NOTICE. If your firm plans to bid on this project, please send an response to with the following information:

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1 1 NOTICE Thank you for your inquiry regarding the City of Pontiac project listed below: CONSTRUCTION ENGINEERING SERVICES- BRIDGES If your firm plans to bid on this project, please send an response to with the following information: Firm Name: Project Name: Firm s Contact Person: Telephone Number: Fax Number: Address: Postal Address: The City of Pontiac Purchasing Division will use this information to communicate with you in the event an addendum or change to this project is issued. If you do not send this information to the City of Pontiac, you will not receive any follow-up notification of any changes to the project.

2 2 NOTICE TO BIDDERS Date of Issue: March 4, 2013 The City of Pontiac will open sealed bids on Thursday, March 21, 2013 at 2:01 p.m. prevailing local time in the City Hall Lion s Den Conference Room at Woodward Ave for: CONSTRUCTION ENGINEERING SERVICES- BRIDGES You are invited to submit a bid for this project. Sealed bids may be mailed or delivered to the CITY OF PONTIAC, CITY CLERK, Woodward Ave, Pontiac, MI by 2:00 p.m., Thursday, March 21, Envelopes should include the name and mailing address of the vendor on the outside and be plainly marked: CONSTRUCTION ENGINEERING SERVICES- BRIDGES For Opening: Thursday, March 21, 2013 No proposal submitted may be withdrawn for at least ninety (90) days after the actual opening of the proposal. General specifications, description and conditions upon which the bid proposal is to be based are available at the City of Pontiac website: Please refer to the website for any addenda that may be issued. Bidders who submit bids before the deadline are advised to continue to monitor the website for any addenda that may be issued. Bid packages will also be mailed upon request. The City reserves the right to reject any or all bids, to waive any irregularities, and further reserves the right to accept any bid or parts of bids that it deems to best serve the interest of the City. If you have any questions regarding purchasing procedures or specifications, please at smaher@pontiac.mi.us all question by March 15, 2013.

3 3 INTRODUCTION: CONSTRUCTION ENGINEERING SERVICES The City of Pontiac is seeking proposals from experienced and qualified engineering firms to provide bridge construction engineering services for the preventative maintenance and reconstruction of the following structures: Preventative Maintenance Joslyn Road Bridge over GTWRR Orchard Lake Road Bridge over the Clinton River University Road Bridge over GTWRR The City s intention is to award all of these projects to one firm MDOT JN A, A, A Bridge deck overlay, substructure repair, maintaining traffic, guardrail replacement, and miscellaneous approach work on Orchard Lake Road at Clinton River, on Joslyn Road at Grand Trunk Railroad and on University Drive at Grand Trunk Western Railroad in the city of Pontiac, Oakland County. Reconstruction Featherstone Bridge over GTWRR-Project not bid yet. If your firm has the required certifications and necessary experience for this type of work, and you are interested in providing services, please indicate your interest by submitting a Proposal. SCOPE OF WORK : GENERAL: The Consultant shall furnish all services and labor necessary to conduct and complete the Construction Engineering Services described herein. The Consultant shall also furnish all materials, equipment, supplies, and incidentals necessary to perform the Services (other than those designated in writing to be furnished by the City), and check and/or test the materials, equipment, supplies, and incidentals as necessary in carrying out this work. The Services shall be performed to the satisfaction of the City/MDOT consistent with applicable professional standards. A. The Consultant s principal contact with the City shall be through the designated Project Manager. B. The Services described herein are financed with public funds. The Consultant shall comply with all applicable Federal and State laws, rules, and regulations. The Consultant shall perform field operations in accordance with MIOSHA regulations and accepted safety practices.

4 4 C. The Consultant agrees to demonstrate knowledge of, and performance in compliance with, the standard construction practices of the City/MDOT; the Project construction contract, proposal, and plans; the Standard Specifications for Construction and all applicable publications referenced within; the Michigan Construction Manual; the Materials Sampling Guide; the Materials Quality Assurance Procedures Manual; the Density Control Handbook; and any and all other references, guidelines, and procedures manuals needed to carry out the work described herein in an appropriate manner. SCOPE OF SERVICES Construction Oversight: A. For Project Administration, the Consultant shall: Project Engineer: Perform as the Project Engineer for the Project consistent with the City/MDOT s practice and in accordance with the Specifications, Plans, Proposal, the Michigan Construction Manual, the Materials Sampling Guide, and any and all other applicable references, guidelines, and/or procedures manuals. Assign the Project Engineer as liaison between the Contractor and City-designated Project Manager. Provide construction engineering, inspection and testing services on new and rehabilitation bridge projects. This includes project administration; inspection; quality control testing and reporting; measurement, computation, and documentation of quantities; reporting and record keeping, and finalizing all project documentation for all work to be performed by Construction Contractor and acceptance of the Project by the City. Provide Inspection services for partial and full painting of bridge(s). Inspectors: Perform as the Inspector for the Project consistent with the City s/mdot s practice and in accordance with the Specifications, Plans, Proposal, the Michigan Construction Manual, the Materials Sampling Guide, and any and all other applicable references, guidelines, and/or procedures manuals. The consultant shall assigned a sufficient number of qualified and experienced technicians to this Project to perform the Services in a quality manner to avoid any delay to the Construction Contractor. Personnel performing inspection and testing on bituminous, portland cement, aggregate or for density must have the appropriate certification and level for the inspection and testing that is being performed. Office Support and Equipment: Provide an experienced office technician knowledgeable about all aspects of the FieldManager system, and procedures regarding project record documentation. Provide administrative support. Provide all computer equipment necessary to run FieldManager system. Meetings: Arrange and conduct conferences and meetings required to carry out the Services or as may be required by the Project Manager. Prepare and distribute minutes of all meetings except the Preconstruction meeting.

5 5 Coordination: Provide appropriate coordination and contact, public relations, and cooperation with all affected local, state, and/or federal agencies including the Federal Highway Administration; other Consultants and other Contractors; the general public; utilities and railroad companies; and local police, fire, and emergency services which may be affected by the Project and which are deemed to be the responsibility of the Consultant by the City. Staking: Perform all staking in accordance with Department standards, including, but not limited to, all staking to be performed by the Engineer and the Contractor as indicated in SP 104(A) Contractor Staking (or current applicable Contractor Staking Special Provision) including Mitigation staking, and perform all staking to be performed by the Engineer included Control, to ensure accuracy and compliance with the contract document. Resolve any plan errors, discrepancies or omissions identified by the Contractor and/or Consultant and notify the Project Manager. Soil and sedimentation control: Perform inspection of the construction site to assure that proper soil erosion and sedimentation controls are in place. A MDEQ certified NPDES Stormwater Operator shall be assigned to inspect and document the project per the NPDES requirements. Any violation of the NPDES permit by the construction contractor must be immediately reported to the Project Manager. Personnel performing inspection on areas where soil and erosion control are needed, must have completed the Soil and Erosion control training, phase 1, 2, and 3. Progress: Keep daily diaries, sketches, logs, and records consistent with Department practice as may be needed to record the Contractor s progress. Notify the Project Manager of any anticipated Contractor s requests for extensions of time. Notify the Project Manager upon receipt of any Contractor s requests for extensions of time. Changes/Extras/Adjustments: Notify the Project Manager immediately of any unanticipated Project conditions and any changes, extras, or adjustments to the contract before processing a Work Order and/or Recommendation. Contentious Issues: Resolve any problems, issues, discrepancies, or other items brought to the attention of the Consultant by the Contractor. Provide written documentation of the resolution of such issues. Keep the Project Manager informed of all such issues. Contractor Claims: Represent the City as the Project Engineer on any and all claims for extra compensation and denied extensions of time requests filed on behalf of the Construction Contractor and/or Subcontractor on the Project against the City. These claims shall be represented by the Consultant in accordance with Section of the 2003 Standard Specification for Construction and/or the Department s Written Claim Procedures in effect at the time the Construction Contractor files the claim. Staff Reductions: Withdraw any personnel or halt any services no longer required, at the request of the City, or within a reasonable time after the lack of need becomes apparent to the Consultant or the Project Manager. The consultant will not be reimbursed for the cost

6 6 of personnel charged to a project that the Project Manager has determined was unnecessary. Consultant Deliverables: Collect, properly label or identify, and deliver to the City all original diaries, logs, notebooks, accounts, records, reports, other documents, and Project files prepared by the Consultant in the performance of the Agreement, upon completion or termination of the Agreement. Return, upon completion or termination of the Agreement, all Specifications, Manuals, guides, written instructions, construction contracts and plans, unused forms, and all other documents and materials furnished by the City. The Consultant may be responsible for replacing lost documents or materials at a fair and reasonable price. B. For Project Inspection, the Consultant shall: Ongoing Inspection: Provide inspection of all Contractor field construction work, provide quality control, and confirm substantial conformance with the Specifications, Plans, and Proposal. Arrange for non-compliance work to be made whole by the Contractor or to find the non-compliance work acceptable to the Consultant and, where necessary, to the City Project Manager. Inform the above Project Manager of non-compliance work and trends toward borderline compliance. Final Inspection: Complete a final inspection of all work included in the Project, or such portions thereof eligible for acceptance, after notification by the Contractor that the work is completed or after the Consultant s records show the work is completed. The final inspection shall include notifying the Contractor in writing of particular defects to be remedied if work is not acceptable to the Consultant. Final Acceptance: Ascertain that each and every part of the Project has been performed in accordance with the plans and specifications, or such modifications thereof as may have been approved, and accept the Project. Invite the Project Manager and other MDOT personnel, as directed by current MDOT policy, to participate in the final acceptance. C. For Testing and Reporting, the Consultant shall: Material Testing and Density Control: Sample or test, or both, materials including but not limited to, concrete quality assurance testing including concrete cylinder breaks, bituminous testing; off site aggregate testing, on site aggregate density testing and reporting, furnish off-site inspections and tests of and concrete aggregates, testing of required materials according to Materials Sampling Guide to be incorporated in the work, and reject Contractor s work and materials not meeting the Specifications, Plans, Proposal, the Michigan Construction Manual, the Materials Sampling Guide, Materials Quality Assurance Manual, and any and all other applicable references, guidelines, and/or procedures manuals. Determine the acceptability of materials found to be in noncompliance. Immediately inform the Project Manager of non-compliance work and trends toward borderline compliance.

7 7 Material Certification: Make certain that acceptable test reports and/or material certifications from the supplier have been received, prior to the incorporation of materials in the work, for materials tested off the Project site. Material Reports: Submit Material test reports, including but not limited, the Inspector's Report of Concrete Placed 1174A, Aggregate Inspection Reports 1900 & 1901, Bituminous QA reports, Concrete QA reports, and the "Moisture and Density Determination, Nuclear Method", Form 582B, etc. to the distribution list within one day of the testing. The efficiency of the consultant in getting the "Moisture and Density Determination, Nuclear Method", Form 582B, copy to the Lansing, Density Technology Unit, 8885 Ricks Road, Lansing Mich will be measured by that unit and reflected on the consultant's evaluation. D. For Measurement, Computation and Documentation of Quantities, the Consultant shall: Documentation: Measure and compute quantities, and provide appropriate documentation of all materials incorporated in the work and items of work completed, and maintain an item record account using FieldManager software. Use the most current available version of FieldManager as the primary system for automation of all required office work. Insufficient Tested Materials: Track insufficient tested materials and notify the Contractor on a bi-weekly basis. E. For Reporting and Record Keeping, the Consultant shall: o Reports-Consultant Generated: Prepare such periodic, intermediate and final reports and records as may be required by the MDOT and as are applicable to the Project, which may include, but are not limited to: o Inspector s Daily Reports, o Work Orders, o Construction Item and Tested Material Records using FieldManager, o Transfer of Tested Materials, o Monthly Report on Material Inspection, o Moisture and Density Determination Reports, (Form 582BM) o Inspector's Report of Concrete Placed (Form 1174A-M) o NPDES Stormwater Operator Reports, o Labor Compliance, such as the Weekly Employment and OJT Report (Form 1199), o Construction Estimate Bi-Weekly Report, o Bi-Weekly Construction Progress Report and Weekly Statement of Working Days Charged o Force Accounts. o Contract Modifications (Recommendations and Authorizations),

8 8 o Extension of Time and Liquidated Damages, o Contractor Evaluation (Form 1182), o Reduction in Reserve, and o Other records and/or reports as required for the individual Project by the Project Manager and/or as required by Specifications, Plans, Proposal, the Michigan Construction Manual, the Materials Sampling Guide, and any and all other applicable references, guidelines, and/or procedures manuals. Reports-Contractor Generated: Review, process, and/or approve Construction Contractor submittal of records and reports required by the MDOT as applicable to the Project which may include, but not limited to: o Working Drawings, o Weekly Employment Reports, Certified Payrolls o Contractor s claims for additional compensation and extension(s) of time, and o Other reports and records as required for the individual Project by the Project Manager. Project Files: Maintain project files in accordance with the MDOT Office Manual and Departmental procedures. Copy select correspondence and documentation to the Project Manager. F. For Finalizing All Project Documentation, the Consultant shall: Final Measure and Summarize: Final field measure applicable items of work. Prepare final summaries for applicable items of work. Project Review/Certification: Participate in and resolve items determined to be insufficient during the Department s review(s) of project records and/or during the Project Engineer Certification Process prior to submitting the Final Estimate. Within 45 calendar days of the actual project completion date, the project records shall be ready for the Final Records Review. Final Documents: Prepare and submit the Final Estimate, Final Quantity Sheets, Final Marked As-Constructed Plans, and the Design/Construction Package Evaluation (Form 285-2). The Final Estimate Package shall be submitted to the Project Manager within 30 days of the Final Records Review. TIMELINE

9 9 REQUIREMENTS The Consultants and/or Local Agencies performing Construction Engineering are required to have the following licenses/certification, depending on the work being done in the construction contract. Project Engineer: The Project Engineer assigned to the project must be licensed by the State of Michigan. Surveying: A surveyor licensed by the State of Michigan must be on staff if surveying is part of the contract. Technicians: The field technicians need to have the following certifications for the work operations listed: Density (Earthwork or HMA Paving) - NRC Nuclear Density Gauge License - Radiation Safety Training - MDOT Density Technology Certification HMA Paving - MDOT Bit. Paving OR Bit. Paving Operations Concrete - Michigan Concrete Field Testing - Level 1 (MCA or MCPA) Aggregate Testing & Sampling - Michigan Certified Aggregate Technician HMA Plant Inspection - Michigan Bit QC/QA Technician (Level 2) - Michigan Certified Bituminous Laboratory Technician (Level 1) Project Office - The consultant must utilize Field Manager software for all MDOT-let projects. MDOT offers Field Manager training (Contact Therese Binkley at or Terri LaVoy at for available dates/times and training locations) - The Local Agency must keep records and track materials per the MDOT Construction Manual, the applicable MDOT Standard Specifications for Construction, the Materials Quality Assurance Procedures Manual, the Material Source Guide, and utilize standard MDOT forms ( while reporting applicable items. - Specific construction questions/concerns should be addressed to the local MDOT TSC. A complete list of the TSC personnel can be found at the following link: or by and selecting about MDOT from MDOTs home page at

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11 10 INSURANCE 1. INSURANCE The Surveyor shall provide to protect the City of Pontiac as outlined below. 2. LIMITS OF INSURANCE (See also Section 1 of the General Conditions) The contractor, and any and all of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan. All coverages shall be with insurance carriers acceptable to City of Pontiac. The limits required below do not limit the liability of the contractor. All deductibles and SIRs are the responsibility of the contractor. 1. Workers Compensation Insurance including Employers Liability Coverage, in accordance with all applicable statutes of the State of Michigan. 2. Commercial General Liability Insurance on an Occurrence Basis with limits of liability not less than $1,000,000 per occurrence and aggregate. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if not already included ; 3. Motor Vehicle Liability including Michigan No-Fault Coverages, with limits of liability not less than $1,000,000 per occurrence, combined single limit for Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. 4. Professional Liability Insurance in an amount not less than $1,000,000 per occurrence and $1,000,000 aggregate. If this policy is claims made form, the contractor shall be required to keep the policy in force, or purchase tail coverage, for a minimum of 3 years after the termination of this contract. 5. Additional Insured: Commercial General Liability and Motor Vehicle Liability, as described above, shall include an endorsement stating that the following shall be Additional Insureds: The City of Pontiac, all elected and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof. Coverage maintained by contractor shall be primary over any other insurance carried by the City of Pontiac. 6. Cancellation Notice: Workers Compensation Insurance, Commercial General Liability Insurance, and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating that Thirty (30) days, Ten (10) days for non-payment of premium, Advance Written Notice of Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to: ( Garland Doyle, City of Pontiac, Woodward Ave, Pontiac, MI, 48342).

12 11 7. Proof of Insurance Coverage: The Contractor shall provide the City of Pontiac at the time that the contracts are returned by him/her for execution, two (2) copies of certificates for all policies listed above. 8. If any of the above coverages expire during the term of this contract, the Contractor shall deliver renewal certificates and/or policies to City of Pontiac at least ten (10) days prior to the expiration date. INCOME TAXES Contractor agrees to contact City of Pontiac Income Tax Division, Audit and Compliance Section, Woodward, Pontiac, Michigan, 48342, telephone (248) , to establish reporting and withholding obligations under the City of Pontiac Income Tax Ordinance. Contractor will require the same of all subcontractors employing labor under this contract. Contractor is required to withhold City of Pontiac income tax from wages paid to: (1) Pontiac resident employees regardless of where they work for the employer; and (2) Nonresident employees for work performed in the City. Contractor is also required to file Pontiac income tax returns reporting and paying income tax on the net profits earned in the City. COMPENSATION AND PAYMENT All invoices submitted against the contract must identify the work performed in detail. Items not properly invoiced will not be paid. It is the vendor s responsibility to ensure delivery of invoice(s) to the proper City Dept/Div/Personnel. Invoices must meet the following conditions for payment: a. Price on invoice must correspond to the pricing listed on purchase order and/or contract. b. Contractor must submit price lists in accordance with bid requirements. c. Net 30 Terms d. Contractor will bill based on agreed upon milestones. Laws and Municipal Ordinances, Permits The Bidder shall be fully informed of all laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the work, or the equipment and materials used in the work, and all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Bidder shall at all items observe and comply with all such existing laws,

13 12 codes, ordinances, regulations, orders, and decrees. In particular, all work shall be in compliance with the Laws of the State of Michigan, City Ordinances, as well as all other bodies having jurisdictional authority. The Contractor shall be responsible for obtaining and paying for all permits required for this project and shall be responsible for arranging all required inspections. Non-Discrimination The Bidder agrees to comply with the Federal Civil Rights Act of 1964 as amended; the Federal Civil Rights Act of 1991 as amended; the Americans with Disabilities Act of 1990 as amended; the Elliott-Larsen Civil Rights Act, Article 2, Act no. 453, Public Act of 1976 as amended; the Michigan Handicapper s Civil Rights Act, Article 2, Act. No. 220, Public Act of 1976, as amended and all other applicable Federal, State and Local laws and regulations. Specifically, Bidders and subcontractors are required not to discriminate against any employee or applicant for employment with respect to such person s hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of such person s height, weight, race, color, religion, national origin, ancestry, age, marital status, sex or disability, as defined by law. Breach of this covenant may be regarded as a material breach of the contract. INDEMNIFICATION To the fullest extent permitted by Laws and Regulations, the Bidder shall indemnify and hold harmless the City and its officers, directors, employees, agents and consultants from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work or from the failure to comply with any covenant or term of the contract, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from or (ii) is caused in whole or in part by any act or omission of the Bidder, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any act or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. In any and all claims against the City or any consultants, agents, officers, directors or employees of the City by any employee (or the survivor or personal representative of such employee) of the Bidder, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation above shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Bidder or any such Subcontractor, Supplier or other person or organization under workers compensation Acts, disability benefit Acts or other employee benefit Acts.

14 13 Insurance coverage required of the Bidder constitutes the minimum requirements and those requirements shall in no way lessen or limit the liability of the Bidder under the terms of the contract. The Bidder shall procure and maintain at Bidder s own cost and expense any additional claims or amounts of insurance that, in the judgment of the City, may be necessary for Bidder s proper protection in the prosecution of the work. JURISDICTION AUTHORITY This contract shall be governed by and construed according to the laws of the State of Michigan and the successful Bidder consents to the jurisdiction and venue of the courts in Oakland County, Michigan and of the United States District Court for the Eastern District, Southern Division. SEVERABILITY The successful Bidder will agree that the Contract is the completed and exclusive statement of the Contract between the parties. A judicial or administrative declaration on the invalidity of any one or more of the provisions of the Contract shall not invalidate the remaining provisions of this agreement. REQUESTED INFORMATION Consultant shall provide the following information in the bid package Copies of certifications and licenses as mentioned in this bid package List of similar projects References Brief resume of each inspector and staff personal that would be assigned to this project