20250912_IssuedForBid_Specs_rfs.pdf

SPECIFICATIONS

FOR

BAUERVIC WOODS PARK GREEN INFRASTRUCTURE

IMPROVEMENTS

CITY OF SOUTHFIELD

OAKLAND COUNTY, MICHIGAN

SEPTEMBER 2025

SOUTHFIELD PROJECT NO. 2614SFLD

HRC JOB NO. 20240589

555 Hulet Drive • P.O. Box 824

Bloomfield Hills, Michigan 48303-0824

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CITY OF SOUTHFIELD TABLE OF CONTENTS

BAUERVIC WOODS PARK 00010 / 1

GREEN INFRASTRUCTURE IMPROVEMENTS

Hubbell, Roth & Clark, Inc.

Job 20240589 y d e s i g n p r o j e c t d o c s s p e c s m a s t e r s p e c t o c c i v i l r d o c x P M

TABLE OF CONTENTS

NUMBER SECTION NAME PAGE NUMBER

BIDDING REQUIREMENTS - CONTRACT PROVISIONS

00001 Title Page ........................................................................................................................... 1 only

00010 Table of Contents ............................................................................................................. 1 and 2

City of Southfield Advertisement for Bids ........................................................................ 1 only

IB City of Southfield Instructions to Bidders .......................................................................1 thru 6

City of Southfield Supplemental Instructions ..................................................................1 thru 3

LWO City of Southfield Living Wage Ordinance .....................................................................1 thru 6

LWO-NOTC City of Southfield Living Wage Ordinance – Notice of Compliance ................................ 1 only

LWO-SS City of Southfield Living Wage Ordinance – Supplemental Specification ..................... 1 and 2

SBS City of Southfield Supplemental Bid Sheet .....................................................................1 thru 4

HCP City of Southfield Hazard Communication Program ........................................................ 1 only

NCA City of Southfield Non-Collusion Affidavit ...................................................................... 1 only

LSB City of Southfield Legal Status of Bidder ......................................................................... 1 only

PB City of Southfield Performance Bond ............................................................................. 1 and 2

LMB City of Southfield Labor and Material Bond ................................................................... 1 and 2

MGB City of Southfield Maintenance and Guarantee Bond ..................................................... 1 and 2

A City of Southfield Agreement ........................................................................................1 thru 11

PS City of Southfield Progress Schedule ................................................................................ 1 only

QATR City of Southfield Quality/Appearance/Timelines/Restorations ....................................... 1 only

EQ City of Southfield Equipment Questionnaire..................................................................... 1 only

NOA City of Southfield Notice of Award ................................................................................... 1 only

NTP City of Southfield Notice to Proceed ................................................................................. 1 only

SPN City of Southfield Supplemental Project Notes ...............................................................1 thru 3

City of Southfield Insurance Requirements ....................................................................... 1 only

00540 Contractor’s Affidavit ........................................................................................................ 1 only

00550 Contractor’s Declaration .................................................................................................... 1 only

00700E General Conditions-Engineer Layout ............................................................................1 thru 16

00702 Enrolled House Bill No. 5541 (Payment Regulation) .....................................................1 thru 4

00703 Enrolled House Bill No. 5607 (Contractor to Provide Notice) ........................................ 1 and 2

DIVISION 1 GENERAL REQUIREMENTS

01000 General Specifications .....................................................................................................1 thru 8

01001 Supplemental Project Requirements ................................................................................1 thru 9

01005 Administrative Provisions ...............................................................................................1 thru 5

01039 Coordination and Meetings..............................................................................................1 thru 4

01300 Submittals ........................................................................................................................1 thru 7

01310 Progress Schedules .......................................................................................................... 1 and 2

01400 Quality Control ................................................................................................................1 thru 4

01700 Contract Closeout ............................................................................................................1 thru 5

01900 Soil Conditions and Boring Logs ....................................................................................1 thru 7

TABLE OF CONTENTS CITY OF SOUTHFIELD

00010 / 2 BAUERVIC WOODS PARK

NUMBER SECTION NAME PAGE NUMBER

Hubbell, Roth & Clark, Inc.

Job 20240589 y d e s i g n p r o j e c t d o c s s p e c s m a s t e r s p e c t o c c i v i l r d o c x P M

DIVISION 2 SITE WORK

02110 Site Clearing ................................................................................................................... 1 thru 3

02140 Dewatering ...................................................................................................................... 1 thru 3

02200 Earthwork ........................................................................................................................ 1 thru 9

02211 Rough Grading ................................................................................................................ 1 thru 3

02221 Soil Erosion and Sedimentation Control ......................................................................... 1 thru 3

02315 Utility Trenching, Backfill and Compaction ................................................................. 1 thru 13

02511 Hot Mixed Asphalt Pavement ....................................................................................... 1 thru 25

02990 Permits ............................................................................................................................... 1 only

DIVISION 3 RESTORATION

313302 Stone Work ..................................................................................................................... 1 thru 4

329002 Planting ........................................................................................................................... 1 thru 6

329200 Fine Grade and Lawn Seed ............................................................................................. 1 thru 7

329300 Fine Grading, Native Seeding, and Plug Planting ........................................................ 1 thru 10

329320 Plant Maintenance and Guarantee Periods...................................................................... 1 thru 6

SPECIAL PROVISIONS

Special Provision for 1-Year Planting and Restoration Maintenance .............................. 1 and 2

Special Provision for Coordination Clause ........................................................................ 1 only

Special Provision for Drainage Structure........................................................................ 1 thru 5

Special Provision for Drainage Structure Tap ................................................................ 1 thru 5

Special Provision for Storm Sewer ................................................................................. 1 thru 3

A-1

ADVERTISEMENT FOR BIDS

BAUERVIC WOODS PARK

IN THE CITY OF SOUTHFIELD, OAKLAND COUNTY, MICHIGAN

BIDS DUE: October 6, 2025 3:00 P.M., LOCAL TIME

The City of Southfield, Oakland County, Michigan, will receive bids for the Bauervic Woods

Park Green Infrastructure Improvements project electronically uploaded to the MITN website

(www.mitn.info).

Project Description

This project is located along the west boundary of Bauervic Woods Park, in the City of

Southfield, Michigan. The proposed work consists of the following:

▪ Shaping the greenspace on either side of an existing HMA path, to create a series of rain gardens;

▪ Placing the earth excavated from the proposed rain gardens across low areas in park trails immediately adjacent to the site;

▪ Installing a small drainage basin, to serve as an emergency overflow for stormwater to an existing catch basin on the other side of an HMA path;

▪ Populating the proposed rain gardens with native plugs and shrubs, and restoring disturbed areas outside of the raingardens with native and turf grass seeding.

Prospective bidders are directed to carefully review the proposed plans and specifications for the project, particularly Section 01001 (Supplemental Project Requirements) and City of

Southfield’s Insurance Requirements.

All pre-qualified vendors, including Minority (MBE), Women (WBE) and Disadvantaged

(DBE) Business Enterprise contractors, subcontactors and material suppliers are encouraged to bid on this City of Southfield construction project.

The City reserves the right to reject any and all bids and to waive any irregularities in the proposals. No bids may be withdrawn after the above date and time for receiving bids for a period of sixty (60) days.

Janet Jackson, City Clerk

OAKLAND COUNTY, MICHIGAN

http://www.mitn.info/

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INSTRUCTIONS TO BIDDER

SCOPE OF WORK

The work under this Contract includes the furnishing of all labor, materials, equipment and construction equipment necessary for performing the work described in the Advertisement, all complete and in accordance with the Drawings and Specifications.

DEFINITIONS

The following terms used in this Contract will be construed and defined as follows:

"Board" - "Owner" The governmental agency for whom the work is being done.

"Engineer" The City of Southfield Engineer, acting personally or by any of its authorized agents.

"Contractor" The person(s) or firm contracting to perform the work.

"Subcontractor" The person(s) or firm employed by the Contractor to furnish materials or service whether or not he employs labor at the site of the work.

"Work" All labor, materials, equipment, transportation, construction equipment and other facilities necessary to be done or furnished by the Contractor to complete the Contract.

"Written Notice" shall be deemed to have been "duly served" when such notice shall have been given or mailed to the Contractor or his superintendent at the site of the work or the address set forth herein or when such notice shall have been given or mailed to the Owner, at the address set forth herein.

CONTRACT DOCUMENTS

It is understood and agreed that the Advertisement, Instructions to Bidder, Proposal, Agreement, Bonds, Specifications, Drawings, Addenda and Change Orders issued by the Owner or the Engineer, and specifications and engineering data furnished by the Contractor and approved by the Engineer, are each included in this Contract and the work shall be done in accordance therewith.

SUBSURFACE CONDITIONS

Limited borings of the site have been made by the Owner’s Engineer, the locations and logs thereof are included in these Specifications. This information is offered to the bidder as evidence and the bidder himself shall assume the entire responsibility for any conclusions which he may draw from it. The Owner does not guarantee, however, that the ground encountered during construction will conform with these borings and the bidders should secure such other information as they consider necessary to check and supplement the above data.

Attention is called to the fact that groundwater may be encountered in a portion of the work. Bidders shall make their own determination of groundwater levels and review the contract provisions relating to dewatering. No additional compensation shall be payable if dewatering is required.

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CONSTRUCTION CONDITIONS

It is required that each bidder will examine the Contract Documents for this work and make a personal examination of the site of the proposed work and its surroundings. It is also expected that he will obtain first-hand information concerning the available facilities for receiving, transporting, handling and storing construction equipment and materials and concerning other local conditions that may affect his work.

EXPERIENCE AND FINANCIAL STATEMENT

It is the intention of the Owner to award this contract to a bidder competent to perform and complete all work in a satisfactory manner. It is required by the Owner that each bidder under consideration shall submit a statement of his experience and financial status within seven (7) days when requested by the

Engineer. The Engineer may request this information from the bidders under consideration immediately following the opening of bids. Each bidder shall be prepared to submit to the Engineer the following notarized statements pertaining to his financial resources, adequacy of plant and equipment, organization, prior experience and other facts, as his qualification to enter into contract with and to perform construction work for the Owner.

1. Organization: State legal title of organization, business address, and if a corporation, where incorporated. Give names of principal officers and capitalization, number of and positions held by supervisory employees and number of employees regularly employed.

2. Financial Resources: Furnish complete financial statement for each of two (2) successive recent periods.

3. Equipment Owned: Give manufacturer's name, description, size and/or capacity and age of each piece or article of major equipment.

4. Experience Record: Give names of parties and dates for which work has been done, general description of work and contract price of work performed.

NAME, ADDRESS AND LEGAL STATUS OF BIDDER

The name and legal status of the bidder, that is, as a corporation, partnership, or an individual, shall be stated in the Proposal. A corporation bidder shall name the state in which its articles of incorporation are held and must give the title of the official having authority, under the by-laws, to sign contracts. A partnership bidder shall give the full names and address of all partners.

Anyone signing a Proposal as an agent of another or others must submit with his Proposal legal evidence of his authority to do so. The place of residence of the bidder, or the office address in the case of a firm or company, with county and state, must be given after his signature.

BID DEPOSITS

Each Proposal must be accompanied by a bid deposit. This shall be in the form of a bidder's bond, for a sum not less than five percent (5%) of the amount of the Proposal drawn upon some bank in good standing or issued by a surety company authorized to do business in Michigan. This is a guarantee on the part of the bidder that he will, if called upon to do so, enter into a contract, in the attached form, to do the work covered by such Proposal at the prices stated therein and to furnish acceptable surety for its faithful and entire fulfillment. Such certified check or bidder's bond shall be made out to the Owner and shall be

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subject to the conditions specified in the Proposal.

RETURN OF BID DEPOSITS

The bid deposits of all except the two lowest bidders will be returned within three days after the opening of bids. The bid deposits of the two lowest bidders will be returned within 48 hours after the executed

Contract and the required bonds have been fully approved by the Owner or after rejection of all bids.

FORM OF PROPOSAL

All Proposals must be made and signed by the bidder in the form attached hereto. Additional copies of the Proposal form for the bidder's files may be obtained upon request at the office of the Owner.

All prices stated in the Proposal must be plainly written in legible words and/or figures using black ink or typed. Illegibility of any work and/or figure in the Proposal may be sufficient cause for rejection of the

Proposal by the Owner. All spaces shall be filled in on the Proposal form.

Supplemental statements by the Contractor written into the Proposal form or by letter modifying the terms of the base Proposal will be considered as irregular and may make the Proposal subject to rejection by the

Owner.

Each Proposal must be submitted in accordance with the Advertisement to Bidders:

BASIS OF PROPOSAL

Proposals are solicited on the basis of unit prices for certain items of work and lump sum prices for certain items of work, all as provided in the Proposal form.

The preliminary estimates of quantities indicated, although given with as much accuracy as is practicable, are to be regarded as approximate only, being given for the general guidance of the bidders as a basis upon which the different Proposals may be compared. The Owner reserves the right to increase or diminish any or all of these quantities within reasonable limits and the Contractor shall be paid for the actual amount of work completed by him and accepted by the Owner at the prices stated in his proposal.

PROPOSAL DATA

Where equipment manufacturers are required to be listed, the bidders must bid on equipment from the list of suggested manufacturers contained in the Specifications.

Other makes of equipment or materials from those listed in the Specifications shall be bid using the

Proposal page entitled "Alternates to the Base Proposal", stating the separate and respective amounts that will be deducted from, or added to, contract amount if alternates are accepted at time of award.

INTERPRETATION OF CONTRACT DOCUMENTS

Neither the Owner nor Engineer will give verbal answers to any inquiries regarding the meaning of

Drawings and Specifications, or verbal instructions prior to the award of the Contract. Any verbal statement regarding same by any persons, prior to award, shall be unauthoritative.

Any explanation desired by bidders must be requested of the Engineer in writing not less than five (5) days

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prior to the bidding date and, if explanation is necessary, a reply will be made in the form of an Addendum.

A copy of the Addendum will be forwarded to each prospective bidder who has received a set of the

Contract Documents and to such other interested parties as have requested that they be furnished with a copy of each Addendum.

All Addenda issued to bidders prior to date of receipt of bids shall become a part of the Contract Documents and all bids are to include the work therein described. Each Proposal submitted shall list all Addenda by numbers which have been received prior to time scheduled for receipt of bids.

BONDS AND INSURANCE

The successful bidder will be required to execute three bonds with sureties acceptable to the Owner; the

Performance Bond to be executed to the Owner, to be in the amount of one hundred percent (100%) of the full Contract price and to be conditioned for the faithful fulfillment of the Contract and to include the protection of the Owner from all liens and damages arising out of the work; the Labor and Material Bond to be executed to the people of the state, to be in the amount of one hundred percent (100%) of the full

Contract price and to be conditioned for the payment of all labor and materials used in the work and for the protection of the Owner from all liens and damages arising therefrom; and the Maintenance and

Guarantee Bond, to be in the amount of one hundred percent (100%) of the Contract price.

The Worker's Compensation Insurance, Public Liability and Property Damage Insurance and Owner's

Protective Public Liability Insurance in the amounts specified in the Agreement must be carried by the

Contractor.

Each Proposal shall include the premium and all other charges, if any, for the Bonds and Insurance herein described.

RIGHT TO ACCEPT, TO REJECT AND TO WAIVE DEFECTS

The Owner reserves the right to accept any Proposal, to reject any or all Proposals, and to waive defects or irregularities in any Proposal. In particular, any alteration, erasure or interlineation of the contract documents and of the form of Proposal shall render the accompanying Proposal irregular and subject to rejection by the Owner unless initialed by the signatory prior to receipt of the Proposal.

WITHDRAWAL OF BIDS

Any bidder who has submitted a Proposal to the Owner may withdraw his bid at any time prior to the scheduled time for the receipt of bids. No bidder may withdraw his bid after the time stated in the

Advertisement for receiving bids, and his bid shall be firm and shall remain firm for a period of sixty (60) days thereafter.

TAXES

The Contractor shall pay all use and other taxes that are lawfully assessed against the Contractor in connection with the work included in this Contract.

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AWARD AND EXECUTION OF CONTRACT

Contract shall be awarded to the lowest responsive and responsible bidder on the basis of the lowest total sum of the extended unit prices for items of work included in the Proposal. The contract shall be deemed as having been awarded when formal notice of award shall have been duly served by the Owner upon the bidder.

TIME OF COMPLETION

The Owner and the individual citizens of the municipality affected by this project are vitally concerned with the prompt completion of the construction together with the cleanup and restoration of roads, medians and lawns within the time allowed in the proposal.

The Contractor shall use sufficient labor and equipment to complete and place in service all of the work being constructed within this contract within the time specified in the proposal. The surface cleanup shall follow closely behind construction with earth spoil removed from lawns and roads and any trenches neatly finished by the end of each work day. Failure of the contractor to comply with this type of workmanlike job will result in the suspension of all contract operations until the cleanup is effected.

If the Contractor shall be unavoidably delayed in beginning or fulfilling this contract by reason of excessive storm or floods, or by acts of Providence, or by general strikes, or by court injunction, or by stopping of the work by Owner because of any emergency or public necessity or by reason of alterations ordered by Owner, the Contractor shall have no valid claim for damages on account of any cause of delay;

but he shall in such case be entitled to such an extension of the above time limit herein, as the Engineer shall adjudge to be just and reasonable; provided, however, that formal claim for such extension shall be made in writing by the Contractor within a week after the date upon which such alleged cause or delay shall have occurred.

LIQUIDATED DAMAGES

It is expressly covenanted and agreed that time is and shall be considered of the essence of the Contract.

In the event that the Contractor shall fail to perform the entire work agreed to by or at the times herein mentioned in Article II of The Agreement, or within some other certain date subsequent to this to which the time limit for the completion of the work may have been advanced under the provisions of Article II of The Agreement, the Contractor shall pay unto the Owner as and for liquidated damages and not as a penalty, the sum of One Thousand Five Hundred Dollars ($1,500.00) for each and every calendar day that the Contractor shall be in default on each stage of completion, as stated within the proposal. Said sum of One Thousand Five Hundred Dollars ($1,500.00) per day, in view of the difficulty of estimating such damages with exactness, is hereby expressly fixed and agreed upon as the damages which will be suffered by the Owner for reason of such defaults. It is also understood and agreed that the liquidated damages herein before mentioned are, in lieu of the actual damages arising from such breaches of this Contract, which said sums the Owner shall have the right to deduct from any monies in hand otherwise due or to become due to the Contractor or to sue for and recover compensation for damages for nonperformance of this contract at the time stipulated herein and provided. Liquidated damages will be paid during seasonal shut down.

EXECUTION OF CONTRACT AND BOND FORMS

The bidder to whom the contract shall have been awarded will be required to execute the Contract in the form attached hereto and to furnish surety and insurance certificates all as required within ten (10) calendar days from the date when notice of award is delivered to the bidder. The notice of award shall

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be accompanied by the necessary contract and bond forms as required by the General Supplementary

Conditions. The notice to proceed shall be issued following the execution of the Contract by the Owner.

SOIL EROSION AND SEDIMENTATION CONTROL

The Contractor shall make himself thoroughly familiar with the requirements of the Specifications in connection with prevention of soil erosion and sedimentation.

The Contractor will be responsible for erosion control during the life of the Contract.

The cost of such control will be incidental to the work under this contract and costs will be included in applicable unit price items listed in the Proposal.

The Contractor shall designate a person who shall be responsible for soil erosion and sedimentation control during the life of the contract.

TRAFFIC CONTROL/MAINTAINING TRAFFIC

The Contractor shall be responsible for traffic control during the life of the contract as required by the

Specifications or as directed by the Engineer. The cost for Traffic Control/Maintaining Traffic shall be included in the Lump Sum item listed in the Proposal. If no Lump Sum item is listed in the Proposal the cost for Traffic Control/Maintaining Traffic shall be considered incidental to the work done under the contract.

PROGRESS PAYMENTS

Progress payments to the Contractor will be made in accordance with State Act 524, Public Acts of 1980, a copy of which is included in these documents.

NON-COLLUSION AFFIDAVIT

Bidders do not need to have the Non-Collusion Affidavit notarized but it must be submitted in order for a bid to be declared responsive.

SUPPLEMENTAL INSTRUCTIONS

1. DOCUMENT DISTRIBUTION: The City of Southfield, Michigan officially distributes bid documents from the Purchasing Department or through the Michigan Intergovernmental Trade Network (MITN) at www.mitn.info.

The City of Southfield cannot guarantee the accuracy and is not responsible for any errors contained in any information received from alternate sources.

2. BID DEADLINE: In order for a bid to receive consideration, it must be received prior to the specified time of opening as indicated on the bid form. No bid will be accepted after the time specified for the bid opening. The City reserves the right to postpone the bid opening for its own convenience. Bidders should use the bid documents furnished;

failure to do so will be considered as an alternate offer and may be cause for rejection. Bids must be electronically uploaded to the MITN (www.mitn.info) website by the due date and time. Allow yourself some time to go through the uploading process. It is preferred that only one file be uploaded, in PDF, with a size limitation of 20 MB. For assistance on how to upload, contact MITN directly at (800) 835-4603. The MITN system will not allow for late submittals and a submittal must be completed before the due date and time. This responsibility rests entirely with the Respondent, regardless of delays resulting from the uploading process.

3. DEPOSITS: If a deposit is required with the bid, it must be a Michigan-licensed surety’s bid bond. If a bidder fails to furnish a required deposit with his bid, his bid will not be read and will not receive further consideration.

4. SURETIES: An approved surety bond to the City in an amount deemed adequate may be required to guarantee performance. In certain cases described in state law, Act No. 213 of 1963, an additional bond to the state of Michigan is mandatory.

5. MORE THAN ONE OFFER: If a proposer has more than one product meeting the specification, he is privileged to offer additional proposals subject to the same terms and conditions of original proposal form. Brand names are used to describe quality rather than preference except when “no substitute” is indicated.

6. ADDITIONAL DOCUMENTS REQUIRED WITH BIDS FOR CONSTRUCTION PROJECTS:

a. Contractor’s Qualification Statement: bidder must submit a completed copy of AIA A305 – Contractor’s

Qualification Statement.

b. Contractor’s Construction Schedule upon award

7. WITHDRAWAL: No bid will be withdrawn for 60 days from its opening date. Bidders may reduce this period if he states so in his bid; however, he runs the risk of being declared non-responsive to the specifications.

8. REFERENCE: The City reserves the right to automatically consider itself a reference for any firm in which it has had experience.

9. RIGHT TO REJECT: The City reserves the right to reject any and all bids, to waive any irregularity in any bid, to split awards by items or lots (unless otherwise stipulated either in the specifications or by the bidder) or to award to other than the low bidder, should any of the foregoing be deemed in its best interests.

10. LOWEST RESPONSIBLE BIDDER IS ONE WHO:

a. Submits no restrictions or qualifications beyond those permitted in the proposal request.

b. Have the skill, quality and ability to conscientiously, faithfully and promptly fulfill the contract to its letter and spirit.

c. Have integrity, judgment, reputation and experience.

d. Has sound financial resources as well as the ability to furnish any and all bonding and insurance documents required.

e. Is able to comply with all terms and conditions stipulated in the proposal requests.

f. Can show the intent and ability to cooperate efficiently and effectively with all Government departments involved in the contractual purchase or service.

g. Has the knowledge of applicable existing laws and ordinances of the City of Southfield necessary to provide smooth and efficient relations.

h. Has unquestionable ability to provide maintenance and service on the contractual items purchased.

11. REVIEW OF CONTRACTUAL TERMS: If this solicitation shall result in a contractual document, the vendors must review and indicate potential changes or objections to the attached contractual terms in writing with your bid response for consideration. Changes requested after submission may result in rejection of your response.

12. FAILURE TO ENTER INTO CONTRACT: If a bidder fails to formally acknowledge and accept purchase order or to execute the contract within ten (10) working days after notification, the deposit, if any, may be forfeited as liquidated damages.

13. TO COMPLY: For failure to deliver or perform in accord with the accepted bid, the City may consider the contractor in default and take steps to protect the City's interest. The City may, without impairing its other rights and benefits, purchase all or part of the contract goods or services on the open market and charge any additional costs to the contractor or his surety.

14. PATENTS: Contractors will protect and indemnify against expense of any nature, will bear cost of any suits which may arise and will pay all damages which may be awarded against the City for the use, under this specification, of any patented device, process, apparatus, material or invention.

15. ERRORS OR OMISSIONS: Bidders are not permitted to take advantage of any errors or omissions in specifications since full instructions will be given should they be called to our attention in a reasonable amount of time before the bids are due.

16. NON-COLLUSION CLAUSE: By signing and submitting this proposal, bidder states that his proposal is genuine and not collusive or sham; such proposer has not colluded, conspired, connived, or agreed, directly or indirectly, with any proposer or person, to put in a sham bid, or that such other person will refrain from proposing and has not in any manner, directly or indirectly, colluded, conspired, connived, or agreed, with any person, to fix the price of affiant or any other proposer, or to fix any overhead, profit or cost element of said proposal price.

17. INSURANCE: Proof of Insurance Coverage: The Contractor shall provide The City of Southfield, at the time that the contracts are returned by him/her for execution, a Certificate of Insurance as well as the required endorsements. In lieu of required endorsements, if applicable, a copy of the policy sections where coverage is provided for additional insured and cancellation notice would be acceptable. Copies or certified copies of all policies mentioned above shall be furnished, if so requested.

18. NON-DISCRIMINATION CLAUSE: By signing and submitting this bid for consideration of an award by the City of

Southfield, the contractor and any subcontractor covenants not to discriminate against an 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, physical or mental disability, family status, sexual orientation, or gender identity that is unrelated to the individual's ability to perform the duties of a particular job or position. Breach of this covenant may be regarded as a material breach of the contract.

19. NON-IRAN LINKED BUSINESS: By signing the Authorization & Acceptance of Specifications below, I certify and agree on behalf of myself and the company submitting this proposal the following: (1) that I am duly authorized to legally bind the company submitting this proposal; and (2) that the company submitting this proposal is not an “Iran linked business,” as that term is defined in Section 2(e) of the Iran Economic Sanctions Act, being Michigan Public Act No. 517 of 2012; and (3) That I and the company submitting the proposal will immediately comply with any further certifications or information submissions requested by the City in this regard.

20. CONFLICT OF INTEREST: The Firm shall not be allowed to work as a contractor, sub-contractor or partner on any project within the scope of this contract which constitutes a conflict of interest. In order to determine if your company presents any potential conflict of interest with respect to the award of the subject contract, on a separate piece of paper, please disclose any familial or business relationships you have with any current or former employee, agent, consultant, officer or elected or appointed official of the City of Southfield or others who are or have been within the past year, in a decision making position with the City of Southfield, and who may be able to grant favorable treatment with respect to being awarded this contract. Please disclose the full nature and extent of your relationship. Violation of the City’s Code of Ethics as the result of non-disclosure will be reviewed in accordance with the City of Southfield’s Code of Ethics and may result in disciplinary action, and/or termination of the subject contract.

21. COMMUNICATION DURING THE PROCUREMENT PROCESS: During the solicitation process, which includes but is not limited to, the solicitation period and subsequent evaluation process, respondents may not make any contact regarding this request with Council members, City Administration, the Legal Advisor, Elected Officials or City of Southfield staff other than the staff member designated as the point of contact. All questions should be addressed to the Purchasing Department, in writing via the email address supplied in the bid documents or during the pre-bid meeting if applicable.

22. EVALUATION COMMITTEE: The activities of an evaluation committee are confidential and any contact with members will create the impression of unfair access or conflict of interest. Contact prior to selection may lead to a nullification of the results of this solicitation, or a dismissal of the offending respondent’s submission, or it may result in the contacted party being required to recuse himself or herself from consideration of the respondent’s submission.

23. FEDERAL FUDING PROVISIONS: The contract resulting from this IFB is subject to compliance with all applicable federal, state and local laws.

ORD1478-1

ORDINANCE NO. 1478

AN ORDINANCE TO AMEND THE CODE OF THE

CITY OF SOUTHFIELD BY ADDING A NEW

CHAPTER, WHICH NEW CHAPTER SHALL BE

DESIGNATED AS CHAPTER 14, LIVING WAGE

REQUIREMENTS, OF TITLE I, ADMINISTRATION,

OF SAID CODE.

THE CITY OF SOUTHFIELD ORDAINS:

SECTION 1.

The Code of the City of Southfield is hereby amended by adding a new Chapter 14, Living Wage Requirements, to Title I, Administration, which shall read as follows:

Chapter 14: LIVING WAGE REQUIREMENTS.

Section 1.600. Purpose.

The purpose of this Ordinance is to improve the lives of working people and their families by requiring covered employers that provide contractual services to the City or that receive a tax abatement from the City to pay their covered employees a wage sufficient to meet basic subsistence needs, defined herein as a living wage.

Section 1.601. Definitions.

For purposes of this Chapter, the following definitions shall apply:

(1.) Covered employer means a person that either:

(a.) Enters into a contract or contracts with the City primarily for the furnishing of services where the total amount of the contract or contracts, including related subcontracts, exceeds Fifty Thousand Dollars ($50,000.00) for any twelve (12) month period. Covered employer includes a related subcontractor, but does not include a person that has a contract or subcontract primarily for the purchase or lease of goods or property by the City; or

(b.) Receives a tax abatement from the City.

ORD1478-2

(2.) Covered employee means a person employed full-time by a covered employer to perform services in connection with the covered employer’s contract or contracts with the City, including related subcontracts, or a person employed full-time by a covered employer at an office or facility which either has been granted a tax abatement or where personal property which has been granted a tax abatement is located.

(3.) Federal poverty guideline shall mean the official poverty guideline issued annually by the United States Department of Health and Human Services for a family of four (4).

(4.) Health care benefits shall mean comprehensive, medical coverage for the covered employee fully paid for by the covered employer, whether provided on an insured or self-funded basis. Health care benefits may include membership in a health maintenance organization (HMO) or similar entity, if the membership or subscription fee is fully paid for by the covered employer.

(5.) Living wage shall mean an hourly rate which, on an annual basis (based on forty [40] hours per week, fifty [50] weeks per year), is equivalent to either of the following:

(a.) One hundred and twenty-five percent (125%) of the federal poverty guideline, or

(b.) One hundred percent (100%) of the federal poverty guideline, if health care benefits are provided to the covered employee.

(6.) Person shall mean any individual, firm, joint venture, partnership, corporation, club, and all associations or organizations of natural persons, either incorporated or unincorporated, however operating or named, and whether acting by themselves or by a servant, agent, or fiduciary, and includes all legal representatives, heirs, successors, and assigns thereof.

(7.) Tax Abatement means a tax abatement approved by the City, pursuant to the Plant Rehabilitation and Industrial Development District Act, Public Act 198 of 1974, MCL 207.551, et seq.

Section 1.602. Living Wage Required.

(1.) Every covered employer shall pay its covered employees and at least ninety percent (90%) of all the employees working on behalf of a covered employer in connection with a contract with the City no less than a living wage.

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(2.) In order to qualify to pay the living wage rate for covered employers providing employee health care benefits under Subsection 1.601(5)(b), a covered employer shall furnish proof of the health care benefits to the City.

(3.) All City contracts covered by this Chapter shall provide that a violation of this Chapter shall be a material breach of the contract resulting in its termination.

(4.) Any tax abatement covered by this Chapter shall be granted upon the condition that a violation of this Chapter shall result in its revocation.

Section 1.603. Monitoring of Compliance with this Chapter.

The City Purchasing Agent shall monitor compliance with the requirements of this Chapter, and shall notify all covered employers of any adjustment in the federal poverty level by March 1st of each year. If the living wage has increased, the covered employer shall begin paying the increased wage rate no later than April 1st of that year. The Purchasing Agent shall require all covered employers to annually certify compliance with the requirements contained in Section 1.602 and all other provisions of this Chapter. In addition, any covered employer who is required to pay a living wage under Section 1.602 shall post a notice of such requirement in a conspicuous place in any work place where a covered employee is employed. The notice shall also state that, if the covered employer has failed to comply with the requirement of Section 1.602, a covered employee may file a notice of non-compliance with the Purchasing Agent. All City departments shall be provided with standard notices which set forth the requirements of this Chapter for inclusion in the solicitation of proposals, bids, or applications for City contracts.

Departments shall include said notices in their RFP’s, RFQ’s, specifications, and notices inviting bids or any other solicitations for contracts.

Section 1.604. Notice of Non-Compliance.

Any covered employee of a covered employer, who believes the covered employer has failed to comply with this Chapter, may file a notice with the Purchasing Agent. The Purchasing Agent, based on such notice or on his or her own initiative if a possible violation of this Chapter is discovered by other means, shall forward a notice to the covered employer by first class mail describing the violation; requesting the submission of proof of compliance within thirty (30) days of mailing, and indicating that failure to do so shall result in the termination of its contract or tax abatement. This Chapter shall not be construed to limit a covered employee’s right to bring legal action for violation of any other minimum compensation or wage and hour law.

Section 1.605. Non-Compliance.

In the event the Purchasing Director determines that a covered employer has failed to comply with the provisions of this Chapter and the covered employer has failed to rectify

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the non-compliance within thirty (30) days of the mailing of the notice provided for in Section 1.604, the City shall take appropriate action to terminate its contract or tax abatement.

Section 1.606. Exemptions from Application of this Chapter.

The following exemptions from compliance with this Chapter shall apply:

(1.) The provisions of this Chapter shall not apply to a contract with another unit of government.

(2.) The provisions of this Chapter shall not apply to a covered employee who is:

(a.) younger than eighteen (18) years of age;

(b.) employed during summer months in a student or youth employment program;

(c.) engaged in any training program, not to exceed a time period of ninety

(90) days, that qualifies the person either to begin employment with the covered employer or to receive an employment promotion within the covered employer; or

(d.) engaged or participating in a bona fide, student internship program.

(3.) The provisions of this Chapter shall not apply where a covered employee is subject to the terms of a collective bargaining agreement.

(4.) The provisions of this Chapter shall not apply where federal or state law requires the payment of a prevailing wage.

(5.) A non-profit covered employer, which is recognized by the Internal Revenue Service as tax exempt under the Internal Revenue Code, shall be exempt from the provisions of this Chapter, provided that this exemption shall only apply to a non-profit, covered employer if it employs ten (10) or fewer employees on a continuous basis. A continuous basis is defined as employing ten (10) or fewer employees on each working day in each of twenty (20) or more calendar weeks in the current or preceding year.

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(6.) The provisions of this Chapter shall not apply to contracts entered into or tax abatements approved prior to the effective date of this Chapter.

Section 1.607. Exemptions determined by City Council.

The City Council may grant a partial or complete exemption from the requirements of this Chapter if it determines one (1) of the following:

(1.) The application of this Chapter would violate federal, state, or local law(s);

or

(2.) The application of this Chapter to a non-profit, covered employer, recognized as tax exempt under the Internal Revenue Code, would not be in the best interest of the City.

Section 1.608. Change in Status of Employees.

No affected covered employer shall reduce the compensation, wages, fringe benefits, or leave available to any covered employee or other employee in order to pay the living wage required by this Chapter.

Section 1.609. Annual Report.

The City Administrator shall submit an annual report to the City Council and the Mayor with regard to the operation of this Chapter. The report shall contain a listing and the status of all contracts and tax abatements to which this Chapter applies, including the term; dollar amount; the services performed or assistance provided; a summary of all violations of this Chapter; adjustments to the living wage, if any; a description of any administrative problems encountered; and recommendations for more efficient and effective administration of the provisions of this Chapter.

Section 1.610. Penalty.

(1.) A violation of any provision of this Chapter is a civil infraction punishable by a fine of not more than Five Hundred Dollars ($500.00), plus all costs of the action. The Court may issue and enforce any judgment, writ, or order necessary to enforce this Chapter, including payment to the affected covered employee or employees of the difference between wages actually paid and the living wage that should have been paid, interest, and other relief deemed appropriate.

(2.) Each day, upon which a violation occurs, shall constitute a separate violation.

SECTION 2.

Should any section, clause, or paragraph of this Ordinance be declared by a court of

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competent jurisdiction to be invalid, the same will not affect the validity of the Ordinance as a whole or part thereof other than the part declared to be invalid.

SECTION 3.

All ordinances, parts of ordinances, or codes in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

SECTION 4.

This Ordinance shall become effective on September 8, 2002.

KENSON J. SIVER, Mayor

JANET JACKSON, City Clerk

Introduced: 07-22-02

Enacted: 08-26-02

Published: 09-08-02

NOTICE OF EMPLOYER’S OBLIGATION

TO COMPLY WITH LIVING WAGE ORDINANCE

OF THE CITY OF SOUTHFIELD

This Employer is required to pay a “living wage” under Section 1.602 of the Southfield

City Code to “covered employees” performing services in connection with a contract between the Employer and the City of Southfield.

If any covered employee believes this Employer has failed to comply with Section 1.602 of the Southfield City Code, he or she may file a notice of non-compliance with the City of Southfield Purchasing Agent (248-796-5250).

The Employer shall not reduce the compensation, wages, fringe benefits, or leave available to any covered employee or other employee in order to pay the living wage required by the Ordinance.

The Living Wage Ordinance does not limit a covered employee’s right to bring legal action for violation of any other minimum compensation or wage and hour law.

LWO-NOTC

Supplemental Specification:

City of Southfield Living Wage Ordinance

The Contractor shall comply with the terms of the City of Southfield “Living Wage Ordinance”, Chapter 14 of Title I, of the Code of the City of Southfield (the “Ordinance”).

The Contractor shall pay its “covered employees” (a person employed full-time to perform services in connection with the Contractor’s contract(s) with the City, including related subcontracts) and at least 90% of all the employees working on behalf of the Contractor in connection with a contract with the City, no less than a “Living Wage”.

A “Living Wage” means an hourly rate which, on an annual basis (based on forty hours per week, fifty weeks per year) is equivalent to either of the following:

a) One Hundred Twenty-Five percent (125%) of the federal poverty guideline, or

b) One Hundred percent (100%) of the federal poverty guideline if Health Care

Benefits are provided to the covered employee - (“Health Care Benefits” means comprehensive, medical coverage for the covered employee fully paid for by the Contractor, whether provided on an insured or self-funded basis. “Health Care Benefits” may include membership in a health maintenance organization (HMO) or similar entity, if the membership or subscription fee is fully paid by the Contractor).

The Contractor shall be required to certify both at the commencement of the Contract and upon request for final contract payment that it is in compliance with the requirements of the Living Wage Ordinance.

The Contractor shall post a notice of its obligation to comply with the Living Wage Ordinance in a conspicuous place in any work place where a covered employee is employed.