Peters Ave Orchard to Chalmers Pavement Reconstruction.pdf

City of Warren Public Service Department

Engineering Division One City Square Suite 300

Warren, Michigan 48093-2390

P: (586) 759-9300

F: (586) 759-9318

PETERS AVE

ORCHARD TO CHALMERS

PAVEMENT RECONSTRUCTION

City Contract P-26-872

(ITB-W-1941)

Tina G. Gapshes, P.E.

City Engineer

Engineering Division One City Square, Suite 300

Warren, Michigan 48093-2390 P: (586) 759-9300

MAYOR

Lori M. Stone

CLERK TREASURER

Sonja Buffa Lorie Barnwell

CITY COUNCIL

Gary Boike

David Dwyer

Jonathan Lafferty

Melody Magee

Mindy Moore

Henry Newnan

Angela Rogensues

INDEX

City Project P-26-872 (ITB-W-1941) Peters Ave (Orchard to Chalmers)

Pavement Reconstruction

Advertisement ………… AD1 – AD2 Instruction to Bidders ………… IB1 – IB7 Pricing Sheet ………… P1 – P2 Contract ………… C1 - C10 Bonds:

o Performance Bond ………… PB1 - PB2 o Labor, Material and Equipment Rental Bond ………… LMB1 - LMB2 o Maintenance and Guarantee Bond ………… MGB1 - MGB3

Liability Insurance Documents o Certificate of Liability Insurance ………… 1 – 2 o Insurance Binder ………… 1 – 3

Specifications o General Conditions ………… GC1 – GC30 o Concrete Curb and Gutter ………… CCG1 – CCG4 o Concrete Paving ………… CP1 – CP23 o Open Cut Sewer ………… OC1 – OC10 o Open Cut Sewer Material ………… SM1 – SM4 o Sidewalk and Drive Approaches ………… SW1 – SW43 o Sprinkler Systems ………… SP1 – SP2 o Turf Restoration ………… TR1 – TR8 o Utility Trench Backfill Compaction ………… UT1 – UT13

Supplemental Specifications ………… SS1 – SS20 Appendix o Specifications for the HDPE Adjusting Rings ………… 1 – 2 o Structure Seal Specifications ………… 3 – 4 o External Manhole System ………… 5 o Detectable Tactile System Specifications ………… 6 – 14 o M.D.O.T. Sidewalk Ramp & Warning Details ………… 15 – 22 o Traffic Control Typical Standards and Details ………… 23 – 30 o City of Warren Standard Details ………… 31 – 42 o Community Development Block Grant General Conditions ………… 43 – 50 o General Wage Decision ………… 51 – 124 o Federal Labor Standards Provisions ………… 125– 135 o Section 3 Forms ………… 136 – 146

PUBLIC SERVICE DEPARTMENT

ENGINEERING DIVISION

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ADVERTISEMENT

The CITY OF WARREN, MACOMB COUNTY, MICHIGAN will receive electronic proposals for City Project P-26-872, Peters Ave Pavement Reconstruction (Orchard to Chalmers), ITB W-1941.

The scope of the project includes the reconstruction of concrete pavement along Peters Avenue between Orchard and Chalmers. This includes replacing drive approaches, sidewalks, A.D.A.

ramps, edge drain installation, and minor catch basin repairs, and related restoration as necessary.

This project is being assisted with Federal funds made available to the City of Warren through the Community Development Block Grant (CDBG) program. All laborers and mechanics employed or working on this project shall be paid wages and bona fide fringe benefits (or cash equivalent thereof) at rates not less than those in General Wage Decision Number MI20260001 Mod 3 Published on June 25, 2026. This wage decision is being provided as a courtesy and any changes prior to bid opening will be posted as an addendum.

The Contractor shall furnish all materials, labor and equipment necessary and incidental to complete the Work as set forth in this bid advertisement in accordance with the City of Warren standards. These principal items include, but are not limited to:

QUANTITY UNIT ITEM DESCRIPTION

1,890 Syd Pavement, Rem

1,433 Syd Concrete Pavement, 7 inch, w/ Integral Curb, Nonreinf

402 Syd Concrete Pavement, 8 inch, w/ Integral Curb, Nonreinf

1,835 Syd Aggregate Base, 8 inch, CIP, 21AA

The City of Warren requires that all contractors and subcontractors employed on this project, pay prevailing wages as listed in the most current prevailing wage survey of the Michigan Department of Licensing and Regulatory Affairs, Wage and Hour Program.

To be considered for award, the bidder must submit their bid electronically via BidNet (MITN) procurement system at www.bidnetdirect.com. Bids will be received electronically until 12:30 p.m., local time, Wednesday, August 26, 2026. No bids will be received after this time and date. Copies of plans and specifications may be downloaded from the BidNet (MITN) procurement system at www.bidnetdirect.com, starting on August 12, 2026.

Bids will be read aloud at 1:00 p.m., local time, via Zoom teleconference at www.zoom.us. Zoom information is listed below:

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Join Zoom Meeting https://cityofwarren.zoom.us/j/84272484069?pwd=QNtdtesLsTuaes5vubePi5CCHeicK6.1 Meeting chat link https://cityofwarren.zoom.us/launch/jc/84272484069 Meeting ID: 842 7248 4069 Passcode: 923374 One tap mobile +13126266799,,84272484069#,,,,*923374# US (Chicago)

+16469313860,,84272484069#,,,,*923374# US

Join by SIP

• 84272484069@zoomcrc.com

For technical questions regarding the BidNet site, please contact the BidNet help desk at (800)835-4603 and choose option 2.

Each bid must be accompanied by a five percent (5%) Bid Bond or Certified Check as security for acceptance of the Contract. A pdf version of this bid bond or certified check must be included in the bid. The original bid bond or check must be submitted prior to recommendation for award of bid.

The successful bidder will be required to furnish the required bonds, public liability and property damage insurance, and Workmen’s Compensation Insurance.

The City reserves the right to reject any or all bids and to waive any irregularities in bidding. The City also reserves the right to select multiple bids to fulfill the requirements of this project. No bid may be withdrawn after the scheduled closing time for receiving bids for at least sixty (60) days.

Lori M. Stone, Mayor

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INSTRUCTIONS TO BIDDERS

INDEX

1. Receipt and Opening of Bids

2. Title VI Non-Discrimination

3. Preparation of the Pricing Sheet

4. Bid Security

5. Liquidated Damages for Failure to Enter Into the Contract

6. Security for Faithful Performance

7. Power of Attorney

8. Scope of Work

9. Construction Conditions

10. Addendums and Explanations

11. Name, Address and Legal Status of the Bidder

12. Competency of the Bidder

13. Disqualification of Bidders

14. Subcontract Provisions

15. Basis of the Pricing Sheet

16. Increase or Decrease of Quantities

17. Method of Award

18. Time for Completion and Liquidated Damages

P-26-872 Peters Ave Pavement Reconstruction (Orchard to Chalmers)

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1. RECEIPT AND OPENING OF BIDS

The City of Warren, Macomb County, Michigan invites bids electronically at BidNet (MITN) procurement system at www.bidnetdirect.com for Contract P-26-872, Peters Ave Pavement Reconstruction (Orchard to Chalmers) (ITB-W-1941) (this/the “Contract”). Bids will be received electronically online until 12:30 p.m., local time, Wednesday, August 26, 2026. Copies of plans and specifications may be downloaded from the BidNet (MITN) procurement system at www.bidnetdirect.com, starting on August 12, 2026. For technical questions regarding the BidNet site, please contact the BidNet help desk at (800)835-4603 and choose option 2.

2. TITLE VI NON-DISCRIMINATION

The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d to

2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

3. PREPARATION OF THE PRICING SHEET

All Pricing Sheets must be electronically completed and submitted via the BidNet (MITN) procurement system at www.bidnetdirect.com. Furthermore, the total construction cost from the Pricing Sheet must be entered as a lump sum price in the BidNet (MITN) system pricing section.

No other forms of submittal will be accepted.

The Pricing Sheets received will be compared on the basis of the summation of the lump sum amounts bid and the products of the quantities of items listed at the unit prices bid. In the case of discrepancy between the total shown in the Pricing Sheet and that obtained by adding the products of the quantities of items at the unit prices, the unit prices in the Pricing Sheet shall govern and any errors found in products, and in the addition, will be corrected.

Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered.

No bidder may withdraw a bid within 60 days after the actual date of the opening thereof.

4. BID SECURITY

Each bid must be accompanied by a pdf copy of either a certified check of the bidder, or a bid bond duly executed by the bidder as principal and having as surety thereon a surety company approved by the City, in the amount of 5% of the bid. This bid bond serves as a guarantee on the part of the bidder that he/she will, if called upon to do so, enter into the attached Contract, do the work covered by the Contract documents, honor the prices stated in the submitted Pricing Sheet, and furnish acceptable surety for its faithful and entire fulfillment. Such checks or bid bonds will be returned to all except the three (3) lowest bidders within seven (7) days after the opening of bids. The remaining checks or bid bonds will be returned promptly after the City and the accepted bidder have

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executed the Contract. If no award has been made within seven (7) days after the opening of bids, the remaining checks or bid bonds will be returned promptly after the City and the accepted bidder have executed the Contract, or, if no award has been made within ninety (90) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid.

5. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO THE CONTRACT

The Contract shall be deemed as having been awarded when the City has duly served formal notice of the award upon the bidder.

The bidder to whom the Contract shall have been awarded will be required to execute five (5) copies of the Contract in the form attached hereto, and furnish surety and insurance certificates, all as required. In case of the bidder’s refusal or failure to do the aforementioned within ten (10) days of the award, the bidder will be considered to have abandoned all rights and interests in the award, and the bid deposit may be declared forfeited to the City as liquidated damages. The Contract award may then be made to the next best qualified bidder or the work re-advertised as the City may elect.

6. SECURITY FOR FAITHFUL PERFORMANCE

The bids shall be accompanied by a letter from a surety company, its content and form being satisfactory to the City, stating that the necessary bonds will be furnished to the Contractor bidding in the event they are the successful bidder.

The successful contractor will be required to furnish the following guaranty bonds:

a. The Contractor shall furnish a surety bond in an amount at least equal to 100% of the Contract price as security for faithful performance of this Contract.

b. The Contractor shall furnish a separate surety bond in an amount at least equal to 100% of the

Contract price as security for payment of all persons performing labor, furnishing materials, and renting equipment in connection with this Contract.

c. The Contractor shall furnish a maintenance and guarantee bond in an amount at least equal to

100% of the Contract price.

Premiums for the performance bond described above shall be paid by the Contractor. A certificate from the surety showing that the bond premium is paid in full shall accompany the bonds.

The approved bond form shall be utilized and executed by a duly authorized surety company satisfactory to the City.

7. POWER OF ATTORNEY

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

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8. SCOPE OF WORK

The work under this Contract shall consist of the items contained in the Pricing Sheet, including all incidentals necessary to fully complete the project in accordance with the contract Documents.

9. CONSTRUCTION CONDITIONS

Each bidder shall visit the site of the work and fully acquaint themselves with conditions relating to construction and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the drawings and specifications.

It is also expected that the bidder will obtain information concerning the available facilities for receiving, transporting, handling and storing construction equipment and materials and concerning other local conditions that may affect this work.

The failure or omission of any bidder to receive or examine any form, instrument, addendum or other document, or to visit the site and acquaint themselves with existing conditions shall in no way relieve the contractor from any obligation with respect to their bid or to the Contract.

The Contractor, as such and as bidder, shall make their own determination as to soil conditions and shall assume all risk and responsibility and shall complete the work in whatever material and under whatever conditions they may encounter or create, without extra cost to the City.

The bidder’s attention is directed to the fact that all applicable State laws, municipal ordinances, and rules and regulations of all governing authorities having jurisdiction over construction of the project, shall apply to the Contract throughout, and will be deemed to be included in the Contract the same as though herein written out in full.

10. ADDENDUMS AND EXPLANATIONS

No verbal answers to inquiries regarding the meaning of the drawings or specifications or verbal instructions previous to the award of the Contract will be given. Any verbal statements regarding same by any person, previous to the award, shall be unauthoritative.

Explanations desired by bidders shall be requested of the City in writing.

If explanations are necessary, a reply will be made in the form of an addendum. Every request for such explanation shall be in writing addressed to the City Engineer at One City Square, Suite 300, Warren, Michigan 48093-2390.

Addendums issued to bidders prior to the date of receipt of bids shall become a part of the specification, and all contract documents shall include the work described in the Addendums.

Any inquiry received before 12:00 Noon local time on Friday, August 21, 2026 will be given consideration.

Any and all such interpretations and any supplemental instructions will be in the form of written

Addendums which, if issued, will be electronically posted on the bid procurement website BidNet (MITN) at www.bidnetdirect.com.

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The prospective Bidder shall be responsible for obtaining any Addendums that may be issued.

Failure of any bidder to receive any such Addendum shall not relieve such bidder from any obligation under his bid as submitted.

11. NAME, ADDRESS AND LEGAL STATUS OF BIDDER

To be considered for award, the bidder must submit a Pricing Sheet electronically via Bidnet (MITN) procurement system at www.bidnetdirect.com.

Submittal of Pricing Sheet signifies that the bidder agrees to all terms and conditions of this bid’s contract documents. The bidder also must answer the Questions for Vendors section.

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.

Any person(s) submitting and signing as an agent of another or others shall submit with their bid legal documentation showing authority to do so.

12. COMPETENCY OF THE BIDDER

The reading of the bid shall not be construed as an acceptance of the bidder as a responsible bidder. The City reserves the right to determine the responsibility of a bidder from its knowledge of the bidder’s qualifications or from other sources.

In the event that the City shall require certified supporting data regarding the qualifications of the bidder in order to determine whether the bidder is a responsible bidder, the bidder will be required to furnish the following information sworn to under oath by him/her.

a. The bidder’s performance record with listing of work of a similar character and proportions which he has constructed, giving the name of the Owner, date built, and construction cost.

b. A tabulation of other work now under contract, giving the location, type, size, required date of completion and the percentage of completion to date of each job.

c. An itemized list of the bidder’s equipment available for use on the proposed contract.

d. A listing of the major parts of the work which are proposed to be sublet.

e. The bidder’s certified financial statement, dated within sixty (60) days prior to the opening of bids. The City may require that any items of such statements be further verified.

f. Evidence that the bidder is licensed to do business in the State of Michigan, in case of a corporation organized under the laws of any other State, the name and address of the resident agent must be provided.

g. A construction schedule for the portion of the contract for which he/she is under award consideration based on starting construction within ten (10) days after receiving “Notification to Proceed.”

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h. Such additional information as will satisfy the City that the bidder is adequately prepared, responsible, and competent to fulfill the Contract.

13. DISQUALIFICATION OF BIDDERS

Any one or more of the following causes may be considered sufficient for the disqualification of a bidder and the rejection of a bid or bids:

a. Evidence of collusion among bidders.

b. Lack of competency as revealed by either financial experience or plant equipment statements as submitted.

c. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress.

d. Uncompleted work under other contracts, which, in the judgment of the City might hinder or prevent the prompt completion of additional work if awarded.

e. Being in arrears on existing contracts, in litigation with the City, or having defaulted on a previous contract.

14. SUBCONTRACT PROVISIONS

The Contractor may subcontract as stipulated in Part 16 of the General Conditions of the Contract.

However, the City reserves the right to request the Contractor to submit the name(s) and address(es) of the proposed subcontractors. Approval of any subcontractor will not be given unless and until it is determined by the City that they are qualified to bid on the type and magnitude of work proposed and shall have executed a subcontract in a form acceptable to the City.

The Contractor shall abide by the provisions set forth herein. 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.

Failure to submit a list of proposed contractors if requested by the City may be considered as sufficient reason for rejection of the bid.

15. BASIS OF THE PRICING SHEET

Bids are solicited on the basis of unit prices for each type of work and lump sums for special structures and unit prices for contingent items of additional work all as set forth in the form of Pricing Sheet. Pricing Sheets will be compared on the basis of the quantities stated therein and the prices offered for each item.

Alternates may have been included in the Pricing Sheet for the offering of prices for certain combinations of the various sections of the work.

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Prices may be offered for any or all alternates included as specified in the Special Conditions.

16. INCREASE OR DECREASE OF QUANTITIES

The quantities as shown in the Pricing Sheet may be approximate and are given only as a basis of calculation for comparing bids and awarding contracts. The City does not guarantee that the actual quantities involved will correspond with the estimate. Payment to the Contractor will be made only for the actual quantities of work performed in accordance with the plans and specifications.

The City Engineer reserves and shall have the right under the Contract to make such changes, from time to time, in the plans and in the quantities of work, as may be necessary or desirable to insure the completion of the work in the most satisfactory manner in accordance with the specifications.

In case a satisfactory adjustment in price cannot be reached for any such item, the City reserves the right to terminate the Contract as it applies to the item in question and make such arrangements as it may deem necessary to complete the work.

17. METHOD OF AWARD

If at the time this Contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the City as available to finance the Contract, the Contract will be awarded on the base bid only. If the bid exceeds such amount, the City may reject all bids or may award the Contract on the base bid combined with such deductible alternates applied in numerical order in which they are listed to produce a net amount which is within available funds.

The City reserves the right to accept any bids, to reject any or all bids, and to waive defects or irregularities in any Pricing Sheet. In particular, any alteration, erasure or interlineation of the Contract documents and of the Pricing Sheet shall render the accompanying Pricing Sheet irregular and subject to rejection by the City.

18. TIME OF COMPLETION AND LIQUIDATED DAMAGES

The bidder agrees to commence work under this contract on or before the date to be specified in the “Notice to Proceed” issued by the City and to fully complete the entire project within 90 consecutive calendar days thereafter. The Bidder further agrees to pay as liquidated damages the sum of $ 500.00 for each consecutive calendar day the project is not completed as provided in Part 38 of the General Conditions. In addition to liquidated damages, the Contractor will be responsible for the cost of crew days as stipulated in the Supplemental Specifications of the Contract.

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CONTRACT

THIS AGREEMENT, made and entered into this ____ day of __________________, 2026

(this/the “Contract”), by and between the CITY OF WARREN, a Michigan Municipal Corporation, with its primary office(s) located at One City Square, Warren, Michigan 48093 (the “City”), and

____________________. located at ______________________________________________

(the “Contractor”).

THEREFORE, upon mutual considerations described hereinafter, the Contractor and the

City (collectively the “Parties”) shall execute this Contract in five (5) counterparts, each of which shall be deemed an original, and hereby agree as follows:

ARTICLE I - THE WORK

The Contractor shall furnish all labor, materials, and equipment, and perform all of the work shown and called for on the Drawings and described in the Supplemental Specifications of City Contract as prepared by the City Engineer or designee, and shall comply with all provisions of the Contract.

The “Contract” is defined herein to include this document as well as the following: the Advertisement; Instructions to Bidders; Pricing Sheet; requisite Bonds; Drawings; Supplemental Specifications; General Conditions; and any other amendments, specifications, supplements agreed to by both Parties, all of the foregoing of which are incorporated herein by reference and made a part of this Contract.

It is agreed that the quantities of the anticipated concrete repairs can only be estimated and that the Contractor acknowledges and agrees that the City does not guarantee the amount of work that will be provided pursuant to this Contract.

ARTICLE II - TIME

Upon execution of this Contract, the Contractor shall begin work within 10 consecutive calendar days from the date of the Notice to Proceed and shall perform the work in such manner as to bring the entire work to completion within 90 Calendar Days, subject to timing exceptions that may be advanced in accordance with the provisions herein.

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The commencement date, rate of progress, and date of completion are considered essential elements of the Contract. Parts 37 and 38 of the General Conditions portion of this contract shall apply to issues of work progress and completion time.

If the Contractor is unavoidably delayed in commencing or fulfilling this Contract due to excessive storms or floods, Acts of Providence, general strikes, court injunction, alterations to original scope of work, or directive from the City to stop work because of any emergency or public necessity, the Contractor shall have no valid claim for damages on account of any cause or delay; but Contractor shall in such case be entitled to an extension of the above time limit herein, as the City Engineer shall adjudge to be just and reasonable; provided, however that formal claim for such extension shall be made in writing by the Contractor within 72 hours after the date upon which such alleged cause or delay shall have occurred.

ARTICLE III – WARRANTY

Contractor shall warrant to the City that materials and equipment furnished under this Agreement will be of good quality and new unless otherwise permitted by the Contract documents, that all construction and related services provided hereunder shall be performed in a good and workmanlike manner, that the work shall be free of defects not inherent in the quality required or permitted by industry standards for projects of a similar type, and that the work be performed in accordance with the Contract terms, conditions, and standards, as well as all applicable laws, codes, and regulations.

The work performed pursuant to this Contract shall remain under warranty for a term of three (3) years after the date of final payment. Upon receipt of written notice from the City, all defective work shall be repaired and/or replaced within seven (7) days, or within a reasonable time thereafter, provided Contractor proceeds diligently with the repair and/or replacement work.

Any/all warranty work shall be performed by the Contractor at no additional cost to the City.

ARTICLE IV – DIFFERING SITE CONDITIONS CLAUSE

In all improvement Contracts that exceed $75,000.00, if a surface or subsurface condition differs materially from those stated in this Contract, the Contractor shall promptly notify the City in writing before disturbing the physical condition of the property. If after prompt inspection by the City, any materially different condition increasing or decreasing the cost or time needed to perform the Contract is determined to exist, a written adjustment shall be made to modify the Contract. The Contractor will not be entitled to an adjustment if no notice of the materially differing condition is given in writing to the City, or if the Contractor has already received final payment under this Contract.

ARTICLE V - LIQUIDATED DAMAGES

It is expressly covenanted and agreed that response time is and shall be considered of the essence of the Contract. In the event that the Contractor shall fail to perform the entire work agreed to by or at the times herein mentioned or referred to in Article II, or within some other certain date subsequent to this to which the time limit for the completion of the work may have been advanced under the provisions of Article II, the Contractor shall pay unto the City as and for liquidated damages and not as a penalty, the sum of $500.00 for each and every calendar day

C-3 that the Contractor shall be in default. Said sum of $500.00 per calendar day, in view of the difficulty of estimating such damages with exactness, is hereby expressly fixed and agreed upon as the damages which will be suffered by the City for reason of such defaults. It is also understood and agreed that the liquidated damages herein before mentioned are in lieu of the actual damages arising from such breaches of this Contract, which said sums the City shall have the right to deduct from any monies in his hands otherwise due or to become due to the Contractor or to sue for and recover compensation for damages for non-performance of this Contract at the time stipulated herein and provided.

ARTICLE VI – CITY’S RIGHT TO COMPLETE

It is agreed that if at any time the Contractor should abandon the work; or should be adjudged as bankrupt, or if the performance of this Contract is being unnecessarily or unreasonably delayed;

or if the Contractor should make a general assignment for the benefit of creditors; or a receiver should be appointed on account of Contractor’s insolvency; or if the Contractor should persistently or repeatedly fail to supply enough properly skilled workmen or sufficient materials for the work;

or should habitually fail to make prompt payment to subcontractors or to pay promptly for materials and labor; or should persistently disregard laws or ordinances or the directions of the City Engineer; or should willfully and repeatedly violate any of the substantial provisions of this Contract, then in such case the City, after giving the Contractor and Contractor’s sureties written notice thereof, may order the Contractor to discontinue all work under this Contract, or any part thereof. Thereupon, the Contractor shall at once discontinue such work or such part thereof and shall cease to have any right to the possession of the ground. The City shall have the right to finish the work, or part thereof, by Contract or otherwise as it may elect, and for that purpose to take possession and make use of such materials, tools, building appliances and equipment as may be found upon the work, and to charge the cost and expense of such completion to the Contractor.

The Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, the amount of such excess shall be paid to the Contractor.

It is expressly stipulated and agreed that from and after the date of the order to discontinue work, and until such work shall have been finally completed by the City, neither the Contractor nor any of its agents or employees shall remove or make any effort directly or indirectly to remove any of the above mentioned materials, tools, building appliances or equipment from the points at which they were located on the date of said order, except upon the written consent of the City to do so.

It is further understood and agreed that the foregoing provisions of this article are without prejudice to any other right or remedy which the City may have under this Contract.

ARTICLE VII – TITLE VI NON-DISCRIMINATION PLAN

During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (collectively "the Contractor") agrees as follows:

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1. Compliance with Regulations: The Contractor shall comply with Regulations relative to non-discrimination in Federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time ("Regulations"), which are incorporated by reference and made a part of this Contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection, retention, and treatment of subcontractors, including procurements of materials in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contractor covers a program set for in Appendix B of the Regulations.

3. Solicitation for Subcontracts. Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under the Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish it, the Contractor shall certify to the State Highway Department or the Federal Highway Administration what efforts it made to obtain the information.

5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the non-discrimination provisions of this Contract, the City shall impose such sanctions as it or the Federal Highway Administration deem appropriate, including, but not limited to:

a. Withholding payments to the Contractor under the Contract until the Contractor complies; and/or

b. Cancellation, termination or suspension of the Contract, in whole or in part.

6. Incorporation of Provisions: The Contractor shall include provisions of paragraphs (1) through (6) in every subcontract, including procurement of material and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contactor shall take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the State Highway Department to enter into such litigation to protect the interests of the State, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

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ARTICLE VIII - ASSIGNMENT OF CONTRACT

It is agreed that the Contractor shall not assign or transfer this Contract or sublet any part of the work embraced in it, except with the written consent of the City to do so.

It is further agreed that all parts of the work which may be performed by a subcontractor shall be done in conformity with and be subject to all the provisions of the Contract documents exactly as if performed by the Contractor and his immediate employees and workmen. No subletting of the work shall in any way diminish or weaken the responsibility of the Contractor for all parts of the work or lessen his obligations and liabilities under this Contract. It is likewise agreed that the Contractor shall not assign, either legally or equitably, any of the monies payable to the Contractor under this Contract, or their claim thereto, except with the written consent of the City or to satisfy an unpaid claim.

ARTICLE IX - THE CONTRACT SUM

It is agreed that, in consideration of the faithful performance by the Contractor of work assigned by the City, under the terms of the Contract ________________________________________________________ consistent with the bid unit prices submitted by the Contractor specified in the Pricing Sheet, the amount paid to the Contractor for work done under the terms of this Contract shall not exceed _________________________________________________________ as approved by the City Council, based upon unit prices set forth in the Pricing Sheet.

Such an amount shall be modified by such sums for alterations as may have been determined under the provisions of the General Conditions herein, and diminished by such sums as the City may lawfully deduct and retain as liquidated damages under the provisions of Article IV of this Contract.

The Contractor shall submit written requests for monthly progress payments to the City Engineer by the 24th day of each month in accordance with Part 47 of the General Conditions portion of this Contract.

At about the close of each month the City Engineer will make an estimate of the amount and value of the work which has been satisfactorily done under this Contract during that month, or since the date of the last preceding estimate. Such estimate shall not be required to be made by strict measurement or with exactness, but may be made either wholly or in part by appraisement or estimation or by a consideration of accounts for labor and materials, and it shall be sufficient if it is approximate only. Any error or inaccuracy which may occur in any such progress estimate may be allowed for or corrected in any subsequent estimate.

It is agreed that before the Contractor shall demand partial or final estimates or payments, Contractor shall furnish to the City, if and when requested to do so, supported, if requested, by sworn statements, satisfactory evidence that all persons who have supplied labor, materials, or equipment for the work embraced under this Contract have been fully paid for the same; and that in case such evidence be not furnished as aforesaid, such sums as the City may deem necessary to meet the lawful claims of such persons may be retained by the City from any monies that may

C-6 be due or become due to the Contractor under this Contract until such liabilities shall be fully discharged and the evidence thereof be furnished to the City.

Each monthly progress payment request, including reasonable interest if requested in compliance with Public Act No. 524 of the Public Acts of 1980, shall be paid within one (1) of the following time periods, whichever is later:

a. Thirty (30) days after the City Engineer has certified that work is in place in the portion of the facility covered by the applicable request for payment in accordance with the Contract documents

b. Fifteen (15) days after the City has received the funds with which to make the progress payment from a department or agency of the Federal or State government, if any funds are to come from either of those sources.

Upon failure of the City to make a monthly progress payment, within the preceding time limits, the person designated by the Contractor to submit requests for progress payments may include reasonable interest on amounts past due in the next request for payment.

No progress estimate made or certified by the City Engineer and no partial payment made to the Contractor by the City shall be deemed or construed as an acceptance of any part of the work under this Contract. Any payment made to the Contractor by the City shall not release the Contractor from negligence or contractual liability on work performed.

As soon as practicable after the satisfactory completion of all work covered by this Contract, the City Engineer will make a final inspection of the work as a whole and will make up a final estimate of the total amount due the Contractor under the terms of the Contract. Upon the acceptance of the completed work, the City will pay to the Contractor the entire amount of such final estimate, less the sums previously paid and less such sums as the City may deem to be necessary to meet the undischarged obligations of the Contractor, for labor, materials or equipment furnished for the work. The Contractor shall file with the City a sworn statement that all claims for amounts due for labor, materials and equipment furnished for this work have been paid in full, or Contractor shall so file in lieu thereof, a sworn statement showing in detail the nature and amount of all unpaid claims for said labor, materials and equipment.

ARTICLE X - ANTICIPATED CONDITIONS AND WORK BY OTHERS

The Contractor further acknowledges that Contractor is not entitled to any additional compensation by reason of conditions being different from those anticipated or by reason of Contractor’s failing to fully acquaint itself with the site, the conditions, and the work now in place or on account of interference by the City or by any other Contractor’s activities which affect the work of this Contract.

ARTICLE XI - MISCELLANEOUS

The Contractor acknowledges that Contractor has not received or relied upon any representations or warranties of any nature whatsoever from the City of Warren, its agents or employees, and that this Contract is entered into solely upon the Contractor’s own independent business judgment.

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IN WITNESS HEREOF, the City of Warren and _______________________________________ by and through their duty authorized officers and representatives, have executed this Contract as of the date set forth herein.

Dated: , 2026.

WITNESS: CITY OF WARREN,

a Michigan Municipal Corporation

_______________________________________ By:

(WITNESS) Lori M. Stone, Mayor

(PRINT NAME)

(WITNESS) Sonja Buffa, City Clerk

STATE OF MICHIGAN )

) ss.

COUNTY OF MACOMB )

The foregoing instrument was acknowledged before me this ______________ day of

_________________, 2026, by Lori M. Stone the Mayor and Sonja

Buffa the City Clerk , of the City of Warren, a Michigan Municipal Corporation.

Notary Public __________________County, Michigan

My commission expires:

Approved as to Form:

(Attorney)

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WITNESS: CONTRACTOR

(WITNESS SIGNATURE) Name:

_______________________________________ Title:

(WITNESS SIGNATURE) Name:

_______________________________________ Title:

STATE OF MICHIGAN )

) ss.

COUNTY OF )

The foregoing instrument was acknowledged before me this ____________ day of

, 2026, by (name) the (title) and (name) the (title) of (company) on behalf of the (company) .

__________________County, Michigan

My commission expires:

I FURTHER CERTIFY THAT the following persons are the officers of the Company holding the indicated office:

I FURTHER CERTIFY THAT any of the aforementioned officers of the Company are authorized to execute and commit the Company to the conditions, obligations and stipulations contained in the attached Contract and that all necessary corporate authorizations have been obtained.

IN WITNESS HEREOF, I have signed this on __ day of _____ , 2026.

President

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INSTRUCTIONS FOR EXECUTING CONTRACT

If the Contractor is a Corporation, the following certificate should be executed:

I, ______________________________________________________________, certify that I am the _______________ Secretary of the Corporation named as Contractor hereinabove; that who signed the foregoing Contract on behalf of the Contractor, was then of said Corporation; that said Contract was duly signed for and on behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers.

(Corporate Seal)

If the Contract be signed by the Secretary of the corporation, the above certificate should be executed by some other officer of the Corporation under the Corporate Seal. In lieu of the foregoing certificate, there may be attached to the Contract copies of so much of the records of the Corporation as will show the official character and authority of the officers signing, duly certified by the Secretary or Assistant Secretary under the Corporate Seal to be true copies.

The full name and business address of the Contractor should be inserted, and the Contract should be signed with his official signature. Please have the name of the signing party or parties typewritten or printed under all signatures to the Contract.

If the Contractor should be operating as a partnership, each partner should sign the Contract. If the Contract is not signed by each partner, there shall be attached to the Contract a duly authenticated Power of Attorney evidencing the signer’s (signers’) authority to sign such Contract for and on behalf of the partnership.

If the Contractor be an individual, the trade name (if the Contractor be operating under a trade name) should be indicated in the Contract and the Contract should be signed by such individual.

If signed by one other than the Contractor, there should be attached to the Contract a duly authenticated Power of Attorney evidencing the signer’s authority to execute such Contract for and on behalf of the Contractor.

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WRITTEN REQUESTS FOR PROGRESS PAYMENTS

Pursuant to MCL 125.1562(1), as amended, the Contractor designates:

______________________________________________ to submit written requests for monthly (name and title) progress payments to the City’s Engineer.

The Contractor may change the above-listed designee by providing written notice of the new designee’s name and title to the City’s Engineer at least seven (7) days before the new designee submits any progress payment requests.

The designee shall submit written requests for monthly progress payments to the City’s Engineer before the 24th day of each month.

CONTRACTOR:

Signature: ________________________________

Printed name: _____________________________

Title: ______________________________________

DESIGNEE:

Signature: _________________________________

Printed name: ______________________________

Title: _______________________________________

Subscribed and sworn to before me this ______ day of __________________ 2026.

______________________ County, Michigan

My commission expires: ________________

Acting in the County of: ________________

PB-1

Performance Bond

We, ______________________________________________________, Contractor, as Principal, and Name and address of Contractor

____________________________________________________________, as Surety, are held and firmly Name and address of Surety bound to the CITY OF WARREN, MACOMB COUNTY, MICHIGAN, in the sum of dollars ($ ) Amount of Bond for the payment of which we each bind ourselves, our heirs, executors, administrators, successors and assigns to the CITY OF WARREN.

The Principal has by written agreement entered into a Contract with the CITY OF WARREN, titled: ______________________________________________________________________________________ Name of Contract as approved by the Warren City Council on ________________________ and which Contract is

Date attached and made a part of this instrument. The Contract in Part 4 of the General

Conditions requires a Performance Bond in an amount equal to one hundred percent (100%) of the Contract price.

CONDITION:

The condition of this obligation is that if the Principal shall faithfully perform the Contract according to all conditions, stipulations and specifications contained in the Contract documents, and complete the construction free and clear of all liens and or claims of every description, and satisfy all claims and demands incurred, and shall fully indemnify and save harmless the CITY

OF WARREN from all liability and damages of every kind which it may suffer by reason of the

PB-2

Principal’s performance under the Contract, then this obligation shall be void and of no effect;

otherwise, it shall remain in full force and effect.

This Bond is given upon the express condition that any changes, alterations or modifications of the Contract, the extension of time or the placing of an inspector or superintendent on site by the

CITY OF WARREN in accordance with the provisions of the Contract, shall not operate in any way to release the Principal and Sureties.

This Bond is given in compliance with and subject to all the provisions and conditions of

Public Act 213 of 1963; MCL 129.201 et. seq.

SIGNED, SEALED AND DATED: __________________________________, 20____.

Witness: Principal:

Name Signature

Name Printed Name and Title

Witness: Surety:

Name Signature

Name Printed Name and Title*

*Note: Attach copy of Power of Attorney

LMB-1

Payment Bond for Labor, Material, and Equipment Rental

We, ______________________________________________________, Contractor, as Principal, and Name and address of Contractor

____________________________________________________________, as Surety, are held and firmly Name and address of Surety bound to the CITY OF WARREN, MACOMB COUNTY, MICHIGAN, in the sum of dollars ($ ) Amount of Bond for the payment of which we each bind ourselves, our heirs, executors, administrators, successors and assigns to the CITY OF WARREN.

The Principal has by written agreement entered into a Contract with the CITY OF WARREN, titled: ______________________________________________________________________________________ Name of Contract as approved by the Warren City Council on ________________________ and which Contract is

Date attached and made a part of this instrument. The Contract in Part 4 of the General

Conditions requires a Payment Bond in an amount equal to one hundred percent (100%) of the

Contract price.

CONDITION:

The condition of this obligation is that if the Principal shall pay or cause to be paid all subcontractors, suppliers and other persons, firms and corporations all amounts due or may become due on account of any labor performed, material furnished, or equipment rented in connection with the performance of the Contract and satisfy all claims and demands which may

LMB-2

arise from the Principal to all subcontractors, suppliers or other persons, firms or corporations, then this obligation shall be void and of no effect; otherwise, it shall remain in full force and effect .

This Bond is given upon the express condition that any changes, alterations or modifications of the Contract, the extension of time or the placing of an inspector or superintendent on site by the

CITY OF WARREN in accordance with the provisions of the Contract, shall not operate in any way to release the Principal and Sureties.

This Bond is given in compliance with and subject to all the provisions and conditions of

Public Act 213 of 1963; MCL 129.201 et. seq.

SIGNED, SEALED AND DATED: __________________________________, 20____.

Witness: Principal:

Name Signature

Name Printed Name and Title

Witness: Surety:

Name Signature

MGB-1

Maintenance and Guarantee Bond

We, ______________________________________________________, Contractor, as Principal, and Name and address of Contractor

_______________________________________________…