Rochester Bridge Repair SpecComplete_0270-0192_240208.pdf

PDF 2 MB Posted Feb 8, 2024

Attached to: City of Rochester Bridge Maintenance Program
Solicitation number: 0270-0192
Issued by: Oakland County, Riverview City, Michigan

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Written by GovTribe AI · Jul 4, 2025

This document is a comprehensive bid package for the City of Rochester Bridge Maintenance Program, prepared by Anderson, Eckstein and Westrick, Inc. (AEW) for a municipal infrastructure project located in Rochester, Michigan. The project involves preventative maintenance and repair of four road bridges and eight pedestrian bridges, with specific work including concrete repairs, joint resealing, surface treatments, deck plank replacements, and spot painting. The bid was issued in February 2024, with sealed bids due on March 5, 2024, at 10:00 am local time. The contract requires substantial completion within 120 calendar days and final completion within 150 calendar days. Bidders must demonstrate successful completion of similar projects totaling more than $500,000 in the past five years and provide a 5% bid security.

The total project is a unit price contract with estimated quantities for various repair and maintenance activities across multiple bridge locations. Pricing will be determined based on actual quantities completed, with the City of Rochester retaining the right to adjust or delete portions of the work. The project will be funded through the city's infrastructure maintenance budget, with bidders required to provide comprehensive insurance coverage, including commercial general liability, automobile liability, and workers' compensation. The contract includes provisions for progress payments, with 90% of completed work paid and 10% retained until final completion. Contractors must also provide performance, payment, and maintenance bonds, and comply with all local, state, and federal regulations governing public works construction.

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SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR THE

CITY OF ROCHESTER

BRIDGE MAINTENANCE PROGRAM

AEW PROJECT NO. 0270-0192

OWNER:

PUBLIC WORKS DEPARTMENT

1141 NORTH WILCOX ROAD

ROCHESTER, MICHIGAN 48307

586.726.1234 www.aewinc.com

ISSUED FOR BIDS:

FEBRUARY 2024

ISSUED FOR CONSTRUCTION:

INDEX

Advertisement for Bids Pages 1 – 2

Instructions to Bidders Pages 1 – 9

Supplementary Instructions to Bidders Pages 1 – 2

Bid Form Pages 1 – 9 Bid Bond Pages 1 – 2 Statement of Qualifications Form Pages 1 – 2 Subcontractor List 1 Page Project References 1 Page

Agreement Pages 1 – 8

Bonds Performance Bond Pages 1 – 3 Payment Bond Pages 1 – 3 Maintenance and Guarantee Bond Pages 1 – 2

General Conditions Pages 1 – 66

Supplementary Conditions Pages 1 – 11

General Requirements GR1 – GR-18

A.-1

ADVERTISEMENT FOR BIDS

CITY OF Rochester

RECEIPT OF BIDS

The City of Rochester will receive sealed bids until 10:00 am local time, on Tuesday, March 5th, 2024, at the offices of the City Clerk, City of Rochester, 400 Sixth Street, Rochester, Michigan 48307, at which time and place all bids will be publicly opened and read aloud.

DESCRIPTION OF WORK

The approximate quantities involved in this work are as follows:

Wing Wall Concrete Repair 44 CFT Abutment Concrete Repair 49 CFT Resealing Abutment Joint 128 FT Deck Concrete Repair 14 CFT Deck Plank Replacement 1145 SFT

Together with related work as well as traffic control and complete restoration.

PLANS AND SPECIFICATIONS

Plans and specifications must be obtained through BidNet, formerly the Michigan Intergovernmental Trade Network (MITN), at https://www.bidnetdirect.com/mitn, after 12:00 P.M. on Thursday, February 8, 2024. Bids may be rejected unless made on the forms included with the bidding documents.

All bids shall be opened publicly at the date and time specified. Each bid shall be recorded together with the name of the bidder. Bids shall be in accordance with the requirements of this notice in order to be deemed “responsive.” Bids will be rejected unless made on the forms as included with the bidding documents.

Bids are to be submitted in a sealed envelope, plainly marked “BID – CITY OF ROCHESTER, BRIDGE MAINTENANCE PROGRAM” and received by the City Clerk on or before the time and date given above.

BID SECURITY

Each proposal shall be accompanied by a certified check in the amount of five percent (5%) of the proposal, payable to the City of Rochester, as security for the acceptance of the contract. A bid bond on the Michigan Standard Form, issued by an approved Surety Company, may be furnished in lieu of a certified check.

A.-2

PRE-QUALIFICATIONS

The Prime Contractor shall demonstrate that they have successfully completed projects in the last five (5) years of equal scope in the State of Michigan and each totaled more than $500,000 minimum per year.

WITHDRAWAL OF BIDS

No bidder may withdraw his proposal within ninety (90) calendar days after the date set for opening thereof. This time frame may be adjusted through a material agreement between the Owner and Contractor.

AWARD OF CONTRACT

The right to accept any bid, to reject any or all proposals, and to waive irregularities in bidding is reserved by the City of Rochester. Portions of this Contract may be deleted due to unforeseen circumstances without compensation. Acceptance of any bid does not constitute a binding agreement until a written Contract is signed by both parties.

Lee Ann O’Connor, City Clerk City of Rochester 400 Sixth Street Rochester, Michigan 48307

DATED: February 2024

INSTRUCTIONS TO BIDDERS

FOR CONSTRUCTION CONTRACTS

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

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

http://www.nspe.org/ http://www.acec.org/ http://www.asce.org/ http://www.ejcdc.org/

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page ARTICLE 1 – Defined Terms

ARTICLE 2 – Copies of Bidding Documents

ARTICLE 3 – Qualifications of Bidders

ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

ARTICLE 5 – Bidder’s Representations

ARTICLE 6 – Pre-Bid Conference

ARTICLE 7 – Interpretations and Addenda

ARTICLE 8 – Bid Security

ARTICLE 9 – Contract Times

ARTICLE 10 – Liquidated Damages

ARTICLE 11 – Substitute and “Or-Equal” Items

ARTICLE 12 – Subcontractors, Suppliers, and Others

ARTICLE 13 – Preparation of Bid

ARTICLE 14 – Basis of Bid

ARTICLE 15 – Submittal of Bid

ARTICLE 16 – Modification and Withdrawal of Bid

ARTICLE 17 – Opening of Bids

ARTICLE 18 – Bids to Remain Subject to Acceptance

ARTICLE 19 – Evaluation of Bids and Award of Contract

ARTICLE 20 – Bonds and Insurance

ARTICLE 21 – Signing of Agreement

ARTICLE 1 – DEFINED TERMS

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

A. Issuing Office – The office from which the Bidding Documents are to be issued.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within five (5) days of Owner’s request, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

A. An itemized list of the Bidder’s equipment available for use on the proposed Contract.

B. A list of Bidder’s key personnel who would be assigned to the Project, including their experience. Additionally, identify the likely project manager and superintendent responsible for making project decisions.

C. A listing of the major parts of the work which are proposed to be sub-let along with reference information for each subcontractor.

D. A proposed construction schedule based upon starting construction within ten (10) days of receiving the Notice to Proceed.

E. Such additional information that will enable the Owner to determine whether or not the Bidder is adequately prepared to fulfill the obligations of the Contract.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

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

3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

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

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

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

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

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

d. technical data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

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

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

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

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

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

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary

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

Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work;

and

J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A pre-Bid conference, if any, will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Attendance may be mandatory as stated in the Invitation or Advertisement to Bid. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda, mailed, delivered, sent via facsimile, or transmitted electronically, to all parties recorded as having received the Bidding Documents.

Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

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

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five (5%) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and

6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within ten (10) days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and exercise its rights under the Bid Bond. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or the bid acceptance period, whereupon Bid security furnished by such Bidders will be released.

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

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, milestones, if any, are to be achieved and the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

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

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

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

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

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.

12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for various portions of the Work.

If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, without an increase or Bid Price.

12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

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

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

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

13.04 A Bid by an individual shall show the Bidder’s name and official address.

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

13.05 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.06 All names shall be printed in ink below the signatures.

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

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

13.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form.

14.02 Unit Price

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

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

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

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to the Owner’s office as identified in the Bid Form.

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

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

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder whose Bid is in the best interests of the Project.

19.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

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

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

C. Bid prices will be compared after adjusting for differences in time of Substantial Completion (total number of calendar days to substantially complete the Work) designated by Bidders.

The adjusting amount will be determined at the rate set forth in the Agreement for liquidated damages for failing to achieve Substantial Completion, or such other amount that Owner has designated in the Bid Form.

1. The method for calculating the lowest bid for comparison will be the summation of the Bid price shown in the Bid Form plus the product of the Bidder-specified time of Substantial Completion (in Calendar Days) times the rate for liquidated damages (in dollars per day).

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 10 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

N:\NSPE Master Docs\New Revised Specs March 2014\C-200 Instructions to Bidders - Revised 140331.docx

Supplementary Instructions to Bidders i

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

ARTICLE 15 – SUBMITTAL OF BID

ARTICLE 19 – EVALUATION OF BIDS AND AWARDS OF CONTRACT

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

These Supplementary Instructions to Bidders amend or supplement the Instructions to Bidders (No. C-200, 2013 Edition) as indicated below. All provisions which are not so amended or supplemented remain in full force and effect.

The terms used in these Supplementary Instructions to Bidders have the meanings stated in the General Conditions.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

I-3.01 Add the following new paragraph after I-3.01E:

F. A list of successfully completed projects from the last five (5) years of equal scope in the State of Michigan and each totaling more than $500,000.00 minimum per year.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

I-7.01 Amend the third sentence of Paragraph 7.01 to read as follows:

Questions received less than five days prior to the date for opening of bids will not be answered.

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

I-14.02.C Add the following immediately following paragraph I-14.02 C:

I-14.03.D The quantities as shown in the proposal may be approximate and are given only as a basis of calculation for comparing Bids and awarding Contracts. The Owner does not guarantee that the actual quantities involved will correspond with the estimate. Payment to the Contractor will be made only for the actual quantities of work performed in accordance with the Plans and specifications.

The Engineer reserves and will have the right under the Contract to make such changes, from time to time, in the plans and in the quantities of work, as may be necessary or desirable to insure the completion of the work in the most satisfactory manner in accordance with the Specifications and based on the availability of project funding.

ARTICLE 15 – SUBMITTAL OF BID

I-15.01 Amend the last sentence to read as follows:

The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the following data:

A. Statement of Qualifications B. Subcontractor List C. Suppliers D. Project Schedules E. Project References

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

I-19.05 Add the following language at the end of I-19.05.

The Owner reserves the right to accept any Proposal, to reject and/or all Proposals, and to waive defects or irregularities in any Proposal.

Additionally, portions of this Contract may be deleted due to unforeseen circumstances without compensation. Acceptance of any bid does not constitute a binding agreement until a written Contract is signed by both parties.

EJCDC® C-410, Bid Form for Construction Contracts.

BID SUBMITTED BY:___________________________

Company Name

Page

Article 1 – Bid Recipient

Article 2 – Bidder’s Acknowledgements

Article 3 – Bidder’s Representations

Article 4 – Bidder’s Certification

Article 5 – Basis of Bid

Article 6 – Time of Completion

Article 7 – Attachments to this Bid

Article 8 – Defined Terms

Article 9 – Bid Submittal

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

City Clerk City of Rochester 400 Sixth Street Rochester, Michigan 48307

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site, if any, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, if any, that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

K. Bidder is aware that the Owner’s decision to proceed with the Project is subject to Owner’s determination that all legal, financial and grant approvals, conditions and requirements have been received or met and the funding necessary to complete the project is in hand, and that if all of the foregoing has not been received, the Owner may elect not to proceed with the project in which case no bidder shall have a claim of any kind in contract, tort, equity or otherwise, against the Owner.

L. Bidders acknowledge that Owner retains the unrestricted right not to proceed with the project and to reject all Bids received. In either case, Owner shall not be liable to any Bidder under any theory including contract, tort, equity or otherwise.

M. Bidder acknowledges that the unexpected presence and location of existing underground utilities and resulting conflicts with such utilities are ordinarily encountered and generally recognized as inherent in subsurface sewer and appurtenant work in areas that have been previously developed.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

A. Base Bid

Under the Base Bid, the Contractor is required to complete the Work as shown on the attached plan.

CITY OF ROCHESTER

BRIDGE MAINTENANCE PROGRAM

AEW PROJECT NO. 0270-0192

Item No. Description

Estimated Quantity Unit

Bid Unit Price Bid Price

BASE BID - GENERAL

1. _Bonds, Insurance and Initial Set-Up Expense 1 LS $ $

2. _Audio Visual Record of Construction Influence Area 1 LS

3. _Traffic Control and Maintenance 1 LS

4. _Final Cleanup and Restoration 1 LS

Total of All Bid Prices - General $

BASE BID - UNIVERSITY

5. _Resealing Sidewalk Joint 110 Ft

6. _Concrete Surface Coating 80 Syd

7. _Culvert Concrete Repair 4 Cft

8. _Wing Wall Conrete Repair 16 Cft

Total of All Bid Prices - University $

BASE BID - LUDLOW

9. _Abutment Joint Repair 27 Ft

10. _Sidewalk Concrete Repair 8 Cft

11. _Abutment Concrete Repair 15 Cft

12. Penetrating Healer/Sealer, Bridge

155 Syd

Total of All Bid Prices - Ludlow $

CITY OF ROCHESTER

BRIDGE MAINTENANCE PROGRAM

AEW PROJECT NO. 0270-0192

Item No. Description

Estimated Quantity Unit Bid Unit Price Bid Price

BASE BID - SECOND

13. Water Repellent Treatment, Penetrating 300 Syd

14. _Wing Wall Concrete Repair 14 Cft

15. Structural Crack, Repr 18 Ft

Total of All Bid Prices - Second $

BASE BID - DIVERSION

16. _Joint Filler 9 Sft

17. _Resealing Abutment Joint 60 Ft

18. _Rapid Setting Polymer Concrete

Patching Material 30 Sft

19. _Penetrating Healer/Sealer Bridge

Deck 304 Syd

20. _Water Repellent Treatment, Penetrating 113 Syd

Total of All Bid Prices - Diversion $

BASE BID – DINOSAUR HILL PED

21. _Approach Ramp Replacement 146 Sft

22. _Deck Planks Replacement 270 Sft

Total of All Bid Prices Dinosaur Hill Ped $

CITY OF ROCHESTER

BRIDGE MAINTENANCE PROGRAM

AEW PROJECT NO. 0270-0192

Item No. Description

BASE BID – LUDLOW PED

23. _Resealing Abutment Joint 16 Ft

24. _Deck Concrete Repair 2 Cft

25. _Spot Painting 76 Sft

Total of All Bid Prices – Ludlow Ped $

BASE BID – PARK WEST PED

26. _Deck Planks Replacement 305 Sft

Total of All Bid Prices – Park West Ped $

BASE BID – PARK CENTRAL PED

27. _Deck Planks Replacement 570 Sft

28. _Wing Wall Concrete Repair 1 Cft

Total of All Bid Prices – Park Central Ped $

BASE BID – PARK EAST PED

29. _Resealing Abutment Joint 20 Ft

30. _Spot Painting 70 Sft

Total of All Bid Prices – Park East Ped $

BASE BID – PCT ROYAL PARK PED

31. Penetrating Healer/Sealer, Bridge Deck 190 Syd

32. Structural Crack, Repr 45 Ft

Total of All Bid Prices – PCT Royal Park Ped $

CITY OF ROCHESTER

BRIDGE MAINTENANCE PROGRAM

AEW PROJECT NO. 0270-0192

Item No. Description

BASE BID – CRT ELIZABETH PED

33. _Abutment Concrete Repair 12 Cft

Total of All Bid Prices – CRT Elizabeth Ped $

BASE BID – ROMEO PED

34. _Deck Concrete Repair 8 Cft

35. _Abutment Concrete Repair 5 Cft

Total of All Bid Prices – Romeo Ped $

BASE BID – CRT PARKDALE PED

36. _Resealing Expansion Joint 12 Ft

37. _Abutment Concrete Repair 17 Cft

38. _Wing Wall Concrete Repair 13 Cft

39. _Pier Concrete Repair 20 Cft

Total of All Bid Prices – CRT Parkdale Ped $

TOTAL OF ALL BID PRICES (Items 1 through 39) $

Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and Final Payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially completed within 120 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of…

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