December 8, 2017 NOTICE to BIDDERS Sealed

December 8, 2017

NOTICE TO BIDDERS

Sealed proposals will be received by the Board of Water and Light (BWL) up to 2:00 P.M., local time,

Tuesday, 01/16/18, for furnishing:
RFP Specification: L-5402a

REFURBISHED COMBUSTION TURBINE GENERATOR (RCTG)

Proposals must be in full accordance with the enclosed Request for Proposal. You are hereby invited to submit a firm fixed Price Proposal (not subject to economic price adjustment) on or before the Bid Due Date listed above, to furnish all design, engineering, labor, supervision, materials, supplies, equipment, and all other services necessary for the REBURBISHED COMBUSTION TURBINE GENERATOR as defined in this request.

Proposals shall be submitted in a non-protected, Adobe format and e-mailed to [email protected]. For ease of identification, enter “RFP Title- Bidder’s Name” in the subject line of your e-mail proposal. You will receive an automatic reply to your submittal which confirms the BWL has received your emailed message. Any

electronic Proposals must be received by due date/time deadline to be accepted. Electronic Proposals received after deadline will be rejected.

ELECTRONIC PROPOSALS SUBMITTED TO OTHER EMAIL ADDRESSES WILL NOT BE ACCEPTED. DO NOT CARBON-COPY (CC) OTHER BWL, KRAMER MANAGEMENT, OR SARGENT & LUNDY REPRESENTATIVES ON PROPOSALS SUBMITTED TO THE SEALED BIDS INBOX.

Hard copy proposals are required to be submitted by the next business day after the bid due date and in accordance with the following requirements: “ORIGINAL” Proposal, seven (7) copies and two (2) CD’s containing all proposal documents. Do not include copies of the other BWL RFP documents in your proposal package.

Complete the RFP Bid Package Label provided in this RFP and affix it to your bid package. Deliver or mail all hard copy bid packages via one of the methods below by the Close Of Business (COB) on the next business day after the Due Date above:



If submitting by private carrier (UPS, Fedex, DHL, etc…) submit to: Board of Water and Light, Attn: Rachelle Hall, New Gas Combined Cycle Plant, 1110 S. Pennsylvania, Building E, Lansing, Michigan 48912. If submitting in person, deliver to: 1232 Haco Drive, Lansing, Michigan 48912.

The BWL reserves the right to reject any or all proposals, waive irregularities or technicalities in any proposal, and accept any proposal in whole or in part, which in the opinion of the BWL, is in its best interest. The BWL does not limit the methods or factors to be used for evaluation. Neither this Request for Proposal nor any response thereto shall be construed to commit the BWL to pay cost incurred by Bidder or to award a contract.

Questions regarding this RFP will be accepted through Monday, 12/18/2017. Responses to these questions will be issued to all bidders via addenda to this RFP (reference Article 8 in the enclosed Instruction to Bidders). Direct all questions concerning this Request for Proposal, in writing, via email to Rachelle Hall at

[email protected].

Sincerely,

Rachelle Hall New Gas Combined Cycle Plant (517) 702-6192 (517) 702-6042 Fax

[email protected]

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

INSTRUCTIONS TO BIDDERS FOR
PROCUREMENT CONTRACTS

Prepared by and
Issued and Published Jointly by

AMERICAN COUNCIL OF ENGINEERING COMPANIES
______________________

AMERICAN SOCIETY OF CIVIL ENGINEERS
______________________

ASSOCIATED GENERAL CONTRACTORS
OF AMERICA
______________________

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

A Practice Division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

EJCDC P-200, Instructions to Bidders for Procurement Contracts.
Copyright © 2010 National Society of Professional Engineers, American Council of Engineering Companies, American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.

Copyright © 2010:
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882

www.nspe.org

American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474

www.acec.org

American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(800) 548-2723

www.asce.org

Associated General Contractors of America
2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308
(703) 548-3118

www.agc.org

The copyright for EJCDC P-200 is owned jointly by the four EJCDC sponsoring organizations listed above. The National Society of Professional Engineers (NSPE) is the Copyright Administrator for the EJCDC documents; please direct all inquiries and requests regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org , or from any of the four sponsoring organizations above.

Copyright © 2010 National Society of Professional Engineers, American Council of Engineering Companies, American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.

Table of Contents

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INSTRUCTIONS TO BIDDERS

ARTICLE 1 - REQUEST FOR PROPOSAL DOCUMENTS

1.01 The Request for Proposal (“RFP”) consists of the following:

A. Notice to Bidders; B. Instructions to Bidders; C. RFP Document, with attachments;
1. Bid Form, with required attachments; 2. Refurbished CTG Technical Bid Specification L-5402a, Rev 0; 3. Agreement between Purchaser and Seller for Procurement Contracts; 4. Standard General Conditions for Procurement Contracts; 5. Refurbished CTG Proposal Data Form (PD); 6. Refurbished CTG Proposal Pricing Form (PP); 7. Clarifications and Exceptions Form; 8. Vendor Cybersecurity Questionnaire; 9. Sworn and Notarized Affidavit of Compliance - Iran Economic Sanctions Act; 10. LBWL Project Management System (e-Builder); 11. Proposal Questionnaire; 12. Proposal Checklist; 13. RFP Bid Package Label; 14. Addenda, if issued.

ARTICLE 2 - DEFINED TERMS

2.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General
Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below.

ARTICLE 3 - BIDS RECEIVED

3.01

Bidder shall submit bids to the Lansing Board of Water and Light (LBWL) Office

as provided in these Notice to Bidders and Instructions to Bidders.

ARTICLE 4 - COPIES OF BIDDING DOCUMENTS

4.01 Complete sets of the Bidding Documents will be provided electronically from the LBWL website at www.lbwl.com/Bid-Notices/.

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4.02 Complete sets of the Bidding Documents shall be used in preparing Bids; neither LBWL nor any LBWL Contractor assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

4.03 All complete, in-process or conceptual work supplied by LBWL during the proposal and evaluation process are the sole property of LBWL and may not be used without the consent of LBWL. Any product used, such as, drawings and specifications, photos, campaigns, drafts, etc. are the sole property of LBWL. All LBWL information will be kept confidential at all times. Bidder shall not disclose to others, without the written consent of LBWL, any information concerning the service provided, the organization, its personnel, or its activities, which Bidder may obtain as a result of, or in connection with the performance of the services.

ARTICLE 5 - QUALIFICATIONS OF BIDDERS

5.01 To demonstrate Bidder’s qualifications to furnish Goods and Special Services, if requested,

within [five] days of LBWL’s request, Bidder shall submit written evidence, such as financial data, previous experience and current commitments and the following additional information:

5.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s

representations and certifications.

5.03 A Bidder’s failure to submit required qualification information within the times indicated

may disqualify Bidder from receiving an award of the Contract.

ARTICLE 6 - BIDDER’S REPRESENTATIONS

6.01 Upon request LBWL will provide Bidder access to the Point of Destination and the site where Goods are to be installed or Special Services are to be provided so that Bidder may conduct such investigations, examinations, tests, and studies as Bidder deems necessary for submission of a Bid.

6.02 It is the responsibility of each Bidder before submitting a Bid to:
A. examine and carefully study the Bidding Documents, including any Addenda, and the related data identified in the Bidding Documents;

B. coordinate with LBWL to visit the Point of Destination, and the site where the Goods are to be installed and Special Services are to be provided, during normal business hours, to become familiar with the local conditions if required by the Bidding Documents to do so,

or if, in Bidder’s judgment, any local condition may affect cost, progress, or the furnishing

of Goods and Special Services;
C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, or the furnishing of the Goods and Special Services;

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D. become aware of the general nature of the work to be performed by LBWL and others at the Point of Destination

E. carefully study, consider, and correlate the information known to Bidder; information commonly known to sellers of similar goods doing business in the locality of the Point of Destination and the site where the Goods will be installed or where Special Services will

be provided; information and observations obtained from Bidder’s visits, if any, to the

Point of Destination and the site where the Goods are to be installed or Special Services are to be provided; and any reports and drawings identified in the Bidding Documents regarding the Point of Destination and the site where the Goods will be installed or where Special Services will be provided, with respect to the effect of such information, observations, and documents on the cost, progress, and performance of Seller's obligations under the Contract Documents;

F. promptly give Point of Contact written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution (if any) thereof by Point of Contact is acceptable to Bidder;

G. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing Goods and Special Services; and

H. review LBWL’s safety manual, which can be found on the LBWL’s website at:

http://www.lbwl.com/uploadedFiles/MainSite/Content/Doing_Business/BWL_Safety_

Manual.pdf . All Goods and Special Services shall be in full compliance with the LBWL Safety Manual, and all State of Michigan and national safety requirements.

6.03 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article, that without exception the Bid is premised upon furnishing Goods and Special Services required by the Bidding Documents, that Bidder has given Point of Contact written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions (if any) thereof by LBWL are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing Goods and Special Services. Failure by a successful Bidder from complying with this Article shall not relive the Bidder from obligations to provide the Good and Special Services Awarded hereunder, nor shall such failure be a satisfactory reason to increase the Contract Time or Contract Price above that stated in the

Bidder’s proposal.

6.04 All Point of Destination and site visits and work at the Point of Destination may be

governed by the LBWL’s safety program. Unless excepted in the Bidder’s proposal, and accepted by LBWL, Bidder is required to comply with the LBWL’s safety manual during

the furnishing of Goods and Special Services.

ARTICLE 7 - PRE-BID MEETING

7.01 A pre-Bid is not anticipated at this time.

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ARTICLE 8 - INTERPRETATIONS AND ADDENDA

8.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Point of Contact in writing. Interpretations or clarifications considered necessary by LBWL in response to such questions will be issued by Addenda, emailed to all parties recorded as having received the Bidding Documents, as well as posted on the LBWL website. Questions received after the cutoff date for submitting questions will not be answered. Only answers in the Addenda will be binding. Oral statements, interpretations, and clarifications may not be relied upon and will not be binding or legally effective.

8.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by LBWL or Engineer. Each Bidder shall acknowledge receipt of each Addendum by filling in the blank space provided on the Bid Form and required attachments.

8.03 Bidder shall not submit Bidder’s standard terms and conditions as a replacement to the

General Conditions nor Agreement. Bidder shall submit its proposal based upon the Bid Documents as attached. Bidder may request clarifications and bid exceptions consistent with the terms of the General Conditions. Exceptions to the General Conditions must be

expressly noted on the Bidder’s proposal. Wholesale rejection of the General Conditions, as well as replacing with Bidder’s standard terms and conditions will not receive consideration and result in a rejection in Bidder’s proposal in its entirety. Further, proposals which are submitted and contingent upon Bidder’s standard terms and

conditions will be rejected.

ARTICLE 9 - CONTRACT PRICE AND TIMES

9.01 The contract price shall be equal to the Bid price, adjusted to any price changes as agreed upon in writing by the Bidder and the LBWL in the Agreement. The contract price may be modified via a change order upon mutual agreement of both parties.

9.02 The Contract Times are the number of days within which, or the dates by which the goods are furnished and/or special service are substantially completed, and completed and ready for final payment, are set forth in the Agreement.

ARTICLE 10 - LIQUIDATED DAMAGES

10.01 Any provisions for liquidated damages, such as those for Seller’s failure to attain a
Milestone, or to deliver the Goods or furnish Special Services within the Contract Times, 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 material and equipment specified or

described in the Bidding Documents without consideration of possible substitute or “orequal” items. All prices that Bidder sets forth in its Bid shall be based on the presumption

that the Seller will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda.

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11.02 Notwithstanding the foregoing, the Bidding Documents may sometimes specify or

describe that an “or-equal” item of material or equipment may be furnished or used if approved by Engineer and LBWL. If Bidder would like to substitute an “or-equal” item,

Bidder must include in its bid to LBWL two (2) proposals, (a) using the material or equipment specified in the Bidding Documents, and (b) an alternate proposal using the