20E014 Hampshire Dr Bid Package.pdf

“Our mission is to upgrade and maintain a safe and efficient road system”

GRAND TRAVERSE COUNTY ROAD COMMISSION

IN PARTNERSHIP WITH ACME TOWNSHIP

HAMPSHIRE DR SAD

CONTRACT # 20E014

APRIL 24, 2025

“Our mission is to upgrade and maintain a safe and efficient road system”

GRAND TRAVERSE COUNTY ROAD COMMISSON SCHEDULE OF ITEMS

20E014 HAMPSHIRE DR PAGE 1 OF 1

20E014 HAMPSHIRE DR – SCHEDULE OF ITEMS

PayItemCode Description Quantity Units

1100001 Mobilization, Max 5% 1 LSUM

5012024 HMA, 4EL 1214 TON

5012036 HMA, 5EL 607 TON

3020001 Aggregate Base 729 TON

3070021 Approach, Cl II 5 TON

3050002 HMA Base Crushing and Shaping 12,100 SYD

3057011 HMA Base Crushing and Shaping, Mod 230 SYD

5010005 HMA Surface, Rem 1,080 FT

5010061 HMA Approach 203 FT

2040050 Pavt, Rem 81 FT

8010005 Driveway, Nonreinf Conc, 6 inch 81 FT

8050010 Curb Slp, HMA 633 EA

8147011 _HMA Spillway 20 EA

8130010 Riprap, Plain 15 EA

2050006 Ditch Cleanout 0.33 EA

8070095 Post, Mailbox 50 EA

8162001 Slope Restoration, Non-Freeway, Type A 1,861 FT

8162003 Slope Restoration, Non-Freeway, Type C 736 SYD

3070200 Trenching 84 LSUM

8127051 _Temporary Traffic Control 1 LSUM

3070121 Shld, Cl II 334 TON

GRAND TRAVERSE COUNTY ROAD COMMISSON TABLE OF CONTENTS

25E200 2025 Chip Seal Program PAGE 1 OF 1

GRAND TRAVERSE COUNTY ROAD COMMISSION

TABLE OF CONTENTS

COVER SHEET

SCHEDULE OF ITEMS

TABLE OF CONTENTS

ADVERTISEMENT FOR BID

INSTRUCTIONS TO BIDDERS

CONSTRUCTION CONTRACT

GENERAL SPECIFICATIONS

PROGRESS CLAUSE

LOG OF PROJECT

PROJECT CONSTRUCTION PLAN

SPECIAL PROVISIONS

HMA Base Crushing and Shaping, Modified

Maintaining Traffic

Slope Restoration

HMA Mixture Acceptance

BID FORM

BID BLANK

AFFADAVIT OF NON-COLLUSION

GRAND TRAVERSE COUNTY ROAD COMMISSON ADVERTISEMENT FOR BID

20E014 HAMPSHIRE DR PAGE 1 OF 2

ADVERTISEMENT FOR BIDS

HAMPSHIRE DR SAD

GRAND TRAVERSE COUNTY ROAD COMMISSION

Sealed Proposals on forms prepared by the Engineer will be received by GRAND TRAVERSE COUNTY ROAD COMMISSION at 1881 LAFRANIER ROAD, TRAVERSE CITY, MI 49696-8911 until 9:00 A.M. (local time) on MAY 20, 2025 for construction in accordance with Plans, Specifications and other Contract Documents prepared by GRAND TRAVERSE COUNTY ROAD COMMISSION. Proposals will be publicly opened and read immediately after the time established above.

Project Location: Hampshire Dr., Acme Township, Grand Traverse County, Michigan

Principal items of work include, but are not limited to:

HMA Base Crushing and Shaping: 12100 Syd HMA Base Crushing and Shaping, Mod 230 Syd Pavt, Rem 81 Syd Aggregate Base: 729 Ton Trenching 84 Sta Ditch Cleanout: 0.33 Sta Shld, Cl II 334 Ton HMA, 4EL: 1214 Ton HMA, 5EL: 607 Ton HMA, Approach: 203 Ton Driveway, Nonreinf Conc, 6 inch: 81 Syd Post, Mailbox: 50 Ea Approach, Cl II: 5 Ton HMA Surface, Rem: 1080 Syd Slope Restoration, Type A: 1861 Syd Slope Restoration, Type C: 736 Syd

Plans, Specifications, and other Contract Documents may be examined at the following location.

GRAND TRAVERSE COUNTY ROAD COMMISSION; Traverse City, Michigan

Plans, Specifications and other Contract Documents may be obtained upon application at the office of GRAND TRAVERSE COUNTY ROAD COMMISSION, upon the payment of $60.00 per set plus $10.00 per set if mailed. Plans and specifications will not be mailed until payment is received. The non-refundable fee shall be in check form and shall be drawn payable to GRAND TRAVESE COUNTY ROAD COMMISSION. The OWNER’s address is GRAND TRAVERSE COUNTY ROAD COMMISSION, 1881 LAFRANIER ROAD, TRAVERSE CITY, MI 49696-8911 and the telephone number is 231-922-4848.

Each proposal shall be accompanied by an acceptable form of Bid Bond in an amount equal to at least five percent (5%) of the amount of the Proposal payable to GRAND TRAVERSE COUNTY ROAD COMMISSION as a guaranty that if the Proposal is accepted, the Bidder will execute the Contract and file acceptable Performance, Labor and Material Payment and Maintenance and Guarantee Bonds within 10 days after, and as a condition precedent to the award of the Contract.

GRAND TRAVERSE COUNTY ROAD COMMISSON ADVERTISEMENT FOR BID

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The GTCRC reserves the right to reject any, all, or portions of the Proposals received, or to negotiate separately with any source whatsoever in any manner necessary to serve the best interest of the GRAND TRAVERSE COUNTY ROAD COMMISSION, and to waive any formality or technicality in any Proposal in the intersect of the GTCRC.

GRAND TRAVERSE COUNTY ROAD COMMISSON INSTRUCTIONS TO BIDDERS

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INSTRUCTIONS TO BIDDERS

ARTICLE 1 - DEFINED TERMS

1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the Construction Contract and the General Specifications. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof:

Bidder — The individual or entity who submits a Bid directly to the Road Commission.

Drawings or Plans – The terms drawing or plans as used in these documents may mean project specific drawing sheets, log scoping documents, or any other document setting forth the scope of the Work under the Contract.

Issuing Office — The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

Successful Bidder — The Bidder submitting a responsive Bid to whom the Road Commission (on the basis of the Road Commission's evaluation as hereinafter provided) makes an award.

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the fee, if any, stated in the Advertisement or Invitation to Bid shall be obtained from the Issuing Office. The fee is nonrefundable unless specifically stated otherwise in the proposal. Payment of the plan fee, and any applicable shipping charges must be received by the Issuing Office before copies of the Bidding Documents are issued. Before issuance of Bidding Documents, the name, address, email address, phone number and fax number of the person to whom the documents are issued shall be provided to the Issuing Office.

2.02 Complete sets of Bidding Documents obtained from the issuing office must be used in preparing Bids; the Road Commission does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 The Road Commission in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder's qualifications to perform the Work, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below.

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A. List of related project experience complete with dollar value of contract, type of work, project owner and project owner’s representative and phone number.

B. Current work now under contract or anticipated during the life of the project. Include project name, type, dollar value, completion date and percentage presently complete.

C. Equipment list. Provide list of construction equipment presently owned and/or leased along with the equipment intended to be used on the project.

D. List of suppliers and subcontractors.

E. Bid Bond.

F. Bidder Qualification Statement with supporting data.

G. Affidavit of Non-Collusion.

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,

AND SITE

4.01 On request, the Road Commission will provide Bidder access to the Site to conduct examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. A Right of Way Permit may be required for work within the Right of Way as a condition to access.

Any fees for the Right of Way Permit will be waived by the Road Commission.

4.02 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local laws, rules, codes, and regulations that may affect cost, progress, or performance of the Work;

D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided by the Road Commission, if any, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions.

E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous

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to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the materials, means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific materials, means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by the Road Commission and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;

I. promptly give the Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.03 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific materials, means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 - PRE-BID CONFERENCE

A mandatory pre-bid conference will not be required on this Project.

ARTICLE 6 - SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

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ARTICLE 7 - INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to the Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed, emailed, or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than _3_ days prior to the date for opening of Bids may not be answered.

Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by the Road Commission or the Engineer.

ARTICLE 8 - BID SECURITY – A Bid security will be required for this Project.

8.01 A Bid must be accompanied by Bid security made payable to the Road Commission in an amount of 5% of Bidder's maximum Bid price and in the form of a certified or bank check, money order or a Bid Bond on an AIA form issued by a surety meeting the requirements of paragraph 6 of the General Specifications.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within _10_ days after the Notice of Award, the Road Commission may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom the Road Commission believes to have a reasonable chance of receiving the award may be retained by the Road Commission until the earlier of 7 days after the Effective Date of the Agreement or 30 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom the Road Commission believes do not have a reasonable chance of receiving the award will be returned within _15_ days after the Bid opening.

ARTICLE 9 - CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Contract.

ARTICLE 10 - LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Contract.

ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-

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equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to the Road Commission, application for such acceptance will not be considered by the Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the General Specifications and may be supplemented in the General Requirements.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A bid must be accompanied by a list of the subcontractors, suppliers, individuals, or entities proposed for the Work. Such list shall include the portion of the work the subcontractor will be performing and shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity. If the Road Commission, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, the Road Commission may, before the Notice of Award is given, request the apparent Successful Bidder to submit a substitute, without an increase in the Bid.

12.02 If the apparent Successful Bidder declines to make any such substitution, the Road Commission may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder.

Any subcontractor, supplier, individual, or entity so listed and against which the Road Commission makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to the Road Commission subject to revocation of such acceptance after the Effective Date of the Agreement as provided in the General Specifications.

12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 - PREPARATION OF BID

13.01 The Bid form is included with the Bidding Documents. Additional copies may be obtained from the issuing office.

13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each [section, Bid item, alternative, adjustment unit price item, and unit price item] listed therein, or the words "No Bid," "No Change," or "Not Applicable" entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

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13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature.

13.06 A Bid by an individual shall show the Bidder's name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature.

13.08 All names shall be typed or printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form.

13.10 The address, email, and telephone number for communications regarding the Bid shall be shown.

ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS

14.01 Unit Price

Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

The total of all Bid prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined as follows:

1. For all Unit Price Work, initially the Contract Price will be deemed to include an amount equal to the sum of the Unit Price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by the Road Commission pursuant to the General Specifications.

2. Each Unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item.

3. Discrepancies between the multiplication of units of Work and Unit Prices will be resolved in favor of the Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the

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correct sum. Discrepancies between words and figures will be resolved in favor of the words.

Bidders shall submit a Bid on a Unit Price basis for the base Bid and include a separate price for each alternate described in the Bidding Documents as provided in the Bid form, if any. The price for each alternate will be the amount added to or deleted from the base Bid if the Road Commission selects the alternate. In the evaluation of Bids, alternates will be applied in the same order as listed in the Bid form.

ARTICLE 15 - SUBMITTAL OF BID

15.01 Bids may be submitted by either completing the Bid forms in the bound documents provided or by completing copies made from the Bid forms in the documents provided. A Bid shall include the completed Bid form, Bid security and other material identified for inclusion with the Bid.

15.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to GRAND TRAVERSE COUNTY ROAD COMMISSION, 1881 LAFRANIER ROAD, TRAVERSE CITY, MI 49696-8911.

15.03 Bids submitted by facsimile, email, in any another electronic form will not be considered.

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with the Road Commission and promptly thereafter demonstrates to the reasonable satisfaction of the Road Commission that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 - OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts

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of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid form, but the Road Commission may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 - AWARD OF CONTRACT

19.01 The Road Commission reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. The Road Commission further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. The Road Commission may also reject the Bid of any Bidder if the Road Commission believes that it would not be in the best interest of the Project to make an award to that Bidder. The Road Commission also reserves the right to waive any or all formalities or nonconformities, and to negotiate contract terms with the Successful Bidder. Any such waiver shall not affect the validity of the Contract or affect the right of the Road Commission to enforce any provision of the Contract.

By submitting this Bid, the Bidder waives any and all claims against the Road commission related to the Road Commission’s selection of the Successful Bidder.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, the Road Commission will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 In evaluating Bidders, the Road Commission will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 The Road Commission may conduct such investigations as the Road Commission deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, the Road Commission will award the Contract to the Bidder whose Bid is in the best interests of the Project and the Road Commission.

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ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

20.01 Paragraphs 5 and 6 of the General Specifications, as may be modified by the Supplementary Conditions, set forth the Road Commission’s requirements as to Bonds and Insurance. When the Successful Bidder delivers the executed Agreement to the Road Commission, it must be accompanied by such Bonds and Insurance.

ARTICLE 21 - SIGNING OF AGREEMENT

21.01 When the Road Commission gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto.

Within _7_ days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to the Road Commission. The Road Commission shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

GRAND TRAVERSE COUNTY ROAD COMMISSON CONSTRUCTION CONTRACT

Hampshire Dr. PAGE 1 OF 8

GRAND TRAVERSE COUNTY ROAD COMMISSION

CONSTRUCTION CONTRACT

PROJECT: 20E014 Hampshire Dr SAD

LOCATION: Acme Township, Grand Traverse County Michigan

THIS CONTRACT is made this ____ day of ________, 2025, by and between GRAND TRAVERSE COUNTY ROAD COMMISSION, a quasi-municipal corporation and a duly organized County Road Commission in the State of Michigan, of 1881 LaFranier Road, Traverse Road Commission, Michigan 49696 (the “Road Commission”) and _________________, a corporation, whose address is ___________________________, (the “Contractor”);

WHEREAS, the parties wish to accomplish improvements at the above location (the “Site”) and have solicited and submitted a bid for such improvements;

THEREFORE, the parties mutually agree as follows:

1. Contract Documents. The following designated documents shall be deemed to be a part of this Contract:

Advertisement Information to Bidders Instructions to Bidders Affidavit of Non-Collusion Bid Legal Status of Bidder Performance Bond with maintenance and guarantee obligations Payment Bond Notice of Award Notice to Proceed Authorization of Change(s) Work Item Descriptions General Specifications Supplemental Specifications Special Provisions MDOT Frequently Used Special Provisions Plans and Details Progress Clause and Schedule Contractor Safety Plan Pre-Construction Meeting Minutes Reports

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Michigan Department of Transportation Standard Specifications for Construction

Where sections of the MDOT Standard Specifications for Construction are incorporated by reference in the applicable Contract Documents, the term “Department” as used in the MDOT Standard Specifications for Construction shall mean the "Road Commission."

Grand Traverse County Road Commission Standards and Specifications Addenda

2. Performance. Contractor agrees to perform the work as specified in the Contract

Documents.

3. Progress Clause. The services to be rendered under this Contract shall commence upon issuance of the Notice to Proceed. The Contract working time, substantial completion date and final completion date shall be as provided in the Progress Clause.

4. Contract Price. The Road Commission agrees to pay the Contractor the Unit Prices provided in the attached bid(s), specifications and other Contract Documents in the time and manner therein provided. The total estimated price for all Work described herein shall be ______, more or less, to be paid pursuant to the procedures established in the Contract documents.

5. Independent Contractor. The relationship of the Contractor to the Road Commission is that of an independent contractor and in accordance therewith, the Contractor covenants and agrees to conduct itself consistent with such status and that neither it nor its employees, officers or agents will claim to be an officer, employee or agent of the Road Commission or make any claim, demand or application to or for any rights or privileges applicable to any officer or employee of same, including but not limited to worker’s compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership or credit. The parties do not intend the services provided by the Contractor to be a joint venture.

6. Recovery of Money. Whenever, under this Contract, any sum of money shall be recoverable from or payable by the Contractor to the Road Commission, the same amount may be deducted from any sum due to the Contractor under this Contract or under any other contract between the Contractor and the Road Commission. The rights of the Road Commission are in addition and without prejudice to any other right the Road Commission may have to claim the amount of any loss or damage suffered by the Road Commission on account of the acts or omissions of the Contractor.

7. General Warranty and Guarantee. Contractor’s obligation to perform and complete the

Work in accordance with the Contract Documents shall be absolute. For one year after the date of final payment, the Contractor shall maintain and repair the Work. Any Work which is found to be defective shall promptly and without cost to the Road Commission and in accordance with the Road Commission’s written instructions, be corrected or replaced with non-defective Work. If the Road Commission determines that Work must

Hampshire Dr. PAGE 3 OF 8 be replaced, the Contractor shall promptly replace the Work. If the Contractor believes that replacement of the Work was unreasonable and only repair of the Work should have been ordered by the Road Commission, the Contractor may submit a written request with the Road Commission for the difference in cost, and, if the Road Commission disagrees with said request, may pursue such request in accordance with the dispute resolution procedure established in this Contract. If the Contractor does not promptly repair or replace the Work pursuant to the Road Commission’s directions, the Road Commission may itself correct the defective Work or may have the defective Work corrected by another contractor. The Contractor shall pay all of the Road Commission’s costs and expenses, including Road Commission overhead costs and attorney fees associated with the repair or replacement of the defective Work. Where defective Work has been corrected or removed and replaced under this paragraph, the correction period with respect to such Work will be extended for an additional term of one year after such correction or removal and replacement has been completed. These obligations are in addition to any other obligation provided by law or this Contract or warranty.

None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a waiver of Contractor’s obligation to perform the Work in accordance with the Contract Documents:

A. observation or failure to observe by the Road Commission, its agents, or employees;

B. payment by the Road Commission of any progress payment;

C. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Road Commission;

D. use or occupancy of the Work or any part by the Road Commission;

E. any acceptance by the Road Commission, its agents, or employees or any failure to do so;

F. any inspection or test by the Road Commission, its agents, or employees;

G. approval by others; or

H. any correction of defective Work by the Road Commission.

8. Qualifications of the Contractor. The Contractor specifically represents and agrees that its officers, employees, agents and consultants have and shall possess the experience, knowledge, and competence necessary to qualify them individually for the particular duties they perform hereunder and to perform the Work.

Hampshire Dr. PAGE 4 OF 8 o The Contractor must be pre-qualified by the Michigan Department of Transportation for the Work to be performed under this Contract.

9. Notice. Whenever it is provided in this Contract that a notice or other communication is to be given or directed to either party, the same shall be given or directed to the respective party at its address as specified in this Contract, or at such other address as either party may, from time to time, designate by written notice to the other.

10. Termination. This Contract may be terminated in accordance with the provisions of subsections 108.11 and 108.12 of the MDOT Standard Specifications for Construction.

11. Dispute Resolution. If any party has a dispute with another arising out of or relating to the meaning, operation or enforcement of this Contract or any provision of this Contract or any of the applicable Contract Documents, the disputing parties will attempt in good faith to resolve any such dispute promptly by negotiations between the Contractor and the Engineer. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 20 days after delivery of the notice, the Contractor and the Engineer will meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the dispute. All negotiations pursuant to this clause are confidential and will be treated as compromise and settlement negotiations for purposes of the Federal Rule of Evidence and Michigan Rules of Evidence. If the matter has not been resolved within 60 days of the disputing party’s notice or if the parties fail to meet within 20 days, either party may initiate mediation of the controversy or claim as provided below.

A. Mediation. If the dispute has not been resolved by negotiation as above, the parties will endeavor to settle it by mediation and shall utilize the services of a mutually acceptable neutral mediator, who meets the qualifications of MCR 2.411(F), to bring them together in at least one mediation session. The entire mediation process will be confidential, and the parties and the mediator will not disclose to any person who is not associated with participants in the process any information regarding the process, contents, settlement terms, or outcome of the proceeding. The mediation will be treated as a compromise negotiation within the meaning of the Federal Rules of Evidence and the Michigan Rules of Evidence.

B. Arbitration. Any dispute arising out of or relating to this Contract or the applicable Contract Documents or their breach that has not been resolved by negotiation or mediation within time frame set forth below will be finally settled by binding arbitration conducted expeditiously in accordance with the rules of the American Arbitration Association (AAA) by a sole arbitrator. The arbitration will take place in Grand Traverse County, Michigan, and will be governed by the Federal Arbitration Act, 9 USC 1- 16, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction. The arbitration will be governed by the laws

Hampshire Dr. PAGE 5 OF 8 of the State of Michigan. The arbitrator is not empowered to award damages in excess of compensatory damages or any lawful limitations on damages provided in this Contract or the applicable Contract Documents.

The procedures specified in this section will be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Contract and/or the applicable Contract Documents;

however, a party may seek a preliminary injunction or other provisional jurisdictional relief if in its judgment such action is deemed necessary to avoid irreparable damage or to preserve the status quo. Despite such action the parties will continue to participate in good faith in the procedures specified in this section.

C. Venue. All meetings, hearings and actions to resolve the dispute shall be in Grand Traverse County.

D. Notice. Written notice of a dispute shall be given to the other party not later than 90 days after the occurrence giving rise to the dispute becomes known or should have become known. Mediation shall occur within 120 days after such notice. Unless a longer time is agreed upon, arbitration must be demanded within 180 days after such notice and, if not, the claim is deemed waived. Arbitration must be demanded within this time limit even if negotiation or mediation has not occurred, but the arbitrator must direct the parties to mediation before issuing an award.

E. Work Continuance and Payment. Unless otherwise agreed in writing, Contractor shall continue the Work and maintain the approved schedules during any dispute resolution proceedings. If Contractor continues to perform, the Road Commission shall continue to make payments in accordance with this Agreement.

F. Emergency Injunctive Relief. Nothing in this Contract shall prohibit the Road Commission from seeking emergency injunctive relief from any court of competent jurisdiction, should the situation warrant it under MCR 3.310.

G. Agent Dispute Resolution. Notwithstanding the above, at the option of the Road Commission, the Road Commission and the Contractor shall submit the following matters to a person with background, training, and experience in similar projects:

1. 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.

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2. To determine whether there has been an unacceptable delay by the contractor in the performance of the remaining Work under the contract any time after 94% of the Work is in place.

The agent selected must be mutually agreeable to the Road Commission and the Contractor provided that the Road Commission and the Contractor can mutually agree within 10 days from the date of the dispute. In the event that the parties cannot agree, the agent shall be selected by the Road Commission. The agent shall not be an employee of either party. This process shall be governed by and subject to the provisions of MCL 125.1564(4) – (8).

12. Entire Contract. This Contract, together with all accompanying applicable Contract

Documents and items incorporated herein by reference, constitutes the entire Contract of the parties and there are no valid promises, conditions or understandings which are not contained herein.

13. Amendments. This Contract may be modified from time to time, but such modifications shall be in writing and signed by both parties.

14. Interpretation. This Contract shall be governed by the laws of the State of Michigan, both as to interpretation and performance. This Contract was drafted at the joint direction of the parties. The pronouns and relative words used herein are written in the neuter and singular.

However, if more than one person or entity joins in this Contract on behalf of Contractor, or if a person of masculine or feminine gender joins in this Contract on behalf of Contractor, such words shall be interpreted to be in the plural, masculine or feminine as the sense requires.

References to standards, specifications, manuals, or codes of any technical society organization, or association shall mean the standard, specification, manual, code, or law or regulation in effect at the time of opening the Bid or the date of this Agreement, whichever occurs first, except as otherwise stated or required by law or regulation. References to any law, rule, or regulation shall mean the law, rule, or regulation in effect at the time the Work or any portion thereof is performed by the Contractor.

15. Authority to Execute. The parties agree that the signatories appearing below have the authority and are duly authorized to execute this Contract on behalf of the party to the Contract.

16. Third Party Beneficiaries. This Contract confers no rights or remedies on any third party, other than the parties to this Contract and their respective successors and permitted assigns.

17. Reuse of Documents. All documents and electronic files delivered to the Road

Commission are instruments of service in respect of the project. Nevertheless, all documents and electronic files delivered to the Road Commission shall become

Hampshire Dr. PAGE 7 OF 8 property of the Road Commission upon completion of the Work and payment in full of all monies due the Contractor. Copies of the Road Commission-furnished data that may be relied upon by the Contractor are limited to the printed copies (also known as hard copies) that are delivered to the Contractor. Files on electronic media of text, data or graphics or of other types that are furnished by the Road Commission to the Contractor are only for convenience of the Contractor. Any conclusion of information obtained or derived from such electronic files will be at the user’s sole risk. Economic benefit to the Road Commission for having these files is predicated on the files being in media form, software release number and hardware operating system number as utilized by the Contractor. Copies of documents that may be relied upon by the Road Commission are limited to the printed copies (also known as hard copies) that are signed or sealed by the Contractor. Files on electronic media of text, data or graphics or of other types that are furnished by the Contractor to the Road Commission shall be in a compatible software format for use by the Road Commission. Any conclusions or information obtained or derived from such electronic files will be at the user’s sole risk. Electronic file copies of drawings will not contain the Contractor’s seal or the identification of the Contractor in the title block.

18. Digital Signatures. The parties hereto acknowledge and agree under the Uniform

Electronic Transactions Act, MCL 450.832, et seq. that this Contract may be executed with the electronic signature of any person authorized and required to sign on behalf of the parties hereto.

19. Execution in Counterparts. This Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument.

20. No Waiver. No waiver by any party of any default by another party in the performance of any portion of this Contract shall operate or be construed as a waiver of any future default, whether like or different in character.

21. Costs and Expenses. Contractor shall be responsible for reasonable attorney fees and costs incurred by the Road Commission in connection with recovery under the bonds furnished by Contractor or any of its subcontractors under this Contract as well as any reasonable attorney fees and costs incurred by the Road Commission in connection with the Contractor’s performance or failure to perform under this Contract. Costs that may be charged to the Contractor include, but are not limited to, all costs and expenses incurred by the Road Commission in connection with performing any portion of the Work that the Contractor fails and refuses to perform following notice to the Contractor. In case of an emergency, where in the opinion of the Engineer, delay would cause serious loss or damage, or presents a safety hazard to the traveling public, corrective work may be undertaken without advance notice to Contractor, and Contractor shall be liable for all costs and expenses incurred. The remedies set forth in this paragraph are cumulative of any other remedies the Road Commission may have.

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IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date and year first above written.

CONTRACTOR

By

Its

GRAND TRAVERSE COUNTY ROAD

COMMISSION

By Haider Kazim, Chairperson

By:

Kylie Hendges, Clerk

APPROVED AS TO SUBSTANCE: APPROVED AS TO FORM:

Dan Watkins Karrie A. Zeits Road Commission Manager Road Commission General Counsel

GRAND TRAVERSE COUNTY ROAD COMMISSON GENERAL SPECIFICATIONS

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GENERAL SPECIFICATIONS

1. DEFINITIONS.

For the purpose of these specifications, the following terms are used herein and are respectively defined as follows:

A. "Road Commission" shall mean the Grand Traverse County Road Commission represented by the County Highway Engineer. Where sections of the MDOT Standard Specifications for Construction are incorporated by reference within the applicable Contract Documents, the term “Department” as used in the MDOT Standard Specifications for Construction shall mean the "Road Commission."

B. "Engineer" shall mean the County Highway Engineer of the Road Commission.

C. "Board" shall mean the Board of Grand Traverse County Road Commissioners.

D. "Contractor" shall mean the individual, partnership, corporation or a combination of any or all jointly, undertaking the execution of the Work under the terms of the Contract and acting directly or through agents or employees.

E. The Abbreviations provided under subsection 101.02 of the MDOT Standard

Specifications for Construction and the Definitions provided under subsection

101.03 of the MDOT Standard Specifications for Construction are incorporated herein by reference.

2. PERFORMANCE/MDOT STANDARD SPECIFICATIONS/CONTRACT DOCUMENTS.

Unless a different form, procedure, provision, term, condition, method, or specification is provided within the Road Commission’s Contract Documents, the Contractor and the Engineer shall adhere to and perform the Contract in accordance with the requirements set forth in Division 1, Sections 101 through 110, of the 2020 Michigan Department of Transportation Standard Specifications for Construction (the “MDOT Standard Specifications”). Subsection

104.10 of the MDOT Standard Specifications is specifically excluded and in no case shall the provisions of subsection 104.10 of the MDOT Standard Specifications apply to the Project.

If the Contractor believes a conflict, error, ambiguity, or discrepancy exists within the Contract Documents or between the Contract Documents and any provisions of any law or regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any supplier, Contractor shall report it to the Engineer in writing at once and request an amendment or supplement to the Contract documents by the Engineer. In the event that the Contractor proceeds with the Work without an amendment or supplement issued by the Engineer, Contractor shall assume all risk in performing the Work without such amendment or supplement, which shall include but not be limited to the risk that the Work performed shall be required to be removed, replaced, or corrected by the Road Commission.

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3. ENGINEER’S STATUS.

The Engineer will be the Road Commission’s representative during construction of the Project.

The Engineer shall have the authority as set forth in subsection 104.01 of the MDOT Standard Specifications for Construction.

4. SUBSURFACE AND PHYSICAL CONDITIONS

A. Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been provided to the Contractor are as follows:

B. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been provided to the Contractor are as follows:

5. INSURANCE.

The Contractor is required to provide the following insurance. If any part of the Contract is sublet, insurance shall be provided by the Contractor on behalf of subcontractors to cover their operations. The insurance shall be contracted with a company licensed to do business in the State of Michigan and shall be subject to the approval of the Road Commission. Certified copies in duplicate, setting forth the limits and coverage shall be furnished to the Road Commission before commencing with any Work and at the time of executing this Contract.

The policy shall contain endorsements stating that a 10 day notice will be given to the Road Commission prior to termination or any change in the policy, shall provide an endorsement stating that the Road Commission, its board,…