02 Contract 2025-01 Marathon Drive Water Main.pdf

The City of Cadillac

Marathon Drive

Water Main

Improvements

January 13, 2025

City Engineer’s Office 200 Lake Street

Cadillac, MI 49601

(231) 775-0181

[Intentionally left blank]

TABLE OF CONTENTS

Advertisement for Proposals AD-1

Information for Bidders IB 1-8

Proposal P 1-5

Notice of Award NOA-1

Agreement A 1-3

Notice to Proceed NP-1

Bid Bond BB 1-2

Labor & Material Bond LM 1-2

Performance Bond PB 1-2

General Conditions GC 1-17

Supplemental General Conditions SGC 1-3

Insurance INS 1-5

CITY OF CADILLAC SPECIFICATIONS

Section 1 � General Specifications GS 1-16

Section 4 � Specifications for Water Mains 1-27

PROJECT SPECIFIC SPECIFICATIONS

Slope Restoration 1-2

Maintaining Traffic 1-2

Abandon Well 1

NOTICE TO BIDDERS

Progress Schedule NTB 1

DRAWINGS

Prein&Newhof � Marathon Drive Water Main Improvements 1-7

AD-1

ADVERTISEMENT FOR BIDS

PROJECT: Marathon Drive Water Main Improvements

OWNER: City of Cadillac, 200 Lake Street, Cadillac, MI 49601

PUBLIC OPENING: Tuesday, March 11, 2025 at 2:00 p.m. E.S.T.

Council Chambers, Municipal Complex, City of Cadillac

BASIS OF PROPOSAL: Bids are solicited on a unit price basis. Contract will be awarded to the lowest responsible bidder with best schedule to fit project timeline (schedule to be submitted with bid).

DESCRIPTION: The work includes the following approximate quantities of major items: 1,240 Lft Water Main

3,400 Syd Aggregate Surface

PROPOSAL GUARANTEE: Each proposal shall be accompanied by a cashier�s check, certified check, money order, or bid bond, payable to the owner, in an amount not less than five percent (5%) of the amount of the proposal, as a proposal guarantee. Proposal guarantee of the bidders under consideration will be returned after approval of the contract by the owner. All others will be returned within 72 hours after the proposal opening.

CONTRACT SECURITY: The successful bidder will be required to furnish a satisfactory performance bond and labor and material bond, each in the amount of one hundred percent (100%) of the contract.

DOCUMENTS ON FILE: Michigan Intergovernmental Trade Network, www.mitn.info.

DOCUMENT DEPOSIT: Contract documents may be obtained from Project Engineer either via email or mailed copies.

Prein & Newhof, Connie Houk, P.E.

100 East Chapin Street, Suite A, Cadillac, MI 49601 chouk@preinnewhof.com Phone: (231) 342-8480 Payment of $30.00 (thirty dollars) for mailed set of plans and specifications.

There will be no refund of deposit for returned contract documents.

OWNER�S RIGHTS: The owner reserves the right to accept any proposal, to reject any or all proposals, and to waive any irregularities in any proposal in the interest of the owner.

Date OWEN ROBERTS, DIRECTOR OF FINANCE

IB-1

INFORMATION FOR BIDDERS

Bids will be received by CITY OF CADILLAC (herein called the �Owner�), at the OFFICE OF THE CITY CLERK until 2:00 P.M. EST, Tuesday, March 11, 2025 and then at said office publicly opened and read aloud.

Each bid must be submitted in a sealed envelope, and addressed to CITY OF CADILLAC, CITY CLERK at 200 LAKE STREET, CADILLAC, MI 49601. Bids may be dropped off to City Hall by making arrangements with Owen Roberts, 231-779-7333, oroberts@cadillac-mi.net. The city dropbox located in the parking lot of City Hall will be checked for bid packages at 2:00 p.m. immediately prior to the bid opening.

Each sealed opaque envelope containing a bid must be plainly marked on the outside as bid for MARATHON DRIVE WATER MAIN IMPROVEMENTS and the envelope should bear on the outside the name of the bidder, and address. If forwarded by mail, the sealed opaque envelope containing the bid must be enclosed in another envelope addressed to the owner at: CITY OF CADILLAC, 200 LAKE STREET, CADILLAC, MI 49601 ATTN Finance Director

All bids must be made on the required bid form. All blank spaces for bid prices must be filled in, in ink or typewritten, and one copy of bid form must be fully completed and executed when submitted.

The owner may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of the bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered.

No bidder may withdraw a bid within 30 (thirty) days after the actual date of the opening thereof.

Should there be reasons why the contract cannot be awarded within the specified period the time may be extended by mutual agreement between the owner and the bidder.

Bidders must satisfy themselves of the accuracy of the estimated quantities in the bid schedule by examination of the site and a review of the drawings and specifications including addenda. After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done.

The owner shall provide to bidders prior to bidding, all information which is pertinent to, and delineates and describes, the land owned and rights-of-way acquired or to be acquired.

The contract documents contain the provisions required for the construction of the project.

Information obtained from an officer, agent, or employee of the owner or any other person shall not affect the risks or obligations assumed by the contractor or relieve him from fulfilling any of the conditions of the contract.

Each bid must be accompanied by a bid bond payable to the owner for five percent of the total amount of the bid. As soon as the bid prices have been compared, the owner will return the bonds of all except the three lowest responsible bidders. When the agreement is executed the bonds of the two remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the labor and material bond and performance bond have been executed and approved, after which it will be returned. A certified check, money order or cashier�s check may be used in lieu of a bid bond.

IB-2

Attorneys-in-fact who sign bid bonds must file with each bond a certified and effective dated copy of their power of attorney.

The party to whom the contract is awarded will be required to execute the agreement within five (5) calendar days from the date when notice of award is delivered to the bidder. The notice of award shall be accompanied by the necessary agreement and bond forms. In case of failure of the bidder to execute the agreement, the owner may at his option consider the bidder in default in which case the bid bond accompanying the proposal shall become the property of the owner.

The notice to proceed shall be issued within fifteen (15) days of the execution of the agreement by the owner. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the owner and contractor. If the notice to proceed has not been issued within the thirty (30) day period or within the period mutually agreed upon, the contractor may terminate the agreement without further liability on the part of either party.

The owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and bidder shall furnish to the owner all such information and data for this purpose as the owner may request. The owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the owner that such bidder is properly qualified to carry out the obligations of the agreement and to complete the work contemplated therein.

A conditional or qualified bid will not be accepted.

Award will be made to the lowest responsible bidder with best schedule to fit the project timeline.

All applicable laws, ordinances, and rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout.

Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the contract documents. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid.

Further, the bidder agrees to abide by the requirements under Presidential Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the supplemental general conditions.

The low bidder shall supply the names and addresses of major material suppliers and subcontractors when requested to do so by the owner.

The engineer is: CITY OF CADILLAC

200 LAKE STREET, CADILLAC, MI 49601.

Contract questions can be submitted to Owen Roberts, Director of Finance oroberts@cadillac-mi.net 231-779-7333

IB-3

PROPOSALS

Each proposal shall be made on a form prepared by the engineer and included as one of the contract documents, and shall be submitted, in a sealed, opaque envelope, bound together with the other contract document, except the plans, bearing the title of the project and the name of the bidder. The plans shall be returned in a separate package.

Proposals shall be delivered by the time and to the place stipulated in the advertisement for bids. It is the sole responsibility of the bidder to see that his proposal is received in proper time. Any proposal received after the scheduled time and date for opening the proposals shall be returned to the bidder unopened.

Proposals shall be opened and publicly read aloud at the time and place set forth in the advertisement for bids.

Any bidder may withdraw his proposal, either personally or by telegraphic or written request, at any time prior to the scheduled time for opening of proposals.

In case of a difference between the stipulated amounts in the proposal written in words and the stipulated amounts written in figures, the stipulated amounts in written words shall govern.

Proposals shall not contain any recapitulations of the work to be done. Alternate proposals will not be considered unless expressly requested. Oral, telephone, telegraphic or faxed proposals or modifications will not be considered.

EXAMINATION OF DOCUMENTS AND VISIT TO SITE

Before submitting a proposal, bidders shall carefully examine the plans, read the elements of the contract documents, shall visit the site of the work, and shall fully inform themselves as to all existing conditions to be encountered, the nature of the ground, the difficulties and limitations involved in completing the project, and all other factors affecting the work proposed on this project.

It is the intent of the contract documents to provide that the project to be constructed under this proposal shall be complete and ready for use, in every respect. Any minor items not specifically called for in the plans or specifications, but which are clearly necessary, are to be included, at no increase in the contract price.

The proposal shall include a sum to cover the cost of all items of work to be performed such that the project to be constructed under this proposal shall be complete and ready for use in every respect.

The bidder to whom this project is awarded will not be entitled to any additional compensation or extension of time by reason of his failure to fully acquaint himself with the conditions at the site or by his failure to fully examine the contract documents.

SUBCONTRACTS: MATERIAL AND EQUIPMENT QUOTATIONS

The bidder to whom an award is made will not be entitled to additional compensation or extension of time by reason of his failure to fully understand all sub-proposals or quotations.

The bidder is responsible for all coordination between subcontractors and suppliers during the bidding and construction so that a complete project is furnished for the contract price and within the contract time. The completed project includes the furnishing of all equipment, accessories and appurtenances necessary for the proper operation and maintenance of the project.

AWARD OR REJECTION

The contract will be awarded to the lowest and/or best qualified and responsible bidder complying with these instructions and with the advertisement for bids. The owner reserves the right to reject any or all proposals, or to waive any irregularities or technicalities in any proposal, in the best interest of the owner.

INTERPRETATION OF DOCUMENTS

Interpretations of the meaning of the plans, specifications or other elements of the contract documents will not be valid if made orally to any bidder. Oral interpretations, if given, shall be at the bidder�s risk and responsibility.

If any person contemplating submitting a proposal is in doubt as to the true meaning of any part of the contract documents, or finds discrepancies in or omissions from the contract documents, he shall request a written interpretation or corrections thereof, from the engineer.

Every request for such interpretation must be in writing, and to receive consideration, must be delivered to the engineer at least five (5) days prior to the date fixed for the opening of proposals.

Any and all such interpretations, and any other supplemental instructions will be in the form of written addenda to the contract documents, which, if issued, will be mailed by certified mail with return receipt requested, to all prospective bidders who have purchased plans from the City at the addresses furnished by the bidder for such purpose, not later than three (3) days prior to the date fixed for the opening of proposals. Addenda will also be posted not later than three

(3) days prior to the date fixed for the opening of proposals on the Michigan Intergovernmental Trade Network, located at www.mitn.info. It is the bidder�s responsibility to insure that all addenda have been received. Failure of any bidder to receive any such addendum or interpretation shall invalidate the bid.

Neither the owner nor the engineer will be responsible for any other explanations or interpretations of the contract documents.

Any addenda issued during the time of bidding or forming a part of the contract documents, shall be included in the proposal and shall be made a part of the contract documents.

Receipt of each addendum shall be acknowledged in the proposal. Non-receipt of any and all addendum by bidder shall invalidate the bid.

IB-4

TIME

Time is of the essence in the performance of this contract. The work to be done shall be started upon receipt of the notice to proceed and shall be prosecuted expeditiously for completion at the earliest possible date prior to the completion date specified.

PROPOSAL GUARANTEE

Each proposal shall be accompanied by a cashier�s check, certified check, money order, or a bid bond, by a recognized surety company, in an amount of five percent (5%) of the total amount of the proposal, payable to the owner. The proposal guarantee may be forfeited to the owner in case of failure on the part of the successful bidder to enter into the attached form of agreement to do the work covered by the proposal, at the price, and within the time, stated therein.

QUALIFICATIONS OF BIDDERS

It is the intention of the owner to award this contract of the bidder most fully capable, both financially and as regards to experience, to perform and complete all work in a satisfactory manner. Evidence of such competency must be furnished, if requested, including a list of similar projects which the bidder has satisfactorily undertaken and completed.

REQUIREMENT FOR SIGNING PROPOSALS

Proposals which are not signed by the individual making them shall have attached thereto a power of attorney evidencing authority to sign the proposal in the name of the person for whom it is signed.

Proposals which are signed by a partnership shall be signed by all of the partners, or by an attorney-in-fact. If signed by attorney-in-fact, there shall be attached to the proposal a power of attorney evidencing authority to sign the proposal, executed by the partners. The attorney-in-fact must be an authorized agent in the state where the project is located.

Proposals which are signed for a corporation shall have the correct corporate name thereof and the signatures of the President or other authorized officers of the corporation manually written below the corporate name following the word �BY�. If such a proposal is manually signed by an officer other than the President of the corporation, a certified copy of a Resolution of the Board of Directors evidencing the authority of such official to sign the proposal, shall be attached to it. Such a proposal shall also bear the attested signature of the Secretary of the corporation and the impression of the corporate seal.

All bidders shall complete the enclosed form entitled �Legal Status of Bidder�.

No person, firm, or corporation shall be allowed to make, file, or be interested in more than one proposal on the project, unless alternate proposals are called for.

IB-5

IB-6

A person, firm, or corporation who has submitted a sub-proposal to a bidder or has quoted prices on materials and/or equipment to a bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other bidders.

EXECUTION OF AGREEMENT

The bidder to whom an award is made will be required to enter into a written agreement in the form hereto annexed, within five (5) days, after being notified of the acceptance of his proposal and receipt by him of copies of the contract documents to be executed.

In case of failure to comply with this requirement, he shall be considered to have abandoned all rights and interest in the award, his proposal guarantee may be declared forfeited to the owner and the contract may be awarded to another.

INSURANCE AND BONDS

The successful bidder will be required to carry insurance in the amounts and kinds specified in the �Conditions of Insurance�. Such insurance must be with companies and in a form satisfactory to the owner, and certificates of such insurance must be attached to each copy of the executed contract documents.

The successful bidder will be required to furnish for each set of the executed contract documents, and conformed copies thereof, an original conformed performance bond and labor and material bond on the forms attached hereto with a Surety acceptable to the owner, as follows:

1. Performance bond in the amount of one hundred percent (100%) of the contact price to ensure the completion of the entire project according to the contract documents.

2. Labor and material bond in the amount of one hundred percent (100%) of the contract price for the protection of the owner and to secure payments of all labor, materials, and subcontractors, according to the statutes of the state at that time in effect.

PERMITS AND LOCAL CODES

The successful bidder shall obtain, at his expense, all required local construction permits, and shall comply with all local building codes and inspection requirements.

NONDISCRIMINATION

Contracts for work under this proposal will obligate the contractors and subcontractors not to discriminate in employment practices.

Bidders must submit with their initial bid, a signed statement as to whether they have previously performed work subject to the President�s Executive Order No. 11246, as amended.

IB-7

Bidders must, if requested, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the award of the contract.

Successful bidders must, if requested, submit a list of all subcontractors who will perform work on the project and written signed statements from authorized agents of the labor pools with which they will or may deal for employees of the work, together with supporting information to the effect that said labor pools practices and policies are in conformity with Executive Order No.

11246, as amended, and that said labor pools will affirmatively cooperate in or offer no hindrance to the recruitment, employment and equal treatment of employees seeking employment and performing work under the contract, or, a certification as to what efforts have been made to secure such statements when such agents or labor pools have failed or refused to furnish same prior to the award of the contract.

Successful bidders must be prepared to comply in all respects with the labor standards contract provisions, regarding nondiscrimination.

HEALTH AND SAFETY

The successful bidder shall comply with the Health and Safety Regulations, Chapter XVII of Title 29 CFR, Part 1926, as promulgated by the Department of Labor, and/or applicable State and local safety and health regulations. All questions regarding compliance and enforcement, as well as requests for the regulations, should be directed to the Department of Labor, and/or local agencies.

SOIL INFORMATION

Any soil notations shown on the plans are for general information purposes only and are not intended to relieve the contractor of his responsibility of investigating all local conditions affecting the work. Such locations of public utilities as are shown on the plans are taken from sources believed to be reliable and are shown approximate only. The owner will not be responsible for any omissions of or variations from the indicated location of existing utilities which may be encountered in the work.

No plea of ignorance of conditions which exist or which may hereafter exist, or of any difficulties which may be encountered will be accepted as the basis for any failure or omission on the part of the contractor to fulfill all of the requirements of this contract, nor will such failure or omission be accepted as the basis for any claims of any nature for extra compensation or extension of time. The submission of a Bid shall be considered as prima facia evidence of compliance with this section.

IB-8

METHOD OF BID EVALUATION & AWARD OF CONTRACT

It is the intention of the owner to award this contract to the lowest qualified bidder with the best schedule.

The project will be awarded to the bidder with the lowest total contract amount as shown in the proposal, based upon the unit prices and estimated quantities shown in the proposal. In case of a discrepancy between total amounts shown and unit prices, the unit prices shall apply.

SOIL EROSION & SEDIMENTATION CONTROL ACT PERMIT

It shall be a requirement of the contract that the successful low bidder at the time that contract documents, performance and labor and materials bonds, insurance papers, etc., are being assembled, that the contractor shall obtain a Soil Erosion & Sedimentation Control Act permit from the local enforcing agency and furnish proof of the permit with the other contract documents required, if applicable.

P-1

PROPOSAL

CITY OF CADILLAC

TO: City of Cadillac , (hereinafter called Owner).

PROPOSAL OF: ,

(hereinafter called Bidder).

In compliance with the Advertisement for Bids, bidder hereby proposes to perform all work for the construction of:

Marathon Drive Water Main Improvements in strict accordance with the contract documents, within the time set forth therein, and at the prices stated below.

By submission of this bid, each bidder certifies, and in the case of a joint bid, each party thereto certifies as to his own organization, that this bid has been arrived at independently, without consultation, communication or agreement as to any matter relating to this bid with any other bidder or with any competitor, that he or his representative has made personal investigation at the site and has informed himself fully with regard to the conditions to be met in the execution of this contract, and the bidder proposes to furnish all labor, materials, tools, power, transportation, and construction equipment necessary for the construction of:

Marathon Drive Water Main Improvements for the City of Cadillac and performing related work in full accordance with the aforesaid contract documents, including any and all addenda officially issued.

The bidder hereby acknowledges receipt of the following addenda:

ADDENDUM NO. DATE SIGNATURE

Bidder agrees to perform all work described in the contract documents for the following unit prices or lump sum.

Item

No. Description Quantity Unit Unit Price

Total

Amount

Mobilization and Maintaining Traffic, Max.

$25,000

1 LSUM

2 Maintenance Gravel, LM 50 Cyd

3 Post, Mailbox 10 Ea

4 HMA Surface, Rem 40 Syd

5 Slope Restoration 2,000 Syd

6 Aggregate Surface Cse, 6 inch 3,400 Syd

7 Hand Patching 10 Ton

8 Fire Hydrant Assembly 2 Ea

9 Water Main, DI Cl 52, 6 inch, Tr Det G 1,238 Ft

10 Water Main, 22.5 Degree Bend, 6 inch 4 Ea

11 Water Main, Sleeve, 6 inch 2 Ea

Bid Proposal - Unit Prices

Tuesday, March 11, 2025 2:00 p.m.

Bid Date & Time: Project #:

Marathon Drive Water Main Improvements

2240214

Owner:

Project Title:

City of Cadillac

P-2

Item

No. Description Quantity Unit Unit Price

Total

Amount

12 Water Main, Foster Adaptor, 6 inch 2 Ea

13 Water Service, Copper Type K, 3/4 inch 794 Ft

14 Water Service, Corporation Stop, 3/4 inch 19 Ea

15 Water Service, Curb Stop and Box, 3/4 inch 19 Ea

Total Project Bid Amount:

A-1 Water Service, Copper Type K, 3/4 inch (length from curb stop to house) 800 Ft

A-2 House Connection; including meter installation provided by City Utility Dept.

19 Ea

A-3 Abandon Well 19 Ea

Alternate Bid Amount:

Alternate Bid Items are requested to extend water service from street ROW to residents and provide connection in the house, as directed by the City Utility Department. The existing private well will be abandoned following connection to municipal water.

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The bidder does, does not intend to subcontract a portion of the work on this project.

NAME OF SUBCONTRACTOR ITEMS OF WORK TO BE SUBCONTRACTED

NOTE: Bidder must list subcontractors if any work is to be subcontracted. If subcontractors are not listed, the bid will not be accepted.

The bidder agrees that if the foregoing proposal shall be accepted by the Owner, he will, within five (5) days after receiving notice of such acceptance, enter into the attached form of agreement and will complete the project, ready for use, at the prices and within the time stated in this proposal, and that he will furnish the Owner satisfactory certificates of insurance coverage.

The bidder further agrees that if the foregoing proposal shall be accepted, he will commence work within five (5) days after he has received a notice to proceed and complete the entire work on or before , 2025.

The bidder attaches hereto his proposal guarantee, as required by the advertisement and information for bidders, and the bidder agrees that in case he shall fail to fulfill his obligations under the foregoing proposal and/or shall fail to furnish bonds, as specified, the Owner may, at his option, determine that the bidder has abandoned his rights and interests in such contract, and that his proposal guarantee accompanying his proposal has been forfeited to the said Owner, but otherwise the proposal guarantee shall be returned to the bidder upon the execution of the contract and the acceptance of the bonds.

The bidder also agrees that for each and every calendar day that he may be in default of substantial completion of the entire work, ready for use, within the time specified in this proposal, or for good cause shown, the Owner will suffer a damage and shall be compensated therefore at that rate as liquidated damages in accordance with the agreement form.

In submitting this bid, it is understood that the right is reserved by the Owner to accept any bid, to reject any or all bids, and to waive irregularities in bidding in the interest of the Owner.

Dated and signed at , this the day of , 2025.

OFFICIAL ADDRESS

By:

Name of Contractor Print Name of Authorized Signer

Its:

Street Address Title

City, State, Zip Signature

Telephone

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LEGAL STATUS OF BIDDER

This proposal is submitted in the name of:

(PRINT)

The undersigned hereby designates below his business address to which all notices, directions or other communications may be served or mailed:

STREET

CITY

STATE ZIP CODE

The undersigned hereby declares that he has the legal status checked below:

( ) INDIVIDUAL

( ) INDIVIDUAL DOING BUSINESS UNDER AN ASSUMED NAME

( ) CO-PARTNERSHIP

The Assumed Name of the Co-Partnership is registered in the County of , Michigan.

( ) CORPORATION INCORPORATED UNDER THE LAWS OF THE STATE OF

. The Corporation is:

( ) LICENSED TO DO BUSINESS IN MICHIGAN

( ) NOT NOW LICENSED TO DO BUSINESS IN MICHIGAN

The name, titles and home addresses of all persons who are officers or Partners in the organization are as follows:

NAME and TITLE HOME ADDRESS

P-5

NOTICE OF AWARD

To:

Project Description: Marathon Drive Water Main Improvements

The Owner has considered the bid submitted by you for the above-described work in response to its Advertisement for Bids dated ___________, 2025 and Information for Bidders.

You are hereby notified that your bid has been accepted for items in the amount of

You are required by the information for bidders to execute the agreement and furnish the required contractor's performance bond, labor and material bond, and certificates of insurance within five (5) calendar days from the date of this notice to you.

If you fail to execute said agreement and to furnish said bonds within five (5) days from the date of this notice, said owner will be entitled to consider all your rights arising out of the owner's acceptance of your bid as abandoned and as a forfeiture of your bid bond. The owner will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this notice of award to the owner.

Dated this day of , 2025.

City of Cadillac, Owner

By Owen Roberts

Title: Director of Finance

ACCEPTANCE OF NOTICE

Receipt of the above Notice of Award is hereby acknowledged this the day of , 2025.

By

Title

NOA-1

A-1

AGREEMENT

THIS AGREEMENT, made this day of , 2025 by and between City of Cadillac

(name of owner),(an individual) and doing business as an (individual), or

(a partnership), or (a corporation) hereinafter called �Contractor�, WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR will commence and complete the construction of:

Marathon Drive Water Main Improvements

2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor, and other service necessary for the construction and completion of the PROJECT described herein.

3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 5 (five) calendar days after the date of the NOTICE TO PROCEED and will complete the same on or before _____________, 2025 unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS.

4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ or as shown in the BID schedule.

5. The term "CONTRACT DOCUMENTS" means and includes the following:

(A) Advertisement for BIDS

(B) Information for BIDDERS

A-2

(C) BID

(D) BID BOND

(E) AGREEMENT

(F) GENERAL CONDITIONS

(G) SUPPLEMENTAL GENERAL CONDITIONS

(H) LABOR & MATERIAL BOND

(I) PERFORMANCE BOND

(J) NOTICE OF AWARD

(K) NOTICE TO PROCEED

(L) CHANGE ORDER

(M) DRAWINGS prepared by PREIN&NEWHOF numbered 1 through 7 and dated _January 14, 2025 and as revised for construction.

(N) SPECIFICATIONS prepared or issued by CITY OF CADILLAC dated January 14, 2025.

(O) ADDENDA:

No. dated .

6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the GENERAL CONDITIONS such amounts as required by the

CONTRACT DOCUMENTS.

7. This AGREEMENT shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in 4 (four) copies each of which shall be deemed an original on the date first above written.

A-3

OWNER: City of Cadillac

BY

Name Carla Filkins please type)

(SEAL)

ATTEST:

Title Mayor

Name Sandra Wasson (please type)

Title City Clerk

CONTRACTOR:

BY

Name (please type)

Address

(SEAL)

ATTEST:

Name (please type)

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NOTICE TO PROCEED

To: DATE:

You are hereby notified to commence work in accordance with the agreement dated , 2025 on or before , 2025.

The date of completion of all work is ___________________, 2025.

City of Cadillac Owner

By Owen Roberts

Title: Director of Finance

ACCEPTANCE OF NOTICE

Receipt of the above Notice to Proceed is hereby acknowledged by this day of , 2025.

By

Title

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BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as

Surety, are hereby held and firmly bound unto as Owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this day of , 2025.

The condition of the above obligation is such that whereas the Principal has submitted to a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the

NOW, THEREFORE,

(a) If said bid shall be rejected, or

(b) If said bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the owner may accept such bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

(L.S.)

Principal

Surety

By: _

IMPORTANT - Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

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LM-1

LABOR AND MATERIAL BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a , hereinafter called Principal, and

(Name of Surety)

(Address of Surety) hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 2025, a copy of which is hereto attached and made a part hereof for the construction of:

Marathon Drive Water Main Improvements

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed there under or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the

SPECIFICATIONS.

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PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in (Number) counterparts, each one of which shall be deemed an original, this the day of 2025.

ATTEST:

Principal

(Principal Secretary)

(SEAL) By (s)

(Address)

Witness as to Principal

(Address)

(Surety)

ATTEST:

Attorney-in-Fact

Witness as to Surety (Address)

(Address)

NOTE: Date of BOND must not be prior to date of Contract.

If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

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PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a, hereinafter called (Corporation, Partnership, or Individual)

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto

City of Cadillac (Name of Owner)

200 Lake Street, Cadillac, Michigan 49601 (Address of Owner) hereinafter called Owner, in the penal sum of

Dollars, $( ).

in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the _ day of , 2025 a copy of which is hereto attached and made a part hereof for the construction of:

Marathon Drive Water Main Improvements

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer

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by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void;

otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed there under or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

PROVIDED, FURTHER that no final settlement between the Owner and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in counterparts, each (Number) one of which shall be deemed an original, this the ____ day of 2025

ATTEST: Principal By (s)

(Principal Secretary)

(SEAL)

(Witness as to Principal) (Address)

(Address)

ATTEST:

(Surety)

(SEAL)

(Surety) Secretary

By:

Witness as to Surety Attorney-in-Fact

(Address) (Address)

NOTE: Date of bond must not be prior to date of Contract. If contractor is partnership, all partners should execute bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

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GENERAL CONDITIONS

1. Definitions 16. Correction of Work

2. Additional Instructions and Detail 17. Subsurface Conditions

Drawings 18. Suspension of Work,

3. Schedules, Reports and Records Termination and Delay

4. Drawings and Specifications 19. Payments to Contractor

5. Shop Drawings 20. Acceptance of Final

6. Materials, Services and Facilities Payment as Release

7. Inspection and Testing 21. Insurance (non-applicable)

8. Substitutions 22. Contract Security

9. Patents 23. Assignments

10. Surveys, Permits, Regulations 24. Indemnification

11. Protection of Work, Property, 25. Separate Contracts

Persons 26. Subcontracting

12. Supervision by Contractor 27. Engineer's Authority

13. Changes in the Work 28. Land and Rights-of-Way

14. Changes in Contract Price 29. Guarantee

15. Time for Completion and 30. Arbitration

Liquidated Damages 31. Taxes

1. DEFINITIONS

1.1 Wherever used in the contract documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof:

1.2 ADDENDA - Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the contract documents. Drawings and specifications, by additions, deletions, clarifications or corrections.

1.3 BID - The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed.

1.4 BIDDER - Any person, firm or corporation submitting a bid for the work.

1.5 BONDS - Bid, Performance, and Labor & Material Bonds and other instruments of security, furnished by the contractor and his surety in accordance with the contract documents.

1.6 CHANGE ORDER - A written order to the contractor authorizing an addition, deletion or revision in the work within the general scope of the contract documents, or authorizing an adjustment in the contract price or contract time.

1.7 CONTRACT DOCUMENTS - The contract, including advertisement for bids, information for bidders, bid, bid bond, agreement, labor and material bond, performance bond, notice of award, notice to proceed, change order, drawings, specifications, and addenda.

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1.8 CONTRACT PRICE - The total monies payable to the contractor under the terms and conditions of the contract documents.

1.9 CONTRACT TIME - The number of calendar days stated in the contract documents for the completion of the work.

1.10 CONTRACTOR - The person, firm or corporation with whom the owner has executed the agreement.

1.11 DRAWINGS - The part of the contract documents which show the characteristics and scope of the work to be performed and which have been prepared or approved by the engineer.

1.12 ENGINEER - The person, firm or corporation named as such in the contract documents.

1.13 FIELD ORDER - A written order effecting a change in the work not involving an adjustment in the contract price or an extension of the contract time, issued by the engineer to the contractor during construction.

1.14 NOTICE OF AWARD - The written notice of the acceptance of the bid from the owner to the successful bidder.

1.15 NOTICE TO PROCEED - Written communication issued by the owner to the contractor authorizing him to proceed with the work and establishing the date of commencement of the work.

1.16 OWNER - A public or quasi-public body or authority, corporation, association, partnership, or individual for whom the work is to be performed.

1.17 PROJECT - The undertaking to be performed as provided in the contract documents.

1.18 RESIDENT PROJECT REPRESENTATIVE - The authorized representative of the owner who is assigned to the project site or any part thereof.

1.19 SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the contractor, a sub-contractor, manufacturer, supplier or distributor, which illustrate how specific portions of the work shall be fabricated or installed.

1.20 SPECIFICATIONS - A part of the contract documents consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship.

1.21 SUBCONTRACTOR - An individual, firm or corporation having a direct contract with the contractor or with any other subcontractor for the performance of a part of the work at the site.

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1.22 SUBSTANTIAL COMPLETION - That date as certified by the engineer when the documents, so that the project or specified part thereof is sufficiently completed, in accordance with the contract documents, so that the project or specified part can be utilized for the purposes for which it is intended.

1.23 SUPPLEMENTAL GENERAL CONDITIONS - Modifications to General Conditions required by a Federal agency for participation in the project and approved by the agency in writing prior to inclusion in the contract documents, or such requirements that may be imposed by applicable state laws.

1.24 SUPPLIER - Any person or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site.

1.25 WORK - All labor necessary to produce the construction required by the contract documents, and all materials and equipment incorporated or to be incorporated.

1.26 WRITTEN NOTICE - Any notice to any party of the agreement relative to any part of this agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party or his authorized representative on the work.

2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS

2.1 The contractor may be furnished additional instructions and detail drawings, by the contract documents.

2.2 The additional drawings and instruction thus supplied will become a part of additional detail drawings and instructions.

3. SCHEDULES, REPORTS AND RECORDS

3.1 The contractor shall submit to the owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data where applicable as are required by the contract documents for the work to be performed.

3.2 Prior to the first partial payment estimate the contractor shall submit construction progress schedules showing the order in which he proposed to carry on the work, including dates at which he will start the various parts of the work, estimated date of completion of each part and, as applicable.

3.2.1. The dates at which special detail drawings will be required; and

3.2.2. Respective dates for submission of shop drawings, the beginning of manufacture, the testing and the installation of materials, supplies and equipment.

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3.3 The contractor shall also submit a schedule of payments that he anticipates he will earn during the course of the work.

4. DRAWINGS AND SPECIFICATIONS

4.1 The intent of the drawings and specifications is that the contractor shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the work in accordance with the contract documents and all incidental work necessary to complete the project in an acceptable manner, ready for use, occupancy or operation by the owner.

4.2 In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over scale dimensions, and detailed drawings shall govern over general drawings.

4.3 Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the contractor's risk.

5. SHOP DRAWINGS

5.1 The contractor shall provide shop drawings as may be necessary for the prosecution of the work as required by the contract documents. The engineer shall promptly view all shop drawings. The engineer's approval of any shop drawing shall not release the contractor from responsibility for deviations from the contract documents. The approval of any shop drawing which substantially deviates from the requirement of the contract documents shall be evidenced by a change order.

5.2 When submitted for the engineer's review, shop drawings shall bear the contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the contract documents.

5.3 Portions of the work requiring a shop drawing or sample submission shall not begin until the shop drawing or submission has been approved. Shop drawings and each approved sample shall be kept in good order available to the engineer.

6. MATERIALS, SERVICES AND FACILITIES

6.1 It is understood that, except as otherwise specifically stated in the contract documents, the contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the work within the specified time.

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6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection.

6.3 Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

6.4 Materials, supplies and equipment shall be in accordance with samples submitted by the contractor and approved by the engineer.

6.5 Materials, supplies or equipment to be incorporated into the work shall not be purchased by the contractor or the sub-contractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller.

7. INSPECTION AND TESTING

7.1 All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and…