25378 Bid Docs - Combined.pdf

25378 1 April 2025

HAMTRAMCK

2025 EARMARK ALLEY IMPROVEMENT PROJECT

REQUEST FOR BIDS: Issue Date 05-07-2025

Mayor Amer Ghalib

City Manager Max Garbarino

Director of Public Services John DeAngelis

City Council Khalil Refai, Mayor Pro-Tem Muhith Mahmood Abu Musa Mohammed Alsomiri Muhtasin Sadman Mohammed Hassan

25378 2 April 2025

TABLE OF CONTENTS

TABLE OF CONTENTS

INVITATION TO BID

INSTRUCTIONS TO BIDDERS

SPECIAL INSTRUCTIONS TO BIDDERS

BID BOND

EXHIBIT A: PROPOSAL

ITEMIZED BID SHEET

AGREEMENT

EXHIBIT B: PERFORMANCE BOND

EXHIBIT C: PAYMENT BOND

EXHIBIT D: MAINTENANCE AND GUARANTEE BOND

CONTRACTOR’S AFFIDAVIT: CURRENT ESTIMATE

CONTRACTOR’S AFFIDAVIT: FINAL ESTIMATE

CONTRACTOR’S AFFIDAVIT: CONSTRUCTION MATERIALS

CONTRACTOR'S AFFIDAVIT: SITE VISIT AND UNDERSTANDING

GENERAL CONDITIONS

CITY OF HAMTRAMCK STANDARD NOTES

SPECIAL PROVISIONS FOR

CONSTRUCTION STAKING

SPECIFICATIONS FOR

SOIL EROSION AND SEDIMENT CONTROL

TRAFFIC MAINTENANCE AND CONTROL

REMOVING PAVEMENT

SUBGRADE UNDERCUTTING

AGGREGATE BASE (CIP)

CONCRETE PAVEMENT

CONCRETE DRIVE APPROACH

CONCRETE SIDEWALK

CONCRETE ADA SIDEWALK RAMP

PAVEMENT MARKINGS

GRADING

ADJUSTING STRUCTURES

RECONSTRUCTING STRUCTURES

SIGN REMOVAL, SALVAGE AND REPLACEMENT

STORM SEWERS

DRAINAGE STRUCTURES

EDGE DRAIN

DRAINAGE STRUCTURE TAP

JOINT AND CRACK SEALING

RESTORATION

PROJECT CLEANUP

IDLED EQUIPMENT

WORK NEAR UNDERGROUND AT&T and DTE ENERGY CONDUITS

UTILITY COORDINATION

25378 3 April 2025

METHODS AND MEASUREMENT OF PAYMENT

AUDIO/VIDEO ROUTE SURVEY

MOBILIZATION

TRAFFIC MAINTENANCE and CONTROL

SOIL EROSION & SEDIMENTATION CONTROL

REMOVE PAVEMENT

REMOVE SIDEWALK

REMOVE DRIVEWAY

SAWCUTTING PAVEMENT

SIGN SALVAGE & RELOCATION

SIGN, MAILBOXES, PAPERBOXES & PARKING BLOCK SALVAGE & RELOCATION

REMOVE AND REPLACE SIGN, POST, BOLLARD OR ROOF DRAIN

REMOVE & REPLACE EXISTING GUARDRAIL

REMOVE STRUCTURES

REMOVE SEWERS

TREE REMOVAL

ADJUSTING SANITARY MANHOLE WITH EXTERNAL SEAL

ADJUSTING STRUCTURES

RECONSTRUCTING STRUCTURES

FRAME AND COVER

STORM STRUCTURE

STORM SEWER

SUBGRADE UNDERCUTTING

AGGREGATE BASE (CIP)

CONCRETE PAVEMENT

CONCRETE CURB & GUTTER

CONCRETE SIDEWALK

CONCRETE DRIVEWAY

HOT MIX ASPHALT (HMA) PAVEMENT

RESTORATION

PROJECT CLEANUP

APPENDIX A: PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS

UNFAIR LABOR PRACTICES

ANTI-LOBBYING

Davis Bacon MI20250075 02/21/2025

EQUIVALENCY PROJECTS CONTRACT BOILERPLATE LANGUAGE

Domestic Preference Requirements Build America, Buy America Contract Language AIS Contract Language Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Davis-Bacon and Related Acts/Prevailing Federal Wages Labor Standards Provisions for Federally Assisted Projects Disadvantaged Business Enterprise (DBE) Requirements Good Faith Efforts (GFE) Worksheet* Certification Regarding Debarment, Suspension, and Other Responsibility Matters*

PART VIII – ATTACHMENTS

1. 2025 EARMARK ALLEY IMPROVEMENT PROJECT Construction Drawings

25378 4 April 2025

INVITATION TO BID

The City of Hamtramck is requesting bids for the reconstruction of (9) Nine Alleys, approximately xx LF to be constructed with concrete pavement and the installation and or replacement of storm sewer catch basins and pipe. The anticipated start date is July 1, 2025, and substantially complete by November 1, 2025, and final completion by November 15, 2025.

This project is funded through a State Earmark 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.

SEALED BIDS will be accepted at the offices of the City Clerk. Bid must be clearly labeled

“HAMTRAMCK 2025 EARMARK ALLEY IMPROVEMENT PROJECT”

Two (2) hard copies of the bid proposals shall be submitted to:

Hamtramck City Clerk 3401 Evaline Street Hamtramck, MI 48212 Deadline: Tuesday, May 20, 2025, 9 am (EST).

Bids shall be publicly opened and read.

All RFI’s shall be emailed to Tiffany T. Neubig, ttneubig@hengineers.com (No calls) The deadline for Request for Information (RFI) is Wednesday, May 14, 2025, 10 AM (EST).

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.

COST EFFECTIVENESS

PAST PROJECT EXPERIENCE

ABILITY TO COMPLETE PROJECT WITHIN TIMEFRAME

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

5% Bid Bond mailto:ttneubig@hengineers.com

25378 5 April 2025

Completed Itemized Bid Sheet Completed and Signed Exhibit ‘A’ Proposal All signed addendums Two (2) Project References with Similar Scope 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

25378 6 April 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 downloaded directly from BidNet.

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

5. 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.

6. 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.

25378 7 April 2025

7. 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.

8. 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.

9. 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.

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.

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.

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

25378 8 April 2025 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

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

11. 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.

12. 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.

13. 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.

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

15. 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).

16. 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.

Modification and Withdrawal of Bids

17. 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.

18. 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.

25378 9 April 2025

Bids to Remain Open All bids shall remain open for 60 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

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

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.

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

25378 10 April 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.

Bid Prices Bid prices shall remain firm for 60 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.

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 plans and specifications for this project may be directed to Alan Cruz at

(734) 759-1600. The Engineer shall have to the right to inspect any materials to be used by the CONTRACTOR in performing its work with respect to this contract.

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

5. 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

6. 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.

7. 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.

8. 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.

9. 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 work

25378 11 April 2025 not completely detailed in these documents, or referenced in a Standard Specification, shall be governed by the latest edition of the proper industry document.

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

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

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

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.

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.

Protection of Work, Property and Public

13. 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 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.

14. 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.

15. 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”).

16. 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.

25378 12 April 2025

Construction Schedule and Coordination

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

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

25378 13 April 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 ST, HAMTRAMCK, MI 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:

2025 EARMARK ALLEY IMPROVEMENT PROJECT

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.

25378 14 April 2025

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.

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.

25378 15 April 2025

EXHIBIT A: PROPOSAL

TO: CITY OF HAMTRAMCK

3401 EVALINE ST

HAMTRAMCK, MI 48212

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.

The undersigned encloses a certified or cashier’s check or bid bond in the amount of five percent (5%) of the bid payable to the City and included with the bid submittal.

Signed: _________________________________ Address :______________________

Firm Name: _________________________________________________________________

Contact Name: _______________________________________________________________

Email: _____________________________________________________________________

Telephone: _________________________________________________________________

All erasures or alterations must be initialed by the bidder.

2025 STATE EARMARK ALLEY

RECONSTRUCTION PROGRAM

ITEMIZED BID SHEET

Line

Number Description

Estimated

Amount Unit

Unit Price in

Figures Unit Price in Words Line Total

1 Audio/Video Route Survey 1 LSUM $ -

2 Traffic Maintenance and Control 1 LSUM $ -

3 Erosion Control, Silt Sack 21 EACH $ -

4 Remove Pavement 7,500 SYD $ -

5 Remove Sidewalk 875 SFT $ -

6 Remove Driveway 900 SFT $ -

7 Remove Storm Sewer 11 LFT $ -

8 TREE, REM, 19 INCH TO 36 INCH 2 EACH $ -

9 Reconstruct Structure 12 EACH $ -

10 Install New Frame and Cover 35 EACH $ -

11 Adjust Structure 35 EACH $ -

12 Storm Catch Basin, Four-Foot (4’) Dia., TYPE "D" 2 EACH $ -

13 Storm Catch Basin, Three-Foot (3’) Dia., TYPE "D" 5 EACH $ -

14 Storm Sewer, SCH 80, PVC, 12-Inch 155 LFT $ -

15 Subgrade Undercutting 170 CYD $ -

Aggregate Base (CIP), 8-Inch MDOT 21A Crushed

Limestone

7,500 SYD $ -

17 Concrete Pavement, 8-Inch Nonreinforced 7,500 SYD $ -

18 Concrete Curb & Gutter, Integral 325 LFT $ -

19 Concrete Sidewalk, 4-Inch Nonreinforced 145 SFT $ -

20 Concrete Sidewalk, 8-Inch Nonreinforced 1,290 SFT $ -

21 Concrete Driveway, 8-Inch Nonreinforced 990 SFT $ -

25357 A-2 JUNE 2023

2025 STATE EARMARK ALLEY

RECONSTRUCTION PROGRAM

ITEMIZED BID SHEET

22 Restoration 1 LSUM $ -

TOTAL

*Important: Reference General Conditions Article 17

25357 A-2 JUNE 2023

25378 17 April 2025

AGREEMENT

THIS AGREEMENT is dated as of the ________________ day of ________________ in the year 20___, by and between the CITY OF HAMTRAMCK, 3401 EVALINE ST, HAMTRAMCK, MI 48212 hereinafter called OWNER, and herein after 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 for this project shall be substantially completed on the date specified in the Invitation to Bid document.

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, $500 for

25378 18 April 2025 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.

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 35 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.

25378 19 April 2025

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

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

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 Specifications and Special Provisions bearing the title:

HAMTRAMCK CITY HALL PAVING IMPROVEMENTS

7.8 Included Addendums

7.9 CONTRACTOR’s Bid

7.10 Documentation submitted by CONTRACTOR prior to Notice of Award

7.11 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

25378 20 April 2025

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___.

OWNER: CITY OF HAMTRAMCK, 3401 EVALINE ST, HAMTRAMCK, MI 48212

By: ________________________________________________________________

PRINT NAME SIGNATURE

CONTRACTOR: _________________________________________________________

By: _________________________________________________________________

PRINT NAME SIGNATURE

25378 21 April 2025

EXHIBIT B: PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of CONTRACTOR)

(CONTRACTOR Address)

CONTRACTOR Telephone: ____________________ Fax: __________________________

Hereinafter called Principal, and _________________________________________________ (Name of Surety)

(Surety Address)

Surety Telephone: ________________________ Fax: ________________________________

Hereinafter called Surety, are held and firmly bound unto:

CITY OF HAMTRAMCK

(Name of OWNER)

CITY OF HAMTRAMCK, 3401 EVALINE ST, HAMTRAMCK, MI 48212

(OWNER Address)

OWNER Telephone:

hereinafter called OWNER, in the penal sum of ____________________________ Dollars, ($____________ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain Contract with the OWNER, dated the ___ day of _________, 20___, a copy of which is hereto attached and made a part hereof for the construction of:

2025 EARMARK ALLEY IMPROVEMENT PROJECT

NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract, including any change of work which may be required by OWNER, with or without notice to the Surety, during the original term thereof, any extensions thereof which may be granted by the OWNER, with or without notice to the Surety, including

25378 22 April 2025 any change of work which may be required by OWNER, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alternation, or addition to the terms of the Contract or to work to be performed, thereunder, or the Specifications accompanying the same shall, in any way, affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this _____ day of _________________, 20___.

ATTEST:

Principal (Principal) Secretary

__________________________________ (SEAL)

By:

Address: ____________________________________________________________________

ATTEST:

Witness to Principal (Surety)

Address: ____________________________________________________________________

Phone: ___________________________ Fax: ________________________________

ATTEST:

By: Attorney-In-Fact (Surety) Secretary

(SEAL)

Phone: __________________________ Fax: ________________________________

25378 23 April 2025

NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR in Partnership, all Partners should execute Bond.

25378 24 April 2025

EXHIBIT C: PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of CONTRACTOR)

(CONTRACTOR Address)

CONTRACTOR Phone: _______________________ Fax: _______________________

Hereinafter called Principal, and ______________________________________________ (Name of Surety)

(Address of Surety)

Surety Phone: __________________________ Fax: ____________________________

Hereinafter called Surety, are held and firmly bound unto:

CITY OF HAMTRAMCK

(Name of OWNER)

(OWNER Address)

OWNER Telephone

Hereinafter called OWNER, in the penal sum of ___________________________________

Dollars, ($_____________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents:

THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain Contract with the OWNER, dated the _____ day of _____________, 20___, a copy of which is hereto attached and made a part hereof for the construction of:

2025 EARMARK ALLEY IMPROVEMENT PROJECT

NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORs and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extensions or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed

25378 25 April 2025 or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to work to be performed thereunder, or the Specifications accompanying the same shall, in any way, affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IT WITNESS WHEREOF, this instrument is executed five (5) counterparts, each one of which shall be deemed an original, this the ____ day of ________________________ 20____.

ATTEST:

Principal (Principal) Secretary

__________________________________ (SEAL)

By:

Address: ____________________________________________________________________

ATTEST:

Witness to Principal (Surety)

Phone: ___________________________ Fax: ________________________________

ATTEST:

By: (Surety) Secretary Attorney-In-Fact

(SEAL)

Phone: __________________________ Fax: ________________________________

25378 26 April 2025

NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all Partners should execute Bond.

EXHIBIT D: MAINTENANCE AND GUARANTEE BOND

KNOW ALL MEN THESE PRESENTS: that

_________________________________________________, CONTRACTOR, as Principal, and

____________________________________________________, as Surety, are held and firmly bound into the CITY OF HAMTRAMCK, 3401 EVALINE STREET, HAMTRAMCK, MI 48212

HEREINAFTER CALLED THE OWNER, in the sum of ________________________________ ___________________________ Dollars ($____________________) good and lawful money of the United States of America, to be paid to said OWNER, its legal representatives and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, and each and every one of them jointly and severally firmly by these presents.

WHEREAS, the above named Principal has entered into a certain written Contract with the OWNER, dated the __________ day of _______________________, 20____, for construction of work entitled:

(Hereinafter called the Contract). Which Contract and Specifications for said work shall be deemed a part herein as fully as if set out herein.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATON ARE SUCH, that by and under said CONTRACTOR, the above named Principal has agreed with OWNER that, for a period of two years from the date of payment of Final Estimate, to keep in good order and repair any defect in all the work done under said Contract either by the Principal or his SUBCONTRACTOR, 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 and that whenever directed so to do by the OWNER by notice served in writing, either personally or by mail on the Principal at:

OR

legal representatives, or successors, or on the Surety at:

25378 27 April 2025

WILL PROCEED at once to make such repairs as directed by said OWNER and, in case of failure to do so within one (1) week from the date of service of such notice, or within reasonable time not less than one (1) week, as shall be fixed in said notice, then the OWNER 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 OWNER may take immediate steps to repair or barricade such defects without notice to the CONTRACTOR. In above accounting, the OWNER shall not be held to obtain the lowest figures for doing of the work, or any part thereof, but all sums actually paid therefore shall be charged to the Principal or Surety. In this connection, the judgment of the OWNER is final and conclusive.