FINAL BID Package 4-7-2025.pdf

June 2024

CITY OF TRAVERSE CITY

STANDARD

CONTRACT DOCUMENTS AND

SPECIFICATIONS

2025 Street Reconstruction Project

OWNER

400 Boardman Avenue

Traverse City, Michigan 49684

Amy Shamroe, Mayor

Elizabeth Vogel, City Manager

Benjamin C. Marentette, City Clerk

ENGINEER

TRAVERSE CITY ENGINEERING DEPARTMENT

Anne Pagano P.E., City Engineer

INDEX

A. Cover

B. Index

C. Advertisement

D. Instructions to Bidders

E. Affidavit of Non-Collusion

F. Bid

G. Legal Status of Bidder

H. City Commissioner Disclosure Form

I. Contract

J. Performance Bond with maintenance and guarantee obligations

K. Payment Bond

L. Notice to Proceed

M. Authorization for Change(s)

N. Contractor’s Declaration

O. Contractor’s Affidavit

P. Special Provisions and Technical Specifications

Q. Plans and Details

R. Appendix A

THE CITY OF TRAVERSE CITY

Engineering Department

GOVERNMENTAL CENTER

400 Boardman Avenue Traverse City, MI 49686

(231) 922-4456 o

(231) 922-4457 f

April 7, 2025

TO: LEGAL NOTICES

TRAVERSE CITY RECORD EAGLE

P.O. BOX 632

TRAVERSE CITY, MI 49685

Please publish the following Advertisement for Bids in the Traverse City Record Eagle Legal

Notices Section as soon as possible for two days only. After this notice has been published, please furnish us with proof of publication.

ADVERTISEMENT FOR BIDS

2025 Street Reconstruction Project

NOTICE TO CONTRACTORS:

The City of Traverse City will receive sealed bids at the Office of the City Engineer, 2nd

Floor, Governmental Center, 400 Boardman Avenue, Traverse City, Michigan, 49684, Until 10:00 A.M on May 6, 2025 for the 2025 Street Reconstruction Project located on various City streets.

Alternatively, emailed bids will be accepted. Please indicate in the subject line of your email that you are submitting a “Sealed Bid” together with the project description “2025 Street

Reconstruction Project” and submit your emailed bid to tcmanage@traversecitymi.gov before

10:00 A.M on May 6, 2025.

The work involved in this project consists principally of the following:

• 14,916 SYD- Pavt, Rem, Spec

• 4,220 SYD- Sidewalk, Rem

• 32,578 SFT- Sidewalk, Conc, 4 inch

• 5,402 Sidewalk, Conc, 6 inch

• 1360 TON- HMA, 4EML Leveling (165#SYD)

• 1360 TON- HMA, 4EML Top (165#SYD)

• 1,088 FT- Sewer, ClE, 12 inch, Tr Det B1

• 260 FT- Sewer, SDR-35, 8 inch, TR Det B1

Plans and specifications may be examined at the Office of the City Engineer after April 7, 2025.

Copies of the plans and specifications may be viewed online and printed from the Builders Exchange

Northwest Michigan (BXTVC) by going to: http://www.bxtvc.com/ and clicking on “Private

Projects” using Code #25321135839, and at https://www.bidnetdirect.com/mitn. Members may use their regular user ID and Password. Non-members must complete an online registration form first to get a user ID and password. If printed plans and specifications are desired, then complete the online order form, secure online payment for printed copies and they will be mailed/delivered by the

BXTVC. Bidder responsible for acknowledgement of all addenda with sealed bid. Members will receive addenda by tracking the project. Non-members will need to log in to check for addenda.

mailto:tcmanage@traversecitymi.gov http://www.bxtvc.com/ https://www.bidnetdirect.com/mitn

THE CITY OF TRAVERSE CITY

Engineering Department

GOVERNMENTAL CENTER

400 Boardman Avenue Traverse City, MI 49686

(231) 922-4456 o

(231) 922-4457 f

A certified check, bank draft or bid bond without condition to the City of Traverse City in the amount of not less than five percent (5%) of the bid amount shall be submitted as a guarantee of good faith subject to the conditions stipulated in the “Instructions to Bidders”. The City of Traverse City reserves the right to accept or reject any or all bids, waive irregularities, and to accept the bids either on an entire or individual basis that is in the best interests of the City of Traverse City. This is not a federal aid project.

Zach Cole, P.E.

City Engineer II

400 Boardman Avenue

Traverse City, Michigan 49684

(231) 922-4492

CITY OF TRAVERSE CITY INSTRUCTIONS TO BIDDERS

January 2025 Page 1 of 6

INSTRUCTIONS TO BIDDERS

1. TIME FOR COMPLETION.

A. The date of beginning and the time for completion are essential conditions of this contract. All work specified in the contract documents shall be completed within 151 calendar days as stated in the bid forms starting from the date specified in the Notice to

Proceed. It is the intent of the City to have this project completed, by November 14, 2025. Substantial/final completion shall be on or before November 14, 2025. In the event controlling items or materials push work to 2026 the contractor shall not start work on that street until all items are secured for substantial completion within the 2025 construction season

B. Any bidder submitting a bid agrees that the time for completion of the project shall be considered as of the essence and, in case of acceptance of the bid, this provision shall be considered a part of the contract awarded to the bidder, with the further provision that the

City shall be entitled to the fixed sum of liquidated damages, computed, for each and every calendar day delay in the completion of the work beyond the time of completion fixed in the contract and not caused by the City.

C. Work hours are daytime operation (8:00 a.m. - 5:00 p.m.), Monday through Friday, excluding City holidays, unless otherwise approved by the Engineer. The schedule must include the individual street locations specifying the start and end dates. The schedule may allow for some streets to be worked on concurrently; however, no work shall take place on any street within the Downtown area, or on Cass or Union Streets, during the week of the Cherry Festival (June 28th through July 5th). Work on 9th, 11th, or 12th

Streets shall not begin unless it can be completed prior to June 20th, or it must wait until after July 6th. Once work begins on a Location, Construction Crews shall show daily efforts to complete this Location and delays in Location completion shall be minimized. Additionally, work on 11th Street at St. Francis School must be completed before the start of the 2025–2026

2. BID FORM SUBMISSION

The original bid form shall be signed and submitted in a sealed envelope or package to

The City Engineer's Office no later than 10:00 a.m. on May 6, 2025. Timely submission of the bid form is the responsibility of the bidder. Bids received after the specified time shall be rejected and returned to the bidder unopened. The envelope or package shall be marked 2025 Street Reconstruction Project.

Alternatively, emailed bids will be accepted. Please indicate in the subject line of your email that you are submitting a “Sealed Bid” together with the project description “2025

Street Reconstruction Project ” and submit your emailed bid to tcmanage@traversecitymi.gov before 10:00 A.M on May 6, 2025.

mailto:tcmanage@traversecitymi.gov

January 2025 Page 2 of 6

The bidder must fill in all blank spaces properly and bid on each item indicated on the bid form. All prices must be stated in numerals. The bids received will be compared on the basis of the summation of the products of quantities of items listed in the unit prices bid.

All writing shall be in ink or typewritten. The signature of the bidder shall be handwritten in ink.

Each bidder shall sign the bid giving bidder's name, address and status, that is, whether an individual, partnership or corporation. Bids by a partnership shall contain the full name of each partner and shall be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing.

Bids by corporations shall be signed with the legal name of the corporation, and indicate the state of incorporation and by the signature and designation of the President, Secretary or other persons authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature.

A bid by a person affixing to his or her signature designation without disclosing his or her principal may be held by the bid of the individual signing.

Satisfactory evidence of the authority of the officer signing on behalf of the corporation may be required by the City.

Erasures or other changes shall be explained or noted over the signature of the bidder.

Bids which do not reference all addenda or which are not submitted on the prescribed forms may be considered informal.

Failure to submit a bid on the bid form provided shall be considered reason for rejection of the bid. Modifications or additions to any portion of the bid document may be reason for rejection of the bid. The City of Traverse City reserves the right to decide, on a case-by-case basis, whether to reject a bid with modifications or additions as nonresponsive.

As a precondition to bid acceptance, the City of Traverse City may request the bidder to withdraw or modify those portions of the bid deemed nonresponsive.

Only those items listed in the bid are pay items and any other work called for, either by plans or specifications, is classed as incidental, and the cost shall be included in other prices bid in the bid forms.

January 2025 Page 3 of 6

3. SPECIFICATIONS FOR CONSTRUCTION

The Michigan Department of Transportation (MDOT) Standard Specifications for

Construction, latest edition, are applicable to the work on this project. The following City of Traverse City Standard Section 100 specifications are applicable to the work corresponding with Division 1. The MDOT Specifications are applicable to the work corresponding with the subsequent divisions.

These Division 1 Specifications are available for download at the link below:

Standard Specification for Construction Division 1

4. NO PRE-BID CONFERENCE REQUIRED

5. PRE-CONSTRUCTION MEETING.

After the award of the contract by the City, a principal member of the Contractor's organization shall attend a pre-construction meeting to be held at a place and on a date mutually agreed upon. At this time, the requirements of the project, the Contractor's schedule of operations and construction methods, and the contract documents shall be delineated in order to obtain a mutual understanding of the overall construction program by the City staff, City Engineer and Contractor.

6. TAXES.

A. Federal, State and Municipal Taxes: Each bid submitted shall include and the successful bidder shall be required to pay all taxes which are levied by federal, state or municipal governments upon labor, and for materials entering into the work. The City reserves the right to require evidence of payment of such taxes prior to final payments.

B. Michigan Sales Tax: In compliance with the regulations of the Michigan Sales

Tax Commission, sales and use tax is to be included in the bid.

7. SUBSTITUTIONS.

A. The materials, products and equipment described in the bidding documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.

B. No substitution will be considered unless it shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or work shall be included. The burden of proof of the merit of the proposed substitute is upon the Bidder. The Engineer's decision of approval or disapproval of the proposed substitution shall be final.

https://www.traversecitymi.gov/userfiles/filemanager/b87opfsg8u8ocavm1dc7/

January 2025 Page 4 of 6

C. Where items or equipment and/or materials are specifically identified by a manufacturer's name, model or catalog number, only such specified items may be used in the base bid. Bidders desiring approval of the products not specified may submit data for the Engineer's consideration not less than ten (10) days prior to bidding. Contractors will be notified only by addendum of additional approved manufacturers.

8. ALTERNATIVE BIDS.

Bidders offering service delivery methods other than those permitted by the scope of work may submit a separate envelope clearly marked "Alternative Bid". Alternative bids will be deemed nonresponsive and will not be considered for award. All such responses will, however, be examined prior to award. Such examination may result in cancellation of all bids received to permit rewriting the scope of work to include the alternative method, or the alternative method may be considered for future requirements of the City of Traverse City.

No unsolicited alternates will be considered in awarding the Contract and the inclusion by the bidder of such alternates shall be considered an informality and the bid may be rejected.

9. EXPENSES INCURRED IN PREPARING BID.

The City of Traverse City accepts no responsibility for any expense incurred by the bidder in the preparation and presentation of a bid. Such expenses shall be borne exclusively by the bidder.

10. NONCONFORMING TERMS AND CONDITIONS.

A bid response that includes terms and conditions that do not conform to the terms and conditions in the bid documents is subject to rejection as nonresponsive. The City of

Traverse City reserves the right to permit the bidder to withdraw nonconforming terms and conditions from its bid response prior to a determination by the City of Traverse City of non-responsiveness based on the submission of nonconforming terms and conditions.

11. BID ACCEPTANCE PERIOD.

Any bid submitted shall be binding on the bidder for 60 calendar days following the bid opening date. Any bid for which the bidder specifies a shorter acceptance period may be rejected.

12. BIDDER CERTIFICATION.

The bidder agrees that submission of a signed bid form is certification that the bidder will accept an award made to it as a result of the submission.

January 2025 Page 5 of 6

13. INFORMALITIES AND IRREGULARITIES; REJECTION.

The City of Traverse City has the right to waive defects or variations of a bid from the exact requirements of the specifications. If insufficient information is submitted by a bidder with the bid for the City of Traverse City to properly evaluate the bid, the City of

Traverse City has the right to require such additional information as it may deem necessary after the time set for receipt of bids. Information requested may include a copy of business or professional licenses or a work schedule.

The City reserves the right to accept any bid or to reject any or all bids; also to waive defects or informalities in bids should it deem it in the best interest of the City to do so.

The City reserves the right to make awards in accordance with any of the bid items or any combination of the bid items, to reject any and all bids, and to waive any informality in bids, whenever such is in the interest of the City.

The City reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, who is not in a position to perform the contract, or respecting whom the facts as to business and technical organization, financial resources, plant or experience in the construction of comparable work justify such rejection.

14. ERRORS IN EXTENSION.

If the unit price and the extension price are at variance, the unit price shall prevail.

15. COLLUSION BY BIDDERS.

Each bidder, by submitting a bid, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act. Any or all bids shall be rejected if there is any reason for believing that collusion exists among the bidders. The local government may or may not, at its discretion, accept future bids for the same work from participants in such collusion.

More than one bid from an individual, firm, partnership, corporation, or association under the same or different names may be rejected. Reasonable grounds for believing that a bidder has interest in more than one bid for the work being bid may result in rejection of all bids in which the bidder is believed to have interest.

Nothing in this clause shall preclude a firm acting as a subcontractor to be included as a subcontractor for two or more primary contractors submitting a bid for the work.

16. DEBARMENT.

By submitting a bid, the bidder certifies that it is not currently debarred from submitting bids for contracts issued by any political subdivision or agency of the State of Michigan and that it is not an agent or a person or entity that is currently debarred from submitting bids for contracts issued by any political subdivision or agency of the State of Michigan.

January 2025 Page 6 of 6

17. ADDENDA.

A. Please submit all questions to zcole@traversecitymi.gov seven (7) days prior to bid due date.

B. Addenda will be emailed to all who are known by the Engineer to have received a complete set of bidding documents.

C. Copies of addenda will be made available for inspection wherever bidding documents are on file for that purpose.

D. No addenda will be issued later than four (4) days prior to the date for receipt of bids except an addendum, if necessary, postponing the date for receipt of bids or withdrawing the request for bids.

18. DISCLOSURE BY CITY COMMISSIONER.

Pursuant to 1968 Public Act 317 a City Commissioner with a pecuniary interest in a business submitting a bid for which the City may enter into a contract is required to publicly disclose their pecuniary interest prior to Awarding the Contract. A form is provided following the Legal Status of Bidder and shall be included with the bid.

mailto:zcole@traversecitymi.gov

CITY OF TRAVERSE CITY AFFIDAVIT OF NON-COLLUSION

June 2024 Page 1 of 1

AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR

STATE OF MICHIGAN )

COUNTY OF )

I, _____________________________, the ____________ of_________________________, state:

(Name) (Title) (Company Name)

1. That I have submitted a bid to the City of Traverse City.

2. That the bid was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation.

3. That the bid is genuine and not collusive or a sham.

4. That I have not directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Traverse City or of any other bidder, or anyone else interested in the proposed contract.

5. That prior to the public opening and reading of the bids, I:

a. Did not directly or indirectly induce or solicit anyone else to submit a false or sham bid.

b. Did not directly or indirectly collude, conspire, connive or agree with anyone else that I or anyone else would submit a false or sham bid or that anyone should refrain from bidding or withdraw a bid.

c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid of said bidder or of anyone else or to raise or fix any overhead, profit or cost element of a bid price of that of anyone else.

d. Did not, directly or indirectly, submit a bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto to any corporation, partnership, company, association, organization, bid depository or to any member or agent thereof or to any individual or group of individuals, except to any person or persons who have a partnership or other financial interest with me in my business.

Subscribed and sworn to before me this _________ day of _____________, 2025

____________________, Notary Public

____________________ County, Michigan

Acting in _____________County, Michigan

My Commission Expires:

BIDDER: PLEASE COMPLETE AND RETURN DUE: May 6, 2025 @

10:00am

2025 STREET RECONSTRUCTION PROJECT

CITY OF TRAVERSE CITY BID

June 2024 Page 1 of 17

The undersigned bidder, having carefully examined the local conditions affecting the cost of the work and with the specifications, contract documents and any other applicable information, hereby proposes to perform everything required to be performed and to provide and furnish all labor, materials, necessary tools, equipment and all utility and transportation services necessary to perform and complete this project in a workmanlike manner in accordance with the plans and the work description.

Bidder submits this bid and agrees to meet or exceed all of the City of Traverse City’s requirements and specifications unless otherwise indicated in writing and attached hereto.

Bidder certifies that as of the date of this bid, Bidder’s company or Bidder is not in arrear to the

City of Traverse City for debt or contract and is in no way a defaulter as provided in Section 152, Chapter XVI of the Charter of the City of Traverse City.

Bidder understands and agrees, if selected as successful bidder, to enter with the City into the contract included with the specifications.

Bidder understands that the City reserves the right to accept any or all bids in whole or in part and to waive irregularities in any bid in the best interest of the City of Traverse City. The bids will be evaluated and awarded on the basis of the best value to the City. Criteria used will include, but not be limited to, price, accessories, options and overall capability meeting the needs of the City.

Bidder agrees that the bid may not be withdrawn for a period of sixty (60) days from the actual date of the opening of the bid.

The prices shown in this bid reflect a specified completion date of November 14, 2025 starting from the date specified in the "Notice to Proceed”. The Bidder shall be responsible for liquidated damages for each day after the specified completion date specified in the Notice to

Proceed based on the table below. It is the intent of the City to have this project substantially completed by November 14, 2025.

Liquidated Damages will be assessed per MDOT Section 108.10, Table 108-1 for project delays.

June 5, 2024 Page 2 of 17

Location #1 Griffin Street (Pine to Union)

Item No.

Est Qty Unit Description of Items

Unit Price Total Price

100 1

LSUM

Mobilization / Traffic Control

101 558 Syd Pavt, Rem, Spec

102 1750 Cyd Excavation, Earth, Spec

103 41 Syd Sidewalk, Rem

104 119 Ft Curb and Gutter, Rem

105 1 Ft Sewer, Rem, Less than 24 inch

106 1 Ea Sanitary Structure, Rem

107 1 Ea Dr Structure, Rem

108 6 CYD Flowable Fill, Non-Structural

109 85 Cyd Embankment, CIP

110 194 Syd Aggregate Base, 6 inch

111 1593 Syd Aggregate Base, 8 inch

112 2 Ea Sanitary Structure, 48 inch dia

113 260 Ft Sewer, SDR-35, 8 inch, TR Det B1

114 24 Ft Sewer, CL E, 12 inch, TR Det B1

115 3 Ea

Connect to Existing Sewer, Modified

116 260 Ft Video Taping Sewer and Culv Pipe

117 4 Ea Sewer Wye, Transfer/Connect

118 40 Ft 6" PVC Lead

119 1 Ea Dr Structure, 48 inch dia

120 1 Ea Dr Structure Cover, Type B

June 5, 2024 Page 3 of 17

121 3 Ea Sanitary Structure Cover, Type Q

122 1 Ea Dr Structure Cover, Adj, Case 1

123 1 Ea Sanitary Structure, Tap, 8 inch

124 127 Ton HMA, 4EML Leveling (165#/SYD)

125 127 Ton HMA, 4EML Top (165#/SYD)

126 15 Ton Hand Patching

127 50 Sft Sidewalk, Conc, 4 inch

128 2003 Sft Sidewalk, Conc, 6 inch

129 100 Sft Sidewalk, Conc, 9 inch

130 24 Syd Driveway, Nonreinforced Conc, 6 Inch

131 23 Syd Driveway, Nonreinforced Conc, 9 Inch

132 143 Sft Curb Ramp, Conc, 6 inch

133 20 Ft Detectable Warning Surface, Cast Iron, Spec

134 43 Ft Curb Ramp Opening, Conc

135 84 Ft Curb and Gutter, Conc, Det C4

136 14 Ft Pavt Mrkg, Waterborne, 24 Inch, Stopbar

137 65 Ft Pavt Mrkg, Waterborne, 6 Inch, Crosswalk

138 48 Ft

Special Emphasis Crosswalk

139 180 Ft

Special Emphasis Crosswalk, Green

140 8 Ea Pavt Mrkg, Waterborne, Bike, Small Sym

141 8 Ea Pavt Mrkg, Waterborne, Sharrow Sym

142 56 Ft Post, Steel, 3 Lb

143 30 Sft Sign, Type IIIA

June 5, 2024 Page 4 of 17

144 8 Sft Sign, Type IIIB

145 13 Ft Water Main, DI, 6 inch, Tr Det G, 146 644 Ft Water Main, DI, 8 inch, Tr Det G, 147 3 Ea Gate Valve and Box, 8 inch, 148 1 Ea Hydrant Assembly, Modified

149 5 Ea Water Service, Long Side, 150 2 Ea Water Main, Connect to Existing, 151 2 Ea Bollard

152 2 Ea Foundation Base, Bollard

153 1925 Syd Slope Restoration, Modified

Total Bid for items 100 through 153, inclusive

_________________________________________________________________ DOLLARS

(write in amount)

June 5, 2024 Page 5 of 17

Location #2 Fulton Street (Jefferson to Randolph)

Item No.

Est Qty Unit Description of Items Unit Price Total Price

200 1 LSUM Mobilization/Traffic Control

201 47 Syd Pavt, Rem, Spec

202 3 Cyd

Erosion Control, Inlet Protection, Fabric Drop

203 100 Cyd Excavation, Earth, Spec

204 40 Cyd Embankment, CIP

205 16 Syd

Driveway, Nonreinf Conc, 6 inch

206 75 Syd Aggregate Base, 6 Inch

207 1,145 Syd Aggregate Base, 8 Inch

208 2 Ea Dr Structure Cover, Adj, Case 1

209 2 Ea Dr Structure Cover, Adj, Case 2

210 2 Ea Dr Structure Cover, Type K

211 2 Ea Dr Structure Cover, Type E

212 100 Ton

HMA, 4EML Leveling

(165#/SYD)

213 100 Ton HMA, 4EML Top (165#/SYD)

214 700 Syd Slope Restoration, Modified

215 6 Ea

Maintaining Water Spinkler System

Total Bid for items 200 through 215, inclusive

June 5, 2024 Page 6 of 17

Location #3 Ninth Street (Union to Cass)

Item No.

Est Qty Unit Description of Items

Unit Price Total Price

300 1 LSUM Mobilization/ Traffic Control

301 2,862 Syd Pavt, Rem, Spec

302 1,606 Ft Curb and Gutter, Rem

303 1,092 Syd Sidewalk, Rem

304 10 Ea Dr Structure, Rem

305 286 Ft Sewer, Rem, Less than 24 inch

306 14 Ea Sign, Type 1, Rem

307 11 Ea

Erosion Control, Inlet Protection, Fabric Drop

308 100 Cyd Excavation, Earth, Spec

309 260 Cyd Embankment, CIP

310 31 Syd

Driveway, Nonreinf Conc, 6

311 55 Syd

Driveway, Nonreinf Conc, 9

312 200 Sft Sidewalk, Brick Pavers on Aggregate and Sand Bed

313 8,562 Sft Sidewalk, Conc, 4 inch

314 278 Sft Sidewalk, Conc, 6 inch

315 385 Sft Sidewalk, Conc, 9 inch

316 134 Ft Curb Ramp Opening, Conc

317 1,540 Ft Curb and Gutter, Conc, Det C4

318 809 Sft Curb Ramp, Conc, 6 inch

319 87 Ft Detectable Warning Surface, Cast Iron, Spec

320 2,627 Syd Aggregate Base, 8 Inch

321 14 Ea Dr Structure Cover, Type K

June 5, 2024 Page 7 of 17

322 6 Ea Dr Structure Cover, Type B

323 8 Ea Dr Structure, 24 inch Dia

324 8 Ea Dr Structure, 48 inch Dia

325 1 Ea Dr Structure, 60 inch Dia

326 1 Ea

Dr Structure, 48 inch Dia, Leaching Basin, 3 Foot Sump

327 347 Ft Sewer, ClE, 12 inch, Tr Det B1

328 52 Ft Sewer, ClE, 24 inch, Tr Det B1

329 6 Ea

Storm Sewer, Connect to Existing

331 20 Ft Sanitary Sewer, PVC, 15 inch, Tr Det B1

330 2 Ea

Sanitary Sewer, Connect to

332 1 Ea

Sanitary Structure Cover, Type Q

333 1 Ea Sanitary Structure, Rem

334 1 Ea Sanitary Structure, 48 Inch Dia

335 234 Ton

336 234 Ton HMA, 4EML Top (165#/SYD)

337 3 Ton Hand Patching

338 19 Sft Sign Type, IIIA

339 77 Sft Sign Type, IIIB

340 210 Ft Post, Steel, 3 LB

341 33 Ft Pavt Mrkg, Waterborne, 24 Inch, Stopbar

342 145 Ft

343 84 Ft

Pavt Mrkg, Waterborne, 24 Inch, Special Emphasis

June 5, 2024 Page 8 of 17

344 70 Ft Pavt Mrkg, Thermopl, 12 inch, White

345 88 Sft

Pavt Mrkg, Thermopl, Basket Weave Crosswalk, Brick Red- Sand Grout

346 2 Ea Hydrant, Rem

347 2 Ea

Watermain, 6 inch, Cut and Plug

348 34 Ft Watermain, DI, 6 Inch, Tr Det G, Modified

349 760 Ft Watermain, DI, 8 Inch, Tr Det G, Modified

350 2 Ea

Gate Valve and Box, 8 Inch, 351 2 Ea Hydrant Assembly, Modified

352 2 Ea

Watermain, Connect to Existing, Modified

353 14 Ea

354 13 Ea

Water Service, Short Side, 355 200 Ft Private Water Service, 1 inch Copper, Type K

356 50 Ft

Copper, Type K, Trenchless

357 5 Ea

Copper, Type K, Connection to

358 5 Ea

Private Water Service Landscaping Allowance

359 22 Ea

Found Copper Private Water Service

360 2 Ea Bioswale Type 2

361 1 Ea Traverse City Outlet Cover

362 1 Ea Dry Well, Precast

363 1,795 Syd Slope Restoration, Modified

364 26 Ea

June 5, 2024 Page 9 of 17

Total Bid for items 300 through 364, inclusive

June 5, 2024 Page 10 of 17

Location #4 Eleventh Street (Pine to Lake)

Item No.

Est Qty Unit Description of Items Unit Price Total Price

400 1 LSUM Mobilization/ Traffic Control

401 9,062 Syd Pavt, Rem, Spec

402 4,204 Ft Curb and Gutter, Rem

403 2,764 Syd Sidewalk, Rem

404 15 Ea Dr Structure, Rem

405 416 Ft Sewer, Rem, Less than 24 inch

406 4 Ea Hydrant, Rem

407 19 Cyd

Erosion Control, Inlet Protection, Fabric Drop

408 1,200 Cyd Excavation, Earth, Spec

409 1,200 Cyd Embankment, CIP

410 335 Syd Driveway, Nonreinf Conc, 6 inch

411 40 Syd Driveway, Nonreinf Conc, 9 inch

21,47 1 Sft Sidewalk, Conc, 4 inch

413 2,397 Sft Sidewalk, Conc, 6 inch

414 379 Sft Sidewalk, Conc, 9 inch

415 341 Ft Curb Ramp Opening, Conc

416 4,157 Ft Curb and Gutter, Conc, Det C4

417 2,825 Sft Curb Ramp, Conc, 6 inch

418 262 Ft

Cast Iron, Special

419 8,650 Syd Aggregate Base, 8 Inch

420 5 Ea Dr Structure Cover, Adj, Case 1

421 22 Ea Dr Structure Cover, Type K

June 5, 2024 Page 11 of 17

422 18 Ea Dr Structure Cover, Type B

423 1 Ea Sanitary Structure Cover, Type Q

424 15 Ea Dr Structure, 24 inch Dia

425 11 Ea Dr Structure, 48 inch Dia

426 689 Ft Sewer, ClE, 12 inch, Tr Det B1

427 9 Ea Storm Sewer, Connect to Existing

428 704 Ton HMA, 4EML Leveling (165#/SYD)

429 704 Ton HMA, 4EML Top (165#/SYD)

430 9 Ton Hand Patching

431 56 Sft Sign Type, IIIA

432 256 Sft Sign Type, IIIB

433 448 Ft Post, Steel, 3 LB

434 8 Ea Pushbutton Pedestal, Alum

435 8 Ea Pedestal, Fdn

436 8 Ea Pushbutton and Sign

437 8 Ea

Flsh Beacon, Rectangular Rapid, Solar Power

438 102 Ft

439 425 Ft

440 378 Ft

Special Emphasis Crosswalk

441 16 Ea

Pavt Mrkg, Waterborne, Bike, Small Sym

442 16 Ea

Pavt Mrkg, Waterborne, Sharrow Sym

443 150 Ft Pavt Mrkg, Waterborne, 12 Inch, Yellow, Curb Painting

444 70 Ft Pavt Mrkg, Thermopl, 12 inch, White

June 5, 2024 Page 12 of 17

445 88 Sft

Pavt Mrkg, Thermopl, Basket Weave Crosswalk, Brick Red- Sand Grout

446 4 Ea Hydrant, Rem

447 1 Ea Watermain, 6 inch, Cut and Plug

448 1 Ea Watermain, 8 inch, Cut and Plug

449 2 Ea Watermain, 10 inch, Cut and Plug

450 99 Ft Watermain, DI, 6 Inch, Tr Det G, 451 1,502 Ft Watermain, DI, 8 Inch, Tr Det G, 452 105 Ft Watermain, DI, 10 Inch, Tr Det G, 453 7 Ea Gate Valve and Box, 8 Inch, 454 2 Ea Gate Valve and Box, 10 Inch, 455 2 Ea Gate Box, Reconst, Case 1

456 5 Ea Hydrant Assembly, Modified

457 6 Ea Watermain, Connect to Existing, 458 22 Ea

459 15 Ea Water Service, Short Side, 460 700 Ft

461 50 Ft

462 15 Ea

463 15 Ea

464 22 Ea

465 570 Ft Condit, SCH 40, 4 inch

466 5 Ea Bioswale Type 1

467 2 Ea Bioswale Type 2

June 5, 2024 Page 13 of 17

468 6 Ea Dry Well, Precast

469 3,975 Syd Slope Restoration, Modified

470 64 Ea

471 5 Cyd Steps, Conc

Total Bid for items 400 through 471, inclusive

June 5, 2024 Page 14 of 17

Location #5 Twelfth Street (Union to Cass)

Item No.

Est Qty Unit Description of Items

Unit Price Total Price

500 1

LSU

M Mobilization/ Traffic Control

501 2,387 Syd Pavt, Rem, Spec

502 1,456 Ft Curb and Gutter, Rem

503 323 Syd Sidewalk, Rem

504 3 Ea Dr Structure, Rem

505 45 Ft Sewer, Rem, Less than 24 inch

506 2 Ea Hydrant, Rem

507 4 Ea

Erosion Control, Inlet Protection, Fabric Drop

508 100 Cyd Excavation, Earth, Spec

509 100 Cyd Embankment, CIP

510 90 Syd Driveway, Nonreinf Conc, 6 inch

511 81 Syd Driveway, Nonreinf Conc, 9 inch

512 2,495 Sft Sidewalk, Conc, 4 inch

513 724 Sft Sidewalk, Conc, 6 inch

514 59 Sft Sidewalk, Conc, 9 inch

515 77 Ft Curb Ramp Opening, Conc

516 1,396 Ft Curb and Gutter, Conc, Det C4

517 583 Sft Curb Ramp, Conc, 6 inch

518 48 Ft

Cast Iron, Spec

519 2,360 Syd Aggregate Base, 8 Inch

June 5, 2024 Page 15 of 17

520 2 Ea Dr Structure Cover, Adj, Case 1

521 2 Ea Dr Structure Cover, Type K

522 1 Ea Dr Structure Cover, Type B

523 2 Ea Dr Structure, 24 inch Dia

524 1 Ea Dr Structure, 48 inch Dia

525 28 Ft Sewer, ClE, 12 inch, Tr Det B1

526 1 Ea

Storm Sewer, Connect to

527 1 Ea Sewer Bulkhead, 12 Inch

528 2 Ea

Sanitary Structure Cover, Type Q

529 2 Ea Watermain, 6 inch, Cut and Plug

530 26 Ft Watermain, DI, 6 Inch, Tr Det G, 531 2 Ea Hydrant Assembly, Modified

532 2 Ea

Watermain, Connect to Existing, 533 2 Ea

Gate Valve and Box, 6 Inch, 534 2 Ea Gate Box, Reconst, Case 1

535 195 Ton

536 195 Ton HMA, 4EML Top (165#/SYD)

537 13 Sft Sign Type, IIIA

538 43 Sft Sign Type, IIIB

539 224 Ft Post, Steel, 3 LB

540 20 Ft

541 88 Ft

542 400 Ft

June 5, 2024 Page 16 of 17

543 50 Ft

544 9 Ea

545 9 Ea

546 5 Ea

547 2 Ea Bioswale Type 2

548 1,500 Syd Slope Restoration, Modified

549 18 Ea

Total Bid for items 500 through 549, inclusive

Total Bid for items 100 through 549, inclusive

June 5, 2024 Page 17 of 17

Accompanying this bid is a certified check, bank draft or a bid bond in the amount of five percent (5%) of the total bid payable to the City of Traverse City, which it is agreed will be forfeited to said City if the undersigned fails to enter into the contract specified in the specifications within fourteen (14) days after the contract is awarded to the undersigned.

Bidder guarantees that he or she has authority to submit this bid for the firm named below.

Submitted by:

Signature Company Name

Name and Title (Print) Company Address

Phone City, State, Zip

Email Address

CITY OF TRAVERSE CITY LEGAL STATUS OF BIDDER

June 2024 Page 1 of 1

LEGAL STATUS OF BIDDER

Check one:

[ ] Corporation under the laws of the state of ______________________, for whom _______________________, bearing the official title of

______________________ is duly authorized to execute contracts on behalf of said corporation. (Corporate resolution is attached).

[ ] Partnership, all of the members of which, with addresses are:

[ ] An individual whose signature is affixed to this bid.

ADDENDA

The Bidder acknowledges receipt of the following addenda:

Number: ____________________________ Dated: __________________

Number: ____________________________ Dated: __________________

CITY OF TRAVERSE CITY DISCLOSURE BY CITY COMMISSIONER

Disclosure by City Commissioner

I would like to make the following disclosure.

The City may be entering into a competitively bid contract with:

[Name of company] and ______________________________________________________________ [describe your interest, see below for instruction**]

I have a pecuniary interest, and I will be abstaining from deliberations and vote on that contract.

[Signature] [Print name]

Date: _______________________

**In the Disclosure you must state your pecuniary interest. Examples are given below, but you need to customize this depending on the circumstances:

This is a company in which I have an ownership interest.

My spouse owns this business.

I am a subcontractor on this Project.

CITY OF TRAVERSE CITY CONSTRUCTION CONTRACT

AMENDED May 20, 2024

CONSTRUCTION CONTRACT

PROJECT: 2025 Street Reconstruction Project

LOCATION: Various

THIS CONTRACT is made this ________ day of _______________, 2024, by and between the

City of Traverse City, a Michigan Municipal Corporation, whose address is 400 Boardman

Avenue, Traverse City, Michigan, 49684, (the “City”), and __________________________, a

____________________ corporation, whose address is _____________________________, (the

“Contractor”);

WHEREAS, the parties wish to accomplish improvements at the above location and have solicited and submitted a bid for such improvements;

THEREFORE, the parties mutually agree as follows:

1. Contract Documents. The following shall be deemed to be a part of this Contract:

A. Cover

B. Index

C. Advertisement

D. Instruction to Bidders

E. Affidavit of Non-Collusion

F. Bid

G. Legal Status of Bidder

H. City Commissioner Disclosure Form

I. Contract

J. Performance Bond with maintenance and guarantee obligations

K. Payment Bond

L. Notice to Proceed

M. Authorization for Change(s)

N. Contractor’s Declaration

O. Contractor’s Affidavit

P. General Specifications

Q. Supplemental Specifications

R. Special Provisions and Technical Specifications

S. Plans and Details

T. Appendix A

2. Scope of the Work - Subject Matter. The Contractor, under penalty of bond attached, shall furnish all labor, materials, equipment and appliances necessary and do all the work as set forth in the bid for the above project according to the specifications, plans, bids, bonds and other Contract documents which are a part of this Contract, in a manner, time and place as herein set forth.

CITY OF TRAVERSE CITY CONSTRUCTION CONTRACT

AMENDED May 20, 2024

3. Period of Performance. The services to be rendered under this Contract shall commence upon issuance of the Notice to Proceed. The Contract working time shall be _______(__) days with an intended completion date of

Should the Contractor be obstructed or delayed in the prosecution or completion of its work by any act, neglect or default of the City, then the time herein fixed for completion of the work shall be extended for a period equivalent to the time lost by reason of such delay for the causes herein mentioned. The duration of such extension shall be determined by the City Engineer.

4. Compensation and Method of Payment. The City agrees to pay the Contractor the

Unit Prices provided in the attached bids, specifications and other Contract documents in the time and manner therein provided. The total estimated price for all work described herein shall be ___________ ($_______________), to be paid pursuant to the procedures established in the Contract documents.

5. Non-Discrimination. The parties agree not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment because of their actual or perceived race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation, or gender identity. Breach of this covenant may be regarded as a material breach of this Agreement.

Additionally, in the event this Agreement is subject to Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d-42 USC 2000d-4 and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of

Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in

Federally-Assisted Programs for the Department of Transportation – Effectuation of

Title VI of the Civil Rights Act of 1964, the provisions contained in Contract

Document S. Appendix A shall apply.

6. Independent Contractor. The relationship of the Contractor to the City is that of an independent contractor and in accordance therewith, the Contractor covenants and agrees to conduct itself consistent with such status and that neither it nor its employees, officers or agents will claim to be an officer, employee or agent of the City or make any claim, demand or application to or for any rights or privileges applicable to any officer or employee of same, including but not limited to worker’s compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership or credit. The parties do not intend the services provided by the Contractor to be a joint venture.

7. Maintenance and Guarantee. For one year after the date of final payment, the

Contractor shall maintain and repair the work. Any work which is found to be defective shall promptly and without cost to the City and in accordance with the

City’s written instructions, be corrected or replaced with non-defective work. If the

City determines that work must be replaced, the Contractor shall promptly replace the work. If the Contractor believes that replacement of the work was unreasonable and only repair of the work should have been ordered by the City, the Contractor may file

CITY OF TRAVERSE CITY CONSTRUCTION CONTRACT

AMENDED May 20, 2024 a claim against the City for the difference in cost, and, if the City disagrees with said claim, may pursue such claim in a court of competent jurisdiction and venue. If the

Contractor does not promptly repair or replace the work pursuant to the City’s directions, the City may itself correct the defective work or may have the defective work corrected by another contractor. The Contractor shall pay all of the City’s costs and expenses, including City employee costs associated with the repair or replacement of the defective work.

8. Recovery of Money. Whenever, under this Contract, any sum of money shall be recoverable from or payable by the Contractor to the City of Traverse City, the same amount may be deducted from any sum due to the Contractor under this Contract or under any other contract between the Contractor and the City of Traverse City. The rights of the City of Traverse City are in addition and without prejudice to any other right the City may have to claim the amount of any loss or damage suffered by the

City on account of the acts or omissions of the Contractor.

9. Illegal Workers. The Contractor certifies that it does not and will not, during the performance of this Contract, employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as amended.

10. Contractor Responsibility. The Contractor shall perform the work in a good and workerlike manner and assumes the risk in performing under this Contract.

Contractor shall be solely responsible and answerable in damages for all improper work, accidents or injuries to person or property.

11. Indemnification. Contractor shall indemnify and save harmless the City, its officers, agents and employees from and against any and all claims, liabilities, losses, damages, actual attorney fees and settlement expenses arising from bodily injury or death of any persons and damage or loss of any property resulting or arising out of or in connection with the performance of any work relating to this Contract based upon any act, omission, or negligence of Contractor or its employees, agents, servants, subcontractors, or any other person or persons, including but not limited to the City, its agents, officers, or employees. The obligations to indemnify, and hold harmless contained herein shall exclude only those matters in which the claim arises out of allegations of the sole negligence of the City, its officers, agents or employees. This indemnification provision shall not be limited by reason of insurance coverage of any type. This provision is not intended to waive the defense of governmental immunity that may be asserted by the

City in an action against it.

The City of Traverse City hereby reserves the right to select its own counsel in defense of any matter arising hereunder, and no payment, or acknowledgement of liability, loss, fine, penalty or charge shall be made against the City of Traverse City without its express written consent.

This indemnity shall survive the expiration or termination of this Contract.

The Contractor expressly acknowledges and agrees that this indemnification provision is intended to be as broad and inclusive as is permitted by law and that if any portion

CITY OF TRAVERSE CITY CONSTRUCTION CONTRACT

AMENDED May 20, 2024 thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

12. Compliance with Regulations. The Contractor shall keep itself fully informed of and shall at all times comply with all local, state and federal laws, rules and regulations applicable to this Contract and the work to be done hereunder.

13. Standard of Conduct. Unless a higher standard is contained in Contractor’s bid, Contractor shall render all services under this Contract according to generally accepted professional practices for the intended use of the work or project.

14. Third Party Participation. The Contractor agrees that despite any subcontract entered into by the Contractor for execution of activities or provision of services related to the completion of this project, the Contractor shall be solely responsible for carrying out the project pursuant to this Contract. The Contractor shall specify in any such subcontract that the subcontractor shall be bound by this Contract and any other requirements applicable to the Contractor in the conduct of the project unless the City and the Contractor agree to modification in a particular case. The Contractor shall not subcontract unless agreed upon in writing by the City.

15. Qualifications of the Contractor. The Contractor specifically represents and agrees that its officers, employees, agents and consultants have and shall possess the experience, knowledge, and competence necessary to qualify them individually for the particular duties they perform hereunder.

16. Notice. Whenever it is provided in this Contract that a notice or other communication is to be given or directed to either party, the same shall be given or directed to the respective party at its address as specified in this Contract, or at such other address as either party may, from time to time, designate by written notice to the other.

17. Termination.

A. For Fault. If the City determines that the Contractor has failed to perform or will fail to perform all or any part of the services, obligations, or duties required by this Contract, the City may terminate or suspend this Contract in whole or in part upon written notice to the Contractor specifying the portions of this Contract and in the case of suspension shall specify a reasonable period not more than thirty (30) days nor less than fourteen (14) days from receipt of the notice, during which time the Contractor shall correct the violations referred to in the notice. If the Contractor does not correct the violations during the period provided for in the notice, this Contract shall be terminated upon expiration of such time. Upon termination, any payment due the Contractor at time of termination may be adjusted to cover any additional costs occasioned the City by reason of the termination. This provision for termination shall not limit or modify any other right to the City to proceed against the Contractor at law or under the terms of this Contract.

CITY OF TRAVERSE CITY CONSTRUCTION CONTRACT

AMENDED May 20, 2024

B. Not for Fault. The performance of work under the Contract may be terminated by the City in whole or in part whenever the City determines that termination is in the City's best interest. Any such termination shall be effected by the delivery to the Contractor of a written notice of termination at least fourteen (14) days before the date of termination, specifying the extent to which performance of the work under the Contract is terminated and the date upon which such termination becomes effective.

After receipt of a notice of termination, except as otherwise directed, the

Contractor shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders or subcontracts for materials, services or facilities except as necessary for completion of such portion of the work not terminated; terminate all vendors and subcontracts, and settle all outstanding liabilities and claims.

18. Unsatisfactory Work. The Contractor shall promptly correct work rejected by the

Engineer as failing to conform to the requirements of the Contract Documents. The

Contractor shall bear the cost of correcting such rejected work. If, at any time during the Contract term, the service performed or work done by the Contractor is considered by the City to create a condition that threatens the health, safety or welfare of the community, the Contractor shall, on being notified by the City Engineer, immediately correct such deficient service or work. In the event Contractor fails, after notice, to correct the deficient service or work immediately, the City shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of the Contractor.

19. Failure to Enforce. Failure by the City of Traverse City at any time to enforce the provisions of the Contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the Contract or any part thereof, or the right of the City of Traverse City to enforce any provision at any time in accordance with its terms.

20. Freedom of Information Act. The Contractor acknowledges that the City may be required from time to time to release records in its possession by law. The Contractor hereby gives permission to the City to release any records or materials received by the

City as it may be requested to do so as permitted by the Freedom of Information Act, MCL 15.231 et seq. Provided, however, that the Contractor shall not be held liable for any reuse of the documents prepared by the Contractor under this Contract for purposes other than anticipated herein.

21. Force Majeure. If because of Force Majeure either party is unable to carry out any of its obligations under this Contract (other than obligations of such party to pay or expend money for or in connection with the performance of this Contract), and if such party promptly gives to the other party concerned written notice of such force majeure, then the obligations of the party giving such notice will be suspended to the extent made necessary by such force majeure and during its continuance, provided the effect of such force majeure is eliminated insofar as possible with all reasonable dispatch. "Force Majeure" means unforeseeable events beyond a party’s reasonable

CITY OF TRAVERSE CITY CONSTRUCTION CONTRACT

AMENDED May 20, 2024 control and without such party’s fault or negligence, including, but not limited to, acts of God, acts of public enemy, acts of the federal government, acts of another party to this Contract, fire, flood, inclement weather, epidemic, quarantine restrictions, strikes and embargoes, labor disturbances, the unavailability of raw materials, legislation, charter amendments or referendum, orders or acts of civil or military authority, injunctions, or other causes of a similar nature which wholly or substantially prevent performance. If the suspension of work lasts for more than thirty (30) days, the City may terminate this Contract.

22. Delay. If the Contractor is delayed in the completion of work due to Force

Majeure, or otherwise, the time for completion may be extended for a period determined by the City to be equivalent to the time of such delay. The City may terminate this Contract if the delay lasts for more than 30 days. Upon termination by the City, the Contractor shall be entitled to the costs actually incurred in compliance with this Contract until the date of such termination, but not more than the maximum

Contract amount.

23. Dispute Resolution.

A. If any party has a dispute with another regarding the meaning,…