112_E._Wilkins_-_DEMOLITION.pdf

December 27, 2024

REQUEST FOR QUOTATION

QUOTES DUE ON OR BEFORE: Friday, January 10, 2025, 9:00 AM

PLEASE RETURN QUOTATION TO: PLEASE DIRECT INQUIRIES REGARDING

THIS QUOTE TO: (517) 768-6401 https://procurement.opengov.com/portal/cityofjackson

Please quote in the space indicated for the demolition and removal of the structure(s) described below. In addition to the attached requirements, each location will have additional requirements, as listed below.

ADDRESS

GREENING COSTS

DEMOLITION

COST

(E)

ASBESTOS

ABATEMENT

COST

(F)

TOTAL COST

(A+B+C+D+E+F)

DIRT

(A)

GRADE

(B)

SEED

(C)

SIDEWALK

(D)

HOUSE LOCATED AT

112 E. WILKINS ST.

Special Conditions to include: ORDERED DEMOLITION

1) Hazardous materials must be abated in accordance with MIOSHA and DEQ regulations and the attached Pre-Demolition Compliance Survey assessment.

2) Compact all clean backfill material with a hoe-pack or vibrating roller compactor.

3) Remove 1 curb(s) cut(s) and entry approach(s). (16’ lineal feet)

4) Install 20 lineal feet of curb and gutter.

5) Remove and replace 40 lineal feet of cracked, heaved and broken public sidewalks. (raise grade through walk to allow to cover tree roots and provide positive slope to ROW area)

6) See enclosed water and sewer service records for approximate location and any special instructions for shared services. If no service card is provided it is the contractor’s responsibility to ensure that neighboring water and sewer services are operational at the conclusion of the demolition.

1) Trees/shrubs: Remove all trees to N. of property to allow for site regrade. Remove 5 marked trees to the NW corner of property. Remove all brush to the N and E to the alley way to allow for removal of all debris. Plant 2- 2 1/2” caliper street trees. Japanese Lilac, Cleveland Pear along E Wilkins ROW area.

Plant 2 2 ½” Maple trees on main site to locations selected by City of Jackson.

2) Miscellaneous: Remove driveway and concrete pads to N. Remove chain link fencing to N and W.

Remove N retaining wall extending to E alley to allow for full site regrade to blend with N. property.

Remove all overgrowth along alley to allow for full regrade. Remove all trash and debris from property and all debris that has extended to E alley.

This will be a winter work demolition project with 70% billable upon completion of all demolitions, tree and brush removals, removal of all retaining walls and listed debris and providing a quality bladed winter grade completed no later than March 14th, 2025. Final completion to bill remaining 30% for concrete, final grade/topsoil/seed/straw then completed no later than May 22, 2025.

https://procurement.opengov.com/portal/cityofjackson

SAM.GOV – Contractors must be registered with SAM.GOV to be eligible to work on federally funded projects. Registration is free.

https://sam.gov/content/entity-registration

Please provide your sam.gov Unique Identity Number (UIN):_______________ if you have received it. If you have applied for your UIN and have not received it, please indicate the date of application https://sam.gov/content/entity-registration

ALL LINES BELOW MUST BE COMPLETED FOR AWARD CONSIDERATION (Please type or print)

VENDOR NAME

MAILING ADDRESS

CITY, STATE, ZIP

TELEPHONE

FAX

EMAIL ADDRESS

SIGNED

PRINT/TIME SIGNATURE

TITLE

TERMS

The City of Jackson does not discriminate on the basis of religion, race, color, national origin, age, sex, height, weight, handicapped, or marital status as to: access, availability, employment, or participation in any of its programs and activities.

The City reserves the right to reject any and all bids and to waive minor irregularities and/or technicalities in the bids.

All work performed under this contract shall conform to the City of Jackson's General Building Regulations. Contractor must have a RESIDENTIAL BUILDERS LICENSE OR A HOUSE WRECKING

(R) MAINTENANCE AND ALTERATION CONTRACTOR. Work shall begin no later than 10 days after receipt of purchase order. All work shall be completed no later than 20 days after receipt of purchase order. Liquidated damages will be assessed at $1,000/day for each day the work remains incomplete beyond the time limits as specified herein.

All demolition debris shall be removed to a state licensed type II or type III landfill. The contractor shall include with the bid an estimated number of cubic yards of debris that will be removed from the demolition site in the space provided below. Before payment of this contract can be processed, the contractor shall furnish receipts from the landfill as proof that all debris removed from the demolition site has been disposed of properly.

The City reserves the right to reject any and all bids and to waive minor irregularities and/or technicalities in the bids.

AGREEMENT

THIS AGREEMENT, made and entered into this day of , 2025, by and between the City of Jackson, Michigan, a Michigan municipal corporation, herein "the City", and whose address is herein "the Contractor".

WITNESSETH:

WHEREAS the City deems it necessary to undertake the herein described Project; and

WHEREAS the City has advertised for sealed proposals for said Project; and

WHEREAS the Contractor submitted a proposal for said Project which was accepted by the City as the lowest responsible Quote, and

WHEREAS the City has in all other respects complied with requirements for entering into this Agreement; and

WHEREAS the persons executing this Agreement are duly authorized by the respective parties;

NOW, THEREFORE, for, and in consideration of, the recited promises and the mutual covenants and agreements herein contained, the parties hereto agree as follows:

I. A. Contractor agrees to provide all equipment, material, supplies, labor, and services necessary to commence and complete the project as described in the Contract Documents; and

B. Contractor agrees to perform all work described in the Contract Documents in a substantial and workmanlike manner, and to comply with all the requirements in the Contract Documents at the unit prices' Quote for the total sum of _____________________________________________.

C. Contractor agrees to commence and to complete all work within the time limit as listed in the Specifications.

II. The City agrees to pay the Contractor in the manner, and at such times, as set forth in the Contract Documents.

III. This Agreement includes all the Contract Documents listed in the General Conditions, which are fully incorporated by reference whether attached or not.

IV. Contractor covenants and agrees that it will be bound by the terms of the attached Equal Employment Opportunity Clause.

V. This Agreement is binding on the parties hereto, and their respective heirs, personal representatives, and assigns.

VI. The provisions of the City of Jackson's Purchasing Manual as last amended shall, where applicable, be binding on all transactions.

VII. To the extent permitted by law, all debris and other construction materials removed from the site shall be the property of the Contractor and shall be entirely within the control of the Contractor. Contractor agrees to indemnify, defend, and save the City of Jackson, its agents, servant, employees, or representatives (hereinafter “the City”), harmless from and against all costs, losses, claims, demands, suits, actions, payments, judgments, or expenses, legal or otherwise, which may occur, arise, or alleged to have occurred or arose from personal injuries, property damage, bodily injury, or otherwise, brought or recovered against the City for any reason of any act or omission, without limitation or exception, of the City, the Contractor, its agents, employees, subcontractors, or representatives, in the course of, or arising out of, the performance, execution or guarding of all work or services relating to the debris or construction materials.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three (3) counterparts, each of which shall be deemed an original, the day and year above written.

CITY OF JACKSON, MICHIGAN

a Municipal Corporation

By Witness Daniel J. Mahoney, Mayor

By Witness Andrea Muray, City Clerk

Company Name By Witness Signature

Please print or type name

Title

APPROVED AS TO SUBSTANCE: APPROVED AS TO FORM:

Jonathan Greene Matthew M. Hagerty City Manager City Attorney

GENERAL CONDITIONS

I. DEFINITION OF TERMS USED: The terms used in the Contract Documents are defined as follows:

A. "City" shall mean the City of Jackson, Michigan, a municipal corporation, or the City department responsible for overseeing the performance of the work.

B. "Contract Documents" shall include the following:

Request for Quotation Agreement Insurance Certificate Change Orders

Notice to Proceed Specifications General Conditions

Plans and Drawings Quote Proposal All other documents attached hereto

C. "Contractor" shall mean the person or persons, firm partnership, company or corporation who has contracted for the completion of the work specified in the contract documents.

D. "Work" shall mean the services to be performed by the Contractor as set forth in these contract documents.

II. CONTRACTOR'S OBLIGATIONS:

A. Schedule of Work: The Contractor shall, prior to start of construction, submit to the City for approval a practicable and feasible schedule, showing the order in which he proposes to carry on the work. The schedule shall be in the form of a progress chart of suitable scale to indicate approximately the percentage of work scheduled for completion at any time.

B. Drawings and Specifications: The drawings and specifications are so drafted as to indicate the conditions existing to the best knowledge and belief of the City but are not guaranteed 100 percent accurate. Should any inconsistency or error appear or occur in the drawings and/or specifications, the Contractor shall report it to the City and obtain proper adjustments before proceeding with the work. In the case where soil borings have been made, and logs thereof are recorded, the information is offered to the Contractor merely as evidence and the Contractor himself must assume entire responsibility for any conclusions which he may draw from it.

C. Performance and Completion of Work: Contractor shall provide all labor, materials, tools, and equipment for proper execution of work in accordance with contract documents and shall complete and deliver work to the City within the specified time. The Contractor shall furnish sufficient forces, construction plant and equipment as may be necessary to ensure the progress of the work in accordance with the approved progress schedule. If, to maintain satisfactory progress, it is necessary to increase the workforce or to work overtime, such additional work shall be without additional cost to the City.

Failure of the Contractor to comply with the requirements of the Contract under this provision will be grounds for determination by the City that the Contractor is not pursuing the work with such diligence as will ensure completion within the specified time limits. Upon such determination by the City, it may terminate the Contractor's right to proceed with the work, in accordance with the provisions governing Termination of Contract in these General Conditions.

D. Materials and Workmanship: All materials shall meet the requirements of the applicable specifications and shall be installed or used in accordance with the directions of the manufacturer. All work shall be done in a good, substantial, workmanlike manner, by appropriately licensed workmen.

E. Superintendence by Contractor: The Contractor shall give his personal superintendence to the work or have a competent foreman or superintendent, satisfactory to the City, on the work at all times during progress, with authority to act for him. The Contractor shall also be responsible for the general supervision and coordination of work among the various subcontractors.

F. Permits, Fees, and Notices: The Contractor shall secure and pay for the abatement and demolition permits, if required, and all other permits and governmental fees, licenses, and inspections necessary for proper execution and completion of the Work.

The Contractor shall comply with and give notices required by laws, ordinances, rules, regulation, and lawful orders of public authorities bearing on performance of the Work.

All work shall comply with all requirements of all current ordinances, laws and regulations of all federal, state, and local authorities having jurisdiction. The Contractor shall be responsible for requesting, obtaining, and paying for inspections of his work as required by said authorities.

If the Contractor observes that portions of the Contract Documents are at variance with applicable laws, statutes, ordinances, building codes, or rules and regulations, the Contractor shall promptly notify the City in writing, and necessary changes shall be accomplished by appropriate modification. If the Contractor performs Work contrary to laws, statutes, ordinances, building codes, or rules and regulations without such notice to the City, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs.

G. Protection of Property and Structures: The Contractor shall carefully protect the property of the City, adjacent properties and structures, and utilities both above and below the surface of the ground. All damages to property, existing structures, trees, and shrubs will be remedied by the Contractor by repairing or replacing the same as incidental to the work, and no extra compensation will be allowed.

H. Protection and Preservation of Land Monuments and Property Line Marks: The Contractor shall protect carefully from disturbance or damage, all land monuments and iron pins or other markers which establish property or street lines, provided that where such monuments or marker must, of necessity, be disturbed or removed in the performance of the contract, the Contractor shall first give ample notice to the

City, so that he may witness or reference in such monuments or markers. Should the Contractor disturb, remove, or damage any established land monument or property or street line mark without first giving the

City ample notice, the City may, at his option, deduct the cost of reestablishing such monuments or markers from any monies due or to become due the Contractor.

I. Safeguards: The Contractor shall at all times take every precaution to safeguard both employees and the public from hazards incidental to the work, and shall comply with all applicable provision of Federal, state and Municipal Safety Laws and Codes. When required, safeguards shall include watchmen, traffic signalmen, railing, barricades, and lights employed in such a manner as to afford maximum safety.

J. Use of Premises: The Contractor shall confine his apparatus, the storage of materials, and the operation of his workers to limits indicated by law, ordinance, permits, or direction of the City, and shall not unreasonably encumber the premises or streets with his equipment or materials. He shall further make every effort to maintain two-way traffic as often as possible. Whenever it becomes necessary to close off a street, permission of the City must be obtained. The Police Department, Fire Department, Traffic City, and local residents will be notified forty-eight (48) hours in advance of each closing by the Contractor.

K. Cleanup of Temporary Storage Site: At the completion of the work, the Contractor shall remove all rubbish, tools, equipment, temporary work and surplus materials from the temporary storage site and adjacent premises. If the Contractor does not attend to such cleaning as stipulated above when so requested by the City, the City may cause such cleaning to be done by others and charge the cost thereof to the Contractor. No portion of the work can be abandoned before the cleanup is completed, nor shall final payment be made prior to complete cleanup and acceptance by the City.

L. Water for Construction Use: If the Contractor intends to use water from the City system, he shall make application to the City Water Department, and pay all charges that may be imposed by the Water

Department. Adequate precaution shall be taken by the Contractor against freezing or waste of water. All use of any of the City fire hydrants shall be done in accordance with the requirements of the City Water

Department, and every effort will be made by the Contractor to use these hydrants in such a manner as not to interfere with the operation of the City Fire Department.

III. INSPECTION:

The City and its employees, agents or representatives shall at all times have access to the work whenever it is in preparation or in progress, and the Contractor shall provide proper facilities for such access and inspection.

The City shall have the right to reject materials and workmanship which are defective or do not comply with contract documents. Rejected workmanship shall be satisfactorily corrected and rejected materials shall be removed from the premises without charge to the City. If the Contractor fails to correct such defective work or remove rejected materials within a reasonable time, the City may remove them and charge the expense to the Contractor.

IV. PAYMENT:

A. See Specifications

B. Acceptance as Release: Contractor's acceptance of final payment shall be a release to the City of any and all claims of any nature Contractor may assert against City arising out of or relating to this work.

V. CHANGES TO THIS CONTRACT:

A. Change Orders: The City shall have the authority to order changes in the work through additions, deletions, or substitutions. Modifications, deletions, additions, or substitutions’ that change the scope of the work as designated by the contract plans, and extensions of time to complete the contract, shall be covered by a written order signed by the authorized representatives of the Contractor and the City. The contract sum shall be adjusted in accordance with unit prices and/or lump sum prices as Quote.

No verbal changes to, or verbal clarifications or verbal communications of any kind relating to any Quote specification are binding upon the City.

B. Extra Work: Being defined as work for which unit prices are not listed.

Compensation for such extra work shall be based on the actual cost to the Contractor for labor, materials, and equipment plus fifteen (15%) percent. The Contractor shall do such extra work as may be ordered by the City. Any extra work required in an emergency to protect life and property shall be performed by the Contractor as is necessary. The City shall be notified within 48 hours of start of any extra work, for which the Contractor shall keep a strict account of actual cost, and a written work order shall be made out as soon as practical to do so. "Extra work" submitted after the 48-hour limitation will not be reimbursed by the City.

C. Delays: Delays shall be separated into two (2) classifications as determined by the City. The classifications are as follows:

1. Delays for which the Contractor is responsible, and

2. The latter classification shall include delays caused by Acts of God, riots, strikes, shortages of materials which could not be avoided by reasonable foresight, national emergencies which might create delays, etc.

Delays falling into classification (2) above shall in no way affect the validity of the Contract, but the time limitation of the Contract shall be extended by the same amount of time as such delay may cause to be lost. The Contractor must notify the City within 48 hours of any delays falling into this classification.

D. Liquidated Damages: Should the work under these specifications not be finished within the time specified in the Notice to Proceed for any reason other than delays in classification (2) above, it is agreed that there may be deducted by the City from the final payment to the Contractor a sum computed at the rate of one thousand dollars ($1,000) per calendar day, beginning the day following the scheduled date of completion and continuing until the date of final acceptance of the work. Failure to complete a designated portion of the work according to its scheduled date of completion will also cause a sum computed at the rate of one thousand dollars ($1,000) per calendar day as above to be deducted from the final payment.

It is understood that the above deduction of one thousand dollars ($1,000) per calendar day is not a penalty, but money due, to be treated as liquidated damages to reimburse the City for the extra costs due to the delay in the completion of the work.

VI. VOIDABLE AND RESCINDABLE FOR FAILURE TO DISCLOSE CITY EMPLOYEE AS PARTY TO

CONTRACT:

This contract or agreement shall be voidable or rescindable at the discretion of the City at any time if a City employee who is a party to this contract or agreement or has a financial interest in this contract or agreement fails to disclose his or her interest as required by the City of Jackson Code of Ordinances (“the Code”). This contract or agreement is also voidable or rescindable if a lobbyist for the Contractor (as defined in Section 2-555 of the Code), or an agent of the Contractor, offers a gift, gratuity, honoraria, or payment that is prohibited by the Code to a City employee, the Mayor, an Elected Official, an Appointed Official, or a member of a board or commission of the City.

VII. TERMINATION BY THE CITY:

Should the Contractor, at any time, refuse or fail to prosecute the work with promptness and diligence, or in accordance with the contract documents, the City may, at its sole discretion, terminate the Contractor's right to proceed with that portion of the work by written notice to the Contractor. In such event, the City may enter upon the premises and for the purpose of completing work included under the contract, take possession of all suitable materials thereon and finish the work by whatever method it deems expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the expense of finishing work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable for and shall pay the difference to the City.

VIII. SECURITY:

A. Insurance: The Contractor will be required to show evidence of automobile and commercial general liability insurance, worker's compensation insurance and professional liability insurance (where applicable), which is acceptable to the City. The commercial general liability insurance policies shall name the City, its agents, representatives, officers, and employees as additional insured to protect their interests. Both bodily injury and property damage insurance must be on an occurrence basis; and said policies shall provide that the coverage afforded thereby shall be primary coverage to the full limits of liability stated in the declarations, and if said City, agents, representatives, officers, or employees have other insurance against the loss covered by said policies, that other insurance shall be excess insurance only. The Contractor shall secure and maintain during the progress of the work such insurance from financially responsible insurance companies, licensed in the State of Michigan, and approved by the City, that will protect the Contractor, its sub-Contractors, and the City from claims for bodily injury, death, or property damage which may arise from performance of the contract. The Contractor shall at the time of execution of the contract file with the City certificate(s) of insurance and endorsements, which shall cover all of the insurance as required herein. The certificates and endorsements shall reference the project or contract to which they apply. Upon request by the City, the Contractor shall submit all insurance policies for review. The amounts and types of such insurance shall be not less than the following:

1. Minimum required limits of liability:

(A) Comprehensive Commercial General Liability limits of at least:

a. Bodily injury, each occurrence ............................. $1,000,000

b. Bodily injury, aggregate........................................ $1,000,000

c. Property damage, each occurrence...................... $1,000,000

d. Property damage, aggregate................................ $1,000,000

(or in the alternative to a, b, c, d)

e. Bodily injury and Property Damage Combined Single Limit:

each occurrence................................................... $1,000,000 and aggregate ......................................................$1,000,000

(B) Automobile Liability Limits of at least:

a. Bodily injury, each person .................................. $1,000,000

b. Bodily injury, each occurrence............................. $1,000,000

c. Property damage, each occurrence.................... $1,000,000

(or in the alternative to a, b, c)

d. Bodily injury and Property Damage Combined Single Limit:

each occurrence.................................................. $1,000,000

2. Worker's Compensation and Employer's Liability Insurance as required by the State of Michigan for all Contractors’ employees and those of its sub-Contractors engaged in work under this contract with limits of not less than $500,000. If Contractor is a sole proprietorship and as such is not eligible for Worker's

Compensation Coverage, Contractor must submit proof of same, satisfactory to the City. If Contractor is otherwise not obligated to carry Worker's Compensation Coverage, Contractor must submit documentation from the Michigan Department of Labor (Form WC- 337 or its equivalent); and

3. If the contract requires any work procedures involving explosives, blasting, demolition, excavating, trenching, tunneling, underground work, or other dangerous activity as determined by the City, the property damage liability coverage shall include standard explosion, collapse and underground coverage (XCU) for property damage and bodily injury liability coverage with limits of $1,000,000 each occurrence and $1,000,000 aggregate; additionally, Contractor shall provide third party pollution liability insurance coverage with minimum limits of $1,000,000 per occurrence and $1,000,000 aggregate. The insurance shall name the City and its officers, employees, agents, and representatives as an additional insured party.

4. Each policy shall provide for thirty (30) days written notice of cancellation, expiration, termination, or change of policy to the City. The Contractor shall submit evidence of the coverage to the City for review and approval. The City will, in writing, identify the policies and indicate its approval or disapproval. New policies shall be provided to the City in place of all policies disapproved. Insurances which expire before Contractor's work is accepted by the City shall be renewed and evidence of such renewal shall be submitted to the City for approval.

5. The Contractor shall advise all insurance companies to familiarize themselves with all of the conditions and provisions of the contract, and insurance companies shall waive the right to special notification for any change or modification of the contract, extension of time, decreased or increased work, cancellation or of any other act or acts by the City or its authorized employees or agents pertaining to the contract. Failure to notify the aforesaid insurance companies of such changes shall in no way relieve the insurance companies of its obligation under the contract.

6. Nothing contained in these insurance requirements is to be construed as limiting the extent of the

Contractor’s responsibility for payment of damages resulting from its operations under this contract.

7. If the contract involves new construction, Contractor shall purchase and maintain an Owner's and

Contractor's Protective Liability insurance policy and property insurance upon the Work at the site in the amount of the full replacement cost thereof. The insurance shall

a. Include the interests of the City, Contractor, Subcontractors, and if applicable, Engineer, City's

Consultant, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured;

b. Be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by supplementary conditions. The form of policy for this coverage shall be Completed Value.

c. Include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of City’s and architects);

d. Cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location that was agreed to in writing by City prior to being incorporated in the Work; and,

e. Be maintained in effect until payment is made unless otherwise agreed to in writing by City and

Contractor with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued.

The policies of insurance required to be purchased and maintained by Contractor in accordance with this paragraph must be approved by City prior to commencement of construction.

C. Indemnification: The Contractor shall indemnify, defend, and save the City of Jackson, its agents, servants, employees, or representatives (hereinafter "the City), harmless from and against all costs, losses, claims, demands, suits, actions, payments, judgments, or expenses, legal or otherwise, which may occur, arise, or alleged to have occurred or arose from personal injuries, property damage, bodily injury, or otherwise, brought or recovered against the City by reason of any act or omission, without limitation or exception, of the City, the Contractor, its agents, Contractors, servants, employees, or representatives, in the course of, or arising out of, the performance, execution or guarding of all work or services relating to this contract. However, this provision does not indemnify, for the sole negligence of the City, in those situations described in Act 165 of the Public Acts of Michigan of 1966, as amended.

D. Liens: Neither the final payment nor the remaining retained percentage shall become due until the Contractor submits to the City (1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied, (2) consent of surety, if any, to final payment and (3), if required by the City, other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the City. If any lien or claim remains unsatisfied after all payments have been made, the Contractor shall refund to the City all moneys that the latter may be compelled to pay in discharging such lien or claim, including all costs and reasonable attorneys' fees.

E. Guarantee: The Contractor shall guarantee all materials and work performed under this Contract for the period of one year from the date final payment is made. The Contractor shall promptly make any corrections made necessary for reason of faulty materials or workmanship, including corrections of damage to other

City property resulting thereby, without cost to the City.

IX. ARBITRATION:

A. General: At the City's option, all claims, disputes, or questions arising out of or relating to these contract documents may be referred to arbitration for decision and award.

B. Selection: If the City elects to utilize arbitration, the parties may agree on one arbitrator; otherwise, a list of three (3) names shall be requested from the American Arbitration Association. Each party shall eliminate one (1) name from the list. After elimination, the one (1) name remaining, shall be the arbitrator who shall determine the dispute and/or award. If both parties eliminate the same name, then the remaining list of two (2) names shall be sent to the American Arbitration Association with a request to have them decide which arbitrator shall hear the case. Certified copies of the findings and/or award shall be filed with the City and the Contractor.

C. Compensation: The arbitrator shall make such rules as he or she shall determine equitable to govern the conduct of the investigation and determination of the award. The arbitrator shall fix the amount of the cost of the proceedings, including his or her fair and reasonable compensation and shall determine how the total cost shall be borne. All proceedings shall be pursuant to the American Arbitrator's Association rules.

D. Work to Continue: The Contractor will carry on the work during the time any arbitration is proceeding, unless agreed in writing by both parties that other arrangements shall be made.

X. MISCELLANEOUS:

A. Subcontracts: The Contractor agrees to be fully responsible to the City for the acts or omissions of his subcontractors and anyone employed directly or indirectly by him or them and this contract obligation shall be in addition to the liability imposed by law upon the Contractor.

B. Taxes: The Contractor shall include and be deemed to have included in his Quote and contract price all

Michigan sales and use taxes currently imposed by legislative enactment and as administered by the

Michigan Department of Revenue on the Quote date.

If the Contractor is not required to pay or bear the burden, or obtains a refund or drawback in the whole or in part of any Michigan sales or use tax, interest or penalty thereon, which was required to be and was deemed to have been included in the Quote and contract price, the contract price shall be reduced by the amount thereof and the amount of such reduction, whether as a refund or otherwise, shall insure solely to the benefit of the City of Jackson.

C. Assignments: The Contractor shall not assign this contract nor any monies to become due thereunder without the prior written consent of the City.

D. Social Security: The Contractor shall pay the contributions measured by wages of his employees required by the Social Security Act and/or the Public Acts of the State of Michigan and shall accept exclusive liability for said contributions both on account of employees carried directly on his payrolls and for those of his sub-

Contractors. The Contractor shall further indemnify and hold harmless the City on account of any contributions measured by the wages of employees of the Contractor or any sub-Contractor which may be assessed against the City under authority of said Act of State Law of Michigan.

E. Patents: The Contractor shall defend all suits or claims and shall save the City harmless for liability of any nature or kind, including costs and expenses for or on account of any patented invention, article, or appliance, manufactured or used in the performance of this contract.

F. Testing and Laboratory Service: All field and laboratory inspection and testing of materials prior to use will be provided for the City under a separate contract or arrangement. The manner and extent of such service, and the selection of the testing agencies, shall be established by the City.

Whenever such prior testing of materials shall indicate that such material does not meet specifications, the

Contractor may, at his own expense, make appropriate tests to prove otherwise. Final decision on acceptance or rejection of these materials shall be made by the City.

G. Interpretation of Contract Documents: If any doubt exists in the mind of the Contractor as to the correct meaning of any part of the drawings, specifications, or contract documents, he may submit a written request to the City for any interpretation of the intended meaning, and in so doing he must assume the responsibility for its delivery to the City.

In case of any discrepancy in the contract documents, the matter shall be immediately submitted to the City, without whose decision, said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense.

H. Access: The Contractor shall provide the City, the Department of Labor, or any authorized representative thereof; with access to any books, documents, papers, and records of the Contractor which are pertinent to this project for the purpose of making audit, examination, excerpts, and transcriptions.

I. Measurement and Payment. In the event the contract involves unit Quote pricing, such pricing shall govern over total dollar amounts unless indicated otherwise. Quantities of work completed under the contract shall be determined by the City using the standards or methods of measurement provided in the

Specifications, Special Provisions, Supplemental Specifications, or any other provision contained in the contract documents. Every attempt shall be made to measure quantity of work as fairly and accurately as possible; however, in the event of a discrepancy or dispute between the Contractor and the City, the City reserves the right to make final determination of the quantities of work completed in order to calculate the total cost of the work (Total contract amount.)

J. Coordination of Plans and Specifications: In case of discrepancy, figured dimensions shall govern over scaled dimensions and the parts of the contract will prevail over all other parts in the following order.

1. Demolition Special Conditions

2. Supplemental/Technical Specifications

3. Project Plans and Drawings

4. General Conditions The Contractor shall not take advantage of any apparent error or omission in the plans, specifications, or other contract documents and if any inconsistency, omission, or conflict is discovered in the plans, specifications, or other contract documents, or if in any place the meaning of the plans, specification, or other contract documents is obscured or uncertain or in dispute, the City will decide as to the true intent.

K. Notification of State or Federal debarment/suspension or violation. The Contractor shall notify the

City within seven (7) days of any State or Federal debarment, suspension, conflict of interest, or gross program violations. If such violations are reported, the contract shall be voidable at the option of the City.

L. WITHHOLDING. Contractor must require that its employees comply with the City of Jackson rules for withholding of income tax for work performed in the City of Jackson. In addition, all contracts between the

Contractor and any subcontractors must contain a provision requiring the subcontractor to comply with the

City of Jackson rules for withholding of income tax for work performed in the City of Jackson. Copies of such contract language must be provided to the City prior to commencement of work by the subcontractor.

M. Fines and Penalties. Any fines, penalties, or other monetary sanctions from any federal or state authority against the City that are a result of the actions or failure to act of the Contractor will be deducted from any payment that is due to the Contractor. If the fine, penalty or other monetary sanction is levied after

Contractor receives payment, Contractor shall reimburse the City within 10 days of written notice for all such fines, penalties, or monetary sanctions.

SPECIFICATIONS

All Quotes must be submitted via the City of Jackson e-Procurement Portal, https://procurement.opengov.com/portal/cityofjackson. Questions about this invitation to quote should be initiated in the Questions and Answers section of the project.

All Contractors shall complete the Quote and Award page(s) and submit all information requested herein in order for a Quote to be responsive. Late Quotes will not be considered.

A. ADDITIONAL INSTRUCTION TO CONTRACTORS

1. EXAMINATION OF QUOTE DOCUMENT: Before submitting a Quote, Contractors shall carefully examine the specifications and shall fully inform themselves as to all existing conditions and limitations. The Contractor shall indicate in the Quote the sum to cover the cost of all items included on the Quote form.

2. COMMUNICATIONS: All communications, any modifications, clarifications, amendments, questions, responses, or any other matters related to the Invitation For Quote (IFQ) must be made only through the Purchasing Department Contact noted on the cover of this IFQ. A violation of this provision is cause for the City to reject a Company’s Quote. No contact with other City employees is permitted and may be grounds for disqualification.

3. INVITATION FOR QUOTE MODIFICATIONS: Clarifications, modifications, or amendments may be made to the IFQ at any time prior to the Quote Deadline at the discretion of the City. It is the Contractor’s responsibility to periodically check the City’s website at http://www.cityofjackson.org/purchasing/available Quotes until the posted Quote Deadline to obtain any issued addenda.

4. PREPARATION OF QUOTE: The Quote shall be legibly prepared. The Quote shall be legally signed, and the completed address of the Contractor given thereon.

5. QUOTE SUBMISSION: Submit offer on Quote Form provided. Contractors are required to complete entire Quote Forms and supplements. The Contractor must return the Quote Form without detaching any sheets from it. Quotes must be submitted via the City of Jackson e-Procurement Portal, https://procurement.opengov.com/portal/cityofjackson. It is the Contractor’s responsibility to ensure their Quote is received prior to the Quote Due/Opening Date and Time deadline.

Submission of a Quote establishes a conclusive presumption that the Contractor is thoroughly familiar with the Invitation For Quote and that the Contractor understands and agrees to abide by each and all of the stipulations and requirements contained therein. The opening and reading of a Quote does not constitute the City’s acceptance of the Contractor as a responsive and responsible Contractor. All costs incurred in the preparation and presentation of the Quote, as well as any resulting contract, is the Contractor’s sole responsibility; no pre-award costs will be reimbursed to any Contractor.

6. EXPLANATION TO CONTRACTORS: Any information given to a prospective Contractor concerning the IFQ will be furnished to all prospective Contractors as an amendment or addendum to the IFQ if such information would be prejudicial to uninformed Contractors. Receipt of amendments or addenda by a Contractor must be acknowledged in the Quote. Oral explanation or instructions given prior to the opening will not be binding.

7. WITHDRAWAL OF QUOTE: Quotes may be withdrawn by written notice or in person by a Contractor or their authorized representative, provided their identity is made known and a receipt is signed for the Quote, but only if the withdrawal is made prior to the Quote Due/Opening Date and Time. No Quote may be withdrawn for at least ninety (90) days after the Quote Due/Opening Date and Time.

8. ALTERNATE QUOTES: Contractors are cautioned that any alternate Quote, unless specifically requested, or any changes, insertions, or omissions to the terms and conditions, specifications, or any other requirement of this IFQ may be considered non- responsive, and at the option of the City, may result in rejection of the alternate Quote.

9. LATE QUOTES: Any Quote received for this project after the exact date and time specified for receipt will not be considered.

10. DUPLICTATE QUOTES: No more than one (1) Quote from any Contractor, including its subsidiaries, affiliated companies, and franchises will be considered by the City. In the event multiple Quotes are submitted in violation of this provision, the City will have the right to determine which Quote will be considered, or at its sole option, reject all such multiple Quotes.

http://www.cityofjackson.org/purchasing/available

11. REJECTION: The City Manager reserves the right to reject any and all Quotes and to waive minor irregularities and/or technicalities in the Quotes. A Contractor’s failure to provide any additional information requested by the City prior to a Contractor selection may result in rejection of the Quote. The City may reject any Quote from any person, firm or corporation in arrears or in default to the City on any contract, debt, or other obligation, or if the Contractor is debarred by the City from consideration for a contract award. The City reserves the right to reject all nonconforming, nonresponsive, unbalanced, or conditional Quotes.

12. UNIT PRICES: If there is a discrepancy between unit prices and their extensions, unit prices shall prevail.

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

13. NON-DISCRIMINATION: The City of Jackson will not contract with any person or firm that discriminates against employees or applicants for employment because of any factor not related to job performance. The Contractor must comply with all federal, state, and local laws and policies that prohibit discrimination in employment contracts. The Contractor must include in its subcontracts provisions that prohibit subcontractors from discriminating in their employment practices.

14. QUOTE SIGNATURES: An authorized official must sign Quotes. Each signature represents a binding commitment upon the Contractor to provide the goods and/or services offered to the City if the Contractor is determined to be the lowest responsible Contractor. The Contractor must complete, sign, and have notarized the form regarding Authorization to Submit Quotes attached to this IFQ.

15. FOIA REQUIREMENTS: Quotes are subject to public disclosure after the deadline for submission in accordance with state law.

16. DISQUALIFICATION OF CONTRACTORS: Any one or more of the following causes may be considered for the disqualification of a Contractor as non-responsive and justification for the rejection of their Quote:

a. Evidence of collusion among Contractors;

b. Lack of competency as revealed by either financial, experience, capacity, or equipment statements;

c. Lack of responsibility as shown by past work;

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

17. SUBCONTRACTORS: The successful Contractor must provide a list of all subcontractors regardless of the dollar amount or percentage and the services they will provide. The successful Contractor must provide a copy of a contract between the successful Contractor and all subcontractors. The successful Contractor is responsible for all payments and liabilities of all subcontractors. In an effort to promote supplier diversity, The City encourages Contractors to identify and include qualified disadvantaged businesses as subcontractors when proposing to provide products and services to the City. The City reserves the right to approve or reject, in writing, any proposed subcontractor. If the City rejects any proposed subcontractor in writing, the successful Contractor shall be responsible for assuming the proposed subcontractor’s responsibilities. The successful Contractor may propose another subcontractor if it does not jeopardize the effectiveness or efficiency of the contract. Nothing contained in the IFQ or in the contract shall create or be construed as creating any contractual relationship between the subcontractor and the City. The Contract will not be assignable to any other business entity without the City’s approval.

18. EMPLOYEES: All workers employed on this project must be employed by the successful Contractor or their subcontractor(s). The successful Contractor is required to submit a list of all employees who may be working for the successful Contractor and their subcontractors on this project.

19. CONTRACTORS RESPONSIBILITY: The Contractor must be capable, either as a firm or a team, of providing the goods or services as described in the Specifications and/or Scope of Services, and to maintain those capabilities until notification of the fact that their Quote response was unsuccessful. Exclusion of any good or service for the IFQ may serve as cause for rejection of the Quote. The successful Contractor will be responsible for all goods and services in the IFQ whether they are provided or performed by the successful Contractor or subcontractors. Further, the City will consider the successful Contractor to be the sole point of contact with regards to contractual matters, including payment of any and all charges resulting from the cost of any contract.

20. CONTRACT COMMENCEMENT: Commencement of a contract shall not begin prior to all necessary City approvals, including City Manager approval where required, and receipt of a Notice to Proceed. Commencement of a contract without these approvals is solely at the Contractor’s own risk and is likely to result in no payment for services performed or goods received.

B. SPECIFICATIONS AND/OR SCOPE OF WORK

1. INTRODUCTION: Through this Invitation for Quote (IFQ) the City of Jackson hereby invites businesses who meet the qualifications and specifications set forth herein to submit Quotes for asbestos abatement, demolition of residential buildings and accessory structures, and site restoration at various locations throughout the City of Jackson.

2. QUOTE LIMITATION: The City of Jackson anticipates the overall average cost of hazardous material abatement and demolition of each property should not exceed $15,000.00. If the overall average cost of each property exceeds $15,000.00, the City of Jackson may, if it is in its best interest, deem the Quote as non-responsive.