June 13, 2014
To: Prospective Bidder
Subject: Request for Proposal
Grand Valley State University is accepting proposals for Asphalt Pavement Services for our Facilities Services Grounds
Department. Reference attached instructions, specifications and maps of patching locations.
If you wish to bid on these services, please submit your proposals for bid #214-44 no later than 2:00, Monday, June 30,
2014. E-mail your proposal to: RFP-Received@gvsu.edu
Your proposal must be received electronically by the bid opening date and time. Grand Valley State University is not responsible
for e-mail bids affected by spam or not received by the bid opening date & time. No fax, verbal, or telephone proposals will be
accepted.
Before submitting proposal, check to be sure that:
1.
2.
The Proposal/Certification/Contract form is signed and witnessed.*
All addenda received are acknowledged
*Note: Electronic submission becomes your authorized signature
Thank you for your participation,
Valerie Rhodes-Sorrelle, C.P.M.
Senior Strategic Sourcing Specialist
Procurement Services - Zumberge Hall - Allendale, MI 49401
Phone - 616/331-2283 - Fax 616/331-3287
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Grand Valley State University
Allendale Campus
1008 Service Building
1 Campus Drive
Allendale, Michigan 49401
Rehabilitate a portion of the asphalt pavement at the Service Building and
Rehabilitate the parking lot at the Performing Arts Center
Allendale Campus, Allendale, Michigan
SCOPE OF WORK AND SPECIFICATIONS
Request for a proposal to Rehabilitate a portion of the asphalt pavement at the Service
Building and Rehabilitate the parking lot at the Performing Arts Center.
Allendale Campus, Allendale Michigan 49401
The undersigned bidder has examined the specifications and the location of the work described
in the proposal for this project and is fully informed as to the nature of the work and the
conditions at the existing site.
The bidder hereby proposes to furnish all necessary machinery, tools, apparatus and other
means of construction; do all the work; furnish all the materials except as otherwise specified;
and, for the lump-sum and/or unit prices indicated, to complete the work in strict accordance
with the specifications included in this proposal and in strict conformity with the requirements of
these specifications and such other special provisions, and specifications as included in this
proposal.
The successful bidder must provide any and all permits that may be required by the State of
Michigan, The City of Allendale, County of Ottawa, or any other controlling agency or entity.
The successful bidder shall make a diligent effort to include MWBE subcontractors in this
project and shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. Failure of the contractor to comply with these requirements will be
considered a material breach of the contract, and may result in its termination.
The undersigned further proposes to do such extra work as may be authorized by the owner.
Compensation shall be made on the basis agreed upon before such extra work is begun.
IA. SCOPE OF WORK
It is the intent of this project to profile mill for reveal and/or remove the existing asphalt
pavement as required, from the existing parking areas, as shown on the plans, or as
outlined by the owner or engineer. After the pavement is removed, the contractor shall
thoroughly clean the remaining surface, apply a bonding agent, hand-patch, wedge and
level as required, then supply, place and compact a new asphalt surface.
The new asphalt shall consist of one and one half inches of MDOT 36A. The technical
specifications for this mix is outlined below.
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New pavement markings shall match existing.
In as much as access for the students, faculty and vendors, of Grand Valley State
University. will be an issue during construction, the traffic control plan shall be approved
by the engineer. Minimum traffic control shall provide for safe ingress and egress and
protection of all persons from the construction operation.
All material that is not incorporated into the work will be removed from the site; any areas
that are disturbed by the construction will be repaired to a “like” condition. Contractor
shall insure that all RAP produced from this project is delivered to an approved recycling
center. Documentation of this shall be supplied to the owner, upon request. Payment for
this work will be included in other items of work.
Contractor is responsible for all layout and grade staking.
II. TERMINOLOGY
Quality Control (QC) - All activities that have to do with making the quality of a product
according to specifications, including training, materials sampling and testing, project
oversight, and documentation.
Quality Assurance (QA) - All activities that have to do with making the quality of a product
according to specifications including materials sampling and testing, construction
inspection, and review of contractor quality control documentation.
Bituminous Mix Design - The selection and proportioning of aggregate(s), mineral filler (if
required), reclaimed asphalt pavement (RAP) and asphalt binder such that the specified
mixture design criteria are met. Laboratory evaluation is required to determine if the
stated mix design complies with specifications.
Job Mix Formula (JMF) - A bituminous mixture for a specific project. This may include
adjustments to the mix design to optimize the field application.
Target Value - A JMF parameter value that may be adjusted, if approved by the engineer,
to account for changes in the physical properties of the mixture.
JMF Adjustment - The contractor may propose an adjustment to the JMF based upon QC
and/or QA test results. The proposed JMF must meet the requirements of the Current
DOT Standard Specifications for Construction. When approved by the engineer, a JMF
adjustment may be applied retroactively to one lot, for parameters with target values.
Voids in Mineral Aggregate (VMA) - The volume of void space between the aggregate
particles of a compacted paving mixture that includes the air voids and the asphalt binder,
including the absorbed asphalt binder, expressed as a percent of the total volume of
mixture.
Effective Specific Gravity (Gse) - The ratio of the oven dry weight in air of a unit volume of
an aggregate (excluding voids permeable to asphalt) at a stated temperature to the weight
of an equal volume of water at a stated temperature.
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Bulk Specific Gravity of Aggregate (Gsb) - The ratio of the oven dry weight in air of a unit
volume of an aggregate at a stated temperature to the weight of an equal volume of water
at a stated temperature.
Maximum Specific Gravity of Mixture (Gmm) - The ratio of the weight in air of a unit
volume of an uncompacted bituminous paving mixture at a stated temperature to the
weight of an equal volume of water at the same temperature.
Lot - Bituminous mixture produced and placed under this special provision is evaluated on
a lot-by-lot basis. A lot is made up of a discrete tonnage of one mixture. Each lot is made
up of three sublots. These sublots will be of approximately equal size up to a maximum of
2000 tons. The sublot size shall be approved by the engineer prior to the start of
production. The contractor may request a change in the sublot size during production
based upon the contractor’s ability to produce a mixture that meets the specification
contained within the contract documents, and upon approval of the engineer.
If only one or two sublots are included in a lot at the end of production, they will be
combined with the previous lot using the same mix, and this combined lot will be
evaluated based upon all sublot samples.
Lot Average Test Result - The average of all sublot QA test results, for a specific
parameter, for the lot. Test results for any sublot removed from the project will not be
used in calculating a lot average. However, the replacement material will be tested and
the results included in the lot average.
Process Quality Control Targets - These targets are established by the contractor based
upon initial production lot test results (and from any approved trial run) for air voids, VMA,
asphalt binder content and Gmm. QC tolerances will be applied to these established
targets to determine the need for production changes, including stopping production, to
control the quality of the product. Process quality control targets must be reported to the
engineer prior to the end of placement of the second lot.
Rounding of Numbers - Rounding of numerical data will follow ASTM E 29-93a, as
described in the MDOT Bituminous QC/QA Procedures Manual of Field Testing.
Random Sampling - Selection of QA samples (bituminous mixture and density) and
verification samples will be by a random process managed by the engineer. The
contractor will be given the opportunity to observe the sampling process. However, the
random numbers selected and the sampling locations will not be revealed to the
contractor until the time of sampling in order to avoid bias in the random sampling
process.
III. SAMPLING AND TESTING
The following sampling and testing procedures are to be followed in completing this work.
ASTM D 1559-89 Test Method for Resistance to Plastic Flow of Bituminous Mixtures Using
Marshall Apparatus (Section 4.5).
ASTM D 2172 Test Methods for Quantitative Extraction of Bitumen from Bituminous Paving
Mixtures.
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ASTM D 2041 Test Method for Theoretical Maximum Specific Gravity and Density of
Bituminous Paving Mixtures.
ASTM D 2726 Test Method for Bulk Specific Gravity and Density of Compacted Bituminous
Mixtures Using Saturated Surface-Dry Specimens.
ASTM C 136 Test Method for Sieve Analysis of Fine and Coarse Aggregates.
ASTM C 117 Test Method for Materials Finer Than 75-µm (no. 200) Sieve in Mineral
Aggregates by Washing.
ASTM E 29 Practice for Using Significant Digits in Test Data to Determine Conformance with
Specifications.
Determining Percentage of Crushed Particles in Aggregates. Method approved by the
Engineer
NAA Method B Measuring Fine Aggregate Angularity.
Determining Deleterious and Objectionable Particles in Aggregates. Method approved by the
Engineer
Determination of Asphalt Content from Asphalt Paving Mixtures by the Ignition Method.
Method approved by the Engineer
ASTM D 919 Sampling Bituminous Mixtures.
Equipment.
All equipment requirements to perform these sampling and testing
procedures shall apply.
IV. QUALITY CONTROL (CONTRACTOR)
a. Bituminous Mixture: The contractor will take random samples of loose mixture at
least every 400 tons of mixture, or a sampling frequency agreed upon with the engineer.
The engineer will be provided a split sample of all QC samples taken by the contractor.
This sample may be taken anywhere in the production process, except behind the paver.
The contractor will be responsible for establishing process quality control targets for air
voids, asphalt binder content, aggregate gradation, Gmm, obtaining QC samples, and
conducting QC testing in accordance with the contractor’s quality control plan (QCP).
The contractor is responsible for quality control. However, as part of the quality control
they will be expected to have a sample of mixture taken prior to loading of the fourth truck
and the maximum density completed with one hour of taking the sample and the
compacted density completed within two hours of taking the sample. The information
obtained from these tests shall be provided to the engineer immediately. The percent
asphalt will be calculated using the mixture design Gse and the sample Gmm. The mixture
air voids will also be calculated and any adjustments that need to be made to get the
mixture to meet the contract specifications will be made as soon as possible. The owner’s
representative must be informed when any adjustments to the mixture are made
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Each QC sample shall be identified to allow all test reports to be linked to a specific lot or
sublot within the project.
The contractor shall maintain daily control charts and have them available for review at
the plant at all times. Copies of these control charts shall be provided to the engineer if
requested. All test results shall be plotted and used in quality control decisions. When
corrective action is necessary, the contractor shall notify the engineer in writing of the
specific action taken, if it required a JMF adjustment.
b. In-place Density: The field density will be controlled at project start up using the mix
design maximum density, and monitored using a density gauge approved by the engineer.
As soon as the first daily QC testing is completed, the actual tested density will be used
for field density control. If the tested density is more than 1.2 lbs/cuft from the design
mixture density, the contractor will stop production and stop mixture delivery to the project
until the difference can be explained, the owner’s representative approves mixture
adjustments, and a new job mix formula is written.
The contractor will have a density gage available for quality control testing during the
compaction process. The contractor will also have the capability to take 6” cores from
random locations throughout the paved area for acceptance testing. The contractor may
take up to three informational cores from each mixture type, to help correlate the density
gage. Minimum in-place density shall average 95 percent of theoretical maximum density,
Gmm.
V. QUALITY ASSURANCE (ENGINEER)
a. Bituminous Mixture: The engineer may collect bituminous mixture (loose) quality
assurance samples and provide the contractor with splits of these samples. If the criteria
for the verification procedure are satisfied, the contractor’s test results may be
incorporated into the acceptance and payment decisions for the mixture. During the
course of production, the engineer may acquire random samples at any point in the
production process. These samples may be tested to determine if the mixture, the
aggregate and the binder meet all of the specification requirements contained in the
contract document. As the samples are collected, the engineer may assign an
alphanumeric identifier to the sample and split, which can be used to trace the test results
to the lot and sublot. This alphanumeric identifier may be included on all engineer test
reports associated with that sample. An example is 4-2-A, which might designate the
engineer’s split (A) of the sample from sublot 2 of lot 4 on a project.
A minimum 16,000 gram sample may be taken. The sample will be divided equally for
contractor and engineer testing. The following tests may be conducted by the engineer on
the QA sample splits.
1. Maximum Specific Gravity, Gmm (ASTM D 2041)
2. Bulk Compacted Density (ASTM D 1559, paragraph 4.5)
3. Air Voids (calculated)
4. Voids in Mineral Aggregate, VMA (calculated)
5. Composition of the Mixture - Asphalt binder content based on calculated
value using sublot maximum specific gravity (Gmm) and current JMF effective
specific gravity (Gse). The retained Gmm sample may be used for gradation
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(ASTM C 136, C 117) and crushed particle content from extracted (ASTM D
2172 or incinerated aggregate.
b. In-Place Density: The engineer may identify random core sample locations for each
sublot based on longitudinal and transverse measurements. The engineer will mark each
core location with a paint dot, which represents the center of the core. The contractor
shall drill a 6” core sample at each core location. The contractor shall notify the engineer
sufficiently in advance of coring to ensure that a representative can be present to witness
the coring and take possession of the core. The core density shall be calculated using the
TMD from the test data obtained from that day’s sample. The core samples shall be taken
after final rolling.
As an option, when mutually agreed to by the engineer and contractor, the core samples
may be waived and the density gage will be used for acceptance testing.
Core samples shall not be damaged during removal from the pavement. If, for any
reason, a core is damaged or determined not to be representative at the time of coring,
the engineer will evaluate and document the problem and determine if re-coring is
necessary.
All previous pavement, base aggregate or bond coat material shall be sawed off the
bottom of the core samples.
The core holes shall be filled with hot mixture and thoroughly compacted as part of the
coring operation. The method of filling holes and obtaining compaction shall be agreed
upon prior to production. Pavement density acceptance testing will be completed within
one (1) work day after the cores were taken. Testing will be in accordance with ASTM D
2726. The test results on the compacted bituminous mixture will be used as a basis of
acceptance and payment.
VI. VERIFICATION OF QUALITY CONTROL TEST
a. General Procedure: The engineer will review the contractor’s sampling and testing
procedures, their test results and any engineer quality assurance test results. If, in the
opinion of the engineer, sampling and testing procedures are proper, the contractor’s
quality control test data may be used for acceptance decisions.
The contractor’s QC test results may be considered verified if the following criteria are
satisfied:
1. The difference between the contractor’s QC test results and the JMF fall
within the single test tolerance shown in Table 1, or
2. The difference between the engineer’s test results and the contractor’s test
results fall within the single test tolerance shown in Table 1.
If the difference between the contractor’s QC test results, compared to the JMF, exceed
the single test tolerances shown in Table 1, the engineer’s test results will be used as the
acceptance test. If the sublot is not verified, the contractor shall be notified and given a
copy of the test results. Both the contractor and the engineer will verify that testing
equipment is calibrated and operating properly, and correct testing procedures have been
followed. Unless it is documented that the difference resulted from equipment or
procedural problems, the engineer’s test results will remain as the acceptance test of
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record.
The cost of one verification test per mixture type shall be paid by the owner. Any
additional mixture verification testing for acceptance shall be paid for by the contractor.
VII. PROJECT DOCUMENTATION
a. General: The format of all test reports and quality control charts to be submitted by
the contractor will be approved by the engineer before mixture production is allowed
to commence. Suggested formats of reports and charts are available from the
engineer. Project documentation to be provided by the contractor shall include, but
may not be limited to, the following.
b. Lot Basis:
1. A complete report of QC tests shall be submitted to the engineer within 24
hours of the time the last tests were completed.
2. Control charts of all test data must be current (data should be plotted as soon
as the test is complete) and available for review by the engineer.
c. Project Summation:
1. Control charts for all test data indicating individual test values, lot averages
and the running average of five.
2. A tabulation of all test data including sublot data, lot averages, project
average, project standard deviation and a projection of which lots are subject to
a price adjustment.
VIII. MEASUREMENT AND PAYMENT
Bituminous mixture will be paid for at the bituminous mixture contract unit price.
Bituminous Mixture Price Adjustment
a. General: Adjustments to the contract unit price for bituminous mixture will be
calculated for each of four sets of criteria. The largest adjustment allowable in each
case will be imposed and unit price adjustments will be applied cumulatively (lot
pavement density + pavement density + bituminous mixture + failure to suspend
operations) to the affected tonnage. Each of the unit price adjustments is detailed
below.
b. Bituminous Mixture: If, for asphalt binder content, air voids, Gmm or VMA, the
difference between the lot average and the JMF is within the lot average tolerance
shown in Table 2, no adjustment will be made to the unit price for Bituminous
Mixture under this criteria. If the lot average tolerance is exceeded for one or more
parameter(s), a negative adjustment will be made to the contract unit price for
Bituminous Mixture in accordance with Table 2. Only the largest of the four
possible pay adjustments for this set of criteria will be assessed. This price
adjustment is applied to the entire lot tonnage.
c. Pavement Density: Based on pavement cores or the density gage, either a 10
percent or a 25 percent adjustment in the Bituminous Mixture contract unit price
may be imposed. The following criteria will be used and only the highest calculated
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pavement density price adjustment will be applied. This price adjustment is applied
to the entire lot tonnage.
1. A negative 10 percent adjustment in the Bituminous Mixture contract unit
price will be imposed if the lot average pavement density is less than 95.0
percent, but equal to, or greater than, 94.0 percent.
2. A negative 25 percent adjustment in the Bituminous Mixture contract unit
price will be imposed if the lot average pavement density is less than 94.0
percent, but equal to, or greater than, 92.0 percent.
IX. REMOVAL
a. General: The cost of the mixture removed and the removal cost will be borne by the
contractor. Removal decisions will be applied to individual sublots.
b. If the pavement density for any sublot (average of sublot cores) is less than 92.0
percent, the contractor shall remove and replace the sublot.
c. The engineer reserves the right to evaluate any sublot whose test results for asphalt
binder content, Gmm, VMA, or air voids, exceed the single test tolerances shown in
Table 1. If the engineer determines that the in-place mixture will not perform in
accordance with normal standards, the contractor shall remove and replace the sublot.
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TABLE 1 : Bituminous Quality Assurance Testing Tolerances ( + or - ) from JMF
Parameter
Single Test
Lot Average
Air Voids
1.00%
0.60%
Voids in Mineral Aggregate (VMA)*
1.20%
0.75%
Maximum Specific Gravity (Gmm)*
0.019
0.012
Asphalt Binder Content*
0.50%
0.35%
*Parameters with Target Values
The engineer retains the authority to make necessary adjustments to the JMF to ensure
compliance with the intent of the specifications.
TABLE 2: Bituminous Mixture Pay Adjustments
Parameter
Deviation (d)
Negative Unit Price
(lot average)
Adjustment (%)
Asphalt Binder Content
(deviation from JMF)
Air Voids
(deviation from JMF)
Maximum Specific Gravity (Gmm)
(deviation from JMF)
Voids in Mineral
Aggregate (VMA)
(deviation below minimum value)
0.35 < d < 0.55
d > 0.55
0.6 < d < 0.7
0.7 < d < 0.8
0.8 < d < 1.0
1.0 < d < 1.1
1.1 < d < 1.2
d > 1.2
0.012 < d < 0.014
0.014< d < 0.015
0.015< d < 0.017
0.017 < d < 0.019
0.019 < d < 0.021
d > 0.021
0.0 < d < 0.1
0.1 < d < 0.3
0.3 < d < 0.4
0.4 < d < 0.5
0.5 < d < 0.6
d > 0.6
10
25
2
4
6
8
10
25
2
4
6
8
10
25
2
4
6
8
10
25
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X. Technical Specifications
Section 304. Bituminous Mixtures
304.01 Description. Construct the bituminous leveling and surface courses.
The contractor will furnish all necessary machinery, tools, apparatus and other means of
construction to do all the work, and furnish all the materials, except as otherwise specified, to
complete the work in strict accordance with the plans and specifications included in this
proposal, and in strict compliance with the current State Department of Transportation Standard
Specifications for Construction and special provisions.
304.02 Technical Specifications
1.
Mix Design
A 4 point, fifty blow each side, Marshall Mix Design will be completed for each
mixture used on this project. This design will be done in accordance with the
Asphalt Institutes MS-2 with the following clarifications. Two theoretical density
(Gmm) tests will be conducted for each of the four test points, without dry back.
The effective specific gravity (Gse) will then be calculated for each test point
using the average Gmm, and then the mixture Gse will be the average of the four
test points. The completed mixture design will include all data from all test points
and a regression table showing the following data for each 0.1% asphalt content;
air voids, maximum theoretical specific gravity, compacted density, and voids in
the mineral aggregate. This data, in its entirety, must be presented to and
approved by the owner’s representative at least two days before the mixture is
placed.
It is the intent of this specification for the contractor to produce mixture at the
following parameters. If the engineer believes the contractor is producing
mixture at the high end or low end of any of these specification limits, the
engineer shall have the authority to make any changes he feels necessary to
bring the mixture back to the specified parameters.
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A.
MIXTURE NUMBER:
VMA % (eff. spec. gravity)
Air voids %
Fines to binder ratio (max.)
Fine angularity min.MTM 118
L.A. Abrasion % max.
Soft Particle % max.
5C
Mod.
16.5
3.0
1.2
4.0
40
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Aggregates produced from Steel Furnace Slag shall not be introduced into any mixtures placed
on this project.
B.
GRADATIONS - Percent passing indicated sieve:
1”
3/4”
1/2”
3/8”
#4
#8
#16
#30
#50
#100
#200
Crush (min.) MTM 117
100
100
100
98-100
90 Max
40-70
30-50
20-35
15-20
15 Max
3-6
90
C.
Final binder properties shall meet asphalt PG 58-28 for this project.
D.
If the binder obtained from the RAP exceeds 17 percent of the total binder in
the mixture, the contractor shall furnish documentation (i.e., blending chart)
in order to determine the proper grade of the virgin binder required to
achieve the desired final binder properties.
The contractor will provide to the engineer asphalt delivery tickets showing
asphalt cement (binder) grade, date of delivery, and quantity delivered. The
contractor will provide a letter to the owner certifying that all materials
approved on the mixture design were, in fact, used for the project.
2.
In-Place Density
The average in-place density of the mixture shall be a minimum of 93 percent of
theoretical maximum density.
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Grand Valley State University
Asphalt Pavement Services
Information to Bidders
Bid #214-44
1.
Grand Valley State University’s sales tax exempt number is 38-1684280
2.
Reference attached specifications
3.
Review attached maps of patching locations.
4.
Project work to begin as soon as possible, with the work needing to be completed no later than August 2, 2014.The contact
person for this project work will be ken Stanton, GVSU Grounds Supervisor.
5.
Any product deliveries involved in providing services described in the bid specifications shall be included in the total cost of service.
6.
Include with your quotation three (3) references from similar services/work provided.
7.
Please use the enclosed bid form to record pricing information.
8.
Grand Valley State University reserves the right to award bids / proposals in the manner that will best suit the University.
9.
At Grand Valley State University, socially responsible procurement (defined as supporting diversity, socially responsible
procurement, and sustainability) is highly valued. These ideals are fundamental to our academic, research, and athletic
excellence. Grand Valley promotes supplier inclusion that is reflective of the diverse business community, and is committed to
purchasing environmentally friendly products, while remaining focused on socially responsible procurement methodologies
10. Grand Valley State University endeavors to buy products made in the United States of America whenever an American made*
product is available that meets or exceeds the specifications requested and the price is equal to or lower than a foreign made
product. Vendors are requested to bid American-made products and/or services whenever available. Vendors may bid foreign
made products or services when:
a.
They are specified
b.
They are identified as an alternate by the vendor as long as they are technically acceptable.
*More than 50% of the manufactured or assembled in the United States.
11. GVSU reserves the right to accept or reject any or all Proposals not withdrawn before the opening date and to waive any irregularity
or informality in the Proposal process. The University reserves the right to conduct discussions, request additional information
and accept revisions of Proposals from any or all bidders. The University reserves the right to negotiate with the bidder whose
proposal is deemed most favorable.
12. Grand Valley State University reserves the right to terminate the contract for any reason upon written notice to the supplier.
13
General Terms and Conditions (Rev. 1.30.14)
4.1
Supplemental Conditions
4.1.1
The Supplier shall comply with the University’s policy and procedures (http://www.gvsu.edu/purchasing) and any
additional instructions issued from time to time by the University.
4.2
4.1.2
During the period of contract, no change is permitted to any of its conditions and specifications unless the
Supplier receives prior written approval from the University.
4.1.3
Should the Firm find at any time that existing conditions make modification in contract requirements
necessary, it shall promptly report such matter to the University for its consideration and decision.
4.1.4
The Firm shall comply with any and all federal, state or local laws, now in effect or hereafter promulgated
which apply to the operation herein specified.
4.1.5
The Firm’s performance may be evaluated by a designee or an Advisory Committee of the University
meeting from time-to-time during the period of contract. It will be the responsibility of the Firm to respond,
in writing if so requested, to inquiries, requests for change, and recommendations.
4.1.6
The Firm shall provide the University, with telephone numbers and addresses of management personnel
and shall arrange for at least one such person to be available during the University’s normal working hours
by telephone. The Firm shall also provide sufficient backup in times of staff shortages due to vacations,
illnesses, and inclement weather.
4.1.7
The Firm shall maintain applicable insurance coverage with appropriate coverage limits. The Firm shall
provide the name of the primary insurance carrier and their trade rating which may apply to the operation
herein specified.
Termination
The University may terminate this agreement for any reason, including but not limited to, changes in the
market price of the products and non-appropriation of federal or state funding to university.
The failure of university to exercise its rights of termination for default due to Suppliers failure to perform as
required in any one instance shall not constitute a waiver of termination rights in any other instance.
4.3
General Terms and Conditions
The terms and conditions shall govern any agreement issued as a result of this solicitation.
Additional or attached terms and conditions which are determined to be unacceptable to the University may
result in the disqualification of proposals. Examples include, but are not limited to: liability for payment of
taxes, subjugation to the laws of another state, and limitations on remedies.
4.3.1
Interpretation, Enforcement and Forum of Laws
For disputes between University and Supplier, this agreement shall be governed by, construed,
interpreted, and enforced solely in accordance with the laws of the State of Michigan and the venue of any
action shall lie in such state.
4.3.2
Compliance with Law
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Supplier warrants and certifies that in the performance of this agreement, it has complied with or will
comply with all applicable statutes, rules, regulations and orders of the United States, and any state or
political subdivision thereof, including but not limited to, laws and regulations pertaining to labor, wages,
hours and other conditions of employment.
4.3.3
Funding Provided by Federal Contracts or Grants
Where federal contracts or grants provide funding to University, it is the responsibility of the Supplier and
University to comply with all FAR (Federal Acquisition Regulations) applicable laws and regulations by
completing any certifications and disclosures and any other requirements. When federal contract or grant
funds are used on purchases under this agreement, which exceed $25,000, certification must be provided
in writing that the Supplier is not debarred, suspended, or proposed for debarment by the Federal
Government.
4.3.4
Insolvency
In the event of any proceedings in bankruptcy or insolvency by or against Supplier, or in the event of the
appointment (with or without it’s consent) of an assignee for the benefit of creditors, or a receiver,
University may cancel this agreement without prior notice and without incurring any liability whatsoever to
Supplier.
4.3.5
Assignments
Supplier shall not assign this agreement or any of Supplier’s rights or obligations hereunder, without
University’s prior written consent. Any purported assignment made without prior written consent shall be
void and of no effect.
4.3.6
Patent Trademark and Copyright Infringement
The Supplier warrants that the products/services hereby sold, either alone or in combination with other
materials, do not infringe upon or violate any patent, copyright, trademark, trade secret, application or any
other proprietary right of any third party existing under laws of the United States or any foreign country.
The Supplier agrees, at its own expense, to defend any and all actions or suits alleging such infringements
and will hold University, its officers, agents, servants, and employees harmless from any and all losses,
expenses, claims, (including reasonable attorney’s fees), or judgments arising out of cases of such
infringement.
4.3.7
Use of Name, Logos, etc. in Advertising
Supplier agrees not to make reference to this agreement or use University logo or trademarks in any
advertising material of any kind without expressed written permission. University agrees not to make
reference to this agreement or use the logo of Supplier in any advertising and marketing materials of any
kind without the expressed written permission of the Supplier.
4.3.8
Indemnification
Supplier agrees to indemnify and hold University harmless from and against all liability, losses, damages,
claims, liens, and expenses (including reasonable legal fees) arising out of or connected with the products
purchased, work or services performed, or resulting from damages or injuries incurred by or to University
by reason of any defect in manufacture, construction, inspection, delivery, material, workmanship, and/or
design of any goods and services furnished hereunder, excepting only such liability as may result solely
from the acts of negligence of University or its employees. Supplier, at the request of University, shall
undertake to defend any and all suits and to investigate and defend any and all claims whether justified or
not, if such claim or suit is commenced against University or its respective officers, agents, servants, and
employees.
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4.3.9
Insurance
If fabrication, construction, installation, service or other work is specified to be conducted on University
premises, Supplier shall maintain in force during the period of such work limits of liability as required by
law or as set forth herein, whichever is greater: (a) worker’s compensation, as required by the laws of the
State of Michigan; (b) commercial general liability for bodily injury and/or property damage in an amount of
not less than $1,000,000 single limit, per occurrence; (c) automobile liability for bodily injury and/or
property damage in an amount of not less than $1,000,000 single limit, per occurrence. Supplier shall
provide a certificate of insurance naming University as additional insured. Supplier shall furnish to
University satisfactory proof of such insurance coverage included with Supplier’s proposal.
4.3.10
Licenses/Permits/Taxes and Tax Exempt Status
Supplier shall be responsible for obtaining all permits, licenses and bonding, to comply with the rules and
regulations of any state, federal, municipal or county laws or any city government, bureau or department
applicable and assume all liability for all applicable taxes.
University is a 501(c) (3) not-for-profit corporation and is exempt from state sales and use taxes imposed
for services rendered and products, equipment or parts supplied.
All prices listed and discounts offered are exclusive of sales and use taxes. Supplier has the duty to collect
all taxes in connection with the sale, delivery or use of any items, products or services included herein
from University (if for the purpose of resale), at the taxable rate in effect at the time of invoicing. Supplier
shall comply with the tax requirements of the State of Michigan. University shall furnish to Supplier a
certificate of exemption in form and timeliness acceptable to the applicable taxing authority.
4.3.11
Americans with Disabilities Act
Supplier shall comply with all applicable provisions of the Americans with Disabilities Act and applicable
federal regulations under the Act.
4.3.12
Alcohol, Tobacco & Drug Rules and Regulations
Employees of the Supplier and its subcontractors shall comply with all instructions, pertaining to conduct
and building regulations of the University. University reserves the right to request the removal or
replacement of any undesirable employee at any time.
All buildings at all University locations are tobacco-free. Use of tobacco products is not permitted in any
area inside any buildings. Smoking is prohibited within twenty-five (25) feet of any building, within twentyfive feet of any bus stop on University property and within twenty-five feet of the Little Mac Bridge on the
Allendale campus. The Supplier is expected to respect this tobacco-free policy and fully comply with it.
The Supplier agrees that in the performance of this agreement, neither the Supplier nor any of its
employees shall engage in the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance, including alcohol, in conducting any activity covered by this agreement. University
reserves the right to request a copy of the Drug Free Workplace Policy. The Supplier further agrees to
insert a provision similar to this statement in all subcontracts for services required.
4.3.13
Equal Opportunity
The provisions of Section 202 of Executive Order 11246.41 C.F.R. Sec. 60-1.1 C.F.R. Sec. 60-250.4 and
41 C.F.R. Sec. 60-741.4 are incorporated herein by reference and shall be applicable to this agreement
unless this agreement is exempted under the rules, regulations, or orders of the U.S. Secretary of Labor.
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4.3.14
Non-Discrimination
The parties agree to comply with applicable state and federal rules governing Equal Employment
Opportunity and Non-Discrimination.
4.3.15
Sexual Harassment and Bias Incidents
Federal law and the policies of the University prohibit sexual harassment. Supplier is required to exercise
control over its employees so as to prohibit acts of sexual harassment. If University in its reasonable
judgment determines that any employee of Supplier has committed an act of sexual harassment, Supplier
agrees as a term and condition of this agreement to cause such person to be removed from University’s
facility and to take such other action as may be reasonably necessary to cause the sexual harassment to
cease.
4.3.16
Compliance with Specifications
The Supplier warrants that all goods, services, or work supplied under this agreement shall conform to
specifications, drawings, samples, or other descriptions contained or referenced herein and shall be
merchantable, of good quality and workmanship and free from defect. The Supplier also warrants that all
goods covered by this agreement which are the product of the Supplier or are in accordance with its
specifications, will be fit and subject to University inspection before acceptance, and also to later rejection
if use reveals defects not apparent upon receipt; and if rejected will be held at Supplier’s risk and expense
for storage and other charges after 60 days of storage, goods may be disposed of without cost to
University. Neither receipt of goods nor payment therefore shall constitute a waiver of this provision.
4.3.17
Gratuities
University may, by written notice to Supplier, cancel the agreement if it discovers that gratuities, in the
form of entertainment, gifts or the like, were offered or given by Supplier to any officer or employee of
University with a view toward securing an agreement or securing favorable treatment with respect to the
awarding of this agreement.
4.3.18
Covenant Against Contingency Fees
Supplier certifies that it has neither offered nor paid a contingency fee to any individual, agent, or
employee of University to secure or influence the decision to award this agreement to Supplier.
4.3.19
Suspension or Debarment
University may, by written notice to the Supplier, immediately terminate the agreement if it is determined
that the Supplier has been debarred, suspended or otherwise lawfully prohibited from participating in any
public procurement activity, including but not limited to, being disapproved as a subcontractor by any
public procurement unit or other governmental body.
4.3.20
Conflict of Interest
In order to avoid even the appearance of any conflict of interest, neither University nor Supplier shall
employ any officer or employee of the other party for a period of one year from the date hereof.
4.3.21
Strikes or Lockouts
In the event Supplier should become involved in a labor dispute, strike or lockout, Supplier will be required
to make whatever arrangements that may be necessary to insure that the conditions of this agreement are
met in their entirety. Should the Supplier be unable to fulfill its obligations under this agreement, University
shall have the right to make alternative arrangements to insure the satisfactory performance of the
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agreement during the time Supplier is unable to perform the required duties. Any costs incurred by
University, as a result of such job action, shall be reimbursed by the Supplier.
4.3.22
Force Majeure
Neither party shall be held responsible for any losses resulting if the fulfillment of any terms or provisions
of this agreement are delayed or prevented by any cause not within the control of the party whose
performance is interfered with, and which by the exercise of reasonable diligence, said party is unable to
prevent.
4.3.23
Modification of Terms
No waiver or modification of any of the provisions hereof shall be binding unless mutually agreed upon by
University and the Supplier, in writing, with signatures of authorized representatives of all parties
authorizing said modification.
4.3.24
Continuation of Performance through Termination
Supplier shall continue to perform, in accordance with the requirements of this agreement, up to the date
of termination, as directed in the termination notice.
4.3.25
Open Records
University considers all information, documentation and other materials requested to be submitted in
response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be
subject to public disclosure. Supplier is hereby notified that University adheres to all statutes, court
decisions and the opinions of the State of Michigan regarding the disclosure of proposal information.
4.3.26
Proprietary/Confidential Information
All information, documentation, and other materials submitted by Respondent in response to this
solicitation or under any resulting contract may be subject to public disclosure under the Freedom of
Information Act and/or Open Records laws of the University.
4.3.27
Strict Compliance
The parties may at any time insist upon strict compliance with these terms and conditions, notwithstanding
any previous custom, practice or course of dealing to the contrary.
4.3.28
Entire Agreement
This agreement together with the Exhibits annexed hereto constitutes the entire agreement between the
parties and supersedes all prior agreements whether written or oral between the parties. Documents
subject to Freedom of Information Act will only be released after award.
4.3.29
Prevailing Wage Rates
If and where applicable prevailing wage rates apply. Prevailing wage rate information may be included
with this document. However, if not, it is the responsibility of the bidder to obtain any and all appropriate
prevailing wage rate information.
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Grand Valley State University
Asphalt Pavement Services
Bid Form
214-44
Service Building
Item
Pavement Removal
Cold Milling
Hand Patching
MDOT 36A
Traffic Control
Mobilization
Total
Unit
SFT
SYD
TON
TON
LS
LS
Quantity
Performing Arts Center
Item
Cold Milling
MDOT 36A
Pavement Markings
Traffic Control
Mobilization
Total
Unit
SYD
TON
LS
LS
LS
Quantity
Unit Price
Total
Unit Price
Total
200
400
6
35
1
1
1685
145
1
1
1
CREDIT FOR WORK DELETED:
Should any work be deleted from the contract by order of Owner, full cost savings realized thereby will be credited
to the Owner.
COMPLETION TIME: Contractor agrees to complete entire work and have it ready for Owner’s use within
calendar days from commencement of work and that work will commence within 7 calendar days
of pre-construction meeting.
Signed by_______________________________________________
Contractor_______________________________________________
Address_________________________________________________ Phone_____________________
City______________________ State_____
Zip_____________
Dated ____________________
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