Bidding Documents.pdf

PUBLIC NOTICE FOR SEALED BIDDING

The Ypsilanti Community Utilities Authority (YCUA) will be accepting sealed bids for pavement repairs at approximately 55 locations in the City of Ypsilanti and the Charter Township of Ypsilanti. The work includes bituminous and/or concrete pavement repairs as well as concrete curb and gutter repairs. Hereafter all correspondence will be labeled “2025 Road Repairs Phase 2”.

Sealed bids will be accepted until 12:30 p.m. local time on July 10, 2025, in the Engineering Department at the Eldon P. Ahles Administration Building, 2777 State Road, Ypsilanti, MI 48198 and opened thereafter. Bid documents will be available on the Michigan Intergovernmental Trade Network at bidnetdirect.com after 12:00 p.m. local time on June 23, 2025. All inquiries and information concerning the “2025 Road Repairs Phase 2” shall be directed to Scott Westover, P.E., YCUA’s representative 734-484-4600 extension 220 or swestover@ycua.org.

Bidding Documents 1 of 38 June 23, 2025

INSTRUCTIONS TO BIDDERS

2025 Road Repairs Phase 2

Work to be done includes bituminous and/or concrete pavement repairs at various locations in both the City of Ypsilanti and the Charter Township of Ypsilanti. A list of repair locations has been included with this document. The list is intended to provide an overview of the various sizes and geographic locations of the repairs to be completed. YCUA staff has visited the repair locations and measured the anticipated repair dimensions, which are reflected in the attached list of locations.

The Contractor can store equipment and supplies at either the YCUA Service Center at 2780 Clark Road, Ypsilanti or the YCUA wastewater treatment plant at 2777 State Road, Ypsilanti. YCUA will not be responsible for any theft, damage, or loss of Contractor’s equipment or supplies on YCUA sites.

The Contractor for the project shall either be prequalified with the Michigan Department of Transportation (MDOT) for work in MDOT Classifications B, Ba, Cb, or J or, if not MDOT prequalified, the Contractor shall have a bonding capacity of not less than $2,000,000. The Contractor shall also have completed a minimum of 2 projects for public agencies within the past 2 years.

The following information must be supplied with each Bid: a completed and signed Bid Form, a Bid Bond or guarantee, a completed Statement of Qualifications, with proof of MDOT prequalification or sufficient bonding capacity, and a completed Subcontractor Listing. The Bid Bond or guarantee shall be for a sum not less than 5% of the total amount of the Bid. Acceptable forms of Bid guarantee include certified check and bank money order.

Submission of a Bid is certification that the Bidder is not currently debarred, suspended, proposed for debarment, and declared ineligible of voluntarily excluded from participation in this transaction by any Federal, State, or local agency. Prior to executing a Contract valued at $25,000 or more, the Contractor shall either complete the YCUA Debarment Form included in these Bid Documents or provide other equivalent written confirmation.

Bids that are determined to be materially unbalanced in accordance with the MDOT 2012 Standard Specifications for Construction will be rejected.

The project shall start within 10 business days of issuance of Notice to Proceed and shall be completed on or before October 31, 2025.

The Contractor shall meet with YCUA’s Safety Supervisor and supply any information and/or training required for their employees to work on YCUA property or facilities.

YCUA has the right to accept or reject all bids, quotes and proposals on labor and material for the project.

YCUA reserves and has the right to waive any and all irregularities in bidding. Bids, quotes or proposals that do not conform in every respect to bidding requirements may be accepted by YCUA.

Bidding Documents 2 of 38 June 23, 2025

After the time set for the submission or opening of bids, quotes or proposals, no bid, quote or proposal may be withdrawn for a period of sixty (60) days. However, any bidder may withdraw its proposal at any time prior to the specified time set for a formal opening of bids, quotes or proposals, if any.

Neither YCUA nor YCUA’s architects/engineers or representatives may give non-written answers to inquiries regarding the meaning of drawings, proposals, specifications, plans or similar documents or may provide non-written instruction previous to the award of a contract. Any non-written statement regarding same by any person, previous to the award of a contract, shall be deemed non-binding.

Any explanation desired by bidders must be requested of the YCUA architect/engineer or designated representative in writing.

Any addenda issued to bidders prior to the date of receipt of a bid, quote or proposal, shall become part of the work and all bids, quotes or proposals are to include the work described in any such addenda.

Bidding Documents 3 of 38 June 23, 2025

BID FORM

Item Description Estimated Quantity Unit Price Amount

1. Bituminous Pavement Repair, 5” thick or less 225 syd.

2. Bituminous Pavement Repair, greater than 5” thick to 8” thick 1,750 syd.

3. Bituminous Pavement Repair, greater than 8” thick to 11” thick 100 syd.

4. Bituminous Pavement Repair, greater than 11” thick 50 syd.

5. Bituminous Pavement Joint Sealant 3,500 lft.

6. Concrete Sawing and Sealing 400 lft.

7. Concrete Pavement Repair, 125 syd.

8” thick or less

8. Concrete Pavement Repair, 150 syd. ________ ____________ greater than 8” thick

9. Concrete Curb and Gutter Repair 290 lft.

Total (items 1 - 9, incl.)

Additional cost for locations that require installation of aggregate base per syd.

(Applies to items 1 – 4, 7 and 8 as listed above)

Receipt of the following addenda is acknowledged: No.: Date:

Bidder’s signature Date

Bidder’s printed name

Company

Bidding Documents 4 of 38 June 23, 2025

YCUA reserves and has the right, in YCUA’s sole discretion, to: reject or accept any bid/proposal, including without limitation, a non-conforming, non-responsive, unbalanced, incomplete or conditional bid/proposal; waive any failure to comply with or fully satisfy the requirements of bid specifications or the specifications of a request for proposal; extend the time for filing a bid or proposal; reject the bid/proposal of any bidder/proposer if YCUA believes it would not be in the best interest of the project or YCUA to make an award to that bidder/proposer; reject the bid or proposal of any bidder/proposer whom YCUA finds, after reasonable inquiry, to be non-responsible; waive all informalities not including price, time or changes in the work; or, negotiate contract terms with the apparent successful bidder/proposer.

Bidding Documents 5 of 38 June 23, 2025

BID BOND

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID: 2025 Road Repairs Phase 2

BID DUE DATE: July 10, 2025

PROJECT (Brief Description Including Location):

Bituminous and/or concrete pavement repairs at various locations in both the City of

Ypsilanti and the Charter Township of Ypsilanti.

Bidding Documents 6 of 38 June 23, 2025

BOND

BOND NUMBER: ____________________________________________

DATE (Not later than Bid due Date): ________________________________

PENAL SUM: __________________________ ________________________

(Words) (Figures)

IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By:___________________________ By: __________________________ Signature and Title Signature and Title

(Attach Power of Attorney)

Attest: _______________________ Attest: _______________________ (Signature and Title) (Signature and Title)

Bidding Documents 7 of 38 June 23, 2025

STATEMENT OF QUALIFICATIONS

Bidder must answer all questions. If more space is needed to complete a question, attach a separate sheet. Bidder may submit any additional information.

Name:

Address: ________________________________ Phone: __________________

Number of years operating under your present name: ___________

Bonding Capacity: _________________________

Bonding Company: _________________________ Phone: __________________

Prequalified by MDOT to bid on projects of this magnitude and type of work

(circle one) YES NO Prequalification Number: __________________

General nature of work performed by your company:

Background and experience of the principal members of your organization including officers:

Major equipment available for this contract: ___________________________________

Bidding Documents 8 of 38 June 23, 2025

CURRENT PROJECTS:

Project Project Project

Name: _____________ _____________ ______________

Owner: _____________ _____________ ______________

Contact Person: _____________ _____________ ______________

Phone: _____________ _____________ ______________

Contract Amount: _____________ _____________ ______________

Completion Date: _____________ _____________ ______________

% Complete: _____________ _____________ ______________

COMPLETED PROJECTS:

Project Project Project

Name: _____________ ______________ ______________

Owner: _____________ ______________ ______________

Contact Person: _____________ ______________ ______________

Phone: _____________ ______________ ______________

Contract Amount: _____________ ______________ ______________

Date Completed: _____________ ______________ ______________

Additional information that may be pertinent to demonstrate your ability to complete this project.

Bidding Documents 9 of 38 June 23, 2025

SUBCONTRACTOR LISTING

Bidder submits to use the following subcontractors for performance of the work in accordance with the Instructions to Bidders.

Notice to Bidder: List all work you propose to sublet on this Contract. Include each subcontractors name, address, phone, fax and e-mail address. Also including a description of work to be performed by subcontractor. For example: restoration, landscaping, lighting, signage, bore and jack, etc. List approximate dollar value of the subcontract.

NAME, ADDRESS & PHONE NO. OF DESCRIPTION OF APPROXIMATE

SUBCONTRACTOR WORK DOLLAR VALUE

OF SUBCONTRACT

Phone: __________________________

FAX: __________________________

E-Mail: __________________________

Phone: __________________________

Bidding Documents 10 of 38 June 23, 2025

NAME, ADDRESS & PHONE NO. OF DESCRIPTION OF APPROXIMATE

SUBCONTRACTOR WORK DOLLAR VALUE

OF SUBCONTRACT

Phone: __________________________

Phone: __________________________

Phone: __________________________

Bidding Documents 11 of 38 June 23, 2025

Debarment Form

Debarment Form Revised December 9, 2024

Completion of a Debarment Form by a vendor is required whenever the Authority is entering into a contract of $25,000 or more unless equivalent confirmation is obtained through a written contract and/or other vendor certification.

A. Applicant Information

Applicant:

Contract/Purchase Order:

B. Certification

As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, Sections

85.105 and 85.110 – the Applicant certifies that it and its principals are (a) not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency, (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated; and (d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default.

C. Signature

I understand that a false statement on this certification may be grounds for the rejection of this proposal or termination of the award.

Name and Title of Authorized Representative: ___________________________________________________________

Signature of Authorized Representative: ____________________________________________________________________

Date: _____________________________________

Bidding Documents 12 of 38 June 23, 2025

YPSILANTI COMMUNITY UTILITIES AUTHORITY CONTRACT

This Contract (“Contract”) is entered into this _______ day of __________________, 2025, by and between the YPSILANTI COMMUNITY UTILITIES AUTHORITY, 2777 State

Road, Ypsilanti, Michigan 48198-9112, a Michigan municipal corporation (“YCUA”) and

_________________________________________________________________(“Contractor”).

1. The “Contract Documents” shall consist of this Contract, the General and Supplemental Terms, Conditions & Specifications, the final plans for the work to be performed under the Contract as approved by YCUA (“Plans”), bonds required for the work, and all other documents attached to or referred to in this Contract.

2. The Contractor, under penalty of bonds attached, if any, shall furnish all labor, materials, and appurtenances necessary and do all of the work as set forth in the Contract Documents, generally described as follows and in accordance with and in the manner, time and place set forth in the Plans and the other Contract Documents (the “Work”):

3. In consideration of fully performing the Work in accordance with the Contract Documents, YCUA promises and agrees to pay to Contractor the sum of $_______________________ (“Contract Price”) pursuant to the following payment schedule:

4. Time is of the essence of this Contract. Contractor agrees to begin construction of the Work forthwith and to continue with reasonable diligence to substantial completion by October 31, 2025 (“Contract Time”). “Substantial Completion” shall be defined as the Work being sufficiently complete in accordance with the Contract Documents so that YCUA can occupy or use the Work for its intended use and all items requiring issuance of final inspection and/or approval by YCUA and any governmental entity having jurisdiction over the Work have received such final inspection and approval, as applicable. Final completion shall occur not later than thirty (30) days following Substantial Completion.

5. For the faithful performance of all of the stipulations, terms and conditions of this Contract, the parties respectfully bind themselves, their successors, heirs, executors, administrators and assigns.

Bidding Documents 13 of 38 June 23, 2025

IN WITNESS WHEREOF, the parties have set their hands to this Contract, in duplicate, the day and year first above written.

WITNESS: YPSILANTI COMMUNITY UTILITIES AUTHORITY

_____________________________ By: _________________________________________

Name: _______________________________________

Its: Director

WITNESS: (INSERT CONTRACTOR NAME)

_____________________________ By: ________________________________________

Name: _______________________________________ Its: _______________________________________

Bidding Documents 14 of 38 June 23, 2025

PERFORMANCE BOND

Any singular reference to CONTRACTOR, Surety, OWNER or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):

Ypsilanti Community Utilities Authority 2777 State Road Ypsilanti, MI 48198-9112

CONTRACT

Date:

Amount:

Description (Name and Location): 2025 Road Repairs Phase 2 City of Ypsilanti and Charter Township of Ypsilanti, Michigan

BOND

Date (Not earlier than Contract Date):

Amount:

Modifications to this Bond Form:

Surety and CONTRACTOR, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed to its behalf by its authorized officer, agent of representative.

CONTRACTOR AS PRINCIPAL SURETY

Company: __________ (Corp. Seal) Company: ___________ (Corp. Seal)

Signature: _____________________ Signature: ______________________

Name & Title: _____________________ Name & Title: ______________________ (Attach Power of Attorney)

(Space is provided below for signatures of additional parties, if required).

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: _____________________ Signature: _______________________

Name & Title: _____________________ Name & Title: _______________________ (Attach Power of Attorney)

Bidding Documents 15 of 38 June 23, 2025

1. The CONTRACTOR and the Surety, .3.1. The Surety is accordance with jointly and severally, bind themselves, the terms of the Contract;

their heirs, executors, administrators, successors and assigns to the OWNER for 3.3.2. Another contractor selected the performance of the Contract, which is pursuant to paragraph 4.3 to incorporated herein by reference. perform the Contract.

2. If the CONTRACTOR performs the 4. When the OWNER has satisfied the Contract, the Surety and the conditions of paragraph 3, the Surety CONTRACTOR have no obligation shall promptly and at the Surety’s expense under this Bond, except to participate in take on of the following actions:

conferences as provided in paragraph 3.1

4.1 Arrange for the CONTRACTOR,

3. If there is no OWNER Default, the with consent of the OWNER, to Surety’s obligation under this Bond shall perform and complete the Contract;

arise after: or

3.1. The OWNER has notified the 4.2 Undertake to perform and complete CONTRACTOR and the Surety at the Contract itself, through its agents the addresses described in paragraph or through independent contractors;

10 below, that the OWNER is or considering declaring a CONTRACTOR Default and has 4.3 Obtain bids or negotiated proposals requested and attempted to arrange a from qualified contractors acceptable conference with the CONTRACTOR to the OWNER for a contract for and the Surety to be held not later performance and completion of the than fifteen days after receipt of such Contract, arrange for a contract to be notice to discuss methods of prepared for execution by the performing the Contract. If the OWNER and the contractor selected OWNER, the CONTRACTOR and with the OWNER’s concurrence, to the Surety agree, the be secured with performance and CONTRACTOR shall be allowed a payment bonds executed by a reasonable time to perform the qualified surety equivalent to the contract, but such an agreement Bonds issued on the Contract, and shall not waive the OWNER’s right, pay to the OWNER the amount of if any, subsequently to declare a damages as described in paragraph 6 CONTRACTOR Default; and in excess of the Balance of the Contract Price incurred by the

3.2 The OWNER has declared a OWNER resulting from the

CONTRACTOR Default and CONTRACTOR Default; or formally terminated the CONTRACTOR’s right to complete 4.4 Waive its right to perform and the Contract. Such CONTRACTOR complete, arrange for completion, or default shall not be declared earlier obtain a new contractor and with than twenty days after the reasonable promptness under the CONTRACTOR and the Surety have circumstances;

received notice as provided in Paragraph 3.1; and 4.4.1. After investigation, determine the amount for which it may be

3.3 The OWNER has agreed to pay the liable to the OWNER and, as balance of the Contract Price to: soon as practicable after the amount is determined, tender resulting from the actions or failure payment therefore to the to act of the Surety under paragraph OWNER; or 4; and

Bidding Documents 16 of 38 June 23, 2025

4.4.2. Deny liability in whole or in 6.3. Liquidated damages, or if no part and notify the OWNER liquidated damages are specified in citing reasons therefore. the Contract, actual damages caused by delayed performance or

5. If the Surety does not proceed as provided non-performance of the in paragraph 4 with reasonable CONTRACTOR.

promptness, the Surety shall be deemed to be in default on the Bond fifteen days 7. The Surety shall not be liable to the after receipt of an additional written OWNER or others for obligations of the notice from the OWNER to the Surety CONTRACTOR that are unrelated to the demanding that the Surety perform its Contract, and the Balance of the Contract obligations under this Bond, and the Price shall not be reduced or set off on OWNER shall be entitled to enforce any account of any such unrelated remedy available to the OWNER. If the obligations. No right of action shall surety proceeds as provided in paragraph accrue on the bond to any person or 4.4, and the OWNER refuses the payment entity other than the OWNER or its tendered or the Surety has denied heirs, executors, administrators, liability, in whole or in part, without or successors.

Further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. 8. The Surety hereby waives notice of any Change, including changes of time, to

6. After the OWNER has terminated the the Contract or to related subcontracts, CONTRACTOR’s right to complete the purchase orders and other obligations.

contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, 9. Any proceeding, legal or equitable, then the responsibilities of the Surety to this Bond may be instituted in any the OWNER shall not be greater than of competent jurisdiction in the those of the CONTRACTOR under the location in which the Work or part of contract, and the responsibilities of the the Work is located and shall be OWNER to the Surety shall not be greater instituted within two years after than those of the OWNER under the CONTRACTOR default or within Contract. To a limit of the amount of this two years after the CONTRACTOR Bond, but subject to commitment by the ceased working or within two years OWNER of the Balance of the Contract after the Surety refuses or fails to than those of the OWNER under the perform its obligations under this contract. To a limit of the amount of this Bond, whichever occurs first. If the bond, but subject to commitment by the provisions of this paragraph are void OWNER of the Balance of the Contract or prohibited by law, the minimum price to mitigation of costs and damages period of limitation available to on the Contract, the Surety is obligated sureties as a defense in the jurisdiction without duplication for: of the suite shall be applicable.

6.1. The responsibilities of the 10. Notice of the Surety, the OWNER or CONTRACTOR for correction of the CONTRACTOR shall be mailed or Defective Work and completion of delivered to the address shown on the the Contract; signature page.

6.2. Additional legal, design professional 11. When this Bond has been furnished to and delay costs resulting from the comply with a statutory or other legal CONTRACTOR’s Default, and requirement, in the location where the

Bidding Documents 17 of 38 June 23, 2025

Contract was being performed, any behalf of the CONTRACTOR under provision in this Bond conflicting with the Contract.

said statutory or legal requirement shall be deemed deleted here from and 12.2. Contract: the agreement between provisions conforming to such statutory the OWNER and the CONTRACTOR or other legal requirement shall be identified on the signature page, including deemed incorporated herein. The intent is all Contract Documents and changes that this Bond shall be constructed as a thereto.

statutory bond and not as a common law Bond.

12.3. CONTRACTOR Default: Failure

12. Definitions. of the CONTRACTOR, which has neither been remedied nor waived, to

12.1. Balance of the Contract Price: perform or otherwise to comply with the total amount payable by the the terms of the Contract.

OWNER to the CONTRACTOR Under the Contract after all proper 12.4. OWNER Default: Failure of the adjustments have been made, OWNER, which has neither been including allowance to the remedied nor waived, to pay the CONTRACTOR or any amounts CONTRACTOR as required by the received or to be received by the contract or to perform and complete OWNER in settlement of insurance or comply with the other terms thereof.

or other Claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on

End of Section

Bidding Documents 18 of 38 June 23, 2025

PAYMENT BOND

Any singular reference to CONTRACTOR, Surety, OWNER or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):

2777 State Road Ypsilanti, MI 48198-9112

CONTRACT

Date:

Amount:

Description (Name and Location): 2025 Road Repairs Phase 2 City of Ypsilanti and Charter Township of Ypsilanti, Michigan

BOND

Date (Not earlier than Contract Date):

Amount:

Modifications to this Bond Form:

Surety and CONTRACTOR, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment bond to be duly executed on its behalf by its authorized officer, agency, or representative.

CONTRACTOR AS PRINCIPAL SURETY

Company: _____________ (Corp. Seal) Company: _______________ (Corp. Seal)

Signature: _______________________ Signature: __________________________

Name and Title: __________________ Name and Title: _____________________ (Attach Power of Attorney)

(Space is provided below for signature of additional parties, if required).

CONTRACTOR AS PRINCIPAL SURETY

Company: _____________ (Corp. Seal) Company: _______________ (Corp. Seal)

Signature: _______________________ Signature: __________________________

Name and Title: __________________ Name and Title: _____________________

(Attach Power of Attorney)

Bidding Documents 19 of 38 June 23, 2025

1. The CONTRACTOR and the Surety, jointly 4.2.1. Have furnished written notice to the and severally, bind themselves, their heirs CONTRACTOR and sent a copy, or executors, administrators, successors and notice thereof, to the OWNER, assigns to the OWNER to pay for labor, within 90 days after having last materials and equipment furnished for use in performed labor or last furnished the performance of the Contract, which is materials or equipment included in incorporated herein by reference. the claim slating, with substantial accuracy, the amount of the claim

2. With respect to the OWNER, this obligation and the name of the party to whom shall be null and void if the CONTRACTOR: the materials were furnished or supplied or for whom the labor was

2.1. Promptly make payment, directly or done or performed; and indirectly, for all sums due Claimants, and 4.2.2. Have either received a rejection in whole or in part from the

2.2. Defends, indemnifies and holds harmless CONTRACTOR, or not received the OWNER from all claims, demands, within 30 days of furnishing the liens or suits by any person or entity who above notice any communication furnished labor, materials or equipment from the CONTRACTOR by which for use in the performance of the the CONTRACTOR had indicated Contract, provided the OWNER has the claim will be paid directly or promptly notified the CONTRACTOR indirectly; and and the Surety (at the addresses described in paragraph 12) of any claims, 4.2.3. Not having been paid within the demands, liens or suits and tendered above 30 days, have sent a written defense of such claims, demands, liens notice to the Surety and sent a copy, or suits to the CONTRACTOR and the or notice thereof, to the OWNER, Surety, and provided there is no stating that a claim is being made OWNER Default. under this Bond and enclosing a Copy of the previous written notice

3. With respect to Claimants, this obligation furnished to the CONTRACTOR.

shall be null and void if the CONTRACTOR promptly makes payment, directly or 5. If a notice required by paragraph 4 is given by indirectly, for all sums due. the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance.

4. The Surety shall have no obligation to Claimants under this Bond until: 6. When the Claimant has satisfied the Conditions of paragraph 4, the Surety shall

4.1. Claimants who are employed by or have a promptly and at the Surety’s expense take the direct contract with the CONTRACTOR following actions:

have given notice to the surety (at the addresses described in paragraph 12) and 6.1. Send an answer to the Claimant, with a sent a copy, or notice thereof, to the copy to the OWNER, within 45 days OWNER, stating that a claim is being after receipt of the claim, stating the made under this Bond and, with amounts that are undisputed and the substantial accuracy, the amount of the basis for challenging any amounts that claim. are disputed.

4.2. Claimants who do not have a direct 6.2. Pay or arrange for payment of any contract with the CONTRACTOR: undisputed amounts.

Bidding Documents 20 of 38 June 23, 2025

7. The Surety’s total obligation shall not exceed 12. Notice to the Surety, the OWNER of the the amount of this Bond, and the amount of CONTRACTOR shall be mailed or delivered this Bond shall be credited for any payments to the addressee shown on the signature page.

made in good faith by the Surety. Actual receipt of notice by Surety, the OWNER or the CONTRACTOR, however

8. Amounts owed by the OWNER to the accomplished, shall be sufficient compliance CONTRACTOR under the Contract shall be as of the date received at the address shown used for the performance of the Contract and on the signature page.

to satisfy claims, if any, under any Performance Bond. By the CONTRACTOR 13. When this Bond has been furnished to comply furnishing and the OWNER accepting this with a statutory or other legal requirement in Bond, they agree that all funds earned by the the location where the Contract was to be CONTRACTOR in the performance of the performed, any provision in the Bond contract are dedicated to satisfy obligations conflicting with said statutory or legal of the CONTRACTOR and the Surety under requirement shall be deemed deleted this Bond, subject to the OWNER’s priority herefrom and provisions conforming to such to use the funds for the completion of the statutory or other legal requirement shall be Work. Deemed incorporated herein. The intent is, that this Bond shall be construed as a

9. The Surety shall not be liable to the OWNER, statutory Bond and not as a common law claimants or others for obligations of the bond.

CONTRACTOR that are unrelated to the contract. The OWNER shall not be liable for 14. Upon request of any person or entity payment of any costs or expenses of any appearing to be a potential beneficiary of this claimant under this Bond, and shall have Bond, the CONTRACTOR shall promptly under this Bond no obligations to make furnish a copy of the Bond or shall permit a payments to, give notices on behalf of, or otherwise have obligations to Claimants 15. DEFINITIONS under this Bond.

15.1. Claimant: an individual or entity

10. The Surety hereby waives notice of any having a direct contract with the change, including changes of time, to the CONTRACTOR or with a Subcontractor Contract or to related subcontracts, purchase of the CONTRACTOR to furnish labor, Material or equipment for use in the

11. No suite or action shall be commenced by a performance of the Contract. The intent claimant under this Bond other than in a of this Bond shall be to include without court of competent jurisdiction in the location limitation in the terms “labor, materials in which the Work or part of the Work is or equipment” that part of water, gas located or after the expiration of one year power, light, heat, oil, gasoline, from the date (1) on which the Claimant gave telephone service or rental equipment the notice required by paragraph 4.1 or used in the Contract, architectural and Paragraph 4.2.3, or (2) on which the last labor engineering services required for or service was performed by anyone or the performance of the Work of the last materials or equipment were furnished by CONTRACTOR and the anyone under the Construction Contract, CONTRACTOR’S Subcontractors, and whichever of (1) or (2) first occurs. If the all other items for which a mechanic’s provisions of this paragraph are void or lien may be asserted in the jurisdiction prohibited by law, the minimum period of where the labor, materials or equipment limitation available to sureties as a defense in were furnished.

the jurisdiction of the suit shall be applicable.

Bidding Documents 21 of 38 June 23, 2025

15.2. Contract: The agreement between 15.3. OWNER Default: Failure of the the OWNER and the CONTRACTOR OWNER, which has neither been identified on the signature page, remedied nor waived, to pay the including all Contract Documents and CONTRACTOR as required by the changes thereto. Contract or to perform and complete or comply with the other terms thereof.

End of Section

Bidding Documents 22 of 38 June 23, 2025

GENERAL TERMS, CONDITIONS AND SPECIFICATIONS TO YPSILANTI

COMMUNITY UTILITIES AUTHORITY CONTRACT

CONTRACT FOR: 2025 Road Repairs Phase 2

DATE: June 23, 2025

The following General Terms, Conditions and Specifications apply to the Contract entered into between YCUA and Contractor. YCUA and Contractor are collectively referred to as the “Parties.” Capitalized terms used herein that are not otherwise defined, below shall have the meaning assigned to them in the Contract.

Scope of Work and General Conditions

1. The Contractor and all of its subcontractors shall comply with all applicable provisions of federal, state and municipal laws, ordinances, rules, regulations, codes (including building codes) and lawful orders of public authorities bearing on performance of the Work pursuant to the Contract to, among other things, prevent accidents and injury to persons on, about or adjacent to the premises where the work is being performed, including all requirements of the Michigan Occupational Safety and Health Administration (MIOSHA) insofar as they apply to the Work.

2. Depending on the work to be performed, the YCUA Health and Safety Supervisor may request, and the Contractor and its subcontractors shall upon such request, provide the Health and Safety Supervisor with written documentation of the Contractor’s and subcontractor’s safety plan for the work/project. The Health and Safety Supervisor may demand such documentation or copies of any certification(s) that may be necessary for the Work as required by MIOSHA or any other governmental agency or entity before, during or after completion of the Work.

3. The Contractor, its subcontractors and their respective employees may be required to attend a safety meeting or presentation about safety hazards on YCUA properties.

4. YCUA’s Health and Safety Supervisor or other designated representative must be presented with copies of all Chemical and Material Safety Data Sheets before any chemical or potentially hazardous materials may be stored or used on any YCUA properties. The YCUA reserves the right to review all plans and schedules for employee safety.

5. Regardless of YCUA’s review of a safety plan or other action relative to safety issues, all risks associated with the Work to be performed are solely borne by the Contractor, as are any costs associated with damages, injuries or losses arising out of performance of the Work arising from or relating to the Contract.

6. The Contractor shall furnish and place traffic control devices and safety caution barriers to safely direct automobile, truck and equipment traffic and protect pedestrians, if necessary.

7. The Contractor shall keep the job site clean and orderly while Work is in progress. After the Work is completed, the Contractor shall remove all temporary structures, rubbish and waste materials resulting from the contracted Work, all safety barriers, traffic control

Bidding Documents 23 of 38 June 23, 2025 devices and all other equipment. The Contractor shall restore the job site to original condition and clean up the site to proper environmental standards including any and all standards required by the Michigan Department of Environmental Quality, (MDEQ) and/or the Environmental Protection Agency (EPA) and/or MIOSHA.

8. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities necessary for the proper execution and completion of the Work under the Contract Documents, including any temporary heat or air conditioning necessary, any temporary utilities, scaffolding, bracing, barricades, structures and the like, necessary to perform the Work.

9. The Contractor warrants, unless otherwise expressly specified in the Contract Documents, that all materials and equipment incorporated into the Work shall be new and that both workmanship and materials shall be of good quality and, if practicable, materials shall bear certification of quality. Contractor will not be permitted to incorporate used materials or components into and made a part of the finished Work without the written approval of

YCUA.

10. The Contractor shall comply with recognized workmanship quality standards within the industry as applicable to each unit of Work.

11. The Contractor shall handle, store and protect materials and products, including fabricated components, by methods and means that will prevent damage, deterioration and losses including theft, and resulting delays.

12. The Contractor shall afford proper and safe access to the work whenever it is in progress for YCUA, for YCUA’s architect or engineer, or for any regulatory agency’s inspections, tests or observations to be performed.

13. The Contractor shall at all times enforce strict discipline and good conduct among its employees and subcontractors, engaged directly or indirectly by the Contractor, to perform portions of the Work and shall not allow on the worksite any unfit person or anyone not skilled in the work assigned or any unauthorized person(s).

14. Permits and licenses necessary for the execution of the Work pursuant to the Contract shall be secured and paid for by the Contractor, unless otherwise specified.

15. Contractor shall not employ any subcontractor unless approved in writing by YCUA, which approval shall not be unreasonably withheld, including, without limitation, the form of the subcontract or proposal submitted by the subcontractor. The subcontracting of any portion of Work under the Contract Documents shall not relive Contractor of its responsibility to coordinate and manage the performance of the subcontracts under the Contract Documents.

During Contractor’s meetings with YCUA, the Contractor shall review the performance of the various subcontractors with YCUA.

16. The Contractor and Contractor’s employees, agents, subcontractors and others shall perform the Work as independent contractor(s) and are not and shall not be considered employee(s) of YCUA.

Bidding Documents 24 of 38 June 23, 2025

Inspection of Site

17. Contractor represents and warrants that it has reviewed the Contract Documents and has personally inspected the site of the proposed work under the Contract Documents before submitting its bid quote or proposal and that it has a clear understanding of the conditions under which the Work is to be done.

18. No allowance or extra compensation concerning any matter or thing about which the Contractor might have become informed through site inspection or other appropriate inquiry will be allowed.

YCUA’s Rights

19. YCUA reserves the right, in its sole discretion, to suspend any Work under the Contract or any portion of the job for any reason, including, without limitation, safety reasons or if Contractor fails to complete or correct Work that is not in accordance with the Contract Documents, and the Contractor and its subcontractors shall be obligated to re-commence the Work upon notice from YCUA.

20. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within a seven-day period after receipt of written notice from YCUA to commence and continue correction of such default or neglect with diligence and promptness, YCUA, without prejudice to any other remedy it may have, may correct such deficiencies and may deduct the reasonable cost thereof, including YCUA’s expenses and compensation for design, engineering and legal services made necessary thereby, from the payment then or thereafter due the Contractor.

21. YCUA may, at any time, terminate the Contract for its convenience and without cause. In case of such termination for YCUA’s convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, but no other amount for overhead and profit on the Work not executed. If terminated for convenience, Contractor shall reasonably cooperate with YCUA to provide an orderly transition of completion of the Work by a successor contractor. Contractor shall be entitled to reasonable compensation for such cooperation.

Insurance and Indemnification

22. Unless otherwise waived in writing by YCUA, the Contractor shall possess and maintain appropriate insurance that will protect the Contractor and YCUA. The required insurance and limits of liability for insurance coverage shall be not less than the following and shall be evidenced by certificate(s) of insurance provided by Contractor to YCUA before commencement of any Work and at any other time during the project:

Comprehensive General Liability Insurance General Aggregate $2,000,000 Products - Completed Operations Aggregate $1,000,000 Personal - Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage - Each Occurrence $ 50,000 Medical Expense - Each person $ 5,000

Bidding Documents 25 of 38 June 23, 2025

Auto Liability Bodily Injury $ 500,000 Property Damage $ 200,000 or Combined Single Limit $1,000,000

Owner’s Protective Bodily Injury - Each Occurrence $1,000,000 Property Damage - Each Occurrence $ 250,000 Property Damage - Aggregate $ 500,000 or Combined Single Limit $1,500,000

Excess Liability Umbrella $2,000,000

Worker’s Compensation

Coverage A - Compensation Statutory Coverage B - Employer’s Liability $ 100,000

If necessary, Builder’s Risk Insurance Coverage equal to the amount of the Contract Price.

23. The Contractor or any subcontractor may not recover expenses, costs, damages, fees or any other monetary relief for workers’ injuries from YCUA, its officials, employees, agents or volunteers nor from any entity or individual identified in paragraph 25 below.

24. The Contractor is responsible for assuring that all subcontractors comply with, provide and have in place insurance that meets all of the above insurance requirements.

25. The additionally insured to be covered under the General Liability Insurance Policy shall be as follows:

A. Ypsilanti Community Utilities Authority B. YCUA Board of Commissioners, individually C. All YCUA employees, agents and consultants, individually D. City of Ypsilanti E. Ypsilanti City Council members and employees, individually F. Charter Township of Ypsilanti G. Ypsilanti Township Trustees and employees, individually

26. There shall be no exceptions to the requirement that the above identified parties will be additional insureds under the General Liability Insurance Policy.

27. The general liability insurance shall provide coverage on an “occurrence” basis.

28. Automobile liability shall provide coverage for “any auto.”

29. Excess liability insurance, if required, shall provide coverage on an “occurrence” basis.

30. The Certificates of Liability Insurance, Proofs of Insurance, and/or Insurance Binders provided by Contractor as required herein shall provide that all provided insurance may not be canceled before the expiration date thereof without providing thirty (30) days advance notice to the certificate holder and/or YCUA.

Bidding Documents 26 of 38 June 23, 2025

31. All companies providing insurance required by the Contract Documents shall be licensed or approved by the Insurance Bureau of the State of Michigan and shall have a financial rating and policyholder’s service rating no lower than B+:IX and the Certificate of Liability Insurance issued shall specifically verify, on the face thereof, such licensure or approval and such financial and policyholder’s service ratings.

32. General liability coverage shall include coverage for explosion, collapse and underground damage.

33. Prior to the commencement of the Work, Contractor shall provide a copy of a Certificate of Insurance, Proof of Insurance or Insurance Binder meeting these specifications and shall submit a copy of the required insurance policy or policies to YCUA upon request.

34. Prior to the commencement of the Work, Contractor shall provide a certificate of all necessary and required payment and performance bonds required under Michigan law pursuant to Public Act 213 of 1963, as amended (MCL 129.201 et seq.).

35. To the extent permitted by law, Contractor shall indemnify, defend, and hold harmless, YCUA and all entities and individuals identified in paragraph 25 above, and all of their employees, agents, and city council and township board members, from and against all liability of any nature whatsoever, for any and all legal or administrative claims, actions, demands, expenses, damages, and losses including, but not limited to, claims or liabilities under state, federal or local environmental laws or regulations, or claims for loss of property, personal injury or death arising out of or relating to Contractor’s alleged breach of the Contract Documents or Contractor’s alleged negligence, wrongful act or violation of the laws, rules or regulations applicable to Contractor’s work and the Work performed under the Contract Documents.

Prevailing Wage

36. All contractors and subcontractors performing work or services for the YCUA shall be required to pay not less than prevailing wages and fringe benefits to all employees, as determined by the Davis-Bacon Act Division of the United States Department of Labor for the Washtenaw County area, in accordance with the Charter Township of Ypsilanti Ordinance No. 69 and the additional provisions contained therein.

Warranty and Correction of Work

37. The Contractor shall provide a minimum of one (1) year warranty certificate to YCUA from the date of completion of the Work regarding the materials used for the Contract, the quality of work, and overall workmanship. See Supplemental Terms, Conditions and Specifications for special warranty requirements, if any.

38. If Contractor performs any Work knowing it to be inconsistent with any of the Contract Documents, without first specifically requesting and obtaining from YCUA written instructions on how to proceed with respect to such inconsistency, Contractor shall be obligated to correct such work according to the direction of YCUA without cost to YCUA.

Taxes

39. Each bid, quote or proposal shall include, and the successful bidder will be required to pay, all sales, use, consumer or other taxes which are levied by federal, state or municipal

Bidding Documents 27 of 38 June 23, 2025 governments upon labor and/or materials provided under the Contract and/or entering into the Work. YCUA reserves the right to require evidence of payment of such taxes prior to final payment.

Payment

40. YCUA shall pay the Contract Price to Contractor in accordance with the payment schedule set forth in the Contract, subject to any modification in the Supplemental Terms, Conditions and Specifications. Final payment will be made to Contractor after the Work is fully completed to the satisfaction of the YCUA and no deposit will be made to the Contractor. Any other payment arrangement must be in writing and signed by an authorized representative of YCUA.

41. YCUA reserves the right to demand and receive adequate proof of payment (including sworn statements) by Contractor to all laborers, mechanics, subcontractors, material suppliers and all debts, dues and demands incurred in performance of the Work performed in connection with the Contract and the Contract Documents, prior to final payment of the Contract Price.

42. YCUA, without invalidating the Contract and without notice to any surety, may at any time order extra work or make changes by altering, adding to or deducting from the Work, with the Contract Price being adjusted accordingly. All such work shall be authorized by a written change order or other written document of modification signed by an authorized representative of YCUA.

Delays and Extension of Time

43. The Contract Time may be changed only by written change order signed by an authorized representative of YCUA or other written modification signed by an authorized representative of YCUA.

44. The Contractor shall make all reasonable efforts to minimize the effect of any delay to the Work.

45. Any request by Contractor for an extension of the Contract Time must be made in writing to YCUA promptly and no later than seven (7) calendar days after the occurrence of any event giving rise to the need for an adjustment of the Contract Time.

46. YCUA reserves the right to request, and the Contractor shall provide upon request, a schedule fixing the dates for the completion of the Contract as a whole or for the completion of various units or portions of the contracted Work.

Assignments

47. The Contractor shall not assign the Contract or any portion of the Contract without the prior written consent of YCUA, nor shall the Contractor assign any sums due or to become due to the Contractor under the Contract without the prior written consent of YCUA.

General Provisions

48. The Contract Documents constitute the entire agreement between the Parties and all previous communications between the Parties, written or oral, with reference to the subject

Bidding Documents 28 of 38 June 23, 2025 matter of the Contract, are hereby canceled and superseded.

49. If any provision of the Contract Documents violates any law, the remaining…