Bidding and Contract Document (R 5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

State of Michigan Department of Technology, Management and Budget

State Facilities Administration Design and Construction Division

DCSPEC

Bidding and Contract Document Minor Projects

File No. 472/17433.JAG

Funding Code 472STFMaintProj Department of Corrections

Central Michigan Corrections Generator Building Improvements

Bidding and Contract Document (R 5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

DTMB-0401D (R 05/19)

BID SUMMARY

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

STATE FACILITIES ADMINISTRATION

DESIGN AND CONSTRUCTION DIVISION

3111 W. St. Joseph Street Lansing, Michigan 48917

Bids must be submitted electronically through the SIGMA VSS website at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService

FILE NUMBER

472/17433.JAG

FUNDING CODE

472STFMaintProj

DEPARTMENT/AGENCY

Department of Corrections

CONTRACT TIME(S)

150 Calendar Days from NTP

PROJECT NAME

Central Michigan Corrections Generator Building Improvements

LOCATION

Central Michigan Corrections St. Louis, MI

BID OPENING DATE

August 21, 2019 at 2:00 pm Local Time

FOR AN EXAMINATION OF THE SITE CONTACT:

Brad Shaw, Facilities Manager Central Michigan Corrections

SEE SECTION 00100 INSTRUCTIONS TO BIDDERS AND SECTION 00700 GENERAL CONDITIONS PROVIDED WITH THE BIDDING DOCUMENTS.

BID: WE PROPOSE TO FURNISH, PERFORM AND COMPLETE THE ENTIRE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS IN

CONSIDERATION OF THE BID PRICE (S) STATED BELOW.

FIRM NAME AND COMPLETE ADDRESS TELEPHONE NUMBER and E-MAIL ADDRESS

□ Qualified Disabled Veteran

FEDERAL I.D. NUMBER (LAST 4 ONLY)

(protected information required for processing payments)

BIDDER'S SIGNATURE AND TITLE DATE

WITNESS' SIGNATURE DATE

By signing this bid above, bidder certifies their enclosed Qualified Disabled Veteran and Michigan-Based Business Certifications.

BASE BID FROM BID SCHEDULE (Include specified Allowances):

____________________________________________________________________________Dollars $____________________ (use words) (in figures)

Alternate1: (Subtract) ______________________________________________________ Dollars $ ____________________ (use words) (in figures)

Builders Risk Insurance is NOT provided by the State of Michigan.

A PERFORMANCE BOND AND A PAYMENT BOND ARE REQUIRED FOR ALL BIDS OVER $50,000.00. EACH BID MUST BE

ACCOMPANIED BY A FIVE (5) PERCENT BID GUARANTEE.

BIDDERS ARE ALSO CAUTIONED TO FAMILIARIZE THEMSELVES WITH ALL OF THE OTHER CONDITIONS OF THE CONTRACT.

Project Scope of Work:

Temporary relocation of existing on-site generator, demolition of generator enclosure and reconstruction of enclosure, including foundation replacement, drainage improvements and re-installation of generator.

The Bidder must figure its Base Bid on the specified, or Addendum-approved, materials and equipment only. No “or equal” or substitution proposals will be permitted after Bid opening, except as provided in the General Conditions.

Addenda: Bidder acknowledges receipt of Addenda: No. ___ dated: ________, No. ___ dated: ________ No. ___ dated: ________ FIRM NAME TELEPHONE NUMBER and E-MAIL ADDRESS

Bidding and Contract Document (R 5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

BID SCHEDULE

Base Bid Schedule - The Bidder will complete the Work and accept as full payment, for the Work items listed, the following Unit Prices and/or Item Bid Prices, as applicable:

Base Bid

Item No.

Bid

Quantity

Unit Description Unit Price Item Bid Price

1 1 LSUM Lump Sum for All Work

2 1 DOL Provisionary Allowance - Construction Contingency $30,000.00 $30,000.00

Base Bid (Sum of Item Bid Prices for all Base Bid Items):

__________________________________________________________________ Dollars $__________________________ (use words) (in figures)

Schedule of Alternates - The Bidder will complete (or deduct from the Contract) the parts of the Work designated by the Alternates that follow and accept in full payment (or allow in full credit) for those parts of the Work the following Item Bid Prices:

Alternate

Item No.

Alternate

Quantity

Unit Description Item Bid Price

1 1 LSUM Carport Installation Improvements – Deduct all labor, equipment and material costs associated with the procurement and installation of the carport structure, and associated electrical improvements, as outlined on the plans.

The Bidder further acknowledges and agrees that the separate prices bid on this “Schedule of Alternates,” where they are applicable and deemed acceptable by the Owner, will be used if incorporated into the Contract when the Owner issues the Notice of Award.

Bidding and Contract Document (R 5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

State Facilities Administration

Design & Construction Division

Qualified Disabled Veteran (QDV) Business Representation

‘Qualified Disabled Veteran,’ means a business entity that is 51% or more owned by one or more veterans with a service-connected disability.

‘Qualified Disabled,’ means a business entity that is 51% or more owned by one or more with a service-connected disability.

The vendor represents that it IS _____, a qualified disabled veteran.

The contractor represents and warrants that the company meets the above (when checked) and has attached supporting documentation per the following:

Each bid requesting the Qualified Disabled Veterans (QDV) preference, in accordance with Public Act 22 of 2010, MCL 18.1241.3 shall include a DD214 Proof of Service and Discharge, a Veterans Administration rating decision letter, proof of disability (if the disability is not indicated on the DD214), and appropriate legal documents setting forth the 51% natural persons QDV ownership.

Fraudulent Certification as a Qualified Disabled Veteran may result in debarment under MCL 18.264.

Certification of a Michigan Based Business

(Information Required Prior to Contract Award for Application of State Reciprocity Provisions)

To qualify as a Michigan Based Business:

Vendor must have, during the 12 months immediately preceding this bid deadline:

or If the business is newly established, for the period the business has been in existence, it has:

(check all that apply):

Filed a Michigan single business tax return showing a portion or all of the income tax base allocated or apportioned to the State of Michigan pursuant to the Michigan Single Business Tax Act, 1975 PA 228, MCL

208.1 – 208.145; or

Filed a Michigan income tax return showing income generated in or attributed to the State of Michigan; or

Withheld Michigan income tax from compensation paid to the bidder’s owners and remitted the tax to the

Department of Treasury; or

I certify that I have personal knowledge of such filing or withholding, that it was more than a nominal filing for the purpose of gaining the status of a Michigan business, and that it indicates a significant business presence in the state, considering the size of the business and the nature of its activities.

I authorize the Michigan Department of Treasury to verify that the business has or has not met the criteria for a Michigan business indicated above and to disclose the verifying information to the procuring agency.

Bidder shall also indicate one of the following:

Bidder qualifies as a Michigan business (provide zip code: ________________)

Bidder does not qualify as a Michigan business (provide name of State: _____________).

Principal place of business is outside the State of Michigan, however service/commodity provided by a location within the State of Michigan (provide zip code: (___________).

Fraudulent Certification as a Michigan business is prohibited by MCL 18.1268 § 268. A BUSINESS THAT PURPOSELY OR WILLFULLY SUBMITS A FALSE CERTIFICATION THAT IT IS A MICHIGAN BUSINESS OR FALSELY INDICATES THE STATE IN WHICH IT HAS ITS PRINCIPAL PLACE OF BUSINESS IS GUILTY OF A FELONY, PUNISHABLE BY A FINE OF NOT LESS THAN $25,000 and subject to debarment under MCL 18.264.

Bidding and Contract Document (R 5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

BID BOND

BID SUBMITTED ON the _______ day of ________________, 20____.

Bid Security is in the form of: a Bid Bond _______ Bid Bond form has been duly executed _______; or

A Bank Certified or Cashier's check ___ or Money Order ___ is attached to this page ____ (If Bid Security is by Check or Money Order, the original check or money order must be delivered to the issuing office before Bid Due Time. ALL other SIGMA bid submittals are also still to be made).

If the Bidder is an Individual:

Name of Individual: _________________________________________________________

Name & Title of Person Authorized to sign: ___________________________________________

Signature: _________________________________________________________ (If not the Individual, Attach Power of Attorney) Date

Doing Business as: _________________________________________________________

Business Address: _________________________________________________________

County of registration _________________________

Telephone: _________________________ FAX: ______________________

If the Bidder is a Partnership:

By: _________________________________________________________ (True Name of the Partnership)

Partner Authorized to Sign Date

Signature: _________________________________________________________ (Attach evidence of Authority to sign) Date

Business Address: _________________________________________________________

County of registration _________________________

Telephone: _________________________ FAX _______________________

If the Bidder is a Corporation:

By: _________________________________________________________ (Legal Corporation Name)

Name & Title of Authorized Officer: __________________________________________________

Signature: _________________________________________________________ (Attach evidence of Authority to sign) Date

Name & Title of Officer Attesting: __________________________________________________

Signature: _________________________________________________________ Date

Business Address: _________________________________________________________

Telephone: _________________________ FAX _______________________

(State of Incorporation): _________________________________________________________

If The Bidder is A Joint Venture: JOINT VENTURE SIGNATURES MUST BE AS PROVIDED IN INSTRUCTIONS TO BIDDERS.

EACH JOINT VENTURER SIGNING THE BID MUST SIGN IN THE MANNER INDICATED FOR AN INDIVIDUAL, A PARTNERSHIP OR A CORPORATION. IF MORE THAN TWO JOINT VENTURERS OF THE SAME TYPE ARE INCLUDED, USE ADDITIONAL PAGES. JOINT VENTURE STATE OF INCORPORATION ___________________ OR COUNTY OF REGISTRATION

Bidding and Contract Document (R 5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

POST-BID SUBMITTALS

The PSC will request this submittal after bid opening. Complete and submit these items within two business days after the request.

BIDDER’S EXPERIENCE MODIFICATION RATING (EMR) ____________

Attach letter of explanation if the Bidder does not have an EMR.

PROPOSED PROJECT SUPERINTENDENT _______________________________

Attach brief resume or list of similar successful projects.

LIST OF SIMILAR PROJECTS COMPLETED BY THE BIDDER

Please list at least three completed projects of similar size and complexity to the project being bid, with reference contact information

REFERENCE #___

Owner: _____________________________________________________________________________________

Project/Contract Name: ________________________________________________________________________

Location of Project/Contract: ____________________________________________________________________

Contract Price: _______________________ Project/Contract Started: ____________ Completed: ____________

Owner's Representative (Name and Telephone): _____________________________________________________

Scope of Project/Contract: ______________________________________________________________________

REFERENCE #___

Owner: _____________________________________________________________________________________

Project/Contract Name: ________________________________________________________________________

Location of Project/Contract: ____________________________________________________________________

Contract Price: _______________________ Project/Contract Started: ____________ Completed: ____________

Owner's Representative (Name and Telephone): _____________________________________________________

Scope of Project/Contract: ______________________________________________________________________

REFERENCE #___

Owner: _____________________________________________________________________________________

Project/Contract Name: ________________________________________________________________________

Location of Project/Contract: ____________________________________________________________________

Contract Price: _______________________ Project/Contract Started: ____________ Completed: ____________

Owner's Representative (Name and Telephone): _____________________________________________________

Scope of Project/Contract: ______________________________________________________________________

Bidding and Contract Document (R 5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

POST BID SUBMITTALS: LIST OF SUBCONTRACTORS

The Apparent Low Bidder shall nominate for each Division of Specification and/or trade category, the Subcontractor to be awarded Sub-agreements, including the apparent Low Bidder if work is to be self-performed. Nominated subcontractors shall not be removed, replaced or added to except by written request for good reason, subject to Owner acceptance.

Division, Specification Section Nominated Amount of Subcontract Minority, Woman, and/or Trade Subcontractor(s) Handicapped?

1.________________________ _________________________ __________________ ______________

2.________________________ _________________________ __________________ ______________

3.________________________ _________________________ __________________ ______________

4.________________________ _________________________ __________________ ______________

5.________________________ _________________________ __________________ ______________

6.________________________ _________________________ __________________ ______________

7.________________________ _________________________ __________________ ______________

8.________________________ _________________________ __________________ ______________

9.________________________ _________________________ __________________ ______________

10._______________________ _________________________ __________________ ______________

11._______________________ _________________________ __________________ ______________

12._______________________ _________________________ __________________ ______________

13._______________________ _________________________ __________________ ______________

14._______________________ _________________________ __________________ ______________

The undersigned Apparent Low Bidder _____________________________________________________________ certifies that all the information and data furnished in this List of Subcontractors are current, accurate and complete as of the date stated below.

Signed by:____________________________Name_______________________________ Title ________________________ on this __________ day of ____________________, 20_______.

Bidding and Contract Document (R 5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

PERFORMANCE BOND

SURETY COMPANY REFERENCE No. __________________________________

That "the Contractor," ___________________________________________________, a corporation ___, individual ___, partnership ___, joint venture ___ of the State of __________________, qualified to do business in the State of Michigan, as Principal, and "the Surety," ____________________________________________________________________, of the State of _________________, as surety, are held and bound unto the State of Michigan, "the Owner," as Obligee, in the amount of __________________________________________________________________________ Dollars ($_________________), for the payment of which the Contractor and Surety bind themselves, their respective heirs, successors, legal representatives and assigns, jointly and severally, in compliance with 1963 PA 213, as amended, MCL 129.201 et seq.

The Contractor has entered into "the Contract" with the Owner for _______________________________________________ _______________, "the Work," covered by the Contract Documents, which are incorporated into this Performance Bond by this reference;

If the Contractor faithfully performs and fulfills all the undertakings, covenants, terms, conditions, warranties, indemnifications and agreements of the Contract Documents within the Contract Time (including any authorized changes, with or without notice to the Surety) and during the Correction Period, and if the Contractor also performs and fulfills all the undertakings, covenants, terms, conditions, warranties, indemnifications and agreements of any and all duly authorized modifications of the Contract Documents, then THIS

OBLIGATION IS VOID, OTHERWISE TO REMAIN IN FULL

FORCE AND EFFECT.

A. No change in Contract Price or Contract Time, "or equal" or substitution or modification of the Contract Documents (including addition, deletion or other revision) releases the Surety of its obligations under this Section 00610 Performance Bond. The Surety expressly waives notice of any such change in Contract Price or Contract Time, "or equal" or substitution or modification of the Contract Documents (including addition, deletion or other revision).

B. This Performance Bond must be solely for the protection of the Owner and its successors, legal representatives or assigns.

C. It is the intention of the Contractor and Surety that they must be bound by all terms and conditions of the Contract Documents (including, but not limited to General Conditions and this Performance Bond). However, this Performance Bond is executed pursuant to 1963 PA 213, as amended, MCL 129.201 et seq., and if any provision(s) of this Performance Bond is/are illegal, invalid or unenforceable, all other provisions of this Performance Bond must nevertheless remain in full force and effect, and the Owner must be protected to the full extent provided by 1963 PA 213, as amended, MCL 129.201 et seq.

IMPORTANT: The Surety must be authorized to do business in the State of Michigan by the Department of Licensing and Regulatory Affairs Insurance Bureau, must be listed on the current U.S. Department of the Treasury Circular 570, and, unless otherwise authorized by the Owner in writing, must have at least an A Best's rating and a Class VII or better financial size category per current A. M. Best Company ratings.

Name, Address and Telephone of the Surety:

Address and Telephone of Agent, who is either a resident of, or whose principal office is maintained in, the State of Michigan

Signed and sealed this __________ day of _______________________, 20_____.

THE CONTRACTOR: (Print Full Name and Sign) By:___________________________________________________________

WITNESS ______________________________ Name & Title: __________________________________________________

Telephone No. _________________________________________________

THE SURETY: (Print Full Name and Sign) Agent: ________________________________________________________

WITNESS ______________________________ Attorney-in-Fact: ________________________________________________

Telephone No. _______________________________________________

Bidding and Contract Document (R 5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

PAYMENT BOND

SURETY COMPANY REFERENCE No.___________________________________

"the Contractor," ___________________________________________________, a corporation ___, individual ___, partnership ___, joint venture ___ of the State of __________________, qualified to do business in the State of Michigan, as Principal, and "the Surety," ____________________________________________________________________, of the State of _________________, as surety, are held and bound unto the State of Michigan, "the Owner," as Obligee, in the amount of __________________________________________________________________________ Dollars ($_________________), for the payment of which the Contractor and Surety bind themselves, their respective heirs, successors, legal representatives and assigns, jointly and severally, in compliance with 1963 PA 213, as amended, MCL 129.201 et seq.

The Contractor has entered into "the Contract" with the Owner for _____________________________________________ __________________, "the Work," covered by the Contract Documents, which are incorporated into this Payment Bond by this reference;

If the Contractor promptly pays all claimants supplying labor or materials to the Contractor or to the Contractor's Subcontractors in the prosecution of the Work, then THIS

OBLIGATION IS VOID, OTHERWISE TO REMAIN IN FULL

FORCE AND EFFECT.

A. All rights and remedies on this Payment Bond are solely for the protection of all claimants supplying labor and materials to the Contractor or the Contractor's Subcontractors in the prosecution of the Work, and must be determined in accordance with Michigan Law.

B. No change in Contract Price or Contract Time, "or equal" or substitution or modification of the Contract Documents (including addition, deletion or other revision) must release the Surety of its obligations under this Payment Bond. The Surety hereby expressly waives notice of any such change in Contract Price or Contract Time, "or equal" or substitution or modification of the Contract Documents (including addition, deletion or other revision).

C. It is the intention of the Contractor and Surety that they must be bound by all terms and conditions of the Contract Documents (including, but not limited to this Payment Bond). However, this Payment Bond is executed pursuant to 1963 PA 213, as amended, MCL 129.201 et seq., and if any provision(s) of this Payment Bond is/are illegal, invalid or unenforceable, all other provisions of this Payment Bond must nevertheless remain in full force and effect, and the Owner must be protected to the full extent provided by 1963 PA 213, as amended, MCL 129.201 et seq.

IMPORTANT: The Surety must be authorized to do business in the State of Michigan by the Department of Licensing and Regulatory Affairs Insurance Bureau, must be listed on the current U.S. Department of the Treasury Circular 570, and, unless otherwise authorized by the Owner in writing, must have at least an A Best's rating and a Class VII or better financial size category per current A. M. Best Company ratings.

Name, Address and Telephone of the Surety:

Address and Telephone of Agent, who is either a resident of, or whose principal office is maintained in, the State of Michigan

Signed and sealed this __________ day of _______________________, 20_____.

THE CONTRACTOR: (Print Full Name and Sign) By:___________________________________________________________

WITNESS ______________________________ Name & Title: __________________________________________________

Telephone No. _________________________________________________

THE SURETY: (Print Full Name and Sign) Agent: ________________________________________________________

WITNESS ______________________________ Attorney-in-Fact: ________________________________________________

Telephone No. ____________________________________________________

Bidding and Contract Document (R 5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

TABLE OF CONTENTS

CONTRACT FORMS

BID SUMMARY FORM

BID SCHEDULE

QUALIFIED DISABLED VETERAN (QDV) BUSINESS REPRESENTATION

CERTIFICATION OF A MICHIGAN BASED BUSINESS

BID BOND

POST-BID SUBMITTALS

PERFORMANCE BOND

PAYMENT BOND

TABLE OF CONTENTS

DIVISION 00 BIDDING REQUIREMENTS AND CONTRACT CONDITIONS

SECTION TITLE PAGES THRU

00010 PRE-BID INFORMATION 00-1

00100 INSTRUCTIONS TO BIDDERS 00-5 TO 00-8

00120 SUPPLEMENTARY INSTRUCTIONS 00-8

00200 INFORMATION TO BIDDERS 00-8 TO 00-9

00700 GENERAL CONDITIONS 00-9 TO 00-19

00750 SPECIAL WORKING CONDITIONS 00-19 TO 00-20

00800 SUPPLEMENTARY CONDITIONS 00-20

00850 FEDERALLY FUNDED WAGE DETERMINATION SCHEDULE (IF APPLY) 00-20

00900 ADDENDA 00-20

DIVISION 01 - GENERAL REQUIREMENTS

01010 SUMMARY OF WORK 01-1

01020 ALLOWANCES 01-1

01025 MEASUREMENT AND PAYMENT 01-1

01030 ALTERNATES 01-1

01040 COORDINATION 01-1 TO 01-2

01050 FIELD ENGINEERING 01-2

01060 REGULATORY REQUIREMENTS 01-2 TO 01-4

01090 REFERENCES 01-4

01100 PROJECT PROCEDURES 01-4 TO 01-5

01200 PROJECT MEETINGS 01-5

01300 SUBMITTALS 01-5 TO 01-6

01400 QUALITY CONTROL 01-6 TO 01-7

01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01-7 TO 01-8

01600 MATERIAL AND EQUIPMENT 01-8

01650 FACILITY START-UP 01-8

01700 CONTRACT CLOSE-OUT 01-8 TO 01-9

01800 MAINTENANCE 01-9

015000 TEMPORARY FACILITIES AND CONTROLS

024119 SELECTIVE DEMOLITION

311000 SITE CLEARING

312000 EARTH MOVING

329200 TURF AND GRASSES

GEOTECHNICAL REPORT AND BORINGS

CONCRETE MASONRY / CMU BLOCK

ASPHALT SHINGLE ROOFING

023123 ELECTROMAGNETIC INVESTIGATIONS

260010 BASIC ELECTRICAL REQUIREMENTS

260500 COMMON WORK RESULTS FOR ELECTRICAL

260519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS

260533 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS

Bidding and Contract Document (R 5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

260544 LEEVES AND SLEEVE SEALS FOR ELECTRICAL RACEWAYS AND CABLING

260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS

260923 LIGHTING CONTROL DEVICES

262726 WIRING DEVICES

265100 INTERIOR LIGHTING

APPENDIX I – GLOSSARY

APPENDIX II – SPECIAL WORKING CONDITIONS

APPENDIX III – SPECIAL PROJECT PROCEDURES

APPENDIX IV – REQUIRED PROJECT SIGN

DRAWINGS - BOUND SEPARATELY

TITLE SHEETS THRU

COVER SHEET T

GENERATOR BUILDING IMPROVEMENT PLAN AND DETAILS C-1

CARPORT CANOPY PLAN & DETAILS C-2

FLOOR PLAN / ROOF FRAMING PLAN A-1

BUILDING SECTION ELEVATIONS A-2

DETAILS AND ROOFING GENERAL NOTES A-3

SYMBOLS, ABBREVVIATIONS AND NOTES E-1

ELECTRICAL – SITE PLAN DEMO AND NEW E-2

ONE-LINE DIAGRAM E-6

Bidding and Contract Document (R 5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

DIVISION 00

BIDDING REQUIREMENTS AND CONTRACT CONDITIONS

Bidding and Contract Document (5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

00-1

SECTION 00010 PRE-BID INFORMATION

1. Invitation to Bid (ITB) Your firm is invited to submit a Bid. The State of Michigan as the Owner will receive bids electronically through the SIGMA VSS website at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService, for Central Michigan Corrections Generator Building Improvements until 2:00 p.m., local time, on August 21, 2019. The State reserves the right to cancel this Invitation to Bid (ITB) or change the date and time for submitting Bids by announcing same at any time before the established date and time for Bid opening. Bids must remain open for acceptance by the Owner for no less than the Bid hold period. Contractor may agree to extend the Bid hold period. However, any such extension must be based upon no increase in the Bid Price and/or Contract Time.

2. Work Description The Work, Central Michigan Corrections Generator Building Improvements , Agency No. 472, Funding Code. 472CTFMaintProj, DTMB File No. 472/17433.JAG includes, but is not necessarily limited to:

Temporary relocation of existing on-site generator, demolition of generator enclosure and reconstruction of enclosure, including foundation replacement, drainage improvements and re-installation of generator.

The site is located Central Michigan Correctional Facility, St Louis, MI, as shown on the Drawings.

3. Bidding Documents Sets of Bidding Documents may be obtained at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService .

4. Bid Security Each Bid must enclose Bid Security, in the amount of five percent (5%) of the Bidder's Base Bid, paid to the “State of Michigan” in the form of a certified or cashier’s check or money order drawn upon a bank insured by an agency of the Federal Government or a bid bond with an authorized surety company. If Bid Security is by check or money order, such certified or cashier’s check or money order must be delivered in original copy before the Bid Due Time to:

State Facilities Administration Design & Construction Division

3111 W. St. Joseph Street Lansing, Michigan 48917

All other Bid information must be submitted via SIGMA as per standard bidding procedure

5. Pre-Bid Conference A mandatory pre-bid conference will be held at Central Michigan Correctional Facility, 320 Hubbard St, Saint Louis, MI 48880 on August 9, 2019 at 9:00am Local Time. A will be held on the same day, immediately following the meeting. All prospective Bidders are required to attend the tour, if held. Other parties interested in the Work are encouraged to attend the tour. Addenda may be issued, in response to issues raised at the pre-bid conference and tour, or as the Owner and/or Professional may otherwise consider necessary.

The purpose of the pre-bid conference and inspection is to answer questions and provide an inspection tour of the Project site at the scheduled time on the day of the meeting. A representative will be available to assist the Contractors. Other inspection visits may be allowed if needed.

FOR CORRECTIONAL FACILITIES ONLY: All contractor/vendor representatives attending a Pre-Bid Walk Through Meeting must submit a Vender/Contractor LEIN Request five business days prior to the meeting date, (Lein Request For CAJ-1037 attached to Bid posting). Send the LEIN Request form, filled out and signed, by email to Tracy Falor at email address: FalorT@michigan.gov. The email “Subject” must include (Facility Name, Project Name, Date & Time of Pre-Bid Walk Through Meeting).

6. Equal Employment Opportunity Covenants to not discriminate in employment by Contractors, Subcontractors and Suppliers required by Law are contained in Instructions to Bidders and General Conditions and are applicable to the Work and any Sub-agreement under the Contract.

7. Contract Times The Contract Times and the associated liquidated damages are specified in the Contract.

8. Contact Person All requests or inquiries concerning the Bidding Documents or the Work must be addressed to: Steve Sutton, NFE Engineers by email to (swsutton@nfe-engr.com). Questions will be accepted until Wednesday, August 14, 2019 at COB (5:00pm) Local Time.

9. Award Subject to any agreed extension of the period for holding Bids, Bids must remain valid for acceptance by the Owner for

60 Calendar Days after the date of Bid opening. In addition, the Owner expressly reserves the right, within the Owner's sole discretion, to reject any or all Bids, to waive any irregularities, to issue post-Bid Addenda and re-bid the Work without re-advertising, to re-advertise for Bids, to withhold the award for any reason the Owner determines and/or to take any other appropriate action.

10. Performance and Payment Bonds – A performance bond and a payment bond are required for all contracts over $50,000.00.

END OF SECTION 00010

Bidding and Contract Document (5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

00-2

SECTION 00100 INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BID: Execute Bid fully and properly. Bid Summary Form (DTMB -0401D) and Bid Form Attachments must be used and completely filled out for the Bid to be considered responsive and meeting the requirements of the contract solicitation.

All Bid prices must be printed or typed in both words and figures.

2. BID CHECKLIST: Submit Bid Summary Form with original signatures plus Bid Form Attachments in accordance with the electronic bidding procedures on the SIGMA VSS website.

A complete Bid will consist of the following forms, which are included immediately following the Bid Summary Form:

Bids SUBMIT THESE Bid Forms and Bid Form Attachments

All Bids □ Signed and completed Bid Summary Form (DTMB-0401D);

□ Bid Schedule;

□ Qualified Disabled Veteran (QDV) Business Representation;

□ Bid Security in the amount of 5% of Base Bid Price;

If Bid Security is by check or money order, such certified or cashier’s check or money order must be delivered in original copy before the Bid Due Time to:

State Facilities Administration Design & Construction Division

3111 W. St. Joseph Street Lansing, Michigan 48917

All other Bid information must be submitted via SIGMA as per standard bidding procedure

□ Signature Authorization or copy of the partnership agreement if signed by all partners;

□ Other Forms;

Over $50K □ Forms listed under All Bids;

□ Payment and Performance Bond (upon issuing the Notice of Award).

Over $100K □ Forms listed under All Bids;

□ Certification of a Michigan Based Business;

□ Payment and Performance Bond (upon issuing the Notice of Award).

Over $250K □ Forms listed under All Bids;

□ Certification of a Michigan Based Business;

□ Payment and Performance Bond (upon issuing the Notice of Award).

Apparent Low Bidders ONLY (upon request from the Professional)

□ Experience Modification Rating (EMR), or a letter stating why the Bidder does not have one.

□ Identification of the proposed project superintendent, with a resume or list of similar projects handled by that individual.

□ A list of at least three (3) projects completed by the Bidder, within the last three (3) years of similar size and complexity, with contact information for references for each.

□ A list of nominated sub-contractors, including proposed self-performed categories, for each Division/Trade/etc.

3. BID SUBMISSION: Bids must be submitted electronically through the SIGMA VSS website at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService.

4. BID GUARANTEE: Each proposal must be accompanied by either a bank certified or cashier's check on an open, solvent bank or a bid bond with an authorized surety company (the surety must be listed on the current U.S. Department of the Treasury Circular 570) in the amount of five percent of the base bid payable to the State of Michigan, as a guarantee of good faith. If the successful Bidder fails to furnish satisfactory bonds and insurance within fifteen Calendar Days after Notice of Award, such guarantee must be forfeited to the State as liquidated damages. If Bid Security is by check or money order, such certified or cashier’s check or money order must be delivered in original copy before the Bid Due Time to the Issuing Office. The bid security, exclusive of

Bidding and Contract Document (5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

00-3 bid bonds, of all unsuccessful Bidders will be returned when an award is made or upon substitution of a bid bond. The bid security of the successful Bidder will be returned when the performance bond and labor and material bond are approved.

5. CERTIFICATE OF AWARDABILITY: Not required.

6. MICHIGAN BASED BUSINESS CERTIFICATION: All Bidders submitting Bids in excess of $100,000.00 must complete the

Certification of Michigan Based Business. This information will determine if a Bidder qualifies as a "Michigan" business for purposes of application of reciprocity where applicable.

7. POST-BID SUBMITTAL: For all projects, the Professional may request a Post-Bid Submittal from the Apparent Low

Bidders. The Apparent Low Bidders must submit to the Professional, within two Business Days after receipt of the Professional’s request, Experience Modification Rating (EMR), or a letter stating why the Bidder does not have one.

Identification of the proposed project superintendent with a resume or list of similar projects managed by that individual.

A list of at least three (3) projects completed by the Bidder, within the last three (3) years of similar size and complexity, with contact information for references for each.

Failure to provide the submittals may disqualify the Bid.

8. SIGNATURES: All Bids, notifications, claims, and statements must be signed as follows:

(a) Corporations: Signature of official must be accompanied by a certified copy of the Resolution of the Board of Directors authorizing the individual signing to bind the corporation.

(b) Partnerships: Signature of one partner must be accompanied by a signed copy of the legal document (e.g. Power of Attorney or partnering agreement) authorizing the individual signing to bind all partners. If Bid is signed by all partners, no authorization is required.

(c) Individual: No authorization is needed. Each signature must be witnessed.

9. BID PRICES: The Bidder’s Base Bid and Alternate Bid prices must include, and payment for completed Work will compensate in full for: all services, obligations, responsibilities, management, supervision, labor, materials, devices, equipment, construction equipment, general conditions, permits, patent fees and royalties, testing, inspection and approval responsibilities, warranties, temporary facilities, small tools, supplies, Bonds, insurance, taxes, mobilization, close-out, overhead and profit and all connections, appurtenances and any other incidental items of any kind or nature, as are necessary to complete the Work, in a neat, first quality, workmanlike and satisfactory manner in accordance with the Drawings and Specifications and as otherwise required to fulfill the requirements of the Bidding Documents. For each Cash Allowance item, the Bidder must include, within the Bid, all labor costs, construction equipment costs, insurance and Bond premiums and other general conditions costs and Fees (Bidder’s and Subcontractors’) to complete Work associated with the material, equipment or other designated item to be furnished under the Cash Allowance. For each Provisionary Allowance, the Bidder must include, within the Bid, insurance, premiums (not recoverable as labor burden) and Bond premiums required to complete Work that may be ordered under a Provisionary Allowance.

10. INSPECTION OF BIDDING DOCUMENTS AND SITE CONDITIONS: The Bidder must carefully review and inspect all documents referenced and made part of this ITB, site conditions, all applicable statutes, regulations, ordinances and resolutions addressing or relating to the goods and services under this contract. Failure to do so or failure to acquire clarifications and answers to any discovered conflicts, ambiguities, errors or omissions in the Bidding Documents will be at the Bidder’s sole risk.

11. SAFETY REQUIREMENTS AND LAWS: The Bidder awarded the Contract must comply with all applicable federal, state and local Laws including health and safety regulations, environmental protection, permits and licensing.

12. INTERPRETATIONS AND ALTERATIONS TO THE BID AND BIDDING DOCUMENTS: All requests for clarification or interpretation of the Bidding Documents, all proposals for any modifications to the Bidding Documents, all requests for information and all other questions or inquiries about the Bidding Documents and/or the Work shall be submitted in writing to the Contact Person identified in the Bid Documents. Requests or inquiries received less than seven Calendar Days before the date of Bid opening will be answered only if (a) the response can be given through an Addendum made available at least seventy-two hours before Bid opening (counting Business Days only), (b) the Bid opening is postponed by Addendum, or (c) the Work is rebid without readvertising following the issuance of post-Bid Addenda.

Bidders must not rely upon any oral statements or conversations regarding interpretations, clarifications, corrections, additions, deletions or other revisions or information to the Bidding Documents. Any addition, limitation or provision made with or attached to the Bid may render it non-responsive and/or irregular and be a cause for rejection. The Owner reserves the right to issue a post-Bid Addendum after opening the Bids and set a new date for the receipt and opening of sealed Bids. The Bidder acknowledges that any quantities of Unit Price Work given in this ITB are approximate only and payments will be made only for actual quantities of Unit Price Work completed in accordance with the Contract Documents.

13. MODIFICATION OF BID: The entire bid must be resubmitted on the SIGMA VSS website.

Bidding and Contract Document (5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

00-4

14. BID WITHDRAWAL: Except for timely filed claims of mathematical or clerical errors granted by the State, no Bid may be withdrawn within sixty Calendar Days after the Bid Opening time and date or before the Bid expiration date without forfeiting Bid security. The request to withdraw a Bid due to error must be submitted in writing along with the supporting documents within two Business Days after the date of Bid Opening. The claim must describe in detail the error(s), include a signed affidavit stating the facts of the alleged error(s) and request that the Bidder be released from its Bid. The review of the claim and its supporting documents by the State is only for the purpose of evaluating the Bidder’s request and must not create duty or liability on the State to discover any other Bid error or mistake. The sole liability of any Bid error or mistake rests with Bidder.

15. OBJECTION TO THE AWARD: A Bidder may file a written protest with the Director-SFA to object to the Apparent Low Bidder. This objection must be filed within seven Calendar Days after the date of Bid opening and must describe in detail the basis for the protest and request a determination. The Director-SFA will either dismiss or uphold the protest and notify the protestor within ten Calendar Days after receipt of the written protest.

16. BID IRREGULARITIES: The following irregularities on any Bid Form or Bid Form Attachment must be resolved as follows:

(a) between SIGMA entry and signed Bid Summary attachment, the signed Bid Summary attachment will be used;

(b) between words and figures, the words must be used;

(c) between any sum, computed by the Bidder, and the correct sum, the sum computed by the Bidder must be used;

(d) between the product, computed by the Bidder, of any quantity and Bid Unit Price and the correct product of the Unit Price and the quantity of Unit Price Work, the product extended by the Bidder must be used;

(e) between a stipulated Allowance and the amount entered, the Allowance must be used;

(f) any mobilization pay item exceeding the maximum specified must be ignored and the Bid must remain unchanged;

(g) if any Bidder fails or neglects to bid a Unit Price for an item of Unit Price Work but shows an "Bid Price" for that item, the missing unit price must be computed from the respective quantity and the Item Bid Price shown;

(h) if any Bidder fails or neglects to show a "Bid Price" for an item of Unit Price Work but bids a unit price, the missing Bid Price must remain as “zero”; and

(i) if any Bidder fails or neglects to enter a Bid Price in both words and figures, the Bid Price printed or typed, whether in words or figures, must be used.

17. CERTIFICATION: The bidder certifies to the best of its knowledge and belief that, within the past three (3) years, the bidder, an officer of the bidder, or an owner of a 25% or greater interest in the bidder:

(a) Has not been convicted of a criminal offense incident to the application for or performance of a contract or subcontract with the State of Michigan or any of its agencies, authorities, boards, commissions, or departments.

(b) Has not had a felony conviction in any state (including the State of Michigan).

(c) Has not been convicted of a criminal offense which negatively reflects on the bidder’s business integrity, including but not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, negligent misrepresentation, price-fixing, bid-rigging, or a violation of state or federal anti-trust statutes.

(d) Has not had a loss or suspension of a license or the right to do business or practice a profession, the loss or suspension of which indicates dishonesty, a lack of integrity, or a failure or refusal to perform in accordance with the ethical standards of the business or profession in question.

(e) Has not been terminated for cause by the Owner.

(f) Has not failed to pay any federal, state, or local taxes.

(g) Has not failed to comply with all requirements for foreign corporations.

(h) Has not been debarred from participation in the bid process pursuant to Section 264 of 1984 PA 431, as amended, MCL

18.1264, or debarred or suspended from consideration for award of contracts by any other State or any federal Agency.

(i) Has not been convicted of a criminal offense or other violation of other state or federal law, as determined by a court of competent jurisdiction or an administrative proceeding, that in the opinion of DTMB indicates that the bidder is unable to perform responsibly or which reflects a lack of integrity that could negatively impact or reflect upon the State of Michigan, including but not limited to, any of the following offenses under or violations of:

1. The Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.101 to 324.90106.

2. A persistent and knowing violation of the Michigan Consumer Protection Act, 1976 PA 331, MCL 445.901 to 445.922.

3. A finding that the bidder failed to pay the wages and/or fringe benefits due within the time period, as may be required by applicable law.

4. Repeated or flagrant violations of 1978 PA 390 MCL 408.471 to 408.490 (law relating to payment of wages and fringe benefits).

5. A willful or persistent violation of the Michigan Occupational Health and Safety Act, 1974, PA 154, MCL 408.10001 to 408.1094, including: a criminal conviction, repeated willful violations that are final orders, repeated violations that are final orders, and failure to abate notices that are final orders.

6. A violation of federal or state civil rights, equal rights, or non-discrimination laws, rules, or regulations.

7. Been found in contempt of court by a Federal Court of Appeals for failure to correct an unfair labor practice as prohibited by Section 8 of Chapter 372 of the National Labor Relations Act, 29 U. s. C. 158 (1980 PA 278, as amended, MCL 423.321 et seq).

(j) Is not an Iran-Linked Business as defined in MCL 129.312.

A false statement, misrepresentation or concealment of material facts on this certification may be grounds for rejection of this proposal or termination of the award and may be grounds for debarment.

Bidding and Contract Document (5/19) Project Name: Central Michigan - Generator File No. 472/17433.JAG

00-5

18. REJECTION OF BID: The Bidder acknowledges the right of the Owner to reject any Bids and to waive any informality, defects or irregularity in any Bid received. In addition, the Bidder recognizes the right of the Owner to reject a Bid if:

(a) the Bid is in any way incomplete or irregular;

(b) the Bidder, Subcontractor or Supplier is not responsible as determined by the Owner;

(c) the Bidder’s performance as a Contractor was unsatisfactory under a prior Contract with the Owner for the construction, repair, modification or demolition of a facility with the Owner, or under any other Contract, which was funded, directly or indirectly, by the Owner;

(d) there are reasonable grounds for believing that collusion or unlawful agreements exists between any Bidders, that a Bidder is interested in more than one Bid, or that the Bid is not genuine;

(e) the Bid exceeds the funds available.

19. MATERIALS AND EQUIPMENT SUBSTITUTION: Any Bidder wishing to use manufacturers or materials other than those specified must submit a written request to the Professional not later than seven days before due date for Bids. Request must be accompanied by product data to permit evaluation and comparison with specified products or materials. The Person submitting the request will be responsible for its prompt delivery. The Professional and the Owner will examine and evaluate the product data and if found acceptable, an Addendum will be issued and mailed or delivered to each Person who has received a set of Drawings and Specifications. All Addenda issued must be made a part of the Contract requirements. Contractor will be responsible for any extra work and expense incurred to satisfactorily and completely incorporating each substitute product into the Project.

20. MICHIGAN PRODUCTS AND RECYCLED PRODUCTS: All Contractors and Suppliers are encouraged to provide

Michigan-made products and/or recycled products and/or green products and/or environmentally-friendly products whenever possible where price, quality, and performance are equal to, or superior to, non-Michigan products and the requirements of the Contract Documents. The Contractor will be required to use alternatives to landfills for waste disposal such as reuse or recycle of asphalt, bricks, concrete, masonry, plastics, paint, glass, carpet, metals, wood, drywall, insulation and any other waste materials to the extent practical.

21. PRE-AWARD PRODUCT SUBMITTALS: If requested, the Apparent Low Bidders must submit a summary of preliminary technical data on each product listed in *** . The Apparent Low Bidders will furnish this summary data to the Professional within forty-eight hours of the Bid Opening. These submittals will be used to evaluate the Bid before the award.

Failure to provide the submittals may disqualify the Bid.

22. CONTRACT AND CONTRACT AWARD: The Owner intends to award a Contract to the responsive and responsible best value bidder, except as provided below relative to veteran’s preference.

22.1 Determination of the lowest three Bidders shall be on the basis of the sum of the Base Bid and any additive and deductive

Alternates the Owner accepts, in the order in which they are listed only. The Owner will accept an Alternate only if all other previously listed Alternates are also accepted, unless acceptance by the Owner of Alternates in a different order does not affect determination of the lowest three bidders in any way.

22.2 The bids will be evaluated for best value based on price and…