25-001 Restroom Remodel.pdf

25-001

Macomb Township

Request for Proposals for

Restroom Remodel at Macomb Corners Park

RFP #: 25-001

Macomb Township is seeking proposals for the Remodel of the men’s and women’s restrooms at Macomb Corners Park (19449 25 Mile Road, Macomb Township, MI 48042).

The Proposer shall furnish labor, supplies, materials, delivery, installation, warranties, and any other services needed based upon the scope of work. By responding to this request, the undersigned (“Proposer”) agrees to perform in accordance with the terms and conditions set forth herein.

Issue Date: March 19, 2025

Mandatory Pre-Proposal Meeting: April 4, 2025, at 3:00 p.m. local time

Proposal Question Deadline: April 11, 2025, at 10:00 a.m. local time

Proposal Deadline/Due Date: April 17, 2025, at 10:00 a.m. local time

Macomb Township – Clerks Office 54111 Broughton Macomb, MI 48042

Purchasing Specialist: John Marsh marshj@macomb-mi.gov 586-992-0710, Ext. 2309 mailto:marshj@macomb-mi.gov

TABLE OF CONTENTS

LEGAL NOTICE 3

SECTION 1 – GENERAL CONDITIONS / INFORMATION FOR PROPOSERS 4

SECTION 2 – QUALIFICATIONS OF PROPOSERS 9

SECTION 3 – BACKGROUND AND SCOPE OF WORK 10

SECTION 4 – BOND REQUIREMENTS AND NOTICES AND PAYMENTS 12

SECTION 5 – PRICE AND PAYMENT PROCEDURE 13

SECTION 6 – PROPOSAL REVIEW, EVALUATION AND SELECTION PROCESS 17

SECTION 7 – INFORMATION REQUIRED FROM PROPOSERS 18

SIGNATURE PAGE 19

COST PROPOSAL 20

PROFESSIONAL REFERENCE INFORMATION 21

CONTRACTOR QUESTIONNAIRE 22

ATTACHMENTS: A - L MITN ATTACHMENT

LEGAL NOTICE

Macomb Township

Advertisement for Proposals

Macomb Township is seeking proposals for the remodel of the men’s and women’s restrooms at Macomb Corners Park (19449 25 Mile Road, Macomb Township, MI 48042). The proposer shall furnish labor, supplies, materials, delivery, installation, warranties, and any other services based upon the scope of work.

Proposal documents may be obtained from the Macomb Township Clerk’s Office or online from the Michigan Inter-governmental Trade Network (MITN) at https://www.bidnetdirect.com/mitn/macomb-township. Obtaining proposal documents from any other source not identified herein may result in failure to receive addenda, corrections, or other revisions that may be issued. The Township is not responsible for the operation and administration of the proposal process through MITN and the Proposer shall hold harmless, defend and indemnify the Township from any and all claims, damages or liabilities arising out of the Proposer’s use of the online materials provided by MITN in relation to this solicitation or any failure of the Proposer to properly utilize and access the MITN services.

Projects with a total proposal amount of $50,000.00 or greater, shall be accompanied by a certified check or bank draft in the amount of 5% of the total amount proposed, payable without condition to the Township of Macomb as security for the acceptance of this contract. A bid bond in the amount of 5% of the total amount proposed issued by an approved Surety Company and executed by the proposer, may be furnished in lieu of a certified check.

A MANDATORY PRE-PROPOSAL MEETING will be held on-site at Macomb Corners Park, 19449 25 Mile Road, Macomb, MI 48042 at 3:00 PM on April 4, 2025. The purpose of this meeting is to present an overview of the proposed work and to provide an opportunity for prospective proposers to ask specific questions concerning the project and to view the restrooms.

Proposals will be publicly opened and responding Proposers names read aloud in the Board Room, at the time and address delineated below. All proposals must be clearly addressed to the Clerk’s Office and include the Proposal name and number on the outside of the envelope/package.

Proposal Deliveries: It is recommended that proposal deliveries be made either in person, by mail or an alternative delivery method ensuring delivery to the address below. The proposer shall bear full responsibility for ensuring that the proposal is delivered to the specified location by the due date and time. Late proposals will be rejected as non-responsive.

PROPOSAL NAME: Restroom Remodel at Macomb Corners Park

PROPOSAL NO.: 25-001

MANDATORY PRE-PROPOSAL April 4, 2025, at 3:00 p.m. local time MEETING: Macomb Corners Park, 19449 25 Mile Road, Macomb, MI 48042

QUESTION DEADLINE: April 11, 2025, at 10:00 a.m. local time (All questions in writing only through MITN website or email to marshj@macomb-mi.gov)

DUE DATE / TIME: April 17, 2025, at 10:00 a.m. local time

MAIL OR DELIVER TO: Macomb Township – Clerk’s Office 54111 Broughton Macomb, MI 48042

The Township reserves the right to reject any and all proposals and to waive any informality in proposals received, deemed to be in the best interest of the Township. No officer or employee of Macomb Township shall have a financial interest, direct or indirect, in any contract with Macomb Township.

https://www.bidnetdirect.com/mitn/macomb-township

SECTION 1 – GENERAL CONDITIONS / INFORMATION FOR PROPOSERS

By responding to this solicitation, the Proposer acknowledges, accepts and agrees to be bound by all terms and conditions contained herein. There is no expressed or implied obligation for Macomb Township to reimburse Proposers for any expenses incurred in preparing proposals in response to this request.

I. PROPOSAL PUBLICATION

A. The Michigan Inter-Governmental Trade Network (MITN) (https://www.bidnetdirect.com/mitn), of which BidNet is a part, is the official posting site of Macomb Township proposal postings. As a vendor, you can register with the Michigan Inter-governmental trade Network to be sure that you see all available proposals and opportunities. By selecting automatic bid notification, your company will receive emails once Macomb Township has a proposal opportunity that matches your company’s business. In addition, the site handles proposal opportunities, RFPs, and RFQs for other member governmental agencies. If you need help registering, please call the Michigan Inter-governmental Trade Network support department toll free at 1- 800-835-4603.

B. All Proposers shall be responsible for routinely checking MITN for issued addenda and other relevant information. The Township shall have no obligation to provide notice of the positing of any addenda or revised information and shall not be responsible for the failure of a prospective Proposer to obtain addenda and other information issued at any time related to this solicitation.

C. All communications, any modifications, clarifications, amendments, questions, responses, or any other matters related to this solicitation, shall be made by and through the Issuing Office. No contact regarding this solicitation made with other Township employees is permitted. Any violation of this condition may result in immediate rejection of a Proposal.

D. ISSUING OFFICE – This solicitation is issued by the Macomb Township Finance Department on behalf of The Township of Macomb. The contact person is John Marsh, Buyer, Macomb Township, 54111 Broughton, MI 48042, phone: (586)992-0710 ext. 2309, or email marshj@macomb-mi.gov. Email is the preferred method of contact. Questions concerning this solicitation, and its content shall be made in writing and submitted on-line through MITN (BidNet) or submitted via email to marshj@macomb-mi.gov.

II. PROPOSAL SUBMISSION

A. AUTHORIZED SIGNATURES – The proposal must be executed by the Proposer. By executing a proposal, each Proposer is representing and warranting that they are authorized to execute such a proposal and be bound by the terms of this solicitation. If the Proposer is a limited liability company or corporation, true and correct copies of the resolutions of Proposer authorizing the execution of the proposal and the completion of the transactions herein contemplated are required. If executed by an agent, a power of attorney or other evidence of authority to act on behalf of the Proposer shall accompany the proposal to become valid.

B. LATE PROPOSALS – Proposals must be in the Township Clerk’s Office before the specified time and date proposals are due. Proposals received in the office of the Clerk after the submission deadline shall be rejected as non-responsive proposals. Proposals received via e-mail will be non-responsive regardless of receipt date.

C. WITHDRAWAL OF PROPOSALS PRIOR TO DUE DATE – A proposal may be withdrawn before the Due Date by submitting written notice to the Buyer. Proposer may submit a new proposal prior to the Due Date. The Proposer assumes full responsibility for submitting a new proposal prior to the Due Date.

D. WITHDRAWAL OF PROPOSALS AFTER DUE DATE – Upon expiration of the Due Date, The Proposer acknowledges and agrees that such proposal may not be withdrawn or cancelled by the Proposer for a period of ninety (90) days following the Due Date. In the event that the Proposer’s proposal is accepted by the Township within such a ninety (90) day period, the Proposer shall be required to perform in accordance with the terms and conditions contained herein. If no contract has been executed by the https://www.bidnetdirect.com/mitn

Township within ninety (90) days following the Due Date, any proposer may withdraw the proposal and deposit. By mutual consent between the Township and the Proposers, this period may be extended.

E. PROPOSAL AMOUNTS – Proposals should show net prices, extensions where applicable and net total.

In case of conflict between unit price and extension, the unit price will govern. Any ambiguity in the proposal as a result of omission, error, unintelligible or illegible wording shall be construed in the favor of the

Township.

F. DESCRIPTIONS – Unless otherwise specified, any reference to make, manufacturer and/or model used in the proposal specifications is a minimum standard that will be accepted.

G. PROPOSAL ALTERATIONS – Proposals cannot be altered or amended after the Due Date. Any interlineation, alteration, or erasure made before the Due Date must be initialed by the Proposer, guaranteeing authenticity.

H. ALTERNATES – Proposer request and/or specifications may expressly allow Proposer to submit an alternate proposal. The presence of such an offer shall not be considered an indication of non-responsiveness.

I. EXCEPTIONS AND/OR SUBSTITUTIONS – As a matter of practice, Macomb Township rejects exception(s) and /or substitutions as non-responsive but reserves the right to accept any and/or all of the exception(s) and/or substitution(s) deemed to be in the best interest of the Township. Proposers taking exception to the specifications and plans, or offering substitutions, shall state these exceptions. If the proposal is made on an article other than the one specified, which Proposer considers comparable, the name and grade of said article must be specified in the proposal and sufficient specifications and descriptive data must accompany same to permit thorough evaluation. The absence of stated exceptions and/or substitutions shall indicate that the vendor has not taken any exceptions to the specifications and shall hold the vendor responsible to perform in strict accordance with the specifications.

J. QUANTITIES – Quantities indicated are estimated quantities only and are not a commitment to buy.

Approximate usage does not constitute an order but only implies the probable quantity that will be used.

Commodities will be ordered on an as needed basis. Proposer is responsible for accurate final counts.

K. PROPOSAL AWARD – Award of contract shall be made to the lowest responsible Proposer or to the

Proposer who provides goods or services at the best value for the municipality. The Township reserves the right to be the sole judge as to whether a proposal will serve the purpose intended. The Township reserves the right to accept or reject in part or in whole any proposal submitted, waive any technicalities or informalities for the best interest of the Township. The Township reserves the right to award based upon individual line items, sections or total proposal.

L. ADDENDA – Any interpretations, corrections or changes to the specifications, plans and information will be made by addenda no later than forty-eight hours prior to the proposal opening. Addenda will be posted on MITN. By submitting a proposal, each Proposer hereby acknowledges and agrees that it has received and reviewed all information provided electronically via MITN and hereby acknowledges receipt of all addenda.

M. RESPONSIVENESS – Only responsive proposals shall be considered by the Township. A proposal shall be considered “responsive” if it conforms substantially to the requirements of this solicitation and/or specifications contained herein. Proposers who substitute any other terms, conditions, specifications and/or requirements or who qualify their proposals in such a manner to nullify or limit their liability by transferring liability to the Township shall be deemed non-responsive and the proposal will not be considered for award. Proposals containing any clause that would limit the authority of the individual executing on behalf of the Proposer shall be considered non-responsive. Examples of non-responsive proposals include but shall not be limited to: a) proposals that fail to conform to required delivery schedules as set forth in the proposal request; b) proposals with prices qualified in such a manner that the proposal price cannot be determined such as with vague wording that may include “price in effect at the time of delivery”; and c) proposals made contingent upon award of other proposals or proposals currently under consideration.

N. SILENCE OF SPECIFICATIONS FOR COMPLETE UNITS – All materials, equipment and/or parts that will become a portion of the completed work including items not specifically stated herein but necessary to render the service(s) complete and operational per the specifications are to be included in the proposal price. The Vendor may be required to furnish evidence that the service, as proposal, will meet or exceed these requirements.

O. GENERAL BOND/SURETY REQUIREMENTS (IF REQUIRED) – Failure to furnish bond/surety, if requested, will result in proposal being declared non-responsive. Non-responsive proposals will not be considered for award. The successful proposer whose proposal is $50,000 or more will be required to furnish a US Treasury Listed Company Performance, Maintenance-Guarantee, and Payment Bonds in the amount of 100% of their proposal and a bid bond for 5% of the total amount proposal.

The cost of the Bonds shall be included in each proposal.

P. FINANCIAL STANDING OF PROPOSER – By delivering a proposal, a Proposer is representing and warranting to the Township and MITN that such Proposer: has the ability to obtain adequate financial resources to execute the proposal in accordance with the terms and conditions of the solicitation; comply with required or proposed delivery/completion schedule set forth herein; have a satisfactory record of performance; have a satisfactory record of integrity and ethics; and be otherwise qualified and eligible to execute the proposal. In order to determine financial standing of Proposer, the Township may request recent financial statements or a statement of net worth.

Q. GENERAL INSURANCE REQUIREMENTS – The Proposer, if awarded a contract, shall maintain insurance coverage for the duration of the contract. A certificate of insurance indicating carrier, limits and exemptions, and naming The Township of Macomb as an additional insured, must be submitted to Macomb Township within five (5) business days of a verbal request. The Proposer furnishing labor on the Township/public premises does agree to have his workers covered by Worker’s Compensation and furnish a certificate of insurance showing coverage for bodily injury and property damage and worker’s compensation.

R. INSPECTION – All Proposers will be held liable to have visited the site(s) and familiarize themselves with the nature of the work and conditions under which the work will be performed. No additional compensation, time or relief from any contractual obligation will be given for failure to inspect or account for conditions.

S. COMPLIANCE WITH FOIA – All proposals shall become the property of Macomb Township, will not be returned, and will become a public record subject to disclosure under Michigan’s Freedom of Information Act.

T. PROPOSAL CONTENT - The Township of Macomb reserves the right to use any ideas in proposals regardless of whether that proposal is selected.

U. TAX EXEMPT STATUS – The Township is exempt from federal excise tax and sales tax.

V. BEST VALUE – In determining best value, Macomb Township may consider: 1) purchase price; 2) quality of Proposer’s goods or services; 3) extent to which the goods or services meet the Township’s needs; 4) Proposer’s past relationship with Macomb Township; 5) total long-term cost to the Township to acquire the Proposer’s goods or services; and 6) any relevant criteria specifically listed in this solicitation.

W. FILE UPLOADS (IF REQUIRED) - All electronic files uploaded to MITN must be in a common format accessible by software programs the Township uses. Those common formats are generally described as

Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or

Portable Document Format (.pdf.). Proposers will not secure, password protect or lock uploaded files; the

Township must be able to open and view the contents of the file. Proposers will not disable or restrict the ability of the Township to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 300 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The Township may disqualify any proposal that does not meet the criteria stated in this paragraph.

X. PROPOSAL FORMAT – Proposals must be submitted in the format outlined in SECTION 7 – INFORMATION REQUIRED FROM PROPOSERS to be deemed responsive.

III. PERFORMANCE

A. DESIGN, STRENGTH, AND QUALITY – Design, strength, and quality of materials and workmanship must conform to the highest standards and practices. The apparent silence of specifications and/or plans as to any detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications and/or plans shall be made on the basis of this statement.

B. AGE AND MANUFACTURE – All tangible goods being proposed must be new and unused, unless otherwise specified, in first-class condition, of current manufacture, and furnished ready to use. All items not specifically mentioned that are required for a complete unit shall be furnished.

C. DELIVERY LOCATION – All deliveries will be made to the address specified on the purchase order during normal working hours of 9:00 a.m. to 3:00 p.m., Monday through Friday, unless otherwise authorized by the Buyer or designee.

D. DELIVERY/COMPLETION SCHEDULE – Delivery may be an important consideration in the evaluation of best value. The maximum number of days necessary for delivery ARO shall be stated if necessary.

E. DELIVERY CHARGES – All delivery and freight charges, F.O.B. destination shown on Township of Macomb purchase order, as necessary to perform contract are to be included in the proposal price.

F. INSTALLATION CHARGES – All charges for assembly, installation and set-up shall be included in the proposal price. Unless otherwise stated, assembly, installation and set-up will be required.

G. OPERATING INSTRUCTIONS AND TRAINING – Clear and concise operating instructions and descriptive literature will be provided in English, if requested. On-site detailed training in safe and efficient use and general maintenance of item(s) purchased shall be provided as needed at the request of the Township.

Instructions and training shall be provided at no additional cost to the Township.

H. STORAGE (If Applicable) – Township agrees to provide a suitable storage area, Proposer agrees to coordinate with the Purchasing Agent or designee for a lease area.

I. PATENTS AND COPYRIGHTS – The successful vendor agrees to protect the Township from claims involving infringements of patents and/or copyrights.

J. ACCEPTABILITY - All articles enumerated in the proposal shall be subject to inspection by an officer designated for the purpose by Macomb Township. If found to be inferior to the quality called for, or not equal in value to the specifications, deficient in workmanship or otherwise, this fact shall be certified to the Buyer who shall have the right to reject the whole or any part of the same. Items and/or work determined to be contrary to specifications must be replaced at the awarded Proposer’s expense. Inferior items not retrieved by the awarded Proposer within thirty (30) calendar days, or an otherwise agreed upon time, may become the property of the Township at the Township’s option, without cost. If disposal of such items warrant expense, an amount equal to the disposal expense will be deducted from amounts payable to the awarded Proposer. Proposer’s failure to retrieve property resulting in ownership by the Township shall not be imputed as acceptance of replacement goods under this contract.

K. COMPLIANCE WITH FEDERAL, STATE, COUNTY, AND LOCAL LAWS – Proposals must comply with all federal, state county, and local laws, to include but not be limited to, all applicable standards of safety, emission, and noise control requirements, and all applicable laws relating to the operation of food concession. Any vehicles or equipment shall contain all standard safety, emission, and noise control requirements required for the types and sizes of equipment at the time of their manufacture. The contractor agrees, during the performance of work or service, to comply with all applicable codes and ordinance of Macomb Township, Macomb County, or State of Michigan as they may apply, as these laws may now read or as they may hereafter be changed or amended.

L. SAMPLES, DEMONSTRATIONS AND TESTING – At the Townships request and direction, Proposer shall provide product samples and/or testing of items to ensure compliance with specifications. Samples, demonstrations and/or testing may be requested at any point prior to or following proposal award.

Samples, demonstrations and/or testing may be requested upon delivery and/or any point during the term of resulting contract. All samples (including return thereof), demonstrations and/or testing shall be at the expense of the Proposer.

IV. PURCHASE ORDERS AND PAYMENT

A. PURCHASE ORDERS – A purchase order(s) shall be generated by the Township Finance Director to the successful proposer(s). The purchase order number must appear on all itemized invoices and packing slips. The Township will not be held responsible for any work orders placed and/or performed without a valid current purchase order number. Payment will be made for all services rendered and accepted by the contract administrator for which a valid invoice has been received.

B. INVOICES – All invoices shall reference the Purchase Order number. Invoices shall reference the proposal item number or a detailed description for each item invoiced. If an item purchased and itemized on the invoice does not correspond to an item in any of categories awarded to the Proposer, the invoice shall reference the item as “N/C” to indicate that it is a non-contract item. This requirement is to assist the

Township in verifying contract pricing on all invoices. Payment will be made under the terms of net thirty

(30) days unless otherwise agreed upon by Proposer and Macomb Township.

V. CONTRACT

A. CONTRACT DEFINITION – The General Conditions and Terms of Contract, Specifications, Plans, Proposal Forms, Addenda, and any other documents made a part of the Proposal shall constitute the complete Proposal. The Proposal, when duly accepted by the Township, shall constitute a contract equally binding between the successful Proposer and Macomb Township.

B. CONTRACT AGREEMENT – Once a contract is awarded, the unit price(s) offered by the successful

Proposer shall remain firm for duration of the contract. The contract shall provide a 30-day notice of termination to the vendor and a 90-day notice of termination to the Township.

C. CHANGE ORDER – No different or additional terms will become part of this contract with the exception of a change order. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing and at the discretion and approval of the Township. No change order will be binding unless signed by an authorized representative of the Township and the Proposer.

D. PRICE REDETERMINATION – All requests for price redetermination shall be in written form. Cause for such request, i.e., manufacturer’s direct cost, postage rates, Railroad Commission rates, Federal/State minimum wage law, Federal/State unemployment taxes, F.I.C.A. Insurance Coverage Rates, etc., shall be substantiated in writing by the source of the cost increase. The Proposer's past experience of honoring contracts at the proposal price will be an important consideration in the evaluation of future proposals for the lowest and best proposal. The Township reserves the right to accept or reject any/all requests for price redetermination as it deems to be in the best interest of the Township.

E. TERMINATION FOR DEFAULT - Macomb Township reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the Township in the event of breach or default of this contract. The Township reserves the right to terminate the contract immediately in the event the Proposer fails to fulfil the terms of specifications or fails to comply with the terms of this contract. Breach of contract or default authorizes the Township to award to another vendor, purchase elsewhere and charge the full increase in cost and handling to the defaulting party.

F. TRANSITIONAL PERIOD – Upon normal completion of this contract, not to include termination for default, and in the event that no new contract has been awarded by the original expiration date of the existing contract including any extension thereof, it shall be incumbent upon the Vendor to continue the contract under the same terms and conditions until a new contract can be completely operational. At no time shall this transition period extend more than ninety (90) days beyond the original expiration date of the existing contract and any extension thereof.

G. INVALID, ILLEGAL, OR UNENFORCEABLE PROVISIONS – In case any one or more of the provisions contained in the Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained herein.

H. INJURIES OR DAMAGES RESULTING FROM NEGLIGENCE – Awarded Proposer shall defend, indemnify and save harmless Macomb Township and all its elected officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the awarded Proposer, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from proposal award. Awarded Proposer shall pay any judgment, with costs, which may be obtained against the Township growing out of such injury or damages.

I. WAIVER(S) OF SUBROGATION: To the extent permitted by law, Macomb Township and the awarded Proposer waive all rights against each other and any of their subcontractors, agents and employees, and separate contractors, if any, and any of their subcontracts, subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this agreement or other property insurance applicable to the work. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity has an insurable interest in the property damaged for this contract.

J. WARRANTY – The awarded Proposer shall warrant that all materials utilized in the performance of this contract shall conform to the proposed specifications and/or all warranties as stated. All parts and labor shall have a warranty for 2 years from the project completion date.

K. SALE, ASSIGNMENT, OR TRANSFER OF CONTRACT – The awarded Proposer shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of the Township.

SECTION 2 – QUALIFICATIONS OF PROPOSERS

In order to qualify for an award, a Proposer shall have the capability in all respects to perform the work and the integrity and reliability, which will assure good faith performance. This requirement shall include, but is not limited to, the availability of the appropriate financial, material, equipment, facility, personnel, ability, expertise, and experience necessary to meet all requirements. No proposal will be considered from any Proposer unless: (1) known to be skilled and regularly engaged in construction work for a minimum of five (5) years on projects of similar size and complexity to this work, (2) Proposer employs persons trained for the application of specified work, and (3) Proposers must have the required professional licenses related to the business/service they intend to operate.

SECTION 3 – BACKGROUND AND SCOPE OF WORK

I. BACKGROUND

The men’s and women’s restrooms in Macomb Corners Park require remodeling, repairs, and updates. All updates will be in compliance with ADA guidelines. Each restroom has approximately 220 square feet with similar layouts. The floor in the restrooms has shifted and the tile is cracking and coming off the base of the walls. The photographs below were taken in the work areas to show the current conditions. The floor in the men’s room had a pipe repair under the floor. The replacement tile was not able to be matched to the original tile and the floor did not receive the proper pitch.

II. SCOPE OF WORK

A. DRAWINGS AND PERMITS – The awarded Contractor will be required to review the provided plans/drawings (Attachment L). The Macomb Township Building Department will require permits for all work. Although there will be no permit fees charged by the Township, the awarded Contractor must obtain all necessary permits before commencing any activities on this project.

B. WORK SCHEDULE – In accordance with the Macomb Township Code of Ordinances, all work must be completed between the hours of 7:00am – 7:00pm. The Contractor may work Saturday, Sunday or a legal holiday from 12:00pm – 7:00pm, if approved by Macomb Township.

C. CLEANING/PROTECTION OF UNCHANGED SURROUNDINGS: Contractor must clean and protect unchanged surroundings, sidewalks and grounds.

D. WORK SITE PREPARATION BY THE TOWNSHIP –The Township will provide an area sectioned off for storage during the project and will provide a portable toilet on the property for the entire time of the project.

E. DEMOLITION BY CONTRACTOR – The contactor will conduct all demolition. The contractor will remove soffits, lighting, toilets, hand dryers, entry doors, countertops, mirrors, sinks, floor tiles, etc., and will properly dispose and discard all materials.

F. ENTRY DOORS – Doors shall be removed, disposed of, and replaced with a similar commercial door with a commercial door closer, handle, and locks. Locks will be removed from existing doors and added to the new doors. If locks are not removed prior to disposal, the contractors will replace with new locks, keyed to the existing locks at the contractors’ expense.

G. WINDOWS – All windows on this project will be removed, disposed of, and replaced with privacy windows

(frosted glass or similar, no glass block). Windows must obstruct any view from outside while proving natural light into the restrooms.

H. CEILINGS – The Contractor will determine if the ceilings will be removed and replaced or repaired as needed. Access panels and lighting shall remain in the ceiling.

I. PLUMBING – The Contractor will assess and address any plumbing needs for this project. This will include supply valves, supply lines, floor drains and sanitary lines. The contractor will be responsible for connecting all water lines, traps and drains.

J. SUBFLOOR – After removal of the existing tile floor the subfloor may require the repairing of the concrete.

The floor may require leveling and be pitched to allow for proper drainage. The floor must be pitched 1/4 to 1/2 inch of slope for every linear foot for proper drainage. Any cracks, spalled or deteriorated joints, chips and dents, etc. must be repaired prior to the installation of the new tile.

K. TILE – The contractor will install a new commercial grade, non-slip tile floor and tile the walls in each restroom. Grout must also be of a commercial grade for both the floor and walls. The contractor is responsible for calculating the actual area of the work prior to the proposal. The new tile portion of the proposal will include an extra 5-10% of additional tile to be left with Macomb Township for any future repairs that become necessary. The floor will be completely tiled, and the wall tile will be 6’-0” up from the floor, or greater based on the tile size. No tile will be installed on the back wall in the sink area of the restrooms (mirror will be installed on the back wall). The subfloor must be repaired and leveled as needed prior to tiling. The tile floor will be pitched 1/4 to 1/2 inch of slope for every linear foot to allow for proper drainage. All tiled areas will be properly prepared to withstand heavy foot traffic, athletic footwear (metal cleats and spikes), varying temperature conditions (rooms have no heat or insulation) and exposure to cleaning chemicals. The contractor will advise the Township if seal coating is required for durability purposes.

L. MATERIAL SPECIFICATIONS – The awarded Contractor must provide spec sheets for a commercial grade tile, thinset/mastic, and epoxy grout. Any materials in question will be reviewed by the Township

Building Department. The Township requires proposed materials for tile to meet or surpass the ANSI

A137.1:2022 specifications.

M. COUNTERTOP AND SINKS – The Contractor will provide information on a durable commercial countertop and sinks including a back splash that are ADA compliant. The Contractor will suggest the best products for this application to the Township. The Township will have the final say in selecting the chosen product.

N. MIRRORS – The Contractor shall install mirrors in compliance with ADA guidelines. Mirrors located above the countertops shall be no more than 40 inches above the finished floor section per ADA guidelines, Section 603.3. The mirror will be the length of the countertop (approx. 80 inches) and 48 inches tall.

Mirrors will meet all Federal Safety Laws of Tempered Glass. Mirrors will be permanently mounted to the wall behind the sinks.

O. ELECTRICAL – All electrical will be checked and updated as needed. Each restroom will require the installation of a vented exhaust fan with a humidistat. The humidistat will be placed in a vented locking case with an access key. Any new or additional lighting shall be LED lighting. The contractor will recommend the proper lighting level per restroom area. Contractor will be responsible for re-installing any electrical items including the electric hand dryers that were removed by the Township.

P. VENTING – Each restroom will have a fresh air intake installed either in the ceiling or through the wall.

The fresh air intake must be installed in conjunction with an exhaust fan.

Q. RESTROOM PRIVACY PARTITIONS – Contractor shall be required to install new Solid Plastic or Phenolic privacy partitions, and the handicap stalls will have grab bars that meet the ADA guidelines. Any fasteners needed will use Tamper proof security fasteners on all privacy partitions and grab bars.

R. TOILET AND URINAL INSTALLATION – After construction is completed, the contractor will install new toilets mounted to the floor or with bowl/floor supports, urinals and privacy partitions and will hook up all necessary connections.

S. PAINTING – The contractor shall prep and paint the untiled walls, new doors, and ceiling. Primer will be required on any new surface. The contractor will use commercial grade primer and paint on all surfaces.

T. MANDATORY PRE-BID MEETING: Prospective contractors interested in submitting a proposal for this project are required to attend a pre-bid meeting on April 4, 2025, at 3:00 PM EST at Macomb Corners Park (Concession Stand Restrooms, next to the playscape), 19449 25 Mile Road, Macomb Township, MI 48042. This will allow prospective contractors to view the project and ask questions. Please registrar no later than 3:00 PM ET the day prior to the meeting. To register for the meeting, send an email to:

marshj@macomb-mi.gov. Registration is appreciated but not required.

U. AWARD INTENT - It is the Township’s desire to work with a single Contractor. The Contractor may hire subcontractors to complete specialty work as needed.

V. PROJECT SCHEDULE – This project shall begin in June upon receipt of Township Board approval with an anticipated completion within 6 to 8 weeks.

The Proposal shall include a proposed schedule for the performance of work, with a Gantt chart which shall minimally include the number of days required to complete the project and the date that the project maybe started. Daily work hours will be proposed by the Contractor for approval by the Macomb Township Parks Department. The awarded Contractor must coordinate with Macomb Township Parks Department to schedule the project to minimize disruption to the daily activities.

Within ten (10) days after receiving notice of award, the proposer shall provide a schedule of services.

Proposer can start Work within 10 calendar days from the issuance of the “Notice to Proceed” by the Township. The “Notice to Proceed" is shown in Attachment B.

W. SUBCONTRACTORS - The successful proposer is permitted to use subcontractors, in whole or in part, with the prior written consent of the Township.

X. WORK SITE – Proposer shall not upload, move, hoist, and/or store material or equipment, so as to interfere with normal use of facilities and/or driveways, sidewalks or building entrances except with prior written authorization by the Township. The awarded Proposer shall perform clean-ups of the work area daily to remove debris from that day’s work. At the completion of the work, the Proposer shall remove all equipment, surplus material, rubbish, and debris, etc., from the premises and legally dispose of it. The location of material and equipment storage, vehicle parking and staging areas shall be established with the Township’s approval.

Y. NOTIFICATION OF PROGRESS – The Contractor shall keep the Township informed as to project progress as necessary or when requested.

SECTION 4 – BOND REQUIREMENTS AND NOTICES AND PAYMENTS (IF REQUIRED)

The successful proposer whose proposal is $50,000 or more will be required to furnish US Treasury Listed Company Performance, Maintenance-Guarantee, and Payment Bonds in the amount of 100% of their proposal.

The cost of the Bonds shall be included in each proposal.

A. BID SECURITY BOND – Each Proposal shall be accompanied by a certified check or bank draft in the amount of 5% of the total proposal amount, payable without condition to the Township of Macomb as security for the acceptance of this contract. A bid bond in the amount of 5% of the total amount proposal issued by an approved Surety Company and executed by the proposer, may be furnished in lieu of a certified check. See Attachment C.

mailto:marshj@macomb-mi.gov

B. PERFORMANCE AND PAYMENT BONDS – Contractor shall furnish Performance and Payment bonds, each in an amount at least equal to the contract price as security for the faithful performance and payment of all of Contractor’s obligations under Contract documents. These bonds shall remain in effect until one year after the date when final payment becomes due. See Attachment D and Attachment E.

C. MAINTENANCE AND GUARANTEE BOND – Contractor shall furnish a Maintenance and Guarantee Bond in an amount at least equal to the contract price. This bond shall remain in effect until two years after Notice of Final Completion. See Attachment F.

D. PAYMENTS – Invoices shall be submitted no more frequently than monthly and shall coincide with the value of work performed. The Township will remit payment on undisputed invoices or undisputed portions of invoices within thirty (30) days of receiving the invoice, but in no event shall a payment be made if such payment will result in the contractor receiving an amount that exceeds the value of services performed to date. The invoice must be accompanied by the “Partial Waiver of Lien” in Attachment G.

Upon final completion and acceptance of the Work, the Contractor may submit for final payment. The invoice for the final payment must be accompanied by the “Contractor’s Affidavit” in Attachment H, the “Notice of Final Completion” in Attachment I and the “Final Unconditional Waiver of Lien” in Attachment J.

SECTION 5 – PRICE AND PAYMENT PROCEDURE

A. BREAKDOWN OF CONTRACT AMOUNT

1. In cases where lump sum prices are required in the bid form, the Contractor shall, within 10 days of receipt of the Notice to Proceed, submit a complete breakdown of the Contract Amount. The breakdown shall show the value assigned to each part of the Work, including an allowance for profit and overhead. Upon approval of the breakdown by the Township, it shall be used as a basis for all requests for payment.

B. REQUESTS FOR PAYMENT

1. Periodically, the Contractor may submit to the Township a request for payment for Work performed.

A copy of the Contractor’s Declaration (in Attachment K) and the Contractor’s Affidavit (in Attachment H) shall be completed, signed, and attached to each Request for Payment. Partial Waivers of Lien (in Attachment G) may be required from subcontractors and suppliers when they have notified the Township in writing of a claim on the project. Also to be included are any other periodic reports required (such as monthly payrolls, etc.).

2. In cases where Unit Prices form the basis for payment under the Contract, the Request for Payment shall state the units of Work completed to date. If the Request for Payment includes materials and equipment stored on the site, it shall be accompanied by invoices from the manufacturer or Supplier or such other information satisfactory to the Township. In cases where Lump Sum items are included in a Unit Price Contract, the Contractor shall be paid for the percentage of Work completed, as determined by the Township.

C. PROGRESS PAYMENTS TO THE CONTRACTOR

1. Invoices shall be submitted no more frequently than monthly and shall coincide with the value of Work performed. The Township will remit payment on undisputed invoices or undisputed portions of invoices within thirty (30) days of receiving the invoice, but in no event shall a payment be made if such payment will result in the contractor receiving an amount that exceeds the value of services performed to date.

2. Notarized AIA Document G702 (Application and Certificate for Payment) supported by AIA Document

G703 (Continuation Sheet) shall be submitted to request payments. To ensure proper performance of the Contract, the Township shall retain 10% of the amount of the requested payment for completed Work and/or stored materials until completion and acceptance of all Work covered by the Contract.

However, the maximum amount so retained shall not exceed 5% of the bid contract amount.

D. TOWNSHIP’S RIGHT TO WITHHOLD PROGRESS PAYMENTS

1. The Township may withhold any progress payment, in whole or in part, to the extent necessary to protect itself from loss on account of any of the following causes discovered:

i. Defective Work.

ii. Evidence indicating probable filing of claims by other parties against the Contractor.

iii. Failure of the Contractor to make payment to Subcontractors and/or material suppliers.

iv. Damage to another Contractor’s work.

v. Failure to submit periodic reports required by the Contract Documents.

E. PAYMENT FOR REJECTED WORK AND MATERIALS

1. The removal of rejected Work and materials and the re-execution of such Work in an acceptable state shall be done at the expense of the Contractor; and he shall pay the cost of replacing other contractors’ work which is destroyed or damaged by the removal and subsequent replacement of the rejected Work or materials.

2. The cost of removing rejected work or materials by the Township shall be paid by the Contractor within 30 days after written notice to pay is given by the Township. If the Contractor does not pay the expenses of such removal, the Township may sell the materials at auction or at private sale and shall pay to the Contractor the net proceeds therefrom after deducting all the cost and expenses incurred by the Township for such removal. Should the sale price of such material be insufficient to pay the cost of removal, the difference shall be deducted from payments due the Contractor for Work done under this Contract.

F. PAYMENT FOR UNCORRECTED WORK

1. Should the Township direct the Contractor not to correct work that has been damaged or that has not been performed in accordance with the Contract documents, an equitable deduction from the Contract Price shall be made to compensate the Township for the uncorrected work.

G. PAYMENT FOR WORK BY THE TOWNSHIP

1. The cost of the work performed by the Township in removing equipment, tools, supplies, and restoration and for correcting deficiencies shall be paid by the Contractor.

H. PAYMENT FOR WORK SUSPENDED BY THE TOWNSHIP

1. If the work or any part thereof shall be suspended by the Township and abandoned by the Contractor, the Contractor will then be entitled to payment for all Work done on the portions so abandoned plus 15% of the value of the abandoned work to compensate for overhead, expenses, and profit on such abandoned work.

I. PAYMENT FOR WORK DONE BY THE TOWNSHIP FOLLOWING ITS TERMINATION OF THE

CONTRACT

1. Upon termination of the Contract by the Township, no further payments shall be due the Contractor until the Work is completed. If the unpaid balance of the Contract Amount shall exceed the cost of completing the Work (including all overhead cost), the excess shall be paid to the Contractor. If the cost of completing the Work shall exceed the unpaid balance, the Contractor shall pay the difference to the Township. The cost incurred by the Township and the damage incurred through the Contractor’s default shall be certified and approved by the Township.

J. PAYMENT FOR WORK TERMINATED BY THE CONTRACTOR

1. Upon suspension of the Work or termination of the Contract by the Contractor, the Contractor shall recover payment from the Township for the Work performed.

K. PAYMENT FOR EXTRA WORK

1. The Township’s order for extra Work shall be in the form of a Change Order to be signed by both the Township and the Contractor and shall specify any extension of the Contract time and one of the following methods of payment.

i. Unit Prices or combinations of Unit Prices which formed the basis of the original Contract.

ii. A Lump Sum based on the Contractor’s estimate, approved by the Township.

iii. Actual cost of direct Work by the Contractor plus 15% for overhead and profit. Actual cost of

Subcontract Work shall include 5% of the Contractor’s overhead and profit. Actual cost of direct Work by the Contractor shall be:

1. Labor Costs shall be the amount shown on the Contractor’s payroll plus unemployment taxes and Workmen’s Compensation insurance when such additional taxes or insurance costs can be shown to have been incurred.

2. Material Costs shall be the net price paid for material delivered to the site of the Work.

3. Equipment and equipment rental shall be the actual additional costs incurred for necessary equipment actually used in the Extra Work. No payment will be made for equipment not used in the Extra Work.

2. No claim for Payment for extra work shall be valid unless so made in writing. In all cases, the

Contractor’s itemized estimate sheets showing all labor and materials shall be submitted to the Township.

L. MATERIAL STORED ON SITE

1. The cost of materials and/or equipment not incorporated in the Work that meet the contract requirements, may be paid when the following conditions are met:

i. Delivered materials/equipment are stored or stockpiled at the project site or at a location approved by the Township.

ii. The value of the delivered Materials to be used in one item of the Work is greater than $3,000 and is not scheduled for placement in the Work within 30 days of delivery.

iii. The invoiced amount is certified by the Supplier.

2. If the Supplier notifies the Township that payment authorized by the Township has not been received, and the Supplier claim remains unsatisfied for more than 30 days after the Township’s payment to the Contractor, then the amount provided by payment to the Supplier shall be deducted from the next Contractor Application for Payment.

M. ACCEPTANCE AND FINAL PAYMENT

1. Upon final completion and acceptance of the Work, the Contractor may submit for final payment. The invoice for the final payment must be accompanied by the Contractors Declaration in Attachment K, Contractor’s Affidavit in Attachment H, the Notice of Final Completion in Attachment I and the Final Unconditional Waiver of Lien in…