Residential Roof Replacement Bid #26-0912.pdf

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CITY OF BAY CITY

SEALED BID REQUEST

RESIDENTIAL ROOF REPLACEMENT BID #26-0912

Bids must be received in the Purchasing Department prior to 2:00 p.m. on the bid due date. All bids received after 2:00 p.m. on the bid due date will be returned to the bidder unopened.

Bids Due: Wednesday, September 10, 2025

Mark Sealed Bid Envelope: Residential Roof Replacement Bid #26-0912

The City of Bay City is soliciting sealed proposals for: Residential Roof Replacement Bid #26-0912

To obtain an official copy of the bidding documents, please visit www.BidNetDirect.com or the Purchasing office located at City Hall, 301 Washington Avenue, Room 304, Bay City, MI.

Before the bid due date, it is the vendors responsibility to check the BidNet Direct bid system or their emails for any Addendums that may have been issued.

Sealed proposals will be received by the City of Bay City at the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, MI, until 2:00 p.m. on Wednesday, September 10, All bids will be publicly opened and read aloud at 2:00 p.m. on Wednesday, September 10, 2025, for the Residential Roof Replacement Bid #26-0912 all in accordance with the Bidding Documents, and as otherwise set forth herein.

The City of Bay City has absolutely reserved the right and prerogative to reject any or all bids as well as to waive any irregularities and informalities. The award of the contract, if it is awarded, will be to a responsible and responsive Bidder whom the City Commission, in its sole discretion and judgment, determines will be in the best interest of the City of Bay City, and which will not exceed the funds available for the project.

BIDDERS MUST HAVE A VALID STATE OF MICHIGAN BUILDERS LICENSE, BE A VALID

BUSINESS WITH A FEDERAL TAX ID AND HOLD ALL REQUIRED INSURANCE

NOTE: The City of Bay City does not accept sealed bids via fax or e-mail.

http://www.bidnetdirect.com/

CHECK LIST BEFORE SUBMITTING BID

YES

• Before the bid due date, it is the vendors responsibility to check the BidNet Direct bid system for any Addendums that may have been issued www.bidnetdirect.com.

The full addendum document and any other items noted as such must be returned and included with your sealed bid

• Is the Quotation Request signed by an authorized representative of your company?

• Did you submit your proposal using the Proposal Form that is part of the bidding documents?

• Did you fill out and submit the Debarment Certification?

• Did you submit the Contractor Application that is part of the bidding documents?

• If applicable, did you read the sample contract/agreement and understand that if you are awarded the contract that the contract will be finalized to include description of work, term and economic specifics of this bid. Do you also understand that the standard terms contained in the sample contract/agreement are in final form (i.e. liability, indemnity, insurance) and not subject to further negotiation.

• Are you submitting your original bid plus One (1) COPY as required?

• Is the outside of your envelope/package labeled properly including the bid number?

http://www.bidnetdirect.com/

Purchasing Department QUOTATION REQUEST 301 Washington Avenue Bay City, MI 48708

Date: August 11, 2025

Sealed bids must be received at the address below NOT later than 2:00 PM Michigan Local Time, Wednesday, September 10, 2025

BIDS not complying with above will be REJECTED and returned to bidder unopened.

BIDDER:

________________________________ Prices for sealed bid must be stated on the Proposal ________________________________ Form of this bid package. If not interested or unable ________________________________ to bid, please RETURN the Statement of No Bid.

Susan Carmien, CPPB, Purchasing Manager Susan Carmien, CPPB, Purchasing Manager

PLEASE NOTE:

• ALL ITEMS LISTED AS “REQUIRED WITH SUBMISSION” AND “REQUIRED WITH SUBMISSION

REGARDLESS OF ANY PREVIOUS SUBMISSIONS” MUST BE IN BID PACKET AND IF ANY ARE MISSING

THE BIDDER’S BID PACKET WILL BE DEEMED NON-RESPONSIVE WITH NO EXCEPTIONS.

ITEM AND DESCRIPTION

The City of Bay City is accepting sealed bids for Residential Roof Replacement Bid #26-0912.

All sealed bids are to be received at the City of Bay City, Purchasing Department, 301 Washington Avenue, Room 304, Bay City, MI 48708 no later than 2:00 p.m. Michigan Local Time on: Wednesday, September 10, 2025.

ALL ITEMS LISTED AS REQUIRED WITH SUBMISSION MUST BE INCLUDED WITH BID PACKET

All respondents must conform to the following:

Quotation Request…………………………………………………..…………………..Required with submission

Proposal Form/Unit Price Proposal Form………………………………………………Required with submission

Specifications/Scope of Work

Addendum(s) (if issued)………………………………………………………….……...Required with submission

Debarment Certification………………………………………………………………...Required with submission

Contractor Application…………………………………………………………………..Required with submission

Sample Construction Contract

One original and one copy of bid……………………………………………………..Required with Submission

**Before the bid due date, it is the bidder’s responsibility to check the BidNet Direct bid system for any Addenda that may have been issued.**

Any questions regarding this bid must be submitted in writing to the Purchasing Department via e-mail no later than 3:00 p.m. one

(1) week prior to bid opening.

Susan Carmien, CPPB Purchasing Manager scarmien@baycitymi.gov (989)894-8115

If awarded the bid, and a contract is fully executed, we hereby agree to furnish and invoice above listed materials or services delivered or performed in accordance with the City of Bay City’s specifications, requirements and terms as specified herein at prices specified.

BIDDER’S BUSINESS NAME

SIGNATURE TITLE

PRINT NAME

ADDRESS

PHONE E-MAIL ADDRESS

DATE

mailto:scarmien@baycitymi.gov

PROPOSAL FORM

*EACH OF THE COSTS BELOW SHOULD INCLUDE MATERIALS AND INSTALLATION*

Address Roof

(Material & Labor)

Qty of

OSB

OSB

(Material & Labor)

Eaves Trough (Material & Labor)

Total

1408 N. Trumbull St.

821 Franklin St.

1103 Polk St.

503 Alpin St.

111 N. Monroe St.

1312 Fitzhugh St.

Grand Total

BIDDERS MUST HAVE A VALID STATE OF MICHIGAN BUILDERS LICENSE, BE A VALID BUSINESS WITH A

FEDERAL TAX ID AND HOLD ALL REQUIRED INSURANCE

*The City of Bay City reserves the right to award the bid items individually or as a whole bid.

BIDDER MUST STATE

Bidder Name:

Address:

Phone: Email:

Signature: ____________________________________________________________________

SPECIFICATIONS

*IT IS THE BIDDERS RESPONSIBILITY TO READ AND UNDERSTAND THIS SPEC/SCOPE OF WORK IN

ITS ENTIRETY.

*BIDDERS MUST HAVE A VALID STATE OF MICHIGAN BUILDERS LICENSE, BE A VALID BUSINESS

WITH A FEDERAL TAX ID AND HOLD ALL REQUIRED INSURANCE.

*The contractor shall be responsible for building permits needed for the scope of work being performed; including securing the permit(s), the cost of the permit(s) and calling the building department for a final inspection when the work is completed. ** Permits MUST be secured prior to work starting.

*The City of Bay City reserves the right to award the bid items individually or as a whole bid.

Addresses:

1408 N. Trumbull St.

821 Franklin St.

1103 Polk St.

503 Alpin St.

111 N. Monroe St.

1312 Fitzhugh St.

Residential Roof / Emergency Roof

• House to be completely re-roofed. This includes all roofs attached to the house unless otherwise stated. i.e. attached garage, entrance door overhangs or porticos, attached bump outs (micro additions), porch roofs, etc.

• Remove and replace any damaged decking boards exposed to weather in overhang before installing

(covering with) new 7/16” OSB, matching as best as possible as this will be open / exposed.

• Install aluminum role flashing down all valleys with a min of 18” wide flashing. To be nailed at the edge and covered with ice and water shield. This applies to all valleys.

• Install ice & water shield at all exposed eve locations, extending a minimum of 24” inside the exterior wall plane.

• Cover sheathing with 15# roofer’s felt or approved synthetic membrane.

• Install dimensional shingles having a minimum 25-year manufacturer’s warranty. Color selected by

Homeowner from available stock samples.

• Any section of the roof with a pitch under 4 in 12 shall be roofed with a base of two layers of ice & water shield then shingled. Any roof with a pitch under 2 in 12 shall be roofed with black EPDM

Membrane roofing.

• Provide venting sufficient to meet building code requirements without cutting into siding. Use continuous ridge vent for air exhaust. Roof MUST have adequate venting for air intake and air exhaust. Roof MUST have adequate ventilation to prevent damage. Existing gable vents to be closed off either from the inside or on the outside with aluminum to match color of house if they are no longer needed for proper ventilation.

• Some facia boards may need to be replaced; give yourself an allowance to replace up to 15’. If more than 15’ of facia board needs to be replaced, you WILL need a contract change order. Wood fascia that is installed shall comply with M.R.C. 317 (Protection of wood & wood-based products).

• All replacement wood that will be left exposed CANNOT be pressured treated. It must be standard wood, primed and painted to comply with M.R.C. 317 (Protection of wood & wood-based products).

• At points where the roof intersects with vertical surfaces, flash with appropriate metal flashing AND counter flashing. If this intersection is on an angle install step flashing and counter flashing.

• Replace ALL existing flashing boots around vent pipes with new ones.

• Thoroughly seal around any electrical mast or other roof penetrations.

• All materials shall be installed in conformance to the manufacturer’s instructions to not void the warranty.

• Provide dumpsters or a trailer on site for debris disposal and disposed of appropriately. Dumpsters and/or trailers cannot be placed in the right-of-way (between sidewalk and street) or on the street without first getting a permit from engineering.

• Trim all tree branches that will interfere with the roofing that needs to be done.

• Thoroughly clean and remove all nails and other debris from the yard.

O.S.B.

• Install new 7/16” OSB sheathing or 1/2” CDX over existing decking with the ends centered on rafters.

To be nailed with 8d spiral or ring shank nails. The roof must have a continuous flat surface. Install aluminum wide flange drip edge at all edges of roof perimeter.

• All roofs are bid with complete OSB or plywood sheathing installed. If a roof already has OSB or plywood decking and does not need new sheathing, contact the project manager. A contract change order must be completed to remove the cost of the OSB/Plywood installation from the contract price.

• Contractor MUST call the project manager for sheathing inspection.

Eaves Trough

• Remove and discard existing eaves trough and dispose of. Install seamless new K5” gutters at all eaves. Include all downspouts, ells, extensions, hangers and other items required to complete this job. Do NOT install hangers over the shingles. Gutters to hang plum and in position to catch the water as it comes off the roof. Straps and angle blocks must be used if fascia is not plumb. Do NOT allow water to drain onto any portion of the structure; including but not limited to other portions of the roof.

• Downspouts need to drain away from house. If underground drain tile draining into house tile/drain system currently used terminate and seal tight to the weather.

• Provide a splash block at each point of discharge at least 5ft away from house.

• Homeowner to select color from available stock samples.

***THE FINAL BID SHOULD INCLUDE THREE PRICES AND A GRAND TOTAL. THE FIRST PRICE

SHOULD INCLUDE THE COST OF MATERIALS AND LABOR FOR THE ROOF ITSELF. THE SECOND

PRICE SHOULD INCLUDE THE COST OF MATERIALS AND LABOR TO INSTALL NEW OSB, OR

PLYWOOD, DECKING. THE THIRD PRICE SHOULD INCLUDE THE COST OF MATERIALS AND LABOR

TO INSTALL THE NEW EAVES TROUGHS. THE GRAND TOTAL SHOULD BE THE SUM OF THE THREE

COSTS ADDED TOGETHER.

General Notes

1) Work is to be completed in accordance with the 2015 Michigan Residential Code. It is the responsibility of the successful bidder to ensure compliance with code requirements to the satisfaction of the building officials. The successful bidder (contractor) shall secure any permits required including the cost of permits. Payment for any work is dependent upon passing all required inspections of the project manager and the building department officials and the issuance of a Certificate of Occupancy.

2) All materials installed shall be new and free from defects.

3) All material and debris removed from the building by the general contractor becomes the property of the general contractor and shall be disposed of in a proper manner. Any, and all materials and debris removed or disturbed by the subcontractors become the property of the subcontractor and must be disposed of in a proper manner. Any area disturbed by the contractor or subcontractor must be left as clean or cleaner in this area as it was prior to starting work. Remove all debris daily or pickup and discard in an appropriate receptacle (dumpster, trailer, etc.). The contractor is responsible for keeping the premises and surrounding property free from construction debris, scrap lumber, sawdust, packaging materials, loose nails and all waste materials. Existing materials to be removed may contain lead-based paint hazards. Removal of these materials must comply with lead-based paint hazard reduction EPA

4) All workmanship shall conform to the quality demanded by standard industry practice as stipulated in the publication Residential Construction Performance Guidelines for Professional Builders and

Remodelers, Second Edition, National Association of Home Builders 2000.

5) It is the responsibility of the general contractor to control with reasonable expectation all costs of utilities while building under the control of the general contractor. If utilities exceed normal/average costs it will be the general contractor’s responsibility to cover these additional costs.

6) If the project manager requests that photographs be taken during and/or after certain work is being performed these photographs should be in focus and at a distance that said work can easily and clearly be seen in the photographs. The photographs should depict the work that the project manager asked to be photographed (i.e. if photographs of the flashing and ice & water shield being installed in a valley are requested there should be photographs of this work in all valleys). These photographs must be texted or emailed to the project manager.

7) All work must be complete, signed off by the project manager, final inspections approved by the building department building inspector and final paperwork signed off by the homeowner before a payment request can be processed.

The Contractor must commence work with 30 days after the Contract has been signed by all parties and complete work with 14 days of said Order. Under special circumstances, extensions may be granted.

There will be no other work completed as part of this project. If the owner and contractor wish to do work that is not specifically listed in this write-up it will be done after these items are completed, photographs are taken, and a final inspection is filled out and returned to the Community Development office. Any violation of this regulation will result in the projects dismissal from this program.

PROPERTY NOTES

1408 N. Trumbull St. - This property has a second floor living space. There is no insulation in between the rafters above the wall / ceiling covering. The eaves are closed off with blocks of wood. DCI Smart vent, Cor-A-Vent, or similar shingle over vents ARE required on the low side of the roof for air intake as well as ridge vent for air exhaust.

821 Franklin St. - This house at this property runs east and west. The roof pitch is approximately 11 in 12. The north side of the house is fenced in and has many plantings and bushes next to the house. The owner is aware that some of these things may get damaged or destroyed in the roofing process. The successful bidder should discuss options with the homeowner on how to best mitigate this.

1103 Polk St. - This property has a wood car port that is attached to the house and is included in the work to be completed. Include this work in your bid price.

503 Alpin St. - This house will have a power vent furnace and water heater. The chimney should be taken down to below the roof line, decked over and shingled.

Include this work in your bid price.

111 N. Monroe St. - This house has two pieces of aluminum fascia that are missing.

Replacing this fascia should be included in the bid price. One piece is on the south side of the house and is approximately 12 feet long. The other piece is on the north side of the house and is approximately 8 feet long. There is an addition on the west side of the house that is approximately 12x15 feet. The roof decking on the gable end is sticking out past the fascia and may need to be cut back closer to the fascia board. Include this work in your bid price.

1312 Fitzhugh St. - There is a second-floor addition at the back of the house that resembles a shed dormer. This roof is approximately 15 x 16 feet and is approximately a 1 in 12 pitch. This roof must have an EPDM roof installed.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters

The prospective participant certifies, to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions under federal nonprocurement programs by any federal department or agency;

(2) Have not, within the three year period preceding the proposal, had one or more public transactions (federal, state, or local) terminated for cause or default; and

(3) Are not presently indicted or otherwise criminally or civilly charged by a government entity

(federal, state, or local) and have not, within the three year period preceding the proposal, been convicted of or had a civil judgment rendered against it:

(a) For the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction (federal, state, or local) or a procurement contract under such a public transaction;

(b) For the violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, the allocation of customers between competitors, or bid rigging; or

(c) For the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

I understand that a false statement on this certification may be grounds for the rejection of this proposal or the termination of the award. In addition, under 18 U.S.C. §1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to five years, or both.

Name and Title of Authorized Representative

Name of Participant Agency or Firm

Signature of Authorized Representative Date

I am unable to certify to the above statement. Attached is my explanation.

CONTRACTOR APPLICATION

Business Name:

Business Address

Business Phone: Business Email:

Contact Person:

Title:

Phone: Email:

Form of Business: ☐ LLC ☐ Partnership ☐ Proprietor ☐ Other: _______________________

Federal Tax ID Number:

Are you a General Contractor? (You handle all phases of work) ☐ Yes ☐ No

If not, list the area of expertise.

Date of Organization, Years in Business:

List names and office of corporate officers, Partners (General Partner only, if a limited General Partnership), or Proprietor:

Name, address, phone number of four (4) recent RESIDENTIAL clients, and a brief description of work performed:

1.

2.

3.

4.

Contractor Application Continued…

Supplier credit references:

Supplier Name: Supplier Name

Address: Address:

Phone: Phone:

# of years with this account: # of years with this account:

Supplier Name: Supplier Name

Address: Address:

Phone: Phone:

# of years with this account: # of years with this account:

Include with this submission (Submittals):

☐ Articles of Incorporation ☐ Partnership Agreement, or DBA, as applicable.

☐ Michigan Builder’s or Remodeler’s License ☐ Required Insurances – Requirements attached.

I certify that all information presented in or with this application is true and accurate. I hereby grant permission to the City of Bay City to certify this information. False or inaccurate information is cause for denial of acceptance to, or future removal from the program.

Signature: Date:

CONTRACTOR INSURANCE REQUIREMENTS

☐ Furnish evidence of the following coverages and limits:

Workers’ Compensation insurance including Employers Liability to cover employee injuries or disease compensable under the Workers’ Compensation Statutes of Michigan, or federal compensation acts, if applicable. Self-insurance plans approved by the regulatory authorities in Michigan are acceptable.

☐ Comprehensive General Liability:

A Comprehensive General Liability policy in the amount of $500,000 for injuries including accidental death to any one person, and $1,000,000 for injuries including accidental death, resulting from one accident; property damage in the amount of, not less than, $500,000 per accident and the same amount in the aggregate, including the following exposures:

A. All premises and operations;

B. Explosion, collapse and underground damage (whenever work under the Bid involves such hazard);

C. Contractor’s Protective coverage for independent contractors or subcontractors employed by him;

D. Contractual Liability for the obligations assumed in the Indemnifications or hold harmless agreement found in the Contract;

E. Personal injury Liability endorsement with no exclusions pertaining to employment; and F. Products and Completed Operations coverage. This coverage shall extend through the contract guarantee period.

☐ The City of Bay City shall be named as an additional insured as follows:

It is understood and agreed that the following shall be additional insured: The City of Bay City, Michigan, and its Elected and Appointed Officials, All Employees and Volunteers, all Boards and Commissions and/or authorized their Board Members, Employees and Volunteers.

As it relates to the work and obligations set forth in the contract, this coverage shall be primary to the additional insureds, and not contributing with any other insurance or similar protection available to the additional insureds, whether the other available coverage be primary, contributing or excess.

Attach Endorsement of Additional Insured must be submitted with application. Sample is attached.

☐ Comprehensive Automobile/Vehicle Liability:

A Comprehensive Automobile Liability policy to cover bodily injury and property damage arising out of the operation, ownership, maintenance or use of any motor vehicle, including owned, non-owned and hired vehicles. The Comprehensive Auto Liable shall be written in the minimum amounts of $500,000 for injuries including accidental death to any one person and $100,000 for injuries including death resulting from any one accident. This policy must also provide $500,000 property damage coverage.

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED -OWNERS, LESSEES OR

CONTRACTORS -AUTOMATIC STATUS WHEN

REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy.

Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf;

in the performance of your ongoing operations for the additional insured.

However, the insurance afforded to such additional insured:

1. Only applies to the extent permitted by law;

and

2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed.

B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to:

1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:

a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or

b. Supervisory, inspection, architectural or engineering activities.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services.

SAMPLE

2. "Bodily injury" or "property damage" occurring after:

a. All work, including materials, parts or equipmsnt furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits Of Insurance:

The most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement you have entered into with the additional insured;

or

2. Available under the applicable Limits of Insurance shown in the Declarations;

whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

,. I-' -

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS- COMPLETED OPERATIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations

ANY PERSON(S) OR ORGANIZATION(S)

REQUIRED BY WRITTEN CONTRACT OR VARIOUS

AGREEMENT AND AS PER PARAGRAPHS A. AND

B. BELOW

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard".

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

CONSTRUCTION CONTRACT

THIS AGREEMENT dated 2025, by and between, hereinafter referred to as the (Contractor) and hereinafter referred to as the (Owner) for repairs to the residential property described as .

PROJECT DETAILS: .

Project Total: $ .

WHEREAS, The City of Bay City has established the Emergency Repair Program, which administers Community Development Block Grant (CDBG) funds and guidelines, including the homeowner qualification and contractor selection processes; and

WHEREAS the Homeowner is a qualified participant in the Emergency Repair Program;

and

WHEREAS Contractor has been selected to perform the work described in this Agreement's incorporated bid specifications; and

WHEREAS it is necessary for the Homeowner and Contractor to enter into an agreement, which defines the scope of their relationship and their relationship to The City of Bay City as well as their respective responsibilities in this endeavor; it is

THEREFORE, in consideration of the promises and covenants of each other, the parties hereto agree as follows:

1. ADMINISTRATOR

The City of Bay City (Administrator) will be the intermediary between the Homeowner and the Contractor in order to administer the Emergency Repair Program. The Administrator will assist the parties in completing the work to be performed under this Agreement/Project. The Administrator may employ and/or utilize one or more persons to serve as agents in administering the program. The Administrator is not a party to this Agreement.

2. HOLD HARMLESS

It is understood by the Owner and Contractor that the City of Bay City, through its Emergency Repair Program, acts only as a coordinator between parties and holder of funds pending the completion of the Contract. Upon acceptance of the Specifications and approval thereof by the Emergency Repair Program this Contract shall become mutually binding upon the Owner and Contractor. All parties hereby agree to hold the City of Bay City and all Emergency Repair Program harmless for any and all damages resulting from this Contract.

3. SCOPE OF WORK

The specifications for the work to be completed at the above address are included as Attachment A and are incorporated into this agreement and made a part of the agreement for the purpose of setting forth the work to be performed under this agreement.

4. MATERIAL, LABOR AND APPLIANCES

Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools and equipment necessary for the completion of the work. The Owner will permit the Contractor, at no cost, to use existing utilities such as light, heat, power and water necessary to carry out and complete the work.

Contractor agrees to indemnify and hold harmless Owner from and against all claims, damages, losses and expenses, including reasonable attorney fees in case it shall be necessary to file an action, arising out of performance of the work herein.

5. INSURANCE AND GOOD STANDING

All General Contractors and Subcontractors are required to carry full Workman's Compensation Insurance, as provided for in the Workman's Compensation Act of the State of Michigan, in the amount required by statue. In addition, the Contractor shall maintain Comprehensive Public Liability Insurance Coverage protecting the Owner, for not less than $1,000,000.00 in the event of bodily injury, including death, and $500,000.00 in the event of property damage arising out of work perform by the Contractor, Automotive Liability - owned, hired or non-owned for not less than $1,000,000.00 and furnish evidence of said insurance. The contractor warrants and represents that he is of good reputation, and is financially sound, qualified and licensed and has adequate resources to perform the work in the specifications attached hereto as Exhibit "A". The Contractor further warrants and represents that he is not subject to administrative disbarment by the U.S. Department of Housing and Urban Development of the State of Michigan or County of Bay.

6. CODE, PERMITS AND REGULATIONS

The Contractor shall obtain and pay for all permits and licenses and shall give all notices, pay all fees and comply with all laws, ordinances rules and regulations of the City of Bay City and any law or regulation of the State of Michigan or any of its agencies, required for the performance, completion and execution of the work and labor to be performed. If the work of any of the contractors shall be done contrary to such laws, ordinances, rules and regulation, and/or required notice, he shall bear all costs arising therefrom. The

Contractor assumes responsibility for knowing the content and applying the same as applicable.

7. PROTECTION OF WORK AND PROPERTY

The Contractor shall continuously maintain adequate protection for all his work from damage and shall protect the Owner's adjacent property from injury arising in connection with the Contract. Homeowner is required to pack away all personal property and protect it from damage. He shall make good any such damage or injury. Furthermore, it shall be the responsibility of the Contractor to remove from the premises any and all debris or refuse resulting from this Contract, leaving the same in a neat and orderly condition.

Materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor, unless otherwise agreed upon in writing and signed by the contracting parties.

8. ASSIGNMENT OF CONTRACT

Contractor may not assign the Contract without first obtaining written approval of the proposed assignee from the City of Bay City, Emergency Repair Program, and Community Development Inspector must include evidence that the proposed assignee qualifies under all requirements of this Contract and must be addressed to the City of Bay City, Housing Rehabilitation, City Hall, 301 Washington Avenue, Bay City, Michigan 48708. Upon approval of the proposed assignee by the City of Bay City, Contractor must obtain written consent of assignment from and signed by the Owner and must furnish a copy of such consent to the City of Bay City, Community Development, City Hall, 301 Washington Avenue, Bay City, Michigan 48708.

9. RESPONSIBILITY OF CONTRACTORS AND SUBCONTRACTORS

Each Contractor will be held responsible for the execution of a satisfactory and complete piece of work in accordance with the true intent of the work specifications. All measurements in the work specifications are approximate and are meant only as a bidding aid; exact measurements are the responsibility of the Contractor. There will be no other work done at this address from the start of this job, until completion of the work specified in the bid specifications. Contractor shall provide without charge all incidental items required as part of his work, even though not particularly specified or indicated, and if he has good reason for objecting to the use of any material, appliance or methods of construction as shown or specified, he shall submit a written proposal describing the changes or substitutions to the original work specifications to the Owner and obtain consent from the Owners before this contract is made. Any such changes or substitutions shall be attached to and become part of this Contract.

10. NONDISCRIMINATION

Each Contractor must abide by Federal and Local regulations pertaining to equal employment as set forth by title VII of the Civil Rights Act of 1994 and by Executive Order 11246.

11. GUARANTEES AND WARRANTIES

The final payment shall not become due until the Contractor furnishes the Rehabilitation Specialist, City of Bay City Emergency Repair Program with all manufacturer's suppliers' written guarantees and warranties covering materials and equipment furnished under the Contract. The Contractor guarantees the work performed for a period of (18) months from the final acceptance of all the work required by the Contract.

12. LIENS AND INSPECTION

The final payment of the Contract amount will be made only after final inspection acceptance of all the work performed by the Contractor and the Contractor has furnished the Community Development Inspector, City of Bay City Emergency Repair Program, satisfactory release of liens or claims for liens by the Contractor, subcontractor, laborers, and material suppliers. The City of Bay City, or it's designee must be permitted to examine and inspect the rehabilitation work at any time for monitoring purposes.

13. ORDERS AND COOPERATION FROM OWNER

The owner, under normal conditions, will not direct or give orders to the mechanics of the job. The General Contractor will give any orders that the Owner wants carried out. The Owner will cooperate with the Contractor to facilitate the performance of the work, including the removal and replacement of rugs, covering of furniture as necessary and the removal of personal property from the work area. The premises are to be occupied during the course of the construction work.

14. TIME LIMITS

The Contractor must commence work within ( ) days after the Contract has been signed by all parties concerned and the issuance of a Proceed to Work Order by the Rehabilitation Specialist, and satisfactorily complete the work within thirty (30) days from the date of said Order. The Contractor may request an extension of the contract by submitting the reasons for such in writing to the Community Development Inspector ten (10) days prior to the scheduled completion date. If the extension is not approved, the Contractor must satisfy the contract within ten (10) working days of the denial.

If the work is not completed by the scheduled, or extended completion date, the Contractor shall be held in violation of this document and shall forfeit his rights to the full contract price. The Owner, with the approval of the Community Development Inspector, may then select a second contractor to complete the work. It is agreed that the amount of payment to which the original Contractor will be entitled will be determined, at the time of final completion of the entire work, by subcontracting the costs for repair damage caused by the first Contractor which they have not made good and costs to correct work by the first Contract that is below the standards required by this Contract which he has not made good.

15. PAYMENT OF CONTRACT/ COMPENSATION

The Contractor will be paid the contract price in one lump sum amount within twenty (20) days after all the following conditions are met:

a. After the work is satisfactorily completed to the satisfaction of the Owner, evidence of the same shall be by the execution of the "Property Owners Completion Statement" by the Owner stating that the work has been satisfactorily completed, and payment to the Contractor is approved; said statement forms shall be available during regular business hours at the office of the Community Development Inspectorfor the Owner to sign; and

b. After all building permits are finalized and all requirements thereunder are fully completed, all said permits must receive and pass final inspection of the City of Bay City Building Department, and final approval shall be deemed to mean final approval without any exception(s); and

c. After the Community Development Inspector has inspected the rehabilitation property, received the Contractor's invoice including any revisions or adjustments to the original contract amount, a signed Contractor's Sworn Statement along with release of all liens or claims for lien on forms deemed suitable by the Program for all subcontractors, laborers, and material(s) provided and furnished at the job site, i.e., subject property, and copies of building permits issued for all trades, all completed to the satisfaction of the said Community Development Inspector.

The Contractor expressly agrees and understands that it is the Contractor's obligation to fulfill all of the above conditions, and failure to comply with any one, any part thereof, or all, shall give the city of Community Development Inspector, the City of Bay City Emergency Repair Program, the city of Bay City, its agents and servants the right to withhold payment in part or in total of all sums that may be due to the contractor until all aforesaid conditions are fully complied with by the Contractor.

16. PROGRESS PAYMENTS

If the Contract is of sufficient size to warrant progress payments, payments shall not exceed 75 percent of the value of the work satisfactorily completed. Contractor agrees to furnish the necessary waiver of lien from suppliers, subcontractors, and contractor as a condition to receiving each respective progress payment.

(VOID – Not applicable for the project)

17. FINAL INSPECTION

It is the responsibility of the Contractor to contact the Building Department Office for final inspection when work is completed and ready for final inspection and with at least 48 hours prior notice.

It is the responsibility of the Contractor to contact the Community Development Inspector for final inspections and to obtain the final completion report.

Each Contractor shall be responsible for having work completed at the time the final inspection is made.

18. CONSULTATION

Prior to the beginning of each job, the Community Development Inspector shall have a preconstruction conference/meeting with the Contractor.

19. TERMINATION OF CONTRACTOR

In case the Contractor fails to furnish material or execute work in accordance with the provisions of their Contract, or fails to proceed with or complete the work within the time limit specified in this Contract, or if the provisions of the contract are otherwise violated by the Contractor, then in any upon ten (10) days written notice to the Contractor, the Owner, in conjunction with the City of Bay City; shall have the right to declare Contractor in default in the performance of his obligations under the Contract within ten (10) days after service of said notice, the violation shall cease or satisfactory arrangements shall be made for its correction, the Contractor, by written notice, may be declared in default and his right to proceed under the contract terminated.

In the event the Contractor is thus declared to be in default, the Owner, in conjunction with the City of Bay, will proceed to have the work completed by selecting a second contractor to complete the work. It is agreed that the amount of payment to which the original Contractor will be entitled will be determined at the time of final completion of the entire work, by subcontracting the costs of the second contract from the price of this Contract. The costs of the second contract shall include reasonable costs to repair damage caused by the first Contractor, which he has not made good, and costs to correct work by the first Contractor that is below the standards required by this contract, which he has not made good.

20. DISPUTE RESOLUTION

If a dispute arises between Contractor and/or Homeowner, the parties hereby agree to make a good faith, reasonable effort to resolve any problems.

If an impasse is reached between the parties during the project, a party may request, in writing to the Administrator, the use of the following resolution procedure:

(1) The Bay City Community Development Director will be contacted and act as the intermediary of the dispute;

(2) If the Community Development Director is unable to effectuate a resolution, the Review Committee shall mediate the dispute within a reasonable period of time.

21. CHANGE OF WORK ORDER

If additional work is required and/or adjustments are made (e.g., type of work, location, materials, etc.) thus altering the terms of the original specifications and Construction Contract, it will be mandatory that the contractor contact the Community Development Inspector and that a Change of Work Order be issued. The Change of Work Order will document all adjustments to the original contract, including additional costs and shall be signed by the Owner, Contractor and Community Development Inspector for all loan contracts.

The Homeowner and Contractor agree that they have read the and understand the terms of this Agreement.

IN WITNESS WHEREOF, the parties hereto affix their signature:

FOR THE HOMEOWNER

Homeowner Homeowner

STATE OF MICHIGAN )

) SS

COUNTY OF BAY )

The above named parties appeared before me day of , and signed this contract in my presence by his own free will, act and deed.

Amy MacDonald, Notary Public Bay County, Michigan My commission expires:

FOR THE CONTRACTOR

Contractor Contractor

STATE OF MICHIGAN )

) SS

COUNTY OF BAY )

The above named parties appeared before me day of , and signed this contract in my presence by his own free will, act and deed.

Amy MacDonald, Notary Public Bay County, Michigan My commission expires: