2026_Road_Reconstruction_Improvements.pdf

Finance Department 203 S Troy Street

Royal Oak, MI 48067 248.246.3034

2026 Road Reconstruction Improvements CAP2635

CITY OF ROYAL OAK, MICHIGAN

REQUEST FOR BID

1. ADVERTISEMENT

Notice to contractors:

Sealed proposals will be received by the Purchasing Agent of the City of Royal Oak, Michigan, up to 12:00 pm, local time, Tuesday, February 3, 2026 at which time all proposals will be publicly opened and read aloud for the 2026 Road Reconstruction

Improvements CAP2635. Electronic proposals shall be submitted through the procurement portal at https://procurement.opengov.com/portal/romi. Bids will be automatically opened and posted online at the bid opening time. The work shall consist of furnishing all labor, materials, equipment, and incidental items for the following major items of work:

• Removal of concrete pavement

• Concrete paving with paving machine

• Concrete driveway/sidewalk construction

• Earth excavation and grading

• Installation of prefabricated speed humps

• Signage

• Restoration

The city will not consider bids that do not comply with Royal Oak Ordinance 2022-07, Responsible Contractor Ordinance.

The Plans and Specifications under which the work is to be done may be obtained through the procurement portal on or after Tuesday, January 13, 2026. Plans and specifications cannot be mailed.

Each proposal must be accompanied by a certified check or bid bond by a recognized surety company in the amount of five percent (5%) of the bid, payable to the City of Royal

Oak as security for the acceptance of the contract. No bidder may withdraw his proposal between the date set for the opening thereof and the date upon which the contract is awarded.

The City reserves the right to reject any or all proposals and the right to waive defects in proposals.

By order of the commission of the City of Royal Oak, Michigan.

Melanie Halas

City Clerk

To be advertised in full: Royal Oak Review – 01/14/2026 https://procurement.opengov.com/portal/romi

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2026 Road Reconstruction Improvements CAP2635

2. SPECIAL INSTRUCTIONS TO BIDDERS

The work under this contract shall be performed in accordance with the current City of

Royal Oak Standard Specifications for Construction, except when modified by the special provisions incorporated in the Project Specifications or Plans. In addition, the work shall be performed in accordance with the Special Instructions to Bidders as herein described.

2.1. Type of Work

The work under this contract consists of, but not is limited to, the following major items:

• Removal of concrete pavement

• Concrete paving with paving machine

• Concrete driveway/sidewalk construction

• Earth excavation and grading

• Installation of prefabricated speed humps

• Signage

• Restoration

The location of the work specified under this Contract is as shown on the cover sheet of the drawings and listed below. The city reserves the right to make modifications to the locations of the work.

Greenway Avenue - Starr Road to North Pavement Change Maplewood Avenue -12 Mile Road to Sycamore Avenue Nakota Road - Fernlee Avenue to Dead End

Traffic Calming:

Linwood Avenue - Woodward Avenue to 12 Mile Road Berkshire Road - Greenfield Road to Woodward Avenue Trafford Road - Coolidge Highway to Woodward Avenue

2.2. Award and Execution of the Contract

It is the intention of the city to award the Contract to a single lowest responsive bidder, provided his/her bid is reasonable and the best interest of the city will be served by accepting it. Because this project is estimated to be larger than $250,000, Royal Oak

Ordinance 2022-07 Responsible Contractors Ordinance will apply to all bidders.

The city shall forward to the contractor a written notice of award upon acceptance of the bid by the City Commission.

The bidder to whom the Contract is awarded will be required to execute the form of

Contract and to furnish all bonds, certificates of insurance, and an executed Hold

Harmless Agreement within ten (10) days (Sundays and legal holidays excepted) after receiving written notice of the award, or within such extended period as may be approved by the city; and in the case of his/her failure to do so, he/she may be considered by the city to have abandoned his/her interests in the Contract, and his/her proposal guaranty may be declared forfeited to the city, and the Contract may be awarded to another bidder.

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2026 Road Reconstruction Improvements CAP2635

2.3. Special Notes

1. A representative from the general contractor shall be onsite at all times during work.

2. The contractor shall pave the concrete streets under this project with a self-propelled paving machine, Pav-Saver or equivalent, running on steel full height forms. Paving machine details shall be submitted with the bid.

3. If Portland Limestone Cement (PLC) is used in the concrete mix design, the contractor shall take special care during concrete placement to ensure the concrete is properly placed and cured. PLC is more susceptible to scaling, and more information is available in the Michigan Concrete Association’s website under

“2024 MCA Tech Bulletin – Preventing Scaling.” Excessive scaling during the warranty period is cause for replacement at no cost to the city.

4. Nakota Road will be paved in phases to accommodate industrial businesses along the corridor. In the Spring 2026, Consumers Energy will be installing a gas line on

Nakota Road from Delemere Boulevard to Hillcrest Avenue (see attachment for

Consumers Energy plans). Contractor shall coordinate schedules.

5. Linwood Avenue traffic calming speed humps installation shall occur after June 5, 2026 to accommodate Shrine Catholic Grade School.

6. The city will be performing other construction projects within the vicinity of this project. Refer to the city’s project location map on the city’s website at www.romi.gov/currentprojects.

7. Access for garbage and recycling pick-up must be maintained throughout construction. Pick-up days are at provided at www.romi.gov/DPS. If vehicle access to the road is not possible, the contractor will be responsible for moving receptacles to the nearest intersection and to return receptacles to the appropriate address.

8. All sawcutting shall be performed with water to prevent airborne dust. Concrete slurry created by sawcutting shall be washed from the roadway and/or sidewalk the same day it is cut.

9. Joint sealing is included as part of this Contract. All new concrete pavement with or without integral curb that is installed under this Contract shall be joint sealed prior to opening the pavement for traffic. The Contractor shall thoroughly clean and dry all joints with compressed air prior to installing backer rod and sealant.

10. The city will notify residents prior to the start of construction that any private sprinkler system shall be marked / flagged, and the city’s inspector will document http://www.romi.gov/currentprojects http://www.romi.gov/DPS

Royal Oak, MI 48067 248.246.3034

2026 Road Reconstruction Improvements CAP2635 these locations. The contractor shall take care to avoid damaging private sprinkler systems that are marked. Sprinkler system damage shall be repaired by the contractor only where directed by the Engineer. Repairs shall be made in the presence of the Engineer using the contract unit prices.

11. All lawn areas disturbed in the public right-of-way shall receive topsoil and Class

A sod unless otherwise noted or directed. Seed and mulch blanket shall only be used when approved by the Engineer, typically in areas with exposed tree roots or on major roads. The Contractor shall water and maintain all sodded and seeded areas for the duration of the project and the 1-year warranty period. Topsoil placed for restoration shall be plate compacted.

12. Contractor will be required to install soil erosion inlet filters with overflow capabilities at all catch basins and inlets within the project limits. In addition, Contractor shall follow Soil Erosion and Sedimentation Control measures of the

Oakland County Water Resources Commissioner. The cost of work associated with soil erosion and sedimentation control shall be included in the unit prices for other contract items.

13. All structures within the project area must be cleaned by the Contractor of all construction related debris, including sand and silt generated during the construction operations. This work shall be performed within one week of substantial completion on each street, and shall be considered included in the unit prices for other contract items.

14. The Contractor shall notify the Engineer three (3) full working days in advance of any work that affects private property access so that notification may be prepared by the Engineer and handed out to the property owner(s) by the Contractor.

15. Where two or more driveways provide access to a property, the Contractor shall schedule and perform work so that at least one driveway is open for access to the property at all times. Where only one driveway provides access to a commercial or multiple-family residential property, the Contractor shall schedule and perform work so that at least one half of the driveway is open for access at all times.

16. The Contractor shall provide construction joints in concrete pavement, curb and gutter, drive or sidewalk at locations directed by the Engineer and included in these items of the Contract.

17. The Contractor is required to wash-out concrete trucks into a container and haul spoils offsite. Concrete trucks are not authorized to wash-out and leave spoils on city property.

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2026 Road Reconstruction Improvements CAP2635

18. The Contractor shall furnish, place, maintain and remove as directed by the

Engineer, temporary materials to accommodate traffic, parking and vehicular access to properties where drive approaches and concrete or bituminous surfaces have been removed. Temporary materials shall be placed the same day as the removal and shall consist of crushed concrete, bituminous mixture, and graded aggregate to be placed and paid as described in the Project Specifications.

Crushed concrete placed at driveways shall be regraded after installing the new curbing so that access to properties is maintained until the new driveway replacement occurs.

19. All new concrete pavement with or without integral curb and gutter shall be vibrated. Before applying membrane curing compound, repair honeycombed areas or voids with Type R-2 mortar or remove and replace as directed by the Engineer.

20. No wooden grade pins / stakes shall be used within the new concrete. Only epoxy coated steel bars shall be used.

21. Expansion 1/2-inch full depth paper placed at the back of curb within handicap ramps and bottom of driveway approaches shall be ground down and joint sealed or 1/4 -inch dummy paper.

22. A butt joint shall be installed where pavement removal/restoration abuts existing asphalt pavement. A 2-foot wide (minimum) by 2-inch (minimum) butt joint shall be installed.

23. Approach/driveway and parking areas must be permanently replaced within ten

(10) days of the date of the installation of the new concrete roadway pavement or base course at each property. The purpose of this requirement is to minimize any inconvenience to abutting property owners.

24. The contractor is responsible for site cleanup daily. No garbage shall be left onsite.

25. The contractor is required to protect all trees within the project limits. Where needed, tree trimming is considered included in the items of the contract. Trees damaged by the negligence of the contractor shall be replaced at no cost the city based on the city arborist’s recommendations. Trees that are directed to be removed and replaced by the Engineer to facilitate construction shall be paid for using the contract unit prices and shall be installed where directed by the Engineer.

26. Traffic shall be maintained by the Contractor throughout the project in accordance with the current edition of the Michigan Manual of Uniform Traffic Control Devices

(MMUTCD) and as directed by the Engineer. Work associated with providing construction signing and traffic control shall be measured and paid as described in

Royal Oak, MI 48067 248.246.3034

2026 Road Reconstruction Improvements CAP2635 the Project Specifications. The Contractor shall provide sign covers, flag persons, traffic cones, minor traffic control devices flags, vests and STOP/SLOW sign paddles for maintaining traffic, these items shall be considered to be part of the contract and their use shall not be considered for payment.

27. Contractor shall install “Sidewalk Closed” signs as required within the work zone as directed by Engineer.

28. Traffic control items (signs, barrels, arrow boards, barricades, etc.) shall be removed from the work area within one week after the substantial completion on a particular street. If the contractor does not remove the items, the city will remove them and store at the city’s yard and will deduct the cost of this work effort from the contractor’s retainage.

2.4. Measurement and Payment

All items of work on this contract will be measured and paid at the units and prices shown on the Form of Proposal. The miscellaneous items not shown on the Form of Proposal, such as mobilization, clean-up, traffic control, etc., will be included in the contract prices for the items of work.

2.5. Claims

All claims shall be referred to the Engineer for decision in accordance with General

Conditions Article 6.05, Claims.

Written notice stating the general nature of each claim shall be delivered by the claimant to the Engineer promptly (but in no event later than 30 calendar days) after the start of the event giving rise thereto. The responsibility to substantiate a claim shall rest with the party making the claim. Notice of the amount or extent of the claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such claim).

2.6. Construction Schedule

The contractor shall submit with the bid a detailed construction progress schedule for city engineer approval. The construction progress schedule shall show a sequence of operations agreeable to all parties, and indicate completion of work within the agreed

Contract time. The schedule shall be as specified under Item 7C on Page SI-2 in the City of Royal Oak “Standard Instructions to Bidders”. The contractor shall provide the manpower, equipment and materials to adequately perform and complete the work within the approved schedule.

The city engineer will review and return a copy of the schedule within five (5) calendar days of the date of receipt. If corrections or revisions are required to the schedule they shall be resubmitted within three (3) calendar days of receipt of the review copy.

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2026 Road Reconstruction Improvements CAP2635

The Contractor shall perform the work under the following stipulations:

Working Days

The definition of “working days” covered under this Contract shall be Monday through

Saturday, 7:00 a.m. to 8:00 p.m. Approval shall be obtained from the Engineering

Division to work on Sundays or holidays or between the hours of 8:00 p.m. and 7:00 a.m.

Time of Starting and Completing

The work to be done under this Contract is to begin within ten (10) days (Sundays and legal holidays excepted) after the project start date unless the city shall, in writing, authorize a further delay and the work shall be prosecuted diligently thereafter and shall be completed by August 28, 2026 (unless the time may be extended by the city under the provisions of the Contract).

Intermediate Contract Completion Schedule Dates

The start date for the project is: April 20, 2026

The date of final completion is: August 28, 2026

Final completion includes completion of all contract work and pay items.

Schedule Constraints:

• Linwood Avenue- must be completed between June 8, 2026 and August 7, 2026.

The Engineer will provide a punch list of defective items required to be repaired, if any, in April 2027. The contractor shall complete all punch list items by May 28, 2027. Upon completion of the punch list, the contractor shall provide the notarized contractor’s affidavit, and the city will then issue the final progress payment and release the held retainage.

If the punch list is not completed in the required timeframe, the city will hire another contractor to perform the work. The cost of this work plus 25% for planning and inspection will be deducted from the held retainage.

Coordination of Work with City Events

The Contractor shall schedule his/her work so that it is coordinated so as not to interfere whatsoever with Royal Oak City events. The coordination shall be performed at no additional cost to the Contract. Tentative dates for pertinent City of Royal Oak events affecting this project are as follows:

• Juneteenth Celebration: Friday June 19, 2026 at Centennial Commons – City offices are closed. No work allowed downtown.

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2026 Road Reconstruction Improvements CAP2635

• Woodward Dream Cruise: August 14-16, 2026 – No work allowed. All areas of work shall be cleaned and properly barricaded by end of day Thursday August

13, 2026.

• Arts, Beats and Eats: Labor Day Weekend September 4, 2026 through

September 7, 2026 –this event is downtown bringing considerable on street parking west of Alexander Avenue, east of the downtown area. No work allowed on Friday through Monday. All areas of work shall be cleaned and properly barricaded by end of day Thursday September 3, 2026.

2.7. Change in Project Quantity

The city reserves the right to increase or decrease any quantity given in the form of proposal which the city determines is in its best interest during the duration of the project. Quantity changes shall have no effect on Contract unit prices.

2.8. Storage of Equipment and Materials

Materials, tools, and equipment shall not be distributed upon or near the site of the work in such a manner as to obstruct local traffic or cause unnecessary inconvenience. The

Contractor shall be held responsible for all materials until they are finally incorporated into the work and accepted. The Contractor shall be held responsible for and make good any damage done by reason of the storage of tools, materials, and equipment.

Roadway base material may be dumped on the roadway only in the current construction area. The stockpile location shall be approved by the Engineer and protected by Type II barricades at all times. It is preferred that construction equipment be barricaded and parked in front of the pile at night. The stockpile cannot remain for longer than one (1) week in any location and, upon its removal, the area shall be swept clean the same day as its removal. Material stockpiles shall not cross the road centerline, and stockpile locations shall be as close to the high point of the roadway as possible to eliminate drainage problems. The Contractor shall not rely on the city to provide storage area(s) for equipment and materials.

2.9. Notification to Police and Fire Department

The contractor shall notify the Fire Department of the City of Royal Oak at (248) 246-3800 and Police Department of the City of Royal Oak at (248) 246-3500 whenever his/her construction work shall in any way interfere with the use of a street by fire vehicles. In case of doubt, the city may, in the interests of public safety, notify the Fire Department, but such notification shall in no way relieve the contractor of his responsibility.

2.10. Emergency Calls

The contractor shall provide a 24-hour emergency telephone number with the construction progress schedule. In the event the contractor is contacted by the City of

Royal Oak Police Department or the Engineer to respond to emergency situations, the

Royal Oak, MI 48067 248.246.3034

2026 Road Reconstruction Improvements CAP2635 contractor shall respond immediately, or the City of Royal Oak will proceed with the necessary emergency response and take all action the city deems necessary.

The contractor shall reimburse the City of Royal Oak for all expenses incurred for the emergency response upon receipt of billing.

2.11. Progress Meetings

The city plans to hold bi-weekly progress meetings at Royal Oak City Hall to review progress, construction schedule, claims, resident concerns, subcontractor coordination and any other issues related to the project.

2.12. Contractor’s Responsibility for Utility Work Coordination

The Contractor shall coordinate and cooperate in this work so as not to delay or interfere with other contractors, utility companies, and City forces working in the right-of-way or easements. The Contractor shall make every effort to coordinate his/her work with the other contractors working in the immediate area. No extra charges will be allowed because of delays due to coordinating with any utility work within the project limits.

The Contractor shall agree and hereby does agree to make no claims against the city for additional payment due to delays or other conditions created by the operations of such other parties. If there is a difference of opinion as to the respective rights of the Contractor and others doing work within the limits of or adjacent to the work being done under this

Contract, the Engineer will decide as to the respective rights of the various parties involved in order to secure the completion of the city’s work in general harmony and in a satisfactory manner, and his decisions shall be final and binding on the Contractor.

2.13. Inspection & Testing

All inspection and testing necessary for construction of the project will be provided by the city. The Contractor shall provide the number of working days required to complete the work as part of the bid, under the “Construction Observation” item of work. The Contractor shall notify the city when inspection is needed within the time limits specified under this item. The city will be responsible for marking saw cuts and removal limits in advance of the Contractor’s work.

2.14. Material Certification

All materials supplied by the contractor shall be certified in writing by the manufacturer showing that the materials supplied meet the specifications of the contract. Their certifications shall include the specification of the material supplied. No work may be done on the project with materials supplied by the contractor without a written material certification approved by the Engineer. All water main pipe, valves, hydrants, fittings and associated materials shall be manufactured in the United States.

2.15. Traffic Control

Traffic Control and Barricading

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2026 Road Reconstruction Improvements CAP2635

This work shall be done in accordance with Public Act 315 of 2003 effective April 8, 2004, accordance with Subsections 104.07.C.2, 104.11.A and 812 of the MDOT 2020 Standard

Specifications for Construction, and signing shall conform to the current edition of the

Michigan Manual of Uniform Traffic Control Devices except as otherwise specified herein.

The Contractor shall utilize a sufficient number of traffic regulators to maintain at least one lane of traffic at all times along local streets.

The traffic regulator devices shall be furnished and placed in accordance with Sections

6B through 6H of the Michigan Manual of Uniform Traffic Control Devices. W 20-1 signs must be placed in advance of all construction. When directed by the Engineer, Type III barricades with R11-2 signs shall be placed at ends of local streets that are temporarily closed or open to only one lane of traffic.

Traffic regulator devices shall consist of arrow panels, drums, cones, signing and barricades. Flag person may be required at the judgment of the Engineer.

Lighted traffic arrow boards when required, or as directed by the Engineer, are to be furnished, maintained, installed, relocated, and removed by the Contractor. No claim for additional compensation will be allowed for barricades that are stolen, damaged by traffic, or vandalized. Placement shall be as directed by the Engineer and per the requirements of the Michigan Manual of Uniform Traffic Control Devices.

The city will distribute written notification to residents regarding the project, in construction areas as required the Contractor shall sign construction areas for no parking twenty-four

(24) hours in advance of commencing any work. The "No Parking Tow Away Zone" signs will be supplied by the city; however, sign stakes or holders are the responsibility of the

Contractor. Trees CANNOT be used as signposts. Signs must be placed not more than one hundred (100) feet apart and no further than three (3) feet from the back of curb in construction areas.

The traffic regulator material shall be maintained by the Contractor during and after working hours or until, in the judgment of the engineer, the roadway is ready to be opened to traffic. The Contractor shall replace, at no additional cost, any new pavement, base, driveway or sidewalk that is damaged due to a lack of traffic regulator devices.

2.16. Permits

Refer to “General Conditions”, section 5.04 of the City of Royal Oak Standard

Specifications for Construction.

The following permits are required for this project:

• Soil Erosion and Sedimentation Control Permit from OCWRC (obtained by the city)

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2026 Road Reconstruction Improvements CAP2635

• Road Commission for Oakland County Permit (applied by city, pulled by contractor)

City of Royal Oak has or will apply for each of these permits. Where applicable, the

Contractor shall secure permits from these agencies including providing bonds, insurances, and fee deposits. The city will reimburse permit fees upon receipt of an invoice from the Contractor.

2.17. Private Property

The Contractor shall restrict his/her operations to rights-of-way, City property, or easements within private property. The Contractor shall not trespass on private property and he shall not use nor request the use of any utility, including water, from a property owner. Where the Plans indicate work outside of an easement on private property, or when the Engineer directs the Contractor to perform work outside of an easement, the city will secure a permit from the property owner prior to commencement of work.

Any damage to private property caused by the Contractor’s operations shall either be remedied by the Contractor or the property owner may file a damage claim with the

Contractor’s surety company. If the Contractor agrees to correct damage to private property, he/she shall commence and complete the work within the time limit stipulated on the written notice from the Engineer.

2.18. Excavation and Backfill

All required excavation, backfill, and compaction not covered by a pay item shall be incidental to the Contract. The Contractor shall grade all subgrade on the project to the lines and grades shown in the detail on the Plans. All additional fill material required shall be clean granular fill. The fill material, grading, and compaction shall be incidental to the

Contract. All backfill beneath pavement, base course, sidewalk, and driveway shall be compacted to 95% Modified Proctor Density. All backfill in greenbelt or lawn areas shall also be compacted to 90% Modified Proctor Density. General cleanup and rough grading shall lag no further than 200 feet behind the pipe installation (open trench), and final grading and restoration shall lag no further than 500 feet behind pipe installation.

2.19. Excess Fill and Miscellaneous Debris

All excess fill and miscellaneous debris or other material generated by the project not specified as a pay item shall be hauled away expeditiously from the project by the

Contractor to a disposal site approved by the city. The removal and disposal of the material shall be incidental to the Contract. The Contractor shall obtain a disposal site for all material generated or removed under this Contract. Disposal charges are the responsibility of the Contractor.

All miscellaneous debris and material generated by the work shall be hauled away the same day that it is generated unless approved by the Engineer.

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2.20. Haul Routes

The Contractor shall secure permission from the authorities having jurisdiction for the use of a particular road as a haul route. Loading restrictions as established by law or ordinance shall be observed.

Trucks hauling excavated material, bituminous material, concrete, sand, stone, or other loose material from or to the site shall be tight so that no spillage will occur on adjacent streets or haul routes. Before trucks start away from the site, their loads shall be carefully trimmed by hand and tires shall be cleaned if necessary.

2.21. Sweeping by Contractor

The Contractor shall be required to clean and sweep all paved surfaces that he/she has placed or disturbed, as well as those over which he/she has hauled or placed materials. The Contractor shall not rely upon hiring the city to do this work. The

Contractor shall remove spillage of concrete and compacted bituminous material from paved surfaces. Sweeping shall be performed with a self-propelled or towed street sweeper equipped with pick-up attachments and curb brushes that do not cause air-borne dust. All debris material shall be hauled and disposed of off-site. Paved surfaces shall be swept as often as necessary as directed by the Engineer.

The work of cleaning and sweeping will not be paid for separately, but payment will be considered as having been included in the contract unit prices for other contract items.

2.22. Underground Utilities

Throughout the length of the project, sanitary, storm, and combined sewers are to be maintained in a clean serviceable condition. Prior to final payment of this Contract, all utility structures within the Construction Influence Area shall be power vacuumed clean of debris.

2.23. Driveways and Sidewalks

Parking and pedestrian access to homes and businesses shall be maintained during the construction as directed by the Engineer. Crossings of entrances due to construction operations shall be minimized and temporary access shall be maintained until permanent restoration work is complete. Temporary access shall be installed using MDOT 21AA crushed concrete or temporary bituminous mixture as directed by the Engineer until permanent restoration.

Homes and businesses shall receive 24-hour written notice from the Contractor prior to removal of sidewalk or drive approach within or adjacent to a building entrance or driveway. All drive approaches and sidewalks removed shall be re-poured within ten (10) calendar days unless otherwise approved by the Engineer. The City will provide door hangers for the Contractor to distribute.

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2.24. Hydrant Usage

Water for performing work under this Contract will be provided to the Contractor by the city at hydrant locations specified by the Engineer. The Contractor shall furnish and utilize a certified backflow preventer whenever accessing a hydrant. The Contractor shall operate hydrants only in the presence of City personnel. Hydrant wrenches shall be provided by the Contractor and shall be used to open and close hydrants. Hydrants shall be opened and closed slowly to prevent disturbance in the system. The Contractor shall be held responsible for the care of hydrants that are used and shall see that they are properly opened and closed. The contractor shall pump down each hydrant after use to avoid frozen hydrants in cold weather.

2.25. Stakes and Marks

The Contractor will be paid to furnish substantial stakes and marks showing the location and elevation for various parts of the work as described in the Project Specifications. No work shall be undertaken until cut sheets for such marks and stakes have been furnished to the Engineer. The Contractor shall take due and proper precautions for the preservation of these marks and stakes and shall see to it that the work at all times proceeds in accordance therewith. Separate payment will not be made for any re-setting of these marks and stakes.

The Contractor shall have the responsibility to carefully preserve benchmarks and reference points and, in the case of destruction thereof by the Contractor, or a subcontractor or supplier, the Contractor shall be responsible for all expenses and damages resulting therefrom and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such benchmarks and reference points.

2.26. Miss Dig Notification

It will be the responsibility of the Contractor to notify utility companies seventy-two (72) hours prior to excavating by calling MISS DIG at 800.482.7171 or 811.

It is the Contractor's responsibility to protect and maintain MISS DIG markings or stakes once placed by the utility, and comply with Public Act 53, Public Acts of 1984 (Miss Dig

Law), and any amendments to that act.

2.27. Errors and Corrections in Drawing and Specifications

The Contractor shall examine and check all drawings and specifications furnished by the city for dimensions, quantities, and coordination with other parts of the work on this or related contracts and shall notify the Engineer, through the procurement portal, of any and all errors, omissions or discrepancies they may discover by examining and checking of same. The Contractor shall not be allowed to take advantage of any such error, omission or discrepancy, as full instructions will be furnished by the Engineer, and

Contractor shall carry out such instructions as if originally specified. In no case shall the

Contractor proceed with the work in uncertainty, and any work done by the Contractor

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2026 Road Reconstruction Improvements CAP2635 after discovery of any error, omission or discrepancy, until authorized, will be at the

Contractor’s risk and responsibility. The work is to be made complete and to the satisfaction of the Engineer, notwithstanding any minor omissions in the specifications or plans.

2.28. Conformity to Contract and Specifications

Proposals must be made in full conformity to all the conditions as set forth in the Contract and Specifications attached hereto.

2.29. Costs to Correct Deficiencies

The Contractor shall bear the cost of repair or replacement of any surface features, structures, sewers, water mains, water services, or sewer leads damaged as a result of his operations, as well as any work performed by the contractor that is determined by the city to be defective within the time period outlined in the Performance Maintenance and

Guarantee Bond.

Damaged structures or pipes shall be repaired or replaced to the condition at the time of damage. All repairs and replacements shall be made by the Contractor in conformance with the City of Royal Oak Standard Specifications for Construction.

The Engineer will investigate all complaints received regarding work done by the

Contractor and shall also have the right to make investigations on his/her own initiative. If, in the opinion of the Engineer, any work has not been done in accordance with the Contract, the Engineer shall immediately notify the Contractor in writing of the nature of the defect, location, remedies desired, and the time limit within which the defect shall be remedied. Should the Contractor fail to remedy the defect within the time limit allowed, the Engineer may do so with City forces and deduct the cost thereof from the amount due the Contractor at the time of final estimate; or the Engineer may, in the alternative, notify the Contractor to stop all other work under this Contract until the defect has been remedied. The city shall not be required to pay for any work done by the

Contractor in violation of any such stop order, and the amount due for any such work shall be regarded as liquidated damages due the city as a result of such breach of this Contract.

2.30. Labor and Equipment Costs for “Cost-Plus” Work

Costs furnished to the Engineer by the Contractor for labor and equipment used on any extra work to be paid on a “Cost-Plus” basis shall not exceed rates specified under current local Davis-Bacon Act labor rates and the current MDOT Equipment Rental Rates –

Schedule C. Refer to “General Conditions”, Sections 7.05 and 7.06 of the current version of the City of Royal Oak Standard Specifications for Construction.

2.31. Bond Requirements

The successful bidder will be required to execute the bonds, on the forms included in the

Contract Documents, with surety companies that are duly licensed or authorized in the

State of Michigan to issue bonds for the limits and coverages required. One bond is to be

Royal Oak, MI 48067 248.246.3034

2026 Road Reconstruction Improvements CAP2635 executed to the city and to be conditioned for the faithful performance and fulfillment of the Contract work for a period of one (1) year after the date of the final Contract payment estimate. The other bond is to be executed to the People of the State of Michigan and to be conditioned for the payment of all labor and materials used in the work and the protection of the city from all liens and damages arising therefrom; each of which bonds shall be based on 125% of the total amount of the Contract as calculated at the time the bids are received.

2.32. Title VI Compliance

The City of Royal Oak in accordance with Title VI of the Civil Rights Act of 1964, 78

Stat. 252, 42 USC 2000d-d4 and Title 49, Code of Federal Regulations, Department of

Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in

Federally Assisted Programs of Department of Transportation, and all requirements issued pursuant to such Act, hereby notifies all bidders that minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of gender, disability, race, color, sex or national origin in consideration for an award.

The Contractor shall comply with this Act as described hereafter.

A. Title VI Contract Language

During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest, (hereinafter referred to as the “Contractor”) agrees as follows:

1. Compliance with Regulations

The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21 (hereinafter referred to as the Regulations), as they may be amended from time to time, herein incorporated by reference and made a part of this Contract.

2. Nondiscrimination

The Contractor, with regard to the work performed during the Contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix

B of the Regulations.

3. Solicitations for Subcontracts, including Procurement of Materials and

Equipment

Royal Oak, MI 48067 248.246.3034

2026 Road Reconstruction Improvements CAP2635

In all solicitations either by competitive bidding or negotiations made by the

Contractor for work to be performed under a subcontract, including procurement of material for leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin.

4. Information and Reports

The Contractor shall provide all information and reports required by the

Regulation or directives issued pursuant thereto, and shall permit access to it’s books, records, accounts, other sources of information and its facilities as may be determined by the City of Royal Oak, Michigan Department of Transportation or appropriate Federal Agency to be pertinent to ascertain compliance with such

Regulations, orders and instructions. Where any information required of a

Contractor is in exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Michigan Department of

Transportation or the appropriate Federal Agency as needed, and shall set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance

In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this Contract, the City of Royal Oak shall impose such Contract sanctions as the Michigan Department of Transportation may determine to be appropriate, including, but not limited to:

A. Withholding of payments to the Contractor under Contract until the Contractor complies, and/or

B. Cancellation, termination, or suspension of the Contract, in whole or in part.

6. Incorporations and Provisions

The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the

City of Royal Oak, Michigan Department of Transportation, or appropriate

Federal Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

The successful bidder will be required to execute the bonds, on the forms included in the Contract Documents, with surety companies that are duly licensed or authorized in the State of Michigan to issue bonds for the limits and coverages required. One bond is

Royal Oak, MI 48067 248.246.3034

2026 Road Reconstruction Improvements CAP2635 to be executed to the city and to be conditioned for the faithful performance and fulfillment of the Contract work for a period of one (1) year after the date of the final

Contract payment estimate. The other bond is to be executed to the People of the State of Michigan and to be conditioned for the payment of all labor and materials used in the work and the protection of the city from all liens and damages arising therefrom; each of which bonds shall be based on 125% of the total amount of the Contract as calculated at the time the bids are received.

2.33. Retainage

To assure proper performance of a construction contract by the contractor, the city shall retain a portion of each progress payment otherwise due as provided in this section.

1. The retainage shall be limited to the following:

a. Not more than 10% of the dollar value of all work in place until work is

50% in place.

b. After the work is 50% in place, additional retainage shall not be withheld unless the city determines that the contractor is not making satisfactory progress, or for other specific cause relating to the contractor's performance under the contract. If the city so determines, the city may retain not more than 10% of the dollar value of work more than 50% in place.

c. The retained funds shall not exceed the pro rata share of the city's matching requirement under the construction contract, if any, and shall not be commingled with other funds of the city and shall be deposited in an interest bearing account in a regulated financial institution in this state wherein all such retained funds are kept by city which shall account for both retainage and interest on each construction contract separately. A city is not required to deposit retained funds in an interest bearing account if the retained funds are to be provided under a state or federal grant and the retained funds have not been paid to the city.

d. Except as provided below, retainage and interest earned on retainage shall be released to a contractor together with the final progress payment.

e. At any time after 94% of work under the contract is in place and at the request of the original contractor, the city shall release the retainage plus interest to the original contractor only if the original contractor provides to the city an irrevocable letter of credit in the amount of the retainage plus

Royal Oak, MI 48067 248.246.3034

2026 Road Reconstruction Improvements CAP2635 interest, issued by a bank authorized to do business in this state, containing terms mutually acceptable to the contractor and the city.

2. Retention of progress payment; dispute resolution the parties agree to submit those matters described in retainage, hereinabove, to the decision of an agent at the option of the city. If a dispute regarding a matter described in RETAINAGE arises, the contractor and the city shall designate an agent who has background, training, and experience in the construction of facilities similar to that which is the subject of the contract, as follows:

a. In an agreement reached within 10 days after a dispute arises.

b. If an agreement cannot be reached within 10 days after a dispute arises, the city shall designate an agent who has background, training, and experience in the construction of facilities similar to that which is the subject of the contract and who is not an employee of the agency.

3. The city may request dispute resolution by the agent regarding the following:

a. At any time during the term of the contract, to determine whether there has been a delay for reasons that were within the control of the contractor, and the period of time that delay has been caused, continued, or aggravated by actions of the contractor.

b. At any time after 94% of work under the contract is in place, whether there has been an unacceptable delay by the contractor in performance of the remaining 6% of work under the contract. The agent shall consider the terms of the contract and the procedures normally followed in the industry and shall determine whether the delay was for failure to follow reasonable and prudent practices in the industry for completion of the project.

4. This dispute resolution process shall be used only for the purpose of determining the rights of the parties to retain funds and interest earned on retained funds and is not intended to alter, abrogate, or limit any rights with respect to remedies that are available to enforce or compel performance of the terms of the contract by either party.

5. The agent may request and shall receive all pertinent information from the parties and shall provide an opportunity for an informal meeting to receive comments, documents, and other relevant information in order to resolve the dispute. The agent shall determine the time, place, and procedure for the informal meeting. A written decision and reasons for the decision shall be given to the parties within 14 days after the meeting.

6. The decision of the agent shall be final and binding upon all parties. Upon application of either party, the decision of the agent may be vacated by order of the circuit court

Royal Oak, MI 48067 248.246.3034

2026 Road Reconstruction Improvements CAP2635 only upon a finding by the court that the decision was procured by fraud, duress, or other illegal means.

7. If the dispute resolution results in a decision:

a. That there has been a delay as described in subsection (3)(a), all interest earned on retained funds during the period of delay shall become the property of the city.

b. That there has been unacceptable delay as described in subsection (3)(b), the city may contract with a subsequent contractor to complete the remaining 6% of work under the contract, and interest earned on retained funds shall become the property of the city. A subsequent contractor under this subdivision shall be paid by the city from the following sources until each source is depleted, in the order listed below:

i. The dollar value of the original contract, less the dollar value of funds already paid to the original contractor and the dollar value of work in place for which the original contractor has not received payment.

ii. Retainage from the original contractor, or funds made available under a letter of credit provided under section 3(5).

iii. Interest earned on retainage from the original contractor or funds made available under a letter of credit provided under section 3(5).

8. If the city contracts with a subsequent contractor as provided in subsection (7)(b), the final progress payment shall be payable to the original contractor within the time period specified in section 2(3). The amount of the final progress payment to the original contractor shall not include interest earned on retained funds. The city may deduct from the final progress payment all expenses of contracting with the subsequent contractor. This act shall not impair the right of the city to bring an action or to otherwise enforce a performance bond to complete work under a construction contract.

3. SCOPE OF WORK

3.1. Project Specifications and Plans

See attachments for project specifications and applicable exhibits or plans.

4. PROPOSAL

The submitting bidder, declares that, having carefully examined the site of the proposed work and informed himself fully in regard to the conditions to be met in the performance of the work and having read and examined the Instructions to Bidders, form of Contract, Plans, and Specifications pertaining to this work, he proposes to furnish all materials, Royal Oak, MI 48067 248.246.3034

2026 Road Reconstruction Improvements CAP2635 tools, equipment, transportation, labor, supervision, and all else necessary for the satisfactory and complete construction of certain work as described below in full accordance with, and in complete conformity to, the Plans and Specifications for this work now on file in the office of the City Engineer, City Hall, Royal Oak, Michigan, at and for the following prices named below, to wit:

FORM OF PROPOSAL CAP2635

Line Item Description Nakota Greenway Maplewood Speed

Humps Total

Quantity Unit of

Measure Unit Cost Total

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