JN 222158 - High Street Specifications Sealed.pdf

Village of Middleville Barry County Michigan

HIGH STREET RECONSTRUCTION

CONTRACT SPECIFICATIONS

Project No. 222158

TABLE OF CONTENTS

Section Description Pages

00 01 15 - List of Drawings

00 10 00 - Bid Solicitation

00 20 00 - Instructions to Bidders

00 41 00 - Bid Form

00 42 00 - Proposal

00 50 00 - Agreement

00 61 10 - Performance Bond

00 61 15 - Payment Bond

00 70 00 - General Conditions

01 11 00 - Summary of Work

01 20 00 - Measurement and Payment

01 31 00 - Project Management and Coordination

01 33 00 - Submittal Procedures

01 42 00 - References

01 45 00 - Quality Control

01 55 26 - Maintaining Traffic

01 57 00 - Erosion and Sedimentation Control

01 60 00 - Product Requirements

01 72 00 - Construction Staking

01 77 00 - Closeout Procedures

03 60 00 - Non-Shrink Grout

31 01 30 - Cleaning and Video Inspection Underground Pipe

31 10 00 - Clearing

31 23 00 - Excavation and Fill

32 10 00 - Paving and Surfacing

32 92 00 - Surface Restoration

33 10 00 - Water Distribution

33 31 00 - Sanitary Sewer

33 41 00 - Storm Sewers

00 01 05.1

SECTION 00 01 05 LIST OF DRAWING SHEETS

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The following drawings are attached hereto and form a part of the Contract Documents. Generally entitled �High Street Reconstruction Project� they include:

Sheet No. Title

1 Cover Sheet

2-3 Typical Sections

4 Details

5-7 Removals

8-13 Water Main

14-18 Construction

19-20 Grading Details

21-23 Pavement Marking & Signage

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SECTION 00 10 00 BID SOLICIATATION

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ADVERTISEMENT

FOR

HIGH STREET RECONSTRUCTION PROJECT

VILLAGE OF MIDDLEVILLE

The Village of Middleville is soliciting sealed proposals for the High Street Reconstruction Project. The work includes the reconstruction of High Street with utility replacement including storm sewer improvements, lining of sanitary sewer, watermain abandonment and replacement, water service replacement, and restoration of all disturbed areas.

Sealed proposals will be received by the Village of Middleville at the Village Hall; located at 100 E. Main Street, Middleville, Michigan 49333 until 2:00 p.m. local time, Tuesday, March 19, 2024, at which time they will be publicly opened and read aloud.

Contract Documents may be obtained at www.williams-works.com, the offices of Williams and Works, 549 Ottawa NW, Grand Rapids, MI 49503, (616) 224-1500. Contract Documents are also available at www.mitn.info.

Each proposal shall be accompanied by a certified check or bid bond by a recognized surety in the amount of five percent (5%) of the total of the bid price.

After the time of opening, no bid may be withdrawn for a period of Sixty (60) days.

The Village of Middleville reserves the right to accept any bid, reject any or all bids, to waive informalities and make the award in any manner deemed in the best interest of the Village of Middleville.

Village of Middleville

BY ORDER OF:

Craig Stolsonburg Village Manager

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SECTION 00 20 00 INSTRUCTIONS TO BIDDERS

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ARTICLE 1 - BASIS OF PROPOSAL

1.1 The Bid is based on unit and lump sum prices as stipulated in the Bid Form. The totals of the extensions of unit and lump sum prices will be used as a basis for determining the total bid price.

1.2 All work necessary for completion of the Contract, but not specifically listed as a pay item, will be considered to be covered under one or more of the Bid items.

ARTICLE 2 - QUALIFICATIONS OF BIDDERS

Bids are solicited only from responsible BIDDERS skilled and regularly engaged in work of similar character and magnitude.

ARTICLE 3 - EXAMINATION OF CONTRACT DOCUMENTS AND SITE

3.1 Before submitting a Bid, each BIDDER shall:

A. Examine the Contract Documents thoroughly;

B. Visit the Site to become familiar with local conditions that may in any manner affect cost, progress, performance or timely completion of the Work;

C. Become familiar with all laws, rules and regulations that may in any manner affect cost, progress, performance or timely completion of the Work; and

D. Study and carefully correlate BIDDER's observations with the Contract Documents.

3.2 Surveys, investigations, and reports of subsurface or latent physical conditions at the Site which have been relied upon by ENGINEER in preparing the Drawings and Specifications are not guaranteed as to accuracy or completeness. Each BIDDER shall, at his own expense, make additional surveys and investigations as necessary to determine his Bid for the performance of the Work.

ARTICLE 4 - INTERPRETATION

Questions about the meaning or intent of the Contract Documents shall be submitted to the ENGINEER not less than seven (7) days prior to date of opening of Bids. Replies will be issued by Addenda mailed or delivered to Planholders of Record not less than three (3) days before Bids are due. ENGINEER may issue other Addenda at any time prior to opening of Bids. Only answers given by Addenda shall be binding. Oral and other interpretations or clarifications shall be without legal effect.

ARTICLE 5 - BID SECURITY

5.1 The type and amount of Bid Security is stated in the Advertisement. Bid Security from each BIDDER on the Work shall be by a single Surety.

5.2 A Bid Bond when used as Bid Security, shall be issued by a Surety named in U.S. Treasury Circular 570 licensed to conduct business in the state in which the Work is located.

5.3 The Bid Security of the successful BIDDER will be retained until the executed Agreement, Bonds, insurance certificates and other required information is delivered by the BIDDER to the OWNER.

5.4 Failure of the successful BIDDER to execute and deliver the Agreement, Bonds, insurance certificates and other required information within ten (10) days of the Notice of Award shall be just cause for OWNER to annul the Notice of Award and declare the Bid and Bid Security forfeited.

5.5 The Bid Security of any BIDDER whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until either the executed Agreement, Bonds, insurance certificates and other required information are delivered by the successful BIDDER to the OWNER or the expiration of the time limit specified for the Bid Hold Period, whichever occurs first.

5.6 Unless specifically requested, Bid Bond will not be returned to BIDDER.

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ARTICLE 6 - CONTRACT TIME

The time(s) for completion of the Work shall be as stipulated in the Agreement. If the time requirement(s) cannot be met, the BIDDER is requested to stipulate in the Bid Form his schedule for performance of the Work. Consideration will be given to time in evaluating Bids.

ARTICLE 7 - LIQUIDATED DAMAGES AND EXPENSES

Provisions for liquidated damages and expenses for failure to complete on time are set forth in the Agreement.

ARTICLE 8 - BID PREPARATION

8.1 Submit the Bid on the separate Proposal and Bid Form with Bid Security and other required documents. The bound copy is for BIDDER's records.

8.2 No change shall be made in the wording of the form or in any of the items. Bids should be typed or filled out legibly in ink.

8.3 All names must be printed or typed below the signature.

8.4 The Proposal shall contain an acknowledgement of receipt of all Addenda.

8.5 Bid by partnership shall be executed in the partnership name and signed by a partner. Partner's title must appear under signature.

8.6 Bid submitted by two or more firms will not be considered (i.e. no joint bids).

8.7 Bid by corporation must be executed in the corporate name by a corporate officer accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be listed.

8.8 Agreement will be on the basis of material and equipment described in the Contract Documents without consideration of substitute or "or-equal" items; except for alternates which may be offered by the BIDDER in the Bid Form and accepted by the OWNER prior to execution of the Agreement.

Applications for substitutions will be considered only after the Agreement has been executed. The procedure for substitutions is set forth in the General Conditions.

8.9 On unit price Bids, BIDDERS shall show the unit price for each item listed, the total price for the quantity of each item, and the total price for all items. If ENGINEER finds any errors in the Bidder's computations, ENGINEER reserves the right to make corrections.

ARTICLE 9 - SUBMISSION OF BIDS

9.1 Bids, Bid Security and other required documents shall be submitted prior to the time and at the place indicated in the Advertisement.

9.2 Submit Bid Documents, in a sealed envelope, properly identified.

9.3 If the Bid Documents are sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof.

9.4 Bid documents may not be sent by facsimile. Bids must be submitted in a sealed envelope as stated in part 9.2

ARTICLE 10 - MODIFICATION AND WITHDRAWAL OF BIDS

10.1 Bids may be modified or withdrawn by an appropriate document duly executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

10.2 If, within 24 hours after Bids are opened, any BIDDER files a duly signed notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material

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2/27/2024 222158 and substantial mistake in the preparation of Bid, that BIDDER may withdraw its Bid, and the Bid Security will be returned by OWNER.

ARTICLE 11 - OPENING OF BIDS

The Bid opening location and time will be as indicated in the Advertisement.

ARTICLE 12 - BID HOLD PERIOD

All bids shall remain firm, after the day of the Bid opening, for the period stipulated in the Advertisement.

ARTICLE 13 - AWARD OF CONTRACT(S)

13.1 BIDDER will be required to complete Bid documentation and correct irregularities as a condition of award. OWNER reserves the right to reject any and all Bids and waive any and all irregularities.

OWNER further reserves the right to accept or reject nonconforming, qualified, alternate or conditional Bids.

13.2 In evaluating Bids, OWNER will consider the qualifications of the BIDDERS, whether or not the Bids comply with the prescribed requirements and include completed alternates and unit prices if requested in the Bid Form. OWNER may conduct investigations to establish the responsibility, qualifications and financial ability of the BIDDERS and proposed Subcontractors to do the Work within the prescribed time. OWNER reserves the right to reject the Bid of any BIDDER who does not pass such evaluation to OWNER's satisfaction.

13.3 Subject to the rights reserved by the OWNER, it is intended that a contract will be awarded to the low responsible, responsive BIDDER whose evaluation indicates to OWNER that such award will be in the best interests of the OWNER.

13.4 Prior to the Notice of Award, ENGINEER will notify the apparent successful BIDDER if OWNER, after due investigation, has reasonable objection to any listed Subcontractor(s), where such listing is requested in the Bid Form. Failure of OWNER to make objection prior to Notice of Award will constitute acceptance of the listed Subcontractor(s), but not a waiver of any right of OWNER to reject defective work, material or equipment, or material and equipment not in conformance with the requirements of the Contract Documents.

13.5 If, prior to the Notice of Award, OWNER refuses to accept any listed Subcontractor(s), the apparent successful BIDDER may:

A. Submit an acceptable substitute without an increase in bid price; or

B. Withdraw Bid and Bid Security.

13.6 If, after Notice of Award, OWNER refuses to accept any Subcontractor, CONTRACTOR shall submit an acceptable substitute and the Contract Price will be adjusted by the difference in cost occasioned by such substitution.

13.7 Concurrently with execution and delivery of Agreement, CONTRACTOR shall deliver to OWNER the Bonds, insurance certificates and other information as required by the Contract Documents.

13.8 If Bidder is a business entity (i.e., corporation, partnership, joint venture, etc.) organized under the laws of a state other than the state of the location of the Work, Bidder must provide evidence of proper registration to do business in the state of the location of the Work as a condition to execution of the Agreement.

13.9 The Agreement and such other documents as required will be signed by OWNER and CONTRACTOR within 25 days of the Notice of Award. OWNER will sign Agreement within 10 days of receipt of required Bonds, insurance certificates, other required information, and CONTRACTOR executed Agreement. OWNER, CONTRACTOR, SURETY and ENGINEER will each receive an executed copy of the Agreement.

00 41 00.1

SECTION 00 41 00 BID FORM

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VILLAGE OF MIDDLEVILLE

HIGH STREET RECONSTRUCTION

ARTICLE 1-SCHEDULE OF PRICES

For the entire Work outlined in these Contract Documents complete as specified, using equipment and materials only of the type and manufacturers where specifically named, for the following unit and lump sum prices:

Unit Unit Total

No. Description Unit Qty Price Price

1 General Conditions, Bonds, Insurance, Max 5% Lsum 0.33 $__________ $__________

2 Mobilization, Max 10% Lsum 0.67 $__________ $__________

3 Curb and Gutter, Rem Ft 2950 $__________ $__________

4 Sidewalk, Rem Syd 1065 $__________ $__________

5 Pavt, Rem, Modified Syd 6110 $__________ $__________

6 Sewer, Rem, Less than 24 inch Ft 142 $__________ $__________

7 Plug, 12 inch Storm Penetration Ea 2 $__________ $__________

8 Machine Grading, Road Sta 18 $__________ $__________

9 Machine Grading, Sidewalk Sta 18 $__________ $__________

10 Erosion Control, Inlet Protection, Fabric Drop Ea 11 $__________ $__________

11 Erosion Control, Silt Fence Ft 1000 $__________ $__________

12 Subbase, CIP Cyd 2290 $__________ $__________

13 Aggregate Base, 8 inch Syd 6310 $__________ $__________

14 Dr Structure Cover, Adj, Case 1 Ea 16 $__________ $__________

15 Dr Structure Cover, Type B Ea 8 $__________ $__________

16 Dr Structure Cover, Type K Ea 6 $__________ $__________

17 Dr Structure, 48 inch Dia Ea 2 $__________ $__________

18 Storm Sewer, C76 Cl III, 12 inch Ft 90 $__________ $__________

19 HMA, 3EL Ton 764 $__________ $__________

20 HMA, 5EL Ton 764 $__________ $__________

21 Driveway, Nonreinf Conc, 6 inch Syd 440 $__________ $__________

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22 Curb and Gutter, Conc, Det F4 Ft 3635 $__________ $__________

23 Valley Gutter, Conc Ft 70 $__________ $__________

24 Detectable Warning Surface Ft 68 $__________ $__________

25 Sidewalk, Conc, 4 inch Sft 15030 $__________ $__________

26 Curb Ramp, Conc, 6 inch Sft 1280 $__________ $__________

27 Mailbox, Relocate Ea 18 $__________ $__________

28 Minor Traf Devices Lsum 1 $__________ $__________

29 Traf Regulator Control Lsum 1 $__________ $__________

30 Slope Restoration, Non-Freeway, Type B Syd 2406 $__________ $__________

31 Hydrant, Rem Ea 2 $__________ $__________

32 Valve and Box, Rem Ea 1 $__________ $__________

33 Gate Box, Adj, Temp, Case 1 Ea 2 $__________ $__________

34 Water Main, 8 inch Ft 1830 $__________ $__________

35 Water Service, Copper, 1 inch (Main to Curb Box) Ft 630 $__________ $__________

Water Service, Copper, 1 inch (Curb Box to Meter), Allowance Ft 450 $__________ $__________

37 Plumbing Allowance for Lead Service Replacement Lsum 1 $__________ $__________

38 Water Main, 6 inch Ft 22 $__________ $__________

39 Curb Stop and Box on Water Service, 1 inch Ea 15 $__________ $__________

40 Valve and Box, 8 inch Ea 13 $__________ $__________

41 Reconnect Existing 1 inch Water Service Ea 15 $__________ $__________

42 Connect to Ex. 8 Water Main, Main St. Ea 1 $__________ $__________

43 Connect to Ex. 6 Water Main, Alley Ea 1 $__________ $__________

44 Connect to Ex. 4 Water Main, Dibble & Dayton Ea 2 $__________ $__________

45 Connect to Ex. 6 Water Main, Railroad Ea 1 $__________ $__________

46 Connect to Ex. 6 Water Main, Fremont Ea 1 $__________ $__________

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47 Tee, 8 inch x 8 inch x 8 inch Ea 4 $__________ $__________

48 Tee, 8 inch x 8 inch x 6 inch Ea 6 $__________ $__________

49 Valve and Box, 6 inch Ea 1 $__________ $__________

50 Bend, 45 Degree, 8 inch Ea 25 $__________ $__________

51 Bend, 11 Degree, 8 inch Ea 2 $__________ $__________

52 Bend, 22 Degree, 8 inch Ea 1 $__________ $__________

53 Reducer, 8 inch x 6 inch Ea 2 $__________ $__________

54 Reducer, 8 inch x 4 inch Ea 2 $__________ $__________

55 Hydrant Assembly Ea 4 $__________ $__________

56 Bend, 45 Degree, 6 inch Ea 2 $__________ $__________

57 Sanitary Sewer, Heavy Clean & Televise, 8 inch Ft 740 $__________ $__________

58 Cured In-Place Pipe Liner, 8 inch Ft 740 $__________ $__________

59 Clearing Acre 0.14 $__________ $__________

60 Abandon and Fill Underground Utilities Ft 2000 $__________ $__________

61 Pavt Mrkg, Polyurea, 4 inch, White Ft 175 $__________ $__________

62 Pavt Mrkg, Polyurea, 4 inch, Yellow Ft 2915 $__________ $__________

63 Pavt Mrkg, Polyurea, 6 inch, Crosswalk Ft 432 $__________ $__________

64 Pavt Mrkg, Polyurea, 24 inch, Stop Bar Ft 75 $__________ $__________

65 Sign, Type IIIA Sft 126.5 $__________ $__________

66 Post, Steel, 3 pound Ft 245 $__________ $__________

Total Base Bid $__________

ARTICLE 2-MATERIAL AND EQUIPMENT ALTERNATES

The Contract Documents stipulate that the Base Bid price shall include materials and equipment selected from the designated items and manufacturers listed therein. This is done to establish uniformity in bidding and to establish standards of quality for the items named.

If the BIDDER wishes to quote alternate items for consideration by the OWNER, he may do so under this Article. A complete description of the item and the proposed price differential are to be provided. Unless approved at the time of

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2/27/2024 222158 award, substitutions, where items are specifically named, will be considered only in accordance with the terms set forth in the General Conditions.

Add/Deduct Item No. Description Amount (Dollars)

ARTICLE 3-TIME ALTERNATE

If the BIDDER takes exception to the time(s) stipulated in Article 3 - Contract Time of the Agreement, he is requested to stipulate below his proposed time for performance of the Work. Consideration will be given to time in evaluating bids.

ARTICLE 4-SUBCONTRACTOR LISTING

Bid is submitted on the basis of the use of the following Subcontractors:

WORK ITEM FIRM CITY

Please note if work is to be performed by BIDDER. Failure to list Subcontractors with the Bid waives BIDDER'S rights to a change in Contract Time or Price or withdrawal of Bid and Bid Security; in the event OWNER has reasonable objection to any Subcontractor.

OWNER shall have the right to reject any Subcontractor for reasonable cause. If Subcontractors are not identified in the Bid, the BIDDER/CONTRACTOR shall engage a Subcontractor acceptable to OWNER and waives the right to withdraw Bid and Bid Security, and further, waives right to a change in Contract Time or Price due to failure to list.

00 42 00.1

SECTION 00 42 00 PROPOSAL

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VILLAGE OF MIDDLEVILLE

HIGH STREET RECONSTRUCTION PROJECT

Village of Middleville 100 E. Main Street Middleville, MI 49333

Gentlemen:

ARTICLE 1-CONTRACT PRICE

Having carefully examined the site of the proposed Work; being fully informed of the conditions to be met in the prosecution and completion of the Work; having read and examined the Contract Documents applicable to this Work and agreeing to be bound thereby; the undersigned proposes to perform all services, and furnish all necessary labor, materials, tools, and equipment to complete the Work described in the Contract Documents for the amounts set forth in the accompanying Bid Form.

ARTICLE 2-CONTRACT TIME

If awarded a Contract, undersigned agrees to prosecute the Work regularly and diligently to ensure full completion within the Contract Time(s) indicated in the Agreement.

ARTICLE 3-LIQUIDATED DAMAGES

The undersigned agrees that liquidated damages, in the amount stipulated in the Agreement, shall be assessed for each day that expires after the completion time(s), stipulated in the Agreement, until the Work is complete.

ARTICLE 4 -BIDDER'S QUALIFICATIONS

The undersigned agrees to furnish, upon request, a list of projects of a similar nature completed in the last 3 years.

ARTICLE 5-WAIVER

The undersigned certifies the price(s) entered in the Bid Form are correct and complete and that all information given or furnished in connection therewith is correct, complete and submitted as intended. The undersigned waives any right to:

5.1 claims he may now have or which may accrue to him,

5.2 refuse to execute the Contract if awarded to him,

5.3 demand the return of the Bid Security,

5.4 be relieved from any obligation by reason of any errors, mistakes or omissions, subject to right of withdrawal of Bid as provided in the Instructions to Bidders.

ARTICLE 6-BID NON-COLLUSIVE

The undersigned certifies that this Proposal is fair, genuine and not collusive or sham, and has not in any manner, directly or indirectly, agreed or colluded with any other person, firm or association to submit a sham Bid, to refrain from bidding, or in any way to fix the amount of this Bid or that of any other BIDDER, or to secure any advantage against the OWNER. The undersigned further certifies that no officer or employee of the OWNER is personally or financially interested, directly or indirectly, in this Bid or in the undersigned.

ARTICLE 7-BID SECURITY

The undersigned encloses a Bid Security in the form and amount required by the Advertisement. The undersigned agrees to contract for the Work and to furnish the necessary Bonds, Insurance Certificates and other information, as stipulated in the Instructions to Bidders. If this Proposal shall be accepted by the OWNER and the undersigned shall fail to contract as aforesaid and to furnish the required Bonds, Insurance Certificates and other information, then the

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02/27/24 222158 undersigned shall be considered to have abandoned the Contract and the Bid Security accompanying this Proposal shall become due and payable to the OWNER.

ARTICLE 8-OWNERS' RIGHTS

In submitting this Bid, it is understood that the right is reserved by the OWNER to accept any Bid, or reject any or all Bids, or to waive irregularities and/or informalities in any Bid and to make the award in any manner deemed in the best interest of the OWNER.

ARTICLE 9-RECEIPT OF ADDENDA

Receipt of Addenda __________________ through __________________ is acknowledged.

SIGNED THIS _______ DAY OF _________________________, 2024.

(Firm Name) (Signature)

(Street Address) (Name Printed)

(City, State and Zip) (Title)

(Telephone No.)

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LEGAL STATUS OF BIDDER: (Fill out appropriate form and cross out others.)

*Joint BIDDERS including:

Firm Name City State

We hereby authorize to sign the Bid on behalf of the firms listed:

Signature and Title Firm

Signature and Title Firm

Signature and Title Firm

*A Corporation, duly organized in good standing and doing business under the laws of the state of __________________________________, for whom ________________________ bearing the office title of ___________________________________ whose signature is affixed to this proposal, is duly authorized to execute contracts. If a foreign corporation, the BIDDER states this corporation is qualified to and will register in state in which project Work is located.

*A Partnership, all members of which with address are:

*An Individual whose name with address is:

00 50 00.1

SECTION 00 50 00 AGREEMENT

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This Agreement is dated the _______ day of ______________ 2024, by and between the Village of Middleville, hereinafter called OWNER, and _______________________________, hereinafter called CONTRACTOR.

OWNER and CONTRACTOR, in consideration of the mutual covenants set forth herein, agree as follows:

ARTICLE 1-WORK

CONTRACTOR shall complete the Work as specified or indicated in the Contract Documents, generally described as follows:

Village of Middleville 2024 High Street Reconstruction Project

ARTICLE 2-ENGINEER

The Work has been designed by the firm of Williams & Works, Inc., who will act as ENGINEER on the Work, unless Notice is otherwise given by the OWNER.

ARTICLE 3-CONTRACT TIME

3.1 The Work to be completed under this Contract shall be commenced immediately after receipt of a fully executed Contract and Notice to Proceed. The Notice to Proceed will be issued at the time of the contract signing.

3.2 The Work under this Contract shall commence after the Contract is signed, and a Notice to Proceed is issued. The CONTRACTOR will have one-hundred and seventeen (117) calendar days to complete the work, which shall be the Contract Time.

3.3 OWNER and CONTRACTOR recognize that time is of the essence of this Contract and that OWNER will suffer financial loss if the Work is not completed within the Contract Time(s) plus any extensions as provided for in the General Conditions. They recognize that the financial loss suffered by OWNER in the event that CONTRACTOR fails to complete the Work within the Contract Time(s) would be most difficult to determine accurately in any legal or arbitration proceedings. Instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages, but not as a penalty, CONTRACTOR shall pay OWNER Five Hundred Dollars ($1500.00) for each day of delay in the completion of the Work beyond the Contract Time(s)

3.4 CONTRACTOR agrees to pay, in addition to liquidated damages, expenses arising from failure to complete the Work within the Contract Time including expenses for engineering services, attorney's fees, technical services and administration costs.

ARTICLE 4-CONTRACT PRICE

4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Dollar amount ___________________________________________________.

4.2 The amount paid shall be equitably adjusted to cover changes in the Work ordered by the ENGINEER but not required by the specifications. Such increases or decreases in the Contract Price shall be determined by agreement between the OWNER and CONTRACTOR.

ARTICLE 5-PAYMENTS

5.1 CONTRACTOR will prepare and submit monthly and final payment requests in accordance with the General Conditions.

5.2 OWNER will make bi-weekly and final payments in accordance with the GENERAL CONDITIONS.

5.3 All monies not paid when due shall bear interest at the greater of the rate of 7% per annum, or the highest rate allowed by law.

ARTICLE 6-CONTRACT DOCUMENTS

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6.1 The complete Contract between OWNER and CONTRACTOR consists of the following Contract Documents:

Advertisement Instruction to Bidders Proposal Bid Form Bonds Agreement General Conditions Specifications Drawings Modifications

6.2 In resolving conflicts, errors and discrepancies, the Contract Documents shall be given precedence in the following order: Modifications, Agreement, Addenda, Supplemental Conditions, General Conditions, Specifications, Drawings, Advertisement, Instructions to Bidders, Proposal/Bid Form, and Bonds.

ARTICLE 7-MISCELLANEOUS

7.1 Terms used in this Agreement are defined in the General Conditions.

7.2 Neither party shall assign, in whole or in part, any of its rights or obligations, including any monies due, or to become due, under the terms of the Contract Documents without the written prior consent of the other party.

This paragraph shall not be construed to limit the powers vested in the OWNER under the General Conditions.

7.3 The OWNER and CONTRACTOR each binds itself, successors and assigns to the other party hereto in respect to all covenants, agreements, and obligations contained in the Contract Documents.

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

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IN TESTIMONY WHEREOF, the parties hereto have executed this contract in at least four (4) counterparts, each of which shall be deemed an original, the day and year first above written.

WITNESS CONTRACTOR

(Contractor)

By (Signature)

Title

WITNESS OWNER

Village of Middleville (Owner) Craig Stolsonburg

By (Signature)

Title Village Manager

APPROVED AS TO FORM:

OWNER's Attorney

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LEGAL STATUS OF CONTRACTOR: (Fill out appropriate form and cross out others.)

*A Corporation: The same officer shall not execute both the Agreement and this certificate, unless only one person occupies all corporation offices.

I, _________________________________________, certify that I am the ________________________________ of the corporation named as CONTRACTOR herein; that __________________________________, who signed this Agreement on behalf of the corporation, was then ______________________________________ of the corporation, that the Agreement was duly signed for and in behalf of the corporation by authority of its board of directors, and is within the scope of its corporate powers. If a foreign corporation, this corporation is qualified to and will register in state in which project Work is located.

___________________________________________ _________________________________________LS (Date) (Signature)

*A Partnership: The same officer shall not execute both the Agreement and this certificate, unless only one person occupies all partnership offices.

I, _________________________________________, certify that I am the _________________________________ of the partnership named as CONTRACTOR herein; that __________________________________, who signed this Agreement on behalf of the partnership, was then ______________________________________ of the partnership, that the Agreement was duly signed for and in behalf of the partnership by authority of its partners, and is within the scope of its partnership powers. If a foreign partnership, this partnership is qualified to and will register in state in which project Work is located.

___________________________________________ ________________________________________L.S.

(Date) (Signature)

*A Joint Venture: The same officer shall not execute both the Agreement and this certificate, unless only one person occupies all offices.

I, _______________________________________________certify that I am the ___________________________ of ________________________, a ________________________ engaged in a Joint Venture with _________________________, a ___________________________, pursuant to a Joint Venture Agreement dated _________________, 2024; that ____________________, who signed this Agreement on behalf of ___________________________, was then its _______________________, that this Agreement was duly signed for and in behalf of the Joint Venture in accordance with the Joint Venture Agreement and by authority of the members of the Joint Venture.

___________________________________________ _________________________________________LS (Date) (Signature)

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SECTION 00 61 10 PERFORMANCE BOND

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PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that _______________________________________________________ __________________________________________________________________________, as Principal, and ______________________________________________________________, a Corporation, organized and existing under the laws of the State of _____________________________, and duly authorized to transact business in the State of Michigan, as Surety, are held and firmly bound unto ________________________________, as obligee, and hereinafter called OWNER, in the just and full sum of __________________________________ Dollars ($________________) lawful money of the United States of America, for the payment whereof the Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above Principal has entered into a written Contract with the OWNER, dated the _______ day of _________________________________________________________________________________, 2024, for ___________________________________________ in accordance with plans and specifications prepared by Williams & Works, Inc., 549 Ottawa Avenue, N.W., Grand Rapids, Michigan, 49503 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if the same were entirely written herein.

NOW, THEREFORE, the conditions of this obligation are such, that if the said Principal shall in all respects well and truly keep and perform the said Contract, and shall pay all sums of money due or to become due, for any labor, materials, apparatus, fixtures or equipment furnished for the purpose of constructing the work provided in said Contract, and shall defend, indemnify and save harmless the OWNER against any and all liens, incumbrances, damages, demands, expenses, costs and charges of every kind except as otherwise provided in said Contract Documents, arising out of or in relation to the performance of said Work and the provisions of said Contract, and shall remove and replace any defects in workmanship or materials which may be apparent or may develop within a period for one year from the date of final acceptance, then this obligation shall be null and void; otherwise it shall remain in full force and effect;

AND PROVIDED, that any alterations which may be made in the terms of said Contract, or in the Work to be done under it, or any extension of time for the performance of said Contract, or any forbearance on the part of either party to the other, or the placing of an inspector or resident engineer thereon by the OWNER, shall not in any way release the Principal and Surety or either of them, their heirs, executors, administrators, successors or assigns from any liability hereunder; notice to the surety of any such alteration, extension or forbearance being hereby waived.

Signed and sealed this ________ day of ______________________________A.D., 2024

WITNESS: PRINCIPAL:

_________________________________ By ______________________________________(Seal)

_________________________________ By ___________________________________________

WITNESS: SURETY:

_________________________________ By ______________________________________(Seal)

Title __________________________________________

LOCAL ADDRESS OF AGENT FOR SURETY:

Street City State Zip Code

00 61 15.1

SECTION 00 61 15 PAYMENT BOND

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PAYMENT BOND

(under Act 213 of 1963)

KNOW ALL MEN BY THESE PRESENTS, that _______________________________________________________ _______________________________________________________________________, as Principal, and ______________________________________________________________, a Corporation, organized and existing under the laws of the State of _____________________________, and duly authorized to transact business in the State of Michigan, as Surety, are held and firmly bound unto the (City/Village/Township) of _______________, as obligee, and hereinafter called OWNER, in the just and full sum of ($______________) lawful money of the United States of America, or the payment whereof the Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above Principal has entered into a written Contract with the OWNER, dated the _____ day of _________________, 2024 for ______________________________ in accordance with plans and specifications prepared by Williams & Works Inc., 549 Ottawa Avenue N.W., Grand Rapids, MI 49503 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if the same were entirely written herein;

AND WHEREAS, this bond is given in compliance with subject to the provisions of Act. No. 213 of the Public Acts of Michigan, for the year 1963, as amended by subsequent acts to date.

NOW, THEREFORE, the condition of this obligation is that if the Principal and his Subcontractors shall make all payments as they become due and payable of all amounts owing to Subcontractors and to parties supplying labor or materials to the Principal or to his Subcontractors in the prosecution of the Work provided for in said Contract (intending to include herein all claimants as defined in Section 6 of Act 213 of 1963, as amended), then this obligation shall be void, otherwise the same shall be in full force and effect;

AND PROVIDED, that any alterations which may be made in the terms of said Contract, or in the Work to be done under it, or the giving by the party of the first part of said Contract, any extension of time for the performance of said Contract or any other forbearance on the part of either party to the other, shall not in any way release the Principal and the Surety or either of them, their heirs, executors, administrators, successors or assigns from any liability hereunder; notice to the Surety of any alterations, extensions of or of any forbearance being hereby waived.

Signed and sealed this ________ day of ______________________________A.D., 2024

WITNESS: PRINCIPAL:

_________________________________ By (Seal)

_________________________________ By _______________________________________

WITNESS: SURETY:

_________________________________ By (Seal)

Title _____________________________________

LOCAL ADDRESS OF AGENT FOR SURETY:

Street City State Zip Code

00 70 00.1

SECTION 00 70 00 GENERAL CONDITIONS

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ARTICLE 1-DEFINITIONS

Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof:

Act of God Unpredictable phenomenon of nature such as earthquake, flood or cyclone.

Addendum A document issued by ENGINEER prior to the receipt of bids which sets forth additional provisions, changes or clarifications of the Contract Documents.

Advertisement The notice published by OWNER to solicit Bids.

Affidavit of Completion A document which includes the CONTRACTOR's sworn statement that the Work has been completed in accordance with the Contract Documents and that labor and material men have been paid and the Surety's consent to final payment.

Agreement An instrument, signed by OWNER and CONTRACTOR covering the Work to be performed and setting forth the Contract Time, the Contract Price and other matters.

Allowance A fixed sum stipulated in the Contract Documents, to be used in total or in part, as determined by the OWNER, for a specific service, product or group of products to be furnished by CONTRACTOR. All cash allowances shall be included in the Contract Price.

Bid The offer of the BIDDER submitted on the prescribed forms setting forth the conditions under and prices for which the Work will be performed.

Bid Documents The Bid and additional documents required to be submitted with the Bid as set forth in the Instructions to Bidders.

BIDDER Any person, firm, joint venture or corporation submitting a Bid for the Work.

Bid Security Bid Bond or other instrument of security furnished by BIDDER.

Bonds Bid, Performance and Payment Bonds furnished by CONTRACTOR.

Bulletin A document issued by ENGINEER which clarifies and interprets the Contract Documents or which directs minor changes or alterations in the Work not involving extra cost.

Certificate of Completion Notice from ENGINEER to OWNER that the Work has been completed and establishing a one year bonded correction period.

Change Order An order to CONTRACTOR signed by OWNER authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time or both, issued after execution of the Agreement.

Construction Schedule The timetable outline of CONTRACTOR's sequence of operations.

Contract The agreement between OWNER and CONTRACTOR set forth in the Contract Documents.

Contract Documents The Agreement and all related documents as identified in the Agreement.

Contract Price The total moneys payable to CONTRACTOR for the Work.

Contract Time The stated date or number of days for the completion of the Work.

CONTRACTOR The person, firm, joint venture or corporation with whom OWNER has executed the Contract.

Day Calendar day of 24 hours from midnight to the next midnight.

Defective Work Work that does not conform to the requirements of the Contract Documents and damaged Work.

Drawings The Drawings prepared or approved by ENGINEER and approved by OWNER, which show the character and scope of the Work to be performed.

Effective Date of Contract The date shown in the Agreement.

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ENGINEER The designated representative of the OWNER.

General Requirements The Sections of Division 1 of the Specifications.

Inspect, Inspection, Inspector Observe the work of the CONTRACTOR as it relates to implementing CONSULTANT�s plans, specifications, reports, and other instruments of professional service. An inspector has no authority or responsibility to direct any construction workers, and may not stop the work. An inspector is not responsible for the means, methods, sequences, or operations of construction, or safety procedures attendant thereto.

Insurance Certificate The documents issued by CONTRACTOR's insurer listing policies and extent of coverage applicable to the Work.

Liens Claims, security interests, and encumbrances.

Modification (a) An amendment of the Contract Documents signed by both parties, (b) a Change Order, or (c) Bulletin. A Modification may only be issued after the Effective Date of the Contract.

Notice A written communication between the parties specifically called for by the Contract Documents.

Notice of Award The Notice by OWNER to BIDDER that BIDDER has been awarded the Contract.

Notice of Termination Notice from OWNER to CONTRACTOR terminating services of the

CONTRACTOR.

Notice to Proceed A Notice by ENGINEER to CONTRACTOR fixing the date on which the Contract Time will commence and on which CONTRACTOR shall start the Work.

OWNER The public body or authority, corporation, association, partnership, or individual with whom CONTRACTOR has entered into the Contract and for whom the Work is to be performed.

Partial Completion For the Work that is being constructed in phases, Partial Completion is Substantial Completion of a defined portion of the Work. Partial Completion is reached whenever the defined portion of the Work is ready for use by OWNER.

To be considered partially complete, use must not be prevented by other activities of CONTRACTOR. When use is delayed by factors that are beyond CONTRACTOR's control, the designated portion of the Work shall be considered partially complete.

Partial Utilization Partial Utilization is placing a portion of the Work or facility in service for the purpose for which it was intended or for a related use before reaching Partial Completion or Substantial Completion.

Planholders of Record Parties recorded by ENGINEER as having received a copy of Contract Documents and a separate set of Bid Documents and as making required deposit therefor, under their own name.

Product Materials, systems, and equipment incorporated or to be incorporated in the Work.

Product Data Catalog data, illustrations, standard schedules, performance charts, instructions, and other information prepared by manufacturer or supplier.

Project Work and other related facilities of the OWNER.

Project Manual The volume or volumes containing the bidding information, schedules, equipment uses, page-size details, and the Contract Documents for the Work except large drawings and modifications.

Proposal The document which forms a portion of the Bid.

Provide Furnish and install.

Resident Project Representative The authorized representative of ENGINEER who is assigned to the Work site or any part thereof.

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Schedule of Values The breakdown of the Bid into component parts aggregating the total Bid.

Shop Drawings All drawings, diagrams, illustrations, schedules and other data specifically prepared by CONTRACTOR, a Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate the equipment, material or some portion of the Work.

Site The location(s) where the Work is to performed.

Specifications Those portions of the Contract Documents consisting of technical descriptions of materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative details applicable thereto, specifically Divisions 1 through 16.

Subcontractor An individual, firm, joint venture or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site.

Substantial Completion The stage in construction when the Work can be utilized for the purposes for which it was intended. At Substantial Completion, minor items and items that are seasonally restricted need not be completed, but the items that affect operational integrity and function of the Work must be capable of continuous use.

Supplier Firm providing products to CONTRACTOR.

Surety A company which provides a Bond.

Work The entire completed construction and the various separately identified parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor, and furnishing and incorporating Products into the construction as required by the Contract Documents.

ARTICLE 2-PRELIMINARY MATTERS

COPIES OF DOCUMENTS

2.1 OWNER will furnish CONTRACTOR up to 10 copies of the Contract Documents. Additional copies will be furnished, upon request, as ENGINEER determines are necessary for execution of the Work. Copies requested beyond these limits are available at the cost of reproduction.

CONTRACTOR'S REPRESENTATION

2.2 By executing the Agreement, CONTRACTOR represents that CONTRACTOR has visited the Site and assumes full responsibility for being familiar with the nature and extent of the Contract Documents, Work, locality, local conditions and availability of manpower, materials and machinery that may in any manner affect the Work to be done, the Contract Price or the Contract Time.

CONTRACT TIME

2.3 The Contract Time will commence on the day indicated in the Notice to Proceed; but in no event shall the Contract Time commence later than the later of 30 days after the time stipulated for Bids to remain firm or 30 days after the Effective Date of Contract.

2.4 The date of beginning and the Contract Time for completion of the Work are essential conditions of the Contract Documents. Time requirements are for the benefit of OWNER, CONTRACTOR and other Project Contractors.

2.5 CONTRACTOR shall proceed with the Work at a rate of progress to ensure completion within the stipulated Contract Time. It is expressly agreed by CONTRACTOR that the Contract Time is reasonable, taking into consideration the average climatic and economic conditions and the availability of manpower, products, and construction machinery prevailing at the locality of the Work.

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BEFORE STARTING THE WORK

2.6 CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all figures shown thereon and all field measurements. CONTRACTOR shall, within 48 hours, report to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover before proceeding with the Work.

2.7 CONTRACTOR shall submit to the ENGINEER:

Construction Schedules;

Schedule of Values; and Schedule of Shop Drawings, Product Data and samples submittals.

2.8 A preconstruction meeting will be held to review the Construction Schedules, to establish procedures for handling Shop Drawings and other submissions and for processing payments, and to establish working relationships between the parties.

STARTING THE WORK

2.9 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences.

2.10 CONTRACTOR shall attend a progress meeting a minimum of once each month at a time and place designated by the ENGINEER.

ARTICLE 3-CONTRACT DOCUMENTS INTENT

GENERAL

3.1 It is the intent that the Contract Documents comprise the entire agreement between OWNER and CONTRACTOR and may be altered only by a Modification.

3.2 All communications between OWNER, CONTRACTOR, and ENGINEER intended to affect or modify any of the terms or obligations contained in the Contract Documents shall be in writing in order to be valid.

Communications intended to affect or modify the Contract Documents include the following terms: claim, submission, notice, request, acceptance, report, objection, order, consent, advise, communicate, communications, certify, authorize, authorization, issue, or like terms.

3.3 No oral order, objection, claim or notice by OWNER, CONTRACTOR or ENGINEER shall affect or modify any of the terms or obligations contained in the Contract Documents.

3.4 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. In resolving conflicts, errors and discrepancies, the documents shall be given precedence in the order stipulated in the Agreement. Detailed drawings shall govern over general drawings. Any Work that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which, so applied, have a well-known technical or trade meaning shall be deemed to refer to such recognized standards or meanings.

3.5 The Contract Documents shall be governed by the law of the place of the Work.

REUSE OF DOCUMENTS

3.6 Neither CONTRACTOR nor any Subcontractor, manufacturer, fabricator, supplier or distributor shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents or copies thereof prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER.

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ARTICLE 4-LANDS AND CONTROLS

GENERAL

4.1 OWNER will, upon request, furnish to CONTRACTOR copies of all available boundary surveys and subsurface tests.

AVAILABILITY OF LANDS

4.2 OWNER will furnish, not later than CONTRACTOR's Construction Schedule starting date, the lands or rights-of-way upon which or within which the Work is to be performed, rights-of-way for access thereto, and lands designated for the use of…