Warren Valley Parking Lot Project Manual FINAL.pdf

SECTION 00 01 00

CONTRACT DOCUMENTS

WARREN VALLEY PARKING LOT

26140 W. Warren Street

Dearborn Heights, MI 48127

City of Dearborn Heights

6045 Fenton Avenue

May 23, 2025

25251 Northline Road, Taylor MI, 48180

DHT 1005-25T

Warren Valley Parking Lot

05-23-2025 00 01 10 - 1 Table of Contents

SECTION 00 01 10 - TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUIREMENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 10 - Table of Contents

00 11 13 - Advertisement for Bids

00 21 13 - Instructions to Bidders

00 42 43 - Proposal

00 43 13 - Bid Bond Form

00 43 45 - Legal Status of Bidder

00 51 00 - Notice of Award

00 52 00 - Agreement

00 55 00 - Notice to Proceed

00 60 00 - Project Forms

00 61 12.13 - Labor and Material Payment Bond Form

00 61 13.13 - Performance Bond Form

00 61 19.13 - Maintenance and Guarantee Bond Form

00 62 76 - Contractor's Application for Payment

00 62 77 - Payment Schedule

00 65 20 - Sworn Statement

00 72 00 - General Conditions

00 73 00 - Supplementary Conditions

SPECIFICATIONS

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 - Summary of Work

01 22 00 - Unit Prices

01 31 19 - Project Meetings

01 33 00 - Submittal Procedures

01 45 00 - Quality Control

01 50 00 - Temporary Facilities and Controls

01 57 13 - Temporary Erosion and Sediment Control

05-23-2025 00 01 10 - 2 Table of Contents

01 71 23 - Construction Layout

01 71 23.26 - Construction Layout and Staking

01 77 00 - Closeout Procedures

01 89 00 - Site Construction Performance Requirements

DIVISION 02 - EXISTING CONDITIONS

02 41 13 - Selective Demolition

DIVISION 03 - CONCRETE

03 11 00 - Concrete Forming

03 15 00 - Concrete Accessories

03 30 00 - Cast in Place Concrete

03 32 00 - Construction and Expansion Joints

DIVISION 04 - MASONRY

04 05 13 - Masonry Mortaring

04 20 00 - Unit Masonry

DIVISION 31 - EARTHWORK

31 22 00 - Grading

31 23 13 - Subgrade Preparation

31 23 16 - Structural Excavation and Backfill

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 11 23 - Aggregate Base Courses

32 12 16 - Bituminous Paving

32 13 12 - Concrete Paving

32 13 15 – Sidewalks and Driveways

32 17 23 - Pavement Markings

32 92 23 - Sodding

05-23-2025 00 11 13 - 1 Advertisement for Bids

SECTION 00 11 13

ADVERTISEMENT FOR BIDS

WARREN VALLEY PARKING LOT

Sealed Bids will be received electronically by email at the City of Dearborn Heights' Comptroller's Office at comptroller@dearbornheightsmi.gov, or via the Michigan Inter-governmental Trade Network (MITN) Purchasing Group through https://www.bidnetdirect.com/mitn until 3:00 p.m., Local Time, 07-07-2025.

Shortly after the bid closing time a bid tabulation will be prepared and posted online.

Bids will be received for the following Work:

A Base Bid consisting of resurfacing of approximately 26,000 square yards of HMA surface parking lot with miscellaneous curb and gutter, concrete pavement, ADA sidewalks, signs, and pavement markings, Bid Alternate 1 to include 1,900 feet of curb and gutter installation, and Bid Alternate 2 to include an additional pavement area consisting of 200 cubic yards of earth excavation, aggregate base, and 120 tons of HMA.

Bid Alternate 1 and Bid Alternate 2 will be executed at the discretion of the Owner.

Contract Documents are on file with Ms. Lynne M. Senia, Clerk.

Contract Documents may be examined at the following locations:

City of Dearborn Heights, 6045 Fenton Avenue, Dearborn Heights, MI 48127

Construction Association of Michigan, 43636 Woodward, P.O. Box 3204, Bloomfield Hills, Michigan 48302

Wade Trim Associates, Inc., 25251 Northline Road, Taylor MI, 48180

Copies of the Contract Documents for bidding purposes must be obtained online by registering with the above mentioned bidding organization. See Instructions to Bidders for additional bidding requirements.

Each Bid shall be accompanied by a certified check, cashier’s check, money order, or bid bond, in the amount of at least five (5) percent of the amount bid, drawn payable to City of Dearborn Heights as security for the proper execution of the Agreement.

City of Dearborn Heights reserves the right to accept or reject any or all bids and to waive any informality in any bids should it consider same to be in its best interest.

Bids may not be withdrawn for the period of 60 days after date of receiving bids.

All inquiries shall be directed to Mr. Vaughn Martin, PE, Engineer at Phone: (313) 316-2060.

Questions will be received until 06-30-2025 at 5:00 PM. No further questions will be answered after this date and time.

Darren E. Turner, Comptroller

City of Dearborn Heights

6045 Fenton Avenue

05-21-2025 00 21 13 - 1 Instructions to Bidders

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

PART 1 GENERAL

1.1 DEFINED TERMS

(A) Terms used in these Instructions to Bidders have the meanings assigned to them in the General Conditions.

(B) The term "Bidder" means one who submits a Bid to Owner as distinct from a subbidder who submits a Bid to a Bidder.

(C) The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom the Owner makes an award.

(D) The term "Owner" means City of Dearborn Heights, 6045 Fenton Avenue, a Municipal Corporation and being a party of the first part of this Contract.

(E) The term “Engineer” means Wade Trim Associates, Inc., 25251 Northline Road, Taylor MI, 48180, or a duly authorized representative.

1.2 BIDDERS QUALIFICATIONS

(A) No Bid will be considered from any Bidder unless known to be skilled and regularly engaged in work of a character similar to that covered by the Contract Documents. In order to aid the Owner in determining the responsibility of any Bidder, the Bidder, within 48 hours after being requested in writing by the Owner to do so, must furnish evidence, satisfactory to the Owner, of the Bidder's experience and familiarity with Work of the character specified, and Bidder's financial ability to properly prosecute the proposed Work to completion within the specified time.

The evidence requested may include the following:

1. Address and description of the Bidder's plant or permanent place of business.

2. Bidder's performance records for all Work awarded to or started by Bidder within the past three years.

3. An itemized list of the Bidder's equipment available for use on the proposed Contract.

4. Bidder's financial statement, including statement of ownership of equipment necessary to be used in executing Work under Contract.

5. Evidence that the Bidder is authorized to do business in the state in which the project is located, in case of a corporation organized under the laws of any other state; and,

6. Such additional information as will satisfy the Owner that the Bidder is adequately prepared to fulfill the Contract.

1.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

(A) It is the responsibility of each Bidder before submitting a Bid, to:

1. Examine the Contract Documents thoroughly,

2. Visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work,

3. Consider federal, state, and local Laws and Regulations that may affect cost, progress, performance, or furnishing of the Work; and

4. Study and carefully correlate Bidder's knowledge and observations with the Contract

Documents and such other related data; and

5. Promptly notify the Engineer in writing of conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between Contract Documents and such related documents.

6. Purchase official Procurement Documents from the Engineer in order to be included on the project Plan Holder List and be considered eligible for bidding.

(B) Reference is made to the Supplementary Conditions for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise

05-21-2025 00 21 13 - 2 Instructions to Bidders affecting cost, progress or performance of the Work which have been relied upon by the Engineer in preparing the Contract Documents.

1. If such reports are not included as appendices to the Contract Documents, the Owner will make copies available to any Bidder requesting them. These reports are included for reference only and are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents.

2. The Bidder may rely upon the general accuracy of the “technical data” contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for bidding or construction purposes.

3. Before submitting their Bid each Bidder will, at Bidder's own expense, make such additional investigations and tests as the Bidder may deem necessary to determine Bidder's Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

(C) On request, the Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of their Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such investigations and tests.

(D) The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by the Contractor in performing the Work are identified in Section 01 11 00 - Summary of Work, or on the Plans.

(E) The locations of utilities as shown on the Plans are taken from sources believed to be reliable.

Neither the Owner nor the Engineer will be responsible for any omissions of, or variations from, the indicated location of existing utilities which may be encountered in the Work.

1. The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article, that without exception the Bid is based upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown, indicated or required by the Contract Documents, that Bidder has given the Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in Contract Documents and the resolution by the Engineer is acceptable to Bidder, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performing and furnishing the Work, and that the time stated in the Proposal is sufficient to complete the project.

1.4 PRE-BID CONFERENCE

(A) Not applicable.

1.5 INTERPRETATIONS AND ADDENDA

(A) Should any prospective bidder find discrepancies in, or omissions from the Plans, Specifications or other parts of the Contract Documents, he may submit a written request to the Engineer for an interpretation thereof. The person submitting the request will be held responsible for its prompt delivery at least seven (7) days prior to the date for opening of Bids.

Questions received less than seven (7) days prior to the date for opening of bids will not be answered. Any interpretation of inquiry will be made by Addendum duly issued to all prospective bidders.

(B) Any change in or addition to the Contract Documents deemed necessary by the Owner must be made in the form of an Addendum issued to all prospective bidders who have taken out Contract Documents and all such Addenda will become a part of the Contract Documents as

05-21-2025 00 21 13 - 3 Instructions to Bidders though same were incorporated into same originally. Oral explanations and information do not constitute official notification and are not binding.

1.6 BID SECURITY

(A) Bid Security must be made payable to the Owner, in an amount of five (5) percent of the

Bidder's maximum Bid price and in a form as indicated in Section 00 11 13 - Advertisement for Bids. Bid Bonds, if indicated as acceptable in Section 00 11 13, will be issued on the form included in the Contract Documents by a Surety meeting the requirements of paragraph 5.01 of Section 00 72 00 - General Conditions.

(B) The Bid Security of the Successful Bidder will be retained until such Bidder has executed Section 00 52 00 - Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notice of Award, the Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited.

(C) The Bid Security of any Bidder whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earliest of the seventh day after the "Effective Date of Agreement" (which term is defined in the General Conditions) or the expiration of the hold period on the Bids. Bid Security of other Bidders will be returned within 14 days of the Bid opening, unless indicated otherwise in the Advertisement.

1.7 CONTRACT TIME

(A) The number of days within which, or the date by which, the Work is to be Substantially

Completed, if applicable, and also completed and ready for final payment (the Contract Time) are set forth in the Agreement.

1.8 SUBSTITUTE AND “OR-EQUAL” ITEMS

(A) The Contract, if awarded, will be on the basis of materials and equipment described in the

Plans or specified in the Specifications without consideration of possible substitute or “or-equal” items.

(B) Whenever it is indicated in the Plans or specified in the Specifications that a substitute or an “or-equal” item of material or equipment may be furnished or used by the Contractor if acceptable to the Engineer , application for such acceptance will not be considered by the Engineer until after the effective date of the Agreement.

(C) In addition, in no case will the Engineer’s denial of the Contractor’s application give rise to any claim for additional cost, it being understood by the Contractor that acceptance of substitute or an “or equal” item of material is at the sole discretion of the Engineer.

1.9 RECEIPT AND FORM OF BID

(A) Bids must be submitted at the time and place indicated in the Advertisement for Bids and must be accompanied by the Bid Security and other required documents.

1. Bids must be submitted electronically only as specified herein.

(B) Bids received after the scheduled time and place indicated in the Advertisement for Bids will be returned unopened.

(C) Owner invites bids on the Proposal and any other form(s) attached thereto.

(D) The complete set of Contract Documents must be used in preparing Bids; neither the Owner nor the Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

(E) The quantities as shown in Section 00 42 43 - Proposal are approximate only and will be used as a basis of comparison of Bids, and award of Contract(s).

1. Payment will be made on basis of actual quantities of Work performed in accordance with the Contract Documents.

05-21-2025 00 21 13 - 4 Instructions to Bidders

(F) Unit Prices must include such amounts as the Bidder deems proper for overhead, profit, taxes, General Conditions and such other incidentals as noted in the Contact Documents.

(G) Bidder must acknowledge of receipt of all Addenda as provided for in the electronic bidding platform. Failure to acknowledge Addenda will be cause for rejection of bid.

(H) The Legal Status of Bidder Form, located in Section 00 43 45 - Legal Status of Bidder, must be submitted with each Bid and must clearly state the legal position of a Bidder. In the case of a corporation, the home address, name and title of all officers must be given. In the case of a partnership, show names and home addresses of all partners. If an individual, so state. Any individual bid not signed by the individual must have attached, thereto, a power of attorney evidencing authority to sign.

(I) Other documents to be attached to the Proposal and made a condition thereof are identified in the Proposal.

(J) A tabulation of the amounts of the base bids and any alternates will be made available after the opening of Bids.

(K) Please follow these instructions carefully to submit a bid. Your bid may be considered non-responsive if it is not submitted as instructed below. Bids are considered received, when received by email at the Comptroller's Office or submitted at https://www.bidnetdirect.com/mitn EBS option for registered users. Bids must be received as noted above before the specified due date and time; late bids will not be considered. Each bid must be submitted separately and electronically.

1. Electronic Bid Submission Option - Login to Bidnetdirect website with your previously registered credentials at https://www.bidnetdirect.com/mitn. You must be a registered user to participate in electronic bid submission.

a. Find City of Dearborn Heights solicitation you are bidding for.

b. Click on "Place a Bid" button.

c. Select "Place a new Bid" radio button and click on continue. The create bid interface opens.

d. Click on "Documents" tab, select add file. You have the option to drag & drop or browse for your file. If you are using zip file, use zip file option. Selected files will appear in the file section. Once your files are uploaded, click on the Next button.

e. It will take you to the Pricing tab, and you will see a reminder to "don't forget to attach your pricing in the Documents section”. Select Next button on the next screen in the "exception" section, Select "No" or "Yes” In the "Bidder Compliance & Authentication" section. Enter your complete name and password when prompted. Click on "Submit Bid" button.

f. In the "bid submission confirmation" window select "No" or "Yes".

g. Next screen will confirm your bid submission and you will receive a confirmation number for your records.

2. Bid Deposit - Each bid must be accompanied by a certified or cashier's check in the amount of 5% or 5% bid bond of the gross sum bid. You must submit a photocopy of the bid bond as part of your bid documents. If you choose to send a cashier's check instead, please mail to Comptroller's Office, City of Dearborn Heights , 6045 Fenton Avenue , Dearborn Heights, MI 48127 with the name of the bid, your complete address, and contact information. Please mail your cashier's check at least 7 business days prior to the bid opening date to make sure it will reach Comptroller's Office at the time of bid opening.

1.10 MODIFICATIONS AND WITHDRAWAL OF BIDS

05-21-2025 00 21 13 - 5 Instructions to Bidders

(A) Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

(B) If, within 24 hours after Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of their Bid, that Bidder may withdraw their Bid and the Bid Security will be returned.

1. Thereafter, at the sole option of the Owner, that Bidder will be disqualified from further

Bidding on the Work to be provided under the Contract Documents.

1.11 AWARD OF CONTRACT

(A) Owner reserves the right to reject any and all Bids for any reason, to waive any and all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced, or conditional Bids.

(B) Discrepancies between words and figures will be resolved in favor of words. Discrepancies in the multiplication of units of work and unit prices, will be resolved in favor of unit price.

(C) Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

(D) In evaluating Bids, the Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data if requested in the Bid forms. It is the Owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form but the Owner may accept them in any order or combination.

(E) Subject to the approval of the Owner, the Contract will be awarded to the lowest responsive and responsible Bidder. Responsibility of Bidder will be determined on basis of past performance and Work of similar character, equipment and labor available to do the Work and financial status.

(F) The Contract will be considered to have been awarded after the approval of the Owner has been duly obtained and a formal Notice of Award duly served on the successful Bidder by the Owner.

(G) If the Contract is to be awarded, the Owner will give the successful Bidder a Notice of Award within 60 days after the day of the Bid opening, unless such other time is specified in the Advertisement for Bids.

(H) The Contract will not be binding upon the Owner until the Agreement has been duly executed by the Bidder and the duly authorized officials of the Owner.

1.12 SIGNING OF AGREEMENT

(A) Within fifteen (15) days after the Owner gives a Notice of Award to the successful Bidder, the

Contractor must sign and deliver the specified number of counterparts of the Agreement to the Owner with all other Contract Documents attached.

(B) Within ten (10) days thereafter, the Owner will deliver one (1) fully signed counterpart to the Contractor. Engineer will identify, date or correct those portions of the Contract Documents not fully signed, dated or executed by the Owner and the Contractor and such identification, dating or correction will be binding on all parties.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

05-23-2025 00 42 43 - 1 Proposal

SECTION 00 42 43

PROPOSAL

Owner: City of Dearborn Heights

Project: Warren Valley Parking Lot

Project Location: 26140 W. Warren, Dearborn Heights, MI 48127

BIDDER INFORMATION

Bidder Name:

By (Printed Name):

Signature:

Address:

Phone No:

Email:

Bidder proposes and agrees, if their Bid is accepted, to enter into an Agreement with the City of Dearborn Heights in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Agreement, and in accordance with the Contract Documents.

In submitting their Bid, Bidder represents, as more fully set forth in the Agreement, that:

Bidder has examined copies of Contract Documents, (consisting of Plans dated Ready for Bidders date (Typically the date it's issued for bid) and Project Manual dated Ready for Bidders date (Typically the date it's issued for bid)) which Bidder understands and accepts as sufficient for the purpose, including any and all Addenda officially issued, the receipt of which has been acknowledged.

A. Addendum _______ Acknowledged by: Date:

B. Addendum _______ Acknowledged by: Date:

C. Addendum _______ Acknowledged by: Date:

Bidder has examined the surface and subsurface conditions where the Work is to be performed, the legal requirements and local conditions affecting cost, progress, furnishing or performance of the Work, and has made such independent investigations as Bidder deems necessary.

Bidder, by submitting a Bid, agrees that their Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any Agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner.

05-23-2025 00 42 43 - 2 Proposal

Bidder agrees to complete the Work, in accordance with the Contract Documents, for the following Contract Price:

Base Bid:

Item Description Quantity Unit Unit Price Amount 1 Mobilization, Max. 5% 1 Lump Sum $___________ $___________

2 Traffic Maintenance and Controls 1 Lump Sum $___________ $___________

3 Inlet Filter 12 Each $___________ $___________

4 Soil Erosion Silt Fence 2,500 Feet $___________ $___________

5 Curb and Gutter Remove 200 Foot $___________ $___________

6 Sidewalk Remove 50 Square Foot $___________ $___________

7 HMA Surface Remove 26,000 Square Yard $___________ $___________

8 Subgrade Undercutting, 21AA, Limestone 500 Cubic Yard $___________ $___________

9 Reconstruct Structure 24 V. Feet $___________ $___________

10 Maintenance Gravel 30 Ton $___________ $___________

11 Adjust Structure 12 Each $___________ $___________

12 Concrete Collar 12 Each $___________ $___________

13 Catch Basin Cover 12 Each $___________ $___________

14 Grading 1 Lump Sum $___________ $___________

15 Bituminous Pavement, Leveling Course, 4EML 3,800 Ton $___________ $___________

16 Bituminous Pavement, Wearing Course, 5EML 2,300 Ton $___________ $___________

17 Curb and Gutter, Concrete, Straight Curb 200 Foot $___________ $___________

18 Sidewalk Ramp, Concrete 6-inch 50 Square Foot $___________ $___________

19 Remove Sign and Post 8 Each $___________ $___________

20 Post, Steel, 3 Pound 143 Feet $___________ $___________

21 Handicap Sign 11 Each $___________ $___________

22 Handicap Van Sign 2 Each $___________ $___________

23 Pavt Mrkg, Waterborne, 4-inch White 12,000 Foot $___________ $___________

24 Pavt Mrkg, Waterborne, 4-inch Blue 300 Foot $___________ $___________

25 Pavt Mrkg, Waterborne, Handicap Symbol 11 Each $___________ $___________

26 Restoration with 3-inches Topsoil and Nursery Sod 3,000 Square Yard $___________ $___________

Total Base Bid Price (Items 1 through 26) $

Bid Alternate 1:

Item Description Quantity Unit Unit Price Amount 27 Curb and Gutter, Concrete, Spill Out Curb 1,900 Feet $___________ $___________

Total Bid Alternate 1 Price (Item 27) $

05-23-2025 00 42 43 - 3 Proposal

Bid Alternate 2:

Item Description Quantity Unit Unit Price Amount 28 Earth Excavation 200 Cubic Yard $___________ $___________

29 Adjust Structure 1 Each $___________ $___________

30 21AA Aggregate, Limestone 8-inch 500 Square Yard $___________ $___________

31 Bituminous Pavement, Leveling Course, 4EML 75 Ton $___________ $___________

32 Bituminous Pavement, Wearing Course, 5EML 45 Ton $___________ $___________

33 Pavement Marking, Waterborne, 4-inch White 400 Feet $___________ $___________

Total Bid Alternate 2 Price (Items 28 through 33) $

Bidder, by submitting a Bid, thereby certifies that Bidder or a qualified designated person in Bidder's employ has examined the Contract Documents provided by the Owner for bidding purposes. Further, they certify that Bidder or Bidder's qualified employee has reviewed the Bidder’s proposed construction methods and finds them compa tible with the conditions which Bidder anticipates from the information provided for Bidding.

Bidder, by submitting a Bid, agrees to complete the Work under any job circumstances or field conditions present and/or ascertainable prior to bidding. In addition, Bidder agrees to complete the Work under whatever conditions Bidder may create by Bidder's own sequence of construction, construction methods, or other conditions he may create, at no additional cost to the Owner.

Bidder, by submitting a Bid, declares that Bidder has familiarized them self with the location of the proposed Work and the conditions under which it must be constructed. Also, Bidder has carefully examined the Plans, the Specifications, and the Contract Documents, which Bidder understands and accepts as sufficient for the purpose, and agrees that Bidder will Contract with the Owner to furnish all labor, material, tools, and equipment necessary to do all Work specified and prescribed for the completion of the Project.

Bidder will provide a bid bond, in the amount of at least five (5) percent of the amount Bid, drawn payable to City of Dearborn Heights as security for the proper execution of the Agreement.

Bidder, by submitting a Bid, agrees that if awarded Contract, to sign the Agreement and submit satisfactory bonds and certificates of insurance coverage and other evidence of insurance required by the Contract Documents within 15 days after the date of Owner's Notice of Award.

Bidder, by submitting a Bid, agrees that time is of the essence and, if awarded Contract, that the Work will be Completed on or before the dates/days as specified in the Agreement.

Liquidated damages, as specified in the General Conditions, Supplementary Conditions and Agreement, will also apply to the Substantial Completion date.

Engineering and inspection costs incurred after the final completion date will be paid by the Contractor to the Owner as specified in the Conditions of the Contract and Agreement.

Proposals may not be withdrawn for a period of 60 days after bid opening.

The following documents are made a condition of this Proposal:

A. Required Bid Security

B. Legal Status of Bidder

C. Non-Collusion Affidavit

05-21-2025 00 43 13 - 1 Bid Bond Form

SECTION 00 43 13

BID BOND FORM

KNOW ALL BY THESE PRESENT, that we, the undersigned, ___________________ as Principal, hereinafter called the Principal, a corporation duly organized under the laws of the State of ____________________, and duly authorized to transact business in the state of Michigan, as Surety, , hereinafter called the Surety, are held and firmly bound unto the Owner, hereinafter called Owner, in the sum of _______________________________________ Dollars ($_________________) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a Bid for Warren Valley Parking Lot .

NOW, THEREFORE, if the Owner accepts the Bid of the Principal and the Principal will enter into a Contract with the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such Bond or Bonds, if the Principal pays to the Owner the difference not-to-exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation will be null and void, otherwise to remain in full force and effect.

Signed and sealed this ___________ day of ____________________, 20 .

(Witness) (Principal)

(Title)

(Witness) (Surety)

(Title)

05-21-2025 00 43 45 - 1 Legal Status of Bidder

SECTION 00 43 45

LEGAL STATUS OF BIDDER

(The Bidder should check the appropriate box and complete the information requested therein)

☐ A corporation, duly authorized and doing business under the laws of the State of Michigan, for whom whose signature is affixed to this Bid, is duly authorized to execute contracts.

☐ A limited liability company, duly authorized and doing business under the laws of the State of Michigan, for whom , whose signature is affixed to this Bid, is duly authorized to execute contracts.

☐ A partnership, all partners with their addresses are:

☐ An individual, whose signature is affixed to this Bid.

05-21-2025 00 45 13 - 1 Statement of Bidder's Qualifications

SECTION 00 45 13

STATEMENT OF BIDDER'S QUALIFICATIONS

This Proposal is submitted in the name of:

(Print)

The undersigned hereby designates the following business address to which all notices, directions or other communications may be served or mailed:

Street: City:

State: Zip Code:

The undersigned hereby declares their legal status as checked below:

☐ Sole Proprietor

☐ Sole Proprietor doing business under an assumed name

☐ Co-partnership

The Assumed Name of the Co-Partnership is registered in the County of , ☐ Corporation incorporated under the laws of the State of .

The Corporation is:

☐ authorized to conduct business in the State of

☐ not now authorized to conduct business in the State of

☐ possess all required licenses for the work being bid

☐ limited liability corporation

The name, titles, and home addresses of all persons who are officers or partners in the organization are as follows:

Name: _________________________________ Title: ________________________________

Address:

Name: _________________________________ Title: ________________________________

Address:

Name: _________________________________ Title: ________________________________

Address:

Name: _________________________________ Title: ________________________________

Address:

Signed this day of , 20

By:

Printed Name:

Title:

05-21-2025 00 45 19 - 1 Non-Collusion Affidavit of Prime Bidder

SECTION 00 45 19

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State of )

) ss:

County of )

, being first duly sworn, deposes and says that:

They are the of (Position) of (Firm), the Bidder that has submitted the attached Bid;

They are fully informed with respect to the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

Such Bid is genuine and is not a collusive or sham bid;

Neither the Bidder nor any of its officers, partners, members, managers, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, entity or person to submit a collusive or sham bid in connection with the Contract Documents for which the attached Bid has been submitted or to refrain from bidding in connection with the Contract Documents or has in any manner, directly or indirectly, sought by agreement, collusion, communication or conference with any other Bidder, entity or person to fix the price or prices in the attached Bid or that of any other Bidder or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against City of Dearborn Heights, or any person or other entity interested in the proposed Contract Documents; and

The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees or parties having interest, including this affiant.

Name of Bidder:

Signed By:

Title:

Subscribed and sworn to me this day of , 20 .

Notary Public

__________________________ County, Michigan

Acting in the County of:

Notary Seal My Commission Expires:

04-13-2025 00 51 00 - 1 Notice of Award

SECTION 00 51 00

NOTICE OF AWARD

Attention: Date:

Project: Warren Valley Parking Lot

Pursuant to the provisions of Article 1.11 of the Instructions to Bidders (Section 00 21 13), you are hereby notified that the (Owner) during a Meeting held on , , 20 has directed the acceptance of your Bid for the above referenced Project in the amount of Dollars ($________________________).

This Project consists of: A Base Bid consisting of resurfacing of approximately 26,000 square yards of HMA surface parking lot with miscellaneous curb and gutter, concrete pavement, ADA sidewalks, signs, and pavement markings, Bid Alternate 1 to include 1,900 feet of curb and gutter installation, and Bid Alternate 2 to include an additional pavement area consisting of 200 cubic yards of earth excavation, aggregate base, and 120 tons of HMA as delineated in your Bid submitted to City of Dearborn Heights on 07-07-2025.

Bid Alternate 1 and Bid Alternate 2 will be executed at the discretion of the Owner.

Please comply with the following conditions within15 days of the date of this Notice of Award; that is by _____________________, 20_______.

Deliver to Engineer ________ (________) fully executed counterparts of the Agreement (Section 00 52

00) including all the Contract Documents.

Deliver with the executed Agreement the Contract Security (Bonds), on the form included in the Contract Documents, as specified in the General Conditions (Article 5, Section 00 72 00).

Deliver with the executed Agreement the Insurance Certificates (and other evidence of insurance) as specified in the General Conditions (Article 5, Section 00 72 00).

Please do not date Agreement and Contract Security (Bonds), as these will be dated by the Owner when executed by them.

It is important to comply with these conditions and time limits as failure to comply with these conditions within the time specified will entitle Owner to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited.

Within10 days after you comply with those conditions, Owner will return to you 2 fully signed counterparts of the Agreement with the Contract Documents attached.

In accordance with paragraph 2.05 of the General Conditions (Section 00 72 00), please submit to Engineer the required schedules prior to the scheduling of a Pre-Construction Meeting.

Owner:

Authorized Signature:

Copy to Wade Trim Associates, Inc.

05-23-2025 00 52 00 - 1 Agreement

SECTION 00 52 00

AGREEMENT

This Agreement for Warren Valley Parking Lot (hereafter “Agreement”), is entered into between the City of Dearborn Heights (hereafter "Owner") and ________________________________________________ (hereafter "Contractor"). Owner and Contractor (hereafter collectively referred to as “the Parties”, or individually and generically referred to as “Party”) agree as follows:

ARTICLE 1. INCORPORATION OF THE BID SPECIFICATIONS, CONTRACTOR’S PROPOSAL, AND

OTHER CONTRACT DOCUMENTS BY REFERENCE

1.1 Background. The Parties acknowledge that Owner issued its Bid Specifications Package related to a Base Bid consisting of resurfacing of approximately 26,000 square yards of HMA surface parking lot with miscellaneous curb and gutter, concrete pavement, ADA sidewalks, signs, and pavement markings, Alternate Bid 1 to include 1,900 feet of curb and gutter installation, and Alternate Bid 2 to include an additional pavement area consisting of 200 cubic yards of earth excavation, aggregate base, and 120 tons of HMA. The Parties acknowledge that the Bid Specifications Package was a set of documents titled Warren Valley Parking Lot and prepared by Wade Trim Associates, Inc. The Parties also acknowledge that this Bid Specifications Package described and specified many of the duties, responsibilities, and obligations that the Contractor selected by Owner to do the work pursuant to the Bid Specifications Package would be required to perform and/or meet. Moreover, the Parties acknowledge that Contractor submitted its completed Proposal to Owner in response to the Bid Specifications Package which led to the Owner selecting it to be the Contractor chosen to perform the work required by this Agreement.

1.2 Contract Documents. The Contract Documents include all of the following which presently exist or which may come to exist in the future: Bid Specifications Package (including all parts of it as described in Section 1.1 above); Contractor's completed Proposal; this Agreement; the Notice of Award;

documentation submitted by Contractor prior to Notice of Award; and any Modification or Addendum to this Agreement, including any Change Orders, duly approved and delivered after execution of this Agreement.

1.3 General Incorporation by Reference. The Parties agree that the Contract Documents are incorporated herein and made a part hereof by reference. The Parties further agree that (A) the Contractor shall fulfill the duties, responsibilities, and obligations of the Contractor as described in the Contract Documents and

(B) the Owner shall fulfill the duties, responsibilities, and obligations of the Owner as described in the Contract Documents. The only exceptions to these general requirements as set forth in this Section 1.3 are set forth in Section 1.4 below.

[THIS SPACE INTENTIONALLY BLANK]

05-23-2025 00 52 00 - 2 Agreement

1.4 Effect of this Agreement and Otherwise. This Agreement is intended to be consistent with the other Contract Documents. Still, this Agreement supersedes what is stated in the other Contract Documents to the extent that this Agreement and any of the other Contract Documents are inconsistent.

Notwithstanding what is stated in the preceding sentence, any Modification or Addendum to this Agreement (including any Change Orders) that has been duly approved as required by this Agreement and delivered after the execution of this Agreement shall supersede the other Contract Documents (including this Agreement) to the extent that the Modification or Addendum is inconsistent with any of the other Contract Documents.

ARTICLE 2. WORK

2.1 Generally. The Work will be substantially completed on or before August 22, 2025, and completed and ready for final payment in accordance with paragraph 14.11 of the General Conditions on or before September 22, 2025. The Work is generally described as follows: Warren Valley Parking Lot.

2.2 Performance Standards. Contractor shall perform all services in conformity with the standards and requirements set forth in the Contract Documents. Further, Contractor shall perform all services in a prompt, diligent and workmanlike manner and at a level of proficiency to be expected of a contractor with the personnel, equipment, expertise, background and experience that Contractor has represented that it has.

2.3 Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not Substantially Complete within the time specified in paragraph 2.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not Substantially Complete on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as penalty) Contractor shall pay Owner $2,500.00 for each day that expires after the time specified in paragraph 2.1 for Substantial Completion until the Work is Substantially Complete. Liquidated damages charged shall be deducted from the Contractor's progress payment.

ARTICLE 3. TERM

Work under this Agreement shall commence as soon as practicable after this Agreement is executed.

ARTICLE 4. CONTRACTOR’S COMPENSATION

Subject to Article 5 below, Owner shall pay Contractor for services actually performed and appropriately completed by Contractor as provided in the Contract Documents. Absent any further agreement between the Parties adjusting what Contractor is to be paid, the total amount to be paid to Contractor shall not exceed ____________________________________________________ ($________________) Dollars.

ARTICLE 5. PAYMENT PROCEDURES

5.1 Invoices. Contractor shall provide invoices on an ongoing basis to the Owner for the services the Contractor has provided to the Owner pursuant to this Agreement. Such invoices shall be submitted to Owner within a reasonable time of the services having been performed. Contractor shall submit such invoices to: Public Service Administrator, Dearborn Heights Department of Public Works, 24600 Van Born Road, Dearborn Heights, MI 48125.

05-23-2025 00 52 00 - 3 Agreement

5.2 Owner's Verification of Propriety of Payment. Before Owner can actually pay an invoice submitted by Contractor, Owner must verify and confirm that it is appropriate for Owner to pay it. Ordinarily, this requires any such invoice to be reviewed by Owner to determine the propriety of it being paid in three (3) steps: (A) The Owner's Department of Public Works and/or City Engineer will review the invoice, confirm that it is appropriate, and submit it to the Owner's Mayor. (B) The Owner's Mayor will review the invoice, confirm that it is appropriate, and submit it to the Owner's City Council. (C) The Owner's City Council will review the invoice, confirm that it is appropriate, and approve payment of it. Provided the Mayor does not veto the motion approving the payment, the Owner will thereafter send payment to the Contractor. The Parties agree that the Owner shall have a reasonable amount of time to verify the propriety of paying any invoice submitted by Contractor in light of the foregoing process. Further, the Parties agree that the Owner shall have such additional time as may be reasonably necessary in order to verify the propriety of paying any invoice submitted by Contractor based on the need to obtain further information, advice, and explanations related to things set forth in the invoice.

5.3 Payment. After Owner has had a reasonable time to verify the propriety of paying an invoice submitted by Contractor in light of the foregoing sections, Owner shall promptly pay Contractor per the terms of the invoice provided the services stated in the invoice were actually performed as provided in the Contract Documents, the invoice is completely accurate, and the services were appropriately completed by Contractor as provided in the Contract Documents.

5.4 Progress Payments and Retainage. Progress payments and retainage under this Contract are governed by the provisions of PA 1980, No. 524 (MCLA 125.1561 et seq.). That Act is incorporated herein by reference and made a part of this Contract. Without excluding any provisions of the Act from this Contract, but in order to comply therewith and summarize certain provisions, the following shall apply:

(A) The person representing the Contractor who will submit written requests for progress payments shall be:

(B) The person representing the Owner to whom requests for progress payments are to be submitted shall be: Mr. Ali Dib, City Engineer.

(C) The Contractor's representative, listed above, shall submit Applications for Payment on the form provided in the Contract Documents in accordance with Article 14 of the General Conditions. Applications for Payment will be processed as provided in the General Conditions.

ARTICLE 6. CONTRACTOR'S REPRESENTATIONS

Contractor has made the following material representations to the Owner which have induced the Owner to enter in to this Agreement:

(A) Contractor has considered the nature and extent of the Contract Documents, Work, locality, and all local conditions and federal, state and local laws, and regulations that may affect cost, progress, performance, or furnishing of the Work.

(B) Contractor has given Owner written notice of any conflicts, errors, or discrepancies that it has discovered in the Contract Documents; and the Owner's written resolution of same is acceptable to Contractor.

05-23-2025 00 52 00 - 4 Agreement

ARTICLE 7. EMPLOYMENT LAW AND TITLE VI PLAN COMPLIANCE

7.1 Employment Law Compliance. Contractor shall, where applicable, employ others within the regulations of all Federal, State and Local laws and ordinances and regulations relating to minimum wages, social security, unemployment insurance, worker's compensation, and other employment laws.

Pursuant to the Elliott-Larsen Civil Rights Act, Public Act 453 of 1976, as amended, and the Persons with Disabilities Civil Rights Act, Public Act 220 of 1976, as amended, Contractor shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, marital status, or a disability unrelated to the individual’s ability to perform the duties of a particular job or position. As stated in the preceding sentence, Contractor shall require a similar covenant on the part of any Subcontractor employed in the performance of this Agreement. To the extent required by law, Contractor shall post in conspicuous places, available to employees and applicants for employment, notices provided by the appropriate governmental agency(ies) setting forth the fact that Contractor is an "Equal Opportunity Employer", appropriate non-discrimination provisions, and appropriate notices regarding employment rights.

7.2 Title VI Plan Compliance. Appendix A is attached hereto and is included as part of the Owner's obligation to the Michigan Department of Transportation to require Appendix A. Contractor agrees that Appendix A is a material part of this Agreement and is incorporated herein by reference. Contractor has the duties and obligations of “Contractor” or “contractor” as set forth in Appendix A. Notwithstanding what is otherwise stated in this Section 7.2, this Section 7.2 only applies and Appendix A is incorporated into this Agreement and made a material part of it strictly to the extent that this Section 7.2 and Appendix A are actually applicable to the undertakings set forth in this Agreement under applicable law.

7.3 Non-Compliance. In the event of any breach of any of the non-discrimination covenants set forth in Section 7.1 above and/or the Title VI Plan covenants set forth in Section 7.2 above, the Owner shall have the right to terminate this Agreement, a breach of said covenants in either of these provisions being deemed a material breach of this Agreement.

ARTICLE 8. ASSIGNMENT

8.1 In General. Contractor may not assign or partially assign this Agreement without first securing Owner 's prior written approval of the proposed assignment and without first securing Owner's prior written approval of the proposed assignee. Any such consent to the assignment must be executed with the same formalities as are necessary under this Agreement to effectuate an amendment to this Agreement. Owner may withhold its consent to any proposed assignment for any reason as it determines in its sole discretion.