....................................1 only 00702 Enrolled House Bill No. 5541..........................................................................................1 thru 4 00704 Enrolled House Bill No. 1024..........................................................................................1 thru 2

BIDDING REQUIREMENTS - CONTRACT PROVISIONS

DIVISION 1 GENERAL REQUIREMENTS

01005 Administrative Provisions .................................................................................................1 thru 5 01039 Coordination and Meetings ................................................................................................1 and 2 01600 Material and Equipment .....................................................................................................1 and 2 01700 Contract Closeout ..............................................................................................................1 thru 4 01950 Special Project Requirements.............................................................................................1 and 2

DIVISION 2 AND 3 – NOT USED (SEE DRAWINGS FOR SPECIFICATIONS)

DIVISION 4 MASONRY

04100 Mortar and Masonry Grout................................................................................................1 thru 4 04300 Unit Masonry System ......................................................................................................1 thru 10

DIVISION 5 THRU 16 – NOT USED

END OF SECTION

Form DC-116 ADVERTISEMENT

JIM NASH

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page ADV-1 of ADV-1 05/27/2020

PONTIAC BOOSTER STATION WINDOW REPLACEMENT

OAKLAND COUNTY, MICHIGAN

Proposals will be received through BidNet before 10 am on April 30, 2025, by the Office of the Oakland County Purchasing on behalf of Oakland County Water Resources Commissioner, Oakland County, Michigan, Building 95 West, One Public Works Drive, Waterford, Michigan 48328-1907 (“Owner”) for the following scope of work:

Removal and replacement of the windows at the Pontiac Booster Station. New units shall be aluminum, fixed and vented lites as shown on the Drawings. For the east wall of the building, the existing curtain wall shall be removed and infilled with masonry in conjunction with the window replacement work. New interior, exposed CMU and gypsum board column board enclosures shall be painted. Limited landscape restoration is required on east side where wall infill is constructed.

ELECTRONIC PROPOSALS SUBMITTED ONLY THRU BIDNET

Bidders shall review and comply with the Information for Bidders, which is incorporated by reference, and carefully review all Contract Documents, as defined in the Information for Bidders. Bids submitted after the exact time specified for receipt will not be considered.

Bidding documents can be obtained from BidNet Direct (BidNet) website. For questions about BidNet refer to https://www.bidnetdirect.com/.

A pre-bid meeting is scheduled for Wednesday April 10, 2024, at 10:00 am, local time, at the site. The Booster Station site address is 522 S. Opdyke Road, Pontiac, MI. 48341.

Questions, comments, or concerns of any Bidder regarding bidding or the Contract Documents or the project, must be submitted through BidNet at least seven (7) days prior to the date specified for the opening of Bids. No inquiry received less than seven (7) days prior to the date fixed for the opening of Bids will be given consideration.

Addenda issued to Bidders prior to the date of receipt of proposals shall become a part of the Contract Documents and all proposals shall include the work described in each and every Addenda issued.

Failure to attend the meeting shall not relieve the Bidder from compliance with all applicable federal and state laws and regulations, including without limitation the Equal Employment and Minority, Small, and Women's Business Regulations.

A certified or cashier's check or bid bond for a sum not less than five percent (5%) of the amount of the proposal will be required for each proposal.

Owner reserves the right to accept any proposal, to reject any proposal and to waive irregularities in the proposals.

kaerm Highlight

Form DC–119 INFORMATION FOR BIDDERS

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page IB-1 of IB-11 05/27/2020

1. SCOPE OF WORK

The work under this Contract shall consist of the items listed in the Proposal, including all incidentals necessary to fully complete the project in accordance with the Contract Documents.

2. RECEIPT AND OPENING OF BID PROPOSALS

A. Electronic submitted proposals will be received as indicated in the Advertisement for Bids and a confirmation receipt will be sent upon submittal.

B. Proposals must be submitted only on forms provided by Owner. All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid form must be fully executed when submitted and not modified in any way.

C. Proposals will be submitted through www.bidnet.com on or before the time specified in the Advertisement of Bids. Uploaded proposal shall be in one (1) PDF format file with the submitting contractors in the file name.

The Bidder’s name and address shall be clearly identified within the section Expereince Qualifications Form DC-118.

D. Proposals shall be made in full conformity with all the instructions, requirements and conditions set forth in the Information for Bidders and in the Drawings, Specifications and other Contract Documents. Bids are firm, and no bid may be withdrawn for a period of 120 days after submittal. Withdraw of the bid will result in the forfeiture of the Bidder’s Bid Bond.

E. Any bid received after the exact time specified for receipt will not be considered and will be returned to the Bidder unopened. This material requirement is not subject to waiver by Owner.

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Page IB-2 of IB-11 05/27/2020

3. ESCROW BID DOCUMENTS

The three (3) lowest Bidders will be required to place their Bid Documents in escrow within one

(1) business day of the Bid opening in accordance with the attached Escrow Bid Documents Provision Specification. In addition, Owner reserves the right to require additional Bidders to place their Bid documents in escrow also, as provided in the attached Escrow Bid Documents Specification. Such additional Bidders will be notified within 24 hours of the Bid. Contractors bidding this project are required to maintain all bid notes, take offs, and other Bidding Documents required for inclusion in the Escrow Bid Documents. Failure to submit the Escrow Bid Documents as required may result in a rejection of the Bid.

4. DEFINITIONS

Certain terms used in the Contract Documents shall have the meanings indicated in the General Conditions and Supplementary Conditions which are part of the Contract Documents.

5. INSPECTION OF SITE, INSPECTION OF CONTRACT DOCUMENTS, PLANNING AND

ANALYSIS

A. Before submitting a proposal, each Bidder is responsible for inspecting the site of the proposed work, and the surrounding premises, to arrive at a clear understanding of the conditions under which the work is to be performed.

B. Before delivery of its proposal, each Bidder is held to have compared the conditions of the site where work is to be performed with the Contract Documents and to have satisfied itself as to the conditions of the site and surrounding premises, including any obstructions, all excavating, filling in, and quantities, and any other conditions affecting the carrying out of the work, including the weather conditions of the project area. Each Bidder must obtain first-hand information concerning the available facilities for receiving, transporting, handling and storing construction equipment and materials and concerning other local conditions that may affect its work. Each Bidder must acquaint itself with the character and extent of the operations of the Owner and any other contractors in the area of the work, so that the Bidder can plan its work accordingly.

C. Bidders must estimate the quantity of materials, labor and equipment required for the work by examination of the site and a review of the Contract Documents including Addenda, and by carefully considering all other relevant factors. Bidder warrants that by submitting its Bid, it had no misunderstanding concerning the quantities or nature of the work to be performed, and the Bidder will assert no such claim asserting such a misunderstanding.

D. No allowances or extra payment will be made to Contractor because of costs or

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Page IB-3 of IB-11 05/27/2020 expenses occasioned by Contractor’s failure to comply with the provisions of this section, or by reason of error or oversight on the part of the Bidder, or on account of interference by the activities of the Owner or any other contractor where those activities are apparent, or are made known to the Bidders during the bidding process.

E. For bidding purposes, the Bidder is responsible for evaluating the compatibility of proposed construction methods with the Contract Documents, and soil and site information. Bidders must carefully study and compare all portions of the Contract Documents and must notify the Engineer, in writing, prior to the deadline for pre-bid questions, of any concerns, questions, apparent ambiguities, conflicts, incompatibilities, apparent errors, or other discrepancies evident in the Contract Documents.

F. The successful Bidder must complete the work under whatever conditions it may create by its own actions or inactions, sequence of construction, construction means and methods, or other conditions it may create or cause to be created at no additional cost to Owner.

6. UNDERGROUND CONDITIONS

A. The Engineer as no historical geotechnical data for the site but Owner reference Drawings exist for the original Pump Station.

B. Bidders only may rely on technical data contained in such reports except where indicated otherwise in the Contract Documents. Evaluations, analyses, recommendations, or conclusions contained in such reports shall not be relied upon in formulating any Bid for the work. This data is offered to the Bidders as information about underground and site conditions only at the locations at which any soil borings, sampling, or other data collection were made. The Owner does not represent or warrant that the underground conditions encountered at or near the site during construction will generally or specifically conform to underground conditions described in the data in these borings or any accompanying descriptive report.

C. Each Bidder and the Contractor awarded the project shall draw their own conclusions as to site, underground or soil conditions from their own experience, independent knowledge and investigation of the site, and they should each secure such other and additional information and data as they consider necessary or desirable to check and supplement the provided underground data for specific locations. The Contractor is required to complete the work under any job or field condition which was present and/or ascertainable prior to Bidding.

D. All Bidders that seek to conduct any additional underground or site exploration or testing must do so at their own expense as necessary. Such Bidders must contact the Owner and obtain its written permission before proceeding.

E. Any additional exploration conducted by Bidders must be performed in a manner which precludes unnecessary disruption of the soils or which impedes construction operations and must be performed in compliance with the Mineral Well Act, Act No. 315 of the Public Acts of 1969, as amended, MCL 319.211, et. seq. Any Bidder performing exploration work must restore all areas of exploration to its original condition. By entering the site to conduct such investigation and testing, the Bidder agrees to indemnify, defend

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Page IB-4 of IB-11 05/27/2020 and hold harmless all of the persons identified in the indemnity provisions of the General and Supplementary Conditions to the full extent of the indemnity obligation set forth in those Contract Documents.

7. AWARD OF CONTRACT

A. The Contract, if awarded, will be awarded to the lowest, responsive, and responsible bidder, subject to the final approval by the Oakland County Water Resources Commissioner. The Contract will be awarded subject to receipt of funds to finance the project and acquisition of easements, during which time the proposal guarantees of the lowest three responsive, responsible Bidders will be held.

B. The party to whom the Contract is awarded will be required to execute the Agreement and obtain the Performance Bond, Labor and Material Bond and Maintenance and Guarantee Bond and shall provide proofs of insurance coverage in accordance with the Contract Documents within ten (10) calendar days of the delivery date of the Notice of Award to the successful Bidder. The necessary Agreement and Bond forms shall accompany the Notice of Award. If the Contractor awarded the project fails to execute the Agreement, submit Performance Bond, Labor and Material Bond and Maintenance and Guarantee Bond and provide proofs of insurance coverage in accordance with the Contract Documents within ten (10) calendar days of the delivery date of the Notice of Award, the Owner may declare the Contractor in default, in which case the Proposal Guarantee accompanying the Proposal will be forfeited to the Owner.

8. INTERPRETATION OF CONTRACT DOCUMENTS

A. Neither Owner nor the Engineer will give verbal instructions prior to the award of the Contract. Any verbal statements regarding the Contract by any person are not authorized and do not constitute representations, warranties, modifications, agreements, or promises, express or implied, and may not be relied upon by Bidders.

B. Bidders seeking explanations regarding the project or the Contract Documents must submit through BidNet, and if explanations are necessary, a reply will be made in the form of an Addendum, a copy of which will be forwarded to all parties that have taken out Contract Documents. The determination of the necessity of explanations will be in the sole discretion of the Engineer and Owner and no obligation to provide a reply or addendum will be implied.

C. Questions, comments, or concerns of any Bidder regarding bidding or the Contract Documents or the project, must be submitted in writing and in advance of the opening of bids per the time period specified in the Advertisement.

D. Addenda issued to Bidders prior to the date of receipt of proposals shall become a part of the Contract Documents and all proposals shall include the work described in each and every Addenda issued.

9. NAME AND STATUS OF BIDDER

A. The name and legal status of the Bidder, that is, as a corporation, limited liability company, partnership, limited partnership or individual, must be stated in the Proposal.

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B. The place of residence of Bidder, or the office address in the case of a firm or company with county and state, must be stated in the Proposal.

C. Unless the legal status of the Bidder is an Individual, the signature(s) of the signing official(s) must be accompanied by the appropriate Resolution or Certificate Form found at the end of the Proposal, properly executed, authorizing the official(s) to sign both the Proposal Form and the Contract. Failure to submit this form is basis for rejecting the Bid.

10. QUALIFICATION OF BIDDERS AND SUBCONTRACTORS

A. Except as otherwise reserved herein, Owner will only award the Contract to a responsible Bidder. A finding that the Contractor is not responsible in connection with this project shall not necessarily preclude the Bidder from bidding and performing work on other projects for the Owner.

B. Factors to be considered in determining whether Owner’s standard of responsibility has been met shall include, but not be limited to, whether the Contractor has:

1) The appropriate financial, material, equipment, facilities, and personnel resources and expertise available, or the ability to obtain them, necessary to indicate it is capable of meeting all contractual requirements;

2) A satisfactory record of performance;

3) A satisfactory record of integrity;

4) Qualified legally to contract with Owner and has supplied all necessary information in connection with the inquiry concerning responsibility.

5) If Contractor has been deemed non-responsible in the past, provided a detailed explanation of its remedial actions subsequent to the determination to address any concerns expressed by the authority making the declaration such that the authority would consider awarding a contract to the Contractor, notwithstanding past concerns about Contractor’s performance.

C. The Contractor must supply information requested by Owner concerning the responsibility of the Bidder. If the Bidder fails to supply the requested information, the Owner must base the determination of responsibility upon any available information or may find the Bidder non-responsible if such failure is unreasonable. A finding that the Bidder has failed to make a required disclosure or submitted false information may result in immediate disqualification of the Bidder.

D. Within 10 days after bids are received by the Owner, the Contractor who has submitted the low bid must, upon request of the Owner, complete and submit to the Owner the following:

1) MIOSHA Form 300 – “Log of Work-Related Injuries” for the last 3 years.

2) MIOSHA Form 300A - “Summary of Work-Related Injuries & Illnesses” for the

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page IB-6 of IB-11 05/27/2020 last 3 years.

E. In addition to meeting the criteria set forth in this Article, and the submission of the required information requested herein, the ability of the Contractor and its identified Subcontractors to proficiently handle technical issues, safety, scheduling, and administrative issues as demonstrated by its past performance on projects for the Owner, as well as projects for other public agencies, will be considered in determining whether a Contractor is a responsible contractor for this project. Past performance issues to be considered include, but are not limited to, the following:

1) Failure to adhere to and/or comply with Contractor’s obligations in the Contract Documents

2) Failure to follow administrative procedures and provisions in the Contact Documents

3) Submission of false claims or falsely inflated claims

4) Failure to prosecute the work in accordance with the Plans and Specifications included in the Contract Documents

5) Failure to follow bidding instructions.

F. The Bidder shall promptly submit upon request by the Owner, any additional information necessary to satisfy the Owner that the Bidder is adequately prepared to fulfill the Contract.

G. The existence of any judgment, citation, default, finding of non-responsibility or other negative information disclosed by Contactor in its Experience and Qualification Statement or independently discovered by Owner, or Contractor’s failure to provide the certifications required by this Article, will be considered, among all other factors, in determining whether a Contractor is a responsible Bidder for this project. As part of its response, Contractor may submit an explanation of the facts giving rise to the judgment, citation, default, or negative finding, or reasons why the required certifications cannot be provided, and ask Owner to deem the Contractor both responsive and responsible notwithstanding such facts or omissions.

H. The requirements identified above are not an exhaustive or exclusive list of all qualifications required of the Contractor, its Subcontractors, or personnel. The minimum requirements indicated above are in addition to any other requirements contained elsewhere in the Contract Documents and/or typically considered under state or federal procurement law.

I. Owner may, when circumstances warrant, accept any Bidder as a responsible Bidder despite its failure to meet all of the minimum standards set out herein. To the extent that special circumstances exist which a Bidder believes render the Bidder a qualified and responsible Bidder for this project, despite the failure to meet one or more of the standards for qualification set out herein, the Bidder may submit a notarized sworn statement explaining the special circumstances and requesting consideration of its Bid.

Notwithstanding the foregoing, Owner has no obligation to consider such special

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page IB-7 of IB-11 05/27/2020 circumstances, or to disregard the requirements set forth in this Article and elsewhere in the Contract Documents and deem the Bidder responsible.

J. Bidder must attend a pre-award conference to satisfy the Owner that the Bidder is adequately prepared to fulfill the Contract.

K. If a Bidder who otherwise would have been awarded a contract is found non-responsible, a written determination of non-responsibility setting forth the basis of the finding will be prepared by the Owner upon request. A copy of the determination will be sent promptly to the non-responsible Bidder. The final determination will be made part of the bid file.

L. The Contractor must self-perform at least 51% of the construction trade work as determined by dollar value. This does not include General Conditions.

11. CONTRACTOR AND SUBCONTRACTOR INFORMATION AND LISTING

A. Bidder must provide a completed Experience and Qualification Statement (DC-118) with its bid. Additional qualification information as requested by Owner shall be submitted within 10 days after bids are received by the Owner including but not limited to a completed Experience and Qualification Statement (DC-118) for each and every Subcontractor who will work on the project.

B. Bidders shall submit with their bid a list by name, trade and scope of work each and every Subcontractor who will perform Work with a value in excess of 10 % of Bid Total.

12. PRELIMINARY SCHEDULE

A. Each Bidder shall submit with their bid a Preliminary Schedule demonstrating the Bidder’s plan to complete the construction work within the time allowed in the Agreement and to achieve the completion of any milestones identified in the Contract Documents.

The requirements of the Preliminary Schedule are described in the General Specification.

B. Failure to provide the requested schedule may result in the Contractor being declared non-responsive.

C. The Bidder’s Preliminary Schedule shall be based on a Notice to Proceed date identified in the Proposal.

13. ADDITIONAL BIDDING INFORMATION

The Advertisement, which precedes the "Information for Bidders" and the Contract Documents as defined in the General Conditions may contain additional bidding information and is considered a part of these instructions.

14. EQUALS AND SUBSTITUTIONS

Anticipated proposed Equals and Substitutions shall not be the basis for any bid pricing. For the purpose of bidding, Bidders shall base their bid on the design and any specified products.

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Equals or Substitutions may be submitted for consideration after the award of the Contract.

Approval of proposed Equals or Substitutions are discretionary, and Contractor waives the right to make a claim on that basis. Bidders shall not assume that any contemplated Equal or Substitutions will be approved. The Contractor will be responsible for Engineer Fees for review, analysis, tests and/or all other costs necessary to review, analyze and/or implement a proposed Substitution regardless of whether the proposal is approved.

15. OWNER CONTROLLED INSURANCE PROGRAM

Owner may provide an Owner Controlled Insurance Program (“OCIP”) for this project. If provided, Bidders, including Subcontractors and vendors, will include the cost of the insurance required by the Contract Documents, including those in the General Conditions and Supplementary Conditions in their Bid Proposal. Eligible Contractors, Subcontractors and vendors are required to enroll in, and be approved for the OCIP program prior to starting work on the project. If approved and enrolled in the OCIP, the insurance costs and mark up on the insurance of the Contractor, Subcontractors and vendors will be deducted from the Contract Price using a deductive change order for the lines of insurance coverage provided in the OCIP.

Determination of the lowest Bidder will be made with the cost of insurance included in the Bid, pursuant to the General and Supplementary Conditions of the Contract. The OCIP information is identified in an Appendix to the Contract Documents. Copies of the OCIP Policy documents are attached to the Contract Documents. In submitting a Bid for this project, Bidders, including Subcontractors and vendors, accept the terms of the OCIP and the coverage shown in the attached policy documents. Any other insurance coverages deemed necessary by Bidder shall be obtained by Bidder at Bidder’s exclusive cost and expense and no premiums for additional coverage shall be charged to Owner.

16. PROPOSAL GUARANTEE (BID BOND)

A. Each proposal shall be accompanied by a Bid deposit in the form of a certified check, a cashier's check or Bid Bond executed by the Bidder and a qualified, acceptable Surety Company, payable to the Oakland County Water Resources Commissioner in the amount of Five Percent (5%) of the accompanying Bid, as guarantee on the part of the Bidder that it will, if called upon to do so, enter into a Contract in the form of the Contract Documents, perform the work required by the Contract Documents, at the prices stated, and furnish acceptable surety for its faithful and entire fulfillment.

B. The Bid deposits of all, except the three (3) lowest Bidders, will be returned within 48 hours after the Bids are opened. The Bid deposits of the apparent second and third lowest Bidders that the Owner has retained will be returned after the signed Contract has been delivered and the required bonds and insurance of the Contractor have been finally approved by the Owner, or after rejection of all Bids.

17. GUARANTEE BONDS

A. In addition to the Bid Bond, the Contractor shall furnish the Owner the following bonds prior to the Contract being executed:

1) A Performance Bond in an amount at least equal to 100% of the Contract Price as security for faithful performance on the Contract.

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2) A separate Labor and Material Payment 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.

3) A Maintenance and Guarantee Bond in an amount at least equal to 100% of the Contract Price.

18. BOND REQUIREMENTS

A. All bonds required of Bidder or Contractor shall meet the following requirements:

1) The Bidder or Contractor shall pay the premiums.

2) The form of the bonds shall be as appended herewith (NOTE: the form of Bid Bond is NOT incorporated in the Contract Documents).

3) The surety on the bonds shall be a corporate bonding company named on the current list of Surety Companies acceptable on Federal Bonds as published in the U.S. Treasury Department Circular Number 570. In the event that the surety is ever delisted on the cited Circular, Owner may, in Owner’s sole discretion, demand and Contractor shall provide replacement Bonds from a then listed surety at no additional cost to Owner

4) The surety shall be a corporate bonding company authorized and admitted to transact business in Michigan and subject to service of process and personal jurisdiction in Michigan. A copy of the certificate issued by the State of Michigan evidencing such authorization shall be furnished to Owner.

5) The surety shall be a corporate bonding company, which is otherwise satisfactory to Owner. Without limiting the other factors upon which Owner may determine the acceptability of a surety, Owner specifically reserves the right to reject any surety which has denied, delayed or obstructed payment or discharge of the sureties' obligations under a prior bond in favor of Owner.

6) Attorneys-in-Fact who sign bonds must file with each bond a certified copy of a currently effective and dated Power of Attorney.

7) The Owner may, but is not obligated to, require the substitution of any of the bonds by Bidder or Contractor upon the occurrence of any of the events referred to herein and in the General Conditions or Supplementary Conditions.

8) Providing the bonds required hereunder shall not establish that a Bidder is qualified, responsive or responsible, and shall not limit Owner's right to review Bidder's qualifications and reject any Bid.

19. PRE-BID MEETING & SITE TOUR

All Bidders must attend the pre-bid meeting. Bidders shall refer to the Advertisement (WRC ADV DC-116) found elsewhere in these specifications for pre-bid meeting and site tour requirements.

Danielsj Cross-Out

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page IB-10 of IB-11 05/27/2020

20. REJECTION OF BIDS

Owner reserves the right to reject any or all Bids. The Owner further reserves the right to waive any non-material irregularity or informality in the Bids. The Owner reserves the right to reject any Bid submitted by any Bidder that the Owner determines is not a responsive or responsible Bidder based on information supplied by the Bidder or on any other information that the Owner receives or acquires on its own, including the past experience of the Owner and/or any other public agency owner with the Bidder. Owner’s rights in this regard may be exercised in Owner’s sole discretion and Owner shall not have any obligation to exercise or refrain from exercising these rights.

21. OVERTIME COMPENSATION

Refer to the Labor Standards Provisions, EPA Form 5720-4 and the U.S. Department of Labor Memorandum No. 143 for further information. Labor compensation, including Overtime shall be governed by applicable local, federal and state law and regulations.

22. WORK WITHIN VARIOUS MUNICIPALITIES, CONSTRUCTION PERMITS, ROAD PERMITS,

ETC.

A. The Contractor shall conform to the various requirements of the municipality within which work is being performed and shall obtain, at its own expense, all permits required.

B. In addition, certain public highways and subdivision roads are under the jurisdiction of the Michigan Department of Transportation, Road Commission for Oakland County, and/or the local municipality. Contractor shall obtain, at Contractor’s own expense, all permits required by these organizations to use the roads under their jurisdiction.

C. If the scope of the work requires work to be performed within other private properties/easements, Contractor shall comply with the conditions of these easements at its own expense. Applicable easement documents will be made available before work begins.

23. CONTRACT DOCUMENTS

Each Bidder is obligated to carefully review all materials included or referenced in the Contract Documents including, without limitation, the General and Supplementary Conditions. The Contract Documents are defined in the General and Supplementary Conditions and the Bidder must familiarize itself with all provisions, terms and conditions of all Contract Documents.

24. OWNER’S RESERVATION OF RIGHTS

A. In addition to Owner’s rights in Article 20 - Rejection of Bids above, Owner reserves the following rights in connection with this Invitation to Bid:

1) Withdraw the Invitation to Bid at any time, in the Owner’s sole discretion.

2) Make an award under the Invitation to Bid in whole or in part.

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3) Disqualify any Bidder whose conduct and/or proposal fails to conform to the requirements of the Invitation to Bid.

4) Seek clarifications and revisions of proposals.

5) Use proposal information obtained through site visits, management interviews and Owner’s investigation of a Bidder’s qualifications, experience, ability or financial standing, and any material or information submitted by the Bidder in response to the Owner’s request for clarifying information in the course of evaluation and/or selection under the Invitation to Bid.

6) Prior to the bid opening, direct Bidders to submit proposal modifications addressing subsequent Invitation to Bid amendments.

7) Change any of the scheduled dates.

8) Eliminate any mandatory, non-material specifications that cannot be complied with by all of the prospective Bidders.

9) Waive any requirements that are not material.

10) Negotiate with the successful Bidder within the scope of the Invitation to Bid in the best interests of the Owner.

11) Conduct contract negotiations with the next responsible Bidder, should the Owner be unsuccessful in negotiating with the lowest, responsible Bidder.

12) Utilize any and all ideas submitted in the proposals received.

13) Require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a Bidder’s proposal and/or to determine a Bidder’s compliance with the requirements of the solicitation.

Form DC–118 EXPERIENCE AND QUALIFICATION STATEMENT

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page Q-1 of Q-19 05/27/2020

EXPERIENCE AND QUALIFICATION STATEMENT OF

(Legal Name of Bidder)

SUBMITTED TO:

Oakland County Water Resources Commissioner Building 95 West – One Public Works Drive

Waterford, Michigan 48328-1907

REGARDING:

PONTIC BOOSTER STATION WINDOW REPLACEMENT

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page Q-2 of Q-19 05/27/2020

CONFIDENTIAL INFORMATION

IMPORTANT – This Experience and Qualification statement shall be filled out for submittal with the Bid.

This statement, to be acceptable, must give full information for every applicable item.

BUSINESS NAME: (Do not abbreviate and hereinafter referred to as “Contractor”)1.

BUSINESS ADDRESS: (Not a post office box)2.

CONTACT INFORMATION

Contact Person:

Email:

Telephone:

3.

Fax Number:

LEGAL STATUS: (Fill in appropriate boxes and spaces) A. INDIVIDUAL – (Named in Item 1) Home Address:

Age:

B. ASSUMED NAME – Registered in County, Michigan Date:

Name of Each Individual Home Address Age

C. PARTNERSHIP – Date Organized General Limited Partnership Registered in County, Michigan

Name of Each Individual Home Address Age

D. CORPORATION – Date Incorporated State Licensed to do Business in Michigan � Yes � No Date:

Capitalization: Total Authorized $ Paid in Cash $

Officers Name Home Address President Vice President Secretary

4.

Treasurer

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page Q-3 of Q-19 05/27/2020

Years in Business Under Present Name and Legal Status Years *

* If less than 10 years, were you previously engaged in present line of work under another name or legal status? � No � Yes, as listed below:

Previous Name: Individual Address: Partnership Dated: From To Corporation

5.

Years Engaged in Work of the Character Covered by this Statement Years

OTHER INTERESTS

Are there any inter-related companies, either partnerships or corporations, or other individuals who will in anyway, financial or otherwise, be involved in this Contract? � No � Yes, as listed below:

Name Nature of Business Relationship

Has any person named in Item 1 or 4 ever been, or still is, a principal, partner, or officer in a contracting organization in addition to the one named herein? � No � Yes, as listed below:

Individual’s Name Position Organization Name Dates

Did any of the above organizations ever fail to complete work or default on a contract while any person named in Item 1 or 4 was a partner or officer? � No � Yes, attach statement as to when, when, why, and who bonded the work Are there any other construction-related companies in which, now or in the past five years, Contractor or any of the individuals or business entities listed above either owned or own 5.0% or more of the shares of, or was or is one of the five largest shareholders or a director, officer, partner or proprietor of said other company? (Attach additional pages if necessary.) � Yes � No

Company Name Company EIN (If available)

Company's Primary Business Activity Company Address Explain relationship with the company and indicate percent of ownership, if applicable (enter N/A, if not applicable):

Are there any shareholders, directors, officers, owners, partners or proprietors that Contractor has in common with this company? � Yes � No

6.

Individual's Name (Include middle initial) Position/Title with Company

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page Q-4 of Q-19 05/27/2020

Does Contractor have any construction-related affiliates not identified in the response to questions above?

(Attach additional pages if necessary.) � Yes � No

Affiliate Name Affiliate EIN (if available)

Affiliate's Primary Business Activity

Affiliate Address

Explain relationship with the affiliate and indicate percent of ownership, if applicable (enter N/A, if not applicable):

Are there any shareholders, directors, officers, owner, partners or proprietors that Contractor has in common with this affiliate? � Yes � No Individual's Name (Include middle initial) Position/Title with Company

Has Contractor participated in any construction-related Joint Ventures within the past three (3) years?

(Attach additional pages if necessary.)

Joint Venture Name Joint Venture EIN

(if available) Identify parties to the Joint Venture

PAST EXPERIENCE OF BIDDER:

Largest Gross Amount of Work Done in One Year $ Year Largest Single Contract Completed: Work Performed as:

Prime Contractor Subcontractor

Joint Venture with:

Type and Location of Work: Contract Price $

Architect/Engineer or Owner: Date Completed:

If above project (listed in Item 7 above) is not the same general type as the present contract, list the largest contract of such similar type completed.

Type and Location of Work Contract Price $

Architect/Engineer or Owner: Date Completed:

Work Performed as: Prime Contractor Subcontractor Joint Venture with:

In Schedule A, list work completed during at least the last 5 years that was of similar type and comparable size to the proposed work.

7.

OR If work of similar type and/or comparable size has not been previously completed, attach a statement giving reason for being qualified to satisfactorily perform the proposed work. So indicate an attachment by checking the box

PRESENT WORK:

Do you now have other work? � No � Yes, having a total value of $

* In Schedule B, list present work and related data.

8.

Is any of the present work behind schedule? � No � Yes – Attached as statement giving reasons for delay and other pertinent data

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page Q-5 of Q-19 05/27/2020

SCHEDULE A – COMPLETED WORK

Type of Work Owner’s Name

Name/Address & Telephone No. of Point of Contact

Architect or Engineer Name/Address/Telephone No. of

Point of Contact Construction Cost Date

Completed Prime or

Sub

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page Q-6 of Q-19 05/27/2020

SCHEDULE B – PRESENT WORK

Completion

Type of Work Owner’s Name

Name/Address & Telephone No.

of Point of Contact

Architect or Engineer Name/Address &Telephone No.

of Point of Contact Contract Amount Date Required % to Date

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page Q-7 of Q-19 05/27/2020

EXPERIENCE OF KEY PERSONNEL:

Give a brief resume of the construction experience of the Principals named in Items 1 or 4 and the key personnel that will be working on the project (If space is not sufficient attach a supplemental statement.)

9.

SURETY (Bonding Company) Surety (not the agent) who will bond this Contract:

Name:

How long has this Surety been bonding your work? Years

* If less than 3 years, give name of previous Surety:

What is your maximum bonding limitation? $ What amount of present work is bonded? $ Net amount still available for new work? $

(This Must Be Stated)

Individual official of Surety who can verify above and furnish additional information:

Name:

Address:

Telephone Number:

Email:

If a corporation, will any or all officers be required by the Surety to pledge their own personal assets as a condition for obtaining the bonds required for this Contract?

� No � Yes, as named below:

10.

INSURANCE:

List the types of insurance applicable to the proposed work, which are currently carried, giving the names of the insurers and the basic limits of the respective coverage.

Type Insurance Company Limits Worker’s Compensation One Person $ Public Liability One Accident $ Property Damage Each Accident $

Aggregate $ Insurance representative or agent who can verify above and furnish additional information:

Name:

Address:

Telephone Number:

Email:

Have you ever had an insurance policy of any of the above types canceled? � No � Yes – Explain below:

Type: Insurer: Date:

Reason:

11.

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page Q-8 of Q-19 05/27/2020

SUPERVISION:

Name of person who will be in responsible charge of the respective phases of the Work.

A. General Overall Supervision Name: How long in your employ?

Telephone Number: Age How long in this capacity?

Address:

Email:

Construction Experience:

B. Superintendence on Site Name: How long in your employ?

Telephone Number: Age How long in this capacity?

Address:

Email:

Previous capacity with you, if other than above:

Last jobs on which he acted in similar capacity:

Type and Location Architect/Engineer or Owner Construction Cost

Date Completed

Largest job, if other than above, on which he acted in similar capacity:

Type and Location Architect/Engineer or Owner Construction Cost

Date Completed

Oakland County job, if any, or different from above in similar capacity:

Type and Location: Dates employed:

Will he perform any other specific work at site than that of Job Superintendence? � No � Yes – Explain below:

12.

CONSTRUCTION EQUIPMENT:

Do you permanently maintain an equipment yard � Yes � No?

Yes – Located at:

What facilities are there provided other than storage?

No – State where equipment is temporarily stored:

What major items of construction equipment will be available for use on the proposed work? List separately equipment now owned and that which will be purchased or rented.

13.

If the type of work is such that it may be done in separate crews working concurrently at different locations, then separately list that equipment that will be available for each crew.

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page Q-9 of Q-19 05/27/2020

CONSTRUCTION EQUIPMENT: (continued) Type of Equipment Size Make Years Old

13.

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page Q-10 of Q-19 05/27/2020

SUBCONTRACTORS:

Approximate total value of subcontractors $ Complete the table below for each Subcontractor who will perform Work in excess of 10% of Bid Total.

Used Before?

Name of Subcontractor & Trade Part of Work

Yes No

Have firm commitments and prices been obtained for required equipment and materials Do you permanently maintain an equipment yard � Yes � No? If No, Explain:

Have all proposed Subcontractors and Suppliers been made aware of the time allowed for completion of the Work and the related liquidated damages provision Do you permanently maintain an equipment yard?

� Yes � No? If No, Explain

14.

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page Q-11 of Q-19 05/27/2020

15. INTEGRITY - CONTRACT BIDDING - Within the past ten (10) years, has Contractor, an affiliate, related or any predecessor company or entity:

15.1 Been suspended or debarred from any government contracting process or been disqualified on any government procurement?

� Yes � No

15.2 Been subject to a denial or revocation of a government prequalification? � Yes � No

15.3 Had any bid rejected by a government entity for lack of qualifications, responsibility or because of the submission of an informal, non-responsive or incomplete bid?

� Yes � No

15.4 Had a proposed subcontract rejected by a government entity for lack of qualifications, responsibility or because of the submission of an informal, non-responsive or incomplete bid?

� Yes � No

15.5 Had a low bid rejected on a government contract for failure to make good faith efforts on any Minority-Owned Business Enterprise, Women-Owned Business Enterprise or Disadvantaged Business Enterprise goal or statutory affirmative action requirements on a previously held contract?

� Yes � No

15.6 Agreed to a voluntary exclusion from bidding/contracting with a government entity? � Yes � No

15.7 Initiated a request to withdraw a bid submitted to a government entity or made any claim of an error on a bid submitted to a government entity?

� Yes � No

For each "Yes," provide an explanation of the issue(s), the Business Entity involved, the relationship to Contractor, the government entity involved, relevant dates, any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer(s) below or attach additional sheets with the numbered responses. As part of your response, provide details, including the basis for any such finding and the general substance of any basis upon which you assert the finding was erroneous. If you do not know the basis, you may simply state “unknown”.

16. INTEGRITY - CONTRACT AWARD - Within the past five (5) years, has Contractor, an affiliate, or any predecessor company or entity:

16.1 Defaulted on or been suspended, cancelled or terminated for cause on any contract? � Yes � No

16.2 Been subject to an administrative proceeding or civil action seeking specific performance or restitution (except any disputed work proceeding) in connection with any government contract?

� Yes � No

16.3 Entered into a formal monitoring agreement, consent decree or stipulated settlement as specified by, or agreed to with, any government entity?

� Yes � No

16.4 Failed to complete a construction project due to financial difficulty? � Yes � No

16.5 Had its surety called upon to complete any contract whether government or private sector? � Yes � No

16.6 Has any officer or principal of submitting Contractor ever been an officer or principal of another organization when it failed to complete a construction contract?

� Yes � No

16.7 Forfeited all or part of a standby letter of credit in connection with any government contract?

� Yes � No

17. CERTIFICATIONS/LICENSES - Within the past five (5) years, has Contractor, an affiliate, or any predecessor company or entity:

17.1 Had a revocation or suspension of any business or professional permit and/or license? � Yes � No Had a denial, decertification, revocation or forfeiture of Michigan certification of Minority- Owned Business Enterprise, Women-Owned Business Enterprise or a federal certification of Disadvantaged Business Enterprise status, for other than a change of ownership?

� Yes � No17.2

For each "Yes," provide an explanation of the issue(s), the Business Entity involved, the relationship to Contractor, the government entity involved, relevant dates, any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer(s) below or attach additional sheets with the numbered responses. As part of your response, provide details, including the basis for any such finding and the general substance of any basis upon which you assert the finding was erroneous. If you do not know the basis, you may simply state “unknown”.

OAKLAND COUNTY WATER RESOURCES COMMISSIONER

Page Q-12 of Q-19 05/27/2020

18. LEGAL PROCEEDINGS/GOVERNMENT INVESTIGATIONS

Within the past five (5) years, has Contractor, an affiliate, a related or any predecessor company or entity or any of the principals of the foregoing:

18.1 Been the subject of or involved in a criminal investigation, whether open or closed, or an indictment for any business-related conduct constituting a crime under local, state of federal law?

� Yes � No

18.2 Been…