20250217_Full_Specs_Issued_For_Bids.pdf

2025 - 2029 QUARTON LAKE

MAINTENANCE DREDGING

CONTRACT # 15-24 (M)

CITY OF BIRMINGHAM

ENGINEERING DEPARTMENT

CITY OF BIRMINGHAM TABLE OF CONTENTS

QUARTON LAKE MAINTENANCE DREDGING 00010/ 1

Hubbell, Roth & Clark, Inc.

Job No. 20240138

TABLE OF CONTENTS

NUMBER SECTION NAME PAGES

BIDDING REQUIREMENTS - CONTRACT PROVISIONS

00001 Title Page

00010 Table of Contents ........................................................................................... 1thru 2

00100 Advertisement to Bid .................................................................................... 1 thru 2

00200 Instructions to Bidders .................................................................................. 1 thru 6

00210 Supplemental Instructions to Bidders ........................................................... 1 thru 2

00400 Proposal......................................................................................................... 1 thru 6

00500 Agreement ..................................................................................................... 1 thru 2

00610 Performance Bond ........................................................................................ 1 thru 2

00640 Payment Bond ............................................................................................... 1 thru 2

00700 General Requirements ................................................................................. 1 thru 14

00702 Enrolled House Bill No. 5541 ....................................................................... 1 thru 4

00704 Enrolled House Bill No. 1024 ....................................................................... 1 thru 4

00805 Supplemental Project Notes ........................................................................ 1 thru 10

DIVISION 1 GENERAL CONDITIONS

01000 General Specifications ................................................................................ 1 thru 12

01210 Request for Partial Payment Form ................................................................ 1 thru 2

01220 Final Payment Request Form ........................................................................ 1 thru 6

01300 Work Directive Form ..................................................................................... 1thru 2

DIVISION 2 SITE WORK

02200 Earthwork .................................................................................................... 1 thru 18

02202 Drainage Geotextiles ..................................................................................... 1 thru 4

02220 Soil Erosion and Sediment Control............................................................... 1 thru 6

02228 Turbidity Curtain .......................................................................................... 1 thru 2

02483 Geotextile Filter Bags for Dredge Material Containment and Dewatering 1 thru 10

02550 Maintaining Traffic ....................................................................................... 1 thru 6

02930 General Landscape Materials and Final Grading.......................................... 1 thru 2

02958 Special Landscaping Requirements for Site ............................................... 1 thru 10

02990 Permits .......................................................................................................... 1 thru 8

END OF SECTION

TABLE OF CONTENTS CITY OF BIRMINGHAM

0001/2 QUARTON LAKE MAINTENANCE DREDGING PROJECT

THIS PAGE INTENTIONALLY LEFT BLANK

CITY OF BIRMINGHAM ADVERTISEMENT FOR BIDS

QUARTON LAKE MAINTENANCE DREDGING 00100- 1

SECTION 00100

ADVERTISEMENT FOR BIDS

2025-2029 QUARTON LAKE MAINTENANCE DREDGING

CITY OF BIRMINGHAM, MI

Sealed proposals endorsed “2025-2029 QUARTON LAKE MAINTENANCE DREDGING Contract #

15-25 (M) be received from contractors by the City of Birmingham, at the office of the City Clerk, located at 151 Martin Street, Birmingham, Michigan, until 2:00 p.m., on Thursday, March 20, 2025.

The proposals will be publicly read aloud at that time. Bids submitted after the exact time specified for receipt will not be considered.

The project will consist of:

Hydraulic dredging and dewatering, of approximately 380 cyds and disposal of approximately 190 cyds per year for five (5) years of accumulated sediment from Quarton Lake;

Soil erosion control measures including turbidity curtain, catch basin inserts, silt fence, and straw blanket;

Other miscellaneous items of work including site restoration.

Bidders shall review and comply with all Contract Documents, and supplemental information, as defined in the Instructions For Bidders.

Bidding documents for this project must be obtained electronically through the Michigan Inter-governmental Trade Network (MITN), which may be accessed at https://www.bidnetdirect.com/mitn.

Vendors wishing to obtain copies of the bidding documents will need to register through the MITN website. Electronic versions of bidding documents will be posted to MITN starting Thursday, February

20, 2025. All questions are due to nkolinski@hrcengr.com by 10:00 am, March 06, 2025.

An optional pre-bid meeting will be held on March 04, 2024, at 10:00 a.m. in the City of Birmingham, at the northeast corner of Oak Avenue and Lake Park Drive.

The successful bidder shall be required to post bonds, and to comply with the contract requirements of the City Charter. Bids are firm, and no bid may be withdrawn for a period of sixty (60) days after opening of bids.

Procurement for the City of Birmingham will be handled in a manner providing fair opportunity for all businesses. This will be accomplished without abrogation or sacrifice of quality and as determined to be in the best interest of the City of Birmingham. The City reserves the right to reject any and all bid proposals, to waive any irregularity in any of the bid proposals submitted, and to accept any proposal which it shall deem to be the most favorable to the interest of the

City.

http://www.bidnetdirect.com/mitn mailto:nkolinski@hrcengr.com

ADVERTISEMENT FOR BIDS CITY OF BIRMINGHAM

00100 / 2 QUARTON LAKE MAINTENANCE DREDGING

A certified check or bid bond in the amount of five percent (5%) of the base bid must accompany each bid proposal.

ALEXANDRIA BINGHAM

CITY CLERK

Published in:

MITN

CITY OF BIRMINGHAM INSTRUCTIONS TO BIDDERS

QUARTON LAKE MAINTENANCE DREDGING 00200- 1

SECTION 00200

INSTRUCTIONS TO BIDDERS

1. CONTRACT PRICE

Proposals are solicited on the basis of unit prices and/or lump sum prices which are to be clearly set forth in the Proposal Form. The final contract price on the accepted proposal will be determined by multiplying the number, or fraction thereof, units of work actually performed, or labor, material, or appliances actually supplied by the price designated for such items in the proposal. The total bid figure on the proposal form is merely for purposes of estimating and comparing costs, and under no circumstances on unit price contracts does it constitute or imply the total contract price.

This bid is for a five (5) year maintenance program. The unit prices indicated above as well as the time of completion as stated in these bid documents are for 2025. The contractor will provide a yearly price increase for inflation in the proposal.

2. FORM OF PROPOSAL

All proposals must be made in the form attached hereto.

All prices stated in the proposals must be plainly written in figures.

All information called for on the proposal must be furnished to enable a fair comparison of the bids.

The place of residence of each bidder, or the official address in the case of a firm or company, with county and state, must be given with the signature.

Each proposal must be enclosed in a sealed envelope addressed to the City Clerk of the City of

Birmingham, and endorsed upon the outside with the name of the project, as it appears in the advertisement for bids.

QUESTIONS REGARDING THE CONTRACT DOCUMENTS

All questions about meaning or intent of Contract Documents shall be submitted to the Engineer in writing, no later than 10:00 AM Thursday, March 06, 2025. Address written inquiries to:

Nancy J. Kolinski, P.E.

Hubbell, Roth & Clark

Email: nkolinski@hrcengr.com

A. Replies will be issued by Addenda delivered to all parties recorded by as having received

Contract Documents for Bidding. Questions after 2:00 PM Tuesday, March 11, 2025, will nkolinski@hrcengr.com

QUARTON LAKE MAINTENANCE DREDGING 00200- 2

not be answered. Only answers contained in formal written Addenda will be binding.

Oral and other interpretations or clarifications will be without legal effect. Any

Addendum issued during pre-bid period shall be included in the Bid, shall become part of

Contract Documents, and shall be acknowledged on Bid Form.

3. CONFORMITY TO PLANS AND SPECIFICATIONS

Proposals must be made in full conformity to all the conditions, as set forth in the plans and specifications for the work now on file in the office of the City Engineer.

4. AGENCY

Anyone signing a proposal as agent of another or others, must submit with the proposal, legal evidence of his authority to do so.

5. LEGAL STATUS OF BIDDER

The legal status of the bidder, that is, as a corporation, a partnership or an individual, must be stated in the proposal. A corporation bidder must name the state in which its articles of incorporation are held, and must give title of the official having authority under the bylaws to sign contracts. A partnership bidder must give the full names and addresses of all partners.

6. CERTIFIED CHECK, BIDDER’S BOND OR BANK DRAFT

Each proposal must be accompanied by a certified check, bidder’s bond or bank draft in an amount not less than five (5) percent of the total price, drawn to the order of the City of

Birmingham, as a guarantee of good faith on the part of the bidder and subject to the conditions stipulated in the proposal form.

No proposal shall be withdrawn for a period of sixty (60) days after the date set for the opening of bids.

A single check, bond or draft may serve to cover two (2) or more alternative proposals when such alternative proposals are submitted by the same bidder.

The bid deposit of all except the three (3) lowest bidders will be returned within three (3) weeks after the opening of bids. The bid deposit of the three (3) lowest bidders will be returned within two (2) weeks after the contract has been executed by both parties.

7. OBLIGATION TO EXECUTE CONTRACT

The bidder whose proposal is accepted will be required to execute the contract, and to furnish sureties hereafter specified, By April 14, 2025, after receiving notice of such acceptance; and in case of his refusal or failure to do so, he shall be considered to have abandoned all his rights and interest in the award, and his bid deposit may be declared to be forfeited to the City, as liquidated damages and not a penalty, and the contract may be awarded to another.

QUARTON LAKE MAINTENANCE DREDGING 00200- 3

This bid is for a five (5) year maintenance program. Time of completion for each year of maintenance will be discussed and agreed upon by both Contractor and Owner.

8. BONDS

The successful bidder will be required to furnish two (2) bonds, each on the forms provided as follows:

1. A Performance Bond in an amount not less than 100% of the annual contract price in favor of the City of Birmingham, conditioned upon the faithful performance of the contract, and completion on or before the date specified.

2. A Payment Bond for labor or material running to the claimants, which is defined in MCL

§129.206 as those persons supplying labor or materials to the principal contractor or subcontractors in the prosecution of the work provided for in this contract in an amount not less than 100% of the annual contract price for the protection of those persons supplying labor, materials or both.

The cost of providing these bonds shall be borne by the Contractor incidental to the other work of this contract.

9. INDEMNITY

The Contractor shall indemnify the City of Birmingham in accordance with the INDEMNITY section set forth in the General Requirements.

10. INSURANCE

The Contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph. All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan. All coverages shall be with insurance carriers acceptable to the City of Birmingham. Contractor shall provide the following insurance coverages with all costs associated with them incidental to the other work of this project:

1. Workers’ Compensation Insurance: The Contractor shall procure and maintain during the life of this contract, Workers’ Compensation Insurance, including Employers Liability

Coverage, in accordance with all applicable statutes of the State of Michigan.

2. Commercial General Liability Insurance: The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an “Occurrence

Basis” with limits of liability not less than $3,000,000 per occurrence combined single limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C)

Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse and Underground (XCU) Exclusions, if applicable.

3. Motor Vehicle Liability: The Contractor shall procure and maintain during the life of this contract Motor Vehicle Liability Insurance, including all applicable no-fault coverages, with

QUARTON LAKE MAINTENANCE DREDGING 00200- 4

limits of liability of not less than $3,000,000 per occurrence combined single limit Bodily

Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

4. Additional Insured: Commercial General Liability and Motor Vehicle Liability Insurance, as described above, shall include an endorsement starting the following shall be Additional

Insureds.: Hubbell, Roth, and Clark, Inc. and the City of Birmingham, including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof. This coverage shall be primary to any coverage that may be available to the additional insured, whether any other available coverage be primary, contributing or excess.

5. Pollution Liability Insurance: Contractor shall procure and maintain during the life of this

Agreement Pollution Liability Insurance, with limits of liability of not less than $1,000,000, per occurrence preferred, but claims made accepted.

6. Cancellation Notice: Workers’ Compensation Insurance, Commercial General Liability

Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: “Thirty (30) days Advance Written Notice of

Cancellation or Non-Renewal shall be sent to the Finance Department, City of Birmingham, P.O. Box 3001, 151 Martin Street, Birmingham, Michigan 48012.

7. Owners Contractors Protective Liability: The Contractor shall procure and maintain during the life of this contract, an Owners Contractors Protective Liability Policy with limits of liability not less than $3,000,000 per occurrence, combined single limit, Personal Injury, Bodily Injury and Property Damage. The City of Birmingham shall be “Name Insured” on said coverage. Thirty (30) days Notice of Cancellation shall apply to this policy.

8. Proof of Insurance Coverage: The Contractor shall provide the City of Birmingham at the time the contracts are returned for execution, Certificates of Insurance and/or policies, acceptable to the City of Birmingham, as listed below:

a. Two (2) copies of Certificate of Insurance for Workers’ Compensation;

b. Two (2) copies of Certificate of Insurance for Commercial General Liability;

c. Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance;

d. Original policy, or original binder pending issuance of policy, for Owners

Contractors Protective Liability Insurance;

e. If so requested, Certified Copies of all policies mentioned above will be furnished.

9. Coverage Expiration: If any of the above coverages expire during the term of this contract, the Contractor shall deliver renewal certificates and/or policies to the City of Birmingham at least ten (10) days prior to the expiration date.

10. Maintaining Insurance: The CONTRACTOR also agrees to provide all insurance coverage as specified. Upon failure of the CONTRACTOR to obtain or maintain such insurance coverage for the term of the agreement, the City of Birmingham may, at its option, purchase

QUARTON LAKE MAINTENANCE DREDGING 00200- 5

such coverage from the contract amount. In obtaining such coverage, the City of

Birmingham shall have no obligation to procure the most cost-effective coverage but may contract with any insurer for such coverage.

11. EXAMINATION OF SITE

It is expected that each bidder will make a personal examination of the entire site of the proposed work, and of its surroundings. It will be assumed that each bidder, before offering his proposal, has obtained first hand information concerning any probable interference and the available facilities for transporting, handling and storing of construction equipment and materials, and concerning other conditions which may affect his work.

12. LEGAL CONDITIONS

Bidders are notified that they should acquaint themselves with the various provisions in the laws of the State of Michigan, and in the ordinances and regulations of the City of Birmingham and

Oakland County, with respect to the carrying on of public improvements.

13. BIDDER’S ABILITY

It is the intention of the City to award the contract for this job to a contractor whose construction skill and financial resources are fully equal to the task of prosecuting the work in a satisfactory manner, and of bringing it to completion within the time limit specified. With this end in view, the Proposal form calls for at least three (3) references concerning their ability to do this particular class of work, and a reference list of the last five (5) projects, including those not completed or currently being performed. The mere ability to offer bonds will not be taken as sufficient evidence of responsibility on the part of the bidder. If the contract is awarded to an out-of-state or foreign company, a certificate of authority to do business in this state must accompany executed contract.

14. PAYMENTS

Partial payments will be made monthly to the Contractor during the satisfactory progress of the working accordance with the Payments section of the General Requirements.

15. RIGHT TO ACCEPT, REJECT AND TO WAIVE DEFECTS

The City reserves the right to accept any proposal, to reject any or all proposals, and to waive any defect or irregularity in any proposal, if it appears advantageous to the City to do so.

In particular, any alterations, erasure or interlineation in the Specifications which are made a part, specifically, of these instruments, or of the Form of Proposal, shall render the accompanying proposal irregular and subject to rejection by the City. In case any explanation, additions or alterations are to be offered, they shall be indicated on separate sheets attached to the proposal form and referred to therein.

Proposals which are clearly unbalanced, will also be considered as irregular, and will be subject to instant rejection by the City.

QUARTON LAKE MAINTENANCE DREDGING 00200- 6

16. STATEMENT OF QUANTITIES

The quantities of the pay items listed within the proposal shows the Engineer’s estimate of the quantities involved in the job, and bids will be computed, tested and compared by the quantities given in this statement. Although estimated carefully, and with as much accuracy as practicable beforehand, these quantities are not to be taken as defining or limiting the amount of work to be done under the contract, but rather as information furnished the bidders concerning the approximate extent of the times, and as a basis for comparing bids.

CITY OF BIRMINGHAM SUPPLEMENTAL INSTRUCTIONS TO BIDDERS

QUARTON LAKE MAINTENANCE DREDGING 00210-1

SECTION 00210

SUPPLEMENTAL INSTRUCTIONS TO BIDDERS

1. TIME OF COMPLETION

All work on this contract for the first year of the dredging program shall be completed by

October 01, 2025. Contract award is anticipated in May 05, 2025. Substantial completion completed by October 1, 2025 with final completion by November 01, 2025.

Notice to award March 28, 2025

Notice to proceed May 06, 2025

Start of Construction July 21, 2025

Substantial completion October 01, 2025

Watering 2 weeks following seeding + 4 days per Plans

Planting Guarantee 1 Year following provisional acceptance

Final completion November 01, 2025

Per EGLE Part 301 permit, no work is permitted between March 01st through June 30th.

This bid is for a five (5) year maintenance period. The unit prices indicated above as well as the time of completion as stated in these bid documents are for the first year. The contractor will provide a yearly price increase to account for inflation in the proposal.

2. LIQUIDATED DAMAGES

The contractor shall pay to the City of Birmingham as liquidated damages, the sum of $500 per day for each calendar day after the time period specified under “Time of Completion” that the work to be performed by the contractor is not completed. Liquidated damages are established to compensate the City and the public, for the costs of the inconvenience caused by the contractor by extending the work beyond the time specified. Liquidated damages are not in place of actual damages, which the City of Birmingham might sustain, and are not intended as a penalty.

3. CONTRACTOR SUPERVISION

The contractor shall have a competent superintendent or foreman available at all times, authorized to act for the contractor as agent on the work, who thoroughly understands the plans and specifications, and who shall receive instructions from the engineer. The superintendent or foreman shall be responsible for all subcontractors. The superintendent or foreman shall be designated by name prior to commencement of the work, and shall be available ON SITE for proper management of the project for the duration of the contract, regardless of whether or not the contractor or subcontractors are engaged in activity on the project.

4. WORK AREA

The contractor for this project shall be alert to the fact that the work areas are very visible to the public, and that their work operations have a direct impact on a large number of people on a

CITY OF BIRMINGHAM SUPPLEMENTAL INSTRUCTIONS TO BIDDERS

QUARTON LAKE MAINTENANCE DREDGING 00210-2

daily basis. The work shall be organized to reduce the number of work days to a minimum.

Also, the contractor shall keep the work area as orderly, clean and dust-free as practical at all times.

THIS SECTION INTENTIONALLY LEFT BLANK

CITY OF BIRMINGHAM PROPOSAL

QUARTON LAKE MAINTENANCE DREDGING 00400- 1

SECTION 00400 – PROPOSAL

2025-2029 QUARTON LAKE MAINTENANCE DREDGING PROJECT

TO THE CITY OF BIRMINGHAM, MICHIGAN:

The undersigned, being familiarized with the local conditions affecting the cost of the work and the Contract Documents including all those sections listed in the Index, hereby proposes to perform everything noted herein and to provide and furnish all labor, materials, except as otherwise specified, necessary to construct and complete in a workmanlike manner all of the work required to be performed for the 2025-2029 Quarton Lake Maintenance Dredging

Project, Contract #15-24 (M) in conformance with the requirements shown or implied in the above contract documents all of which are hereby made a part of this contract at the following unit price as here stated and further defined in the specifications.

Bidder has examined copies of all Contract Documents and of following addenda:

Date Addendum Number

Bidder must write out in words the unit price of each item on the line provided under each pay item.

No. ITEMS FOR BID QTY UNITS

UNIT

PRICE

AMOUNT

1. MOBILIZATION (MAXIMUM 5%) 1 LS

2.

TRAFFIC MAINTENANCE AND

CONTROL

1 LS

3.

GEOTEXTILE CATCH BASIN

INSERTS

8 EA

4. GEOTEXTILE FILTER BAGS 1 LS

5. RUNOFF CONTROL SYSTEM 1 LS

6. FLOATING TURBIDITY CURTAIN 200 LF

PROPOSAL CITY OF BIRMINGHAM

00400 / 2 QUARTON LAKE MAINTENANCE DREDGING

No. ITEMS FOR BID QTY UNITS

UNIT

PRICE

AMOUNT

7.

LAKE SEDIMENT DREDGING,

DEWATERING, AND RELATED

EQUIPMENT /MATERIALS

380 CYD

8.

LAKE SEDIMENT TRANSPORT &

DISPOSAL IN A TYPE II

LANDFILL

190 CYD

9. STAGING AREA RESTORATION 1 LS

TOTAL BID:

For the additional years of the contract, please provide an increase in your unit pricing based upon a percentage to account for inflation.

July 15, 2026 through October 31, 2026 ___________ % increase in unit pricing

July 15, 2027 through October 31, 2027 ___________ % increase in unit pricing

July 15, 2028 through October 31, 2028 ___________ % increase in unit pricing

July 15, 2029 through October 31, 2029 ___________ % increase in unit pricing

Firm Name _____________________________________________________________________________

Authorized Signature _______________________________________________ Date_________________

Accompanying this proposal is a certified check, bid bond or bank draft in the amount of five (5) percent of the total bid, payable to the City of Birmingham, Michigan, which it is agreed will be forfeited to the City of

Birmingham if the undersigned fails to enter into a contract in conformity with the form of contract incorporated herein, and insurance as specified within twenty-one (21) days after contract awarded to the undersigned or withdraws this bid within sixty (60) days of the date hereof.

In submitting this bid, it is understood that the right is reserved by the City of Birmingham, Michigan to reject any or all bids.

The undersigned hereby agrees to execute a contract with the City of Birmingham, Michigan according to the forms attached hereto and furnish the required bonds and certificates of insurance, all within thirty (30) days after the award of the contract; and will fully complete all work as stated under TIME OF

COMPLETION and LIQUIDATED DAMAGES in Supplemental Instructions to Bidders.

QUARTON LAKE MAINTENANCE DREDGING 00400- 3

The Bidder will identify the business entity as individuals, or if doing business under assumed name, indicate assumed name, partnership (naming partners) and indicate official capacity of persons executing proposal and bid.

Contractor's Name _________________________________________________________

Street Address ____________________________________________________________

City County

State/Zip Code ____________________________________________________________

Telephone ______________________________ FAX ____________________________

Date ____________________________________________________________________

Signed by ________________________________________________________________

Print Name ______________________________________________________________

Title ___________________________________________________________________

If a corporation, give state in which incorporated _______________________________________

Witnessed: _______________________________________________________________

Print ____________________________________________________________________

Name of Superintendent ___________________________________________________________ Supervision & time sequence according to the General Requirements

00400 / 4 QUARTON LAKE MAINTENANCE DREDGING

Give below at least three references as to ability to do work proposed.

Name Address

Firm________________________ Telephone__________________________

Name_______________________ Address____________________________

Firm Telephone

Give below the last five projects worked on, including those currently in progress, in chronological order. The names need not all be different from those listed above:

Project #1: Name of Project: _________________________________________________

Date Started __________________________ Finished ____________________________

Name _______________________________ Address ____________________________

Firm ________________________________ Telephone __________________________

Project #2: Name of Project: _________________________________________________

Firm Telephone

Project #3: Name of Project: _________________________________________________

Project #4: Name of Project:

QUARTON LAKE MAINTENANCE DREDGING 00400- 5

Project #5: Name of Project: _________________________________________________

Give below all the subcontractors to be used on the project: If additional space is necessary, please use the back of this page. Should the contractor wish to use any subcontractors that are not on this list after award, the contractor shall submit a written request to the Engineer and obtain authorization for same, prior to proceeding. All subcontractors not listed must receive written approval from the City of Birmingham, prior to working on this project.

Type of Work to be Performed: ______________________________________________

00400 / 6 QUARTON LAKE MAINTENANCE DREDGING

CITY OF BIRMINGHAM AGREEMENT

QUARTON LAKE MAINTENANCE DREDGING 00500 -1

SECTION 00500

AGREEMENT

THIS AGREEMENT made the ___________ day of ____________________, 2025 by and between the CITY OF BIRMINGHAM, Oakland County, Michigan, hereinafter called the

“City”, and ______________________________________ of the City of

____________________, County of ____________, State of _____________________, hereinafter called the “Contractor”, relative to Contract No.15-24 (M) , otherwise known as:

2025-2029 QUARTON LAKE MAINTENANCE DREDGING in the amount of

$____________ to wit:

1. The documents consisting of bid documents and construction plans, including all exhibits and the General Contract Conditions, and the Bid shall be incorporated herein by reference, shall become a part of this Agreement, and shall be binding upon both parties hereto.

In the event that there is a conflict between these documents, this Agreement shall control, then bid documents and construction plans, and then the Bid.

2. The Contractor shall furnish all labor, materials and appliances necessary, and to all the work as set forth in the Proposal, and in accordance with the plans and specifications, which have been made a part of this agreement in a manner, time and place, as therein set forth.

a. The Contractor shall provide a Performance Bond, which form is attached hereto and incorporated herein by reference to protect the City, and conditioned upon the faithful performance of the contract in accordance with the plans, specifications and terms hereof.

b. The Contractor shall provide a Payment Bond which form is attached hereto and incorporated herein by reference for the protection of the claimants as defined in MCL §129.201(6) to supply labor or materials to the principal Contractor or his Subcontractor and the prosecution of the work provided for in this contract.

3. Time is of the essence of this agreement. All of the work to be performed by the

Contractor shall be completed on or before the Time of Completion, as set forth in the

Supplemental Instructions to Bidders. The Contractor shall pay to the City as liquidated damages, the amount per day as set forth under Liquidated Damages in the Supplemental

Instructions to Bidders, for each calendar day after the date specified under Time of Completion that the work to be performed by the Contractor is not completed. Liquidated damages are established because of the difficulty in ascertaining actual damages which the City might sustain, and are not intended as a penalty.

AGREEMENT CITY OF BIRMINGHAM

00500 / 2 QUARTON LAKE MAINTENANCE DREDGING

4. The City promises and agrees to pay said Contractor for all labor, materials and appliances supplied, and for all work performed under this agreement at the unit prices provided in the attached Proposals and Specifications.

5. For the faithful performance of the terms of this agreement, said parties respectively bind themselves, their successors, heirs, executors, administrators and assigns.

IN WITNESS WHEREOF, the parties execute this agreement as of the day and year first written above.

CITY OF BIRMINGHAM

Attest __________________________________ By: __________________________

City Clerk Mayor

Witnessed ______________________________ _________________________

By: __________________________

Contractor

APPROVAL (1.135 City Code)

City Manager as to Substance

City Attorney as to Form

Director of Finance as to Financial Obligation

City Engineer

CITY OF BIRMINGHAM PERFORMANCE BOND

QUARTON LAKE MAINTENANCE DREDGING 00610-1

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS that we, the undersigned as Principal, and as Sureties, are hereby held and firmly bound unto the CITY OF BIRMINGHAM, MICHIGAN in the sum of __________________________________________________________________________

(___________), in lawful money of the United States, for the payment of which we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns this _________day of _______________________ , 2025.

WHEREAS, the above bounded Principal has entered into a certain written contract with the above named City of Birmingham, Michigan dated _____ day of ___________________, 2025 for the construction of:

which contract is hereby referred to and made a part hereof as fully and to the same extent as if the same were entirely written herein, AND 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 thereunder of the specifications accompanying the same shall in anywise affects its obligations 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.

NOW, THEREFORE, the condition of the above obligation is such that if the Principal shall fully perform the annexed contract according to the terms thereof, or as such terms may by changed or modified by mutual agreement, and shall guarantee all work furnished against all defects and incidental

PERFORMANCE BOND CITY OF BIRMINGHAM

00610 / 2 QUARTON LAKE MAINTENANCE DREDGING

damage to other property for a period of one (1) year following final acceptance of the work, then this obligation shall be void, otherwise the same shall remain in full force and effect.

This Bond is provided in compliance with and subject to the provisions of Act 213 of the Public

Acts of Michigan for 1963, as amended by Act 351 of the Public Acts of Michigan for 1972 also known as MCL § 129.201 et. seq.

WITNESSED:

Principal

Surety

CITY OF BIRMINGHAM PAYMENT BOND

QUARTON LAKE MAINTENANCE DREDGING 00640-1

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that we of the hereinafter called the “Principal” and hereinafter called the “Surety”, are held and firmly bound unto those persons known as

“Claimants” as defined in MCL § 129.206(6) supplying labor or materials to the Principal or his subcontractors and the prosecution of the work provided for in a certain Contract by and between the City of Birmingham and the Principal in the sum of

___________________________________________________ Dollars ($_________), in lawful money of the United States, for the payment whereof, we bid ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally this day of , A.D., 2025.

WHEREAS, the above named Principal has entered into a Contract with the CITY OF

BIRMINGHAM, MICHIGAN dated the day of ____________, A.D., 2024, wherein said principal has covenanted and agreed as follows, to wit:

To furnish all the labor and material for the 2025-2029 Quarton Lake Maintenance Dredging

Project, Contract No. 15-24(M).

WHEREAS, this Bond is given in compliance with an subject to the provisions of Act

No. 123 of the Public Acts of Michigan for 1963, as amended by Act. No. 351 of the Public Acts of Michigan for 1972, also known as MCL § 129.201 et. seq.

NOW, THEREFORE, the condition of this obligation is such that if all persons or claimants as defined in Public Act 213 of 1963 supplying labor or materials to the principal

PAYMENT BOND CITY OF BIRMINGHAM

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contractor or his subcontractors in the prosecution of the work provided for in the contract are paid, the obligation of this Bond shall be void; otherwise it shall be in full force and effect.

WITNESSED:

Principal

Surety

CITY OF BIRMINGHAM GENERAL REQUIREMENTS

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SECTION 00700

GENERAL REQUIREMENTS

1. DEFINITION OF TERMS

The intent and meaning of words and expressions, or pronouns used in their stead, occurring in these specifications or in other contract documents, shall be interpreted as described under

Section 1.01 Definitions of Terms of the Current Standard Specifications for Highway

Construction adopted by the Michigan Department of State Highways and Transportation, with the following additions or exceptions.

City - The corporation of the City of Birmingham, Michigan

Commission - The Commission of the City of Birmingham, Michigan, and any other board, body, official or officials to which or to whom the powers belonging to the said Commission shall, by virtue of any act or acts, hereafter passed or be held to appertain.

Engineer - The person holding the position or acting in the capacity of City Engineer of the City of Birmingham, Michigan, acting either directly or through his properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

Directed, required, permitted, etc. - Whenever in the specifications the words “as directed”, “as required”, “as permitted”, or words of like effect are used, it shall be understood that the direction, requirements or permission of the

Engineer is intended; similarly the words “approved”, “acceptable”, “satisfactory”, or words of like import shall mean approved by, or acceptable, or satisfactory to the Engineer.

2. INTENT OF THE PLANS, SPECIFICATIONS AND CONTRACT

The intent of the plans, specifications and contract is to provide for the completion of the work in substantial compliance with the details as shown thereon, and as described herein. The

Contractor shall furnish all labor, materials, equipment, tools, transportation and necessary supplies, and shall perform all operations required to complete the work in accordance with the specifications, and the lines, grades and cross sections provided for on the plans, or by authorization.

3. EXTRA WORK

No extra work shall be started, or extra material furnished, until such extra work or furnishing of extra material is authorized in writing by the Engineer.

GENERAL REQUIREMENTS CITY OF BIRMINGHAM

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The price for such extra work or material must be approved by the Engineer. Said price may be a unit price, a lump sum price, or if the Engineer so elects, the work shall be done on a force account basis, which will be paid for in the following manner:

For all labor, teams and foremen in direct charge of the specific work, the Contractor shall receive the actual rate of wage paid for each and every hour that said labor, teams and foremen are actually engaged in such work, plus 20% of the sum thereof.

For materials and supplies, the Contractor will receive the actual cost of such materials delivered on the work, including freight charges, as shown by original receipted bills, plus 15% of the sum thereof.

For any machinery and equipment owned or rented by the Contractor, which it may be deemed necessary or desirable to use on extra work, the Contractor will be paid at the actual charge-out rate, if reasonable, for his own equipment, or at the actual rental price paid, if reasonable, for rented equipment for each and every hour that such equipment is used on the work, to which sum

15% will be added.

Bond premium, workmen’s compensation insurance, personal injury public liability and property damage public liability insurance, unemployment compensation, and Federal Social Security will be paid for at actual cost, to which sum 15% will be added. The Contractor shall furnish satisfactory evidence of the rate or rates paid for such insurance.

The compensation as herein provided shall be accepted by the Contractor as payment in full for extra work done by force account, and the said percentages shall cover profit, superintendence, general expense, overhead, and the use of small tools and equipment for which no rental is allowed.

4. ALTERATION IN CHARACTER OF WORK

Should the Contractor encounter, or the Engineer encounter, during the progress of the work, sub-surface and/or latent conditions at the site materially differing from those shown on the plans or indicated in the specifications, the Engineer’s attention shall be called immediately to such conditions before they are disturbed. The Engineer shall thereupon investigate the conditions, and if he finds that they materially differ from those shown on the plans and indicated in the specifications, he shall at once make such changes in the plans and/or specifications, as he may find necessary.

5. COORDINATION OF SPECIFICATIONS AND PLANS

In case of discrepancy, written figures shall govern over numerals, figured dimensions shall govern over scaled dimensions, plans shall govern over standards specifications, supplemental specifications shall govern over standard specifications and plans, and special provisions shall govern over supplemental specifications.

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The Contractor shall not take advantage of any apparent error or omission in the plans or specifications, but the Engineer shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the plans and specifications.

6. AUTHORITY OF ENGINEER

The Engineer shall decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; and all questions as to the satisfactory and acceptable fulfillment of the terms of the contract by the Contractor.

7. INSPECTION

Inspectors may be appointed and directed to inspect all materials used, and all work done. The inspection may extend to all parts of the work, and to the preparation or manufacture of the materials for use in the work. The Inspectors will not be authorized to revoke, alter, enlarge or relax any of the provisions of these specifications, nor to change the plans in particular. The

Inspector on the work will inform the Engineer as to the progress of the work, the manner in which it is being done, and the quality of the materials being used. He will also call to the attention of the Contractor any failure to follow the plans and specifications that he may observe.

In case of any dispute arising between the Contractor and the Inspector as to the materials furnished, or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question at issue can be referred to and be decided by the

Engineer. In no instance shall any action or omission on the part of the Inspector relieve the

Contractor of the responsibility of completing the work in accordance with the plans and specifications.

The Engineer and his duly authorized Inspector, shall at all times have the right to enter the premises upon which the work under this contract is being done, and to inspect said work and to ascertain whether or not the construction is carried out in accordance with the terms of the contract or specifications; and the Contractor shall render all necessary assistance and provide all reasonable facilities and give ample time for such inspection.

8. SUPERVISION

The Contractor shall give his personal supervision to the faithful prosecution of the work. In case of his absence, he shall have a competent superintendent or foreman on the work site who shall follow, without delay, all instructions of the Engineer or his assistants in the prosecution and completion of the work, and every part thereof in conformity with this contract. He shall also have full authority to supply material and labor immediately.

The Contractor’s supervisor shall be responsible to act on behalf of the Contractor. This includes being present or available at all times, making decisions on behalf of the Contractor and

Subcontractor, scheduling, monitoring work progress on a continued basis, communicating with

City representatives, etc. His name shall be submitted prior to the start of work, with all appropriate ways of contacting him. He shall remain the responsible Contractor’s representative throughout completion of the project, including any subcontract work associated with this contract. If it is necessary to replace this person, it shall have the approval of the Engineer.

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9. TIME AND SEQUENCE OF WORK

The Contractor shall have control over the sequence of order of execution of the several parts of the work to be done under this contract, and over the methods of accomplishing the required results, except as some particular sequence or method may be distinctly demanded by these specifications and plans, or by the express provisions of the contract.

The Engineer may, however, make such reasonable requirements as may in his judgment be necessary for the proper and effective protection of work partially or wholly completed, and to these requirements the Contractor shall strictly conform.

The Contractor shall submit a written work plan prior to starting construction. This shall include a written schedule, critical path or equal, to focus in on the date required for completion. This schedule must be updated periodically (not to exceed two (2) weeks) if it becomes necessary to modify the plan. This does not relieve the Contractor of the responsibility to complete the contract according to contractual stipulations. Any modification to the time schedule must obtain prior written approval from the Engineer.

Once the Contractor has mobilized, the Contractor must execute the contract in a continuous, expeditious manner, and may not suspend prosecution of work without written permission of the

Engineer.

10. RELATION TO OTHER CONTRACTORS

The Contractor shall so conduct his operations as not to interfere with or injure the work of other

Contractors employed by the City on adjoining or related work, and he shall promptly make good any injury or damage which may be done to such work by him.

Should a contract for adjoining work be awarded to another Contractor, and should the work on one of these contracts interfere with that of the other, the Engineer shall decide which Contractor shall cease work for the time being, and which shall continue, or whether the work of both contracts shall continue at the same time and in what manner. In case territory of one contract should be the necessary means of access to another contract, the Engineer shall have power to grant reasonable privileges with respect to the transportation or movement of men, equipment or materials, as he may adjudge to be necessary or expedient, and in the best interest of the City.

Any decision which the Engineer may make as to method and time of conducting work or the use of the territory shall not be made the basis of any claim for damage, but an extension of time may be claimed if justified by the circumstances, the same as in the case of other delays caused by the acts of the City. Any difference of opinion or conflict of interest which may arise between the Contractor and other Contractors or workmen of the City in regard to adjoining work, shall be determined and adjusted by the Engineer.

11. CONSTRUCTION STAKES

The location, alignment, elevation and grade of the work will be determined by the Engineer, who will set such stakes as are necessary to properly mark these elements. The Contractor shall

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assume full responsibility for detail dimensions and elevations measured from the lines, grades and elevations so established.

The Engineer may require the Contractor, at the Contractor’s expense, to provide such masts, scaffolds, batterboards, straightedges, templates or other devices as may be necessary to facilitate laying out, inspecting and constructing the work.

The Contractor shall exercise proper care in the preservation of all stakes set for his use, or for the use of the Engineer, and if such stakes are injured, lost or removed by the Contractor’s operations, the cost of resetting may be charged to the Contractor. The Department will be responsible for the accuracy of lines, slopes and grades established by the City, except that the

Contractor shall not take advantage of any obvious errors or omissions.

12. SOIL CONDITIONS

The Contractor shall make his own determination of the soil conditions and he shall complete the work in whatever materials, and under whatever conditions he may encounter or create, without extra cost of the City.

13. MATERIALS FURNISHED BY THE CITY

When specified, the City of Birmingham may furnish materials at no cost to the Contractor. All other materials necessary to complete the project shall be furnished by the Contractor. Materials to be furnished by the City will be at the Department of Public Works Yard at Eton Road and

Holland Avenue. The Department of Public Works will require the Contractor to provide a written authorization from the Engineer before releasing any materials. The Contractor shall load and transport all such materials from the Department of Public Works Yard to the construction site, at his own expense.

The City may, at its discretion, furnish to the Contractor, any materials, supplies or transportation required for extra work, and the Contractor shall not be entitled to any allowance or percentage on account of materials, supplies or transportation so furnished.

14. STORED MATERIAL

Materials and equipment distributed, stored or placed upon or near the…