23-1095 WELCOME PARK AND WAYFINDING SPECIFICATIONS FOR BID.pdf

Shelby Township Signage Shelby Township Macomb County, Michigan

Brad Bates Shelby Township 52700 Van Dyke Ave Shelby Township, MI 48316

PEA Group Project No. 2023-1095 7927 Nemco Way #115 Brighton, MI 48116

Shelby Township Signage Index Project No. 23-1095 Page 1 of 2

INDEX PAGE NO.

INVITATION FOR BIDS

INSTRUCTIONS TO BIDDERS

NOTICE TO BIDDERS

PROPOSAL

THE AGREEMENT

GENERAL CONDITIONS

CONTRACTOR’S DECLARATION

CONTRACTORS AFFIDAVIT

PERFORMANCE BOND

LABOR MATERIAL EQUIPMENT RENTAL BOND

MAINTENANCE AND GUARANTEE BOND

GENERAL SPECIFICATIONS

SUPPLEMENTAL SPECIFICATIONS

SPECIFICATIONS – SECTION 01 30 00 – ADMINISTRATIVE REQUIREMENTS

SPECIFICATIONS – SECTION 01 33 00 – SUBMITTAL PROCEDURES

SPECIFICATIONS – SECTION 01 40 00 – QUALITY REQUIREMENTS

SPECIFICATIONS – SECTION 01 60 00 – PRODUCT REQUIREMENTS

SPECIFICATIONS – SECTION 01 70 00 – EXECUTION AND

CLOSEOUT REQUIREMENTS

SPECIFICATIONS – SECTION 03 30 00 – CAST IN PLACE CONCRETE

SPECIFICATIONS – SECTION 05 50 00 – METAL FABRICATION

SPECIFICATIONS – SECTION 09 91 13 – EXTERIOR PAINT

Shelby Township Signage Index Project No. 23-1095 Page 2 of 2

SHERWIN WILLIAMS GENESIS LUSTRAL PRODUCT DATA SHEET

SHERWIN WILLIAMS GENESIS LUSTRAL

SPECIFICATIONS – SECTION 10 14 26 – PANEL SIGNAGE

SPECIFICATIONS – SECTION 26 05 19 – LOW VOLTAGE ELECTRICAL

POWER CONDUCTORS AND CABLES

SPECIFICATIONS – SECTION 26 05 26 – GROUNDING AND BONDING

FOR ELECTRICAL SYSTEMS

SPECIFICATIONS – SECTION 26 05 33.13 – CONDUIT FOR ELECTRICAL

SYSTEM

SPECIFICATIONS – SECTION 26 05 83 – WIRING CONNECTIONS

SPECIFICATIONS – SECTION 26 09 23 – LIGHTING CONTROL DEVICES

SPECIFICATIONS – SECTION 26 22 00 – LOW-VOLTAGE TRANSFORMERS

SPECIFICATIONS – SECTION 26 24 16 – PANELBOARDS

SPECIFICATIONS – SECTION 26 27 26 – WIRING DEVICES

SPECIFICATIONS – SECTION 26 56 00 – EXTERIOR LIGHTING

SPECIFICATIONS – SECTION 31 00 00 – EARTHWORK

SPECIFICATIONS – SECTION 31 10 00 – SITE CLEARING

SPECIFICATIONS – SECTION 31 23 16 – EXCAVATION

SPECIFICATIONS – SECTION 31 23 17 – TRENCHING

SPECIFICATIONS – SECTION 31 23 23 – FILL

SPECIFICATIONS – SECTION 32 91 19 – LANDSCAPE GRADING

EDGE LIT CHANNEL LETTERS SPEC SHEET

Shelby Township Signage Invitation to Bid PEA Group 23-1095 Page 1 of 2

INVITATION FOR BIDS

SHELBY TOWNSHIP, MICHIGAN

SHELBY TOWNSHIP SIGNAGE

PEA GROUP PROJECT NO. 2023-1095

Sealed proposals will be received by the Owner at the Shelby Township Clerks Office, 52700 Van Dyke, Shelby Twp, MI 48316 until 12:00 pm local time (EST), on Thursday, May 22, 2025 for construction of this project. Proposals are to be delivered to the Office in a sealed envelope marked on the outside as described in the Instruction to Bidders.

Project Description:

The project site is located in the Township of Shelby

Please note the following requirements:

1. State or federal funds are being used to assist in construction and relevant State or federal requirements will apply.

2. Communities must comply with all requirements of 1976 PA 453 (Elliott-Larsen Civil Rights Act) and 1976 PA 220 (Persons with Disabilities Civil Rights Act), as amended.

In accordance with these laws, all contracts must contain a covenant that “The contractor and any subcontractors shall not discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated to the individual’s ability to perform the duties of a particular job or position.

The drawings and specifications under which the work is to be performed are on file and may be examined at the following locations:

Shelby Township Clerks Office Or PEA Group 52700 Van Dyke Ave 7927 Nemco Way, Suite 115 Shelby Township, MI 48316 Brighton, MI 48116

Digital copies of the bid package (drawings and specifications) are available by email request to Lynn Whipple, PLA at lwhipple@peagroup.com. An optional virtual pre-bid meeting will be held at via Teams on Thursday, April 17 at 8:30 am EST.

All interested bidders are highly encouraged to attend the pre-bid meeting and sign in with email address to insure any and all addenda are distributed to all bidders.

Shelby Township Signage Invitation to Bid PEA Group 23-1095 Page 2 of 2

Each proposal shall be accompanied by a certified check or acceptable bid bond for a sum not less than five percent (5%) of the proposal amount. All questions regarding clarification or interpretation of the documents shall be directed to Lynn Whipple, PLA, of PEA Group by the following means:

Office: 248.509.7228 and e-mail: lwhipple@peagroup.com.

The right is reserved by the Owner to accept any proposal, to reject any proposal for any reason whatsoever, and to waive irregularities in proposals. No bid may be withdrawn after the above date and time for receiving bids for a period of one-hundred-twenty (120) days.

Shelby Township Signage Instructions to Bidders PEA Group 23-1095 Page 1 of 6

INSTRUCTIONS TO BIDDERS

1. SCOPE OF WORK

The work under this Contract shall consist of the items contained in the Proposal, including all incidentals necessary to fully complete the project in accordance with the Contract Documents.

2. RECEIPT OF OPENING OF BID PROPOSALS

A. Sealed bid proposals will be received as indicated in the Invitation for Bids.

B. The Proposal shall be submitted only on forms provided by the Owner. All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid form must be fully executed when submitted.

C. Proposals shall be enclosed in a sealed envelope marked:

Shelby Township Clerks Office

52700 Van Dyke Ave

Shelby Township, MI 48316

Project: Shelby Township Signage

Proposal Deadline: Thursday, May 22, 2025 at 12 pm

Attention: Brad Bates and shall be delivered to the Shelby Township Clerk’s office before the time specified in the Invitation (or Advertisement) for Bids.

Each sealed envelope shall bear on the outside the Bidder’s name and address.

Please also include one USB digital copy of the bid.

D. Proposals shall be made in full conformity with the instruction, requirements and conditions set forth in the Instructions to Bidders and in the Drawings, Specifications and other Contract Documents. Bids are firm and no bid may be withdrawn for a period of 120 days after opening of bids.

E. Any bid received at the office designated in the solicitation after the exact time specified for receipt will not be considered and will be returned to the bidder unopened. This material requirement is not subject to waiver by Owner.

F. Bidders are strongly encouraged to hand-deliver their bids. Telegraphic and facsimile bids shall not be considered. Bids delivered by certified, registered or express mail will be accepted, however, subject to the following conditions:

1. If by express mail, a bid must be postmarked not later than 5:00 pm at the place of mailing two working days prior to the date specified for receipt of bids. The term working days excludes weekends and holidays.

PEA Group 23-1095 Page 2 of 6

2. If by certified or registered mail, a bid must be postmarked not later than five

(5) calendar days before the date specified for receipt of bids.

G. If a dispute later arises regarding the timeliness of a late bid, which is sent either by registered or certified mail, the only acceptable evidence to establish the date of mailing of a late bid is a postmark both on the bid envelope or wrapper and on the original receipt from the U.S. Postal Service. Both postmarks must show a legible date, or the bid shall be deemed to have been mailed late. The term postmark means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed on the date of mailing by employees of the U.S Postal Service.

Therefore, Bidders should request that the postal clerk place a legible hand cancellation bull’s-eye postmark on both the receipt and the envelope.

H. The only acceptable evidence to establish the date of mailing of a late bid sent by express mail is the date entered by the express mail receiving clerk on the express mail label and the postmark on the envelope or wrapper and on the original receipt from the express mail service. Postmark has the same meaning as set forth above.

Therefore, bidders should request that the express mail clerk place a legible hand cancellation bull’s-eye postmark on both the receipt and the envelope.

3. OPTIONAL AND HIGHLY RECOMMENDED PRE-BID MEETING

An optional and highly recommended pre-bid meeting will be held on Thursday, April 17 at 8:30 am via teams to discuss the project.

4. PROJECT TIMELINE

It is agreed that the Contractor shall, upon execution of this contract, begin work within ten

(10) consecutive calendar days from the date of the notice to proceed, and shall prosecute the work in such a manner so as to reach substantial completion of all proposed improvements in phase 1 by August 30, 2025. The time of beginning, rate of progress, and dates of completion are considered essential elements of the Contract. Timeline for phases 2 and 3 will be discussed with Shelby Township and the Contractor.

5. CONSTRUCTION CONDITIONS

It is required that each bidder will examine the drawings and specifications for this work and make a personal examination of the site of the proposed work and its surroundings. It is also expected that he will obtain first-hand information concerning the available facilities for receiving, transporting, handling and storing construction equipment and materials and concerning other local conditions that may affect this work.

6. QUALIFICATIONS OF BIDDERS

Any bidder being considered for award of this contract shall be subject to the following:

PEA Group 23-1095 Page 3 of 6

A. The Bidder declares that he has had prior experience in the type of work required by the Contract Documents and that he has the necessary finances, personnel and working organization and equipment available to execute the proposed work in accordance with the requirements of the Contract Documents. The Bidder further declares that he will furnish proof of these qualifications and work performance references. The Bidder shall provide a resume and references to the Owner demonstrating the Bidder’s ability to satisfy the requirements as set forth in these Contract Documents.

B. All bidders must sign the proposal section titled "Progress Schedule" indicating the calendar days within which the work must be completed. Also, within ten (10) days after bids are received by the Owner, the Contractor who has submitted the low bid shall submit to the Engineer four (4) copies of a Construction Progress Schedule.

Second and third low bidders may be required to submit a Construction Progress Schedule upon ten (10) days notice. Such Schedule shall comply with the requirements set forth in Item 15 PROGRESS SCHEDULE of the GENERAL

SPECIFICATIONS.

C. Upon request, the Owner may require the submission of any additional information necessary and the Contractor shall attend a pre-award conference to satisfy the Owner that the bidder is adequately prepared to fulfill the Contract.

7. NAME, ADDRESS AND LEGAL STATUS OF BIDDER

The name and legal status of the bidder, that is, as a corporation, partnership, or an individual shall be stated in the proposal. A corporation bidder shall name the state in which its Articles of Incorporation are held, and must give the title of the official having authority, under the by-laws, to sign contracts; a partnership bidder shall give the full names and addresses of all partners. Anyone signing a proposal as an agent of another or others must submit with his proposal legal evidence of his authority to do so. The place of residence of the bidder, or the office of others in the case of a firm or company with county and state, must be given after his signature.

8. BID DEPOSIT

Each proposal must be accompanied by a bid deposit in the form of an acceptable bid bond or a certified check or cashier's check drawn upon a US bank for a sum of not less than five percent (5%) of the amount of the proposal as a guarantee on the part of the bidder that he will, if called upon to do so, enter into contract in the attached form, to do the work covered by such proposal and at the prices stated therein and to furnish acceptable surety for its faithful and entire fulfillment. Such bid bond, certified check or cashier's check shall be made out to the Owner, and shall be subject to the conditions specified in the contract documents.

ANY PROPOSAL NOT ACCOMPANIED BY THE SPECIFIED BID DEPOSIT

WILL BE CONSIDERED NON-RESPONSIVE AND WILL NEITHER BE READ

NOR CONSIDERED.

PEA Group 23-1095 Page 4 of 6

A. The bid deposit checks (or bid bonds if applicable) of all except the three lowest bidders may be obtained at the Shelby Township Clerk’s Office, between the hours of 9:00 A.M. and 4:00 P.M. on the normal working day, the day after the opening of bids after which time said checks or bid bonds will be mailed.

B. The bid deposit checks (or Bid Bond if applicable) of the three lowest bidders will be returned within three (3) working days after the Owner and the accepted bidder have entered into contract or, if the contract has not been executed within the time limits as specified, after the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid.

9. FORM OF PROPOSAL

All proposals must be made and signed by the bidder in the form attached hereto and without removal from the bound specifications. Additional copies of the Proposal Form may be obtained from the Owner upon request.

All prices stated in the proposal must be plainly written in ink in legible figures or typed.

Illegibility of any figure in the proposal may be sufficient cause for rejection of the proposal by the Owner.

10. BASIS OF PROPOSAL

Proposals are solicited on the basis of lump sum and review of the contained unit prices.

Alternates will be considered following determination of low bid and will not be a consideration in determining the low bidder.

11. EXPLANATION TO BIDDERS BY ADDENDUM

A. Neither the Owner nor the Landscape Architect will give verbal answer to inquiries regarding the meaning of the drawings or specifications, or give verbal instructions previous to the award of the contract. Any verbal statements regarding same by any person, previous to the award, shall be unauthoritive.

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

C. Addenda issued to bidders prior to date of receipt of proposals shall become a part of the specifications and contract documents, and all proposals shall include the work described in the addenda. The bidders are hereby instructed to acknowledge receipt of all addenda on the Proposal.

D. No inquiry received within three (3) days of the date fixed for the deadline of bids will be given consideration.

E. Failure of the Owner to send, or of the bidder to receive, any such interpretations

PEA Group 23-1095 Page 5 of 6 shall not relieve the bidder from obligation under his bid as submitted.

12. AWARD AND EXECUTION OF CONTRACT

The Contract shall be deemed as having been awarded when formal notice of award shall have been duly served by the Owner upon the bidder.

The bidder to whom the contract shall have been awarded will be required to execute the Agreement in the form attached hereto and to furnish Surety and Insurance Certificates, all as required. In case of his refusal or failure to do so within ten (10) calendar days after award, he will be considered to have abandoned all his rights and interests in the award, and his bid deposit may be declared forfeited to the Owner as liquidated damages and the work may be awarded to another bidder.

13. GUARANTY BONDS

In addition to the bid bond or bid deposit, the contractor shall furnish the Owner the following bonds (templates provided at end of these contract documents) prior to the contract being executed:

A. The Contractor shall furnish a surety bond in an amount at least equal to 100 percent of the contract price as security for faithful performance of this contract.

B. The Contractor shall also furnish a separate surety bond in an amount at least equal to 100 percent of the contract price as security for payment of all persons performing labor, furnishing materials and equipment rental in connection with this contract.

C. The Contractor shall furnish a two (2) -year Maintenance and Guarantee Bond in an amount at least equal to 100 percent (100%) of the contract price.

D. Premium for the three bonds heretofore described shall be paid by the Contractor.

E. The form of the bonds shall be as appended herewith.

F. The Contractor shall provide liability insurance and bond in an amount specified by the Owner pursuant to and in accordance with MCL Section 129.201 et seq., MSA Section 5.2321 (1) et seq. The Contractor shall provide satisfactory evidence that the corporate surety and the insurer are licensed and/or approved to conduct business in the state of Michigan. Such evidence shall include a certified copy of the certificate of authority issued by the Insurance Licensing Division of the Insurance Bureau.

14. INSURANCE

Proof of all required insurances, as stated in Section 47 of the General Conditions shall be provided with the bid proposal. For all contracts over $600, also include a completed W9.

All sole proprietors must submit a completed and notarized Sole Proprietor Form.

PEA Group 23-1095 Page 6 of 6

15. RIGHT TO ACCEPT, TO REJECT AND TO WAIVE DEFECTS

The Owner reserves the right to accept any proposal, to reject any or all proposals, and to waive defects or irregularities in any proposal. In particular, any alteration, erasure or interlineation of the Contract Documents and of the Form of Proposal shall render the accompanying proposal irregular and subject to rejection by the Owner.

16. WITHDRAWAL OF BIDS

Any bidder who has submitted a proposal to the Owner may withdraw his bid at any time prior to the scheduled time for the receipt of bids. Unless otherwise stated in the Supplemental Specifications contained herein, no bidder may withdraw his bid after the time stated in the advertisement for opening bids for a period of one-hundred-twenty (120) days thereafter.

17. TAXES

The Contractor shall include and be deemed to have included in his bid and contract price all Michigan sales and use taxes currently imposed by legislative enactment and as administered by the Michigan Department of Revenue on the bid date.

If the Contractor is not required to pay or bear the burden, or obtains a refund or drawback, in whole or in part, of any Michigan sales or use tax, interest or penalty thereon, which was required to be and was deemed to have been included in the bid and contract price, the contract price shall be reduced by the amount thereof and the amount of such reduction, whether as a refund or otherwise, shall ensure solely to the benefit of the Charter Township of Oakland.

18. DRAWINGS AND CONTRACT DOCUMENTS

The drawings upon which the proposal shall be based consist of a title sheet and other plan-profile and detail sheets numbered as follows:

PEA Group Project No. 2023-1095 Drawings Numbered C-0.0 thru C-4.20

19. CONSTRUCTION PERMITS, ROAD PERMITS, MISCELLANEOUS PERMITS

The project requires construction work within the following jurisdictions:

Macomb County

The Contractor shall conform to the various requirements of the jurisdictional agencies within which work is being performed and all permits that have been obtained.

Shelby Township Signage Notice to Bidders PEA Group 23-1095 Page 1 of 1

NOTICE TO BIDDERS

TO ALL PROSPECTIVE BIDDERS

PLEASE COMPLETE ALL PARTS

OF YOUR BIDDING DOCUMENTS

INCLUDING ACKNOWLEDGMENT OF

RECEIPT OF ANY ISSUED ADDENDA

IMPROPERLY SIGNED BIDS

OR FAILURE TO COMPLETE ALL SECTIONS

OF THE DOCUMENT

MAY RESULT IN THE REJECTION OF YOUR BID

Shelby Township Signage Proposal PEA Group 23-1095 Page 1 of 5

PROPOSAL

FOR THE CONSTRUCTION OF THE

Shelby Township Signage

Macomb County, Michigan

TO: Shelby Township 52700 Van Dyke Ave Shelby Twp, MI 48316

The undersigned, having familiarized themselves with the local conditions affecting the cost of the work and with the Contract Documents, including the Invitation to Bid, Instructions to Bidders, Proposal, Specifications, General Conditions, The Agreement, Bonds and Drawings on file in the Shelby Township Clerk’s Office, 52700 Vany Dyke Ave, Shelby Township, MI 48316, and the Consulting Landscape Architect, hereby proposes to perform all required work and provide and furnish all labor, materials, necessary tools and equipment, and all utility and transportation services necessary to perform and complete in a workmanlike manner all work required for construction of the following:

1. Municipal Welcome and Wayfinding Signs

2. Township Welcome Signs

3. Park and Municipal Building Signs

In Shelby Township Michigan, all in accordance with the drawings and specifications as prepared by:

PEA Group 7627 Nemco Way, Suite 115 Brighton, MI 48116

Including Addendum Nos. (if applicable):

Addendum No. 1 ___________________________________, Dated _______________________

Addendum No. 2 ___________________________________, Dated _______________________

PEA Group 23-1095 Page 2 of 5

PROPOSAL SHEET

BASE BID: The undersigned, referred to as Bidder, having examined the Bidding Documents and the Project site, herby proposes to furnish all labor, materials, tools, equipment, services and insurance required to complete the Work in connection with the contract, in accordance with the bidding documents, for the LUMP SUM BASE BID AMOUNT of:

________________________________________________________________________Dollars

(The amount is shown in both words and numbers. In case of discrepancy, the words will govern;

typical throughout.)

The required breakdown of the base bid below is for use in evaluating the bid. Provide pricing that includes all work necessary to mobilize, purchase, furnish and install the following items, complete with all appurtenances, in accordance with the contract documents. The total cost for these items shall equal the amount of the BASE BID noted above.

ITEM DESCRIPTION AMOUNT

PHASE 1: Municipal Campus Welcome and Wayfinding Signs Removal of 1 LED monument sign, 3 monument entrance signs and 8 post and panel wayfinding signs

Installation of 3 monument campus welcome signs $ Installation of 6 pedestrian wayfinding signs $ Installation of 4 vehicular wayfinding signs $ Landscape restoration (topsoil and fine grading) $

TOTAL $

PHASE 2: Shelby Township Welcome Signs Removal of 7 Shelby Township monument welcome signs and 2 12x18 post and panel welcome signs

Installation of 7 monument welcome signs $ Installation of 12 12x18 post and panel signs $

PHASE 3: Park and Municipal Building Signs Removal of 13 signs related to parks and cemeteries $ Installation of 20 park and municipal building signs $

PEA Group 23-1095 Page 3 of 5

UNIT PRICING: Provide unit pricing for the purpose of adding or deleting work to the contract.

Pricing shall include all work necessary to purchase, furnish and install the following items in accordance with the contract documents.

Description Unit Unit Price Municipal campus monument welcome sign EA Vehicular wayfinding sign EA Pedestrian wayfinding sign EA Shelby Township monument welcome sign EA Shelby Township 12x18 welcome sign EA Shelby Township park/municipal building signs EA

PEA Group 23-1095 Page 4 of 5

ADDITIONAL REQUIREMENTS

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

The undersigned hereby agrees that if the foregoing proposal shall be accepted by the Owner, he will, within ten (10) consecutive calendar days after receiving formal notice of award, enter into contract, in the appropriate form, to furnish the labor, materials, equipment, tools and construction equipment necessary for the full and complete execution of the work at and for the price named in his proposal, and he will furnish to the said Owner, such surety for the faithful performance of such contract and for all labor expended thereon as shall be approved and accepted by the said Owner.

The undersigned agrees to complete all of the work items, necessary items and incidental items whether noted on the plan or required in the specifications in a workmanlike manner and does include in the proposal bid items compensation covering all cost to perform the work.

Extra work not covered by the schedule ordered by the Landscape Architect or required to complete the project will be agreed upon in writing by the Contractor and Landscape Architect in accordance with the General Conditions which the Contractor agrees to accept as full compensation as written.

The undersigned bidder does hereby represent and warrant that the total price bid in this proposal is a complete and correct statement of the price bid for the work included in said Proposal, and further that all other information given in or furnished with this said Proposal is complete, correct, and submitted as intended by him. He does hereby waive any right or claim he may now have or what may hereafter accrue to him by reason of errors, mistakes, or omissions made by him in said Proposal, to refuse to execute the Contract if awarded to him, or to demand the return of the bid deposit, or to be relieved from any of his obligations required by said Proposal.

The undersigned attaches hereto, as a bid deposit, a (certified check) or (cashier's check) or (bid bond) in the sum of $ Dollars ($ ) as required in the Instruction to Bidders and the undersigned agrees that in case he shall fail to fulfill his obligations under the foregoing proposal and agreement, the said Owner may determine that the undersigned has abandoned his rights and interests in such proposal and that the bid deposit accompanying his proposal has been forfeited to the said Owner; but otherwise, the said bid deposit shall be returned to the undersigned upon the execution of such contract and the acceptance of his bonds and insurance coverage, or upon the rejection of his proposal.

PEA Group 23-1095 Page 5 of 5

In the interest of expediting the award of this contract, the undersigned shall comply with Item 6.

Qualifications of Bidders of the INSTRUCTIONS TO BIDDER within the time limits specified therein to show that he is qualified and is adequately prepared to perform the work under the Proposed Contract, for which this proposal is offered.

In submitting this bid, it is understood that the right is reserved by the Owner to reject any and all bids.

Dated and signed at ____________________________________________________________, State of ____________________________, this ________ day of __________________, 2025.

Name of Bidder: ___________________________________

Signature: ___________________________________

Title of Signer: ___________________________________

Business Address ___________________________________ of Bidder:

Telephone No.: ___________________________________

Shelby Township Signage The Agreement PEA Group 23-1095 Page 1 of 8

THE AGREEMENT

THIS AGREEMENT, made and entered into this _______ day of Month, 2025, by and between Shelby Township, 52700 Van Dyke Ave, Shelby Township, MI 48316, Party of the First Part, hereinafter called the Owner, and Contractor Name, Street Address, City, State Zip Party of the Second Part, hereinafter called the Contractor.

WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows:

ARTICLE I - THE WORK

It is agreed that the Contractor shall furnish all labor, materials, and equipment, and perform all of the work shown and called for on the Drawings and described in the Specifications entitled -

Specifications & Contract Documents

Macomb County, Michigan prepared by PEA Group (PEA), acting as, and in these Contract Documents entitled, the Consulting Landscape Architect, and shall do everything required by the Contract Documents. The Contract Documents being hereby defined to include the Agreement, Bonds, Drawings, Advertisement, Instructions to Bidders, Proposal, Specifications, General Conditions, and any supplements thereto agreed to by both parties.

ARTICLE II - THE TIME

It is agreed that the Contractor shall, upon execution of this agreement, begin work within ten (10) consecutive calendar days from the date of the notice to proceed, and shall prosecute the work in such a manner so as to substantially complete the installation of all proposed improvements in Phase 1 by August 30, 2025. The time of beginning, rate of progress, and dates of completion are considered essential elements of the Contract. The timeline for all work within Phases 2 and 3 shall be determined with Shelby Township.

It is agreed that if the Contractor shall be unavoidably delayed in beginning or fulfilling this Contract by reason of excessive storms or floods, or by Acts of Providence, or by general strikes, or by court injunction, or by stopping of the work by the Owner because of any emergency or public necessity, or by any preference, priority or allocation order duly issued by the government, or by reason of alterations ordered by the Owner, the Contractor shall have no valid claim for damages on account of any cause or delay; but he shall in such case be entitled to such an extension of the above time limits herein, as the Engineer shall adjudge to be just and reasonable; provided, however, that formal claim for such extension shall be made in writing by the Contractor within one (1) week after the date upon which such alleged cause or delay shall have occurred.

PEA Group 23-1095 Page 2 of 8

ARTICLE III – LIQUIDATED DAMAGES

It is expressly covenanted and agreed that time is and shall be considered of the essence of the Contract. In the event that the Contractor shall fail to perform the entire work agreed to by or at the times herein mentioned as referred to in Article II, or within some other certain date subsequent to this to which the time limit for the completion of the work may have been advanced under the provisions of Article II, the Contractor shall pay unto the Owner as and for liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500.00) for each and every calendar day that the Contractor shall be in default. Said sum of five hundred dollars ($500.00) per day, in view of the difficulty of estimating such damages with exactness is hereby expressly fixed and agreed upon as the damages which will be suffered by the Owner for reason of such defaults. It is also understood and agreed that the liquidated damages hereinbefore mentioned are in lieu of the actual damages arising from such breaches of this Contract, which said sums the Owner shall have the right to deduct from any moneys in his hand otherwise due or to become due to the Contractor or to sue for and recover compensation for damages for nonperformance of this contract at the time stipulated herein and provided.

ARTICLE IV - OWNER'S RIGHT TO COMPLETE

It is agreed that if at any time the Contractor should abandon his work; or if he should be adjudged as bankrupt, or if his performance of this Contract is being unnecessarily or unreasonably delayed; or if he should make a general assignment for the benefit of his creditors; or if a receiver should be appointed on account of his insolvency; or if he should persistently or repeatedly fail to supply enough properly skilled workmen or sufficient materials for the work; or if he should habitually fail to make prompt payment to sub-contractors or to pay promptly for materials and labor; or if he should persistently disregard laws or ordinances or the directions of the Engineer; or if he should willfully and repeatedly violate any of the substantial provisions of this Agreement, then in such case the Owner, after giving the Contractor and his sureties written notice thereof, may order him to discontinue all work under this Contract, or any part thereof. Thereupon, the Contractor shall at once discontinue such work or such part thereof, and shall cease to have any right to the possession of the ground. The Owner shall have the right to finish the work, or part thereof, by contract or otherwise as he may elect, and for that purpose to take possession and make use of such materials, tools, building appliances and equipment as may be found upon the work, and to charge the cost and expense of such completion to the Contractor. The Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, the amount of such excess shall be paid to the Contractor; and if such expense shall exceed such unpaid balance, the Contractor or his sureties shall pay to the Owner the amount of such excess.

It is expressly stipulated and agreed that from and after the date of the order to discontinue work, and until such work shall have been finally completed by the Owner, neither the Contractor nor any of his agents or employees shall remove, or make any effort directly or indirectly to remove any of the above-mentioned materials, tools, building appliances or equipment from the points at which they were located on the date of said order, except upon the written consent of the Owner to do so. It is further understood and agreed that the foregoing provisions of these articles are without prejudice to any other right or remedy which the Owner may have under this Agreement.

PEA Group 23-1095 Page 3 of 8

ARTICLE V - ASSIGNMENT OF CONTRACT

It is agreed that the Contractor shall not assign or transfer this Contract or sublet any part of the work embraced in it, except with written consent of the Owner to do so.

It is further agreed that all parts of the work which may be performed by a subcontractor shall be done in conformity with and be subject to all the provisions of the Contract Documents exactly as if performed by the Contractor and his immediate employees and workmen. No subletting of the work shall in any way diminish or weaken the responsibility of the Contractor for all parts of the work or lessen his obligations and liabilities under this Agreement.

It is likewise agreed that the Contractor shall not assign, either legally or equitably, any of the monies payable to him under this Agreement, or his claim thereto, except with the written consent of the Owner.

ARTICLE VI - THE CONTRACT SUM

It is agreed that, in consideration of the faithful and entire performance by the Contractor of his obligations under this contract, the Owner shall pay to him, at the time and in the manner hereinafter stipulated, an amount as determined by evaluation of the work completed to date and the comparative value for those items of work as agreed upon in the schedule of values and accepted proposal form, as determined by the Engineer.

On or about the fifteenth (15th) of each month during which satisfactory progress has been made toward the final completion of the work, the Engineer will make an estimate of the amount and value of the work which has been completed under this Contract during that month, or since the date of the last preceding estimate. Such estimate shall not be required to be made by strict measurement or with exactness, but may be made either wholly or in part by appraisement or estimation or by a consideration of accounts for labor and materials, and it shall be sufficient if it is approximate only.

Any error or inaccuracy which may occur in any such progress estimate may be allowed for or corrected in any subsequent estimate.

It is agreed that the Contractor shall submit to the Owner a written request for each partial or final estimate of payment. It is further agreed that the Contractor shall submit sworn statements or other satisfactory evidence, as requested by the Owner, that all persons who have supplied labor, materials, or equipment for the work embraced under this Contract as well as persons who have claimed damages arising out of the performance of this Contract have been fully paid for the same.

Payments based on progress estimates will be made within thirty (30) days of receipt by the Township of the progress estimates for work completed during the preceding month or since the date of the last preceding progress payment. Payments will be in accordance with the provisions of Act 524 of the Michigan Public Acts of 1980 and in accordance with the terms of this Contract. No allowance will be made for materials furnished which are not incorporated in the finish work, unless otherwise stated.

PEA Group 23-1095 Page 4 of 8

It is agreed that in the event a dispute arises over an avoidable or unacceptable delay in the performance of the work as described in Section 4 (3) of Act 524 of the Michigan Public Acts of 1980 (MCLA 125.1564 (3)) the dispute may, at the option of the Owner, be submitted for resolution in accordance with the provisions of Section 4 (2) of said Act. The dispute resolution process herein described shall be used only for the purpose of determining the rights of the parties to retained funds and interest earned on retained funds. Nothing herein shall impair the right of the Owner to bring an action in any court of jurisdiction to determine the rights of the parties.

The progress estimates and payments will include all alterations which may be done under the provisions of Section 22 of the General Conditions on the same basis as other work is included. All such work is regarded herein as essentially a part of the Contract and not merely an addition to it.

No progress estimate made or certified by the Engineer and no partial payment made to the Contractor by the Owner shall be deemed or construed as an acceptance of any part of the work under this Contract or any portion thereof prior to the final completion of the work and payment of the final estimate.

Owner shall make progress payment on account of the Contract Price on the basis of Contractor’s Application for Payment on or about the 30th day of each month during performance of the Work.

Prior to substantial completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages.

a. 95 percent of Work completed (with the balance being retainage); and

b. 95 percent of cost of materials and equipment incorporated in the work (with the balance being retainage).

Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as Engineer shall determine.

Final Payment: Within thirty (30) days after substantial completion of the work covered by this Agreement, the Engineer will make a final inspection of the work as a whole and will make up a final estimate of the total amount due the Contractor under the terms of the Agreement. Upon the acceptance of the completed work, the Owner will pay to the Contractor the entire amount of such final estimate less the sums previously paid and less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages.

ARTICLE VII - ANTICIPATED CONDITIONS AND WORK BY OTHERS

The Contractor further acknowledges that he is not entitled to any additional compensation by reason of conditions being different from those anticipated or by reason of his failing to fully acquaint himself with the site, the conditions, and the work now in place or on account of interference by the Owner or by any other contractor's activities which affect the work of this contract.

PEA Group 23-1095 Page 5 of 8

ARTICLE VIII - MISCELLANEOUS

The Contractor acknowledges that he has not received or relied upon any representations or warranties of any nature whatsoever from Shelby Township, its agents or employees, and that this contract is entered into solely upon the Contractor's own independent business judgment.

ARTICLE IX - BONDS

The Contractor shall provide liability insurance and bonds in an amount specified by the Owner (Shelby Township) pursuant to and in accordance with MCL Section 129.201 et seq., MSA Section

5.2321 (1) et seq. The Contractor shall provide satisfactory evidence that the corporate surety and the insurer are licensed and/or approved to conduct business in the state of Michigan. Such evidence shall include a certified copy of the Certificate of Authority issued by the Insurer Licensing Division of the Insurance Bureau.

ARTICLE X - INDEPENDENT CONTRACTOR RELATIONSHIP.

In the performance of this Contract, the relationship of Contractor to the Owner shall be that of an independent contractor and not that of an employee or agent of the Owner. Contractor is and shall perform under this Contract as an independent contractor, and no liability or responsibility with respect to benefits of any kind, including without limitation, medical benefits, worker’s compensation, pension rights, or other rights or liabilities arising out of or related to a contract for hire or employer/employee relationship shall arise or accrue to either party as a result of the performance of this Contract.

Contractor, as an independent contractor, is not authorized to enter into or sign any agreements on behalf of the Owner or to make any representations to third parties that are binding upon the Owner.

Although Contractor is required under this Contract to advise, make recommendations to and to a limited extent represent the Owner, all plans, studies, applications, submittals, surveys, reports and any other information relating to the work must be submitted to and approved by the Owner or the Owner’ s authorized official prior to being disseminated to any third party and shall only be so disseminated if such dissemination is approved in advance by the Owner or an authorized Owner’s official.

Contractor represents that it will dedicate sufficient resources and provide all necessary personnel required to perform the work described in this Contract in accordance with the terms and conditions of this Contract. Except as may be specifically stated and agreed to in Schedule A, Contractor shall perform all of the work under this Contract and no other person or entity shall be assigned or sub-contracted to perform the work, or any part thereof, unless approved by the Township in advance.

ARTICLE XI - LIABILITY AND INSURANCE.

Contractor agrees to indemnify and hold harmless the Owner, the City, its elected and appointed officials and employees and attorneys, and all Additional Named Insured from and against any and all claims, demands, suits, losses and settlements, including actual attorney fees incurred and all costs connected therewith, for any damages which may be asserted, claimed or recovered against the Owner and all Additional Named Insured by reason of: (i) personal injury, death and/or property

PEA Group 23-1095 Page 6 of 8 damages which arises out of or is in any way connected or associated with the actions or inactions of Contractor in performing or failing to perform the work; (ii) civil damages which arise out of any dispute between Contractor and its subcontractors, affiliates, employees or other private third parties in connection with this Contract; or (iii) civil damages and penalties, including without limitation damages and penalties resulting from claims of discrimination, civil rights violations, statutory violations or constitutional violations, which arise out of any or are in any way connected or associated with the actions or inactions of Contractor. Contractor also agrees to indemnify and hold harmless the Owner, its elected and appointed officials and employees and attorneys, and all Additional Named Insured from and against any and all claims, demands for payment, suits, losses and settlements, including actual attorney fees incurred and all costs connected therewith, for or relating to any patented or copyrighted material, process, or device that may be used in the course of performing the work or form a part of the work.

Contractor shall provide evidence of adequate insurance coverage in the types and amounts required by the Owner. Such insurance shall be maintained at the specified level of coverage throughout the term of this Contract, including any extension of such term, and will cover all work, acts and omissions by and on behalf of Contractor in connection with this Contract, with the Owner, PEA Group, and certain adjoining property owners as Additional Named Insured, but with such coverage being primary and non-contributory. Contractor shall give the Owner and all Additional Named Insured immediate notice of any change in or cancellation of the coverage within twenty (20) days of such change or cancellation, shall provide a copy of any cancellation notice received from its insurer to the Owner and all Additional Named Insured within twenty

(20) days of such cancellation, and shall request that its insurer send such notice of cancellation to the Owner and all Additional Named Insured. Contractor shall provide evidence of insurance coverage as set forth herein coverage at any time requested by Shelby Township.

ARTICLE XII - GENERAL PROVISIONS.

A. Entire Agreement. This instrument, together with the attached Schedules, contains the entire Contract between the Owner and Contractor. No verbal agreement, conversation, or representation by or between any officer, agent, or employee of the parties hereto, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained.

B. Compliance with Laws. This Contract and all of Contractor’s work and practices shall be subject to all applicable state, federal and local laws, ordinances, rules or regulations, including without limitation, those which apply because the Owner is a public governmental agency or body. Contractor represents that it is in compliance with all such laws and eligible and qualified to enter into this Contract.

C. Governing Law. This Contract shall be governed by the laws of the State of Michigan.

D. Assignment. Contractor shall not assign this Contract or any part thereof without the written consent of the Township. This Contract shall be binding on the parties, their successors, assigns and legal representatives.

PEA Group 23-1095 Page 7 of 8

E. Notices. Written notices under this Contract shall be given to the parties at their addresses contained in this Contract by personal or registered mail delivery to the attention of the following persons:

Landscape Architect: Lynn Whipple, PLA of PEA Group Owner: Shelby Township

Contractor:

F. Changes. Any changes in the provisions of this Contract must be in writing and signed by the Owner and Contractor.

G. Waivers. No waiver of any term or condition of this Contract shall be binding and effective unless in writing and signed by all parties, with any such waiver being limited to that circumstance only and not applicable to subsequent actions or events.

H. Jurisdiction and Venue of Contract. This Contract shall be considered for all purposes, including the establishment of jurisdiction and venue in any court action between the parties, as having been entered into and consummated in the Shelby Township, Macomb, Michigan.

If any section, paragraph, sentence, clause or phrase of these Contract Documents shall be held invalid, the same shall not affect any other part of these Contract Documents.

WITNESSES: Owner Shelby Township, Macomb County, Michigan

_______________________________ By _______________________________

_______________________________ By _______________________________

CONTRACTOR

_______________________________ By _______________________________

PEA Group 23-1095 Page 8 of 8

INSTRUCTIONS FOR EXECUTING AGREEMENT

If the Contractor be a Corporation, the following certificate should be executed:

I,_______________________________________________________ certify that I am the

___________________________ Secretary of the Corporation named as Contractor hereinabove;

that _________________________________ who signed the foregoing Agreement on behalf of the

Contractor, was then ________________________________of said Corporation; that said

Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers.

(Corporate Seal)

If the Agreement be signed by the Secretary of the corporation, the above certificate should be executed by some other office of the Corporation, under the Corporate Seal. In lieu of the foregoing certificate, there may be attached to the Agreement copies of so much of the records of the Corporation as will show the official character and authority of the officers signing, duly certified by the Secretary or Assistant Secretary under the Corporate Seal to be true copies.

The full name and business address of the Contractor should be inserted and the Agreement should be signed with his official signature. Please have the name of the signing party or parties typewritten or printed under all signatures to the Agreement.

If the…