WWTP Solar Array Rebid.pdf

CITY OF LANSING

PURCHASING OFFICE

124 W. Michigan Ave 3rd Floor Lansing, Michigan 48933

(517) 483-4128 http://www.lansingmi.gov/460/purchasing

Andy Schor, Mayor

June 29th 2026

NOTICE TO BIDDERS

B/27/002

LANSING SOLAR WWTP PROJECT REBID

The City of Lansing officially distributes all Purchasing documents through the Michigan Inter-governmental Trade Network (MITN) and the City of Lansing Purchasing Office. Our office no longer mails bid documents, notices or addendums to our vendors. To register for the MITN system or access bid information, including addendums, go to www.mitn.info.

Bids marked “B/27/002 LANSING SOLAR WWTP PROJECT REBID ” for the Public Service

Department’s Wastewater Division will be accepted electronically on www.mitn.info or delivered to the City of Lansing, Purchasing Office, 124 W. Michigan Ave, 3rd Floor, Lansing, Michigan 48933, until 2:00 p.m., local time in effect on JULY 13, 2026. Bids received after due date and time will be rejected.

A Bid Guaranty (in accordance with Federal Circular No. 570) in the amount equal to but not less than 5% of the total amount of the proposal shall accompany all bids. Certified checks, bank drafts, negotiable U.S.

Government Bonds (at par value), Small Business Administration Guaranteed Securities, or a Bid Bond will be acceptable. (See page 3 of specifications for complete requirements for Bid Guaranty). Bonding agencies must be approved for doing business in the State of Michigan. No "offshore" bonding agencies will be accepted.

Any changes made to the plans and/or specifications shall be made in the form of an Addenda prepared by the City of Lansing and posted on MITN. All addenda shall become part of the Contract Document, and all bidders shall be bound by such Addenda, whether or not received by the Bidder.

Location:

The location of the proposed solar array construction for the project known as B/27/002, is 1625 Sunset Ave Lansing MI 48917

The City reserves the right to accept any bids, to reject any or all bids and to make the award in the best interest of the City.

Bid results will only be released via email, self-addressed stamped envelopes or on the Internet at www.mitn.info. Please forward your email request to: stephanie.robinson@lansingmi.gov http://www.mitn.info/ http://www.govbids.com/scripts/MITN/public/home1.asp mailto:marilyn.chick@lansingmi.gov%20

Notice to bidders

The City of Lansing gives preference to Lansing-based job providers in the procurement of all goods and services, and will give priority to those firms that provide the City with goods the City may require for this or other projects as made or provided for by United States based firms, with appropriate documentation provided with bid response showing U.S. manufacturing or assembly.

The City strongly encourages general contractors to provide opportunities for minority- and women-owned businesses/subcontractors to participate in this project along with the use of Lansing-based businesses.

Any contractual or Bid package questions should be directed to Stephanie Robinson, Purchasing, at (517) 483-4128, stephanie.robinson@lansingmi.gov or for Technical questions contact Bill

Brunner, Wastewater Division @ (517) 483-4018, Bill.Brunner@lansingmi.gov

Stephanie Robinson

Senior Buyer mailto:stephanie.robinson@lansingmi.gov mailto:Bill.Brunner@lansingmi.gov

Solicitation Number: B/27/002

Solicitation Name: LANSING SOLAR WWTP PROJECT REBID

The City of Lansing Purchasing Office is collecting information regarding the use of the MITN e-procurement system. We are also collecting demographic information regarding Lansing based business.

This form will not be used during the evaluation of bids or proposals. You may return this sheet, which is voluntary, with your submittal or shortly thereafter. Please, do not staple this to your bid document.

I. Where did your firm receive of this solicitation? Please check all that apply.

____ City of Lansing Purchasing Web Page http://www.mitn.info

_____City of Lansing Purchasing Office

____ Other, please list:___________________________________________________________________________

II. Demographic Information:

Is your firm located or have a business office within the corporate city limits of Lansing yes_____ no______

III. Company Information Federal Tax ID Number _____________________

Firm Name

Address (Street, City, State, ZIP)

Phone Number Fax Number

Contact Person Email

Thank you for your participation.

Attention Bidders

The City of Lansing in partnership with the business community recognizes the need to facilitate economic development in our community. As part of the economic growth strategy, the City has incorporated Local

Preference into City Purchasing policies.

Local Preference Statement:

A Lansing based business that has been deemed responsive and responsible according to the requirements of the Purchasing Ordinance that is within 10% of the low bid will be given an opportunity to match the low bid amount to receive the contract. If there is more than one qualified, responsive and responsible Lansing based bidder, the first opportunity to match the low bid will go to the Lansing based firm with the lowest bid.

If the Lansing based business refuses to match the low bid, the contract will be awarded to the responsive and responsible low bidder.

Qualifications for Lansing Based Business status:

1) Pay City income taxes on Net Profits

2) Pay City property taxes on a plant or office and equipment used for the performance of the contract bid upon - or - other real or personal property in the City of Lansing equivalent in value to such plant or office and equipment for not less than one year prior to determination.

Additional Information:

The full copy of the Ordinance is on file in the Purchasing Office, the City Clerk’s office or on the City of

Lansing Purchasing Web site located at:

DATE___________ REQUEST FOR BID

Please complete Section I and Section II.

Section I BID AND AWARD Initial:_____

The undersigned, having become thoroughly familiar with and understanding the entire Bid documents attached hereto, agrees to provide the services as specified herein, for the total fees as stipulated herein, subject to negotiation.

I hereby state that all the information I have provided is true, accurate and complete. I hereby state that I have authority to submit this Bid which will become a binding contract if accepted by the City of Lansing. I hereby state that I have not communicated with, nor accepted anything of value from an official or employee of the City of Lansing that would tend to destroy or hinder free competition.

I hereby state that I have read, understand and agree to be bound by all the terms of this Bid document.

Please initial next to Bid and Award, sign Section II and submit with your response to this solicitation.

Section II SIGNATURE

SIGNED: __________________________ NAME: _________________________________

TITLE: ______________________________________ DATE: _______________________

FIRM NAME: _______________________________________________________________

FEDERAL TAX ID NUMBER: _________________________________________________

ADDRESS: __________________________________________________________________

(Street) (City) (State) (Zip)

PHONE: (_______) ________________________ FAX: (_______) ______________________

EMAIL: ______________________________________________________________________

CITY OF LANSING

PURCHASING OFFICE

124 W. Michigan Ave 3rd Floor.

Lansing, Michigan 48933

(517) 483-4128

Andy Schor, Mayor

CERTIFICATION REGARDING

DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

The prospective participant certifies, to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from participation in transactions under any non-procurement programs by any federal, state or local agency.

(2) Have not, within the three-year period preceding, had one or more public transactions (federal, state, or local) terminated for cause or default; and

(3) Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) and have not, within the three-year period preceding the proposal, been convicted of or had a civil judgment rendered against it:

(a) For the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction (federal, state, or local), or a procurement contract under such a public transaction;

(b) For the violation of federal, or state antitrust statutes, including those proscribing price fixing between competitors, the allocation of customers between competitors, or bid rigging; or

(c) For the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

I understand that a false statement on this certification may be grounds for the rejection of this proposal or the termination of the award. In addition, the general grant of this authority exists within the City’s Purchasing

Ordinance, Sec. 206.02 (a) (1) (G).

[ ] I am able to certify to the above statements. [ ] I am unable to certify to the above statements. Attached is my explanation.

Name of Agency/Company/Firm (Please Print)

Name and title of authorized representative (Please Print)

Signature of authorized representative Date

WWTP SOLAR ARRAY

AC SYSTEM

CITY OF LANSING, MICHIGAN

DEPARTMENT OF PUBLIC SERVICE

ANDREW KILPATRICK, P.E.

DIRECTOR OF PUBLIC SERVICE

NICOLE MCPHERSON, P.E.

CITY ENGINEER

Contract Document Table of Contents

00100 INSTRUCTIONS TO BIDDERS

00300 BID FORM

00410 BID BOND

00450 STATEMENT OF BIDDERS QUALIFICATIONS

00451 CERTIFICATION REGARDING DEBARMENT

00460 FEDERAL WAGE RATES

00490 AFFIDAVIT OF NON-COLLUSION FORM

00500 AGREEMENT

00610 PERFORMANCE BOND

00620 PAYMENT BOND

00700 GENERAL CONDITIONS

00800 SUPPLEMENTAL GENERAL CONDITIONS

SPECIAL PROVISIONS

01110 - SUMMARY OF WORK

01210 - ALLOWANCES

01290 - APPLICATIONS FOR PAYMENT

01310 - PROJECT COORDINATION

01330 - SUBMITTALS

01450 - QUALITY CONTROL SERVICES

01500 - TEMPORARY FACILITIES

01600 - GENERAL EQUIPMENT STIPULATIONS

01770 - CONTRACT CLOSEOUT

02225 - SELECTIVE DEMOLITION

02310 - EARTHWORK

02805 - RESTORATION WORK

13410 - BASIC INSTRUMENTATION REQUIREMENTS

13413 - OPTICAL FIBER CABLING SYSTEMS

16050 - BASIC ELECTRICAL REQUIREMENTS

16060 - GROUNDING

16070 - SUPPORTING DEVICES

16075 - ELECTRICAL INDENTIFICATION

16120 - WIRES & CABLES

16130 - RACEWAYS

16135 - CABINETS, BOXES & FITTINGS

16139 - VAULTS

16140 - WIRING DEVICES

16330 - MEDIUM VOLTAGE TRANSFORMERS

16410 - CIRCUIT & MOTOR DISCONNECTS

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SECTION 00100 INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

ARTICLE 1 - DEFINED TERMS

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

ARTICLE 5 - PRE-BID CONFERENCE

ARTICLE 6 - SITE AND OTHER AREAS

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; COMPARISON OF BIDS

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 - CONTRACT SECURITY AND INSURANCE

ARTICLE 21 - SIGNING OF AGREEMENT

ARTICLE 22 - SALES AND USE TAXES

ARTICLE 23 - RETAINAGE

ARTICLE 24 – WAGES AND SALARY

ARTICLE 25 - CONTRACTS TO BE ASSIGNED

ARTICLE 26 - EQUAL EMPLOYMENT OPPORTUNITY

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ARTICLE INDEX (Alphabetical by Subject)

Subject Page Number

BASIS OF BID; COMPARISON OF BIDS

BID SECURITY

BIDS TO REMAIN SUBJECT TO ACCEPTANCE

CONTRACT SECURITY AND INSURANCE

CONTRACT TIMES

CONTRACTS TO BE ASSIGNED

COPIES OF BIDDING DOCUMENTS

DEFINED TERMS

EQUAL EMPLOYMENT OPPORTUNITY

EVALUATION OF BIDS AND AWARD OF CONTRACT

EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

INTERPRETATIONS AND ADDENDA

LIQUIDATED DAMAGES

MODIFICATION AND WITHDRAWAL OF BID

OPENING OF BIDS

PRE-BID CONFERENCE

PREPARATION OF BID

QUALIFICATIONS OF BIDDERS

RETAINAGE

SALES AND USE TAXES

SIGNING OF AGREEMENT

SITE AND OTHER AREAS

SUBCONTRACTORS, SUPPLIERS, AND OTHERS

SUBMITTAL OF BID

SUBSTITUTE AND “OR-EQUAL” ITEMS

WAGES AND SALARY

00100-3

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 which are applicable to both the singular and plural thereof:

A. Bidder – The individual or entity who submits a Bid directly to the OWNER.

B. Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

C. Successful Bidder—The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on basis of OWNER’s evaluation as hereinafter provided) makes an award.

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the price as stated in the Advertisement or Invitation to

Bid may be obtained from the issuing office or alternate location as noted. No refunds for return of Bidding Documents will be made.

2.02 Complete sets of Bidding Documents must 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 confer a license or grant for any other use.

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

3.01 It is the intent of OWNER to award this Contract to a Bidder qualified to perform and complete all Work in a timely and satisfactory manner. OWNER may require that all prospective Bidders and each Subcontractor whose Bid is more than fifteen thousand dollars ($15,000) complete and submit to OWNER the Statement of Bidder’s Qualifications, located in Section 00450. To demonstrate Bidder’s qualifications to perform the Work, within five days of OWNER’s request, Bidder shall submit written evidence such as financial data; previous experience, present commitments, and such other data as may be called for.

3.02 Bidder’s failure to submit the Statement of Bidder’s Qualifications, Section 00450, will be seen as unresponsive and may be cause for rejection of the Bid.

3.03 The City of Lansing’s Code of Ordinances, Section 206.07 (b) allows for the removal of a vendor’s name from OWNER’s vendor mailing list if Bidders have not responded to the last two (2) bid requests. Failure to respond to the last two (2) Advertisements or Invitations to Bid, non-responsive to this Bid, or no notification from Bidder to remain on OWNER’s vendor mailing list, may result in removal from the vendor mailing list.

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Bidding Documents.

2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents.

00100-4

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available for review at the OWNER’s or ENGINEER’s office on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of 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.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of 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.

4.04 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 conditions appear in Paragraphs 4.02, 4.03, and 4.04 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 4.06 of the General Conditions.

4.05 On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. 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. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 Reference is made to the construction drawings for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime CONTRACTORs) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.

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

A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

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

D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous

00100-5

Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions;

E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

F. agree at the time of submitting its Bid that 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 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. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;

I. 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;

and

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

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 - PRE-BID CONFERENCE

5.01 No Pre-Bid conference will be held.

ARTICLE 6 - SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents.

A. Projects may require the acquisition of temporary easements and/or grading permits. The acquisition of temporary easements necessary to construct the project will be the responsibility of the ENGINEER or OWNER to acquire, unless otherwise noted.

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to OWNER in writing.

Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by an Addenda. The OWNER will post Addenda to MITN which will send notifications to all parties recorded as having received the Bidding Documents.

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7.02

7.03

Questions may be submitted up to Wednesday, July 8, 2026, at 3:00 p.m. Any questions received after 3:00 p.m. will not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. Final addenda will be issued no later than Thursday, July 9, 2026..

ARTICLE 8 - BID SECURITY

8.01 A Bid must be accompanied by Bid security, certified check, bank draft, negotiable U.S. government bonds (at par value), SBA guaranteed securities or a bid bond made payable to OWNER in an amount of 5% of Bidder’s maximum Bid price and in the form of a certified check, bank draft, negotiable U.S. government bonds (at par value), SBA, guaranteed securities or a Bid bond on the form attached issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until 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 returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom 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

Agreement or the bid hold time of the contract has expired, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned 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 are to be achieved and the Work is to be (a)

Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 - LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding

Documents, or those substitute or “or-equal” materials and equipment approved by ENGINEER and identified by

Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or “or-equal” item. No item of material or equipment will be considered by ENGINEER as a substitute or “or-equal” unless written request for approval has been submitted by Bidder and has been received by ENGINEER at least 15 days prior to the date for receipt of Bids. Each such request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. ENGINEER’s decision of approval or disapproval of a proposed item will be final. If

ENGINEER approves any proposed item, such approval will be set forth in an Addendum issued to all prospective

Bidders. Bidders shall not rely upon approvals made in any other manner.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful

Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such

Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. 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, individual, or entity if requested by

OWNER. 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 a substitute, 00100-7 in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the Contract award.

12.02 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, 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 revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom

CONTRACTOR has reasonable objection.

ARTICLE 13 - PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from ENGINEER.

13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member 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 below the signature.

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

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature.

13.08 All names shall be typed or printed in ink below the signatures.

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

Form. Acknowledgment of addenda shall also be indicated on the outside of the sealed envelope.

13.10 The address and telephone number for communications regarding the Bid shall be shown.

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

ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS

14.01 Lump Sum

A. Bidders shall submit a lump sum Bid for the Work listed in the Bid schedule.

C. Discrepancies between words and figures will be resolved in favor of the words.

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14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions.

14.03 Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion.

The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9.

ARTICLE 15 - SUBMITTAL OF BID

15.01 Each prospective 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 following data:

A. Required Bid security in the form of a certified check, bank draft, negotiable U.S. Government Bonds (at par value), Small Business Administration Guaranteed Securities, or a Bid Bond.

B. Certification Regarding Debarment, Suspension, and Other Responsibility Matters, Section 00451.

D. Affidavit for Payment of Prevailing Wages and Fringe Benefits, Section 00500.

E. Notice to labor Unions or Other Organizations of Workers Nondiscrimination in Employment, Section 00500.

F. A tabulation of Subcontractors, suppliers and other individuals and entities required to be identified in this Bid, Section 00500.

G. List of Project References

H. Required Bidder Qualification Statement with Supporting Data

I. Affidavit of Non-Collusion

J. City Ordinance 1339 Supporting information, Section 00300 Article 5:

• Evidence of the ability, capacity and skill of the bidder to perform the contract or provide the service or supplies required.

• Evidence of the ability of the contractor to perform services within the specified contract time.

• Evidence of the character, integrity, reputation, judgement, experience, and efficiency of the bidder in business

• Evidence of the quality of performance and time of completion by the bidder of previous contracts and services,.

• Evidence of the bidder’s compliance with laws and ordinances relating to contract performance,

• Evidence of the sufficiency of the financial resources, equipment and personnel resources, .

• Evidence of the quality, availability and adaptability of the suppliers or services to the particular use required.

• Evidence of the ability of the bidder to provide future maintenance and service.

• Documentation of supplies that are recyclable, biodegradable, or otherwise compatible with environmental concerns.

K. Bidder acknowledges that the Work is subject to the federal registered apprenticeship requirements applicable to the

Project, and shall require the same of all subcontractors and lower-tier subcontractors.

15.02 A Bid shall be submitted 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 an opaque sealed envelope plainly marked 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. A mailed Bid shall be addressed to the attention

00100-9 of the Purchasing Manager at the address listed in the Advertisement or Invitation for Bids. Mailed Bids must be received by the time and date listed in the Advertisement or Invitation for Bids, or they will be returned unread and unopened.

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the 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.

16.02 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. Bid results will only be released via email, self-addressed stamped envelopes or on the Internet at www.mitn.info. Please forward your email request to:

stephanie.robinson@lansingmi.gov.

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, non-responsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

A. The following may be considered examples of sufficient grounds for determining that a Bidder is not responsible, or for objecting to any of the Bidder’s Subcontractors (even if holding a valid license) or Suppliers:

1. Being listed on the Michigan Department of Labor’s register of employers who have 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 or Chapter 372 of the National Labor Relations Act, 29 U.S.C. 158 (1980 PA No. 278, as amended, MCL

423.321 et seq.)

2. Being 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 Municipal, State, or any federal Agency.

3. A felony conviction in any state (including this State) within the last three (3) years before the date of Bid opening.

4. Lack of adequate experience or demonstrated qualifications of capability to perform the trades or classification of the Work specified in the Bidding Documents.

5. Reasonable doubt concerning the ability to maintain adequate construction equipment, quality control, schedule control or financing to meet contractual obligations under the Bidding Documents.

6. A previous termination for cause by the OWNER within the last three (3) years before Bid opening.

7. Failure to comply with all requirements for foreign corporations.

http://www.govbids.com/scripts/MITN/public/home1.asp mailto:stephanie.robinson@lansingmi.gov

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8. Concealment, misrepresentation or misstatement of any material facts.

9. Failure to pay any federal, State or local taxes.

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

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 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.

19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 In evaluating Bidders, OWNER will use the weighted scoring system per Section 00300 Article 5. False statements by bidders to any of the criteria provided will result in the proposal being considered non-responsive and will not be considered for award.

19.06 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

19.07 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the

Project.

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

20.01 Article 5 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 executed Agreement to OWNER, it shall be accompanied by such Bonds.

ARTICLE 21 - SIGNING OF AGREEMENT

21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within 21 days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

ARTICLE 22 - SALES AND USE TAXES

22.01 CONTRACTOR is responsible for all sales and use taxes on materials and equipment to be incorporated into the Work or used to complete the Work, and the amounts of such taxes shall be included in the Bid. Refer to Paragraph GC-

6.10 of the General Conditions for additional information.

ARTICLE 23 - RETAINAGE

23.01 Provisions concerning CONTRACTOR’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 24 - WAGES AND SALARY

24.01 The Successful Bidder shall comply with the prevailing wage and salary rates as required by the City of Lansing’s

Ordinance Section 206.18. The City reserves the right to audit payrolls. The City requires submission of weekly payrolls from all CONTRACTORs to verify compliance with federal, state and local Equal Opportunity Employment and affirmative action requirements, and prevailing wage rates. The bidders are hereby advised that as

00100-11 of January 1, 1986, it is no longer a Federal requirement for CONTRACTORs to pay time and one-half to employees working more than eight hours a day. Overtime compensation will continue, however, to be required for hours worked in excess of 40 hours per week. Please see the Labor Standard Provisions, EPA form 5720-4 and the U.S. Department of Labor Memorandum No. 143 included in these bid documents for further information. The Successful Bidder upon being notified that it is in violation of Lansing Ordinance Section 206.18 and that an amount is due, shall pay the deficiency to the employees within 30 days from the date of the notification of the deficiency.

The Successful Bidder may be charged with a misdemeanor if it fails to pay the deficiency to the employees within 30 days from the date of the notice of the deficiency. If the Successful Bidder is found guilty the Successful Bidder shall:

1. Pay all wages and fringe benefits plus interest at 2% per month;

2. Pay the cost of collection by the City and;

3. The Successful Bidder shall be prohibited from bidding on or performing work as a Subcontractor on or being awarded any contracts for the City for three (3) years from the date the Successful Bidder is found guilty.

A. For projects which are completely funded by local funds, the Minimum rates of pay are set forth for the City of

Lansing, County of Ingham, State of Michigan by the U.S. Department of Labor. Copies are available from the City of Lansing Human Relations Department. The City requires submission of weekly payrolls from CONTRACTORs to verify compliance with federal, state and local Equal Opportunity Employment and affirmative action requirements, and prevailing wage rates. Resolution of any disputes regarding work classifications on projects completely funded by local funds will be the responsibility of the Human Relations Director. All parties to the dispute will be given ample opportunity to present their evidence. Requests for additional work classifications proposed to be used by the CONTRACTOR, and which are not included in the U.S. Department of Labor wage determination utilized by the project will be submitted to the Human Relations Department prior to the start of construction. It is therefore the responsibility of Bidders to inform themselves as to the local labor conditions such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates and work classifications.

B. Projects which are funded in whole or in part by federal funds shall be subject to the Davis-Bacon Act as outlined in the Labor Standards Provision for Federally Assisted Construction Contracts, and the applicable sections of 41 CRF Part 60-4 October 3, 1980 Construction CONTRACTORs Affirmative Action Requirements; Goals for Minority Participation in the Construction Industry; and 41 CRF Part 60-4 December 30, 1980, Construction CONTRACTORs Affirmative Action Requirements; and U.S. Department of Labor Federal Wage Rate Determination, both of which are included in the Contract Documents, the rates of pay set forth under GENERAL CONDITIONS, are the minimum to be paid during the term of the Contract. It is therefore the responsibility of Bidders to inform themselves as to the local labor conditions such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates and work classifications.

C. Failure on the part of the successful Bidder to comply with any provisions of the Instructions to Bidder shall be deemed a material breach of this contract.

ARTICLE 25 - CONTRACTS TO BE ASSIGNED

ARTICLE 26 - EQUAL EMPLOYMENT OPPORTUNITY

26.01 Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated on any illegal basis including race, color, religion, sex, or national origin as required by the City of Lansing's Ordinance Section 206.21 (see Equal Opportunity Provisions).

MBE/WBE/HBE and LOCAL PARTICIPATION

A. It is the desire of the City to have increased participation by Minority Owned Business Enterprise (MBE), Women

Owned Business Enterprise (WBE), and Handicapped Owned Business Enterprise (HBE), firms as well as City residents in City Construction Projects. In order to fulfill this desire, the City is requesting that vendors comply with several voluntary goals:

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1. 25% of total project hours performed by City residents

2. 15% of subcontracted work performed by local Subcontractors

3. 19.03% workforce minority

4. 17.51% workforce female

B. In order to achieve these goals, the City expects that the bidders of our Construction projects will participate in the following activities as well as any other activities the bidders feel will be of assistance:

1. Advertise regarding the timing and content of the projects.

2. Advertise in local newspapers, trade publications and submit bid notices to MBE/WBE/HBE and local firms.

3. Promote local piping, concrete, paving material and related suppliers.

4. Hold informational meetings with local Subcontractors regarding bonding and insurance requirements.

5. Prequalify local Subcontractors and suppliers

6. Encourage all bidding CONTRACTORs to maximize their local participation

7. Cooperate with the City Human Relations Department and the City's recruiter in locating firms who can qualify as a Subcontractor for the CSO project.

C. The City will have the following resources and/or programs available to assist the bidders in complying with these goals:

1. A list of firms and agencies for mailing and advertisement.

2. Human Relations and the City Recruiter will have available applications/inquiries by City residents to work on the projects.

3. Formulate informational meetings for City residents and MBE/WBE/HBE firms to attend in order to communicate directly with bidder's staff and submit applications to the bidder's firms.

D. As part of your bid, you must submit specific project plans to meet the goals listed above. In addition, local utilization of Subcontractors, suppliers and employees will be evaluated based on "good faith" efforts to solicit and award contracts to such firms/employees. These "good faith" efforts will be monitored by the City's Human Relations and Community Services Department.

E. Affirmative Action Plan as amended, which states (Affirmative Action Plan for Non-Federally Funded Efforts

Part III (3):

1. It is the responsibility of each CONTRACTOR who falls within the terms of the Paragraph #1 to develop goals and objectives for the effective utilization and employment of minorities and women;

establish realistic timetables for achieving goals and objectives; and…