24-05 - Specs.pdf

May 8, 2024 ITB-COT-ENG 24-05

To All Prospective Bidders:

The City of Troy Engineering Department has chosen to solicit bids for the CHARNWOOD CHIP SEAL PROJECT through the City’s e-procurement website - www.mitn.info -

Vendors are hereby notified that changes or alterations to the bid documents including specifications may result in a bid being considered non-responsive. The only authorized vendor changes to a bid document will be in the areas provided for a bidder’s response. If a change or alteration to the documents is undetected and the bidder is awarded a contract, the original terms, conditions, and specifications in the Authorized Version of the bid document will be applicable during the term of the contract. The City of Troy shall accept NO CHANGES to the bid document made by the Vendor unless those changes are set out in an “Exception” provision. It is the Vendor’s responsibility to acquire knowledge of any changes, modifications or additions to the Authorized Version of the bid document.

Any Vendor who submits a bid and later claims it had no knowledge of any changes, modifications or additions made by the City of Troy to the Authorized Version of the bid document, shall be bound by the bid, including any changes, modifications or additions to the Authorized Version.

If a bid is awarded to a Vendor who claims that it had no knowledge of changes, modifications or additions made by the City of Troy to the Authorized Version of the bid, and that Vendor fails to accept the bid award, the City of Troy may pursue costs and expenses to re-bid the item from that Vendor.

The Authorized Version of the bid document shall be that bid document appearing on the MITN System with amendments and updates.

The City of Troy officially distributes bid documents from the Engineering Department or through the Michigan Intergovernmental Trade Network (MITN). Copies of bid documents obtained from any other source are not considered official copies. Only those vendors who obtain bid documents from either the Engineering Department or the MITN system are guaranteed access to receive addendum information, if such information is issued. If you obtained this document from a source other than the sources indicated, it is recommended that you register on the MITN website, www.mitn.info, and obtain an official copy.

Once awarded, final bid results will be posted on the MITN website. Please register to see results -www.mitn.info.

SPECIFICATIONS

FOR

CHARNWOOD CHIP SEAL

CONTRACT NO. 24-05

CITY OF TROY

OAKLAND COUNTY, MICHIGAN

May 22, 2024

City of Troy Engineering Department

500 W. Big Beaver Troy, MI 48084

CITY OF TROY INDEX

CHARNWOOD CHIP SEAL 1/1

CONTRACT 24-05

TABLE OF CONTENTS

BIDDING REQUIREMENTS

Description Pages

Title Page Table of Contents Advertisement for Bids Instructions to Bidders .................................................................................................................................... 1 thru 6 Vendor Certification Certification Regarding Debarment, Suspension, and other Responsibility Matters

CONTRACT PROVISIONS

Proposal & Legal Status of Bidder ................................................................................................................. 1 thru 5 Non-Collusion Affidavit Contract………...…… Indemnification Clause Performance Bond Labor and Material Bond Maintenance and Guarantee Bond ................................................................................................................ 1 and 2 Contractor’s Affidavit Contractor’s Declaration Final Waiver of Lien

SPECIFICATIONS

General Conditions ...................................................................................................................................... 1 thru 14 Supplemental General Conditions ................................................................................................................. 1 thru 3 Sample Certificate of Insurance Enrolled House Bill No. 1024 ......................................................................................................................... 1 thru 3 Enrolled House Bill No. 5089……. .............................................................................................................. .1 thru 18 Enrolled House Bill No. 5541 ......................................................................................................................... 1 thru 4 Enrolled House Bill No. 5607……. ................................................................................................................ .1 and 2 Special Provision, Sanitary Manhole Sealing Special Provision, 204 Color Audio Visual Route Survey ..................................................................... …….1 and 2 Special Provision, 205 Subgrade Undercut, Type II, Modified ........................................................................ …….1 Special Provision, 403 DPW Structures Adjustment and Reconstruction ..................................................... 1 thru 4 Special Provision, 505 Chip Seal ................................................................................................................... 1 thru 4 Special Provision, 507 Fog Seal ................................................................................................................... 1 and 4 Special Provision, 812 Maintaining Traffic .................................................................................................... 1 thru 3 Special Provision, 816 Turf Restoration……………………………………………..………………………………1 thru 4 Special Provision, 850 Construction Observation……………………………………….………………………... 1 thru 7

APPENDIX

Charnwood Chip Seal Plan

CITY OF TROY ADVERTISEMENT FOR BIDS

CHARNWOOD CHIP SEAL AD1

CITY OF TROY ENG. DEPT.

ADVERTISEMENT FOR BIDS

CITY OF TROY, MICHIGAN

CONTRACT NUMBER 24-05

CLOSING DATE

Sealed bids for the CHARNWOOD CHIP SEAL project will be will be electronically received by the City of Troy at the office of the City Clerk, 500 W. Big Beaver Road, Troy, MI 48084 until 10:00 AM, Local Time, on Wednesday, May 22, 2024 at which time the bids will be publicly opened and read utilizing Microsoft Teams meeting.

Description of Work

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

The approximate quantities for the major items of work for this project are as follows:

Seal, Double Chip Seal, Fog

62,700 Syd 62,700 Syd

Materials for this project must meet the “American Made” requirements of ARRA projects.

Information regarding the bid must be obtained on the MITN website at www.mitn.info

Each bid shall be accompanied by a certified check or cashier’s check payable to the City of Troy in the amount of $10,000. NO BID BONDS WILL BE ACCEPTED. A pdf version of this Certified Check must be included with your Electronic Bid Submission Response. The successful bidder will be required to furnish satisfactory performance, labor and material, and maintenance and guarantee bonds in the amount of 100% of the project prior to award.

IMPORTANT: Bids will be received electronically on the MITN website on or before the time and date given above. Bid openings are being conducted in accordance with City Charter and Code utilizing Microsoft Teams Meetings. The Microsoft Teams Meeting can be joined via your computer, tablet or smartphone using the information below:

Microsoft Teams URL:

https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting Meeting ID: 250 810 730 304 Passcode: CdkeFE

The City reserves the right to reject any and all bids and to waive any irregularities in the Proposals. No bids may be withdrawn for at least sixty (60) days after the scheduled closing date and time for receiving bids and may not be withdrawn after receiving a “Notice of Award”.

CITY OF TROY INSTRUCTIONS TO BIDDERS

CHARNWOOD CHIP SEAL 1 / 6

INSTRUCTIONS TO BIDDERS

A. RECEIPT AND OPENING OF BIDS:

The City of Troy, Oakland County, Michigan invites Bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be electronically received at the office of the City Clerk of the City of Troy until the time and date stated in the “Advertisement for Bids.” Bids will be opened and read aloud at the stated time. The published Invitation for Bids or Advertisement for the proposed work contains information for Bidders. A copy of the Advertisement is to be considered a part of the “Instructions to Bidders” as fully as if repeated herein.

B. PREPARATION OF THE PROPOSAL:

All Proposals must be prepared and signed by the Bidder in the form attached hereto and submitted in its entirety with no modifications or changes except as authorized and without removal from the bound documents. All blank spaces for the Bid prices must be plainly written in legible figures. Illegibility of any figure in the Proposal may be sufficient cause for rejection of the Proposal by the City.

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.

If a unit price or a lump sum Bid already entered by the Bidder on the Proposal Form is to be altered, it shall be crossed out with ink and the new unit price or lump Bid entered above or below it, and initialed by the Bidder with ink.

The Proposals received will be compared on the basis of summation of the lump sum amounts bid and the products of the quantities of items listed at the unit prices Bid. In the case of discrepancy between the total shown in the Proposal and that obtained by adding the products of the quantities of items at the unit prices, the unit prices in the Proposal shall govern and any errors found in said products, and in the addition, will be corrected.

The City may consider informal any Bid not prepared and submitted in accordance with the provisions thereof and may waive any informalities or reject any and all Bids. No unsolicited alternates will be considered.

C. BASIS OF THE PROPOSAL:

Proposals are solicited on the basis of unit prices for each type of work and lump sums for special structures and unit prices for contingent items of additional work all as set forth in the form of Proposal.

Proposals will be compared on the basis of the quantities stated therein and the prices offered for each item.

Alternates may have been included in the Proposal for the offering of prices for certain combinations of the various sections of the work. Prices must be offered for any or all alternates.

D. ESTIMATE OF QUANTITIES:

The estimated quantities for the several scheduled items of work involved in the prosecution of this Contract are as set forth in as much detail as is practicable on the proposal, and are to be used for comparison of the proposals received. The actual quantities may be greater or less. The City reserves the right to increase or decrease any or all of them, and the contractor shall be paid for the actual amount of work completed and accepted by the City at the prices stated in the proposal. The method of payment for the various items shall be described in the specifications.

INSTRUCTIONS TO BIDDERS CITY OF TROY

2 / 6 CHARNWOOD CHIP SEAL

E. PRICE BID:

The prices shall cover costs of any nature, incidental to and growing out of the work, in explanation but not in limitation thereof, the prices stated in the proposal by the bidder shall include the cost of everything necessary for the performance and completion of this contract in the manner and time prescribed, including the furnishing of all material, tools, equipment, transportation, labor, supervision, all costs on account of loss by damage or destruction of the work and unforeseen difficulties encountered, for settlement of damages, of replacement of defective work and materials, and for all else necessary thereof and incidental thereto.

F. BID SECURITY:

Each proposal shall be accompanied by a certified check or a cashier’s check in the amount specified in the invitation to bid, payable to the City of Troy, Michigan, to be forfeited to said City in case of failure on the part of the successful bidder to enter into the attached form of agreement to do the work covered by such proposal at the price and within the time stated herein. A pdf version of this Certified Check must be included with your Electronic Bid Submission Response. Company checks and/or bid bonds will not be accepted for bid security.

G. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO THE CONTRACT:

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

The Bidder to whom the Contract shall have been awarded will be required to execute at least five (5) copies of the Contract 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) 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 City as liquidated damages and the award may then be made to the next best qualified Bidder or the work readvertised as the City may elect.

H. WITHDRAWING PROPOSAL:

A proposal, after being submitted, may be withdrawn when request therefore is made in writing by the bidder before the time designated in the “Advertisement for Bids.” No proposal may be withdrawn after the time designated in the “Advertisement for Bids.”

I. NAME, ADDRESS AND LEGAL STATUS OF THE BIDDER:

All proposals must be properly signed in ink and the address of the Bidder given. The legal status of the Bidder, whether corporation, partnership or individual, shall also be stated in the proposal.

A corporation shall execute the proposal by its duly authorized officers in accordance with its corporate bylaws and shall also list the state in which it is incorporated. A partnership Bidder shall give all the names of the partners. Partnership and individual Bidders will be required to state in the Proposal the names of all persons interested therein.

The place of residence of each Bidder, or the office address in the case of a firm or company, with county and state, must be given after his signature.

If the Bidder is a joint venture consisting of a combination of any or all of the above entities, each joint venturer shall execute the proposal.

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

CHARNWOOD CHIP SEAL 3 / 6

J. POWER OF ATTORNEY:

Attorneys-in-fact who sign proposals, bonds or Contracts must file with each a certified effectively dated copy of their power of attorney.

K. SECURITY FOR FAITHFUL PERFORMANCE:

The successful Contractor shall provide liability insurance and bonds in an amount specified below pursuant to and in accordance with MCL (§ 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:

1) The Contractor shall furnish a surety bond in an amount at least equal to 100% of the Contract price as security for faithful performance of this Contract.

2) The Contractor shall also furnish a separate surety bond in an amount at least equal to 100% of the

Contract price as security for payment of all persons performing labor, furnishing materials and equipment rental in connection with this Contact.

3) The Contractor shall furnish a two-year maintenance and guarantee bond in an amount at least equal to 100% of the Contract price.

The Contractor shall pay the premium for the three bonds described above. A certificate from the surety showing that the bond premiums are paid in full shall accompany the bonds.

The form of the bonds shall be as appended herewith.

L. ADDENDA AND EXPLANATIONS:

No verbal answers to inquiries regarding the meaning of the Drawings or Specifications or verbal instructions previous to the award of the Contract will be given. Any verbal statements regarding same by any person, previous to the award, shall be unauthoritative.

Explanations desired by Bidders shall be requested of the Engineers in writing, and if explanations are necessary, a reply will be made in the form of an Addendum, a copy of which will be uploaded to the Michigan Inter-Governmental Trade Network (MITN) website where notification will be emailed to all active participants for this specific job type. Every request for such explanation shall be in writing, addressed to the City Engineer, 500 W. Big Beaver, Troy, Michigan 48084.

Addenda issued to Bidders prior to date of receipt of Proposals shall become a part of the Specification, and all Proposals shall include the work described in the Addenda.

No inquiry received within five (5) days of the date fixed for the opening of Bids will be given consideration.

Any and all such interpretations and any supplemental instructions will be in the form of written Addenda which, if issued, will be uploaded to the MITN website where notification will be emailed to all active participants for this specific job type, not later than three days prior to the date fixed for the opening of Bids. Failure of any Bidder to receive any such Addendum shall not relieve such Bidder from any obligation under his Bid as submitted.

4 / 6 CHARNWOOD CHIP SEAL

M. CONSTRUCTION CONDITIONS:

Each Bidder shall visit the various sites of work and fully acquaint himself with conditions relating to construction and restrictions pertaining to the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Drawings and Specifications.

It is also expected that the Bidder will obtain 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.

The Bidder shall report any apparent omissions, errors or discrepancies in plans or specifications to the Engineer in ample time before date of letting.

The failure or omission of any bidder to receive or examine any form, instrument, addendum or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve himself from any obligation with respect to his Bid or to the contract.

Soil Conditions: Included in the Bid Documents is a copy of Public Act 57 for the Contractors information.

Borings have been made by the City if they are indicated on the plans or there is a Soils Report with Boring Logs included in the specifications. This information is given to Contractors as an aid in the determination of the character of the soil. The City does not guarantee, however, that the ground encountered during construction will conform with these borings and the bidders should secure such other information as they consider necessary to check and supplement the above data.

The Bidder’s attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full.

All materials and workmanship shall meet the Owner’s specifications and standard details where and when applicable.

All work shall conform with the “Michigan Department of Transportation 2020 Standard Specifications for Construction and the Michigan Manual of Uniform Traffic Control Devices Current Edition.”

N. LOCATION OF CONTRACTOR’S YARD:

Contractor shall provide his own site for a yard used for storage of equipment and materials for this project. City owned land will not be available for that purpose. If the contractor desires to locate his yard within the boundaries of the City of Troy, the right is reserved by the City to approve its location.

O. ROUTES TO BE FOLLOWED:

Material supply and batch trucks, as well as other equipment, shall travel on streets designated by the City Ordinance as truck routes, the right to designate the route to be followed is reserved by the City.

P. COMPETENCY OF THE BIDDER:

The opening and reading of the Proposal shall not be construed as an acceptance of the Bidder as a responsible Bidder. The Owner reserves the right to determine the responsibility of a Bidder from its knowledge of the Bidder’s qualifications or from other sources.

Bidders must have at least three (3) years experience in the scope of the work described herein these contract documents in order to be considered a qualified bidder.

CHARNWOOD CHIP SEAL 5 / 6

The Owner will require certified supporting data regarding the qualifications of the Bidder in order to determine whether he be a responsible Bidder, the Bidder will be required to furnish the following information sworn to under oath by him:

1) The Bidder’s performance record with listing of work of a similar character and proportions which he has constructed, giving the name of the Owner, date built, and construction cost.

2) A tabulation of other work now under Contract, giving the location, type, size, required date of completion and the percentage of completion to date of each job.

3) An itemized list of Bidder’s equipment available for use on the proposed Contract.

4) A listing of the major parts of the work which are proposed to be sublet along with a complete list and references of all subcontractors and sub-subcontractors.

5) The experience of the Bidder’s key personnel and the name and title of the person(s) who would supervise the work and make “on the job” decisions during construction.

6) The Bidder’s certified financial statement, dated within sixty (60) days prior to the opening of Bids.

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

7) Evidence that the Bidder is licensed to do business in the State of Michigan, in case of a corporation organized under the laws of any other State.

8) A construction schedule for that portion of the Contract for which he is under consideration for award based on starting construction within ten (10) days after receiving “Notification to Proceed.”

9) Such additional information as will satisfy the Owner that the Bidder is adequately prepared to fulfill the Contract.

The Owner may make such additional investigations as he deems necessary to determine the ability of the Bidder to perform the work and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner any request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will not be accepted.

Q. DISQUALIFICATION OF BIDDERS:

Any one or more of the following causes may be considered sufficient for the disqualification of a Bidder and the rejection of his Bid or Bids:

1) Evidence of collusion among Bidders.

2) Lack of competency as revealed by either financial experience or plant equipment statement as submitted or debarred, suspended, or proposed for debarment by any Federal, State or Local agency.

3) Lack of responsibility as shown by past work, judged from the standpoint of workmanship and progress.

4) Uncompleted work under other Contracts, which, in the judgement of the said Owner, might hinder or prevent the prompt completion of additional work, if awarded.

5) Being in arrears on existing Contracts, in litigation with the Owner, or having defaulted on a previous Contract.

6 / 6 CHARNWOOD CHIP SEAL

R. SUBCONTRACT PROVISIONS

The Contractor shall list the name and address of the proposed Subcontractors and sub-subcontractors when required by the Owner. Approval of a Subcontractor or sub-subcontractors will not be given unless and until it is determined by the Owner that he is qualified to bid on the type and magnitude of work proposed and shall have executed a Subcontract or sub-subcontract in a form acceptable to the Owner.

The Contractor shall abide by the provisions set for therein. Any item of work performed by other than the Contractor or approved Subcontractors will be considered as unauthorized and shall not be paid for under the provision of the Contract.

S. AVAILABILITY OF MATERIALS:

The City reserves the right to withhold awarding of the contract to the lowest responsible bidder for a reasonable period of time so that the successful bidder can furnish certifications and other proof that he has made arrangements to obtain the necessary materials and that these will be available to him in sufficient quantities so that the work can be carried on and completed within the specified time limit.

T. ORDER OF WORK:

The right to prescribe the order in which the work called for under this contract is to be done will be retained by the City.

U. METHOD OF AWARD:

The City reserves the right to award the Contract(s) based on lowest overall base bid on both contracts, lowest base bid on each project or in any combination of lowest base bid plus alternates submitted by a responsible bidder that does not exceed the amount of funds then estimated by the City as available to finance the Contract.

The City 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.

CITY OF TROY VENDOR CERTIFICATION

VENDOR CERTIFICATION

THAT IT IS NOT AN

“IRAN LINKED BUSINESS”

Pursuant to Michigan law, (the Iran Economic Sanctions Act, 2012 PA 517, MCL 129.311 et seq.), before accepting any bid or proposal, or entering into any contract for goods or services with any prospective Vendor, the Vendor must first certify that it is not an “IRAN LINKED BUSINESS”, as defined by law.

Vendor

Legal Name

Street Address

City

State, Zip

Corporate I.D. Number/State

Taxpayer I.D. #

The undersigned, with: 1) full knowledge of all of Vendors business activities, 2) full knowledge of the requirements and possible penalties under the law MCL 129.311 et seq. and 3) the full and complete authority to make this certification on behalf of the Vendor, by his/her signature below, certifies that: the Vendor is NOT an “IRAN LINKED BUSINESS” as require by MCL 129.311 et seq., and as such that Vendor is legally eligible to submit a bid and be considered for a possible contract to supply goods and/or services to the City of Troy.

Signature of Vendor’s Authorized Agent:

Printed Name of Vendor’s Authorized Agent:

Witness Signature:

Printed Name of Witness:

CITY OF TROY CERTIFICATION REGARDING DEBARMENT,

CHARNWOOD CHIP SEAL SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS

1 / 1

CERTIFICATION REGARDING

DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

The prospective participant certifies, to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions under any non-procurement programs by any federal, state or local agency.

(2) Have not, within the three-year period preceding, had one or more public transactions (federal, state, or local) terminated for cause or default; and

(3) Are not presently indicted or otherwise criminally or civilly charged by a government entity

(federal, state, or local) and have not, within the three-year period preceding the proposal, been convicted of or had a civil judgment rendered against it:

a) For the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction (federal, state, or local), or a procurement contract under such a public transaction;

b) For the violation of federal, or state antitrust statutes, including those proscribing price fixing between competitors, the allocation of customers between competitors, or bid rigging; or

c) For the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

I understand that a false statement on this certification may be grounds for the rejection of this proposal or the termination of the award. In addition, the general grant of this authority exists within the City’s Charter, Chapter 12, Section 12.2- Contracts.

[ ] I am able to certify to the above statements.

Name of Agency/Company/Firm (Please Print)

Name and title of authorized representative (Please Print)

Signature of authorized representative Date

[ ] I am unable to certify to the above statements. Attached is my explanation.

CITY OF TROY PROPOSAL

CHARNWOOD CHIP SEAL 1 / 5

PLACE: CITY OF TROY

DATE: May 22, 2024, 10:00 AM

PROJECT: CHARNWOOD CHIP SEAL

The proposal of (hereinafter called “Bidder”) to the City of Troy, Oakland County, Michigan

The Bidder, in compliance with the Advertisement for Bid for the “CHARNWOOD CHIP SEAL”, having examined the plans and specifications with related documents and the sites of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies, and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is part.

The Bidder affirms that in making such Proposal, neither he nor any company that he may represent nor anyone on behalf of him or the company directly has entered into any combination or collusion, undertaking or agreement with any bidder or bidders to maintain that the prices of said work, or any attempt 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 Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty - (60) calendar days after the scheduled closing time for receiving bids.

The Bidder hereby agrees to commence work under this contract on or before the date to be specified in the written “Notice to Proceed”.

The Bidder acknowledges receipt of the following addenda:

No. DATED:

City of Troy Bids Due: Wednesday, May 22, 2024 500 W. Big Beaver 10:00 A.M., Local Time Troy, Michigan 48084 Contract: 24-05

CHARNWOOD CHIP SEAL 2 / 5

The undersigned, as Bidder, declares that he has familiarized himself with the location of the proposed project in the City of Troy. Bidder acknowledges that he has carefully examined the Plans, Specifications, and Contract Documents which he understands and accepts as sufficient for the purpose of constructing the work, and agrees that he will contract with the City of Troy, Oakland County, Michigan to furnish all labor, materials, and equipment necessary to do all the work specified and prescribed, and that he will accept in full payment therefore the sum of:

CITY OF TROY CONTRACT NO. 24-05

Line Pay Item Description Quantity Units Unit Price Total

001 1100001 Mobilization, Max $20,000 1 LSUM

002 2047051 Audio-Video Route Survey, Max $5,000 1 LSUM

003 2050041 Subgrade Undercutting, Type II 100 Cyd

004 2057011 Excavation, 2 inches 6,270 Syd

005 4037001 DPW Structure Cover, Adj, Add Depth 5 Ft

006 4037050 DPW Structure Cover, Adj, Case 1 12 Ea

007 4037050 Sanitary Manhole Sealing 5 Ea

008 5012024 HMA, 4EL, PG 64-22, Leveling 500 Ton

009 5050002 Seal, Double Chip 62,700 Syd

010 5057011 Seal, Fog 62,700 Syd

011 8127051 Maintaining Traffic 1 LSUM

012 8507041 Inspection Crew Day Cday $800

TOTAL BID AMOUNT:

CHARNWOOD CHIP SEAL 3 / 5

The City reserves the right to accept any bid, or to reject any or all bids, to waive any and all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, the City reserves the right to reject the Bid of any Bidder if the City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City.

The undersigned agrees to furnish the required bonds and insurance certificates within seven (7) days after the acceptance of this proposal and further agrees to start construction within ten (10) days after being notified that work can begin.

The company representative does warrant that by signing the bid documents, the additional insured endorsement will be included in the insurance coverage supplied to the City as part of the specified requirements. All construction including restoration shall be completed by December 5, 2024.

Company: Address:

Signed: County:

By: Telephone:

Title: FAX:

CHARNWOOD CHIP SEAL 4 / 5

LEGAL STATUS OF BIDDER

(The Bidder shall fill out the appropriate form and strike out the other two).

A corporation duly organized and doing business under the laws of the State of Michigan for whom whose signature is affixed to the Proposal, is duly authorized to execute contracts.

A Partnership, all members of which, with addresses, are:

An Individual, whose signature is affixed to the Proposal.

CHARNWOOD CHIP SEAL 5 / 5

Please give the following information regarding your Proposal for this bid:

1. Number of years of experience in this work:

2. List the number and types of equipment to be used if awarded this bid:

3. List the municipalities you have contracted with during the past three years for this type of work:

4. Name of your bank and other financial reference:

5. Name of your insurance carrier:

6. PL/PD/BI Insurance carrier:

Workman’s Compensation:

Amount of Insurance Coverage:

6. Comments:

Signed:

Title:

Name & Address of Firm:

Date:

CITY OF TROY NON COLLUSION AFFIDAVIT

CHARNWOOD CHIP SEAL 1 / 1

CITY OF TROY ENG.DEPT.

TO WHOM IT MAY CONCERN:

, being duly sworn deposed, says that he (Print Full Name) is . The party making the foregoing proposal or bid, (State Official Capacity in Firm) that such bid is genuine and not collusion or sham; that said bidder has not colluded, conspired, connived, or agree, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding and has not in any manner directly or indirectly sought by agreement or collusion, or communication or conference, with any person to fix the bid price or affiant or any other bidder, or to fix any overhead, profit, or cost element of said bid price, or that of any other bidder, or to secure the advantage against the City of Troy or any person interested in the proposed contract; and that all statements contained in said proposal or bid are true.

SIGNATURE OF PERSON SUBMITTING BID

NOTARY’S SIGNATURE

Subscribed and sworn to before me this day of, , 20____ in and for

County.

My commission expires:

CITY OF TROY CONTRACT

ARTICLES OF AGREEMENT, made and entered into this day of , 20 , by and between Name City, State hereinafter called the Contractor and the City of Troy, Troy, Michigan, hereinafter call the Owner.

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

1. That all Contract Documents, as defined in the General Conditions in the Specifications, hereto attached or herein referred to, shall be and are hereby made a part of, the agreement and contract;

2. The Contractor shall, under penalty of bond attached, furnish all labor, materials and equipment necessary and perform all of the work as set forth in his Proposal in strict accordance with the drawings, specifications and other documents which have been made a part of this contract in the manner, time and place as therein set forth.

3. In consideration whereof, the Owner agrees to pay to the Contractor the amounts provided in the attached Proposal, being the product of the unit prices therein set forth, multiplied by the number of units actually constructed, all in the time and manner as set forth in the Contract Documents;

4. In witness whereof, said parties have hereunto set their hands and seals, the day and year first above written.

SIGNED BY:

Signature of Authorized Representative Contractor (Company Name)

Printed Name of Authorized Representative Title of Authorized Representative

WITNESS:

Signature of Witness Printed Name of Witness

APPROVED BY (THE OWNER, CITY OF TROY)

City Engineer – G. Scott Finlay, P.E. City Clerk – M. Aileen Dickson

City Manager – Mark F. Miller Mayor – Ethan Baker

RESOLUTION # ________________________

APPROVED AS TO LEGALITY:

City Attorney – Lori Bluhm

CITY OF TROY INDEMNIFICATION (Hold Harmless) CLAUSE

CITY OF TROY ENG.DEPT.

To the fullest extent permitted by law, __________________

(Name of the Contractor/Vendor) agrees to defend, pay on behalf of, indemnify, and hold harmless the City of Troy, its elected and appointed officials, employees and volunteers and others working on behalf of the City of Troy against any and all claims, demands, suits, or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the City of Troy, its elected and appointed officials, employees, volunteers or others working on behalf of the City of Troy, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with the execution of activities by the Contractor/Vendor as outlined in this Agreement or as relating to or resulting from those activities.

CONTRACTOR

Contractor/Vendor representative signature/date

Witness

City of Troy representative signature/date

Witness

CITY OF TROY PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENT, that we the undersigned _____

(Contractor Name) as Principal and (Address)

Surety Name & Address) as Sureties, are hereby held and firmly bound unto the City of Troy in the full and just sum of Dollars ( $ ) for the payment of which, well and truly to be made, we do hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

WHEREAS, the above named Principal has entered into a contract with the City of Troy dated the day of A.D. 20_____.

WHEREIN, said Principal has covenanted and agreed as follows to wit: To complete the performance for:

Contract No. 24-05 Job Title: CHARNWOOD CHIP SEAL.

AND WHEREAS, this bond is given in compliance with and subject to the provisions of Act No. 213 of the Public Acts of Michigan, for the year 1963 and as may be amended by other Public Acts of Michigan.

NOW THEREFORE, the condition of the above obligation is such that if the said principal shall well and faithfully do and perform the things agreed to by such Principal to be done and performed under the annexed Contract according to the terms thereof, then this obligation shall be void, otherwise the same shall remain in full force and effect.

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

Signed and Sealed this day of 20

Signed, Sealed and Delivered in the Presence of:

By:

(Principal)

(Surety)

CITY OF TROY LABOR AND MATERIAL BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned hereinafter called the Principal, and hereinafter called the Surety, are held and firmly bound unto the people of the City of Troy in the sum of dollars ($ ), in lawful money of the United States, to the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Sealed with seals, and dated this day of A.D. 20_____.

WHEREAS, the above named Principal has entered into a contract with the City of Troy dated the day of A.D. 20_____.

WHEREIN, said Principal has covenanted and agreed as follows to wit: To furnish all labor and material for:

Contract No. 24-05 Job Title: CHARNWOOD CHIP SEAL.

AND WHEREAS, this bond is given in compliance with and subject to the provisions of Act No. 213 of the Public Acts of Michigan, for the year 1963 and as may be amended by other Public Acts of Michigan.

NOW THEREFORE, the condition of the obligation is such that if payment shall be made by the Principal to any subcontractor or by him or any subcontractor as the same may become due and payable of all indebtedness which may arise from him to a subcontractor or party performing labor or furnishing materials, or supplies or any subcontractor to any person, firm, or corporation on account of any labor performed or materials or supplies furnished in the performance of said contract then this obligation shall be void, otherwise, the same shall be in full force and effect.

AND PROVIDED, that any alterations which may be made in the terms of said contract, or in the work to be done under it, or the giving by the owner to the Contractor any extension of time for the performance of said contract or any other forbearance on the part of either party to the other shall not in any way release the Principal and the Surety or either of them, their heirs, executors, administrators, successors, or assigns from extension of time or forbearance is hereby waived.

Signed, Sealed and Delivered in the presence of:

By (Principal)

By (Surety)

CITY OF TROY MAINTENANCE AND GUARANTEE BOND

CHARNWOOD CHIP SEAL 1 / 2

KNOW ALL MEN BY THESE PRESENTS, that (Contractor Name & Address) as Principal, and (Surety Name & Address) as Surety, are held and firmly bound unto The City of Troy in the sum of Dollars ($ ) good and lawful money of the United States of America, to be paid for to said, its legal representatives and assigns, for which payment well and truly to be made, we find ourselves, our heirs, executors, administrators, successors and assigns, and each and every one of them jointly and severally, firmly by these presents. Sealed with our seals and dated this day of A.D., 20

WHEREAS, the above named principal has entered into a certain written contract with The City of Troy dated this day of A.D., 20 .

WHEREIN the said principal covenanted and agreed as follows, to wit:

NOW, THEREFORE, the condition of this obligation is such, that by and under said contract, the above named principal has agreed with the City of Troy that for a period of two (2) years from the date of final acceptance, to keep in good order and repair any defect in all the work done under said contract either by the principal or his sub-contractors, or his material suppliers, that may develop during said period due to improper materials, defective equipment, workmanship or arrangements, and any other work affected in making good such imperfections, shall also be made good all without expense to the Owner, excepting only such part or parts of said work as may have been disturbed without the consent or approval of the principal after the final acceptance of the work, and that whenever directed so to do by the City of Troy by notice served in writing, either personally or by mail, on the principal at

(Address) or its legal representatives or successors, or on the surety at

(Address) will proceed at once to make such repairs as directed by said City of Troy: and in case of failure so to do within one week from the date of service of such notice, or within reasonable time not less than one week, as shall be fixed in said notice, then the said City of Troy shall have the right to purchase such materials and employ such labor and equipment as may be necessary for the purpose, and to undertake, do and make such repairs, and charge the expense thereof to, and receive same from said principal or surety. If any repair is necessary to be made at once to protect life and property, then and in that case, the said City of Troy may take immediate steps to repair or barricade such defects without notice to the contractor. In such accounting the said City of Troy shall not be held to obtain the lowest figures for the doing of the work, or any part there, but all sums actually paid therefore shall be charged to the principal or surety. In this connection the judgment of the City of Troy is final and conclusive. If the said principal for a period of two (2) years from the date of final acceptance shall keep said work so constructed under said contract in good order and repair, excepting only such part or parts of said work which may have been disturbed without the consent of approval of said principal after the final acceptance of the same, and shall whenever notice is given as hereinbefore specified, at once proceed to make repair as in said notice directed, or shall reimburse said City of Troy for any expenses incurred by making

CITY OF TROY MAINTENANCE AND GUARANTEE BOND

CHARNWOOD CHIP SEAL 2 / 2

such repairs should the Principal or surety fail to do as hereinbefore specified, and shall fully indemnify, defend and save harmless the said City of Troy from all suits and actions for damages of every name and description brought or claimed against it for or an account of injury or damage to person or property received or sustained by any party or parties, by or from any of the acts or omissions or through the negligence of said principal, servants, agents, or employees, in the prosecution of the work included in said contract, and from any and all claims arising under the Workman's Compensation Act, so called, of the State of Michigan, then the above obligation shall be void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective authorized officers this day of A.D., 20 .

Signed, Sealed and Delivered in the presence of:

(L.S.)

(L.S.)

_____ (L.S.)

CITY OF TROY CONTRACTOR’S AFFIDAVIT

TO WHOM IT MAY CONCERN:

The undersigned, being duly sworn, deposes and says the following:

That he or she is of the, (Title) (Construction Company) the contractor for Contract No. 24-05. This work is located on the following streets:

and are owned by the City of Troy, Oakland County, Michigan;

That the total amount of the Contract, including extras, is $ , on which he has received payment of $ prior to this payment;

That all waivers are true, correct, and genuine, and delivered unconditionally and that there is no claim, either legal or equitable, to defeat the validity of said waivers:

That the following are names of all parties who have furnished material or labor, or both, for said work, and all parties having contracts or subcontracts for specific portions of said work or for material entering into the construction thereof, and the amount due or to become due to each, and that the items mentioned include all labor and materials required to complete said work according to plans and specifications:

NAMES WHAT FOR CONTRACT

PRICE

AMOUNT

PAID

THIS

PAYMENT

BALANCE

DUE

TOTAL LABOR & MATERIALS TO

COMPLETE:

That there are no other contracts for said work outstanding, and that there is nothing due to become due to any person for materials, labor, or other work of any kind done or to be done upon, or in connection with, said work other than above stated.

SIGNATURE PRINT NAME & TITLE

DATE

NOTARY’S SIGNATURE

Subscribed and sworn to before me this day of , 20_______.

CITY OF TROY CONTRACTOR’S DECLARATION

I hereby declare that I have not, during the period to , A.D. 20___, performed any work, furnished any material, sustained any loss, damage or delay for any reason, including soil conditions encountered or created or otherwise done anything for which I shall ask, demand, sue for, or claim compensation from CONTRACT 24-05 executed between myself and the City, and in the Change Orders for work issued by the City in writing as provided thereunder, except as I hereby make claim for additional compensation and/or extension of time, as set forth on the itemized statement attached hereto.

is There an itemized statement attached.

is not

Date:

Contractor:

Title:

CITY OF TROY FINAL WAIVER OF LIEN

TO WHOM IT MAY CONCERN:

Whereas, the undersigned has been employed by:

(Construction Company) to furnish for the premises known as which are owned by the City of Troy, Oakland County, Michigan.

The undersigned, for and in consideration of, the sum of $ and other good and valuable considerations, the receipt whereof is hereby acknowledged, do(es) hereby waive and release any and all lien or claim or right of lien under the statutes of the State of Michigan relating to mechanic’s liens on the above described premises and improvements thereon, and on the monies or other considerations due or to become due from the owner, on account of labor or services, material, fixtures or apparatus heretofore furnished or which may be furnished at any time hereafter by the undersigned for the above described premises.

COMPANY NAME: __________________________________________________

ADDRESS: __________________________________________________

CITY: __________________________________________________

STATE ZIP: __________________________________________________

TELEPHONE: __________________________________________________

PRINTED NAME & TITLE: __________________________________________________

SIGNATURE: _____________________________________ DATE: _________________

Note: All waivers must be for the full amount paid. If waiver is for a corporation, corporate name should be…