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PROJECT MANUALFOR

HILLSHIRE BRANDS

WASTEWATER TREATMENT FACILITY

BID PACKAGE 2PROCESS MODIFICATIONS

January 28, 2014Project Number G130547CD

CONSTRUCTION MANAGER

FISHBECK, THOMPSON, CARR & HUBER, INC.

1515 Arboretum Drive, SEGrand Rapids, Michigan 49546

Phone: (616) 575-3824

Copyright 2014Fishbeck, Thompson, Carr & Huber, Inc.

All rights reserved.


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Hillshire BrandsWastewater Treatment FacilityBid Package 2 - Process ModificationsProject Number G130547CD

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Table of Contents

Section 00 01 10

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SECTION 00 01 10 TABLE OF CONTENTS

DIVISION 00 BIDDING AND CONTRACTING REQUIREMENTS

00 11 16 Invitation to Bid

00 21 13 Instructions to Bidders

00 31 32 Geotechnical Data

00 41 13 Bid - Stipulated Sum

00 43 13 Bid Bond

00 51 00 Notice of Award

00 52 00 Agreement

00 61 14 Performance Bond

00 61 15 Payment Bond

00 65 16 Certificate of Substantial Completion

00 65 26 Affidavit and Consent of Surety

DIVISION 01 GENERAL REQUIREMENTS

01 11 00 Summary of Work

01 12 23 Staking and Inspection Services

01 26 00 Contract Modification Procedures

01 29 13 Payment Procedures

01 29 73 Schedule of Values

01 31 19 Project Meetings

01 33 00 Submittal Procedures

01 45 24 Testing Services

01 45 36 Special Inspection Services

01 50 00 Temporary Facilities and Controls

01 66 00 Product Storage and Handling Requirements

01 74 00 Cleaning and Waste Management

01 75 00 Starting and Adjusting01 78 39 Project Record Documents

DIVISION 02 EXISTING CONDITIONS

02 41 19 Selective Demolition

02 42 13 Removal of Existing Equipment

02 83 00 Sewer Bypass Pumping

DIVISION 03 CONCRETE

03 30 03 Cast-in-Place Concrete

DIVISION 04 MASONRY

04 22 00 Concrete Unit Masonry

DIVISION 05 METALS

05 50 00 Metal Fabrications


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Table of Contents

Section 00 01 10


DIVISION 06 WOOD, PLASTICS, AND COMPOSITES

06 10 00 Rough Carpentry

06 16 00 Sheathing06 17 53 Shop-Fabricated Wood Trusses

06 20 13 Exterior Finish Carpentry

DIVISION 07 THERMAL AND MOISTURE PROTECTION

07 21 00 Thermal Insulation

07 31 13 Asphalt Shingles

07 42 13.13 Formed Metal Ceiling Panels

07 42 13.53 Metal Soffit Panels

07 62 00 Sheet Metal Flashing and Trim

07 92 00 Joint Sealants

DIVISION 08 OPENINGS

08 11 13 Hollow Metal Doors and Frames

08 71 00 Door Hardware

08 80 00 Glazing

DIVISION 09 FINISHES

09 91 00 Painting

DIVISION 10 SPECIALTIES

10 14 24 Safety Equipment and Signs

10 14 25 Process Equipment Identification

DIVISION 22 PLUMBING

22 05 00 General Plumbing Provisions

22 05 06 Cast Iron Pipe and Fittings for Plumbing

22 05 09 Copper Pipe and Fittings for Plumbing

22 05 23 General Duty Valves for Plumbing

22 05 29 Hangers and Supports for Plumbing Piping and Equipment

22 05 31 Penetrations for Plumbing

22 05 73 Testing and Cleaning of Plumbing Systems

22 07 19 Plumbing Piping Insulation

22 10 00 Plumbing Piping and Pumps

DIVISION 23 HEATING, VENTILATING, AND AIR CONDITIONING

23 01 00 Operation and Maintenance of HVAC Systems

23 05 00 General HVAC Provisions

23 05 13 Common Motor Requirements for HVAC Equipment

23 05 31 Penetrations for HVAC

23 05 93 Testing, Adjusting and Balancing for HVAC

23 33 13 Dampers

23 34 23 HVAC Power Ventilators

23 37 00 Air Outlets and Inlets

23 82 50 Electric Convection Heating Units


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Table of Contents

Section 00 01 10


DIVISION 26 ELECTRICAL

26 05 00 Common Work Results for Electrical26 05 20 Conductors and Cables - 600V and Below

26 05 27 Grounding and Bonding

26 05 29 Hangers and Supports for Electrical Systems

26 05 34 Raceways for Electrical Systems

26 05 35 Boxes for Electrical Systems

26 05 53 Identification for Electrical Systems

26 05 73 Overcurrent Protective Device Coordination Study

26 09 23 Lighting Control Devices

26 24 19 Motor-Control Centers

26 27 26 Wiring Devices

26 28 00 Low Voltage Circuit Protective Devices

26 28 20 Enclosed Switches

26 29 13 Enclosed Controllers

26 29 23 Variable Frequency Motor Controllers

26 43 05 Surge Protective Devices

26 50 00 Lighting

DIVISION 31 EARTHWORK

31 10 13 Site Preparation

31 22 00 Grading

31 23 03 Excavation and Fill for Utilities

31 23 06 Excavation and Fill for Structures

31 25 00 Erosion and Sedimentation Controls

DIVISION 32 EXTERIOR IMPROVEMENTS

32 13 14 Concrete Walks

32 15 00 Aggregate Surfacing

32 92 00 Turf and Grasses

DIVISION 33 UTILITIES

33 90 10 Site Process Piping Systems

DIVISION 40 PROCESS INTEGRATION

40 05 13 Process Piping Systems

40 05 23 Process Valves

40 05 33 Heat Tracing Systems40 90 00 Instrumentation and Control for Process Systems

DIVISION 43 PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND STORAGE EQUIPMENT

43 21 00 Horizontal Non-Clog Centrifugal Pumps

43 21 14 Screw Centrifugal Pumps (Installation of Construction Manager Procured Equipment)

DIVISION 46 WATER AND WASTEWATER EQUIPMENT

46 51 17.01 Aeration Equipment (Installation of Construction Manager Procured Equipment)


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Table of Contents

Section 00 01 10


APPENDIX

Construction Manager Procured Equipment Specifications:

43 21 13.85 Screw Centrifugal Pumps (Procurement Package 1 - Raw Waste Pumps)

46 51 17 Jet Aeration Equipment (Procurement Package 2 - Aeration Equipment)

END OF TABLE OF CONTENTS


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Invitation to Bid

Section 00 11 16

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SECTION 00 11 16 - INVITATION TO BID

Hillshire Brands

Wastewater Treatment Facility

Bid Package 2 - Process Modifications

1. RECEIPT OF BIDS

Fishbeck, Thompson, Carr & Huber, Inc. (FTC&H) is the Construction Manager for the Wastewater Treatment FacilityBid Package 2 - Process Modifications. Sealed Bids will be received until February 13, 2014, 2:00 p.m., local time.No Bids will be received after that time. Bids will be opened privately.

Bids are to be sent to:

Fishbeck, Thompson, Carr & Huber, Inc. (FTC&H)Attention of Randall J. Oostdyk1515 Arboretum Drive, SE,Grand Rapids, MI 49546Or E-mailed to: [email protected]

Label envelope:Bid for: Wastewater Treatment Facility

Bid Package 2 - Process ModificationsBid Category _____________

2. SCOPE OF PROJECT

The Project including all Bid categories is for the construction of a new office and lab expansion, and process piping

and equipment.

This Project will include the following bid categories:

BID CATEGORY 6-1 - General TradesBID CATEGORY 9-1 - PaintingBID CATEGORY 23-1 - MechanicalBID CATEGORY 26-1 - ElectricalBID CATEGORY 31-1 - Earthwork and Site UtilitiesBID CATEGORY 40-1 - Instrumentation and Controls for Process Systems

See Summary of Work for detailed explanation of bid categories.

3. FINANCING

The Project will be financed with private funds provided by Hillshire Brands.

4. ISSUING OFFICE

Bidding Documents are being issued by FTC&Hs Grand Rapids office. Bidders should direct questions andcorrespondence to Randall J. Oostdyk, Construction Manager [email protected].

5. PRE-BID CONFERENCE

A pre-bid meeting will be held on site on February 4, 2014 at 11 a.m.
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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Invitation to Bid

Section 00 11 16


6. BID SECURITY

Bid security in the amount of 5% of Bid and subject to the conditions provided in the Instructions to Bidders must besubmitted with each Bid.

7. WITHDRAWAL OF BIDS

Bids may not be withdrawn for a period of 60 days after the actual date of opening thereof. This time period may beextended by mutual agreement of the Construction Manager and any Bidder or Bidders.

8. RIGHT TO REJECT BIDS

The Construction Manager reserves the right to waive any irregularities and to reject any and all Bids.

END OF SECTION 00 11 16


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Instructions to Bidders

Section 00 21 13


3.03 To demonstrate Bidders qualifications to perform the Work, within 5 days of Construction Manager'srequest, Bidder shall submit written evidence of:

A. Financial data, previous experience, present commitments, workers' compensation experiencemodification rating (EMR) and other such data as may be requested by Construction Manager.

B. Previous experience in constructing at least 3 projects of a similar type, comparable size andcomparable complexity within the past 5 years.

3.04 When so requested, Bidder shall meet with Construction Manager and give further information in order todetermine Bidder's qualifications, responsibility, ability to perform and complete the Work in accordance with theContract Documents.

3.05 Construction Manager reserves the right to reject any Bid if the evidence submitted by, or investigation of, aBidder fails to satisfy Construction Manager that the Bidder is properly qualified to carry out the obligations of theContract and to complete the work contemplated therein.

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

4.01 Underground Facilities

A. Information and data indicated in the Bidding Documents with respect to existing UndergroundFacilities at or contiguous to the Site are based upon information and data furnished to Owner, ConstructionManager, and Engineer by owners of such Underground Facilities, including Owner, or others.

4.02 Hazardous Environmental Condition

A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known toOwner/Construction Manager.

4.03 Provisions concerning responsibilities for the adequacy of data, if any, furnished to prospective Bidders withrespect to subsurface conditions, other physical conditions, Underground Facilities, and Hazardous Environmental

Conditions, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physicalconditions appear in Article 7.3 of the Agreement.

4.04 On request, Construction Manager 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 allholes, clean up and restore the Site to its former condition upon completion of such explora tions, investigations, testsand studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.05 Reference is made to the Division 01 Section Summary of Work, for the identification of the general natureof other work that is to be performed at the Site by Owner or others (such as utilities and other prime Subcontractors)that relates to the Work contemplated by these Bidding Documents. On request, Construction Manager will provideto each Bidder for examination access to or copies of contract documents, if any, (other than portions thereof relatedto price) for such other work.

4.06 Reference is made to the Division 01 Section Summary of Work, for Owner/Construction Manager sitesafety and security requirements.

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

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

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


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

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the

Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities) that have been identified and (2) reports and drawings of HazardousEnvironmental Conditions, if any, at the Site that have been identified.

E. consider the information known to Bidder; information commonly known to Subcontractors doingbusiness in the locality of the Site; information and observations obtained from visits to the Site; the BiddingDocuments; and the Site-related reports and drawings identified in the Bidding Documents, with respect to theeffect of such information, observations, and documents on (1) the cost, progress, and performance of theWork; (2) the means, methods, techniques, sequences, and procedures of construction to be employed byBidder, including applying any specific means, methods, techniques, sequences, and procedures ofconstruction expressly required by the Bidding Documents; and (3) Bidders safety precautions and programs;

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(s) bidand within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

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

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

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding ofall 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 compliedwith every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing theWork required by the Bidding Documents and applying any specific means, methods, techniques, sequences andprocedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that

Bidder has given Construction Manager written notice of all conflicts, errors, ambiguities and discrepancies thatBidder has discovered in the Bidding Documents and the written resolutions thereof by Construction Manager areacceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understandingof all terms and conditions for performing and furnishing the Work.

ARTICLE 5 - PRE-BID CONFERENCE

5.01 A Pre-bid meeting will be held on site on February 4, 2014 at 11 a.m.

ARTICLE 6 - SITE AND OTHER AREAS

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

ARTICLE 7 -INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be directed to ConstructionManager in writing. Interpretations or clarification considered necessary by Construction Manager in response tosuch questions will be issued by Addenda mailed or delivered to all parties recorded by Construction Manager ashaving received the Bidding Documents. Questions received less than 10 days prior to the date for opening of Bidsmay not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations orclarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable byConstruction Manager.


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ARTICLE 8 - BID SECURITY

8.01 A Bid must be accompanied by an original Bid security with affixed seal made payable to ConstructionManager in an amount of 5 % of Bidder's maximum Bid price and in the form of a certified check, bank money order,

or a Bid bond. Facsimile, telegraphic, or other electronically transmitted Bid Security or Bid bonds submitted with theBid will be considered provided that, within 48 hours after the time for receipt of Bids, the original Bid bond form withthe original signature and original required attachments are received by Construction Manager. Attorneys-in-fact whoexecute the Bid Security or Bid bond on behalf of the Surety shall affix to the bond a certified and current copy of thepower of attorney.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the ContractDocuments, furnished the required contract security and met the other conditions of the Notice of Award, whereuponthe Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents andfurnish the required contract security within 15 days after the Notice of Award, Construction Manager may considerBidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeitureshall be Construction Managers exclusive remedy if Bidder defaults. The Bid security of other Bidders whomConstruction Manager believes to have a reasonable chance of receiving the award may be retained by ConstructionManager until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid opening,whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom Construction Manager believes do not have a reasonable chance ofreceiving the award will be returned within 7 days after the Bid opening.

ARTICLE 9 - CONTRACT TIMES

9.01 The dates by which the Work is to be substantially completed and ready for final payment are set forth in theAgreement.

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 theBidding Documents without consideration of possible substitute or "or equal" items.

11.02 Whenever materials or equipment are specified or described in the Bidding Documents by using the nameof one or more Suppliers, the Bid shall be based on providing the materials or equipment of one of the Suppliersnamed.

11.03 Whenever it is specified or described in the Bidding Documents that a substitute or "or equal" item ofmaterial or equipment may be furnished or used by Bidder if acceptable to Architect/Engineer, application for suchacceptance will not be considered by Architect/Engineer until after the Effective Date of the Agreement. Theprocedure for submission of any such application by Bidder and consideration by Architect/Engineer is set forth inDivision 01 Section Product Substitution Procedures.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If Construction Manager requests, the identity of certain Subcontractors, Suppliers, individuals, or entities to

be submitted to Construction Manager in advance of a specified date prior to the Effective Date of the Agreement, theapparent Successful Bidder, and any other Bidder so requested, shall within 5 days after Bid opening, submit toConstruction Manager a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portionsof the Work for which such identification is required. Such list shall be accompanied by an experience statement withpertinent information regarding similar projects and other evidence of qualifications for each such Subcontractor,Supplier, individual or entity if requested by Construction Manager. If Construction Manager, after due investigation,has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Construction Manager may,before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in whichcase the apparent Successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (ordecreased) by the difference in cost occasioned by such substitution, and Construction Manager may consider suchprice adjustment in evaluating Bids and making the Contract award.


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12.02 If apparent Successful Bidder declines to make any such substitution, Construction Manager may award theContract 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 Construction Manager makes no written

objection prior to the giving of the Notice of Award will be deemed acceptable to Construction Manager subject torevocation of such acceptance after the Effective Date of the Agreement.

12.03 Subcontractor shall not be required to employ any Subcontractor, Supplier, individual, or entity againstwhom Subcontractor has reasonable objection except as identified in those Procurement Contracts, if any, which willbe assigned to the Subcontractor and identified in the Bidding Documents.

ARTICLE 13 - PREPARATION OF BID

13.01 The Bid form is included with the Bidding Documents.

13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed in ink.Erasures or alterations shall be initialed in ink by the person signing the Bid form. A Bid price shall be indicated foreach section, Bid item, alternative, adjustment unit price item, and unit price item l isted therein. In the case of optional

alternatives the words No Bid, No Change, or Not Applicable may be entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president, vice president, or othercorporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed, if required bystate law, and attested by the secretary or an assistant secretary. The corporate address and state of incorporationshall be indicated below the signature.

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

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member andaccompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firmshall be indicated below the signature.

13.06 A Bid by an individual shall indicate the Bidders name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venture in the manner indicated on the Bid form.The official address of the joint venture shall be indicated 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 inon the Bid form.

13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall beindicated.

13.11 The Bid shall contain evidence of Bidders authority and qualification to do business in the state where theProject is located or Bidder shall covenant in writing to obtain such authority and qualification prior to award of theContract and attach such covenant to the Bid. Bidders state Subcontractor license number for the state the Project,if any, shall also be indicated on the Bid form.

ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS

14.01 Basis of Bid

A. Bidders shall submit a Bid on a stipulated (lump) sum basis for the base Bid as set forth in the Bid form.


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ARTICLE 15 - SUBMITTAL OF BID

15.01 With each copy of the Bidding documents, a Bidder is furnished one copy of the Bid form. The copy of theBid form is to be completed and submitted with the Bid security and the required documents as listed on the BidForm.

15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in theInvitation to Bid.

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BIDS

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bidmust be executed and delivered to the place where Bids are to be submitted prior to the date and time for theopening of Bids.

16.02 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with ConstructionManager and promptly thereafter demonstrates to the reasonable satisfaction of Construction Manager that there wasa 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.

16.03 No withdrawal of a Bid shall be permitted on account of mistake or any other reason after the expiration ofthis 24 hour period.

ARTICLE 17 - OPENING OF BIDS

17.01 Bids will be opened privately. Bid information will not be made available.

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 ConstructionManager may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 - AWARD OF CONTRACT

19.01 Construction Manager reserves the right to reject any or all Bids, including without limitation,nonconforming, nonresponsive, unbalanced or conditional Bids. Construction Manager further reserves the right toreject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible.Construction Manager may also reject the Bid of any Bidder if Construction Manager believes that it would not be inthe best interest of the Project to make an award to that Bidder. Construction Manager also reserves the right towaive all informalities not involving price, time or changes in the Work and to negotiate contract terms with theSuccessful Bidder.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will notbe considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Workmay 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, Construction Manager will consider whether or not the Bids comply with the prescribedrequirements, and such alternates, unit prices, and other data as may be requested in the Bid form or prior to theNotice of Award.

19.04 In evaluating Bidders, Construction Manager will consider the qualifications of Bidders and may consider thequalifications and experience of Subcontractors, Suppliers and other individuals or entities proposed for thoseportions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must besubmitted.

19.05 Construction Manager also may consider the operating costs, maintenance considerations, performancedata and guarantees of materials and equipment proposed for incorporation in the Work when such data is requiredto be submitted prior to the Notice of Award.


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19.06 Construction Manager may conduct such investigations as Construction Manager deems necessary toestablish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers,individuals or entities proposed for those portions of the Work in accordance with the Contract Documents.

19.07 If the Contract is to be awarded, Construction Manager will award the Contract to the Bidder whose Bid is inthe best interests of the Project.

19.08 If the Contract is to be awarded, Construction Manager will give Successful Bidder a Notice of Award within35 days after the day of the Bid opening.

ARTICLE 20 - CONTRACT INSURANCE AND BOND REQUIREMENTS

20.01 Insurance

A. Article 9.2 of the Agreement, sets forth Construction Manager's requirements as to insurance. When theSuccessful Bidder delivers the executed Agreement to Construction Manager, it shall be accompanied by therequired certificates of insurance (and other evidence of insurance requested by Construction Manager).

20.02 Bonds

A. Article 9.3 of the Agreement, and Sections Performance Bond and Payment Bond, sets forthConstruction Manager's requirements as to bonds. When Successful Bidder delivers the executed Agreement toConstruction Manager, it shall be accompanied by the required bonds.

ARTICLE 21 - SIGNING OF AGREEMENT

21.01 When Construction Manager issues a Notice of Award to the Successful Bidder, it will be accompanied bythe required number of unsigned counterparts of the Agreement bound into the Project Manual with the otherContract 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 attacheddocuments to Construction Manager. Within 10 days thereafter, Construction Manager will deliver one fully signedcounterpart to Successful Bidder.

ARTICLE 22 - SALES AND USE TAXES

22.01 Material purchased for this project is deemed tax exempt. All bids should reflect this. This projects taxexemption certificate is provided at the end of this section.

ARTICLE 23 - RETAINAGE AND PROGRESS PAYMENTS

23.01 Provisions concerning retainage and progress payments are set forth in the Agreement.

ARTICLE 24BID CATEGORIES

24.01 Refer to Division 01 Section Summary of Work for bid category descriptions.

ARTICLE 25OWNER FURNISHED MATERIAL

25.01 Refer to Division 01 Section Summary of Work for Owner furnished materials.

ARTICLE 26 - WORK BY OWNER

26.01 Refer to Division 01 Section Summary of Work for work by Owner.

ARTICLE 27 - WORK UNDER SEPARATE CONTRACT

27.01 Refer to Division 01 Section Summary of Work for work under separate contract.


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ARTICLE 28 - PROCUREMENT CONTRACTS TO BE ASSIGNED BY CONSTRUCTION MANAGER TOSUBCONTRACTOR

28.01 Refer to Division 01 Section Summary of Work for contracts to be assigned to Subcontractor.



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Geotechnical Data

Section 00 31 32

00 31 32 Z:\2013\130547\WORK\SPECS\BP2\00_31_32_COVER.DOCX

SECTION 00 31 32 GEOTECHNICAL DATA

Beginning of Geotechnical Data


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Geotechnical Data

Section 00 31 32




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GEOTECHNICAL REPORT

HILLSHIRE BRANDS WASTEWATER TREATMENT PLANT

TRAVERSE CITY, MICHIGAN

Prepared For:

FISHBECK, THOMPSON, CARR & HUBER, INC.

Grand Rapids, Michigan

Prepared By:

MATERIALS TESTING CONSULTANTS, INC.

Grand Rapids, Michigan

December 2013

MTC Project No. 131356


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December 18, 2013

Project No. 131356

Fishbeck, Thompson, Carr & Huber, Inc.

1515 Arboretum Drive SEGrand Rapids, Michigan 49546

Attention: Mr. Dave Conklin

Reference: Report of Geotechnical Investigation

Hillshire Brands Wastewater Treatment Plant

Traverse City, Michigan

Dear Mr. Conklin:

We have completed a geotechnical investigation for the above-referenced project. The purpose

of this investigation has been to identify the general subsurface soil conditions in the vicinity ofimprovements to the Hillshire Brands wastewater treatment plant and to provide geotechnical

recommendations for the closure of the existing lagoon and construction of a bolted steel aeration

tank. This work has been performed as described in our Budget Update dated November 5, 2013.

Presented herein are descriptions of our understanding of the design considerations, thegeotechnical investigation, encountered conditions and engineering recommendations. The

Appendix contains the report limitations and data collected during this investigation.

DESIGN CONSIDERATIONS

Available Information

We have been provided the following documents and information for use in this investigation:

An existing conditions/demolition plan provided by Fishbeck, Thompson, Carr & Huber,received electronically on October 18, 2013.

A proposed aeration tank section sheet provided by Fishbeck, Thompson, Carr & Huber,

received December 2, 2013. Geotechnical Report for proposed Treatment Plant, prepared by Materials Testing

Consultants as Project No. 170R, dated November 19, 1992.

Telephone conversations with Mr. Dave Conklin of Fishbeck, Thompson, Carr & Huber

regarding the type of construction and scope of service.


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Fishbeck, Thompson, Carr & Huber, Inc.Project No. 131356

December 18, 2013

Page 2

Location and Type of Structure

The construction generally includes demolition of the existing anaerobic lagoon, removal ofequipment and residuals, placement of engineered fill, and construction of an anaerobic tank in

the southwest corner of the former lagoon area. The lagoon area is shown in plan on the attached

Boring Location Plan, Figure No. 1.

The demolition of the lagoon had been performed at the time of our field investigation and we

understand that engineered fill has been placed within the former lagoon area. The engineered

fill has included material from an existing stockpile that was characterized as meeting MDOT

Class II grading requirements by a series of four mechanical analysis tests performed on samplesobtained during a site visit on October 15, 2013. Laboratory results for the mechanical analysis

tests are attached. The former lagoon tank bottom was near approximate elevation 621 ft and theproposed finish grade for the engineered fill is elevation 633 ft.

The tank will be of bolted steel construction with a diameter of 45 ft, sidewall height of 23.8 ft,and maximum water depth of 21 ft. The tank bottom will be at elevation 635 ft with the lowest

elevation of the pump line at elevation 630.5 ft. The tank walls are expected to bear on a

concrete ringwall foundation with a flexible concrete slab tank bottom. The maximum ring wall

load is expected to be less than 3 kips/ft.

We should be informed of any changes between the actual design conditions and those describedherein as this information may affect our recommendations.

INVESTIGATION METHODOLOGY

A conventional soil test boring and sampling along with field engineering reconnaissance were

used to investigate the subsurface conditions. The boring location is shown on the attachedBoring Location Plan, Figure No. 1. Investigation procedures, soil classification information and

the boring log are provided in the Appendix.

Number of Borings 1Boring Depth, ft. 50

The boring was drilled and other sampling was conducted solely to obtain indications of

subsurface conditions as part of a geotechnical exploration program. No services wereperformed to evaluate subsurface environmental conditions.


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Page 3

Laboratory

Soil samples were reviewed by one of our engineers and technically classified according to themethods of ASTM D 2488 "Standard Practice for Description and Identification of Soils (Visual-

Manual Procedure)".

Selected samples from the on-site stockpile for use as engineered fill material were subjected to

various laboratory tests, including:

ASTM D 422 "Test Method for Particle-Size Analysis of Soils"

ASTM D 1140 "Test Method for Material in Soils Finer than the No. 200 (75-m) Sieve"

Laboratory results are included in the Appendix.

INVESTIGATION RESULTS

Regional Geology

The Map of the Surface Formations of the Southern Peninsula of Michigan, published by theState of Michigan, indicates the site is in an area of outwash and glacial channels. Soil

conditions are found to be sand and gravel with occasional to frequent cobble and boulder in thistype of geologic area. TheMap of Bedrock Topography of the Southern Peninsula of Michiganindicates bedrock to be at approximately el 250 ft to 300 ft, considerably below the depth of

investigation.

Site Conditions

At the time of our field work, the area of investigation was covered with a drained lagoon area.

The site, in general, sloped down approximately 12 ft to the bottom of the lagoon with elevationsranging from 621 ft to 633 ft. The existing wastewater treatment plant building was present west

of the lagoon. Mature trees were present surrounding the former lagoon area. Locally, the grade

sloped down from west to east towards Boardman Lake.

Subsurface Conditions

The investigation, in general, encountered loose to very dense brown poorly graded sand (SP).The loose relative density was limited to the first sample beneath the ground surface. Dense

brown well graded sand with gravel (SW) was encountered from approximately 12 ft to 19 ft

below grade. Layers of few coarse to fine gravel were encountered from approximately 5.5 ft to


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December 18, 2013

Page 4

27 ft below grade. Cobble and boulder may be present where gravel is found; additional

indications of possible coarse gravel and cobble within the soil profile were observed from

depths of approximately 12 ft to 19 ft and from 23 ft.

Groundwater was encountered during the drilling activities at 25 ft below grade. Groundwater

levels may fluctuate due to seasonal variations such as precipitation, snowmelt, The nearbyBoardman Lake and River levels and other factors that may not be evident at the time of

measurement. Groundwater levels may be different at the time of construction.

This section has provided a generalized description of the encountered subsurface soil conditions.

The boring logs located in the Appendix should be reviewed for detailed soil descriptions. Somevariation from the boring location may be expected.

CONCLUSIONS AND RECOMMENDATIONS

Foundations

A conventional shallow ringwall foundation system is recommended for support of the proposed

tank walls with the interior supported by a flexible thickened slab. It is important that therecommendations of this report, in-particular those pertaining to subgrade preparation,

construction observation and testing, be implemented during design and construction.

The following parameters are recommended for foundation design:

Foundation Design Parameters

Bearing pressure for ringwall foundation,

maximum net allowable, psf 3000

Minimum ring wall foundation width, inches 18

Modulus of subgrade reaction for flexible slab, pci 50

Minimum embedment depth for frost protection, inches 42

Foundations are expected to bear on approved engineered fill. Subgrade preparationrecommendations are contained in the following section.

Foundation recommendations presented herein are based on a safety factor to resist bearingcapacity failure of at least 3.0. Maximum anticipated slab settlement is expected to be on the

order of 1 inch at the tank center and less at the tank perimeter. Depending on the connection

detail, the differential settlement between the slab and ringwall is expected to be less than inch.


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December 18, 2013

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Site and Subgrade Preparation

It is anticipated that the tank subgrade will consist of engineered fill placed during abandonmentof the existing lagoon. Conditions should be confirmed to be consistent with this expectation.

Engineered fill is approved on-site or imported soil placed in uniform layers and compacted to a

minimum required density. The engineered fill is expected to consist of on-site material meetingthe requirements of MDOT Class II sand or imported material meeting these requirements.

Granular engineered fill and backfill should be compacted to at least 95 percent of the soil's

maximum dry density as determined by the Modified Proctor test (ASTM D 1557). The fill

should be placed and compacted in horizontal layers not exceeding 12 inches. Field density tests(ASTM D 2922) should be taken on each lift, as the fill is being placed, to verify compliance

with compaction specifications. If the earthwork takes place during winter months, fill must notbe placed on frozen ground and fill with frozen conglomerations of soil must not be used.

Groundwater

Groundwater was generally encountered in the borings at approximate el 597 ft, below the

anticipated depth of excavation for foundation construction and site preparation. Because

groundwater was encountered substantially below the anticipated excavation depth, the controlof groundwater for foundation construction is not expected to be of concern on this project.

Slopes and Temporary Excavations

The owner and the contractor should make themselves aware of and become familiar with

applicable local, state, and federal safety regulations, including current OSHA excavation andtrench safety standards. Construction site safety generally is the sole responsibility of the

contractor. The contractor shall also be solely responsible for the means, methods, techniques,

sequences and operations of construction operations. We are providing the followinginformation solely as a service on this project and, under no circumstances, should our provision

of the following information be construed to mean that we are assuming responsibility for

construction site safety or the contractor's activities; such responsibility is not implied and should

not be inferred.

The contractor should be aware that slope height, slope inclination, and excavation depths

(including utility trench excavations) should in no case exceed those specified in local, state, orfederal safety regulations; e.g., OSHA Health and Safety Standards for Excavations, 29 CFR Part

1926, or successor regulations. For this site, the overburden soil encountered in our exploratory

program is generally a poorly graded sand expected to be substantially below granularengineered fill in the tank area. We anticipate that OSHA will classify these materials as


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December 18, 2013

Page 6

Type C. OSHA recommends a maximum slope inclination of 1H:1V for this type of soil under

ideal conditions.

CLOSURE

In this report, descriptions of the geotechnical investigation, encountered conditions and

recommendations for the design of foundations have been presented. The limitations of this

study are described in the Appendix.

The recommendations presented in this report are based upon a limited number of subsurfacesamples obtained from the boring location. The samples may not fully indicate the nature and

extent of the variations that actually exist between sampling locations. For that reason, amongothers, we strongly recommend that we be retained to observe earthwork construction. If

variations or other latent conditions become evident during construction, it will be necessary for

us to review these conditions and our recommendations as appropriate.


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Page 7

We appreciate the opportunity to provide this service to you on this project. Should you have any

questions or require further assistance, please contact our office.

Sincerely,

MATERIALS TESTING CONSULTANTS, INC.

Melzar L. Coulter, P.E.

Senior Project Engineer

Steven M. Elliott, P.E.Principal

Attachments: Figure No. 1 - Boring Location Plan

Appendix

- Limitations- Test Drilling and Sampling Procedures

- Boring Log Terminology

- Soil Classification Chart

- Boring Log- Laboratory Test Results


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APPENDIX

Limitations Test Drilling and Sampling Procedures Boring Log Terminology Soil Classification Chart Boring Log Laboratory Test Data


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LIMITATIONS

Soil Variations

The recommendations in this report are based upon the data obtained from the soil borings. This

report does not reflect variations which may occur between these borings, and which would notbecome evident until construction. If variations then become evident, it would be necessary for are-evaluation of recommendations of this report, after performing on-site observations.

Warranties

We have prepared this report in accordance with generally accepted soil and foundation

engineering practices. We make no other warranties, either expressed or implied, as to theprofessional advice provided under the terms of our agreement and included in this report. This

report is prepared exclusively for our client and may not be relied upon by other parties withoutwritten consent from our office.

Boring Logs

In the process of obtaining and testing samples and preparing this report, we follow reasonableand accepted practice in the field of soil engineering. Field logs maintained during drilling

describe field occurrences, sampling locations, and other information. The samples obtained in

the field are subjected to additional testing in the laboratory and differences may exist betweenthe field logs and the final logs. The engineer reviews the field logs and laboratory test data, andthen prepares the final boring logs. Our recommendations are based on the contents of the final

logs.

Review of Design Plans and Specifications

In the event that any changes in the design of the building or the location, however slight, are

planned, our recommendations shall not be considered valid unless modified or approved in

writing by our office. We recommend that we be provided the opportunity to review the final

design and specifications in order to determine whether changes in the original concept may haveaffected the validity of our recommendations, and whether our recommendations have, in fact,

been implemented in the design and specifications.


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Boring Log Terminology

Soil Classification Systems:

ASTM D2487 Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System)

ASTM D2488 Standard Practice for Description and Identifications of Soils (Visual-Manual Procedure)

Minor Component Quantifying Terms:

Trace (less than 5%); Few (5 to 10%); Little (15 to 25%); Some (30 to 45%); Mostly (50 to 100%)

Sample Types and Numbering:

S SPT, split-barrel sample, ASTM D1586 U Shelby tube sample, ASTM D1587

*S Other than 2" split barrel sample A Auger cuttings

L SPT with liner, ASTM D1586 R Rock core run

G Geoprobe liner

Grain Size:

Boulder >12"

Cobble 12" to 3"

Coarse Gravel 3" to 0.75"Fine Gravel 0.75" to No. 4

Coarse Sand No. 4 to No. 10

Medium Sand No. 10 to No. 40

Fine Sand No. 40 to No. 200

Clay - Soil passing a No. 200 sieve that can be made to exhibit plasticity (putty-like properties) and exhibits

considerable strength when air dry (ASTM D2487).

Silt - Soil passing a No. 200 sieve that is nonplastic or very slightly plastic and exhibits little or no strength when air

dry (ASTM D2487).

Peat - A soil composed of decomposed vegetable tissue with organic odor, dark brown to black color, spongy

consistency, and a fibrous to amorphous texture.

"Grades with" or "Grades without" may be used to describe soil when characteristics vary within a stratum.

Moisture Condition:. Dry (absence of visible moist.); Moist (damp but no visible water); Wet (visible free water)

Compactness (Coarse Grained Soils) and Consistency (Fine Grained Soils):

N-value Relative Density Compactness N-value

Approx. Shear

Strength, ksf Consistency

0 - 4 0 - 20% Very Loose 0 - 2 0.25 Very Soft

5 - 10 20 - 40% Loose 3 - 4 0.25 - 0.5 Soft

11 - 30 40 - 70% Med. Dense 5 - 8 0.5 - 1 Med. Stiff

31 - 50 70 - 90% Dense 9 - 16 1 - 2 Stiff

>50 90 - 100% Very Dense 17 - 32 2 - 4 Very Stiff

>32 >4 Hard

Groundwater Observations:

During - indicates water level encountered during the boring

End - indicates water level immediately after drilling

Date and Depth - Measurements at indicated date

Water observations in pervious soils are considered reliable for the date. Water observations in impervious soils

may not be accurate groundwater measurements unless records are made over several days time. Groundwater

levels will fluctuate for both pervious and impervious soils.


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ASTM D2488 Soil Classification Chart - Coarse Grained Soil:

Primary

Soil Type Group Name and (Group Symbol) Criteria

GRAVEL Well-graded GRAVEL (GW)

Poorly graded GRAVEL (GP)

15% sand

SAND Well-graded SAND (SW)

Poorly-graded SAND (SP)

15% gravel


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ASTM D2488 Soil Classification Outline - Fine Grained Soil:

Primary

Soil Type Group Name and (Group Symbol) Criteria

SILT SILT (ML)

Elastic SILT (MH)

% gravel

SILT with gravel (ML)

Elastic SILT with gravel (MH)

15-25% plus No. 200, % gravel >% sand

Sandy SILT (ML)

Sandy Elastic SILT (MH)

>30% plus No. 200, % sand > % gravel,

30% plus No. 200, % sand > % gravel,

>15% gravel

Gravelly SILT (ML)

Gravelly Elastic SILT (MH)

>30% plus No. 200, % gravel > % sand,

30% plus No. 200, % gravel > % sand,

>15% sand

CLAY Lean CLAY (CL)

Fat CLAY (CH)

% gravel

Lean CLAY with gravel (CL)

Fat CLAY with gravel (CH)

15-25% plus No. 200, % gravel >% sand

Sandy lean CLAY (CL)

Sandy fat CLAY (CH)

>30% plus No. 200, % sand > % gravel,

30% plus No. 200, % sand > % gravel,

>15% gravel

Gravelly lean CLAY (CL)

Gravelly fat CLAY (CH)

>30% plus No. 200, % gravel > % sand,

30% plus No. 200, % gravel > % sand,

>15% sand

Note: Percentages are based on estimated amounts of fines, sand and gravel to the nearest 5%


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Geotechnical Data

Section 00 31 32




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Geotechnical Data

Section 00 31 32




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Bid - Stipulated Sum

Section 00 41 13

00 41 13 1 Z:\2013\130547\WORK\SPECS\BP2\00_41_13.DOC

SECTION 00 41 13 BID - STIPULATED SUM

Bid of _______________________________________________________________________________ hereinafter

called Bidder, organized and existing under the laws of or a resident of the State of _________________________,doing business as ___________________________________________________________________________.*

*Insert as applicable: "a corporation", "a partnership" or "an individual".

To Fishbeck, Thompson, Carr & Huber, Inc., hereinafter called Construction Manager.

1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement withFishbeck, Thompson, Carr & Huber, Inc. in the form included in the Bidding Documents to perform all Workas specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bidand in accordance with the other terms and conditions of the Bidding Documents.

2.01 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. The Bid will remain subject toacceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to inwriting upon request by Construction Manager.

3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identifiedin the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged:

Addendum Number Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Siteconditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations thatmay affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all:

(1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and alldrawings of physical conditions in or relating to existing surface or subsurface structures at orcontiguous to the Site (except Underground Facilities) which have been identified in Section00520 - Agreement, and

(2) reports and drawings of a Hazardous Environmental Condition, if any, which has beenidentified in the Construction Documents.

E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) alladditional or supplementary examinations, investigations, explorations, tests, studies and dataconcerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Sitewhich may affect cost, progress, or performance of the Work or which relate to any aspect of themeans, methods, techniques, sequences, and procedures of construction to be employed by Bidder,including applying the specific means, methods, techniques, sequences, and procedures ofconstruction expressly required by the Bidding Documents to be employed by Bidder, and safetyprecautions and programs incident thereto.


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Section 00 41 13


F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies ordata are necessary for the determination of this Bid for performance of the Work at the prices bid andwithin the times and in accordance with the other terms and conditions of the Bidding Documents.

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

H. Bidder has correlated the information known to Bidder, information and observations obtained fromvisits to the Site, reports and drawings identified in the Bidding Documents, and all additionalexaminations, investigations, explorations, tests, studies and data with the Bidding Documents.

I. Bidder has given Construction Manager written notice of all conflicts, errors, ambiguities ordiscrepancies that Bidder has discovered in the Bidding Documents, and the written resolutionthereof by Construction Manager is acceptable to Bidder.

J. The Bidding Documents are generally sufficient to indicate and convey understanding of all termsand conditions for the performance of the Work for which this Bid is submitted.

4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of anyundisclosed individual or entity 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 otherBidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrainfrom bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidderor over Construction Manager.

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following prices:

Bid Category 6-1 - General Trades

Base Bid ($ )(use words) (figures)

Bid Category 9-1 - Painting


Bid Category 23-1 - Mechanical


Bid Category 26-1 - Electrical


Bid Category 31-1 - Earthwork and Site Utilities


Bidder (Firm or Corporation Name)


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Section 00 41 13


Bid Category 40-1 - Instrumentation and Controls for Process Systems


6.01 Bidder agrees that the Work will be substantially complete on or before July 7, 2014, and completed andready for final payment in accordance with the Agreement on or before July 21, 2014.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to completethe Work within the times specified above, which shall be stated in the Agreement.

7.01 The following documents are attached to and made a condition of this Bid:

a. Required Bid security.b. Schedule.

8.01 The terms used in this Bid with initial capital letters have the meanings indicated in Section 00 21 13 -Instructions to Bidders and Section 00 52 00 - Agreement.

SUBMITTED on , 20___ BY:Date* Name of Bidder*

Street* Signature

City, State, and Zip* Name and Title of Signatory*

Telephone Number*

Facsimile Number*

*Typed or printed in ink.



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Section 00 41 13




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Bid Bond

Section 00 43 13


SECTION 00 43 13 BID BOND

Construction Manager:

Fishbeck, Thompson, Carr & Huber, Inc. Bid Due Date: February 13, 20141515 Arboretum Drive, SE Project: Wastewater Treatment FacilityGrand Rapids, MI 49546 Bid Package 2 - Process Modifications

IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the following termshereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, orrepresentative.

Surety (Principal Place of Business): Bidder:

Name of Surety* Name of Bidder*

Street* Street*

City, State, Zip * City, State, Zip *

(Seal) (Seal)Surety's Corporate Seal Bidder's Corporate Seal

By: By:Signature and Title Signature and Title(Attach Power of Attorney)

Attest: Attest:Signature and Title Signature and Title

* Typed or printed in ink.

Bond:

Bond Number:

Date (Not later than Bid due date):

Penal Sum:

(Words) (Figures)

Note: (1) Above addresses are to be used for giving required notice.(2) Any singular reference to Bidder, Surety, Construction Manager or other party shall be

considered plural where applicable.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and

assigns to pay to Construction Manager upon default of Bidder the penal sum set forth on the face of this Bond.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the BiddingDocuments (or any extension thereof agreed to in writing by Construction Manager) the executed Agreementrequired by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1. Construction Manager accepts Bidder's Bid and Bidder delivers within the time required by the BiddingDocuments (or any extension thereof agreed to in writing by Construction Manager) the executed Agreementrequired by the Bidding Documents and any performance and payment Bonds required by the BiddingDocuments, or


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Bid Bond

Section 00 43 13


3.2. All Bids are rejected by Construction Manager, or

3.3. Construction Manager fails to issue a Notice of Award to Bidder within the time specified in the BiddingDocuments (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Suretywhen required by paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days afterreceipt by Bidder and Surety of written notice of default from Construction Manager, which notice will be given withreasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Noticeof Award agreed to in writing by Construction Manager and Bidder, provided that the total time for issuing Notice of

Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's writtenconsent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of defaultrequired in paragraph 4 above is received by Bidder and Surety, and in no case later than one year after Bid duedate.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in thestate in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addressesshown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by UnitedStates Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effectiveupon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authorityof the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver suchBond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any

applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length.If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern andthe remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term "Bid" as used herein includes a Bid, offer or proposal as applicable.



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Notice of Award

Section 00 51 00


SECTION 00 51 00 - NOTICE OF AWARD

Dated ______________________________________, 20____

TO:(Bidder)

ADDRESS:

CONTRACT: Wastewater Treatment FacilityBid Package 2 - Process ModificationsProject Number G130547CD

You are notified that your Bid dated ___________________________________, 20____ for the above Contract has

been considered. You are the apparent Successful Bidder and have been awarded a Contract for the HillshireBrands Wastewater Treatment Facility - Bid Package 2 - Process Modifications.

The Contract Price of your Contract is ______________________________________________________________

_____________________________________________________________________________________ Dollars

($______________). Three copies of the proposed Contract Documents as identified in the Agreement accompany

this Notice of Award.

You must comply with the following conditions precedent within 15 days of the date of this Notice of Award, that is by______________________________, 20____.

1. Deliver to the Construction Manager three fully executed counterparts of the Contract Documents which

accompany this Notice of Award, each of which must bear your signature at the designated location.

2. Deliver with the executed Contract Documents the Contract security (Bonds) as specified in Article 3.27 ofSection 00 52 00 - Agreement.

3. Deliver with the executed Contract Documents the insurance documents as specified in Articles 9.2 through9.2.8 of Section 00 52 00 - Agreement.

Failure to comply with these conditions within the time specified will entitle Construction Manager to consider your Bidin default, to annul this Notice of Award and to declare your Bid security forfeited.

Within 10 days after you comply with the above conditions, Construction Manager will return to you one fully executedcounterpart of the Contract Documents.

Fishbeck, Thompson, Carr & Huber, Inc.

By:(Authorized Signature)

(Name and Title)

*Typed or printed in ink

Copy to Engineer



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Notice of Award

Section 00 51 00




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Agreement

Section 00 52 00


SECTION 00 52 00 AGREEMENT

Beginning of Agreement


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GonsensusDocs 750STANDARD AGREEMENT BETWEEN CONSTRUCTOR AND SUBCONTRACTOR

TABLE OF ARTICLES1. AGREEMENT2. SCOPE OF WORK3. SUBCONTRACTOR'S RESPONSIBILITIES4. CONSTRUCTOR'S RESPONSIBILITIES5. PROGRESS SCHEDULE6. SUBCONTRACT AMOUNT7. CHANGES8. PAYMENT9. INDEMNITY, INSURANCE, AND BONDS10. SUSPENSION, NOTICE TO CURE, AND TERMINATION1 1. DISPUTE RESOLUTION12. MISCELLANEOUS1 3. SUBCONTRACT DOCUMENTS

ARTICLE I AGREEMENTProject Number: G130547 BP2

ConsensusDocsrM 750 - Standard Agreement Between Constructor and Subcontractor - @2011, Revsed March 2012. THISDOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modfcations can be generated throughthe ConsensusDocs platform. Consultation with legal and insurance counsel and careful review ofthe entire documents are stronglyencouraged Purchase of the document permils lhe user to print one contract for each party to lhe contracl within one projecl only Youmay only make copies of finalized documents for distribution to parties in direct connection with ths contract Any other uses are slrictlyprohibited. Content Secure lD: D8147345-1184

C o n s e n s u s D o c s'"(o @

#0AWt g

mHci-mGr

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\,lt,VWE,MA

ItLllL'rrilii i\ Btl l'r ( t{AYThis document is proudly endorsed by:

IFE iiciii,fENGI NE[,RINC.


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This Agreement is made thisby and between the Day of in the year

CONSTRUCTOR,Fishbeck, Thompson, Carr & Huber, lnc.1515 Arboretum Drive SEGrand Rapids, Michigan 49546and theSUBCoNTRACTOR, t_lfor services in connection with the SUBCONTRACT WORK for the followingBid Package 2PROJECTProcess modifications on the site at2314 Sybrandt Road, Traverse City, Michigan 49684Notice to the Parties shall be given at the above addresses. The Date of Commencement is the date ofthis Agreement above.The OWNER isThe Hillshire Brands Company400 South Jefferson StreetChicago, lllinois 60607and the DESIGN PROFESSIONAL for the Project isFishbeck, Thompson, Carr & Huber, lnc.1515 Arboretum Drive, SEGrand Rapids, Michigan 49546

ARTICLE 2 SCOPE OF WORK2.1 PARTIES' RELATIONSHIP The Parties each agree to proceed with the Subcontract Work on thebasis of mutual trust, good faith, and fair dealing. The Parties shall each endeavor to promote harmonyand cooperation.2.2 SUBCONTRACT WORK The Constructor contracts with the Subcontractor as an independentcontractor to provide all labor, materials, equipment, and services necessary or incidental to complete thework for the Project described in ARTICLE 1 and as may be set forth in further detail in Exhibit A, inaccordance with, and reasonably inferable from, that which is indicated in the Subcontract Documents,and consistent with the Progress Schedule, as may change from time to time. The Subcontractor shallperform the Subcontract Work under the general direction of the Constructor and in accordance with theSubcontract Documents.2.3 CONSTRUCTOR'S WORK The Constructor's Work is the construction and services required of theConstructor to fulfill its obligations pursuant to its agreement with the Owner (the Work). The SubcontractWork is a portion of the Constructor's Work.

2ConsensusDocsrt 750 - Standard Agreement Between Constructor and Subcontrector - @ 201'l, Revised March 201 2. THISDOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a reporl of modfcations can be generated lhrough\ lhe ConsensusDocs platform Consullation with legal and insurance counsel and careful review ofthe entire documents are stronglyencouraged Purchase of the document permts the user to print one contract for each party to the contrect wthin one project only Youmay only make copies of fnalzed documents for distribution to parles in direcl connection wth this conlract Any other uses are strictlyprohibted Content Secure lD: D8I47345-7L84


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2.3.1 ETHICS The Parties shall perform their obligations with integrity, ensuring at a minimum thateach: (a) avoids conflicts of interest and discloses promptly any to the other Party; and (b) warrantsthat it has not and shall not pay nor receive any contingent fees or gratuities to or from the otherParty, including its agents, officers and employees, subcontractors or others for whom they may beliable, to secure preferential treatment.2.4 SUBCONTRACT DOCUMENTS The Subcontract Documents include this Agreement, the primeagreement, special conditions, general conditions, specifcations, drawings, addenda issued andacknowledged prior to execution of this Agreement, amendments, laboratory testing to determine thenature of encountered hazardous materials, other documents listed in this Agreement, and modificationsissued in accordance with this Agreement. The Constructor shall provide to the Subcontractor, prior to theexecution of this Agreement, copies of the existing Subcontract Documents to which the Subcontractorwill be bound. The Subcontractor shall provide copies of applicable portions of the SubcontractDocuments to its proposed subcontractors and suppliers. Nothing shall prohibit the Subcontractor fromobtaining copies of the Subcontract Documents from the Constructor at any time after the SubcontractAgreement is executed.

2.4.1 DOCUMENTS lN ELECTRONIC FORM lf the Owner requires that the Owner, DesignProfessional, Constructor and Subcontractors exchange documents and data in electronic or digitalform, priorto any such exchange, the Owner, Design Professional, and Constructor shall agree to awritten protocol , which, at a minimum, shall specify: (a) the definition of documents and data to beaccepted in electronic or digital form or to be transmitted electronically or digitally; (b) managementand coordination responsibilities; (c) necessary equipment, software, and services; (d) acceptableformats, transmission methods, and verification procedures; (e) methods for maintaining versioncontrol; (f) privacy and security requirements; and (g) storage and retrieval requirements. TheSubcontractor shall provide whatever input is needed to assist the Constructor in developing theprotocol and shall be bound by the requirements of the written protocol. Except as othenryise agreedto by the Parties in writing, the Parties shall each bear their own costs as identified in the protocol.ln the absence of a written protocol, use of documents and data in electronic or digital form shall beat the sole risk of the recipient.2.5 CONFLICTS ln the event of a conflict between this ConsensusDocs 750 Standard Agreement asmodified and the other Subcontract Documents, the ConsensusDocs 750 shall govern.2.6 DEFINITIONS

2.6.1 Agreement means this ConsensusDocs 750 Standard Agreement Between Constructor andSubcontractor, as modified by the Parties, and exhibits and attachments made part of thisagreement upon its execution.2.6.1.1 The following exhibits are as followsExhibit A: The Subcontract Work, Bid pages.Exhibit B: The Drawings, Specifications, General and Other Conditions issued by theDesign Professional and dated t_1, addenda dated [_], and other informationExhibit C: Progress Schedule.Exhibit D:Alternates and Unit Prices and Estimated Quantities, t_l pages.

3ConsensusDocsrM 750 - Standard Agreement Between Constructor and Subcontractor - @2011, Revised March 2012. THISDOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifcations can be generated throughthe ConsensusDocs platform. Consultation with legal and insurance counsel and careful revew of the entire documents are stronglyencouraged Purchase of the documenl permits the user to print one contract for each party to lhe contract within one projec{ only Youmay only make copies of finalized documents for distribulion to parties in direct connection with this contract Any other uses are strictlyprohibted Content Secure lD: D8147345-1184


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Exhibit E: Performance and Payment Bonds.Exhibit F: lnsurance Provisions.

2.6.2 Business Day means all Days, except weekends and offcial federal or state holidays wherethe Project is located.2.6.3 The term Day shall mean calendar day.2.6.4 Laws mean federal, state, and local laws, ordinances, codes, rules, and regulationsapplicable to the Subcontract Work with which the Constructor and Subcontractor must comply thatare enacted as of the Agreement date.2.6.5 The Parties are collectively the Constructor and the Subcontractor.2.6.6 Wherever the term Progress Schedule is used in this Agreement, it shall be read as ProjectSchedule when that term is used in the Subcontract Documents.2.6.7 A Subcontract Change Order is a written order signed by the Constructor and theSubcontractor after execution of this Agreement, indicating changes in the scope of the SubcontractWork, the Subcontract Amount or Subcontract Time, including substitutions proposed by theSubcontractor and accepted by the Constructor.2.6.8 Subcontract Time means the time period on the Progress Schedule between commencingand completing the Subcontract Work.2.6.9 Worksite means the geographical area of the Project location as identified in ARTICLE 1where the Work is to be performed.2.6.'10 All references to Section 00 72 00 - General Conditions and Section 00 73 00 -Supplemental Conditions throughout the contract Document shall mean Section 00 52 00 -Agreement.2.6.11 The term Constructor within this agreement shall mean Construction Manager within theDivision 0 and Division I specification sections.2.6.12 Design Professional means the licensed Architect, ArchitecUEngineer or Engineer, and itsconsultants, retained by Owner to perform design services for the Project. The Owner's DesignProfessional for the Project is Fishbeck, Thompson, Carr & Huber, lnc..

ARTICLE 3 SUBCONTRACTOR'S RESPONSIBILITIES3.1 OBLIGATIONS The Constructor and the Subcontractor are hereby mutually bound by the terms ofthis Agreement. To the extent the terms of the prime agreement apply to the Subcontract Work, then theConstructor hereby assumes toward the Subcontractor all the obligations, rights, duties, and redress thatthe Owner under the prime agreement assumes toward the Constructor. ln an identical way, theSubcontractor hereby assumes toward the Constructor all the same obligations, rights, duties, andredress that the Constructor assumes toward the Owner and Design Professional under the prime

4ConsensusDocslM 750 - Standard Agreement Between Constructor and Subcontractor - @2011, Revised March 2012. THISDOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated throughthe ConsensusDocs platform Consultation with legal and insurance counsel and careful revew ofthe entire documents are stronglyencouraged Purchase of the document permits the user to print one contract for each party lo the contract within one project only Youmay only make copies of f nalized documents for dstributon lo parties in direct connec{ion with this contract Any other uses are strictlyprohibted. Content Secure lD: D8I47345-7784


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contract. ln the event of an inconsistency among the documents, the specific terms of this Agreementshall govern.3.2 RESPONSIBILITIES The Subcontractor shall furnish its diligent efforts to perform the SubcontractWork in an expeditious manner and to cooperate with the Constructor so that the Constructor may fulfillits obligations to the Owner. The Subcontractor shall furnish all of the labor, materials, equipment, andservices, including but not limited to competent supervision, shop drawings, samples, tools, andscaffolding as are necessary for the proper performance of the Subcontract Work, all of which shall beprovided in full accord with and reasonably inferable from the Subcontract Documents. The Subcontractorshall provide the Constructor a list of its proposed subcontractors and suppliers, and be responsible fortaking field dimensions, providing tests, obtaining required permits related to the Subcontract Work andaffidavits, ordering of materials, and all other actions as required to meet the Progress Schedule.3.3 INCONSISTENCIES AND OMISSIONS The Subcontractor shall examine and compare the drawings,specifications, other Subcontract Documents, and information furnished by the Owner relative to theSubcontract Work. Such examination and comparison shall be solely for the purpose of facilitating theSubcontract Work and not for the discovery of errors, inconsistencies, or omissions in the SubcontractDocuments nor for ascertaining if the Subcontract Documents are in accordance with Laws. TheSubcontractor shall not have liability for errors, omissions, or inconsistencies discovered under thissubsection unless the Subcontractor knowingly fails to report a recognized problem to the Constructor.Should the Subcontractor discover any errors, inconsistencies, or omissions in the SubcontractDocuments, the Subcontractor shall promptly report such discoveries to the Constructor in writing.Following receipt of written notice, the Constructor shall promptly instruct the Subcontractor as to themeasures to be taken, and the Subcontractor shall comply with the Constructor s instructions. lf theSubcontractor performs work knowing it to be contrary to Laws without notice to the Constructor andadvance approval by appropriate authorities, including the Constructor, the Subcontractor shall assumeresponsibility for such work and bear all associated costs, charges, fines, penalties, fees, and expensesnecessarily incurred to remedy the violation. The Subcontractor may be entitled to additional costs or timebecause of clarifications or instructions arising out of the Subcontractor s reports described in this section.Nothing in this section shall relieve the Subcontractor of responsibility for its own errors, inconsistencies,and omissions.3.4 WORKSITE VISITATION Before commencing the Subcontract Work, the Subcontractor shall conducta visual inspection of the Worksite to become generally familiar with local conditions and to correlateWorksite observations with the Subcontract Documents. lf the Subcontractor discovers any discrepanciesbetween its Worksite observations and the Subcontract Documents, such discrepancies shall be promptlyreported to the Constructor.3.5 INCREASED COSTS OR TIME The Subcontractor may assert a claim if the Constructor sclarifications or instructions in responses to requests for information are believed to require additionaltime or cost. lf the Subcontractor fails to perform the reviews and comparisons required in sections 0 and3.4, to the extent the Constructor is held liable to the Owner because of the Subcontractor s failure, theSubcontractor shall pay the costs and damages to the Constructor that would have been avoided if theSubcontractor had performed those obligations.3.6 COMMUNICATIONS Unless otherwise provided in the Subcontract Documents and except foremergencies, the Subcontractor shall direct all communications related to the Project to the Constructor3.7 SUBMITTALS

5ConsensusDocsrt 750 - Standard Agreement Between Constructor and Subcontractor - @2011, Revised March 2012. THISDOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANOARO LANGUAGE, and a report of modifcations can be generated throughlhe C

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Transcript of 130547CD_BidPkg2_BidSPEC