ITB-RH-25-037_Van Hoosen Cemetery Irrigation Project.pdf

CITY OF ROCHESTER HILLS

OAKLAND COUNTY, MICHIGAN

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR:

VAN HOOSEN JONES / STONEY CREEK CEMETERY

IRRIGATION IMPROVEMENTS

ITB-RH-25-037

Prepared By:

The City of Rochester Hills 1000 Rochester Hills Drive Rochester Hills, MI 48309

TABLE OF CONTENTS

Section Title Page Number

I. Bid Documents Invitation to Bid .................................................................................................................. 1-2 Instructions to Bidders ........................................................................................................ 3-9

II. Proposal Documents Bid Form ......................................................................................................................... 10-12 Legal Status of Bidder. .................................................................................................... 13-15 Statement of Qualifications ............................................................................................. 16-17

III. Award Documents

Notice of Award Insurance Requirements .................................................................................................. 19-20 Bond Requirements Bond Forms ..................................................................................................................... 22-27 Subcontractor Listing Contract ........................................................................................................................... 29-30

IV. Pre-Construction Meeting Documents

Notice to Proceed

V. Payment Documents Contractor’s Declaration Form ........................................................................................ 32-33 Sworn Statement ............................................................................................................. 34-35 Partial Conditional Waiver Contractor’s Affidavit Form with Final Payment

VI. General Conditions ....................................................................................................... 38-52

VII. Special Conditions ......................................................................................................... 53-63

VIII. General Specifications ................................................................................................... 64-68

IX. Special Provisions ........................................................................................................ 69-133

INVITATION TO BID

VAN HOOSEN JONES / STONEY CREEK CEMETERY

IRRIGATION IMPROVEMENTS

ITB-RH-25-037

CITY OF ROCHESTER HILLS

OAKLAND COUNTY, MICHIGAN

Dated Tuesday, April 22, 2025: Sealed bids for the VAN HOOSEN JONES/STONEY CREEK CEMETERY IRRIGATION IMPROVEMENTS PROJECT will be received by the City of Rochester Hills’ Purchasing Division located at 1000 Rochester Hills Drive, Rochester Hills (Lower Level), Michigan 48309 via electronic bid submission ONLY until EXACTLY 3:00 P.M., Michigan Time, on TUESDAY, MAY 20, 2025 at which time the bids will be publicly opened and read aloud via Zoom Teleconference. Please note, there may be delays during the opening due to downloading of the bids submitted, printing them, and then reading them in real time as the opening is occurring. In order to assist in the process, Bidders should upload one complete bid document to the MITN system to assist in streamlining the opening process.

The City of Rochester Hills officially distributes bid/proposal documents from the Purchasing Division or through the Michigan Intergovernmental Trade network (MITN). Copies of bid documents obtained from any other source are not considered official copies. The first step to do business with the City is to become a registered vendor by visiting the City website at www.rochesterhills.org, select Government Services, Departments, Purchasing, and Quick Link to MITN website. Final bid results will be posted on the MITN website after award. The Contract and Specifications documents for this project are available on the MITN system. A complete paper copy of the Contract and Specification documents can be obtain from the City of Rochester Hills Purchasing Division at 1000 Rochester Hills Drive, Rochester Hills, Michigan 48309 and will require a non-refundable fee of $45.00.

Checks/money orders must be in the possession of the City before documents/drawings will be mailed.

Each bid shall be accompanied by a certified check or a bid bond in an amount not less than 5% of the bid amount. The bond shall be with a Surety licensed and admitted to do business in the State of Michigan and in a form acceptable to the City of Rochester Hills.

All bids shall be opened publicly via Zoom Teleconference at the date and time specified. Each bid shall be recorded together with the name of the bidder. Bids shall be in accordance with the Purchasing Ordinance and the requirements of this notice in order to be deemed “responsive.”

The accepted bidder will be required to furnish Insurance Certificates, Payment, Performance and Maintenance Bonds underwritten by a Surety licensed and admitted to do business in the State of Michigan and acceptable to the City.

http://www.rochesterhills.org/

All bids must be submitted electronically via the MITN website, included the bid bonds. Hardcopy and late bids will not be accepted. The City of Rochester Hills is capable of accepting documents in docx, xlsx, pdf, jpg, tif or rtf formats. It is requested that you upload one complete document, versus that of several individual sheets. Please name your files accordingly if more than one file is uploaded to the site.

It is the intention of the City of Rochester Hills to award this Contract to a Contractor fully capable both financially and with previous experience in this type of work. Selection of bidder will include qualifications and performance records as outlined in instructions to bidders.

The right to accept any bid, to reject any or all proposals and to waive defects in bids is reserved by the City of Rochester Hills. Portions of this Contract may be deleted due to unforeseen circumstances without compensation.

The City reserves the right to change or amend the bid documents, prior to the bid opening date by the issuance of addendum posted on the MITN website. It shall be the contractor’s responsibility to make inquiry as to the changes or addenda issued. All such changes or addenda shall become a part of the contract and all contractors shall be bound by such changes or addenda.

Under 2012 PA 517, an Iran Linked Business, as defined therein, is not eligible to contract with the City and shall not submit a bid.

The City’s acceptance of a bid and approval of the award of a contract shall not constitute a formed contract, and the acceptance of a bid and award of a contract shall be contingent and conditioned upon the parties’ entry into and execution of a written agreement acceptable to the City.

Bid Opening Via Zoom Teleconference Bidders wanting to view the opening are invited to do so utilizing the following meeting information listed below. We are requesting that you not attend in person to limit capacity within City building during this time and it is possible that City buildings may not be open to the public at the time of the opening.

When: May 20, 2025 03:00 PM Eastern Time (US and Canada) Topic: ITB-RH-25-037 Van Hoosen Cemetery Irrigation Project

Please click the link below to join the webinar:

https://us02web.zoom.us/j/84191516549

Webinar ID: 846 4527 8895 https://us02web.zoom.us/j/84191516549

SECTION I - INSTRUCTIONS TO BIDDERS

1. SCOPE OF WORK

Van Hoosen Jones / Stoney Creek Irrigation Improvements Scope of Work includes (but not limited to): Abandonment / removal of existing irrigation infrastructure, and installation of new underground irrigation system within the cemetery. Work includes placement of piping, irrigation heads, controllers, etc., along with minor concrete walk replacement and project restoration.

2. PROPOSAL DOCUMENTS

a) Sealed bid documents will be received as per the Invitation to Bid and Instructions to

Bidders.

b) Bid documents shall be submitted only on forms provided by the City and shall be a unit price bid for all items of the contract.

c) Bid documents must be completed legibly in ink or by typewriter.

d) All bids must be submitted electronically via the MITN website, included the bid bonds by the date and time specified in the Invitation to Bid. Hardcopy, Faxed, Emailed and late bids will not be accepted. The City of Rochester Hills is capable of accepting documents in docx, xlsx, pdf, jpg, tif or rtf formats. It is requested that you upload one complete document, versus that of several individual sheets. Please name your files accordingly if more than one file is uploaded to the site.

e) Bid documents shall be made in full conformity with all the conditions set forth in the drawings and in these specifications. Bids are firm and cannot be withdrawn for a period of one-hundred and twenty (120) days after opening of the bids.

3. INSPECTION OF SITE

a) Before submitting a bid, each Bidder shall personally inspect the site of the proposed work to arrive at a clear understanding of the conditions under which the work is to be done.

a. The Bidder shall be held responsible to have compared the premises with the drawings and specifications and is satisfied as to conditions of the premises, existing construction and any other conditions affecting the carrying out of the work before delivery of the bid.

b. No allowance or extra consideration on behalf of the Contractor will subsequently be allowed by reason of error or oversight on the part of the Contractor or on account of interference by the Owner's or other Contractor's activities.

4. SOIL CONDITIONS

Before submitting a bid, each Bidder shall personally make their own determination as to soil conditions and subsoil conditions along the line of the proposed work. Each Bidder shall be held responsible to have determined to their own satisfaction the conditions they will encounter in construction of the work, including subsoil conditions, and they shall complete the work in whatever material and under whatever conditions they may encounter or create without extra cost to the owner.

On request, the Owner will provide each Bidder access to the project sites to conduct such investigations and tests, as each Bidder deems necessary for submission of their bid.

5. DIFFERING SITE CONDITIONS

During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed.

Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment will be made and the contract modified in writing accordingly. The engineer will notify the Contractor of the determination whether or not an adjustment of the contract is warranted.

No contract adjustment, which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

No contract adjustment will be allowed under this clause for any effects caused on unchanged work.

In no event shall a differing site condition invalidate the contract or release Surety.

6. EXPLANATION TO BIDDERS BY BULLETINS/CHANGES OR ADDENDUMS

a) Neither the Owner nor Engineer will give verbal replies to inquiries regarding the meaning or intent of the Contract Documents previous to the award of the Contract. Any verbal statements regarding same by any person, previous to the award, shall be without legal effect.

b) Explanations desired by Bidders shall be requested of the Purchasing Manager – Lisa Cummins, CPPB, City of Rochester Hills Purchasing Division, 1000 Rochester Hills Drive, Rochester Hills, Michigan 48309, 248-841-2537, Fax: 248-608-8178, cumminsl@rochesterhills.org, in writing and, if explanations are necessary, a reply will be made in the form of an addendum, which will be posted on the MITN system.

c) Bulletins/changes or addendums issued to Bidders prior to date of receipt of bids shall become a part of the contract/specifications and all bids shall include the work described.

d) No inquiry received within ten (10) days of the date fixed for opening of the Bids will be given consideration.

e) Failure of the Owner/Engineer to send, or the Bidder to receive, any such interpretations shall not relieve the Bidder from obligation under the Bid as submitted or the changes or addenda issued by the City.

7. LEGAL STATUS AND NAME OF BIDDER

a) The name and legal status of Bidder, that is, as a corporation, partnership, LLC, or individual, shall be stated in the bid.

b) Anyone signing a bid as an agent of another or others must submit with the bid legal evidence of their authority to do so.

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

8. EXPERIENCE AND FINANCIAL STATEMENT

It is the intention of the Owner to award the contract to a contractor fully capable, both financially and as regards to experience to perform and complete the work in a satisfactory manner. Each Bidder must complete the Statement of Qualifications request and must possess the minimum

Michigan Department of Transportation pre-qualification classification specified in the Invitation to Bid. If required by Owner, each Bidder under consideration may be required to submit additional evidence of qualifications.

9. CONTRACTORS

The Contractor may not sublet, assign or transfer this Contract or any portion thereof, except the furnishing of necessary materials, without the written consent of the Owner in accordance with Item 8 of the General Conditions and the provisions provided herein. Such consent shall in no way relieve the Contractor of full responsibility for the performance of the Contract.

The Subcontractor shall not begin work until they have been approved by the Engineer and have had the subcontract with the Prime Contractor executed in a form acceptable to the Owner.

Approval of the subcontracting of any portion of the work will not be given unless and until determined that the Subcontractor is qualified to bid on work of the type, magnitude, and scope proposed.

If the amount of the subcontract or the nature of the work to be performed thereunder warrants, the Owner may require the Subcontractor to furnish, for the benefit of the Contractor, bonds in an amount proportioned to the amount of the subcontract, and for the same purpose and under the same specifications as those of the General Contract. The Surety on the General Contract shall not be eligible to furnish such subcontract bonds.

The Owner reserves the right to remove from the job any Subcontractor or their equipment operating in violation of these requirements, and any costs or damages thereby incurred are assumed by the Contractor. It is further understood that the Contractor's responsibilities in the performance of their Contract, in case of an approved subcontracting, are the same as if they had handled the work directly.

The Contractor shall provide such insurance for and indemnify the Owner, Engineer, and others so named, as outlined in the Insurance Requirements.

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

10. SUBCONTRACTORS

Bidder shall submit to Owner a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work as to which such identification is required within ten (10) City of Rochester Hills working days after the date of the Notice of Award. If the Subcontractor list is modified in any way after the initial submittal, the Contractor is required to resubmit a revised list to the Owner and Engineer at the pre-construction meeting. If requested by the owner, the apparent successful Bidder and any other Bidder so requested, will within two days after the day of Bid opening, submit an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, other person or organization, they may request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any such substitutions, the Contract shall not be awarded to such Bidder, but their declining to make any such substitution will not constitute grounds for sacrificing their Bid Security. Any Subcontractor, other person or organization so listed and to whom Owner or Engineer does not make written objection prior to signing of the contract will be deemed acceptable to Owner and Engineer.

11. NON-DISCRIMINATION CLAUSE

In the performance of a Contract or purchase order, the contractor agrees not to discriminate against any employee or applicant for employment, with respect to their hire, tenure, terms conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental handicap or disability. The contractor further agrees that every subcontract entered into for the performance of any Contract or purchase order resulting herefrom will contain a provision requiring non-discrimination in employment, as herein specified, binding upon each subcontractor. This covenant is required pursuant to the Elliot Larsen Civil Rights Act, 1976 Public Act 453, as amended, MCL 37.2201, et seq, and the Michigan Handicapper’s Civil Rights Act, 1976 Public Act 220, as amended, MCL 37.1101, et seq, and any breach thereof may be regarded as a material breach of the Contract or purchase order.

12. BID SECURITY

Each Bid must be accompanied by a certified check or a bid bond in an amount not less than five percent (5%) of the bid amount and in a form acceptable to the City. The bond shall be with a Surety licensed and admitted to do business in the State of Michigan. The Surety Company executing the bond must be acceptable to the City and must provide a bond number in the designated area of the bond form.

13. BOND AND INSURANCE REQUIREMENTS

The successful Bidder shall furnish surety bonds with sureties acceptable to the Owner within ten (10) days of the issuance of the Notice of Award. One bond in an amount not less than one hundred percent (100%) of the Contract price as security for the faithful performance of the Contract and one in an amount not less than one-hundred percent (100%) of the Contract price as security for the payment of all labor, materials, and supplies used in the work and protection of the Owner from all liens and damages arising from the work.

In addition, the contractor shall be required to furnish a maintenance bond in an amount not less than twenty-five percent (25%) of the Contract guaranteeing the materials and work or any part thereof, for a period of two years from the date of final pay estimate, any faulty or defective materials will be replaced and/or workmanship will be corrected due to the satisfaction of the City of Rochester Hills.

The accepted bidder will be required to furnish insurance coverage and bonds with companies licensed and admitted to do business in the State of Michigan and in a form acceptable to the City.

If any of the coverages expire during the term of the contract, the Contractor shall deliver renewal certificates and/or policies to the City of Rochester Hills at least ten (10) days prior to the expiration date.

Failure to comply with the insurance requirements contained in the contract shall constitute a material violation and breach of the contract and may result in termination of the contract.

14. CONDITION OF PAYMENT

The Contractor's request for a payment shall be accompanied by the following documents:

i. Contractor's Declaration

ii. Sworn Statement and Partial Conditional Waiver

The Contractor's request for final payment shall be accompanied by the following documents:

a. Contractor's Declaration

b. Contractor's Affidavit

c. Waivers, as required from major suppliers and subcontractors

d. Release of Surety

e. Release from other agencies for which permits have been obtained under this contract.

15. BIDS TO REMAIN OPEN

All Bids shall remain open for one-hundred and twenty (120) days after the day of the Bid opening, but the Owner may, at their sole discretion, release any Bid and return the Bid Security prior to that date.

16. AWARD OF CONTRACT

It is the intention of the City of Rochester Hills to award this Contract to a Contractor fully capable both financially and with previous experience in this type of work. Selection of Bidder will include qualifications and performance records.

The right to accept any bid, to reject any or all bids and to waive defects in bids is reserved by the City of Rochester Hills. Portions of this Contract may be deleted due to unforeseen circumstances without compensation.

17. DISPOSITION OF BID DEPOSITS

The bid deposit for the three (3) low Bidders will be retained until the contract has been awarded.

The remaining bid deposits will be returned 14 days after the bid opening.

If the Bidder, to whom the Contract has been awarded, shall refuse or neglect to execute the Contract, provide the required bonds and insurance and properly secure the same within ten (10) City of Rochester Hills working days after written notice by the Owner to do so, the amount of the deposit shall be forfeited to and retained by the Owner as liquidated damages for such neglect or refusal.

18. TIME OF COMPLETION

The Contractor shall complete the project, including restoration of all disturbed areas, within the time limits indicated below and after the Notice to Proceed has been given. Final completion shall be: All final work, including restoration, shall be completed by August 15, 2025.

The value of liquidated damages for this project shall be as identified under Item 20 of the Instruction to Bidders and under the terms and conditions stated in Section VI of the General Conditions.

19. CHANGES IN THE WORK

The City reserves the right to increase, decrease, or eliminate proposed items of work. The decision to change the work will be made by the City and will depend upon the availability of funds.

20. LIQUIDATED DAMAGES

It is hereby understood, and mutually agreed, by and between the Contractor and Owner, that the time of completion as specified is an essential condition of this contract.

The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the said time for completion of the work described herein are reasonable times for the completion of same, taking into consideration the average climate range and usual industrial conditions prevailing in this locality.

The said amount if fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount shall be retained from time to time by the Owner from any monies in their hands otherwise due or to become due the Contractor or to sue for and recover compensation for damages for non-performance of this contract at the times stipulated herein and provided.

It is agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is allowed for completion of any work, the new time limit fixed by such extension shall be of the essence of this contract.

The amount of Liquidated damages for this project will be $1,550.00 per day for each calendar day that final completion of the projects and phases, including restoration, is not completed and accepted after August 15, 2025.

If the said Contractor fails to perform the work within the times herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to pay to the Owner the sums as specified below, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default each of the times stipulated in the contract for completing the work.

It is further agreed that should there be an increase or reduction of the amount of work specified within the contract that would increase or reduce the number of calendar days required to complete the project, a revision shall be made to reflect this change in the scope of work, and shall be agreed upon between the Owner’s Representative and the Contractor.

Calendar Day is defined as every day shown on the calendar beginning and ending at midnight.

Unless otherwise designated, the word “day” shall mean calendar day.

21. PRIVATE WORK

The Contractor and Subcontractor shall NOT perform any private work within the project area until the work under this Contract is completed unless written approval is received from the City of Rochester Hills.

22. PERMITS

The successful Bidder will be required to post all fees, insurance, and bonds necessary to obtain the permit required for work at the project location.

A permit from the City of Rochester Building Department for the electrical connection of irrigation controller. The Contractor is responsible for securing the permit, paying any fees, adhering to the permit requirements and scheduling all inspections required.

See Item 36 of the General Condition for additional information regarding Permits.

23. COVID-19 MANAGEMENT ADHERENCE

As a result of the COVID-19 pandemic, in the event of the issuance of any order by federal, state or local health authorities, which requires the suspension of any, or all activities for any time period, all Vendors are hereby on notice that in the event that certain types of events or projects, including but not limited to the Project set forth in this Request for Proposals, are at any time determined by the City or other governmental authorities, to be required to be suspended, for the safety, health and welfare of the public, or to be in accordance with any applicable order, this event/project may be delayed, terminated, or cancelled, as set forth under the FORCE MAJEURE CLAUSE of this Agreement. The City shall not be responsible for additional costs, or any costs related to the delay, termination, or cancellation of the project.

24. FORCE MAJEURE

Neither party to this contract shall be held responsible for delay or default caused by fire, riot, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, acts of God and/or war, national emergency making performance temporarily impossible or illegal, strikes and labor disputes, or the combined actions of workers in no way chargeable to the Contractor’s control, fires, floods, freight embargoes or adverse weather conditions of unusual severity and excessive duration for the time of year, which is beyond that party’s reasonable control. The City of Rochester Hills may terminate this contract after determining such a delay or default will reasonably prevent successful performance of the contract.

SECTION II - BID FORM

VAN HOOSEN JONES / STONY CREEK CEMETERY

IRRIGATION IMPROVEMENTS

ITB-RH-25-037

BID FORM

Unit Item Description Quantity Unit Price Amount

1. Mobilization, Max (5%) 1 Lump Sum $ $

2. Audio Video Route Survey / Utility Tracing 1 Lump Sum $ $

3. Pavt, Rem, Mod 300 Square Yard $ $

4. Sidewalk, Rem 100 Square Yard $ $

5. Sidewalk, Conc, 4 inch, Modified 600 Square Feet $ $

6. Handpatching 25 Ton $ $

8. 2.5” PVC – Trench / Fittings 3000 Foot $ $

9. 2” PVC – Trench / Fittings 1,600 Foot $ $

10. 1.5” PVC – Trench / Fittings 1,400 Foot $ $

11. 1.25” PVC – Trench / Fittings 6,800 Foot $ $ 12 1” PVC – Trench / Fittings 13,700 Foot $ $

13. 4” Pop-Up Sprinkler Assembly 510 Each $ $

14. 12” Pop-Up Sprinkler Assembly 300 Each $ $

15. I-25 Sprinkler Assembly 10 Each $ $

16. Quick Coupling Valve Assembly 5 Each $ $

17. 1” Valve Assembly 10 Each $ $

18. 1.5” Valve Assembly 58 Each $ $

19. 2” Valve Assembly 7 Each $ $

20. Irrigation Controller 2 Each $ $

21. Huter IDWIRE 3100 Foot $ $

22. Irrigation Boring (4”) 200 Foot $ $

23. Watering Station 8 Each $ $

24. Mainline Master Valve Flow Sensor 2 Each $ $

25. 2” Tap 2 Each $ $

26. 2HP Booster Pump Assembly 1 Lump Sum $ $

27. Project Restoration 1 Lump Sum $ $

28. Traffic Maintenance and Control 1 Lump Sum $ $

TOTAL BID:

NOTICE TO BIDDERS: Bidders must submit unit prices for all items in the Bid Form to be considered a successful responsible bidder.

The Contractor agrees to deliver the executed contract, bonds, and subcontractor list and furnish insurance certificates within ten (10) City of Rochester Hills working days after date of award. In addition, the Contractor shall begin work within ten (10) days after receipt of written notice to proceed, unless otherwise directed by the Engineer.

WAIVER

The Bidder does hereby represent and warrant that the price bid in this proposal is a complete and correct statement of the price bid for the work included in said bid is complete, correct and submitted as intended by him and does hereby waive any right or claim he may now or hereafter have by reason of errors, mistakes or omissions made by him in said bid.

BID NON-COLLUSIVE

The Bidder does hereby represent and warrant that this bid is genuine and not collusive or sham, and that he has not in any manner, directly or indirectly agreed or colluded with any other person, firm or association to submit a sham bid or to refrain from bidding or in any way fix this bid or that of the other bidder, or to secure any advantage against the Owner.

The Bidder does hereby represent and warrant that no officer or employee of the Owner is directly or indirectly interested in this bid or in any contract which may be made under it, or any expected profits to arise therefrom.

NOTE: Bidder hereby acknowledges that the unit prices quoted represent all labor, and materials necessary to perform and complete the work in accordance with the current standards of the Engineering Department, the MDOT 2020 Standard Specifications for Construction and the requirements of applicable regulatory agencies and accordance with the intent, extent and scope of work so described in the Contract Documents.

All related items of work necessary to complete the project which are not detailed above, shall be incidental to the construction of the project.

ATTACHMENTS TO THE PROPOSAL: The following documents are attached to and made a condition of this bid:

_____ a. Bid Security in the form of Certified Check, or Bid Bond (cross out one) in the sum of five

(5%) percent of amount bid.

_____ b. Completed Legal Status and Name of Bidder, Request for Taxpayer Identification Number and Certification (W9) Form.

c. Statement of Qualifications.

BULLETINS/CHANGES OR ADDENDUMS: Bidder acknowledges receipt of the following bulletin/change or addenda:

No. Date:

No. Date:

No. Date:

Each bulletin/change or addendum issued in relation to the bid will be on file in the Purchasing Division and posted on the MITN system. It shall be the contractor’s responsibility to make inquiry as to the bulletins/changes or addendums issued. All such bulletins/changes or addendums shall become part of the contract and all bidders shall be bound by such bulletin/change or addenda.

The Bidder hereby declares that he has inspected the site of the work and further declares that no charges in addition to the unit prices shall be made on account of it.

The undersigned agrees, if awarded the contract, to deliver the executed contract, bonds, subcontractor list and furnish insurance certificates within ten (10) City of Rochester Hills working days after date of award.

In addition, the undersigned shall begin work within ten (10) days after receipt of written notice to proceed, unless otherwise directed by the Engineer.

If this Bid is accepted by the City of Rochester Hills, and the undersigned shall fail to sign the contract as aforesaid and to furnish the subcontractor list, the surety bonds, and the required insurance coverage within ten (10) City of Rochester Hills working days of being notified of the acceptance of the bid, then the undersigned bid guarantee shall be considered due and payable to the Owner.

If the undersigned enters into the contract in accordance with the Bid or if his bid is rejected, then the accompanying Bid guarantee shall be voided.

In submitting this bid, it is understood that the right is reserved by the Owner to reject any or all bids, to waive irregularities and/or formalities and, in general, to make award in any manner deemed by it, in its sole discretion, to be in the best interest of the Owner.

The undersigned certifies on behalf of the Bidder that the Bidder is not an “Iran Linked business,” as defined in the Iran Economic Sanctions Act of the State of Michigan, 2012 PA 517.

In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the awarded contractor of such occurrence and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the City.

SIGNED AND SEALED THIS DAY OF , 2025.

MAILING ADDRESS:

Firm Name

Representative

Authorized Signature

Title Telephone Number

Fax Number

SECTION II - LEGAL STATUS OF BIDDER

(The Bidder shall fill out the appropriate sections).

A Corporation duly organized and doing business under the laws of the State of Michigan for whom ______________________________whose signature is affixed to this

Bid, is duly authorized to execute contracts.

A Limited Liability Company (LLC) duly organized and doing business under the laws of the State of Michigan for whom ______________________________whose signature is affixed to this

Bid, is duly authorized to execute contracts.

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

Partner’s Name Address

City State Zip Code

Partner’s Name Address City State Zip Code

Partner’s Name Address

City State Zip Code

An Individual, whose signature is affixed to this Bid:

Name Address

City State Zip Code

NOTE: Bidder, IF A CORPORATION, shall cause the following certificate to be executed:

CERTIFICATE

I, _______________________________, certify that I am a duly authorized officer of the corporation entitled ____________________________ and do certify that the following named persons:

1. _________________________________ ________________________________ (Name) (Title)

2. _________________________________ ________________________________

3. _________________________________ ________________________________

4. _________________________________ ________________________________

5. _________________________________ ________________________________ by authority of the above-named corporation’s Board of Directors and within the scope of its corporate power, are authorized to sign the Bid, the Agreement the Contract Bonds and all other Contract Bonds, and all other Contract Documents related to this Contract.

BY _________________________________ ________________________________

(Authorized Signature) (Title)

(Print Name of Signer) (Date)

NOTE: Bidder, IF NOT A CORPORATION, shall cause the following certificate to be filled out:

CERTIFICATE

I, _____________________________________, am a duly authorized individual of the company entitled ____________________________ and do officially state that the following named persons:

1. _________________________________ ________________________________

2. _________________________________ ________________________________

3. _________________________________ ________________________________

4. _________________________________ _________________________________

5. _________________________________ _________________________________ by authority of the above-named are authorized to sign the Bid, the Agreement the Contract Bonds and all other Contract Bonds, and all other Contract Documents related to this Contract.

BY _________________________________ ________________________________

(Authorized Signature) (Title)

(Print Name of Signer) (Date)

SECTION II - STATEMENT OF QUALIFICATIONS

Please complete the following form and provide all information requested. If more space is needed to complete a question, attach a separate sheet. Bidder may submit any additional information.

Name:

Address: ____________________________________ County:______________________________

____________________________________ Phone:

Number of years operating under your present name:

Bonding Capacity:

Bonding Company: Phone:

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

SECTION II - STATEMENT OF QUALIFICATIONS

CURRENT PROJECTS:

Project Project Project

Name:

Owner:

Contact Person:

Phone:

Contract Amount:

Completion Date:

% Complete:

COMPLETED PROJECTS:

Name:

Owner:

Contact Person:

Phone:

Contract Amount:

Date Completed:

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

Has your company defaulted on a contract?

If yes, where and why?

I hereby certify that the above answers are correct and true.

By:

Name

Signature

Title Number(s) of additional sheets attached _____

SECTION III - NOTICE OF AWARD

To: ______________________________

Project Description: ITB-RH-25-037 Van Hoosen Jones Stony Creek Cemetery Irrigation Improvements

The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation to Bid, dated , , 2025, referencing the Instructions to Bidders and all the Supplementary Information provide to the Bidders.

You are required by the Instructions to Bidders to execute the Contract, the Notice of Award and furnish the Subcontractor List, and the Contractor's Performance Bond, Payment Bond, and Maintenance Bond including a properly completed Power of Attorney and the Certificate of Insurance within ten (10) City of Rochester Hills working days after the date of this Notice to you.

If you fail to execute said Contract and to furnish said bonds, subcontractor list, and the required insurance coverage within ten (10) City of Rochester Hills working days after the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as for a forfeiture of your Bid Security. The Owner will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this Notice of Award to the Owner.

Dated this day of 2025.

Owner City of Rochester Hills

By _______________________________ Lisa Cummins, NIGP-CPP, CPPB

Title Procurement Manager

ACCEPTANCE OF NOTICE

Receipt of the above Notice of Award is hereby acknowledged by:

_________________ On Contractor’s Name Date

By ______________________________________ Authorized Signature Print Authorized Signature

Title of Authorized Signature

SECTION III - INSURANCE

CITY OF ROCHESTER HILLS

INSURANCE REQUIREMENTS

The Contractor shall not commence work under this contract until they have obtained the insurance required under this paragraph. All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan. All coverages shall be with insurance carriers acceptable to the City. The City of Rochester Hills shall be named as certificate holder.

1. Workers' Compensation Insurance: The Contractor shall procure and maintain during the life of this contract, Workers' Compensation Insurance, including Employers Liability Coverage, in accordance with all applicable statutes of the State of Michigan.

2. Commercial General Liability Insurance: The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an "Occurrence Basis" with limits of liability not less than $2,000,000.00 per occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse and Underground (XCU) Exclusions, if applicable; (F) per Contract Aggregate.

3. Motor Vehicle Liability: The Contractor shall procure and maintain during the life of this contract Motor Vehicle Liability Insurance, including Michigan No-Fault Coverages, with limits of liability of not less than $2,000,000.00 per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

4. Additional Insured: Commercial General Liability and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating: It is understood and agreed that the following shall be Additional Insureds: the City of Rochester Hills, all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof, and Testing Engineers & Consultants, Inc. and the Construction Engineer, which will be named later. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage be primary, contributing or excess.”

5. Cancellation Notice: Workers' Compensation Insurance, Commercial General Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named to the left.”

6. Owner's & Contractor's Protective Liability: The Contractor shall procure and maintain during the life of this contract, a separate Owner's & Contractor's Protective Liability Policy with limits of liability not less than $2,000,000.00 per occurrence, Personal Injury, Bodily Injury and Property Damage. The City of Rochester Hills shall be "Named Insured" on said coverage. Thirty (30) days’ Notice of Cancellation shall apply to this policy.

SECTION III - INSURANCE

7. Proof of Insurance Coverage: The Contractor shall provide the City of Rochester Hills at the time the contracts are returned by him for execution, certificates and policies as listed below:

a. Two (2) copies of Certificate of Insurance for Workers' Compensation Insurance;

b. Two (2) copies of Certificate of Insurance for Commercial General Liability

Insurance;

c. Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance;

d. Original Policy, or original Binder pending issuance of policy, for Owner's &

Contractor's Protective Liability Insurance;

e. If so requested, Certified Copies of all policies mentioned above will be furnished.

If any of the above coverages expire during the term of this contract, the Contractor shall deliver renewal certificates and/or policies to the City of Rochester Hills at least ten (10) days prior to the expiration date.

8. Failure to Comply: Failure to comply with the insurance requirements contained in this contract shall constitute a material violation and breach of the contract and may result in termination of the contract.

Indemnification (Hold Harmless) Clause To the fullest extent permitted by law, the Contractor agrees to defend, pay on behalf of, indemnify, and hold harmless the City of Rochester Hills, its elected and appointed officials, employees and volunteers and others working on behalf of the City of Rochester Hills against any and all claims, demands, suits, or loss, including all costs including attorney fees connected therewith, and for any damages which may be asserted, claimed or recovered against or from the City of Rochester Hills, its elected and appointed officials, employees, volunteers or others working on behalf of the City of Rochester Hills, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract.

SECTION III - BOND REQUIREMENTS

CITY OF ROCHESTER HILLS

Performance Bond The Contractor, as Principal, shall furnish a surety bond in a form acceptable to the City of Rochester Hills in an amount not less than one-hundred (100%) percent of the contract amount as security for faithful performance of this contract. The City of Rochester Hills shall be Obligee under said bond.

The bond shall guarantee the faithful performance and shall indemnify and hold harmless the Obligee from all costs and damages by reason of the Principals failure to perform in accordance with the contract provisions. The contract, by reference, shall be an integral part of the bond. Said bond shall be with a surety licensed and admitted to do business in the State of Michigan. The Surety Company executing the bond must be acceptable to the City and must provide a bond number in the designated area of the bond form.

Payment Bond The Contractor, as Principal, shall furnish a surety bond in a form acceptable to the City of Rochester Hills in an amount not less than one-hundred (100%) percent of the contract amount as security for the prompt payment to all persons supplying labor and material in the performance of all work under said contract, and any and all authorized modifications under this contract. The contract, by reference, shall be an integral part of this bond. Said bond shall be with a Surety licensed and admitted to do business in the State of Michigan. The Surety Company executing the bond must be acceptable to the City and must provide a bond number in the designated area of the bond form.

Maintenance Bond The Contractor, as Principal, shall furnish a surety bond in a form acceptable to the City of Rochester Hills guaranteeing that faulty or defective materials will be replaced and/or workmanship will be corrected to the satisfaction of the City of Rochester Hills. Said bond shall be for an amount not less than twenty-five (25%) of the contract amount for a minimum period of two (2) years from the date of final pay estimate by the City. Said bond shall be with a Surety licensed and admitted to do business in the State of Michigan. The Surety Company executing the bond must be acceptable to the City and provide a bond number in the designated area of the bond form.

Should any surety upon any bond furnished in connection with this Contract become unacceptable to the City or if any such surety shall fail to furnish reports as to his financial condition from time to time as requested by the Owner, the Contractor must promptly furnish such additional security as may be required from time to time by the Owner to protect the interests of the City or persons supplying labor or materials in the prosecution of the work contemplated by the Contract.

SECTION III - BOND FORMS

Bond #_________________

PERFORMANCE BOND

(Name of Contractor)

(Address of Contractor) a ________________________________________________________, hereinafter called Principal, (Corporation, LLC, Partnership, or Individual)

(Name of Surety)

(Address of Surety)

(Phone Number of Surety) (Fax Number of Surety) hereinafter called Surety, are held and firmly bound unto CITY OF ROCHESTER HILLS, 1000 ROCHESTER HILLS DRIVE, ROCHESTER HILLS, MICHIGAN 48309-3033 hereinafter called Owner, in the full and just sum of:

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

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the _________________ day of _______________________, 2025, a copy of which is hereto attached and made a part hereof for the construction of:

Van Hoosen Jones Stony Creek Cemetery Irrigation Improvements

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and during any guarantee period, and if they shall satisfy all claims and demands incurred under such contract, and fully indemnify and save harmless the Owner from all costs and damages, which the Owner may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation…