Bev Hls_Beverly Park_Project Manual_BIDDING_2025-0623 c.pdf

June 23, 2025

TO: All Prospective Bidders

FROM: The Village of Beverly Hills Clerk

RE: Request for BID Proposal

BID 20250418-Beverly Park Playscape Improvements

The Village of Beverly Hills Clerk invites companies to review the attached Request for Bids for

Construction Services. The attached documents will be used to determine the most qualified Contractor with the ability to provide these services.

The effective date of the resulting contract will be upon Village approval. A Committee will make the decision as to the selection of the most qualified vendor. Their decision will be deemed in the Village of

Beverly Hills’ best interest and will be final. There will be a Mandatory Pre-Bid Meeting scheduled for

Friday, June 27, 2025 at 10:00 a.m. EDT at the Village of Beverly Hills, 18500 W 13 Mile Road, Beverly

Hills, MI 48025 in the Meeting Room.

All interested parties are encouraged to attend. The selected firms may be required to attend interviews where they would provide a detailed explanation of their Qualifications and Fee Proposal. The Village of

Beverly Hills urges all interested parties to submit the enclosed Bid Documents.

Sincerely, Neil Johnston Public Services Director Village of Beverly Hills

Beverly Park Playscape Improvements Section 1: Section Guide

Section 1: Section Guide

Section 1:

Section Guide � 1 Page

Section 2:

Instructions to Bidders � 3 Pages

Section 3:

Bid Proposal and Selection Process � 3 Pages

Section 4:

Terms and Conditions, Public Act 57 � 8 Pages

Section 5:

Insurance and Indemnifications Requirements � 3 Pages

Section 6:

Attachments

Forms for Bid Proposal (7 Forms)

Forms for Contract Execution (4 Forms)

Forms for Payment and Closeout (4 Forms)

Section 7:

Fee Proposal (To be compiled separately from rest of Submittal)

Bid Form � 2 Pages

Allowance Form

Unit Price Form

Alternates Form

Section 8:

Technical Specifications � 47 Pages

Attachment A � 40 pages

Section 9:

Drawings � 5 Sheets/Pages

Section 2: Instructions to Bidders

SECTION 2: INSTRUCTIONS TO BIDDERS

Sealed Fee Proposal for BEVERLY PARK PLAYSCAPE IMPROVEMENTS for the VILLAGE OF BEVERLY HILLS will be electronically received by the Village of Beverly Hills, 18500 W 13 Mile Road, Beverly Hills, MI 48025 until MONDAY, JULY 14, 2025, at 11:00 AM E.D.T., after which time they will be publicly opened and read aloud. Late bid submittals will not be accepted. Electronic Bid Submission only.

ELECTRONIC PROPOSALS MUST BE ENTERED INTO BIDNET (MITN) PROCUREMENT

SYSTEM ON OR BEFORE 11:00 am on Monday, JULY 14, 2025.

1. The following pages include a questionnaire and proposal pricing section to be completed by each prime contractor submitting a proposal. Each item must be completed with a response. Contractors not responding to the questions may be classified as unresponsive. The bidder must initial any corrections. The questionnaire and proposal are to be completed in legible form, preferably typewritten.

2. The response must follow this format. Supplemental information should be provided in additional sections following the same numbering scheme. The response should be concise and complete.

3. Any additional written material such as professional records, certifications, etc. your firm may think important should be attached and submitted to augment the data included in the questionnaire and proposal. It is not necessary to include expensive custom binders, displays, or other materials unless the firm believes such materials are necessary to the proposal. All costs incurred in the preparation and presentation of the proposal shall be wholly borne by the prospective bidder.

4. NO FAXED DOCUMENTS WILL BE ACCEPTED.

5. TIMELY SUBMITTALS: Late submittals will not be accepted.

6. All information requested herein shall be submitted with the Bid Proposal failure to do so may result in rejection of the BID as non-responsive and/or incomplete.

7. The Village of Beverly Hills reserves the right to reject any and all Bids, to waive any informality in any Bid received, and to accept any Bid or part thereof, which shall be deemed to be most favorable to the interests of the Village of Beverly Hills.

8. Any and all proposals submitted must be on the Village of Beverly Hills request for proposal forms. If more than one proposal is submitted, a separate proposal form must be used for each. Forms are enclosed or obtainable from the Village of Beverly Hills Clerk or on the Michigan Intergovernmental Trade Network website at www.mitn.info.

9. Municipalities are exempt from Michigan State Sales and Federal Excise taxes. Do not include such taxes in the proposal figure. The City will furnish the successful bidder with tax exemption certificates when requested.

10. If further information regarding this proposal is required, please contact the Village Clerk (248) 646-6404

Section 2: Instructions to Bidders - continued

11. CONTRACTOR CHANGES OR ALTERATIONS TO BID DOCUMENTS INCLUDING

SPECIFICATIONS MAY RESULT IN A BID BEING CONSIDERED NON-RESPONSIVE. The only authorized Contractor changes to a BID document will be in the areas provided for a bidder’s response, including the “Exceptions” section of the proposal. If a change or alteration to the documents is undetected and the bidder is awarded a contract, the original terms, conditions, and specifications in the Authorized Version of the BID document will be applicable during the term of the contract. The Village of Beverly Hills shall accept NO CHANGES to the BID document made by the Contractor unless those changes are set out in the “Exceptions” provision of the Authorized Version of the BID document. It is the Contractor’s responsibility to acquire knowledge of any changes, modifications or additions to the Authorized Version of the BID document. Any Contractor who submits a proposal and later claims it had no knowledge of any changes, modifications or additions made by the Village of Beverly Hills to the Authorized Version of the BID document, shall be bound by the proposal, including any changes, modifications or additions to the Authorized Version.

12. If a proposal is awarded to a Contractor who claims that it had no knowledge of any changes, modifications or additions made by the Village of Beverly Hills to the Authorized Version of the BID, and that Contractor fails to accept the award, the Village of Beverly Hills may pursue costs and expenses to re-bid the item from that Contractor. The Authorized Version of the BID document shall be that document appearing on the MITN System with any amendments and updates.

13. The Village of Beverly Hills officially distributes bid documents from the Village Clerk or through the Michigan Intergovernmental Trade Network (MITN) website. Copies of bid documents obtained from any other source are not considered official copies. Only those vendors who obtain bid documents from either the Purchasing Department or the MITN website are guaranteed access to receive addendum information, if such information is issued. If you obtained this document from a source other than the sources indicated, it is recommended that you register on the MITN website and obtain an official copy.

14. A successful bidder furnishing labor on Village/public premises does agree to have his workers covered by Worker's Compensation and furnish a Certificate of Insurance and Endorsement showing coverage for bodily injury and property damage and worker's compensation to the Village Clerk within 5 days of a verbal request. The "Company Representative" does warrant that by signing the BID document, the "additional insured endorsement" will be included in the Insurance Coverage supplied to the Village as part of the specified requirements.

15. To the fullest extent permitted by law, the successful bidder agrees to defend, pay on behalf of, indemnify, and hold harmless the Village of Beverly Hills, its elected and appointed officials, employees and volunteers and others working on behalf of the Village of Beverly Hills against any and all claims, demands, suits, or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Village of Beverly Hills , its elected and appointed officials, employees, volunteers or others working on behalf of the Village of Beverly Hills , by reason of personal injury, including bodily injury or death and/ or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract.

16. To the extent permitted by law, the Village of Beverly Hills and the successful bidder waive all rights against each other and any of their subcontractors, sub-subcontractors, agents and employees, and the architect, architect’s consultants, 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 the person or entity had an insurable interest in the property damaged for this contract.

Section 2: Instructions to Bidders - continued

17. Each bid must be accompanied by a cashier’s check, certified check, or money order to the Village of Beverly Hills in the amount of $25,000.00 to insure the bid. BID BONDS ARE NOT ACCEPTABLE. A pdf version of this Certified Check must be included with your Electronic Bid Submission Response.

The original check of the successful bidder must be submitted prior to recommendation for award of bid.

The bid surety will be returned to the successful bidder upon submission of the specified, acceptable Performance, Labor and Materials Payment Bonds, and an executed one-year Maintenance Bond in the amount of 100% of the project in accordance with specifications.

18. BID DEPOSIT AND FORFEITURE:

The bid deposit of the lowest bidder shall be forfeit if, after bid opening, a change in the bid price or other provision of the bid is required by the bidder that is prejudicial to the interest of the Village of Beverly Hills or fair competition.

19. Bids will be received electronically on the MITN website. Bid openings are being conducted in accordance with Village Charter and Code utilizing Zooms. If interested, Bidders can attend bid openings. Please contact Neil Johnston, Public Services Director, njohnston@villagebeverlyhills.com with any questions regarding the bid opening. Final bid results will be posted on the MITN website after award. Please register to see results - www.bidnetdirect.com//village-of-beverlyhills-mi .

SPECIAL INSTRUCTIONS

• A Mandatory Pre-Bid Meeting will be held on Friday, June 27, 2025, at 10:00 AM at the Village of

Beverly Hills, 18500 W 13 Mile Road, Beverly Hills, MI 48025. The meeting will be held with prospective bidders to answer and/or clarify questions regarding bid specifications and site plans.

Weather permitting, a walk through of the project site will take place after the Mandatory Pre-Bid Meeting.

• Additional Information: For additional information or questions concerning this project, please contact Stacey Tobar, Project Manager at (248) 210-5393 or Stacey.Tobar@ohm-advisors.com between the hours of 8:00 a.m. to 4:00 p.m., Monday through Thursday. Submit questions on provided RFI Form included in project manual. All questions must be made in writing prior to Monday, July 7, 2025 end of business day.

• Documents should be uploaded as two separate PDFs:

• Qualifications to be combined into one file and named QUALIFICATIONS – Beverly Park

• Fee Proposal Document to be combined and named FEE PROPOSAL – Beverly Park.

BID OPENINGS

Time: Monday, July 14, 2025 at 11:00 AM Eastern Time (US and Canada).

mailto:njohnston@villagebeverlyhills.com http://www.bidnetdirect.com/village-of-beverlyhills-mi.

Section 3: Bid Proposal

SECTION 3: BID PROPOSAL

PROPOSALS: The undersigned as bidder declares that he/she having examined the plans and specifications with the related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including availability of materials and labor, hereby proposes to complete the Project which consists of playscape improvements at Beverly Park within the Village of Beverly Hills.

The Work of the Project is defined by the Contracts Documents and consists of the following;

The scope of this project is the demolition and removal of existing play structure and safety surfacing; provide and install a new playscape and associated site amenities and features.

THE BIDDER’S ATTENDANCE AT THE SCHEDULED PRE-BID SITE VISIT IS A REQUIREMENT FOR

SUBMITTING A BID PROPOSAL.

BID PROPOSAL: A single prime contract based on a Stipulated Price as specified to furnish all labor, equipment materials, and supplies, to complete the program in accordance with the bid specifications, within the time set forth therein, and at the price stated below. The price shall cover all expenses incurred in performing the work required under the contract documents, of which this Proposal is part, and include the following:

• Develop, coordinate and maintain project schedule.

• Obtain all permits and coordinate inspections.

• Review submittals for conformance with the design drawings and specifications.

• Set up and maintain temporary utilities, site security, dumpsters, sanitary facilities, etc. to support construction.

• Provide full time job site supervision.

• Provide a safety representative and be responsible for safety precautions and programs.

• Routine job clean up, debris removal, and dust control.

• Monitor compliance with permit conditions.

• Coordinate with design professional and issue field memos and clarifications as required.

• Review and provide monthly pay application for payment.

• Coordinate biweekly progress meetings.

• Maintain daily inspection records by varying site conditions.

• Coordinate inspections, materials testing, and special testing with design profession and Village as required.

• Attend all contractor walk-throughs, final inspections and demonstrations.

• Organize and deliver as-built drawing mark ups, project records, manuals, warranties, product literature, etc.

• Final job site cleanup.

NOTE: State or federal funds are being used to assist in construction and all relevant State or federal requirements will apply.

1. Contractor must comply with all requirements of 1976 PA 453 (Elliott-Larsen Civil Rights Act) and 1976 PA 220 (Persons with Disabilities Civil Rights Act), as amended. Therefore, the contractor and any subcontractors 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 or a disability that is unrelated to the individual’s ability to perform the duties of a particular job or position.

Section 3: Bid Proposal

BID PROPOSAL

SIGNATURE PAGE

PRICES:

Prices shall remain firm for 60 days or bid award, whichever comes first, except the successful bidder(s) whose prices shall remain firm through project completion and final acceptance in accordance with the bid specifications.

SIGNATURE OF AUTHORIZED COMPANY REPRESENTATIVE:_____________________________________________

NOTE: The undersigned has checked carefully the bid figures and understands that he/she shall be responsible for any error or omission in this bid offer and is in receipt of all addenda as issued.

TAX ID:_____________________________________________________________________________

COMPANY: _________________________________________________________________________

ADDRESS: ____________________________ CITY: ______________ STATE: _____ZIP: __________

PHONE: (___)______________________________ FAX NUMBER: (___)________________________

REPRESENTATIVE NAME: ____________________________________________________________

SIGNATURE OF AUTHORIZED COMPANY REPRESENTATIVE: _____________________________________________

PAYMENT TERMS: _________________________ WARRANTY: ______________________________

CHECK INCLUDED: ______________________ COMPLETION: ______________________________

EMAIL: __________________________________

EXCEPTIONS:

Any exceptions, substitutions, deviations, etc. from the Village of Beverly Hills specifications and this bid proposal must be stated below. The reason for the exception(s), deviation(s), substitution(s), are an integral part of this bid offer.

ACKNOWLEDGEMENT:

I, ___________________________, certify that I have read the Instructions to Bidders and that the bid proposal documents contained herein were obtained directly from the Village’s Purchasing Department or the MITN website, www.bidnetdirect.com and is an official copy of the Authorized Version.

SIGNATURE OF AUTHORIZED COMPANY REPRESENTATIVE: _________________________________________________

IMPORTANT: All Village of Beverly Hills purchases require a MATERIAL SAFETY DATA SHEET, where applicable, in compliance with the MIOSHA “Right to Know” Law. Please include a copy of any relevant MSDS at the time of bid submission.

NOTE: The Village of Beverly Hills, at their discretion, may require the bidder(s) to supply a Financial

Report from an impartial Financial Credit Reporting Service before award of contract.

US FUNDS: All prices are to be quoted in U. S. Currency.

Section 3: Criteria for Selection

SECTION 3: CRITERIA FOR SELECTION

The Village of Beverly Hills reserves the right to award this proposal to the firm considered the most qualified based upon a combination of factors including but not limited to the following:

A. Compliance with qualifications criteria B. Completeness of the proposal C. Financial strength and capacity of the firm D. Correlation of the proposals submitted to the needs of the Village of Beverly Hills E. Any other factors which may be deemed to be in the Village’s best interest F. Evaluation Process as outlined below:

Phase 1: Minimum Qualifications Evaluation (Pass/Fail) Organizations will be required to meet minimum established criteria to be considered for the second phase of the process. Minimum qualifications include:

• Prior experience with installation of play structures

• Prior experience in installation of synthetic turf safety surfacing

Phase 2: Fee Proposal (ranking) Per MiGrants, the lowest qualified bidder is to be awarded the project.

Note:

The Village of Beverly Hills reserves the right to change the order or eliminate an evaluation phase if deemed in the Village’s best interest to do so.

PUBLIC ACT 57

STATE OF MICHIGAN

89th LEGISLATURE

REGULAR SESSION OF 1998

Introduced by Resp. Middaugh, Alley, Brackenridge, Olshove, Dobronski, Griffin, Gernaat, Walberg, Rhead, Richner, Kukuk, Callahan, Murphy, Thomas, Leland, Profit, Palamara, Wetters, McNutt, Varga, Gagliardi, Gustafson, Kilpatrick, Sikkema, Schermesser, Birkholz, Bodern, Dobb, Raczkowski and Perricone.

ENROLLED HOUSE BILL NO. 5607

AN ACT to require contractors to provide certain notices to governmental entities concerning improvements on real property; to allow for the modifications of contracts for improvement to real property; to provide for remedies; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

Sec. 1 As used in this act:

(a) “Contractor” means a person who contracts with a governmental entity to improve real property or perform or manage construction services. Contractor does not include a person licensed under Article 20 of the Occupational Code, 1980 PA 299, MCL 339.2001 to 339.2014.

(b) “Governmental Entity” means the state, a county, city, township, village, public educational institution, or any political subdivision thereof.

(c) “Improve” means to build, alter, repair, or demolish an improvement upon, connected with, or beneath the surface of any real property, to excavate, clear, grade, fill, or landscape any real property, to construct driveways and roadways, or to perform labor upon improvements.

(d) “Improvement” includes, but is not limited to, all or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, landscaping, trees, shrubbery, driveways, and roadways on real property.

(e) “Person” means an individual, corporations, partnership, association, governmental entity, or any other legal entity.

(f) “Real Property” means the real estate that is improved, including, but not limited to, lands, leaseholds, tenements, hereditaments, and improvements placed on the real property.

Sec. 2 A. contract between a contractor and a governmental entity for an improvement that exceeds $75,000.00 shall contain all the following provisions:

(a) That if a contractor discovers 1 or both of the following physical conditions of the surface or subsurface at the improvement site, before disturbing the physical condition, the contractor shall promptly notify the governmental entity of the physical condition in writing.

(i) A subsurface or latent physical condition at the site is differing materially from those indicated in the improvement contract.

(ii) An unknown physical condition at the site is of an unusual nature differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the improvement contract.

(b) That if the governmental entity receives a notice under subdivision (a), the governmental entity shall promptly investigate the physical condition.

(c) That if the governmental entity determines that the physical conditions do materially differ and will cause an increase or decrease in costs or additional time needed to perform the contract, the governmental entity’s determination shall be made in writing and an equitable adjustment shall be made and the contract modified in writing accordingly.

(d) That the contractor cannot make a claim for additional costs or time because of a physical condition unless the contractor has complied with the notice requirements of subdivision (a). The governmental entity may extend the time required for notice under subdivision (a).

(e) That the contractor cannot make a claim for an adjustment under the contract after the contractor has received the final payment under the contract.

Sec. 3 (1) If the contractor does not agree with the governmental entity’s determination, with the governmental entity’s consent the contractor may complete performance on the contract.

(2) At the option of the governmental entity, the contractor and the governmental entity shall arbitrate the contractor’s entitlement to recover the actual increase in contract time and costs incurred because of the physical condition of the improvement site. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association and judgment rendered may be entered in any court having jurisdiction.

Sec. 4 If an improvement contract does not contain the provisions required under Section 2, the provisions shall be incorporated into and considered part of the improvement contract.

Sec. 5 This Act does not limit the rights or remedies otherwise available to a contractor or the governmental entity under any other law or statue.

Sec. 6 This Act is repealed effective December 31, 2001.

Enacting Section 1 This Act takes effect 180 days after the date this Act is enacted.

This Act is ordered to take immediate effect.

(Signed by John Engler, Governor of Michigan, at 3:00 p.m. on April 8, 1998)

Section 4: Terms and Conditions

SECTION 4: TERMS AND CONDITIONS

SIGNATURE:

Each authorized representative of the organization must sign the BID with their usual signature and shall give their full business address. BID documents submitted by partnerships shall be signed with the partnership name by one of the members or by an authorized representative. BID documents by corporations shall be signed with the name of the corporation followed by the signature and designation of the President, Secretary, or other person authorized to bind it in the matter. BID documents from governmental agencies must be signed by the principal authorized to bind it in the matter.

PURCHASE ORDER:

After the Village Council has approved the award, the Village of Beverly Hills Purchasing Department will send an award letter to the Contractor. Once notified, the Contractor will be required to submit the specified bonds. A purchase order will be issued in approximately one-week and released, once acceptable bonds and insurance are received. A purchase order issued in conjunction with the Contract Form (provided in the Forms Section) from the Village of Beverly Hills will create a bilateral contract between the parties, and the successful bidder(s) shall commit to perform the contract in accordance with the proposal.

CONTRACT TERMINATION:

The Village of Beverly Hills shall reserve the right to terminate the contract upon written notice due to poor performance. The Village of Beverly Hills designated representative will be solely responsible for determining acceptable performance levels. His/her decision will be deemed in the Village of Beverly Hills’s best interest and will be final.

TERMINATION FOR CONVENIENCE:

The Village may cancel the contract for its convenience, in whole or in part, by giving the Contractor written notice 30 days prior to the date of cancellation. If the Village chooses to cancel this contract in part, the charges payable under this contract shall be equitably adjusted to reflect those services that are cancelled.

PERMITS:

All work performed must meet Village and State Code. The Contractor shall obtain all applicable and required permits and arrange for inspections. All fees for said Village permits will be waived. State permits to be part of Contractors fee if applicable to project.

MICHIGAN CONSTRUCTION LIEN ACT:

The Contractor agrees that he/she will abide by all requirements of the Michigan Construction Lien Act (P.A.

1980, No. 497) as amended and effective March 1, 1982, and to provide full and complete Sworn Statements on Owner-approved forms.

PUBLIC ACT 57:

Public Act 57 requires contractors to provide certain notices to governmental entities concerning improvements on real property; to allow for modifications of contracts for improvement of real property; to provide for remedies; and to repeal acts and parts of acts. This contract shall comply with all applicable provisions of Public Act 57.

Section 4: Terms and Conditions - continued

BOND SUBMITTAL:

Subsequently, upon notice of award to the successful bidder, the Contractor shall qualify for, sign, and deliver to the Village of Beverly Hills an executed Performance Bond, an executed Labor and Materials Payment Bond, and an executed one-year Maintenance Bond secured by a surety company, acceptable to the Village of Beverly Hills by being licensed to do business in Michigan, and be included on the U. S. Treasury Department Surety List and/or have a rating of A (-) or better by A. M. Best, and/or Standard and Poor, on standard AIA forms, each in the amount of one hundred percent (100%) of the contract sum. Attorneys-in-fact who sign such bonds must attach a certified copy of their Power of Attorney when the bonds are submitted.

The Contractor shall abide by the provisions set forth therein. Any item of work performed by other than the Contractor or approved Subcontractors will be considered as unauthorized and shall not be paid for under the provision of the Contract.

IMPORTANT INFORMATION:

The Village shall have the right to require by written order, changes in, additions to, or deductions from the work required by the proposal provided that if changes, additions, or deductions are made, the general character of the work as a whole is not changed thereby. Adjustments in the proposal price, if any, because of any change, addition, or deduction in the work, shall be determined as hereinafter provided, and any claim for extension of time for completion shall be adjusted at the time of ordering the change, addition, or deduction. No claim for change, addition, or deduction, or adjusting of price, or extension of time for completion thereof, shall be made or allowed unless done in pursuance of written order from the Village specifically authorizing such change, addition, or deduction. Drawings without a written order shall not be considered such authority. Written notice of such claims shall be made to the designated Village representative before the commencement of the work. Where the written order diminishes the quality of work to be done, this shall not constitute a basis for a claim for damages or anticipated profits on the work that may be dispensed with.

DOCUMENTS AND SUBMITTALS AT THE SITE

The Contractor shall maintain at the site for the Owner one copy of the Documents and a current set of the Construction Documents, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Submittals. The Contractor shall deliver these items to the Owner in as a record of the Work as constructed.

USE OF SITE

The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Documents, and shall not unreasonably encumber the site with materials or equipment.

WORKING HOURS

The Contractor should be aware of the Village of Beverly Hills Ordinance, Chapter 42.20 [c] 8, Offenses Against Public Peace, Safety and Morals, that limit working hours to be between 7:00 am and 8:00 pm, Monday through Saturday. Applying for a variance to this ordinance will be the responsibility of the Contractor if longer working hours are required. Permission must be obtained from the Village to work on Sundays and holidays.

UTILITY USE

Contractor to anticipate providing all own utilities unless coordinated with the Village during Construction. The intent is if electrical is available, no metering is required. Water where/when available can be provided, will need to be metered if provided off meter or Construction meter at cost to contractor.

OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS

The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces; and to award separate contracts in connection with other portions of the Project, or other construction or operations on the site, under terms and conditions identical or substantially similar to this Contract, including those terms and conditions related to insurance and waiver of subrogation. The Owner shall notify the

Contractor promptly after execution of any separate contract. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make a Claim.

When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term “Contractor” in the Documents in each case shall mean the individual or entity that executes each separate agreement with the Owner.

The Owner shall provide for coordination of the activities of the Owner’s own forces, and of each separate contractor, with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement.

The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised.

Unless otherwise provided in the Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces or separate contractors, the Owner shall be deemed to be subject to the same obligations, and to have the same rights, that apply to the Contractor under the Contract.

MUTUAL RESPONSIBILITY

The Contractor shall afford the Owner and separate contractors’ reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Documents.

If part of the Contractor’s Work depends upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, prepare a written report to the Owner, identifying apparent discrepancies or defects in the construction or operations by the Owner or separate contractor that would render it unsuitable for proper execution and results of the Contractor’s Work.

Failure of the Contractor to report shall constitute an acknowledgment that the Owner’s or separate contractors completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable.

The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor’s delays, improperly timed activities, damage to the Work or defective construction.

The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors.

The Owner and each separate contractor shall have the same responsibilities for cutting and patching the Work as the Contractor has with respect to the construction of the Owner or separate contractors.

CLEANING UP

The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about the Project.

OWNER’S RIGHT TO CLEAN UP

If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and will allocate the cost among those responsible.

PAYMENT APPLICATIONS AND PROJECT COMPLETION

Contract Sum: The Contract Sum is stated in this agreement.

PROGRESS PAYMENTS:

The Village of Beverly Hills will consider a progress payment schedule for work as completed in accordance with the proposal. The Owner or Village Representative will have final approval of the schedule as presented. No payments for work will be made until the designated Village representative approves the work as complete in accordance with the proposal. Prior to release of the final payment, consent of surety document (A1A Document G707) will be required and signed by the surety Company. The Village of Beverly Hills reserves the right to reject the payment schedule if deemed necessary and determine the final schedule.

PROPOSED PAYMENT SCHEDULE: Monthly

SCHEDULE OF VALUES

Where the Contract Sum is based on a stipulated sum or Guaranteed Maximum Price, the Contractor, prior to the first Application for Payment after execution of the Purchase Order shall submit to the Owner a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

Unless otherwise provided in the Documents, payments shall be made for services provided as well as materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site.

The Contractor warrants that title to all Work, other than Instruments of Service, covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that, upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Architect, Consultants, Contractors, material suppliers, or other persons or entities entitled to make a claim by reason of having provided labor, materials and equipment relating to the Work.

A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Documents.

RETAINAGE:

A 10% retainage will be withheld from each payment of invoice for the first fifty (50) percent of the contractor’s earned fee to a maximum retained amount equal to five (5) percent of the total amount of the contract value.

CHANGE OF CONTRACT PRICE

Contractor’s fee:

When applicable, the Contractor’s fee for overhead and profit will be determined as follows:

1. A mutually acceptable fixed fee; or

2. If a fixed fee is not agreed upon, then the fixed fee will based on the following percentages of the various portions of the Cost of Work:

a. Payroll costs of employee and all materials and equipment costs furnished and incorporated in the work, the Contractor fee will be 10 percent.

b. Payments made by Contractor to Subcontractors for Work performed by Subcontractors, the

Contractor’s fee will be 5 percent.

DELIVERY:

All materials are to be F.O.B. delivered, freight paid, to the various work sites within the Village of Beverly Hills.

PROTECTION OF PERSONS AND PROPERTY

Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract.

SAFETY OF PERSONS AND PROPERTY

The Contractor shall be responsible for precautions for the safety of, and reasonable protection to prevent damage, injury or loss to

1. employees on the Work and other persons who may be affected thereby;

2. the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Architect, Consultants, or Contractors, or other person or entity providing services or work for the Contractor; and

3. other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, or structures and utilities not designated for removal, relocation or replacement in the course of construction.

The Contractor shall comply with, and give notices required by, applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property, or their protection from damage, injury or loss.

The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notify owners and users of adjacent sites and utilities of the safeguards and protections.

INSPECTION OF WORK;

All materials and each part or detail of the work shall be subjected at all times to inspection by the Designated Village Representative, Inspector, or Agents of the Designated Village Representative. The Contractor will be held strictly to the true intent of the Specifications in regard to quality of materials. Any materials supplied under these specifications is subject to the described inspection. The Designated Village Representative shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is necessary to make a complete and detailed inspection.

CORRECTION OF WORK

Before or After Substantial Completion. The Contractor shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any design consultant employed by the Owner whose expenses and compensation were made necessary thereby, shall be at the Contractor’s expense.

SUBCONTRACTORS:

The Contractor shall abide by the provisions set forth therein. Any item of work performed by other than the Contractor or approved Subcontractors will be considered as unauthorized and shall not be paid for under the provision of the Contract.

COMPLETION SCHEDULE AND LIQUIDATED DAMAGES:

The work shall commence upon Village Council Approval. A final construction schedule shall be developed by the Contractor and shall be closely coordinated with the Village of Beverly Hills. The designated Village representative shall approve the work schedule prior to the start of the project. His/her decision as to acceptability shall be deemed in the Village of Beverly Hills’s best interest. The Village of Beverly Hills is the only party to this contract that may authorize amendment of this schedule. Final Completion Date: As noted in Instructions to Bidders.

Failure of the bidder to complete the project as specified shall result in the following penalties:

Five hundred fifty dollars ($500) per day every calendar day after final completion date that the project is not complete.

MATERIAL SAFETY DATA SHEET:

All Village of Beverly Hills purchases require a Material Safety Data Sheet, where applicable, in compliance with the MIOSHA “Right to Know” Law. Please provide copies of any relevant SDS at the time of award.

Section 7: Insurance and Indemnification Requirements

SECTION 7: INSURANCE AND INDEMNIFICATION REQUIREMENTS

Insurance requirements shall be in accordance with the attached SAMPLE INSURANCE CERTIFICATE and ENDORSEMENT. The required Insurance Certificate and Endorsement must be submitted to the Village within 5 days of the verbal/ electronic request after the bid award. The Insurance Certificate and Endorsement may be emailed in PDF form to the Village Clerk, Carissa Brown, at cbrown@villagebeverlyhills.com .

The contractor, or any of their subcontractors, shall not commence work under this contract until they have obtained the insurance required, and shall keep such insurance in force during the entire life of this contract. All coverage shall be with insurance companies licensed and admitted to business in the State of Michigan and acceptable to the Village of Beverly Hills. The requirements below should not be interpreted to limit the liability of the Contractor. All deductibles and self-insured retentions (SIR’s) are the responsibility of the Contractor.

( ) We can meet the specified insurance requirements.

( ) We cannot meet the specified insurance requirements.

( ) We do not carry the specified limits but can obtain the additional insurance coverage of $ ________________________, at the cost of $___________________.

NOTE: Please note the amendments on a sample insurance certificate and attach it to your SOQ.

( ) Our proposal is reduced by $___________ if we lower the requirement to $ _______________.

NOTE: Please note the amendments on a sample insurance certificate and attach it to your bid proposal.

IMPORTANT: A Certificate of Insurance on an ACORD Form showing present coverage as well as the required endorsements SHALL be attached to the ITB document at the time of submission of the ITB to the Office of the Village Clerk.

NOTE: Failure on the part of any bidder to contact his/her insurance carrier to verify that the insurance carried by the bidder meets Village of Beverly Hills specifications may result in this proposal being completed incorrectly.

OTHER: Sole proprietors must execute a certificate of exemption from Worker’s Compensation requirements or provide proof of Worker’s Compensation Insurance. All coverage shall be with insurance carriers licensed and admitted to do business in Michigan in accordance with all applicable statutes of the State of Michigan and acceptable to the Village of Beverly Hills.

INSURANCE VERIFICATION:

A bidder shall complete the above portion, which details additional costs that may be incurred for specified coverage without purchasing the additional coverage prior to bid submission.

WORKERS’ COMPENSATION INSURANCE, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan.

COMPANY NAME: _____________________________________________

COMMERCIAL GENERAL LIABILITY INSURANCE on an “Occurrence Basis” with limits of liability not less than $1,000,000.00 per occurrence and aggregate. Coverage shall include the following extensions: (A) Contractual liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if not already included; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable.

Section 5: Insurance and Indemnification Requirements - continued

AUTOMOBILE LIABILITY, including Michigan No-Fault Coverages, with limits of liability not less than $1,000,000.00 per occurrence combined single limit for Bodily Injury, and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

ADDITIONAL INSURED:

Commercial General Liability and Automobile Liability, as described in the attached SAMPLE shall include an Additional Insured Endorsement stating the following shall be Additional Insureds: The Village of Beverly Hills including all elected and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and council members, including employees and volunteers thereof. It is understood and agreed by naming the Village of Beverly Hills as additional insured, coverage afforded is considered to be primary and any other insurance the Village of Beverly Hills may have in effect shall be considered secondary and/or excess.

CANCELLATION NOTICE:

All policies, as described above, shall include an endorsement stating that it is understood and agreed that Thirty (30) days, Ten (10) days for non-payment of premium, Advance Written Notice of Cancellation, Non- Renewal, Reduction, and/or Material Change shall be mailed to:

Village of Beverly Hills Village Clerk 18500 W. 13 Mile Road Beverly Hills, MI 48025

PROOF OF INSURANCE COVERAGE:

The Contractor shall provide the Village of Beverly Hills, 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 all shall be furnished, if so requested.

If any of the applicable coverages expire during the term of this contract, the Contractor shall deliver renewal certificates and endorsements to the Village of Beverly Hills at least ten (10) days prior to the expiration date.

LETTER VERIFICATION:

The recommended bidder will be notified to submit a letter from the insurance agent or carrier that the insurance to be supplied will meet specifications. As an alternative, the recommended bidder may submit the certificate of insurance meeting specifications at this time at his/her option.

The Village must receive this letter or certificate within 5 business days after verbal / electronic notification has been delivered to the recommended bidder or the bidder will be considered non-responsive and the bid un-awardable.

This process will occur before presentation of the award recommendation to the Troy Village Council.

FINAL INSURANCE CERTIFICATE SUBMISSION:

After approval by Troy Village Council, the Village’s Purchasing Manager will review the insurance certificates and endorsements to ensure all acceptable documents have been received and allow (5) additional business days after verbal / electronic notification to submit final insurance certificate(s) in accordance with specifications. The Village of Beverly Hills reserves the right to WITHHOLD AND KEEP any bid surety for failure to comply. The company will be considered in default of contract and will be barred from doing business with the Village of Beverly Hills for a minimum of three (3) years for failing to meet insurance requirements.

COMPANY NAME: _____________________________________________

Section 5: Insurance and Indemnification Requirements - continued

VILLAGE OF BEVERLY HILLS

INDEMNIFICATION (Hold Harmless) CLAUSE

To the fullest extent permitted by law, agrees to defend, pay on (Name of Contractor / Organization) behalf of, indemnify, and hold harmless the Village of…