2025 Pole Barn.pdf

CITY OF BURTON, MICHIGAN

DPW POLE BARN CONSTRUCTION

DUANE HASKINS, MAYOR

Construction of Pole Barn at the Department of Public Works

SPECIFICATIONS AND CONTRACT DOCUMENTS

Prepared By:

CITY OF BURTON

DEPARTMENT OF PUBLIC WORKS

4093 MANOR DRIVE

BURTON, MI 48519

PHONE (810) 742-9230

INDEX

TITLE PAGE NO.

ADVERTISEMENT ..........................................................................……… AD-1 - AD-2

INSTRUCTIONS TO BIDDERS .................................................................. IB-1 – IB-8

BID BOND .................................................................................................... BB-1 – BB-2

PROPOSAL ................................................................................................... P-1 – P-4

SUPPLAMENTAL SPECS………………………………………………… SS-1

LEGAL STATUS OF BIDDER .................................................................... LSB-1

CONTRACT .................................................................................................. C-1 – C-2

PERFORMANCE BOND .............................................................................. PB-1

PAYMENT BOND ........................................................................................ PAB-1 – PAB-2

INSURANCE ................................................................................................. INS-1 – INS-4

NOTICE OF AWARD……………………………………………………. .. NA-1

SKETCH…………………………………………………………………… S1 – S22

ADVERTISEMENT

2025 DPW POLE BARN CONSTRUCTION

RECEIPT OF PROPOSALS

Sealed bids for the Pole Barn project are invited and will be received by the City of Burton, a

Michigan Governmental Corporation (hereinafter referred to as the Owner), at the Burton City

Hall, 4303 S. Center Rd., Burton, Michigan, not later than 10 a.m. local time on April 17, 2025.

Immediately thereafter all bids received will be publicly opened and total prices read aloud in the

Council Chambers. A copy of all Specifications and Contract Documents are on file for inspection at City of Burton Purchasing Department, 4303 S. Center Road, Burton, MI, alternatively available via electronic option can be requested by sending an email to j.grifith@burtonmi.gov Any bid received after the time and date specified will not be considered.

GENERAL DESCRIPTION OF WORK

Bids are solicited under a general contract for the following approximate quantities of work:

1. 1 Post Beam Steel Pole Barn 40’W x 174’L x 20’ H

2. 1 Concrete Slab 6” 3500psi

3. 1 4/12 Pitch Truss Roof

4. 12 12’ x 14’ Overhead Doors with Automatic Openers

5. 2 36” Steel Service Doors

6. 1 Pier Footings 24” W x 12” Deep

7. 1 Insulation Package for Walls and Ceiling

Work also includes associated items such as Electrical Work and other associated work.

OBTAINING CONTRACT DOCUMENTS

Persons desiring to bid this work may obtain Contract Documents, Specifications and Proposal

Form upon request at:

City of Burton

Department of Public Works

4093 Manor Dr.

Burton, MI 48519

Or J.Griffith@burtonmi.gov

General questions may be addressed by emailing questions to Leandra Swayne at

L.Swayne@burtonmi.gov or call 810-742-9230.

AD-1

mailto:j.grifith@burtonmi.gov mailto:J.Griffith@burtonmi.gov mailto:L.Swayne@burtonmi.gov

PROPOSAL GUARANTEE

Each proposal submitted to the Owner shall be accompanied by a Proposal Guarantee in the form of a certified check, cashier’s check, money order or bid bond in an amount not less than 5% of the total base bid. Proposals submitted without a proposal guarantee will not be read at the bid opening. If a bidder is given a Notice of Award and fails to execute the contract within fifteen

(15) calendar days after the Notice, they shall forfeit all claims to the contract, and the Proposal

Guarantee shall be forfeited.

SUBMITTING PROPOSAL

A bid on this project shall only be submitted on the proposal form furnished with the Contract

Documents. All proposals shall comply with the conditions listed in the Contract Documents.

ACCEPTANCE OF PROPOSAL

The right is reserved by the Owner to waive any informality in bids, to reject any or all bids, or accept any bid or combination of bids, which is considered most favorable to the Owner. The

Owner may also adjust any work item quantities without adjustment of the bid unit price

WITHDRAWAL OF PROPOSAL:

No bid shall be withdrawn after the opening of proposals without the consent of the Owner for a period of ten (10) days after the bid closing. The bids of the two lowest Bidders shall not be withdrawn after the opening of proposals without the consent of the Owner for a period of sixty

(60) days after the bid closing.

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INSTRUCTIONS TO BIDDERS

2015 STANDARD SPECIFICATIONS FOR MICHIGAN BUILDING CONSTRUCTION.

All construction shall meet the requirements of the “Michigan Building Codes, 2015 Standard Specifications for Building Construction.

INCIDENTAL ITEMS OF CONSTRUCTION

It is intended that all work necessary to complete this project shall be included in the items listed in the proposal. Any other work not specifically listed in the proposal, but necessary to complete the project as required by the specifications shall be considered as incidental to the project, whether or not said work is specifically mentioned in the specifications. No additional compensation will be due the Contractor for any work not listed on the proposal, unless otherwise approved by the

Owner.

PREPARATION OF PROPOSAL

A bid on this project shall be made only on the proposal form furnished by the project specifications and included in this document. A proposal may be rejected if it does not contain a price for every item named in the proposal.

Bidders are warned against making any erasures or alterations of the proposal. Any proposal, which contains omissions, erasures, conditions, alterations, or additions not called for, may be rejected at the discretion of the Owner. The person signing the proposal must initial each erasure or change.

Proposals shall not be removed from the bound document. Each proposal shall be submitted in a sealed envelope clearly identifying the project and the name and address of the bidder.

SIGNING OF PROPOSALS

If the Bidder is a corporation, the legal name of the corporation shall be set forth together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If the

Bidder is a partnership, the true name of the firm shall be set forth together with the signatures of all the partners. If the Bidder is an individual, his signature shall be inscribed. If the signature is by an agent other than an officer of a corporation or a member of a partnership, a power of attorney shall be on file with the Owner prior to opening bids; otherwise, the bid may be disregarded as irregular and unauthorized. If the Bidder is a corporation, then it shall attach a resolution of its board showing the authority of the person authorized to sign the contract.

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DELIVERY OF PROPOSALS

All proposals shall be delivered by the time and to the place stipulated in the advertisement. It is the sole responsibility of the Bidder to see that his proposal is received by the Owner prior to the scheduled time for opening proposals. Any proposal received after the said time for opening proposals shall be returned to the Bidder unopened.

All proposals shall be delivered to the Owner in sealed envelopes. The outside of the envelope containing the bid shall bear the name of the Bidder, his address, his license number if applicable, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to the Owner. If being hand-delivered, contact City Hall at (810) 743-1500 Ext. 1801 prior to delivery to ensure it is open.

Submit bids to the following address:

Burton City Hall

Attn: Clerk’s Office

4303 S. Center Road

Burton, MI 48519

CONSIDERATION OF PROPOSALS

The proposals received will be compared on the total base bid. In case of discrepancy between the total base bid shown in the proposal and that obtained by adding the products of the quantities of items and the unit prices, the unit prices as contained in the proposal shall govern, and any errors found in said products and in the addition of said products will be corrected.

REJECTION OF PROPOSALS

Proposals may be rejected if the Bidder fails to fill in any unit prices or if the unit prices are prepared in pencil. The Owner reserves the right to reject a proposal that does not comply with all the requirements of this document or any other documents; however, he may waive any minor defects or informalities at his discretion. Bidders who submit qualifying letters with their proposals may be disqualified at the Owners discretion. The Owner further reserves the right to reject any or all proposals. Collusion between Bidders shall be sufficient cause for the rejection of all proposals affected thereby.

WITHDRAWAL OF PROPOSALS

Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified will not be considered.

No bid shall be withdrawn after the opening of proposals without the consent of the Owner for a period of ten (10) days after the bid closing. The bids of the two lowest Bidders shall not be withdrawn after the opening of proposals without the consent of the Owner for a period of ninety

(90) days after the bid closing. Should there be reasons why the contract cannot be awarded within this specified period, the bid hold period may be extended by mutual agreement between the Owner and Bidder.

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BASIS OF BIDS

Bids are solicited on the basis of unit prices for work complete, as provided for and described in the bid proposal form. The preliminary specifications indicated, although given with as much accuracy as is practicable, are to be regarded as approximate only, and are for the general guidance of the

Bidders as a basis upon which the different bids may be compared. Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the contract documents.

The failure of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any obligation with respect to his bid. Bidders must satisfy themselves of the accuracy of the estimated specifications in the bid schedule by examination of the site and 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 specifications of work or of the nature of the work to be done. 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 risk or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the contract.

INCREASE OR DECREASE IN QUANTITIES

The Owner reserves the right to make changes to the specifications without affecting the unit price of the item of work.

INTERPRETATION OF CONTRACT DOCUMENTS

Each Bidder shall carefully examine the proposal forms, and project specifications and shall visit and inspect the site of the proposed work and take such other steps as may be reasonably necessary in order to ascertain the nature and location of the proposed work, the general and local conditions which may affect the work or the cost thereof, and all other relevant matters concerning the work to be performed. Before submitting a proposal, each Bidder shall personally make his own determination as to the soil conditions and sub-soil conditions in the area of the proposed work.

Each Bidder shall be held to have determined to his own satisfaction the conditions he will encounter in the construction of the work, including sub-soil conditions, and he shall be prepared to complete the work in whatever material and under whatever conditions he may encounter or create without extra cost to the Owner.

Prospective Bidders shall be responsible for verifying the accuracy of all measurements, methods of fabricating and constructing, and all other details which have been, specified in the contract specifications and on the contract drawings.

Failure of the Bidder to make these examinations will not relieve him of the responsibility of properly estimating the cost of or the difficulty of successfully performing the proposed work, and no claims for additional compensation will be allowed or entertained by reason of said failure on the part of the Bidder.

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The submission of a bid constitutes an affirmative representative by the Bidder that he has complied with every requirement of the “Instructions to Bidders”, that he has carefully examined the site, the soils, all addenda and the contract documents and construction drawings, and that he has independently formed a judgment that the contract documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work.

PERMITS

The Contractor shall secure and pay for all permits and licenses required for the project.

LAWS AND REGULATIONS

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

TIME OF COMPLETION

The successful Bidder will be required to complete all work within the schedule specified in the proposal.

BIDDER’S QUALIFICATIONS

Contractors not currently pre-qualified with the Michigan Department of Building Codes shall submit qualification letters to the City of Burton prior to submitting their bids. Upon review of these qualification letters, Bidders may be disqualified at the City’s discretion. No proposal will be considered from any Bidder unless known to be skilled and regularly engaged in work of a character similar to that covered by these plans and specifications. In order to aide the Owner in determining the responsibility of any Bidder, the Bidder shall include within his letter of qualifications, evidence satisfactory to the Owner of the Bidders experience and familiarity with the work of the Character specified herein. The evidence requested shall, without being limited thereto, include the following:

1. The Bidder’s performance record with a list of work of similar character and proportions which he has constructed, including the name, address, and telephone number of the

Owner, date built and construction cost.

2. A tabulation of work of similar type now under contract, including location, description, size, required date of completion, and current percentage of completion of each job.

3. An itemized list of Bidder’s equipment available for use on the proposed project.

4. A list of major parts of the work, which are proposed to be sublet.

5. Such other information as will satisfy the Owner that the Bidder is qualified and capable of fulfilling the contract.

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DISQUALIFICATION OF BIDDERS

A previous failure on the part of any Bidder to perform a contract satisfactorily for lack of experience, equipment, or necessary capital will be sufficient cause for disqualification. Should it be discovered that a perspective Bidder has intentionally misled or deceived the Owner by falsifying or withholding information on previous job performances in order to gain acceptance, he shall be disqualified from bidding on this project or any future projects.

AWARD OF CONTRACT

The Owner proposes to award a contract for this improvement to the lowest responsive responsible

Bidder within a period of ninety (90) days after the opening of bids. The bid security received of all

Bidders except the bid security submitted with the two lowest acceptable proposals will be returned within ten (10) days following the bid opening. The bid security of the two lowest acceptable proposals will be returned after the Owner has made an award to the successful low Bidder, and the required bonds, insurances, and agreement have been executed by the low Bidder and returned to the Owner.

The successful Bidder shall within fifteen (15) consecutive calendar days after receiving notice of the acceptance of his proposal by the Owner, enter into contract, in the appropriate form, to furnish all labor, materials, tools, and construction equipment necessary for the full and complete execution of the work at and for the prices contained in his proposal, and he shall furnish to the Owner, such surety for the faithful performance of such contract and for payment of all materials used in the work and for all labor expended thereon and for the maintenance and guarantee of his work, and shall provide the Owner with such insurance certificates and policies as are prescribed in the

Insurance Section of the Specifications.

LENGTH OF CONTRACT

No work shall begin before May 1, 2025. All contract work must be completed in its entirety by

September 30, 2025. Failure to complete all contract work by September 30, 2025, will result in the Contractor being assed liquidated damages.

The successful Bidder will be required to submit a construction schedule to the Owner indicating the dates of completion of the various items of work. This schedule, when approved by the Owner, will become a part of the contract documents.

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EQUAL EMPLOYMENT OPPORTUNITY

The successful bidder or supplier must have an approved Equal Employment Opportunity Plan

(EEOP) file with the City of Burton before a contract or purchase order can be executed. The

EEOP must be prepared on forms available from the City of Burton Personnel Office. EEOP, when approved, are valid for three (3) years. The EEOP must contain and conform to the following elements.

PROGRESS CLAUSE

In no case shall any work be commenced prior of formal notice of award by the City of Burton.

The Contractor shall prepare and submit a complete, detailed and signed Progress Schedule to the

City of Burton.

The Progress Schedule shall include, at a minimum, the controlling items for the completion of the project, as well as the planned dates or workdays that these work items will be controlling operations. Al contract dates including project completion, interim completion and any other controlling dates in the contract, must be include in the Progress Schedule.

If the bidding Proposal specifies controlling dates, these shall also be included in the Progress

Schedule.

The contractor is required to coordinate work with the following criteria:

1. No work shall begin before May 1, 2025.

2. All work shall be completed on or before September 30, 2025.

After award and prior to the start of work, the Contractor must attend a preconstruction meeting with the Owner. The Owner will determine the day, time and place for the preconstruction meeting. The meeting will be conducted after project award and may be rescheduled if there are any delays in the award of the project. The named subcontractor(s) for Designated and/or

Specialty items, as shown in the proposal, should attend the preconstruction meeting if such items materially affect the work schedule.

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GENESEE COUNTY, MICHIGAN

RESOLUTION

At a regular Council Meeting of the Burton City Council held on the 7th day of July, A.D., 1980, IT WAS RESOLVED by City Council of the City of Burton that:

1. Every construction contract executed by the City of Burton or by the contracting agent must contain express terms as follows:

a. That the rates of wages and fringe benefits to be paid to each class of construction mechanics by the contractors and all of his subcontractors, on the project which is the subject of the contract, shall not be less than the wages and fringe benefits currently prevailing within the City of

Burton.

b. That the contractor and all of his subcontractors shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment because of race, color, religion, national origin, ancestry, sex or age.

c. Residency: Any contractor or employer of construction employees on projects covered by this resolution shall, when available, employ a majority of employees residing within the geographical areas of Genesee, Lapeer, or Shiawassee Counties, State of Michigan.

2. Each contracting agent, before awarding any contract, shall determine the schedule of prevailing wages and fringe benefits for all classes of construction mechanics called for in the contract. Such wages and fringe benefits shall be those prevailing in the City of Burton, on projects of a character similar to that being contracted under collective agreements or understandings between bona fide organizations of construction mechanics and their employers. Such agreements and understandings, to meet the requirements of this section, shall not be controlled in any way by either an employee or employer organization. Such schedule of prevailing rates of wages and fringe benefits shall be made a part of the specifications for the work to be performed.

3. Every contractor shall keep posted on the construction site, in a conspicuous place, a copy of all prevailing wage and fringe benefit rates prescribed in the contract and shall keep an accurate record showing the name and occupation of, and actual wages and benefits paid to, each construction mechanic employed by him in connection with said contract, and provide such records when requested by an interested party or person.

4. If the contractor or subcontractor is in default in the performance of the covenants set forth in paragraph 1 above, the contracting agent shall proceed to enforce said covenants, and upon the failure of the contractor or subcontractor to abide by said covenants, the contracting agent shall proceed with its remedies as provided for by State and Federal law.

5. If any interested party or person may challenge the performance of the contractor or subcontractor of the covenants of paragraph 1 above by filing a written complaint with the contracting agent, the contracting agent shall then investigate, which may include a public hearing, to determine whether it will proceed as provided in paragraph 4 above.

6. As use herein,

a. “Contracting Agent” means an officer, board, commission or organization which received directly or indirectly monies or properties from or on behalf of the City of Burton, including without limitation, a lessee or sub-lessee of land owned by the City of Burton.

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b. “Contract” means any agreement, as a result of competitive bids or otherwise, for a new construction, alteration, repair, installation, painting, decorating, completion, demolition, conditioning, reconditioning or improvement of public buildings, works, bridges, highways or roads, which is to be performed in the City of Burton and either on City of Burton property or financed by or through the City of Burton.

c. “Construction Mechanic” means any skilled or unskilled mechanic, laborer, worker, helper, assistant, apprentice or driver, but shall not include executive, administrative, professional, office or custodial employees, and shall not include City of Burton employees who are working pursuant to a collective bargaining agreement between said City and a bona fide labor organization.

7. Contracts which contain provisions requiring the payment of prevailing wages as determined by the United States Secretary of Labor pursuant to the Federal Davis-Bacon Act (United States

Code, Title 40, Section 276A, et seq.) or which contain provisions requiring the payment of prevailing wages as determined et seq., or which contain minimum wage schedules which are the same as prevailing wages in the locality as determined by collective bargaining agreements or understandings between bona fide organizations of construction mechanics and their employers, are exempt from the provisions of this resolution.

8. Any lease of property owned by the City of Burton shall include a provision that new construction, alteration, repair, installation, painting, decorating, completion, demolition, conditioning, reconditioning or improvement of buildings, works, bridges, highways or roads on such property shall be considered work on public buildings, works, bridges, highways or roads within the meaning of provisions 6(b) of this resolution and that the lessee or any sub-lessee will be bound by the provisions of this resolution.

9. It is the intent of this City Council that every contracting agent shall adopt the preceding paragraphs of this resolution.

10. The City of Burton Controller and the City of Burton DPW Director are hereby directed to effectuate this resolution on behalf of this Council within their respective spheres of responsibility.

11. The City Clerk is hereby directed to forward to each City Council member, elected official, agency and department a copy of this resolution and a notation of the adoption of it.

12. If any portion of the resolution is declared illegal, the remainder, so far as practicable, shall remain in full force and effect.

CERTIFICATION

The above resolution was duly adopted by the City Council of the City of Burton at a regular meeting of the City Council, held at City Hall, in the City of Burton at seven o’clock P.M. on July 7, A.D., 1980, in conformance with Act 267 of Public Acts of Michigan 1976 by the following vote:

Ayes: 7

Nays: 0

Dated July 8, 1980 Darene Woodbury

Burton City Clerk

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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 the City of Burton as owner in the penal sum of five (5) percent of the total bid for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, 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:

2022 DPW POLE BARN CONSTRUCTION

NOW THEREFORE:

A. If said bid shall be rejected, or in the alternative, 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 this 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.

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The Surety, for value received, hereby stipulates and agrees that the obligation 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: ________________________________*

SEAL ____________________________________

(Address of Bond Agent)

*Attach Power of Attorney

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P R O P O S A L S E C T I O N

PROPOSAL

2025 DPW PLOE BARN CONSTRUCTION

This is the PROPOSAL of ___ __________, hereinafter called the Bidder, to the City of Burton, a Michigan Governmental Corporation, hereinafter called the Owner.

The Bidder, having familiarized himself with the local conditions affecting the work, and having examined the contract documents including the Advertisement, Instruction to Bidders, Proposal, Agreement, Bonds, Insurances, Specifications and Addenda, hereby proposes to furnish all labor, materials, tools, equipment, utilities and transportation services, and to perform and fully complete all the work listed on the proposal form and/or described in the contract documents and specifications designated as:

CITY OF BURTON, MICHIGAN

SCHEDULE

The successful Bidder will be required to complete all work within the schedule specified below.

No work shall begin before May 1, 2025. All contract work must be completed in its entirety by

September 30, 2025, failure to complete all contract work by September 30, 2025, will result in the Contractor being assed liquidated damages in accordance with Standard Specifications for

Construction.

The successful Bidder will be required to submit a construction schedule to the Owner indicating the dates of completion of the various items of work. This schedule, when approved by the Owner, will become a part of the contract documents.

* See attached documentation of basis of proposal.

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BASE PROPOSAL

Ite m#

Item Quantity Unit Price Total Price

1 40’ W x 174’ L x 20’ H Pole Barn 1 $ $

2 6” Concrete Slab 3500psi 1 $ $

3 Overhead Doors 12’ X 14’ 12 $ $

4 Automatic Door Openers 12 $ $

5 Service Doors 36” 2 $ $

6 Pier Footings 24” W x 12” Deep 428ft $ $

7 4/12 Pitch Truss Roof 1 $ $

8 Insulation Pkg. for Walls & Ceiling 1 $ $

9 $ $

10 $ $

11 $ $

12 $ $

13 $ $

14 $ $

15 $ $

TOTAL

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The undersigned hereby agrees that if the foregoing proposal shall be accepted by the Owner, he will, within fifteen (15) consecutive calendar days after receiving notice of the acceptance of such proposal, enter into contract, in the appropriate form, to furnish all labor, materials, tools, and construction equipment necessary for the full and complete execution of the work at and for the prices named in this proposal, and he will furnish to the Owner all required insurance certificates and policies, and furnish such surety as shall be approved by the Owner for the faithful performance of such contract and for the payment of all materials used in this work and for all labor expended thereon and for the maintenance and guarantee of his work as shall be approved by the Owner.

The attention of the undersigned is directed to the liquidated damages provision of the contract documents. The undersigned hereby agrees that if this proposal be accepted by the Owner, he will complete the entire work of the contract within the specified number of consecutive calendar days after being notified to proceed, and if the work is not completed in the designated time, the liquidated damages specified shall be deducted from any money due the Contractor.

Project shall be to complete all work within the schedule specified in this proposal.

The successful Bidder The undersigned has attached hereto a (Bid Bond) (Certified Check) in the sum of

($___________________) as required in the “Advertisement” and the undersigned agrees that in case he shall fail to fulfill his obligations under the foregoing proposal and agreement, the Owner may, at its option, determine that the undersigned has abandoned his rights and interest in such proposal, and that the certified check or bid bond accompanying his proposal has be forfeited to the said Owner, but otherwise, the said certified check or bid bond shall be returned to the undersigned upon the execution of such contract and the acceptance of his bonds and insurances or upon the rejection of his proposal.

The undersigned affirms that in making such proposal neither he nor any company that he may represent, nor anyone on behalf of himself or his company, has directly or indirectly entered into any collusion, undertaking, or agreement with any bidder to maintain the prices of said work, and further affirms that such proposal is made without regard or reference to any other bidder or proposal and without any agreement or understanding or combination, either directly or indirectly, with any other person or persons with reference to such bidding.

In submitting this bid it is understood that the right is reserved by the Owner to waive any informality in bids, to reject any or all bids, or accept any bid or combination of bids, which is considered most favorable to the Owner.

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The Owner reserves the right to decide which divisions will be constructed under this contract.

Once the bids are received, the scope of the work will be decided.

Bidder acknowledges receipt of the following addenda(s):

Dated and signed at __________________, State of ___________________, this _______ day of

__________________, 2025.

Name of Bidder ___________________________________

By: _____________________________________________

Address: __________________________________________

Telephone: ________________________________________

Email Address: _____________________________________

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SCOPE OF WORK

Construct 40’ W x 174’ L x 20’ H Pole Barn

The scope of work consists of constructing a Pole Barn consisting of 40’W x 174’ L x 20’H with a 4/12 pitch truss roof, (12) 12’ x 14’ overhead Garage doors, (12)

Automatic Openers, (2) 36” Service Doors Post Style Frame consisting of (Richland

Columns) 4 ply 4.5 x 5.5 Corner Post and Intermediate Post

Work shall progress as follows:

Building to be constructed on the Northwest corner of the DPW Grounds located at

4093 Manor Drive, Burton Michigan ,48519

Building will run North from the existing Barn with the front facing to the East

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LEGAL STATUS OF BIDDER

A corporation duly organized and doing business under the laws of the State of

____________________, for whom ____________________________________, bearing the official title of ____________________________ whose signature is affixed to this Proposal, is duly authorized to execute contracts.

A partnership, all of the members which, with addresses, are:

An individual, whose signature is affixed to this Proposal.

(The BIDDER shall fill out the appropriate form and strike out the other two)

LSB-1

A G R E E M E N T S E C T I O N

CONTRACT

GENESEE COUNTY, MICHIGAN

THIS AGREEMENT MADE this _____ day of _______, 2025, by and between the City of

Burton, a Michigan Governmental Corporation, herein called the “Owner”, and

_____________________________________________ doing business as _________________

(a Corporation) (Partnership) (Individual) and County of _______________and State of

Michigan___ hereinafter called the “Contractor”.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made by the Owner, the Contractor hereby agrees with the Owner to commence and complete the construction designated as:

All as shown on the contract documents hereinafter called the project, for the sum of

Dollars ( $ ) and all extra work in connection herewith, under the terms as stated in these contract documents; and at his own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendents, labor, bonds, insurances, and all other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the proposal, all in conformance with the contract documents, plans and specifications. All elements of the plans and specifications are hereby made a part of and collectively evidence and constitute the contract.

The Contractor hereby agrees to commence work under this contract on or before a date to be specified in the proposal section by the Owner, and to fully complete the project within said proposal. If a Contractor is awarded more than one contract, the completion time will be as determined under “Instruction to Bidders” with this total contract time applying to all contracts even though separate contracts have been awarded for each project. The Contractor further agrees to pay liquidated damages in accordance with the schedule set forth in the specifications for each consecutive calendar day thereafter for which a project is not completed.

The Owner agrees to pay the Contractor in current funds for the performance of the contract subject to the actual units of work completed by the Contractor.

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IN WITNESS WHEREOF: The parties to these presents have executed this contract in all counterparts, each of which shall be deemed an original, in the year and day first above mentioned.

WITNESS: CITY OF BURTON

Duane Haskins, Mayor

Rachel Boggs, City Clerk

CONTRACTOR

Company Name

Secretary of Corporation Name & Title

Signature

Address

City, State, Zip Code

Note: If Contractor is a Corporation, secretary should attest. Submit authorization by Board for signer. SEAL

Approved as to form: _____________________________________________________

Amanda Odette, Attorney at Law

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PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that

___________________________, Contractor, as principal, and

______________________ as Surety, are held and firmly bound unto ___The City of Burton______ in the sum of ________________________________________

Dollars ($_____________) to be paid to the Owner for which payment well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, administrators and assigned firmly by these presents.

THE CONDITIONS OF THE ABOVE OBLIGATIONS ARE SUCH THAT,

WHEREAS, the said ________________________, did, on the _______ day of

_______________, 2025, by articles that date enter into contract with the said

Owner for the

NOW THEREFORE, if the said Contractor shall save and hold harmless the said

Owner from all public liability and damages of every description in connection therewith, shall well and faithfully in all things fulfill the said contract according to all the conditions and stipulations therein contained in all respects, and shall save and hold harmless the said Owner from and against all liens and claims of every description in connection therewith, then this obligation shall be void and of no effect; but otherwise it shall remain in full force and virtue and in the event that said

Owner shall extend the time for the completion of said work or otherwise modify elements of the contract in accordance with provisions thereof, such extension of time or modification of the contract shall not in any way release the sureties of this bond.

WITNESS our hands and seals this _______ day of ________________, 2025.

WITNESS

_____________________________ _________________________________(seal)

Principal

Surety

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PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that __________________________

A ________________________________________________________________

(Corporation, Partnership or Individual) herinafter called the “Principal”, and _____________________________________

(Surety) of ____________________, State of ___________________, hereinafter called the

“Surety”, are held and firmly bound unto the City of Burton, (a Michigan

Governmental Corporation), 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, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

Sealed with our seals and dated this _____ day of _______________, A.D., 2025.

WHEREAS, the above-named Principal has entered into a certain contract with the

Owner, dated the __________ day of ________________, 2025, a copy of which is attached hereto and made a part hereof for the construction of:

AND WHEREAS, this bond is given in compliance with and subject to the provisions and conditions of Public Act No. 213 of the Public Acts of 1963.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH

THAT, if the above named Principal, legal representatives or successors shall pay or cause to be paid to all subcontractors, persons, firms, and corporations as the same may become due and payable, all indebtedness which may arise from said Principal to a subcontractor or party performing labor or furnishing materials in connection with the contract, construction, and work herein referred to, then this obligation shall be void; otherwise to remain in full force and effect.

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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 way 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, the parties hereto have caused this instrument to be executed by their respective authorized officers this _______ day of

__________________, 2025.

___________________________ (seal)

Principal

Surety

Signed, sealed and delivered in the presence of:

Bonds correct as to form:

Amanda Odette, City Attorney

PAB-2

INSURANCE

A. GENERAL

The Contractor shall not begin construction, nor shall he allow any sub-contractor to commence work under this contract until all insurance requirements stated in this section have been complied with.

B. REQUIRED INSURANCE

The Contractor shall procure and maintain during the life of this contract, the following minimum insurance coverages.

1. WORKMEN’S COMPENSATION INSURANCE

The Contractor shall furnish to the Owner satisfactory proof that he has taken out, for the period covered by the work under this contract, full Workman’s Compensation Insurance, as required by Michigan law, for all persons which he may employ in carrying out the work contemplated under this contract. In case any work under this contract is sublet, the prime contractor shall require each sub-contractor to provide Workman’s Compensation Insurance for all the sub-contractor’s employees to be engaged in such work.

The Owner will accept a certificate that the contractor is covered with Workman’s

Compensation Insurance. The certificate shall include but be not limited to, the policy number, the effective date, the expiration date, and the statement that coverage is provided for the class of employees doing street paving and excavating work. In case any class of employees engaged in street paving is not protected under the Workman’s Compensation Insurance policy, the

Contractor shall provide and shall cause each of his sub-contractors to provide adequate

Employers’ Liability Insurance for the protection of the employees not so protected. The minimum Employer’s Liability Insurance shall be one hundred thousand dollars ($100,000.00).

2. CONTRACTOR’S COMPREHENSIVE PROPERTY DAMAGE & BODILY

DAMAGE

The Contractor shall take out and pay for and maintain until completion of the work required by this contract, public liability and property damage insurance as shall protect him from claim for personal injury and property damage which may arise because of the work, or from operations under this contract. This insurance shall be on an occurrence basis and shall protect the contractor against liability arising from: his operations, operations of sub-contractors, completed operations and contractual liability assumed under the indemnity provisions hereinafter insured.

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Each of said policies of insurance shall provide coverage in the following minimum amounts:

COVERAGE LIMITS OF LIABILITY

Comprehensive Property Damage $500,000 each occurrence

$1,000,000 aggregate

Comprehensive Bodily Damage $500,000 each person

$1,000,000 each occurrence

Unlimited aggregate

Contractors desiring to use “excess insurance” or “umbrella coverage” to bring existing policies up to the limitations required by this contract shall submit copies of the policy for review by the

Owner. A certificate of excess insurance will not be accepted.

The public liability and property damage insurance shall not be deemed to require the

Contractor to have his sub-contractors named as co-insureds in his policy of public liability and property damage, but the policy shall protect him from contingent liability, which may arise from operations of his sub-contractors.

3. CONTRACTOR’S MOTOR VEHICLE LIABILITY INSURANCE

The Contractor shall procure and maintain during the life of this contract insurance for the protection of bodily injury and property damage to OTHER persons caused by the operation of his motor vehicles. The limits of liability shall be as follows:

COVERAGE LIMITS OF LIABILITY

Bodily Injury $500,000 each person

Property Damage $500,000 each occurrence

In addition to the above insurance on the Contractor’s motor vehicles he shall maintain similar insurance for any hired or non-owned vehicle used on this contract. These policies shall cover, by specific endorsement, motor vehicle bodily injury and property damage by the Contractor and all sub-contractors whether with owned or non-owned vehicles.

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4. OWNER’S PROTECTIVE LIABILITY & PROPERTY DAMAGE INSURANCE

The Contractor shall furnish and maintain during the duration of this contract A SEPARATE

POLICY of contingency insurance, naming the Owner, City of Burton, a Michigan

Governmental Corporation, its officers, agents and employees as insureds. The separate policy shall provide coverage to said insureds with respect to all CONTINGENT LIABILITY for damages due to bodily injury, including death resulting therefrom and property damage caused by an accident arising from the street paving and excavation operations performed by the prime contractor or any sub-contractor. This insurance shall protect the insured against contingent liability, which may be imposed upon him by law because of his supervisory acts or omission thereof in connection with the work performed by the general contractor and his sub-contractors.

This contingent liability insurance must be on an occurrence basis and said policy shall provide coverage to the following stated limits:

COVERAGES LIMITS OF CONTINGENT LIABILITY

Bodily Injury Liability $500,000 each person

Property Damage Liability $500,000 each occurrence

This coverage provided by this contingent liability policy is not intended to cover engineers or surveyors’ professional liability.

The insurance company shall provide five (5) copies of this policy for insertion into the contract document.

C. CERTIFICATES OF INSURANCE

Certificates of insurance will be accepted for all coverages except Owners and Contractors

Protective Liability Insurance and excess insurance for Contractors Comprehensive Property

Damage and Bodily Injury. These certificates shall clearly state that the authorized representative of the insurance company has complied with the provisions as required by this insurance section. The certificate must state which particular project is covered by that particular certificate.

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D. NOTICE OF CANCELLATION

All insurance policies and certificates required by this contract must include an endorsement providing ten (10) days prior written notice of termination, expiration or material change in terms to be provided to the Owner. The Contractor shall cease operations on the occurrence of any such event and shall not resume operations until new insurance is in force.

E. HOLD HARMLESS AGREEMENT

The Contractor agrees to indemnify and save harmless the Owner and all of their officers, partners, agents and employees from and against all loss of expense (including court costs and attorney’s fees) by reason of liability imposed by law upon the Owner for damages because of bodily injury, including death at any time, resulting therefrom sustained by any person or persons or on account of damage to or destruction of property, real or personal, including loss of use thereof, arising out of or in consequence of performance of this work whether such injuries to or death of persons or damage to property is due or claimed to be due to the negligence of the

Contractor, his sub-contractors, the Owner, their officers, partners, agents and employees except only such injury, death or damage as shall have been occasioned by the sole negligence of the

Owner.

NOTE: This Certificate of Insurance must be executed after the award of the contract and before work commences.

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NOTICE OF AWARD

TO: _________________________

PROJECT DESCRIPTION:

The OWNER has considered the BID submitted by you for the above-described WORK in response to its Advertisement for Bids dated ____________ and Instruction to Bidders.

You are hereby notified that your BID has been accepted for items in the amount of dollars ($ ).

You are required by the Instructions to Bidders to execute the Agreement and furnish the required

CONTRACTOR’S Performance BOND and Insurances 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 and Insurances within ten (10) calendar 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.

(Owner)

By: ____________________________

Title: ___________________________

ACCEPTANCE OF NOTICE

Receipt of the NOTICE OF AWARD is hereby acknowledged by

________________________________________ this, the ______ day of ______________, 2025.

By: ________________________________

Title: _______________________________

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INFORMATION

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check your steel…