20250805_BH-Carport_Canopy-IFBSpecs.pdf

SPECIFICATIONS

FOR

PUBLIC SAFETY

CARPORT AWNING

VILLAGE OF BEVERLY HILLS POLICE DEPARTMENT

18600 13 MILE RD

BEVERLY HILLS, MICHIGAN

AUGUST 2025

HRC JOB NO. 20250053

555 Hulet Drive • P.O. Box 824 Bloomfield Hills, Michigan 48303-0824

VILLAGE OF BEVERLY HILLS TABLE OF CONTENTS

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Hubbell, Roth & Clark, Inc.

Job 20250053 v m e n g r p r o j d o c s d e s i g n p r o j e c t d o c s s p e c s m a s t e r s p e c t o c c o m p l e t e r d o c x

TABLE OF CONTENTS

NUMBER SECTION NAME PAGE NUMBER

BIDDING REQUIREMENTS - CONTRACT PROVISIONS

00001 Title Page 00010 Table of Contents 00030 Advertisement for Bids ................................................................................ 1 thru 2 00120 Instructions to Bidders ................................................................................. 1 thru 4 00300 Proposal and Legal Status of Bidder ........................................................... 1 thru 7 00500 Contract ........................................................................................................ 1 and 2 00610 Performance Bond ........................................................................................ 1 and 2 00620 Labor and Material Bond .............................................................................. 1 and 2 00630 Maintenance and Guarantee Bond ................................................................ 1 and 2 00700C General Conditions-Contractor Layout ..................................................... 1 thru 18 00702 Enrolled House Bill No. 5541 ..................................................................... 1 thru 4 00703 Enrolled House Bill No. 5607 ...................................................................... 1 and 2 00704 Enrolled House Bill No. 1024 ..................................................................... 1 thru 4 00800 General Supplementary Conditions ........................................................... 1 thru 16

DIVISION 1 - GENERAL REQUIREMENTS

01000 General Specifications ............................................................................... 1 thru 11 01300 Submittals .................................................................................................... 1 thru 6 01400 Quality Control ............................................................................................ 1 thru 3 01600 Material and Equipment .............................................................................. 1 thru 4 01700 Contract Closeout ........................................................................................ 1 thru 5

DIVISION 2 – SITE CONSTRUCTION

02990 Permits

DIVISION 10 -SPECIALTIES

10730 Pre-Engineered Shelters............................................................................... 1 thru 5

END OF SECTION

VILLAGE OF BEVERLY HILLS ADVERTISEMENT FOR BIDS

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ADVERTISEMENT FOR BIDS

PUBLIC SAFETY CARPORT AWNING PROJECT

VILLAGE OF BEVERLY HILLS

OAKLAND COUNTY, MICHIGAN

Sealed proposals for the construction of the Public Safety Carport Awning Project will be received at the Village Office, 18500 13 Mile Road, Beverly Hills, MI until 11:00am Local Time on September 16, 2025, at which time and place all bids will be publicly opened and read aloud.

The Contract will consist of the following principal items of work and appurtenances as specified herein and shown on the Contract Drawings.

Description of Work

The Public Safety Carport Awning Project shall consist of the construction of a new carport on the east side of the existing back parking lot, and an awning canopy over the existing equipment location at the north side of the Public Safety building, located at 18600 W. 13 Mile Rd., Beverly Hills, MI 48025.

Copies of Drawings and Specifications may be downloaded from the Michigan Inter-Governmental Trade Network (MITN) website at www.bidnetdirect.com/mitn

Information regarding the bid must be obtained on the MITN website at www.bidnetdirect.com/mitn

One copy of the Drawings and Specifications, under which work is to be done, are on file and will be available for viewing only at the Village Office located at 18500 13 Mile Road, Beverly Hills, MI 48025 and also at the office of the Village’s consulting engineer Hubbell, Roth & Clark, Inc. located at 555 Hulet Drive, Bloomfield Hills, Michigan 48302-0360 beginning on August 12, 2025.

Questions, comments, or concerns of any Bidder regarding the bidding, the Procurement Documents or the project, shall be submitted to Qetuwrah Reed at qreed@hrcengr.com. Inquiries must be received by 12:00pm on August 25, 2025. Any inquiries received after this date and time will not be considered.

An optional Pre-Bid Conference will be held in the parking lot of the Public Safety building, located at 18600 W. 13 Mile Rd., Beverly Hills, MI on August 20, 2025 at 9:00am. Bidders are encouraged to visit the site at this day and time to collect measurements and verify field conditions. Should bidders wish to visit the site at another day or time, they will need to contact the Public Safety office at (248) 540-3400 to coordinate their visit at least 24 hours in advance.

Proposals submitted by Bidders who have been debarred, suspended, or made ineligible by any Federal Agency will be rejected.

Each bidder agrees to waive any claim it has or may have against the Owner, the Architect/Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any bid.

Each bid proposal shall be submitted on the proposal forms provided and shall be accompanied by a certified check, cashier's check or bid bond, executed by the bidder and Surety Company, payable to the Village of Beverly Hills in the amount of Five Percent (5%) of the accompanying bid. Proposal Guarantee shall provide mailto:qreed@hrcengr.com

VILLAGE OF BEVERLY HILLS ADVERTISEMENT FOR BIDS

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All bids shall be opened publicly at the date and time specified. Each bid shall be recorded together with the name of the bidder. Bids shall be in accordance with the requirements of this notice in order to be deemed “responsive.”

Bids are to be submitted in a sealed envelope, plainly marked “BID – Public Safety Carport Awning Project” and received by the Village Clerk on or before the time and date given above. Proposals will not be accepted electronically nor via upload to the MITN website.

No bid may be withdrawn after scheduled closing time for receiving bids for at least ninety (90) calendar days.

The right to accept any bid, to reject any or all proposals and to waive irregularities in bidding is reserved by the Village of Beverly Hills. Portions of this Contract may be deleted due to unforeseen circumstances without compensation. Acceptance of any bid does not constitute a binding agreement until a written Contract is signed by both parties.

The successful bidder will be required to furnish satisfactory Performance, Labor and Material, and Maintenance and Guarantee Bonds.

Neil Johnston Director of Public Services

VILLAGE OF BEVERLY HILLS INSTRUCTIONS TO BIDDERS

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SECTION 00120

INSTRUCTIONS TO BIDDERS

SCOPE OF WORK

The work under this Contract shall consist of the furnishing of all labor, material, equipment, services, and all incidental items necessary to complete the project in accordance with the Contract Documents.

OBSERVATION OF SITE

Before submitting a Proposal, each bidder shall personally inspect the site of the proposed work to arrive at a clear understanding of the conditions under which the work is to be done.

They shall be held to have compared the premises with the Drawings and Specifications and to have satisfied himself as to the conditions of the premises, existing constructions, and any other conditions affecting the carrying out of the work, before delivery of his Proposal.

No allowance or extra consideration on behalf of the Bidder will subsequently be allowed by reason of error or oversight on the part of the Bidder or on account of interferences by the Owner's or by other Bidder’s activities.

SOIL CONDITIONS

The Contractor, as such and as bidder, shall make his own determination as to soil and/or rock conditions and he shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Owner. This shall apply whether or not borings are shown on the Drawings.

All bidders conducting soil tests shall restore the area of their testing to original condition as closely as possible.

The Owner does not guarantee that the ground encountered during construction will conform with any boring information furnished herein.

The Owner and Hubbell, Roth & Clark, Inc. may have been involved in the design, observation, and/or construction of other underground projects in the area of the proposed construction. The observation reports, soil reports, and any soil information connected with these projects are available for construction observation and review by the prospective bidders.

ADVERTISEMENT

The published Advertisement for the proposed work contains information necessary to bidders. A copy of the Advertisement shall be considered a part of the Instructions to Bidders as fully as if repeated herein.

INSTRUCTIONS TO BIDDERS VILLAGE OF BEVERLY HILLS

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PROPOSALS

Proposals will be received in accordance with the Advertisement for Bids, and shall be submitted only on forms provided by the Engineer.

Proposals shall be enclosed in sealed envelopes marked with the name of the project and bidder and shall be delivered to the designated location on or before the bid time as specified in the Advertisement for Bids.

Proposals shall be made in full conformity with all the conditions set forth in the drawings and in these specifications. Bids are firm and cannot be withdrawn for a period of 60 days after opening of the bids, unless otherwise specified in the Advertisement for Bids.

NAME AND STATUS OF BIDDER

The name and legal status of the bidder, either as a corporation, partnership, or individual, shall be stated in the Proposal.

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

The place of residence of each bidder, or the office address and telephone number in the case of a firm or company, with County and State, must be given after his signature.

BIDDER'S QUALIFICATIONS

It is the intention of the Owner to award this Contract to a Bidder fully capable, both financially and with regard to experience to perform and complete the work in a satisfactory manner. If required by the Owner, each bidder under consideration may be required to furnish the Owner, within 48 hours at the Owner's request, the following information sworn to under oath by him:

1. Performance record.

2. The address and description of the bidder's plant and place of business.

3. Itemized list of equipment available for use on the project.

4. A description of any similar project which the bidder has constructed in a satisfactory manner.

5. A certified or authenticated financial statement dated within sixty days prior to the opening of bids.

The Owner may require that any items of such statements be further verified.

6. A list of contracts on which the bidder is currently engaged.

7. Such additional information as will satisfy the Owner that the bidder is adequately prepared, in technical experience and otherwise, to fulfill the Contract.

VILLAGE OF BEVERLY HILLS INSTRUCTIONS TO BIDDERS

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BID DEPOSIT

Each Proposal must be accompanied by a bid deposit in the form described in the Advertisement for Bids, Specification Section 00030, as a guarantee on the part of the bidder that he will, if called upon to do so, enter into contract in the attached form, to do the work covered by such proposal and at the price stated therein and to furnish acceptable surety for its faithful and entire fulfillment. Such certified check or bidder's bond shall be made out to the Owner and shall be subject to the conditions specified in the Proposal.

The bid deposits of all except the three lowest bidders will be returned within three days after the opening of bids. The bid deposits of the three lowest bidders will be returned within 48 hours after the Contract is awarded to the successful bidder and the signed agreement has been delivered and the required bonds have been finally approved by the Owner, or after rejection of all bids.

Surety companies providing and executing Bid Bonds shall appear on the United States Treasury Department's most current list (Circular 570) as holding certificates of authority as acceptable sureties on federal bonds. The penal sum of such bonds shall not exceed a company's underwriting limitation as stated therein. A surety company shall be licensed in the State in which it provides a bond and in the State where the Contract work is to be performed.

Failure to provide a bid bond from a qualified company shall be a basis for rejection of a bid as non-responsive and non-responsible.

EXPLANATION TO BIDDERS BY ADDENDUMS

Neither the Owner nor the Engineer will give verbal answers to inquiries, regarding the meaning of the Drawings or Specifications, or give verbal instructions, previous to the award of the Contract. Any verbal statements regarding same by any persons, previous to the award, shall be unauthoritative.

Explanations desired by bidders shall be requested of the Engineer in writing and, if explanations are necessary, a reply will be made in the form of an addendum, a copy of which will be forwarded to each bidder whose work is affected.

Addendums issued to bidders prior to date of receipt of proposals shall become a part of the Specifications, and all proposals shall include the work described in the addendums.

No inquiry received within 4 days of the date fixed for the opening of bids will be given consideration.

Failure of the Engineer to send, or of the bidder to receive, any such interpretations shall not relieve the bidder from obligation under his bid as submitted.

RIGHT TO ACCEPT, TO REJECT, AND TO WAIVE DEFECTS

The Owner reserves the right to accept any Proposal, to reject any or all Proposals, and to waive any defects or irregularity in the Proposal if it appears advantageous to the Owner to do so.

Each bidder agrees to waive any claim it has or may have against the Owner, the Architect/Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any bid.

TIME OF COMPLETION

INSTRUCTIONS TO BIDDERS VILLAGE OF BEVERLY HILLS

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The Owner and the individual citizens of the municipality affected by this project are vitally concerned with the prompt completion of the construction together with the cleanup and restoration of roads and lawns within the time allowed in the Proposal.

The Bidder shall use sufficient labor and equipment to complete and place in service all of the work being constructed within this Contract within the time specified in the Proposal. The surface cleanup shall follow closely behind construction with earth spoil removed from lawns and roads and any trenches neatly finished by the end of each work day. Failure of the Bidder to comply with this type of workmanlike job will result in the suspension of construction operations until the cleanup is effected.

If the Bidder shall be unavoidably delayed in beginning or fulfilling this Contract by reason of excessive storms or floods, or by Acts of Providence, or by strikes, or by court injunction, or by stopping of the work by the Owner because of any emergency or public necessity, or by reason of alterations ordered by the Owner, the Bidder shall have no valid claim for damages on account of any cause or delay; but he shall in such case be entitled to such an extension of the above time limit herein, as the Engineer shall adjudge to be just and reasonable; provided, however, that formal claim for such extension shall be made in writing by the Bidder within a week after the date upon which such alleged cause or delay shall have occurred.

FAIR EMPLOYMENT PRACTICES

Section 4 of the Fair Employment Practices Act PA 1955, No. 251, provides:

Section 4. Every Contract to which the State or any of its political or civil subdivisions is a party shall contain a provision requiring the Bidder and his subcontractors not to discriminate against any employee or applicant for employment, to be employed in the performance of said contract, with respect to his hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of his race, color, religion, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the Contract.

Section 4A of the Act provides:

Section 4A. Every contract which the State or any of its political or civil subdivisions is a party shall contain a provision requiring the Bidder and his subcontractors not to discriminate against any employee or applicant for employment to be employed in the performance of such contract with respect to his hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment because of his age or sex, except where based on a bona fide occupational qualification.

VILLAGE OF BEVERLY HILLS PROPOSAL

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P M

PROPOSAL

FOR

PUBLIC SAFETY CARPORT AWNING PROJECT

VILLAGE OF BEVERLY HILLS

OAKLAND COUNTY, MICHIGAN

Village of Beverly Hills Bids Due: Tuesday, September 16, 2025 18500 13 Mile Road On or Before 11 am, Local Time Beverly Hills, Michigan 48025 HRC Job No. 20250053

To Prospective Bidders:

Name of Bidder:

Address:

Date: Telephone: Fax:

The above, as Bidder, hereby declares this bid is made in good faith without fraud or collusion with any persons bidding, and that the Drawings, Specifications, and all other information referenced in the Instructions to Bidders have been examined. Further, the Bidder is familiar with the location of the work described herein and is fully informed as to the nature of the work and the conditions relating to the performance of the Contract.

The Bidder acknowledges that no representations or warranties of any nature whatsoever have been received, or are relied upon from the Village of Beverly Hills, its agents or employees, as to any conditions to be encountered in accomplishing the work and that the bid is based solely upon the Bidder’s own independent judgment.

The above, as Bidder, hereby certifies that the Drawings, Specifications, and other data provided by the Owner for bidding purposes have been examined. Further, the undersigned certifies that the proposed construction methods have been reviewed and found acceptable for the conditions which can be anticipated from the information provided for bidding.

The Bidder hereby affirms that the site of work has been inspected and further declares that no charges in addition to the Individual Unit Prices shall be made on account of any job circumstances or field conditions which were present and/or ascertainable prior to the bidding. In addition, The Contractor, as such and as Bidder, shall make the determination as to existing soil conditions and shall also complete the work under whatever conditions created by the Contractor/Bidder’s sequence of construction, construction methods, or other conditions the Contractor/Bidder may create, at no additional cost to the Owner.

The above, as Bidder, declares that they have familiarized themselves with the location of the proposed Public Safety Carport Awning Project in the Village of Beverly Hills, Oakland County, Michigan, and the conditions under which it must be constructed; also that they have carefully examined the Drawings, Specifications, and Contract Documents which they understand and accept as sufficient for the purpose of constructing said project, and appurtenant work, and agrees that they will contract with the Village of Beverly Hills to furnish all

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PUBLIC SAFETY CARPORT AWNING PROJECT

DIVISION 1, BASE BID – CARPORT, SINGLE POST STYLE

Item Quantity Unit Price Total Cost

1. Demolition and Disposal 1 LS @ Lump Sum = $

2. Carport Foundations 1 LS @ Lump Sum = $

3. Carport, Complete 1 LS @ Lump Sum = $

4. Field Paint Steel Beams & Columns 1 LS @ Lump Sum = $

5. Miscellaneous 1 LS @ Lump Sum = $ (Cleanup, Repair Remaining Components, Etc.)

6. Allowance for Permit Fees 1 LS @ Lump Sum = $ $4,000.00

Total Amount Division 1, Base Bid $ ___________

DIVISION 1, ALTERNATE 1 – CARPORT, TWO POST STYLE

--THIS WILL BE IN LIEU OF THE DIVISION 1 BASE BID--

Item Quantity Unit Price Total Cost

1. Demolition and Disposal 1 LS @ Lump Sum = $

2. Carport Foundations 1 LS @ Lump Sum = $

3. Carport, Complete 1 LS @ Lump Sum = $

4. Field Paint Steel Beams & Columns 1 LS @ Lump Sum = $

5. Miscellaneous 1 LS @ Lump Sum = $ (Cleanup, Repair Remaining Components, Etc.)

Total Amount Division 1, Alternate 1 $ ___________

DIVISION 2, BASE BID – EQUIPMENT CANOPY

Item Quantity Unit Price Total Cost

1. Demolition and Disposal 1 LS @ Lump Sum = $

2. Canopy Foundations 1 LS @ Lump Sum = $

3. Canopy, Complete 1 LS @ Lump Sum = $

4. Field Paint Steel Beams and Columns 1 LS @ Lump Sum = $

5. Miscellaneous 1 LS @ Lump Sum = $

(Cleanup, Relocate/ Repair Remaining Components, Etc.)

Total Amount Division 2 Base Bid $ ___________

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The Owner, at its sole discretion, reserves the right to award to the Bidder who, in the sole determination of the Owner, will best serve the interest of the Owner. The Owner reserves the right to accept any bid, to reject any or all bids, to waive any and all informalities involving price, time, or changes in the work, and to negotiate contract terms with the successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional bids. However, it is the intention of the Owner to award to the low total bid to one bidder. Also, the Owner reserves the right to reject the bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the bid is not responsive or the Bidder is unqualified, of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the Owner.

Each bidder agrees to waive any claim it has or may have against the Owner, the Architect/Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any bid.

Each Proposal must be accompanied by a bid deposit in the form of a certified check, cashier's check or bid bond, executed by the bidder and Surety Company, payable to the Village of Beverly Hills in the amount of Five Percent (5%) of the amount of the Proposal. See Instructions to Bidders – Bid Deposit for more information.

SUBMITTAL DOCUMENTS

The following list of documents are required to be submitted with the bid in order for the bid to be considered complete and responsive:

1) Base Bid Proposal Form

2) Bid Bond

3) Proposed Construction Schedule (Refer to Section 00200)

4) Signed Iran-Linked Business Vendor Certification (Refer to Section 00704)

TAXES

The Bidder affirms that all applicable Federal, State and Local taxes of whatever character and description are included in all prices stated in this Form of Proposal.

ADDENDA

The Bidder acknowledges the following Addenda, covering revisions to the drawings or specifications and the cost, if any, of such revision has been included in the quoted proposal:

Addendum No. ___________________________ Dated _______________________

Addendum No. ___________________________ Dated _______________________

Addendum No. ___________________________ Dated _______________________

Addendum No. ___________________________ Dated _______________________

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FEES

The Bidder shall refer to the General Conditions for allowable Fees for additional work performed, upon Owner’s written authorization, by Bidder’s own forces and/or for additional work, upon Owner’s written authorization, by Bidder’s subcontractors.

TIME OF COMPLETION

If awarded the Contract for the Public Safety Carport Awning Project, we agree to start work as soon as practicable and have the entire project substantially completed by December 15, 2025. Substantial Completion is defined that the facility is ready to use for its intended purpose with all utility systems fully functional.

The Bidder hereby agrees to furnish the required Bonds, Insurance Certificates, and Policies within ten (10) days after acceptance of this Proposal.

Final Completion with all clean-up and punch-list items shall be complete within two (2) weeks of Substantial Completion.

The execution of all work and specific constraints as described in the contract drawings and specifications, with particular reference to the Coordination Clause (Section 00200), must be strictly adhered to.

LIQUIDATED DAMAGES

Time is of the essence for completion of this project in order to have the Project ready for the Village of Beverly Hills. The Bidder guarantees that he/she can and will complete the work within the time limit stated hereinbefore or within the time as extended as provided elsewhere in the Specifications. Inasmuch as the damage and loss to the Owner which will result from the failure of the Bidder to complete the work within the stipulated time, will be most difficult or impossible to accurately determine, it is mutually agreed that the damages to the Owner for such delay and failure on the part of the Bidder shall be liquidated in the amount of Five Hundred Dollars ($500.00), for each and every calendar day by which the Bidder shall fail to complete the work or any part thereof within the provisions hereof, and such liquidated damages shall not be considered as a penalty.

The Owner will deduct and retain out of any money due or to become due hereunder the amount of the liquidated damages, and in case those amounts are less than the amount of actual liquidated damages, the Bidder shall pay the difference upon demand of the Owner.

We understand that liquidated damages may be assessed should we fail to meet the stipulated completion dates. Specifically, liquidated damages will be assessed daily beginning December 16, 2025 until such a time that Substantial Completion is achieved and further if all work is not completed by the Final Completion Date.

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BIDS TO REMAIN FIRM

The price stated in this Proposal shall be guaranteed for a period of not less than (90) days from the bid due date and if authorized to proceed within that period, the bidder agrees to complete the work covered by the Proposal at said price.

If this Proposal is accepted by the Owner and the undersigned shall fail to contract as aforesaid and to furnish the required surety bonds within fifteen (15) days after being notified of the acceptance of his/her/her bid, then the undersigned shall be considered to have abandoned the contract, and the Certified Check, Cashier’s Check or Bid Bond accompanying this Proposal shall be forfeited to the Village of Beverly Hills

If the undersigned enters into the contract in accordance with his/her proposal, or if his/her proposal is not accepted, then the accompanying bid guarantee shall be returned to the undersigned.

Company Name:

Signature: Title:

Address:

County: State:

Telephone No.: Fax No.:

Email Address:

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LEGAL STATUS OF BIDDER

This Bid is submittal in the name of:

(Print)

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

Street

City

State Zip Code

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

( ) INDIVIDUAL

( ) INDIVIDUAL DOING BUSINESS UNDER AN ASSUMED NAME

( ) CO-PARTNERSHIP

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

( ) CORPORATION INCORPORATED UNDER THE LAWS OF THE STATE OF

. The Corporation is

( ) LICENSED TO DO BUSINESS IN MICHIGAN

( ) NOT NOW LICENSED TO DO BUSINESS IN MICHIGAN

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

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

NAME AND TITLE HOME ADDRESS

Signed and Sealed this day of , 20__.

By (Signature)

Printed Name of Signer

Title

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BID BOND

KNOW ALL PEOPLE BY THESE PRESENTS, that we, the undersigned, As Principal, hereinafter called the Principal, and

A corporation duly organized under the laws of the State of

As surety, hereinafter called the SURETY, are held and firmly bound unto:

The Owner: The Village of Beverly Hills in the sum of Dollar ($ ), For the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid for Public Safety Carport Awning Project in the Village of Beverly Hills

NOW, THEREFORE, if the OWNER shall accept the bid of the Principal and the Principal shall enter into a contract with the OWNER in accordance with the terms of such bid, and give such bond or bonds as may be specified in the CONTRACT DOCUMENTS with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the OWNER the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the OWNER may in good faith contract with another party to perform the work covered by said bid, then his/her obligation shall be null and void, otherwise to remain in full force and effect.

Signed and sealed this day of , 20__

(Witness) (Principal) (Seal)

(Title)

(Witness) (Surety)

(Title)

VILLAGE OF BEVERLY HILLS CONTRACT

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CONTRACT

ARTICLES OF AGREEMENT, Made and entered into this day of , 20__, by and between

( A Michigan Municipal Corporation), Party of the first part, hereinafter called the Owner, and in the , County of and State of Michigan , Party of the second part, hereinafter called the Contractor, to wit:

Item 1) That all proposals, specifications, plans, bonds, etc., hereto attached or herein referred to, shall be and are made a part of this agreement and contract.

Item 2) That the Contractor, under penalty of bond attached, shall furnish all labor, materials, and appliances necessary, and do all the work as set forth in the proposal.

HRC Job No. 20250053 according to the specifications, plans, etc., which have been made a part of this contract in a manner, time, and place, all and singular, as herein set forth.

IN CONSIDERATION WHEREOF, said Party of the First Part, for it and its successors, promises and agrees to pay to said Party of the Second Part, the sum of:

Dollars ($ ) as provided in the attached proposal, all in the time and manner indicated in the specifications.

For the faithful performance of all and singular of the stipulations, terms and conditions of this Agreement, said parties respectfully bind themselves, their successors, heirs, executors, administrators and assigns.

VILLAGE OF BEVERLY HILLS CONTRACT

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IN WITNESS WHEREOF, Said Parties have signed this Contract, in duplicate, on the date first above written.

WITNESS:

(A Michigan Municipal Corporation) Party of the First Part

________________________________________ By:

WITNESS:

(A Michigan Corporation) Party of the Second Part

________________________________________ By:

VILLAGE OF BEVERLY HILLS PERFORMANCE BOND

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PERFORMANCE BOND

KNOW ALL PEOPLE BY THESE PRESENTS, That we, the undersigned as Principal, and of as Sureties, are hereby held and firmly bound unto the “Owner” in the full and just sum of Dollars

($ ) for the payment of which well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed and sealed this day of 20___.

The condition of the above obligation is such that if said shall well and faithfully do and perform the things agreed by It to be done and performed by the annexed contract, according to the terms thereof, then this obligation shall be void; otherwise, the same shall remain in full force and effect.

VILLAGE OF BEVERLY HILLS PERFORMANCE BOND

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It is mutually understood and agreed that in cases where changes are required, either by order of the Engineer, or Owner, or by mutual agreement, such changes or changes shall not modify, discharge or release this bond.

(A Michigan Corporation)

(Seal)

Principal

Surety

Signed, Sealed and Delivered in the Presence of:

VILLAGE OF BEVERLY HILLS ENROLLED SENATE BILL NO. 1024

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VILLAGE OF BEVERLY HILLS GENERAL SUPPLEMENTARY CONDITIONS

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SECTION 00800

GENERAL SUPPLEMENTARY CONDITIONS

PART 1 INSURANCE

1.1 Insurance Required of the Contractor

A. Prior to commencement of the work, the Contractor and its subcontractors and subconsultants (Contractor) shall procure and maintain at their own expense during the duration of the project such insurance as will protect them, the Owner, and the Engineer from claims, directly or indirectly arising out of or associated with the work described in this contract and performed by the Contractor, Subcontractor(s) or Sub-Subcontractor(s) meeting or exceeding the policies and requirements set forth below.

B. The obligation of the Contractor to provide the insurance herein specified shall not limit in any way the liability or obligations assumed by the Contractor hereunder.

1. All insurance required herein are the minimum types and amounts required for compliance with this Contract but shall not in any way be construed as the full amounts and types of insurance necessary to adequately protect the Contractor or others, nor its obligations to Contractor as provided for in this Contract or otherwise, and Contractor shall be solely responsible for any deficiencies thereof.

2. It is Contractor’s sole obligation to determine and implement any other types or amounts of insurance necessary to protect Contractor’s obligations and interests.

3. The types and amounts of any insurance required herein shall not serve to limit the total liability of the Contractor under any warranty or indemnity provision of this Contract or any other obligation Contractor may have to Owner and/or Engineer.

C. All insurance required of Contractor herein shall provide a separation of insured clause.

D. In the event the Contractor or its insurance carrier defaults on any obligations hereunder, Contractor agrees that they will be liable for all reasonable expenses and attorneys' fees incurred by Owner and/or Engineer to enforce the provisions hereunder.

E. Irrespective of the requirements for insurance to be secured and maintained by the Contractor hereunder, the insolvency, bankruptcy or failure of any insurance company carrying insurance of Contractor or the failure of any insurance company to pay claims accruing, shall not affect, negate or waive any of the provisions of the Contract including, without exception, the indemnity obligations of Contractor.

1.2 Worker's Compensation Insurance

A. Worker's Compensation insurance including Employer's Liability to cover employee injuries or disease compensable under the Workers' Compensation Statutes of the states in which work is conducted under this Contract or disability benefit laws, if any, or Federal Compensation Acts such as Longshore and Harbor Workers’ or Merchant Marine, if applicable.

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B. Self-insurance plans approved by the regulatory authorities in the state in which work on this project is performed are acceptable.

1.3 Comprehensive General Liability

A. A Comprehensive General Liability policy to cover bodily injury to persons other than employees and for damage to tangible property, including loss of use thereof, including the following exposures:

1. All premises and on-going operations

2. Explosion, collapse, and underground damage

3. Contractor’s Protective coverage for independent contractors or subcontractors employed by him.

4. Contractual Liability, including attorney’s fees assumed under this Agreement, which shall be payable in addition to the limits of liability.

5. Personal and advertising injury.

6. Products and Completed Operations coverage. This coverage shall extend through the contract guarantee period.

B. Additional Insured Requirements:

1. Coverage shall be Primary and Non-contributory and Waiver of Subrogation in favor of the Owner and Engineer applies and shall be on an occurrence form.

2. The policy shall include an endorsement which includes the following as additional insured’s:

a. The Owner, their council, members, Board members, public officials, consultants, agents, and employees

b. The “Engineer” Hubbell, Roth & Clark, Inc.

Bloomfield Hills, Michigan Their owners, directors, officers, consultants, agents, and employees

c. The Road Commission for Oakland County Beverly Hills, Michigan Their officials, directors, officers, consultants, agents, and employees.

d. The Oakland County Water Resources Commissioner’s Office Waterford, Michigan Their officials, directors, officers, consultants, agents, and employees.

1.4 Comprehensive Automobile Liability

A. A Comprehensive Automobile Liability policy to cover bodily injury and property damage arising out of the ownership, maintenance, or use of any motor vehicle, including owned, non-owned and hired vehicles and including Michigan “No Fault” coverage.

B. Additional Insured Requirements:

1. Coverage shall be Primary and Non-contributory and Waiver of Subrogation in favor of the Owner and Engineer applies and shall be on an occurrence form.

2. The policy shall include an endorsement which includes the following as additional insured’s:

a. The Owner, their council, members, Board members, public officials, consultants, agents, and employees

b. The “Engineer”

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Hubbell, Roth & Clark, Inc.

Bloomfield Hills, Michigan Their owners, directors, officers, consultants, agents, and employees

c. The Road Commission for Oakland County Beverly Hills, Michigan Their officials, directors, officers, consultants, agents, and employees.

d. The Oakland County Water Resources Commissioner’s Office Waterford, Michigan Their officials, directors, officers, consultants, agents, and employees.

1.5 Owner's & Contractors Protective Liability Policy

A. The Contractor shall purchase for the Owner, a separate Owner's Protective Liability policy to protect the Owner, the Engineer, their consultants, agents, employees, and such public corporations in whose jurisdiction the work is located, for their contingent liability for work performed by the Contractor under this contract.

B. Purchase the Owner's Protective Liability policy in the Owner’s name.

C. Additional Insured Requirements:

1. The policy shall include an endorsement which includes the following as additional insured’s:

a. The “Engineer” Hubbell, Roth & Clark, Inc.

Bloomfield Hills, Michigan Their owners, directors, officers, consultants, agents, and employees

b. The Road Commission for Oakland County Beverly Hills, Michigan Their officials, directors, officers, consultants, agents, and employees.

c. The Oakland County Water Resources Commissioner’s Office Waterford, Michigan Their officials, directors, officers, consultants, agents, and employees.

1.6 Builder's Risk-Installation Floater

A. Purchase a Builder's Risk-Installation Floater in a form acceptable to the Owner which shall include, as named insured, (a) the Contractor, (b) all Subcontractors, (c) all Sub-Subcontractors, (d) the Owner, and the Engineer, as their respective interests may prove to be at the time of loss, covering insurable property which is the subject of this contract.

B. Coverage shall be affected on an "All Risk" form including, but not limited to, the Perils of fire, wind, flood, vandalism, collapse, theft and earthquake, with exclusions normal to the cover.

C. Procure the policy in an amount equal to the value of the goods to be transported and installed (building materials, components), plus the value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising the total value for the entire Project at the site on a replacement cost basis as of the time of any loss.

1. Coverage is to apply while property is in transit to the installation site, while stored at a temporary location awaiting installation at the work site, during loading and

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D. Maintain insurance, unless otherwise provided in the Contract or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final completion or until no person or entity other than the Owner has an insurable interest in the Project, whichever is later.

E. Upon request, provide a copy of the policy for review by the Owner.

1. If the Owner believes additional coverage is necessary, the Owner shall notify the

Contractor in writing as soon as reasonably possible.

2. The policy shall contain no exclusion for loss or damage caused by the perils of theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, testing and startup, and debris removal including demolition occasioned by enforcement of any applicable Laws and Regulations.

F. The Contractor may arrange for such deductibles as it deems to be within his ability to self-assume, but Contractor will be held solely responsible for the amount of such deductible and for any coinsurance penalties.

G. Any insured loss shall be adjusted with the Owner and the Contractor and paid to the Owner and Contractor as trustee for the other insured.

1.7 Umbrella or Excess Liability

A. The Contractor is granted the option of arranging coverage under a single policy for the full limit required or by a combination of underlying policies with the balance provided by an Excess or Umbrella Liability policy equal to the total limit(s) requested.

B. Umbrella or Excess policy wording shall be at least as broad as the primary or underlying policy(ies) and shall apply both to the Contractor's general liability and to his automobile liability insurance.

C. Additional Insured Requirements:

1. Coverage shall be Primary and Non-contributory and Waiver of Subrogation in favor of the Owner and Engineer applies and shall be on an occurrence form.

2. The policy shall include an endorsement which includes the following as additional insured’s:

a. The Owner, their council, members, Board members, public officials, consultants, agents, and employees

b. The “Engineer” Hubbell, Roth & Clark, Inc.

Bloomfield Hills, Michigan Their owners, directors, officers, consultants, agents, and employees

c. The Road Commission for Oakland County Beverly Hills, Michigan Their officials, directors, officers, consultants, agents, and employees.

d. The Oakland County Water Resources Commissioner’s Office Waterford, Michigan Their officials, directors, officers, consultants, agents, and employees.

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1.8 Pollution Liability

A. Where such an exposure may potentially exist, as determined by the Owner, the Contractor shall provide coverage in a form acceptable to the Owner from pollution exposures that are not covered by standard commercial general liability policies that can create losses and/or damages that include but are not limited to claims for bodily injury, property damage and cleanup costs.

B. Additional Insured Requirements:

1. Coverage shall be Primary and Non-contributory and Waiver of Subrogation in favor of the Owner and Engineer applies and shall be on an occurrence form.

a. Contractors waive their rights of subrogation in favor of the Additional

Insureds unless they are prohibited by State law.

2. The policy shall include an endorsement which includes the following as additional insured’s:

a. The Owner, their council, members, Board members, public officials, consultants, agents, and employees

b. The “Engineer” Hubbell, Roth & Clark, Inc.

Bloomfield Hills, Michigan Their owners, directors, officers, consultants, agents, and employees

1.9 Professional Liability

A. Where such an exposure may potentially exist, as determined by the Owner, the Contractor shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property (including loss of use) and loss or damage resulting from professional errors and omissions, which may arise out of operations by Contractor or by its design consultants or by anyone employed by any of them, or by anyone for whose acts any of them may be liable.

1. Coverage shall be sufficient to cover all services provided or procured for the

Job/Project and, if on a claims-made form, with either a continuation of coverage or an extended reporting period of no less than six years following completion of the services.

2. If the professional liability policy is written on a claims-made basis, the retroactive date shall be prior to the start of any professional or design services.

3. All renewal policies during this period shall maintain the same retroactive date.

B. Contractor shall require its design consultants to procure and maintain, from insurance companies authorized to do business in the state in which the Job/Project is located, the insurance coverages set forth in this Contract.

C. Any professional liability insurance shall specifically delete any design build or similar…