BID DOCUMENTS & SPECIFICATIONS

Transcription

1 BID DOCUMENTS & SPECIFICATIONS For WILDERNESS DRIVE DRAIN Sections 2-3 & 10, DeWitt Township Clinton County, Michigan Prepared for Phil Hanses 100 M-21 St Johns, MI October 25, 2016 Prepared by: 3135 Pine Tree Road, Suite D Lansing, MI

2 Kinnie Brook Drain November 30, 2015 Eaton County Drain Commissioner 1627 THIS PAGE LEFT INTENTIONALLY BLANK 2

3 SECTION TABLE OF CONTENTS BIDDING REQUIREMENTS AND CONDITIONS OF THE CONTRACT Section Section Section Section Section Section Section Section Title Page Table of Contents Notice of Letting Instruction to Bidders Bid Form Bid Bond Agreement Performance Bond Section Section Section Section Section Section Payment Bond General Conditions Supplementary Conditions Forms Notice of Award Notice to Proceed DIVISION 1 GENERAL REQUIREMENTS Section Section Section Section Section Section Section Summary of Work Staking and Inspection Services Schedule of Values Modification Procedures Meetings Measurement & Payment Submittals Section Section Section Section Section Section Section Construction Progress Schedules Quality Control Construction Facilities and Temporary Controls Traffic Regulation Materials and Equipment Contract Closeout Project Record Documents DIVISION 2 SITE WORK (DRAIN CONSTRUCTION) Section Section Section Section Section Section Section Section Miscellaneous Specifications Trees Dewatering Excavation Support Systems Backfilling Trenching Aggregate Base Course Rip Rap Slope Protection and Erosion Control Section Soil Erosion and Sedimentation Control Section Filter Fabric Section Pavement Repair Section Enclosed Drain Specifications Section Catch Basins and Inlets Storm Drains Section Landscape Grading Section Seeding Section Cleanup & Restoration END OF SECTION

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5 SECTION NOTICE OF LETTING AND DAY OF REVIEW OF APPORTIONMENTS NOTICE OF LETTING DATE: Wednesday, November 30, 2016 TIME: 11:00 a.m. LOCATION: s Office 100 E. State Street St. Johns, Michigan QUESTIONS: (989) The will meet on the above date, time, and location to receive construction bids for the Wilderness Drive Drain. Bids will then be opened and publicly announced. The Wilderness Drive Drain will be let in 1 section(s) as follows, each section having the length, average depth and width as set forth: 1,020 feet of 15-inch diameter enclosed drain (AASHTO M-294), having an average depth of 3.85 feet; Estimated Unit Description Qty 1 LS Mobilization 1,020 LF 15 Dia. Smooth Lined Corrugated Plastic (SLCPP) drain pipe 4 EA 15 Tee & Riser w/ E.J.I.W. 6110N Grate 2 EA 18 Metal Flared End Sections 10 SY Remove & Reuse Existing Rip Rap at Sta SY Remove & Replace Asphalt Driveway 15 SY Remove & Replace Concrete Driveway SY LF LF SY SY SY SY LS LS LS Remove & Replace Gravel Driveway Roadside Ditch Construction Berm Construction Landscape Seeding Ditch Seeding Mulch Blanket Mulch Soil Erosion and Sedimentation Control Project Cleanup Traffic Control This Notice of Letting, the plans, specifications, and bid proposal shall be considered a part of the Contract. The Contract will be let in accordance with the Contract Documents now on file at

6 s Office and available to interested parties. Bids will be made and received in accordance with these documents. Contract Documents, including plans and specifications, may be examined online via the Drain Commissioner s website and at the following location, starting on November 14th: s Office 100 E. State Street St. Johns, Michigan Paper Copies of Contract Documents may be obtained upon payment of a $20.00 non-refundable deposit. An additional non-refundable charge of $5.00 will be required for sending out Contract Documents. Electronic copies of Contract Documents may also be obtained from the Clinton County Drain Commissioners website free of charge. A security deposit in the form of a cashier s check, money order, certified check or bidders bond shall be submitted with any bids. No cash will be permitted. The security deposits of all unsuccessful bidders shall be returned after the Contract is awarded. The Contract will be awarded to the lowest responsive and responsible bidder giving adequate security for the performance of the work and meeting all conditions represented in the Instructions to Bidders. The Contract completion date and the terms of payment are included in the Contract Documents. If no satisfactory bids are received, we reserve the right to reject any and all bids and to adjourn to a time and location as we shall announce. DAY OF REVIEW OF APPORTIONMENTS DATE: Tuesday, December 13, 2016 TIME: 9:00 a.m. to 5:00 p.m. LOCATION: s Office 100 E. State Street St. Johns, Michigan QUESTIONS: (989) The will hold a Day of Review of Apportionments on the above date, time, and location. The Day of Review is an opportunity to review the tentative apportionment of benefit for each parcel and municipality within the Drainage District. The Drain Commissioner, engineers and/or other staff members will be available to assist individuals throughout the day, and make revisions where necessary. There is no need to schedule an appointment for a specific time on the Day of Review. The computation of costs for the Drain will also be available at the Day of Review. Drain assessments are collected in the same manner as property taxes and will appear on your winter tax bill. If drain assessments are being collected for more than one (1) year, you may pay the assessment in full with any interest to date at any time and avoid further interest charges

7 Persons with disabilities needing accommodations for effective participation in the Day of Review should contact the Drain Commissioner s Office at the number noted above (voice) or through the Michigan Relay Center at (TDD) at least 24 hours in advance of the Day of Review to request mobility, visual, hearing or other assistance. You may appeal the Drain Commissioner s determination of apportionments to the Clinton County Probate Court within ten (10) days. The following is a description of the several tracts or parcels of lands constituting the Special Assessment District of the Wilderness Drive Drain, as well as a list of any county, township, city, village to be assessed at large: Sections 2-3 & 10, T. 5 N R. 2 W, DeWitt Township, Clinton County, Michigan Beginning at the northeast corner of Section 10, T.5 S.-R.2 W., Dewitt Township, Clinton County, Michigan; S " W., feet; along the centerline of Wood Rd; thence S " W., feet; thence N " W., feet; thence N " W., feet; thence N " W., feet; thence N " W., 36.5 feet; thence N " E., 65.7 feet; thence N " W., 30.8 feet; thence N " W., 59.2 feet; thence N " W., 87.4 feet; thence N " W., feet to a point on the south line of Section 3, T.5 S.-R.2 W., Dewitt Township, Clinton County, Michigan; which is feet, N W., of the southeast corner of said Section 3; continuing into Section 3, N " W., 89.9 feet; thence N " W., feet; thence N " W., feet; thence N " W., feet; thence N " E., feet; thence N " E., feet; thence N " W., feet; thence N " W., feet; thence N " E., feet; thence N " W., feet; thence N " E., feet; thence N " W., feet; thence N " E., feet; thence S " E., 15.0 feet; thence S " E., feet; thence S " E., feet; to a point on the west line of Section 2, T.5 S.- R.2 W., Dewitt Township, Clinton County, Michigan; which is feet, S W., of the northwest corner of said Section 2; continuing into Section 2, N " E., feet; thence N " E., feet; thence N " E., feet; thence N " E., feet; thence S " E., feet; thence S " E., feet; thence S " E., feet; thence S " W., feet; thence S " W., feet; thence S " W., feet; thence S " W., feet; thence S " E., 75.5 feet; thence S " E., 59.4 feet; thence S " W., feet; thence S " W., feet; thence S " E., feet; thence S " W., 64.1 feet; thence S " W., feet to the point of beginning, containing acres, more or less. DeWitt Township Clinton County Clinton County Road Commission Dated: Phil Hanses

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9 ARTICLE 1 DEFINED TERMS SECTION INSTRUCTIONS TO BIDDERS 1.01 Terms used in these Instructions to Bidders and defined in Section General Conditions (Standard General Conditions of the Construction Contract, EJCDC, C-700, 2002 edition) and have meanings assigned to them in Section General Conditions Other terms used in the Bidding Documents and not defined elsewhere have the following meanings, which are applicable to both the singular and plural thereof: Bidder One who submits a Bid directly to OWNER, as distinct from a sub-bidder, who submits a bid to an OWNER. Successful Bidder - The lowest, responsive, responsible Bidder to whom OWNER (on the 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 deposit sum, if any, stated in the Advertisement to Bid may be obtained from ENGINEER Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. ARTICLE 3 QUALIFICATIONS OF BIDDERS 3.01 Each Bidder must be prepared to submit, within 5 days of OWNER's request, written evidence of qualifications to perform the Work. The written evidence will include: financial data, previous experience, present commitments and other such data as may be requested by OWNER. Bidder must be prepared to show previous experience in constructing at least three projects of a similar type, comparable size and comparable complexity within the past five years. Each Bid must contain evidence of Bidder s qualification to do business in the state where the Project is located or Bidder must covenant to obtain such qualification prior to award of the Contract In addition to the above, when so requested, Bidder shall meet with OWNER s representatives and give further information in order to determine Bidder s qualifications, responsibility, ability to perform and complete the Work in accordance with the Contract Documents OWNER reserves the right to reject any Bid if the evidence submitted by, or investigation of, Bidder fails to satisfy OWNER that the Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein

10 ARTICLE 4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.01 It is the responsibility of each Bidder before submitting a Bid: To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents including technical data referred to below, if any; To visit the Site to become familiar with and satisfy Bidder as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work; To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data and; To promptly notify ENGINEER of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents Refer to Section Supplementary Conditions for information on reference materials, if any, which ENGINEER has used in preparing the Contract Documents and a determination of the technical data therein upon which Bidder may rely Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site are based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities or others, and OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided in Section Supplementary Conditions Provisions concerning responsibilities for the adequacy of data, if any, furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in Paragraphs 4.02 and 4.03 of Section General Conditions Before submitting a Bid, each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site or otherwise, which may affect cost, progress, performance or furnishing of the Work and which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents On request, OWNER will provide each Bidder access to the Site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such examinations, investigations, explorations, tests and studies Reference is made in the Contract Documents and Section Summary of Work, for the identification of the general nature of work, if any, that is to be performed at Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to

11 be submitted. On request, the OWNER will provide to each Bidder for examination access to or copies of Contract Documents, if any, (other than portions thereof related to price) for such work 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 Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated in or expressly required by the Contract Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by ENGINEER is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work The provisions of paragraphs 4.01 through 4.07, inclusive, of section Instructions to Bidders do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06 of Section General Conditions, unless they are shown or indicated in the Documents and Specifications or identified in the Contract Document. ARTICLE 5 AVAILABILITY OF LANDS FOR WORK, ETC The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract 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 Contract Documents OWNER has acquired easements and access locations. CONTRACTOR will be limited to those areas and specifically limited to the limits of disturbance as shown on the plans. Copies of easement documents are available for review. CONTRACTOR must familiarize himself/herself with those easements and include the cost for complying with easement provisions in his Bid Work time limitations, coordination, field office and staging areas, and related matter are included in Section Summary of Work. ARTICLE 6 INTERPRETATIONS AND ADDENDA 6.01 All questions about the meaning or intent of the Contract Documents are to be directed to ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda, which will be mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Questions asked after END OF BUSINESS, November 30, 2016 will not be answered, within the discretion of the OWNER. Oral and other interpretations or clarifications will be without legal effect

12 6.02 Any conflicts, errors, ambiguities or discrepancies between the project plans and specifications as identified by the CONTRACTOR shall be brought to the immediate attention of the ENGINEER Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER. ARTICLE 7 BID SECURITY 7.01 Each Bid must be accompanied by Bid security made payable to OWNER in an amount of 5% of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (optional form attached) issued by a surety meeting the requirements of Article 5 of Section General Conditions The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and 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 Agreement and furnish the required Contract security within 7 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 10 th day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within 5 days after the Bid opening. ARTICLE 8 CONTRACT TIMES 8.01 The numbers of days within which the Work is to be substantially completed and also completed and ready for final payment (the Contract Times) are set forth in the Bid Form and the Agreement. ARTICLE 9 LIQUIDATED DAMAGES 9.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 10 SUBSTITUTE OR "OR-EQUAL" ITEMS The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items Whenever materials and equipment are indicated in the Drawings or specified in the Specifications by using the name of one or more Suppliers, the bid shall be based on providing the materials or equipment of one of the Suppliers name Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or or equal item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Paragraph 6.05 of Section General Conditions, which may be supplemented in Division 1 General Requirements

13 ARTICLE 11 SUBCONTRACTORS, SUPPLIERS AND OTHERS If Section Supplementary Conditions requires or if OWNER requests the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish principal items of material and equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within 7 days after the Bid opening submit to OWNER a list of all such Subcontractors, Suppliers and other persons and organizations 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 qualifications for each such Subcontractor, Supplier, person or organization if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may, before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute, that Bidder's Bid price will be increased (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. If apparent Successful Bidder declines to make any such substitutions, OWNER may award the contract to the next lowest bidder that proposed to use acceptable Subcontractors, Suppliers and other persons and organizations. Declining to make requested substitutions will not constitute grounds for forfeiting the Bid security of any Bidder. Any Subcontractor, Suppliers, or other person or organization listed and to whom OWNER or ENGINEER does not make 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 documents as provided in Paragraph 6.06 of Section General Conditions CONTRACTOR shall not be required to employ any Subcontractor, supplier, other person or organization against whom CONTRACTOR has reasonable objection except as identified in those Procurement Contracts, if any, which will be assigned to the CONTRACTOR and identified in the Contract Documents. ARTICLE 12 BID FORM The Bid Form is included with the Bidding Documents; additional copies may be obtained from ENGINEER All blanks on the Bid Form must be completed legibly in ink or by typewriter Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed, if required by state law, an attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be indicated below the signature Bids by joint ventures or partnerships must be executed in the partnership or joint venture name and signed by all partners, whose title must appear under the signature and the official address of the joint venture or partnership must be provided Bids by limited liability companies must be executed in the name of the limited liability company and signed by a member, if the limited liability company is member-managed or by the manager and a member, if the limited liability company is manager-managed

14 12.06 All names must be typed or printed below the signature, and corporations, partnerships, joint ventures or limited liability companies must provide the registered address as on file with the Michigan Department of Energy, Labor and Environmental Growth The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form) The electronic mail address, mailing address and telephone number for communications regarding the Bid must be indicated Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph 3 above. State contractor license number, if any, must also be shown The bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowance named in the Contract Documents as provided in Article 11 of Section General Conditions. ARTICLE 13 SUBMISSION OF BIDS Bids shall be submitted at the time and place indicated in the Notice of Letting and Advertisement of Bids, and shall be enclosed in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by the Bid security and all required documentation. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. No Bids will be accepted via facsimile or electronic mail Each prospective Bidder is furnished one copy of the Bidding Documents with one separate unbound copy of each of the Bid Form and the Bid Bond. The unbound copy of the Bid Form is to be completed and submitted. ARTICLE 14 MODIFICATION AND WITHDRAWAL OF BIDS Bids 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 at any time prior to the opening of Bids 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, that Bidder will be disqualified from further bidding on the Work. No withdrawal of a Bid shall be permitted on account of mistake or any other reason after the expiration of 24 hour period. ARTICLE 15 OPENING OF BIDS Bids will be opened and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Bids and alternatives will be made available to Bidders after the opening of Bids

15 ARTICLE 16 BIDS TO REMAIN SUBJECT TO ACCEPTANCE All Bids will remain subject to acceptance for 10 days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to that date. ARTICLE 17 AWARD OF CONTRACT OWNER reserves the right to reject any and all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to 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, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. 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. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for the Work. OWNER also may consider the operating costs, maintenance considerations, performance data and guarantees of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time If the contract is to be awarded, it will be awarded on the basis of the Total Amount to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within 5 days after the day of the Bid opening. ARTICLE 18 CONTRACT SECURITY AND INSURANCE Article 5 of Section General Conditions and Section Supplementary Conditions set forth OWNER s requirements as to insurance. When Successful Bidder delivers the executed Agreement to OWNER, it shall be accompanied by the required certificates of insurance (and other evidence of insurance requested by OWNER) Paragraph 5.01 of Section General Conditions and Section Supplementary Conditions set forth OWNER s requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to OWNER, it shall be accompanied by the required Performance and Payment Bonds

16 ARTICLE 19 SIGNING OF AGREEMENT When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 7 days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement to OWNER with the required Bonds and certificates of insurance. Within 10 days thereafter, OWNER will deliver one fully signed counterpart to CONTRACTOR. ARTICLE 20 - PRE-BID CONFERENCE A MANDATORY pre-bid conference will be held on January 5, 2016 at the place identified in the Notice of Letting and Advertisement for Bid. Prospective Bidders are required to attend and participate in the conference. All prospective Bidders must sign in by name of attendee and business represented. Only Bids from Bidders in attendance at the pre-bid conference will be opened. After the meeting introductions, no additional attendees will be accepted. All others will be considered non-responsive. There will be written minutes of the pre-bid conference issued as an Addendum. END OF SECTION

17 SECTION I BID FORM A. PROJECT NAME: Wilderness Drive Drain B. PROJECT LOCATION: DeWitt Township, Clinton County, Michigan C. BID IS SUBMITTED TO: Phil Hanses, Clinton Country Drain Commissioner on behalf of the Wilderness Drive Drain Drainage District 100 M-21, St Johns, MI The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Contract Documents for the Contract Price and within the Contract Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation, those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 10 days after the day of bid opening. BIDDER will sign and submit the Agreement and the Bonds and other documents required by the Bidding Documents within 7 days after the date of OWNER s Notice of Award.. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: a. BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): (BIDDER NOTE: Bidder shall fill in date and number of all addenda. If no addenda have been issued, insert "n/a".) Date of Issue Addendum No. b. BIDDER has visited the site and conducted an examination of the area and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; c. BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work; d. BIDDER has carefully studied 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) if identified in Section Supplementary Conditions as provided in Article 4 of Section General Conditions. BIDDER accepts the determination set forth in of Section Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in Article 4 of Section General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER's purposes

18 BIDDER acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the Site; e. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents; f. BIDDER is aware of the general nature of Work to be performed by OWNER and others at the Site that relates to Work for which the Bid is submitted as indicated in the Contract Documents; g. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional or supplementary examinations, investigations, explorations, tests, studies and data with the Contract Documents; h. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted; i. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER; j. Bidder acknowledges, represents and warrants that it meets the qualifications of a Bidder pursuant to the Instructions to Bidder for this Project and has complied with all Articles, terms conditions and requirements provided in Section 00100; 4. BIDDER will complete the Work in accordance with the Contract Documents for the following prices(s): SEE EXHIBIT A BID FORM FOR WILDERNESS DRIVE DRAIN SEE EXHIBIT B BID FORM ALTERNATES FOR WILDERNESS DRIVE DRAIN

19 EXHIBIT A BID FORM WILDERNESS DRIVE DRAIN Item Description Qty. Unit Unit Cost Total WILDERNESS DRIVE DRAIN 1 MOBILIZATION 2 Furnish & Install 15 Smooth Lined Corrugated Plastic Pipe (SLCPP) AASHTO M-294 Perforated w/ Fabric Wrap, per Trench Details A-B/6. 3 Furnish & Install 15 Tee & Riser w/ E.J.I.W. 6110N Grate per Detail A/5. 1 LS $ $ - 1,045 LF $ $ - 4 EA $ $ - 4 Furnish & Install 18 Metal Flared End Section per Detail C-F/5. 2 EA $ $ - 5 Remove & Reuse Existing Rip Rap at Sta SY 6 Remove & Replace Concrete Driveway, Match Existing Cross Section or 6 Minimum Thickness per Detail B/6 7 Remove & Replace Asphalt Driveway, Match Existing Cross Section or Minimum 3 Thickness per Detail C/6 8 Remove & Replace Gravel Driveway, Match Existing Cross Section or Minimum 6 21A Gravel per Detail D/6 9 Roadside Ditch Construction 10 Berm Construction 11 Repair Existing Driveway Culvert at Sta Landscape Seeding 13 Ditch Seeding 14 Mulch (Loose Straw or Equivalent) $ $ 15 SY $ $ - 15 SY $ $ - 45 SY $ $ FT $ $ - 90 FT $ $ - 1 EA $ $ SY $ $ SY $ $ SY $ $ - 15 Mulch Blanket (Geoturf Straw Blanket-Single Net- S75 or Equal) 825 SY $ $ - 16 Mulch Blanket (Geoturf Straw Blanket-Double Net- S150 or Equal) 400 SY $ $ - 17 Mulch Blanket (Geoturf Straw-Coconut Blanket- Double Net-SC150BN or Equal) 200 SY $ $ - 18 Soil Erosion and Sedimentation Control 1 LS $ $

20 19 Cleanup and Restoration 20 Traffic Control 1 LS $ $ - 1 LS $ $ - TOTAL BASE BID $ - EXHIBIT B BID FORM ALTERNATES WILDERNESS DRIVE DRAIN Item Description Qty. Unit Unit Cost Total WILDERNESS DRIVE DRAIN 20 Furnish & Install 12 Smooth Lined Corrugated Plastic Pipe (SLCPP) AASHTO M-294 Perforated w/ Fabric Wrap, per Trench Detail (ALT B/6) to Replace & Extend Driveway Culvert at Sta LF $ $ - TOTAL ALTERNATE BID $ - BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. BIDDER acknowledges that progress payments will be based on the Payment Schedule as detailed in the Contract. 5. BIDDER agrees that the Work will be substantially completed on or before May 16th, 2017 for the Contract and ready for final payment in accordance with paragraph of Section General Conditions on or before June 1st, 2017 for the Contract. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 6. In addition, BIDDER accepts: a. That the OWNER will provide through the ENGINEER reference points and laying out (staking) the work sufficient for construction purposes in accordance with applicable parts of paragraph 4.05 of the General Conditions and the Supplementary Conditions. b. That all inspection observation on this project will be performed by the ENGINEER. The inspector is required to observe: excavation of grade; laying of pipe and appurtenances; backfilling; compaction; location and installation of services; installation of manholes, catch basins, meter pits, pump stations, and junction chambers; roadway construction; forming and pouring of concrete items; boring and jacking pits, line and grade of casing pipes, stripping and cleanup, restoration, etc. The inspector s limitations of authority and responsibilities are generally described in paragraph 9.09 of the General Conditions. 7. The following documents are attached to and made a condition of this Bid: a. Required 10% Bid Security in the form of Bid Bond or Certified Check. b. A tabulation of Subcontractors, suppliers and other persons or organizations whose separate/individual work value exceeds 15% required to be identified in this bid

21 c. If required, BIDDER's Qualification Statement with supporting data. 8. Communications concerning this Bid shall be addressed to: LSG Engineers & Surveyors, ENGINEER. 9. Terms used in this Bid which are defined in the General Conditions of the Construction Contract, included as part of the Contract Documents, have meanings assigned to them in Section General Conditions

22 10. Dated and signed at State of this day of 20. Name of Bidder: By: Its: (Authorized Officer's Name) (Officer's Title) Business Address: Telephone Number: ( ) Fax Number: ( ) Federal I.D. Number: This Bid submitted by: If Bidder is: An Individual Name (typed or printed): By: (Individual s signature) SEAL, if required by State Doing business as: A Partnership Partnership Name: By: (Signature of general partner -- attach evidence of authority to sign) SEAL, if required by State Name (typed or printed): A Corporation Corporation Name: State of Incorporation: Type (General Business, Profession, Service, Limited Liability): By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: Attest CORPORATE SEAL, if required by State

23 (Signature of Corporate Secretary) Date of Qualification to do business in [State where Project is located] is / / A Limited Liability Company Name of Company: Assumed Name(s): By: (Signature of Manager attach evidence of authority to sign) SEAL, if required by State Name (typed or printed): Title: Second Joint Venture Name: By: (Signature of Member -- attach evidence of authority to sign) SEAL, if required by State Name (typed or printed): Title: (Each member must sign. The manner of signing for each individual, partnership, and corporation that is a member of the limited liability company should be in the manner indicated above.) A Joint Venture Name of Joint Venture: First Joint Venture Name: By: (Signature of joint venture partner -- attach evidence of authority to sign) SEAL, if required by State Name (typed or printed): Title: Second Joint Venture Name: By: (Signature of joint venture partner -- attach evidence of authority to sign) SEAL, if required by State Name (typed or printed): Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is party to the venture should be in the manner indicated above.)

24 Bidder s Business/Registered address: Business Phone No. ( ) Business FAX No. ( ) Business Address State Contractor License No.. (If applicable) Employer s Tax ID No. Electronic Mail Address, Phone and Facsimile Numbers, and Address for receipt of official communications, if different from Business contact information:

25 LIST OF JOBS OF SIMILAR NATURE AND COMPLEXITY Job Name Contractor s Responsibility Owner s Name & Ph. No. END OF SECTION CONTRACT I

26 THIS PAGE LEFT INTENTIONALLY BLANK

27 SECTION BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as PRINCIPAL, and as SURETY, are hereby held and firmly bound unto as OWNER in the penal sum of ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of, 20. The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the WILDERNESS DRIVE DRAIN NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the PRINCIPAL shall execute and deliver a contract in the Form of Contract attachment hereto (properly completed in accordance with said BID) and shall furnish a BOND for faithful performance of said contract, and for the payment of all persons performing labor furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated

28 END OF SECTION

29 SECTION AGREEMENT This AGREEMENT is dated as of the day of in the year by and between Eaton County Drain Commissioner, on behalf of the Wilderness Drive Drain Drainage District, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnishing & Installing approximately 1,0450 FT of 15 SLCPP AASHTO M-294 with inlets and approximately 90 FT of berm construction and approximately 725 FT roadside ditch construction and improvement. ARTICLE 2 ENGINEER 2.01 The Project has been designed by LSG Engineers & Surveyors, 3135 Pine Tree Road, Suite D, Lansing, Michigan, who is hereinafter called ENGINEER and who will act as OWNER s representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. However, ENGINEER s independent review, inspection and/or contract administrations and management shall not relieve the CONTRACTOR of any of its duties under the contract. OWNER s representatives, employees and any and all independent professionals retained separately by the OWNER and not identified as the ENGINEER above shall not relieve the CONTRACTOR of any liability due to their inspection, review, measurements or analysis of the Work. ARTICLE 3 CONTRACT TIMES 3.01 The Work will be substantially completed by May 16 th, 2017 for the Contract. All the work will be completed and ready for final payment by June 1 st, 2017 for the Contract Liquidated Damages: OWNER and CONTRACTOR recognize that time is of the essence for this Agreement, and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.01 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. In addition to the liquidated damages, the CONTRACTOR shall pay the OWNER, its actual costs and expenses due to the delay including but not limited to actual attorney fees, inspection fees, engineering fees, testing, expert and consultant fees and traffic control expenses incurred due to the delay. If by the law the OWNER cannot recover both liquidated and actual costs and attorney fees then CONTRACTOR shall pay actual costs and attorneys fees incurred as a result of the delay. OWNER and CONTRACTOR also recognize the delays, expense and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time

30 ARTICLE 4 CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to below: A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the BID FORM. B. As provided in Paragraph of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph of the General Conditions. ARTICLE 5 PAYMENT PROCEDURES 5.01 CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of Section General Conditions. Applications for Payment will be processed by the ENGINEER as provided in the General Conditions Progress Payments; Retainage: A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR s Applications for Payment on or about the 15 th day of each month during performance of the Work as provided in Paragraphs 5.02.A.1 and 5.02.A.2 below. All such payments will be measured by the schedule of values established as provided in the General Conditions: 5.03 Final Payment 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, including but not limited to liquidated damages, in accordance with Paragraph of the General Conditions: a. 95 percent of Work completed (with the balance being retainage); and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95 percent of the Work completed, less such amounts as ENGINEER shall determine in accordance with Paragraph B.5 of the General Conditions. A. Upon receipt of the final Application for Payment accompanied by ENGINEER s recommendation of payment in accordance with Paragraph of the General Conditions, OWNER shall pay CONTRACTOR as provided in Paragraph of the General Conditions the remainder of the Contract Price as recommended by ENGINEER as provided in said