25373 - Hamtramck Leak Detection Program combined.pdf

25373 February 2025

CITY OF HAMTRAMCK

2025 WATER MAIN LEAK DETECTION PROGRAM

Advertisement, Instructions to Bidders, General Conditions of

Construction Contract, Contract, Specifications

Mayor and Council

City of Hamtramck

Mayor Amer Ghalib

Council

Khalil Refai Muhith Mahmood

Mohammed Alsomiri Abu Musa

Mohammed Hassan Muhtasin Sadman

City Manager, Max Garbarino

Director of Public Services, John DeAngelis

City Clerk, Rana Faraj

25373 TOC-1 February 2025

TABLE OF CONTENTS

PART I - BIDDING REQUIREMENTS PAGE NO.

Invitation to Bid ............................................................................................................................... AB-1

Instructions to Bidders .................................................................................................................... IB-1-5

Special Instructions to Bidders .................................................................................................... SIB-1-3

Bid Bond....................................................................................................................................... BB-1-2

PART II - CONTRACT FORMS

Proposal EXHIBIT A ......................................................................................................................... A-1

Itemized Pay Item Sheet ..................................................................................................................... A-2

Agreement .................................................................................................................................... AG-1-4

EXHIBIT B: Performance Bond ..................................................................................................... B-1-2

EXHIBIT C: Payment Bond ............................................................................................................ C-1-2

EXHIBIT D: Maintenance And Guarantee Bond ............................................................................ D-1-2

Contractor’s Affidavit for Current Estimate .................................................................................... CA-1

Contractor’s Affidavit for Final Estimate ........................................................................................ CA-2

Contractor’s Affidavit for Construction Materials .......................................................................... CA-3

Contractor’s Affidavit for Site Visit and Understanding ................................................................. CA-4

PART III - CONDITIONS OF THE CONTRACT

Article 1 — Definitions ................................................................................................................ GC-1-2

Article 2 — Preliminary Matters ..................................................................................................... GC-3

Article 3 — Contract Documents: Intent and Reuse ...................................................................... GC-4

Article 4 — Availability of Lands; Physical Conditions; Reference Points ................................... GC-5

Article 5 — Bonds and Insurance ................................................................................................ GC-6-9

Article 6 — Contractor's Responsibility................................................................................... GC-10-14

Article 7 — Work by Others ......................................................................................................... GC-15

Article 8 — Owner's Responsibility .............................................................................................. GC-16

Article 9 — Engineer's Status During Construction ................................................................. GC-17-18

Article 10 — Changes in Work ..................................................................................................... GC-19

Article 11 — Change of Contract Price ................................................................................... GC-20-21

Article 12 — Change of Contract Time ........................................................................................ CG-22

Article 13 — Warranty and Guarantee: Tests and Inspections; Correction, ........................... GC-23-24

Removal or Acceptance of Work

Article 14 — Payments to Contractor and Completion ............................................................ GC-25-27

Article 15 — Suspension of Work and Termination ..................................................................... GC-28

Article 16 — Miscellaneous .......................................................................................................... GC-29

PART IV – STANDARD SPECIFICATIONS

Traffic Maintenance & Control ..................................................................................................... SS-1-2

PART V - SPECIAL PROVISIONS

Utility Coordination ......................................................................................................................... SP-1

PART VI - METHODS AND MEASUREMENT OF PAYMENT

Mobilization .................................................................................................................................... MP-1

Traffic Maintenance & Control ....................................................................................................... MP-1

Water Leak Detection Survey ......................................................................................................... MP-1

Water Leak Detection Report .......................................................................................................... MP-2

25373 TOC-2 February 2025

Project Cleanup ............................................................................................................................... MP-3

PART VII - ATTACHMENTS

1. 2025 Leak Detection Map

2. Non-Discrimination - Elliott Larsen Civil Rights Act

3. Unfair labor Practices - Employers Engaging in Unfair Labor Practices Act

4. Anti-Lobbying

5. American Iron and Steel Contract Language

6. Build America, Buy America Contract Language

7. Prohibition on Certain Telecommunications and Video Surveillance Services or

Equipment

8. Davis-Bacon and Related Acts/Prevailing Federal Wages

9. Labor Standards Provisions for Federally Assisted Projects - 29 CFR Part 5

10. Disadvantaged Business Enterprises (DBE) Requirements

11. Certification Regarding Debarment, Suspension, and Other Responsibility Matters

12. Iran Sanctions Act

PART I

BIDDING REQUIREMENTS

25373 AB-1 February 2025

INVITATION TO BID

CITY OF HAMTRAMCK

WAYNE COUNTY, MICHIGAN

The City of Hamtramck, 3401 Evaline Street Hamtramck, MI 48212 is seeking bids for Water Audit Services related to a proposed comprehensive water leak and loss assessment. The proposal will consist of a leak detection survey and a final water audit master report, including recommendations.

The anticipated start date, weather permitting is June 15, 2025, and substantially completed by August 15, 2025, and final completion by August 31, 2025.

This project is funded through an ARPA Grant. The project requires Davis Bacon prevailing wages.

Minority Business Enterprises (MBE), Disadvantaged Business Enterprises (DBE) and Women-Owned Business Enterprises (WBE) will be afforded full opportunity to submit bids on this contract and will not be subject to discrimination on the basis of race, color, national origin, or sex in consideration of this award.

Task 1: Leak Detection Survey The leak detection survey will cover the entire 43 miles of water mains in the City, which consists mainly of cast iron pipes. There are 451 hydrants and 570 valves throughout the system. The survey will be accomplished by using acoustic amplifying equipment (e.g., FCS S-30 Surveyor) to listen along the pipelines. Personnel will listen on appurtenances such as hydrants, valves, and other direct contacts to the system. If excessive ambient background noise precludes effective survey work, the contractor shall reschedule that portion of the survey to a suitable time, such as nighttime hours.

Any change of schedule will be pre-approved with the City of Hamtramck. No additional compensation will be made to the contractor for these situations.

The above acoustic amplification process should yield the identification of leaks within approximately ten feet of the source. As part of the survey, personnel will also identify map corrections on Hamtramck’s section maps and submit weekly progress reports to the City.

Task 2: Water Audit Report On completion of the comprehensive water audit task work, a final report containing documentation of all data collected and the work performed will be submitted to the City. The report will include results, conclusions, and recommendations for reducing unaccounted for water, improve operational efficiency, increase revenue, and reduce expenses.

Results and recommendations are to be based on established AWWA standards for best management practices for water utilities. These best management practices incorporate operational, financial, and water resources performance indicators to set long-term leakage reduction targets. Such indicators will include:

• The unavoidable annual real losses (UARL) representing the technically low level that could exist in the system if it successfully applies the current BMP’s for leakage management.

• annual real losses divided by the UARL. (ILI between 2 and 8 is considered reasonable leak control).

25373 AB-2 February 2025

All questions shall be emailed to Tiffany Neubig, ttneubig@hengineers.com. (No Calls) The deadline for all questions is Monday, April 28, 2025, at 10:00 a.m. EST.

All documents shall be submitted to the City of Hamtramck in hard report form as well as electronic format as specified by the Engineer.

SEALED BIDS will be accepted At the offices of the City Clerk: City of Hamtramck, 3401 Evaline Street, Hamtramck, MI 48212. The bid must be clearly labeled “2025 WATER MAIN LEAK

DETECTION PROGRAM”

Two (2) Copies of the bid proposal shall be submitted to:

Rana Faraj, City Clerk City of Hamtramck 3401 Evaline Street Hamtramck, MI 48212 Deadline: Monday, May 5, 2025, at 10:00 a.m. (local time) Bids shall be publicly opened and read on: Monday, May 5, 2025, at 10:00 a.m. (local time)

Contract Documents will be available for download through BidNet services.

Bidders must deposit, with their bid, surety in the form of a certified check, bank draft, or bid bond, in the sum of five percent (5%) of the amount of the proposal. The OWNER reserves the right to waive any information or to reject any and/or all bids. Bidders may not withdraw their bid within 60 days after the date of bid opened.

Bidders may not withdraw their bid within 60 days after the date of bid opened. Note that the low bid contractor is not automatically awarded the project. The OWNER reserves the right to reject all bids or award the project to the most qualified bidder. The OWNER and ENGINEER will further assess the bids based on the following criteria.

1. COST EFFECTIVENESS

2. SIMILAR PAST PROJECT EXPERIENCE

3. ABILITY TO COMPLETE THE PROJECT WITHIN TIMEFRAME

Submit two (2) copies and a flash drive of the following items in the bid submittal:

1. 5% BID BOND

2. COMPLETED ITEMIZED BID SHEET

3. COMPLETED AND SIGNED EXHIBIT ‘A’ PROPOSAL

4. ALL SIGNED ADDENDUMS

5. (2) PROJECT REFERENCES WITH SIMILAR SCOPE

6. FLASH DRIVE OF ALL SUBMITTED DOCUMENTS

Bidders must deposit, with their bid, surety in the form of a certified check, bank draft, or bid bond, in the sum of five percent (5%) of the amount of the proposal. The OWNER reserves the right to waive any information or to reject any and/or all bids. Bidders may not withdraw their bid within 90 days after the date of bid opened.

City of Hamtramck Rana Faraj, City Clerk mailto:ttneubig@hengineers.com

25373 IB-1 February 2025

INSTRUCTIONS TO BIDDERS

Defined Terms

Disputes with respect to the definitions of any terms shall be resolved by Hennessey Engineers, Inc., (“ENGINEER”). The term “Successful Bidder” shall mean the qualified Bidder but not necessarily the lowest Bidder to whom The City of Hamtramck (“OWNER”) (on the basis of OWNER’s evaluation) makes an award.

Copies of Bidding Documents

1. All Bidding Documents for the project MUST be purchased or Downloaded from the

ENGINEER. Failure to purchase required documents and a bid is submitted by a

CONTRACTOR, the bid will be considered null and void. Only the documents supplied by the ENGINEER will be acceptable at the time of the bid opening.

2. Sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the advertisement or invitation may be obtained from ENGINEER (unless another issuing officer is designated in the advertisement or Invitation to Bid).

3. Complete sets of Bidding Documents shall be used in preparing bids. Every Bidder shall ascertain that every set the Bidder obtains from the OWNER or ENGINEER is complete.

Neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of the Bidding Documents.

4. OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining bids for the work and do not confer a license or grant for any other use of the Bidding Documents by the Bidder.

Qualifications of Bidders

To demonstrate qualifications to perform the work, each Bidder must be prepared to submit within five (5) days of OWNER’s or ENGINEER’s request, written evidence of any information deemed necessary by the ENGINEER for bid evaluation, including, but not limited to, financial data, previous experience, evidence of authority to conduct business in the jurisdiction where the project is located or covenant to obtain such qualification prior to award of the contract. Failure to submit any such data within the five (5) day period shall give the OWNER and the ENGINEER the right to finally reject the CONTRACTOR’s bid.

Examination of Contract Documents and Site

1. Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly;

(b) visit the site to familiarize itself with local conditions that may, in any way, affect cost, progress or performance of the work; (c) familiarize itself with federal, state and local laws, ordinances, rules and regulations that may, in any way, affect cost, progress or performance of the work; and (d) study and carefully correlate Bidder’s observations with the Contract

Documents.

2. Request may be made for the identification of those reports of investigations and tests of subsurface and latent physical conditions on the site or otherwise affecting cost, progress or performance of the work, which have been relied upon by ENGINEER in preparing the

Contract Documents. OWNER may make copies of such reports available to any Bidder requesting them. Before submitting its bid, each Bidder shall, at its own expense, prepare additional investigations and tests as the Bidder may deem necessary to prepare its bid for performance of the work. The OWNER and ENGINEER make no guarantee as to the accuracy or the completeness of the reports. Nor are they included in the Contract

Documents.

25373 IB-2 February 2025

3. On request, OWNER will provide each Bidder access to the site to conduct investigations and tests as each Bidder deems necessary for submission of his bid.

4. It is the responsibility of the CONTRACTOR to make whatever arrangements it deems necessary to obtain access to the property that is not included within the project, including, but not limited to, land necessary to obtain access to the project, land for storage of material and equipment, etc.

5. The submission of a bid will constitute an incontrovertible representation by the Bidder that it has complied with every requirement of this Article 4 and all other provisions of the Contract

Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work.

Interpretations

All questions relating to the meaning or intent of the Contract Documents shall be submitted to the

ENGINEER in writing. Replies, if any, may be issued if ENGINEER decides it to be in the interest of the project, by addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. ENGINEER reserves the right not to answer questions received less than 10 days prior to the date for opening of bids. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Bid Security

1. Bid Security shall be made payable to OWNER in an amount of five percent (5%) of the

Bidder’s maximum bid price and in the form of a certified or bank check or a Bid Bond (on the attached form if a form is prescribed) issued by a Surety meeting the requirements of

Article 5 of the General Conditions.

2. The bid security of the Successful Bidder will be retained until the Successful Bidder has executed the Agreement and furnished the required contract security, whereupon the bid security will be returned to the Successful Bidder. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 10 days of the

Notice of Award. OWNER may withdraw and/or void the Notice of Award and the bid security of the Successful Bidder will be forfeited. The bid security of all other Bidders whom the OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the fourteenth day after the “effective date of the

Agreement” (which term is defined in the General Conditions) or the ninety-first day after the date of the bid opening. The bid security of all other Bidders will be returned within 14 days of the date of the bid opening.

Contract Time

The number of days within which, or the date by which, the work is to be completed (the Contract

Time) is set forth in the Bid Form and shall be included in the Agreement.

Liquidated Damages

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

Substitute Material and Equipment

The Notice of Award shall be based on the materials and equipment described in the Contract

Documents without consideration of possible substitute of “or equal” items. Whenever it is indicated in the Contract Documents that a substitute of “or equal” items of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the “effective date of the Agreement.” The procedure for submittal of any such application by CONTRACTOR and consideration by

ENGINEER is set forth in Article 6 of the General Conditions.

25373 IB-3 February 2025

Subcontractors

If the ENGINEER requires the identity of certain SUBCONTRACTORs and other persons and organizations to be submitted to OWNER in advance of the Notice of Award, the Successful Bidder, and any other Bidder so requested shall, within five (5) days after the day of the bid opening, submit to OWNER a list of all SUBCONTRACTORs and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work as to which such identification is so required.

Such a list shall be accompanied by an Experience Statement with pertinent information as to similar projects and other evidence of qualifications for each such SUBCONTRACTOR, persons and organization. If OWNER or ENGINEER has any objection to any proposed SUBCONTRACTOR, other person or organization, either may, before giving the Notice of Award, request the Successful

Bidder to submit an acceptable substitute without an increase in bid price. If the apparent Successful

Bidder declines to make any such substitution, the Contract shall not be awarded to the Successful

Bidder. The Successful Bidder’s unwillingness to make such substitution will not constitute grounds for sacrificing its bid security. After giving the Notice of Award, if the OWNER or ENGINEER, after due investigation, has reasonable objection to any SUBCONTRACTOR, other person or organization, either may request the Successful Bidder to provide an acceptable substitute without an increase in the contract price. In such a case, neither the OWNER nor the ENGINEER shall be liable for any damages or remedies of either the CONTRACTOR or the SUBCONTRACTOR and other person or organization, of this provision of the Contract prior to the parties being contractually bound.

Bid Form

1. The Bid Form attached hereto; additional copies may be obtained from ENGINEER after payment of the required charge.

2. Bid Forms must be completed in ink or by typewriter but not pencil. The bid price of each item on the form must be stated in words and numerals. In the event of an inconsistency, the words will take precedence. However, if, in the opinion of the ENGINEER, the inconsistency is substantial, then the ENGINEER shall have the authority to consider the

CONTRACTOR’s bid non-uniform, and void and award the contract to another Bidder without the ENGINEER or OWNER incurring any liability to the rejected Bidder.

3. Bids by corporation must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate office must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

4. Bids by partnerships must be executed in the partnership name and signed by a partner whose title must appear under the signature. The address of the partnership must be included below the signature of the partner.

5. All names must be type or printed below the signature.

6. The bid shall contain an acknowledgment of receipt of all addenda prepared by the

ENGINEER (the numbers of which shall be filled in on the Bid Form).

7. The address to which communications regarding the bid are to be directed must be included.

Submission of Bids

Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be included in an opaque sealed envelope shall be enclosed in a separate envelope with the notation “BID

ENCLOSED” on the face thereof.

25373 IB-4 February 2025

Modification and Withdrawal of Bids

1. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a bid must be executed) and delivered to the place where bids are to be submitted at any time prior to the opening of bids.

2. If, within 24 hours after bids are opened, any Bidder files a duly-signed written notice with

OWNER, and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of his bid, that Bidder may withdraw his bid and the bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the work.

Opening of Bids

Bids will be opened publicly; they will be read aloud and an abstract of the amounts of the base bids and major alternates, if any, will be made available after the opening of bids.

Bids to Remain Open

All bids shall remain open for 90 days after the date of the bid opening. However, the OWNER may, in its sole discretion, release any bid and return the bid security prior to that date.

Award of Contract

1. OWNER shall have the right to reject any bid, to waive any and all informalities, to negotiate contract terms with the Successful Bidder, and to disregard all non-conforming, non-responsive or conditional bids. Discrepancies between the indicated sum of any column of figures and the correct sum thereof shall be resolved in favor of the correct sum. However, if, in the opinion of the ENGINEER, the conflict is substantial, then the OWNER shall have the right to consider the CONTRACTOR’s bid non-uniform, void the bid and award the Contract to another Bidder. The ENGINEER or OWNER shall incur no liability to the rejected

Bidder.

2. In evaluating bids, the OWNER and ENGINEER shall consider the qualifications of the

Bidders, whether or not the bids comply with the prescribed requirements, alternates and unit prices, if requested in the Bid Forms, and any other consideration the OWNER or

ENGINEER deems pertinent. OWNER may accept alternates in any order or combination.

3. The OWNER and ENGINEER may consider the qualifications and experience of

SUBCONTRACTORs and other persons and organizations (including those who are to furnish the principal items or material or equipment) proposed for those portions of the work as to which the identity of SUBCONTRACTORs and other persons or organizations must be submitted. Operating costs, maintenance considerations, performance data and guarantee of materials and equipment also may be considered by OWNER and ENGINEER.

4. The OWNER and ENGINEER may conduct such investigations as they deem necessary to assist in the evaluations of any bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed SUBCONTRACTORs and other persons and organizations to do the work in accordance with the Contract Documents.

5. The OWNER shall have the right to reject the bid of any Bidder who does not pass any such evaluation to OWNER’s and ENGINEER’s satisfaction.

6. If the contract is to be awarded, it will be awarded to the Bidder whose evaluation by

OWNER confirms to OWNER that the award will be in the best interests of the project.

7. If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within 60 days after the date of the bid opening.

25373 IB-5 February 2025

Performance and Other Bonds

Article 5 of the General Conditions sets forth OWNER’s requirements as to performance and other bonds. When the Successful Bidder delivers the executed Agreement to OWNER, it shall be accompanied by the required contract security.

Signing of the Agreement

When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by at least five (5) unsigned counterparts of the Agreement and all other Contract Documents. Within 10 days thereafter, CONTRACTOR shall sign and deliver all signed counterparts of the Agreement to the

OWNER with all other Contract Documents attached. Within 15 days thereafter, OWNER will deliver all fully signed counterparts to CONTRACTOR. ENGINEER will identify those portions of the Contract Documents not fully signed by OWNER and CONTRACTOR and such identification shall be binding on all parties. .

Special Legal Requirements

1. Statement required by federal, state or local law or regulation or funding agency or appropriate reference thereto;

2. Bid pricing requirements on base bid alternatives, cash allowances (see Article 11 of General

Conditions), unit prices and acceptable combinations;

3. Prep-purchasing by OWNER and subsequent assignment of purchase order to

CONTRACTOR;

4. OWNER’s special tax exemption;

5. Detailed description of work cross-reference to General Requirements; and

6. Division of work into separate parts with cross-reference to General Requirements.

These instructions to bidders are incorporated in the contract and made a part thereof.

25373 SIB-1 February 2025

SPECIAL INSTRUCTIONS TO BIDDERS

It is the intent of the OWNER that the CONTRACTOR shall complete all work as provided in the contract documents. However, the OWNER reserves the right to delete locations shown in the contract documents and to add additional locations within the City of Hamtramck.

Bid Prices

Bid prices shall remain firm for 90 days and shall include all costs associated with materials, equipment, tools, labor, signing, incidentals and transportation necessary to fully complete the project in compliance with the Specifications.

References: Provide a minimum of 3 municipal references of similar work along with the name and telephone number of the contact person. The contractor must have a minimum of 5 years of related experience.

ENGINEER

1. The ENGINEER, Hennessey Engineers, Inc., shall have general supervisory authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The ENGINEER also shall have authority to reject any work or materials, which do not conform to the contract, to resolve any questions regarding the Contract Documents, and to provide any interpretation of the Contract Documents.

2. The CONTRACTOR shall immediately report to the Engineer any questionable or obvious error or omission in the Contract Documents and shall not proceed with the work until the

ENGINEER has addressed the error or omission.

3. Questions regarding the specifications may be directed to Tiffany T. Neubig or Charles

Smith at (734) 759-1600.

4. The ENGINEER and OWNER shall have to the right to inspect any materials to be used by the CONTRACTOR in performing its work with respect to this contract.

5. The OWNER and ENGINEER do not assume any liability for the availability of materials, equipment or components required under this contract.

6. Materials, equipment, components or completed work not in compliance with the Contract

Documents may be rejected by the ENGINEER or designated representative, and shall be replaced by the CONTRACTOR at no cost to the OWNER or ENGINEER.

Responsibility of CONTRACTOR

1. The CONTRACTOR shall be responsible for its work. The CONTRACTOR assumes all risk of damage to its work under the contract and agrees to defend and indemnify the OWNER and ENGINEER against any and all claims arising out of, or related to, its work under the contract.

2. The CONTRACTOR shall be held responsible for the satisfactory and complete execution of its work under the contract. The CONTRACTOR shall provide, without extra charge, all incidental items required as a part of its work under the contract, even if not particularly specified or indicated.

3. All work performed by the CONTRACTOR shall comply with any and all industry standards and federal, state and local codes, statutes and ordinances which shall be considered as included as part of the Contract Documents.

4. Any reference in these documents to Standard Specifications shall mean the latest revision of those Specifications and shall become a part of the Contract Documents. Any part of the

25373 SIB-2 February 2025 work not completely detailed in these documents, or referenced in a Standard Specification, shall be governed by the latest edition of the proper industry document.

5. The CONTRACTOR shall supervise its work under the contract and shall have a competent person on site at all times when work is performed.

6. The CONTRACTOR shall daily remove all rubbish and accumulated materials resulting from its work under this contract.

7. The CONTRACTOR shall comply with all applicable OSHA and MIOSHA regulations.

8. This project is being funded through the State of Michigan Drinking Water Revolving Fund

(DWRF) loan program. This program requires that all employees that work on this project be paid according to the Davis-Bacon requirements. Wage rate determination schedules are included in the Attachments section of these contract documents.

9. All service line repairs must be made with Type K Copper unless otherwise approved by the

OWNER.

10. The CONTRACTOR is responsible for all restoration on private property and within the limits of the right-of-way.

Site Inspection

The CONTRACTOR is required to investigate and become familiar with all conditions relating to the work to be performed by it under this contract; shall verify all measurements and materials required under this contract; and shall be responsible for correctness of same. The CONTRACTOR shall not be entitled to any extra charges or compensation for any errors, omissions or miscalculations on the part of the CONTRACTOR, or because of the failure on the part of the CONTRACTOR to investigate or inspect the site.

Pre-Construction Record of Site

The CONTRACTOR will be responsible for taking photos or video of the pre-existing conditions inside of the building adjacent to where the water main connection will take place and on the outside of the building. Photos or video at a minimum shall show the condition of the existing piping adjacent to the connection, condition of basement walls, basement floor and landscaping as necessary. The cost to complete this work must be included in the cost to install the water service for each property.

Site Security

The CONTRACTOR shall be solely responsible for job site security of his materials and tools. The

OWNER and ENGINEER shall not be liable to the CONTRACTOR for any loss or damage to the

CONTRACTOR’s materials and tools.

Site Access

The OWNER will provide fair and reasonable access to the job site within the working schedule of both parties.

Access to Private Property

The CONTRACTOR will not be responsible for obtaining permission to enter private property. The

ENGINEER and OWNER will be contacting all property owners affected by this project and will have each property owner sign a hold harmless waiver prior to construction starting. Copies of these waivers will be provided to the CONTRACTOR for their record. It will be the CONTRACTOR’S responsibility to schedule the work through the ENGINEER to allow the ENGINEER OR OWNER to notify the homeowner of when work will take place.

Protection of Work, Property and Public

1. The CONTRACTOR shall maintain adequate protection of its work from damage and shall protect all public and private abutting property from injury or loss arising in connection with

25373 SIB-3 February 2025 this contract. The CONTRACTOR shall provide and maintain all barricades, lights, fences, watch persons or other facilities necessary to protect all persons from danger or hazardous conditions resulting from its work under this contract.

2. The CONTRACTOR shall confine its equipment and operations to those areas of the work site necessary for the completion of its work, or as authorized by the ENGINEER. The

CONTRACTOR shall protect and preserve from damage any facilities, utilities or features including trees, shrubs and turf, which are not required to be disturbed by the requirements of the work.

3. The CONTRACTOR shall supply and maintain all necessary lights, signs and barricades for the protection of the work and of the public. Traffic control devices used by the

CONTRACTOR shall conform to the Michigan Manual of Uniform Traffic Control Devices

(abstracted in a MDOT publication, “Construction Signing”).

4. All protection and control devices within the “area of construction” shall be considered as incidental to the performance of the work by the CONTRACTOR and, therefore, the

CONTRACTOR shall not be entitled to any extra payment of compensation for providing same. For purposes of this contract, the “area of construction” is defined as any city block in which the work of the CONTRACTOR may affect the safe travel of the public.

Construction Schedule and Coordination

1. Time is of the essence with respect to the work to be performed by the Contactor. Failure on the part of the CONTRACTOR to complete the work within the stated time it has set forth in the contract and agreed to herein, the CONTRACTOR shall be liable to the OWNER for any damages incurred by the OWNER as a result of such delay.

2. The CONTRACTOR shall coordinate with all other CONTRACTORs who may be working on the site in order to allow for the orderly progress of work being done on the site.

3. The CONTRACTOR shall supply the ENGINEER with an agreed upon Construction

Schedule before commencing any work under this contract. The Construction Schedule shall detail beginning and completion dates for each major component of the project.

4. Construction delays resulting from tardiness on the part of the CONTRACTOR will be reviewed by the ENGINEER in the event of any request for extension by the

CONTRACTOR.

5. The CONTRACTOR shall schedule all work to accommodate the City’s schedule. In the event CONTRACTOR’s schedule falls on weekends, nights or overtime work is required, no additional compensation will be allowed. All work shall be part of this Contract without regard to when it is done.

6. Note that this is a project requiring planning, scheduling and cooperation on the part of all parties concerned.

Salvage

All existing material deemed salvageable by the ENGINEER, shall be removed and delivered to the

City of Hamtramck Department of Public Services located at 3401 Evaline Street, Hamtramck, Michigan 48212.

25373 BB-1 February 2025

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ______________

_________________________________________________________ as Principal, and

_________________________________________________________ as Surety, are hereby held and firmly bound unto City of Hamtramck, 3401 Evaline Street, Hamtramck, Michigan 48212 as owner in the penal sum of ________________________________________________ for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed this _____________________ day of ___________________________ 20___.

The Condition of the above obligation is such that whereas the Principal has submitted to

___________________________________________________________ a certain Bid, attached hereto and hereby made a part thereof to enter into a contract in writing for the:

NOW, THEREFORE,

1. If said Bid shall be rejected, or in the alternate,

2. If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish bonds for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connecting therewith, and shall, in all other respects, perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or directed by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension.

25373 BB-2 February 2025

IT WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their property officers, the day and year first set forth above.

(L.S.)

Principal

Surety

By: ____________________________________________________________________

IMPORTANT: Surety companies executing bonds must appear of the Treasury Department’s most current list (Circular 570, as amended) and be authorized to transact business in the state where the project is located.

PART II

CONTRACT FORMS

25373 A-1 February 2025

EXHIBIT A: PROPOSAL

For

City of Hamtramck, Michigan

Bids will be due on:

Monday, May 5, 2025, at 10:00 a.m.

Bids will be opened on:

Monday, May 5, 2025, at 10:00 a.m.

TO: City of Hamtramck

3401 Evaline Street

Hamtramck, Michigan 48212

Gentlemen: The undersigned has examined the plans, specifications and locations of the above-described work and is fully informed as to the nature of the work and conditions relating to its performance and understands the quantities shown on the attached Itemized Bid Sheet(s) are approximate only and are subject to either increases or decreases unless specifically mentioned otherwise in this Contract; the undersigned fully understands all the Contract Documents including, but not limited to, Article 5 (Bonds and Insurance) of the General Conditions.

The undersigned hereby proposes to furnish all necessary machinery, tools, equipment, and other means of construction to do all the work, furnish all materials, except as herein specified, and to complete the work in strict conformity with the requirements of the Proposal and Specifications, all at unit prices set forth in the Itemized Bid Sheet(s).

The undersigned further agrees, if awarded the contract, to deliver executed contract and bonds and furnish evidence of insurance within 10 days after the date of award.

Signed: _________________________________ Address :______________________

Firm Name: _________________________________________________________________

Telephone: ___________________________ Fax: __________________________________

All erasures or alterations must be initialed by the bidder.

2025 LEAK DETECTION PROGRAM

CITY OF HAMTRAMCK

Line

Number Description

Estimated

Amount Unit Unit Price in Figures Unit Price in Words Line Total

1 Leak Detection 1 LSUM

2 Report Submittal 1 LSUM

3 Traffic Maintenance & Control 1 LSUM

TOTAL

25373 A-2 February 2025

25373 AG-1 February 2025

AGREEMENT

THIS AGREEMENT is dated as of the ________________ day of ________________ in the year 20___, by and between the City of Hamtramck, 3401 Evaline Street, Hamtramck, Michigan 48212 hereinafter called OWNER, and Sewer and hereinafter called CONTRACTOR, whereas OWNER and

CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK

CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows:

Article 2. ENGINEER

The proposal has been completed by Hennessey Engineers, Inc., 13500 Reeck Road, Southgate, Michigan 48195, which is hereinafter called ENGINEER, which will have the right and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

Article 3. CONTRACT TIME

3.1 The Work shall be substantially completed as provided in Article 2 of the General

Conditions, and completed and ready for final payment in accordance with Article 12 of the

General Conditions.

The work shall be completed for leak detection by August 15, 2025 and completed and ready for final payment by August 31, 2025.

The itemized bid sheets have an item for Construction Observation. The contractor is to enter the number of days they will need to complete the project. Any days that exceed the number of days the contractor bids will be at the cost of the contractor and will be deducted from the contract.

3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not substantially completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in presiding in a legal or arbitration proceeding and the actual loss suffered by OWNER if the work is not substantially completed on time.

Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER, City of Hamtramck, $550.00 for each day that expires after the time specified in paragraph

3.1 for completion until the work is completed.

Article 4. CONTRACT PRICE

OWNER shall pay CONTRACTOR for performance of the work in accordance with the Contract

Documents in current funds as shown in Exhibit A: Proposal.

25373 AG-2 February 2025

Article 5. PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General

Conditions. Applications for Payment will be processed by ENGINEER as provided in the General

Conditions. CONTRACTOR is to use AIA Document G-702 for all Applications of Payment.

5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR’S Applications for Payment as recommended by

ENGINEER about 45 days after submittal of pay request by CONTRACTOR. Progress payments will be on the basis of the progress of the work, the amount of which will be decided by the ENGINEER. Progress payments will be made in accordance with State Act

524.

5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with

Article 14 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Article.

Article 6. CONTRACTOR’S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations:

6.1 Whenever anywhere in these Contract Documents insurance is required, the name of the

OWNER.

6.2 CONTRACTOR has fully and completely familiarized himself with the nature and extent of the Contract Documents, work, locality and with all local conditions and federal, state and local laws, ordinances, rules and regulations that, in any manner, may affect cost, progress or performance of the work.

6.3 CONTRACTOR has studied carefully all reports of investigation and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the Supplementary Conditions.

6.4 CONTRACTOR has fully and completely made or caused to be made at CONTRACTOR’S expense, examinations, investigations, tests and studies of data, in addition to those referred to in paragraph 6.3 of the Agreement, including, but not limited to, subsurface conditions, soil and underground strength conditions, whether latent or not, and any underground utility structures or obstacles and any other data that may possibly be deemed pertinent to the performance of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and any additional examinations, investigations, tests, reports or similar data as will be required by

CONTRACTOR’s agent at CONTRACTOR’s expense. Such work should be considered incidental to the Contract Price.

6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract

Documents.

6.6 CONTRACTOR has given the ENGINEER written notice of all conflicts, errors, discrepancies that he has discovered in the Contract Documents and the written resolution thereof by the ENGINEER is acceptable to the CONTRACTOR.

6.7 The CONTRACTOR accepts all risk directly or indirectly connected with the performance of the Contract.

6.8 The CONTRACTOR warrants that he has not been influenced by an oral statement or promise of the OWNER or the ENGINEER, but only by the Contract Documents.

Article 7. CONTRACT DOCUMENTS

7.1 This Agreement (pages 1 through 4 inclusive)

7.2 Exhibit A: Proposal and Itemized Bid Sheet(s)

25373 AG-3 February 2025

7.3 All bonds identified as Exhibit B: Performance Bond, Exhibit C: Payment Bond and Exhibit

D: Maintenance and Guarantee Bond

7.4 Notice of Award

7.5 General Conditions

7.6 Instructions to Bidders

7.7 Standard Notes, Standard Specifications, Special Provisions and Attachments bearing the title: and consisting of 109 pages, as listed in the Table of Contents thereof.

Addenda Numbers ____ to ____ inclusive

a. CONTRACTOR’s Bid (pages ___ to ___ inclusive) marked Exhibit ___ (attach bid form only in special circumstances)

b. Documentation submitted by CONTRACTOR prior to Notice of Award (pages ___ to ___ inclusive)

c. Any modification, including Change Orders, duly delivered after execution of Agreement:

There are no Contract Documents other than those listed above in Article 7 of this

Agreement. The Contract Documents may only be altered, amended or repealed by a

Modification (as defined in Section 1 of the General Conditions)

Article 8. MISCELLANEOUS

8.1 Terms used in this Agreement, which are defined in Article 1 of the General Conditions, shall have the meanings indicated in the General Conditions.

8.2 No assignment by the CONTRACTOR hereto of any rights under or interest in the Contract

Documents will be binding on the OWNER hereto without the written consent of the part sought to be bound; and, specifically, any not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law); and, unless specifically stated to the contrary in any written consent to an agreement, no assignment will release or discharge the CONTRACTOR from any duty or responsibility under the Contract

Documents.

8.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the

Contract Documents.

Article 9. RESOLVING CONFLICTS

In resolving conflicts, errors and discrepancies, the documents shall be given precedence in the following order: Agreement, Modification, Addenda, Supplementary Conditions, Instructions to

Bidders, General Conditions, Special Provisions, Supplemental Specifications, Project Technical

Specifications and Standard Notes. Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All parties of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by

ENGINEER on their behalf.

This Agreement will be effective on ______________________ 20___.

25373 AG-4 February 2025

OWNER: City of Hamtramck, 3401 Evaline Street, Hamtramck, Michigan. 48212

By: ________________________________________________________________

(CORPORATE SEAL)

Attest _________________________________________________________________

Attest: _________________________________________________________________

Address for giving notices:…