Innovation Hills Park Electrical Upgrades.pdf

PROJECT TITLE:

Invitation to Bid

Innovation Hills Park Electrical Upgrades

ITB-RH-26-041

Submission Closing Date and Time:

Thursday, October 8, 2026 at 3:30:00 P.M. (Local Time)

BID BOND

Each bid shall be accompanied by a certified check or a bid bond in an amount not less than

5% of the bid amount. The bond shall be with a Surety licensed and admitted to do business in the State of Michigan and in a form acceptable to the City of Rochester Hills.

For all questions regarding this solicitation, contact:

Keri Bright, NIGP-CPP, CPPB

Senior Procurement Analyst

Phone: (248) 841-2538

Email: brightk@rochesterhills.org.

www.mitn.info mailto:brightk@rochesterhills.org http://www.mitn.info/

City of Rochester Hills ITB-RH-26-041 Innovation Hills Electrical Upgrades

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Dated: September 15, 2026. Sealed bids for the City of Rochester Hills Innovation Hills Park

Electrical Upgrades Project will be received by the City of Rochester Hills’ Purchasing Division located at 1000 Rochester Hills Drive, Rochester Hills (Lower Level), Michigan 48309 via electronic bid submission ONLY until EXACTLY 3:30 P.M., Michigan Time, on THURSDAY, October 8, 2026, at which time the bids will be publicly opened and read aloud via Zoom

Teleconference. Please note, there may be delays during the opening due to downloading of the bids submitted, printing them, and then reading them in real time as the opening is occurring. In order to assist in the process, Bidders should upload one complete bid document to the MITN system to assist in streamlining the opening process. It is requested that vendors wishing to view the opening do so via the Zoom meeting information provided.

The City of Rochester Hills officially distributes bid documents from the Purchasing Division or through the Michigan Intergovernmental Trade network (MITN). Copies of bid documents obtained from any other source are not considered official copies. The first step to do business with the City is to become a registered vendor by visiting the City websites at www.rochesterhills.org, click on Departments, Fiscal, Accounting, & Purchasing, Procurement

Division, then Vendor Registration. Final bid results will be posted on the MITN websites after award. The Contract and Specifications documents for this project are available on the MITN system. A complete paper copy of the Contract and Specification documents can be obtain from the City of Rochester Hills Purchasing Division at 1000 Rochester Hills Drive, Rochester

Hills, Michigan 48309 and will require a non-refundable fee of $45.00. Checks/money orders must be in the possession of the City before documents/drawings will be mailed.

Each bid shall be accompanied by a certified check or a bid bond in an amount not less than

5% of the bid amount. The bond shall be with a Surety licensed and admitted to do business in the State of Michigan and in a form acceptable to the City of Rochester Hills.

All bids shall be opened publicly via Zoom Teleconference at the date and time specified.

Each bid shall be recorded together with the name of the bidder. Bids shall be in accordance with the Purchasing Ordinance and the requirements of this notice in order to be deemed

“responsive.”

The accepted bidder will be required to furnish Insurance Certificates, Payment, Performance and Maintenance Bonds underwritten by a Surety licensed and admitted to do business in the

State of Michigan and acceptable to the City.

All bids must be submitted electronically via the MITN websites, included the bid bonds.

Hardcopy and late bids will not be accepted. The City of Rochester Hills is capable of accepting documents in docx, xlsx, pdf, jpg, tif or rtf formats. It is requested that you upload one complete document, versus that of several individual sheets. Please name your files accordingly if more than one file is uploaded to the sites.

It is the intention of the City of Rochester Hills to award this Contract to a Contractor fully capable both financially and with previous experience in this type of work. Selection of bidder will include qualifications and performance records as outlined in instructions to bidders.

http://www.rochesterhills.org/

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The right to accept any bid, to reject any or all bids and to waive defects in bids is reserved by the City of Rochester Hills. Portions of this Contract may be deleted due to unforeseen circumstances without compensation.

The City reserves the right to change or amend the bid documents, prior to the bid opening date by the issuance of addendum posted on the MITN websites. It shall be the contractor’s responsibility to make inquiry as to the changes or addenda issued. All such changes or addenda shall become a part of the contract and all contractors shall be bound by such changes or addenda.

Under 2012 PA 517, an Iran Linked Business, as defined therein, is not eligible to contract with the City and shall not submit a bid.

The City’s acceptance of a bid and approval of the award of a contract shall not constitute a formed contract, and the acceptance of a bid and award of a contract shall be contingent and conditioned upon the parties’ entry into and execution of a written agreement acceptable to the City.

Bid Opening Via Zoom Teleconference

Bidders wanting to view the opening are invited to do so utilizing the following meeting information listed below. We are requesting that you not attend in person to limit capacity within City building during this time and it is possible that City buildings may not be open to the public at the time of the opening.

When: Oct 8, 2026 03:30 PM Eastern Time (US and Canada)

Topic: ITB-RH-26-041 Innovation Hills Park Electrical Upgrades

Join from PC, Mac, iPad, or Android: https://us02web.zoom.us/j/87505614723

Webinar ID: 875 0561 4723

SCOPE OF WORK

The City of Rochester Hills is accepting bids for the Innovation Hills Park Electrical Upgrades.

The project includes, but is not limited to, materials, equipment, labor, materials and services for the electrical upgrades for Innovation Hills Park located at 2800 W. Hamlin

Road, Rochester Hills, MI 48309. Specifications located in Attachment A; Plans & Drawings

& Specifications. This project includes extending electrical availability at Innovation Hills, west of the pond, to provide power for the pond pump, pond aerators, and some holiday lighting. Electrical lines will be routed from the existing on-site transformer to the identified locations, including directional boring beneath existing pathways to minimize disruption to pedestrian access and surrounding areas.

https://us02web.zoom.us/j/87505614723

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The City of Rochester Hills seeks the services of a qualified contractor experienced in the project components to perform the services needed to complete this project in a professional, cost effective and timely manner. The contractor will be responsible for the hiring of all sub-trade contractors, the coordination of their work and the outcome of the project. Outlined within this information are the requirements governing the performance and qualifications of the contractor.

BID DOCUMENTS

a) Sealed bid documents will be received as per the Invitation to Bid and Instructions to

Bidders.

b) Bid documents shall be submitted only on forms provided by the City and shall be completed for all items of the contract.

c) Bid documents must be completed legibly in ink or by typewriter.

d) All bids must be submitted electronically via the MITN websites, included the bid bonds by the date and time specified in the Invitation to Bid. Hardcopy, Faxed, Emailed and late bids will not be accepted. The City of Rochester Hills is capable of accepting documents in docx, xlsx, pdf, jpg, tif or rtf formats. It is requested that you upload one complete document, versus that of several individual sheets. Please name your files accordingly if more than one file is uploaded to the sites.

e) Bid documents shall be made in full conformity with all the conditions set forth in the drawings and in these specifications. Bids are firm and cannot be withdrawn for a period of one-hundred and twenty (120) days after opening of the bids.

INSPECTION OF SITES

a) Before submitting a bid, each Bidder shall personally inspect the sites of the proposed work to arrive at a clear understanding of the conditions under which the work is to be done.

b) The Bidder shall be held responsible to have compared the premises with the drawings and specifications and is satisfied as to conditions of the premises, existing construction and any other conditions affecting the carrying out of the work before delivery of the bid.

c) No allowance or extra consideration on behalf of the Contractor will subsequently be allowed by reason of error or oversight on the part of the Contractor or on account of interference by the Owner's or other Contractor's activities.

d) No Site Visit. The location of work is open to the public and a site visit will not be held.

Any questions shall be submitted in writing in accordance to Explanation to Bidders By

Changes and Addendums below.

SOIL CONDITIONS

Before submitting a bid, each Bidder shall personally make their own determination as to soil conditions and subsoil conditions along the line of the proposed work. Each Bidder shall be held responsible to have determined to their own satisfaction the conditions they will

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DIFFERING SITES CONDITIONS

During the progress of the work, if subsurface or latent physical conditions are encountered at the sites differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the sites, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed.

Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment will be made and the contract modified in writing accordingly. The engineer will notify the Contractor of the determination whether or not an adjustment of the contract is warranted.

No contract adjustment, which results in a benefit to the Contractor will be allowed unless the

Contractor has provided the required written notice.

No contract adjustment will be allowed under this clause for any effects caused on unchanged work.

In no event shall a differing sites condition invalidate the contract or release Surety.

EXPLANATION TO BIDDERS BY BULLETINS/CHANGES OR ADDENDUMS

a) Neither the Owner nor Engineer will give verbal replies to inquiries regarding the meaning or intent of the Contract Documents previous to the award of the Contract.

Any verbal statements regarding same by any person, previous to the award, shall be without legal effect.

b) Explanations desired by Bidders shall be requested of the Senior Procurement Analyst

Keri Bright, NIGP-CPP, CPPB, City of Rochester Hills Purchasing Division, 1000

Rochester Hills Drive, Rochester Hills, Michigan 48309, 248-841-2538, brightk@rochesterhills.org, in writing and, if explanations are necessary, a reply will be made in the form of an addendum, which will be posted on the MITN system.

c) Bulletins/changes or addendums issued to Bidders prior to date of receipt of bids shall become a part of the contract/specifications and all bids shall include the work described.

d) No inquiry received within ten (10) days of the date fixed for opening of the Bids will be given consideration.

e) Failure of the Owner/Engineer to send, or the Bidder to receive, any such interpretations shall not relieve the Bidder from obligation under the Bid as submitted or the changes or addenda issued by the City.

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LEGAL STATUS AND NAME OF BIDDER

a) The name and legal status of Bidder, that is, as a corporation, partnership, LLC, or individual, shall be stated in the bid.

b) Anyone signing a bid as an agent of another or others must submit with the bid legal evidence of their authority to do so.

c) The place of residence of each Bidder, or the office address in the case of a firm or company, with county and state, must be given after their signature.

EXPERIENCE AND FINANCIAL STATEMENT

It is the intention of the Owner to award the contract to a contractor fully capable, both financially and as regards to experience to perform and complete the work in a satisfactory manner. Each Bidder must complete the Statement of Qualifications request and must possess the minimum Michigan Department of Transportation pre-qualification classification specified in the Invitation to Bid. If required by Owner, each Bidder under consideration may be required to submit additional evidence of qualifications.

CONTRACTORS

The Contractor may not sublet, assign or transfer this Contract or any portion thereof, except the furnishing of necessary materials, without the written consent of the Owner in accordance with Item 8 of the General Conditions and the provisions provided herein. Such consent shall in no way relieve the Contractor of full responsibility for the performance of the Contract.

The Subcontractor shall not begin work until they have been approved by the Engineer and has had the subcontract with the Prime Contractor executed in a form acceptable to the

Owner. Approval of the subcontracting of any portion of the work will not be given unless and until determined that the Subcontractor is qualified to bid on work of the type, magnitude, and scope proposed.

If the amount of the subcontract or the nature of the work to be performed thereunder warrants, the Owner may require the Subcontractor to furnish, for the benefit of the

Contractor, bonds in an amount proportioned to the amount of the subcontract, and for the same purpose and under the same specifications as those of the General Contract. The

Surety on the General Contract shall not be eligible to furnish such subcontract bonds.

The Owner reserves the right to remove forthwith from the job any Subcontractor or their equipment operating in violation of these requirements, and any costs or damages thereby incurred are assumed by the Contractor. It is further understood that the Contractor's responsibilities in the performance of their Contract, in case of an approved subcontracting, are the same as if they had handled the work directly.

The Contractor shall provide such insurance for and indemnify the Owner, Engineer, and others so named, as outlined in the Insurance Requirements.

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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 provisions of the Contract.

SUBCONTRACTORS

Bidder shall submit to Owner a list of all Subcontractors and other persons and organizations

(including those who are to furnish the principal items of material and equipment) proposed for those portions of the work as to which such identification is required within ten (10) City of Rochester Hills working days after the date of the Notice of Award. If the Subcontractor list is modified in any way after the initial submittal, the Contractor is required to resubmit a revised list to the Owner and Engineer at the pre-construction meeting . If requested by the owner, the apparent successful Bidder and any other Bidder so requested, will within two days after the day of Bid opening, submit an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, other person or organization, they may request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any such substitutions, the Contract shall not be awarded to such Bidder, but their declining to make any such substitution will not constitute grounds for sacrificing their Bid Security. Any

Subcontractor, other person or organization so listed and to whom Owner or Engineer does not make written objection prior to signing of the contract will be deemed acceptable to Owner and Engineer.

NON-DISCRIMINATION CLAUSE

In the performance of a Contract or purchase order, the contractor agrees not to discriminate against any employee or applicant for employment, with respect to their hire, tenure, terms conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental handicap or disability. The contractor further agrees that every subcontract entered into for the performance of any Contract or purchase order resulting here from will contain a provision requiring non-discrimination in employment, as herein specified, binding upon each subcontractor. This covenant is required pursuant to the

Elliot Larsen Civil Rights Act, 1976 Public Act 453, as amended, MCL 37.2201, et seq, and the Michigan Handicapper’s Civil Rights Act, 1976 Public Act 220, as amended, MCL

37.1101, et seq, and any breach thereof may be regarded as a material breach of the Contract or purchase order.

BID SECURITY

Each Bid must be accompanied by a certified check or a bid bond in an amount not less than five percent (5%) of the bid amount and in a form acceptable to the City. The bond shall be with a Surety licensed and admitted to do business in the State of Michigan. The Surety

Company executing the bond must be acceptable to the City and must provide a bond number in the designated area of the bond form.

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BOND AND INSURANCE REQUIREMENTS

The successful Bidder shall furnish surety bonds with sureties acceptable to the Owner within ten (10) days of the issuance of the Notice of Award. One bond in an amount not less than one hundred percent (100%) of the Contract price as security for the faithful performance of the Contract and one in an amount not less than one-hundred percent (100%) of the Contract price as security for the payment of all labor, materials, and supplies used in the work and protection of the Owner from all liens and damages arising from the work.

In addition, the contractor shall be required to furnish a maintenance bond in an amount not less than twenty-five percent (25%) of the Contract guaranteeing the materials and work or any part thereof, for a period of two years from the date of final pay estimate, any faulty or defective materials will be replaced and/or workmanship will be corrected due to the satisfaction of the City of Rochester Hills.

The accepted bidder will be required to furnish insurance coverage and bonds with companies licensed and admitted to do business in the State of Michigan and in a form acceptable to the

City.

If any of the coverages expire during the term of the contract, the Contractor shall deliver renewal certificates and/or policies to the City of Rochester Hills at least ten (10) days prior to the expiration date.

Failure to comply with the insurance requirements contained in the contract shall constitute a material violation and breach of the contract and may result in termination of the contract.

CONDITION OF PAYMENT

The Contractor's request for a payment shall be accompanied by the following documents:

A. Submit three copies of each application as follows:

1. One on an original AIA Form G702, signed and notarized.

2. Two legible copies of original, signed and notarized.

B. Submit the following with each application:

1. Contractor's Sworn Statement.

2. Contractor’s Declaration

3. Partial Conditional Waiver(s) beginning with the 2nd Request for Payment

4. Contractors Affidavit

5. Any additional documents required by the Owner or the Owner’s funding agency

The Contractor's request for final payment shall be accompanied by the following documents:

a. Contractor's Declaration

b. Contractor's Affidavit

c. Waivers, as required from major suppliers and subcontractors

d. Release of Surety

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e. Release from other agencies for which permits have been obtained under this contract.

BIDS TO REMAIN OPEN

All Bids shall remain open for one-hundred and twenty (120) days after the day of the Bid opening, but the Owner may, at their sole discretion, release any Bid and return the Bid

Security prior to that date.

AWARD OF CONTRACT

It is the intention of the City of Rochester Hills to award this Contract to a Contractor fully capable both financially and with previous experience in this type of work. Selection of Bidder will include qualifications and performance records.

The right to accept any bid, to reject any or all bids and to waive defects in bids is reserved by the City of Rochester Hills. Portions of this Contract may be deleted due to unforeseen circumstances without compensation.

DISPOSITION OF BID DEPOSITS

The bid deposit for the three (3) low Bidders will be retained until the contract has been awarded. The remaining bid deposits will be returned 14 days after the bid opening.

If the Bidder, to whom the Contract has been awarded, shall refuse or neglect to execute the

Contract, provide the required bonds and insurance and properly secure the same within ten

(10) City of Rochester Hills working days after written notice by the Owner to do so, the amount of the deposit shall be forfeited to and retained by the Owner as liquidated damages for such neglect or refusal.

CHANGES IN THE WORK

The City reserves the right to increase, decrease, or eliminate proposed items of work. The decision to change the work will be made by the City and will depend upon the availability of funds.

LIQUIDATED DAMAGES

It is hereby understood, and mutually agreed, by and between the Contractor and Owner, that the time of completion as specified is an essential condition of this contract.

The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the

Owner, that the said time for completion of the work described herein are reasonable times for the completion of same, taking into consideration the average climate range and usual industrial conditions prevailing in this locality.

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The said amount if fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount shall be retained from time to time by the Owner from any monies in their hands otherwise due or to become due the

Contractor or to sue for and recover compensation for damages for non-performance of this contract at the times stipulated herein and provided.

It is agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is allowed for completion of any work, the new time limit fixed by such extension shall be of the essence of this contract.

It is the City’s desire that this project be completed in an expedited manner, however without a complete understanding of any lead times that may be related to the receipt of material, the

City is identifying for the purpose of this solicitation, the date of March 1, 2027 as the deadline for substantial completion, with Final Completion, including any restoration, as April

1, 2027. During the pre-construction meeting, the awarded vendor, and the City will mutually agree to a substantial, and final completion date. The date that is identified on the executed

NOTICE TO PROCEED, will supersede the dates identified in this section and will govern required completion dates for this contract.

The amount of Liquidated damages for this project will be $100.00 per day for each calendar day that final completion of the projects and phases, including restoration, is not completed and accepted after April 1, 2027.

If the said Contractor fails to perform the work within the times herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to pay to the Owner the sums as specified below, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default each of the times stipulated in the contract for completing the work.

It is further agreed that should there be an increase or reduction of the amount of work specified within the contract that would increase or reduce the number of calendar days required to complete the project, a revision shall be made to reflect this change in the scope of work, and shall be agreed upon between the Owner’s Representative and the Contractor.

Calendar Day is defined as every day shown on the calendar beginning and ending at midnight. Unless otherwise designated, the word “day” shall mean calendar day.

PRIVATE WORK

The Contractor and Subcontractor shall NOT perform any private work within the project area until the work under this Contract is completed unless written approval is received from the

City of Rochester Hills.

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PERMITS

The successful Bidder will be required to post all fees, insurance, and bonds necessary to obtain the permit required for work at the project location.

A permit from the City of Rochester Hills Building Department for proposed electrical work will be applied for internally and all fees will be paid for by the City. Contractor is responsible for picking up the permit and adhering to all required items.

COVID-19 MANAGEMENT ADHERENCE

As a result of the COVID-19 pandemic, in the event of the issuance of any order by federal, state or local health authorities, which requires the suspension of any, or all activities for any time period, all Vendors are hereby on notice that in the event that certain types of events or projects, including but not limited to the Project set forth in this Invitation for Bids, are at any time determined by the City or other governmental authorities, to be required to be suspended, for the safety, health and welfare of the public, or to be in accordance with any applicable order, this event/project may be delayed, terminated, or cancelled, as set forth under the FORCE

MAJEURE CLAUSE of this Agreement. The City shall not be responsible for additional costs, or any costs related to the delay, termination, or cancellation of the project.

FORCE MAJEURE

Neither party to this contract shall be held responsible for delay or default caused by fire, riot, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, acts of God and/or war, national emergency making performance temporarily impossible or illegal, strikes and labor disputes, or the combined actions of workers in no way chargeable to the Contractor’s control, fires, floods, freight embargoes or adverse weather conditions of unusual severity and excessive duration for the time of year, which is beyond that party’s reasonable control. The City of

Rochester Hills may terminate this contract after determining such a delay or default will reasonably prevent successful perform

SUBMITTAL GUIDELINES

1. Submit one (1) complete electronic copy through the MITN websites;

2. The solicitation forms must be completed legibly and in their entirety;

3. All required information must be furnished and presented in an organized, comprehensive, and easy to follow manner;

4. Unnecessarily elaborate brochures of other presentations beyond that sufficient to present a complete and effective bid are not desired; and

5. Elaborate artwork; expensive paper, bindings, visuals, and other presentation aids are not required.

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ADDENDA TO INVITATION FOR BID

No interpretation or clarification of the meaning of any part of this bid will be made orally to any vendor. Vendors must request such interpretations or clarifications from the person identified below. Requests for information or clarification of this bid must be made in writing and addressed to Keri Bright, NIGP-CPP, CPPB at the address or email address listed below, with email being the preferred method of communication. Questions should reference the Bid page, Exhibit, and/or Section Number.

Keri Bright, NIGP-CPP, CPPB

Senior Procurement Analyst

City of Rochester Hills

1000 Rochester Hills Drive

Rochester Hills, MI 48309

Email: brightk@rochesterhills.org

Phone: (248) 841-2538

Questions relative to this solicitation must be submitted in writing prior to 11:30 a.m. on

Friday, September 25, 2026. No negotiations, decision or actions shall be initiated by any firm as a result of any verbal discussion with any individual City employee prior to the due date or during the evaluation process. All communications shall be conducted through the City of

Rochester Hills Purchasing Division, unless specific written documentation is provided to the vendor.

The City reserves the right to change or amend the bid documents, prior to the bid due date by the issuance of Addendums posted on the MITN websites. It shall be the vendor’s responsibility to make inquiry as to the changes or addenda issued. All such changes or addend shall be that document appearing on the MITN with amendments, addendums, and updates. The authorized version of this Invitation for Bids document shall be that document appearing on MITN with amendments, addendums, and updates.

The City reserves the right to disqualify any bidder who contacts any City employee, representatives, or agent concerning this bid other than in accordance with this section.

TITLE VI COMPLIANCE

During the performance of this contract, the contractor, for itself, its assignees, and successors, in interest agrees to perform services in accordance with Title VI Requirements.

1. Compliance with Regulations: The contractor shall comply with Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time

(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

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2. Nondiscrimination: The contractor with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection, retention, and treatment of subcontractors, including procurements of materials in the discrimination prohibited by Section 21.5 of the Regulation, including employment practices when the contractor covers a program set for in Appendix B of the Regulations

3. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligation under the contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

4. Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issues pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to State Highway

Department or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event the contractor’s noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

a. Withholding payments to the contractor under the contract until the contractor complies and/or

b. Cancellation, termination, or suspension of the contract, in whole or in part.

6. Incorporation of Provisions: The contractor shall include provisions of paragraphs (1) through (6) in ever subcontract, including procurement of material and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the

State Highway Department of the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the

State Highway Department to enter into such litigation to protect the interests of the

States, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

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INSURANCE REQUIREMENTS

The Contractor shall not commence work under this contract until they have obtained the insurance required under this paragraph. All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan. All coverages shall be with insurance carriers acceptable to the City. The City of Rochester Hills shall be named as certificate holder.

1. Workers' Compensation Insurance: The Contractor shall procure and maintain during the life of this contract, Workers' Compensation Insurance, including Employers

Liability Coverage, in accordance with all applicable statutes of the State of Michigan.

2. Commercial General Liability Insurance: The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an

"Occurrence Basis" with limits of liability not less than $1,000,000.00 per occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury, Bodily Injury and

Property Damage. 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; (E) Deletion of all

Explosion, Collapse and Underground (XCU) Exclusions, if applicable; (F) per Contract

Aggregate.

3. Motor Vehicle Liability: The Contractor shall procure and maintain during the life of this contract Motor Vehicle Liability Insurance, including Michigan No-Fault Coverages, with limits of liability of not less than $1,000,000.00 per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

4. Additional Insured: Commercial General Liability and Motor Vehicle Liability

Insurance, as described above, shall include an endorsement stating: It is understood and agreed that the following shall be Additional Insureds: the City of Rochester Hills, all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof, and Architect Niagara Murano, and Construction Engineer, MA

Engineering. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional

Insureds, whether other available coverage be primary, contributing or excess.”

5. Cancellation Notice: Workers' Compensation Insurance, Commercial General Liability

Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named to the left.”

6. Owner's & Contractor's Protective Liability: The Contractor shall procure and maintain during the life of this contract, a separate Owner's & Contractor's Protective Liability

Policy with limits of liability not less than $1,000,000.00 per occurrence, Personal

Injury, Bodily Injury and Property Damage. The City of Rochester Hills shall be "Named

Insured" on said coverage. Thirty (30) days’ Notice of Cancellation shall apply to this policy.

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7. Proof of Insurance Coverage: The Contractor shall provide the City of Rochester Hills at the time the contracts are returned by him for execution, certificates and policies as listed below:

a. Two (2) copies of Certificate of Insurance for Workers' Compensation Insurance;

b. Two (2) copies of Certificate of Insurance for Commercial General Liability

Insurance;

c. Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance;

d. Original Policy, or original Binder pending issuance of policy, for Owner's &

Contractor's Protective Liability Insurance;

e. If so requested, Certified Copies of all policies mentioned above will be furnished.

If any of the above coverages expire during the term of this contract, the Contractor shall deliver renewal certificates and/or policies to the City of Rochester Hills at least ten (10) days prior to the expiration date.

8. Failure to Comply: Failure to comply with the insurance requirements contained in this contract shall constitute a material violation and breach of the contract and may result in termination of the contract.

BONDS

Performance Bond

The Contractor, as Principal, shall furnish a surety bond in a form acceptable to the City of

Rochester Hills in an amount not less than one-hundred (100%) percent of the contract amount as security for faithful performance of this contract. The City of Rochester Hills shall be Obligee under said bond. The bond shall guarantee the faithful performance and shall indemnify and hold harmless the Obligee from all costs and damages by reason of the

Principals failure to perform in accordance with the contract provisions. The contract, by reference, shall be an integral part of the bond. Said bond shall be with a surety licensed and admitted to do business in the State of Michigan. The Surety Company executing the bond must be acceptable to the City and must provide a bond number in the designated area of the bond form.

Payment Bond

The Contractor, as Principal, shall furnish a surety bond in a form acceptable to the City of

Rochester Hills in an amount not less than one-hundred (100%) percent of the contract amount as security for the prompt payment to all persons supplying labor and material in the performance of all work under said contract, and any and all authorized modifications under this contract. The contract, by reference, shall be an integral part of this bond. Said bond shall be with a Surety licensed and admitted to do business in the State of Michigan. The

Surety Company executing the bond must be acceptable to the City and must provide a bond number in the designated area of the bond form.

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Maintenance Bond

The Contractor, as Principal, shall furnish a surety bond in a form acceptable to the City of

Rochester Hills guaranteeing that faulty or defective materials will be replaced and/or workmanship will be corrected to the satisfaction of the City of Rochester Hills. Said bond shall be for an amount not less than twenty-five (25%) of the contract amount for a minimum period of two (2) years from the date of final pay estimate by the City. Said bond shall be with a Surety licensed and admitted to do business in the State of Michigan. The Surety Company executing the bond must be acceptable to the City and provide a bond number in the designated area of the bond form.

Should any surety upon any bond furnished in connection with this Contract become unacceptable to the City or if any such surety shall fail to furnish reports as to their financial condition from time to time as requested by the Owner, the Contractor must promptly furnish such additional security as may be required from time to time by the Owner to protect the interests of the City or persons supplying labor or materials in the prosecution of the work contemplated by the Contract.

HOLD HARMLESS

To the fullest extent permitted by law, the Contractor agrees to defend, pay on behalf of, indemnify, and hold harmless the City of Rochester Hills, its elected and appointed officials, employees and volunteers and others working on behalf of the City of Rochester Hills against any and all claims, demands, suits, or loss, including all costs including attorney fees connected therewith, and for any damages which may be asserted, claimed or recovered against or from the City of Rochester Hills, its elected and appointed officials, employees, volunteers or others working on behalf of the City of Rochester 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.

GENERAL CONDITIONS

1. DEFINITIONS

The following terms as used in this contract are respectively defined as follows:

a) "Subcontractor": The qualified individual, partnership or corporation, or a combination thereof, undertaking the execution of a part of the work under the terms of the contract, by virtue of an agreement with the Contractor approved by the Engineer and Owner.

b) "Work on (at) the Project": Work to be performed, including work normally done at the location of the project.

c) "Contractor": The person, firm or corporation to whom a contract is awarded by the Owner for the construction of the work at the sites of the project.

d) "Owner": The party of the first part of this contract.

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e) "Engineer": The person or firm to whom a contract is awarded by the Owner for the Professional Service of Construction Engineer for the project or the person working for the city designated to manage Construction Engineering for the project.

f) "Written Notice": Shall be deemed to have been 'duly served' when such notice shall have been given or mailed to the Contractor or their superintendent at the sites of the work or when such notice shall have been given or mailed to the

Owner.

2. CONTRACT DOCUMENTS

The original and three counterparts of the contract shall be signed by the Owner and the Contractor.

The Contract shall consist of the Invitation to Bid, Instructions to Bidders, Bid Form, Legal Status of Bidder, Tax Forms, Statement of Qualifications, Insurance Documents

(Certificates), Bonds, Power of Attorney Forms, Notice of Award, Subcontract and

Material Listings, Contract, Construction Schedule, Sites Personnel, Notice to Proceed, Payment Documents and any Change Orders, General Conditions, Special Conditions, General Specifications, Supplemental Specifications, Special Provisions, Appendix

Information, Michigan Department of Transportation Standard Specifications for

Construction, Project Plans, Michigan Department of Transportation Standard Plans, Michigan Manual of Uniform Traffic Control Devices, and any Change Orders.

3. PRE-CONSTRUCTION MEETING

A pre-construction meeting will be held prior to the beginning of any work. The Engineer will schedule the meeting as soon as possible after acceptable executed contract documents are received from the Contractor (Appendix B -Pre-Construction Meeting documents).

Notice of the meeting will be made to the Owner, the Contractor, and to the following entities, contingent upon their interest in the project:

a) Utility Companies

b) County Road Commission

c) Michigan Dept. of Transportation

d) Michigan Dept. of Labor - Safety Division

e) Other State, Local and County Agencies

The purpose of the pre-construction meeting is to discuss particular procedures and potential problem areas. The Contractor is given updates on the conditions of the proposed construction and what is expected as to proper notification in the event of damage to existing utilities.

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The Contractor shall submit in writing at the pre-construction meeting the following information:

a) Schedule of Construction

b) Sources of Materials-Additions or Changes from Original Submission

c) List of Sub-Contractors-Additions or Changes from Original Submission

d) The Designated Safety Officer on the Job including all Phone Numbers

e) Superintendent for the Project including all Phone Numbers

f) Foreman in Charge on the Job Sites including all Phone Numbers

g) Emergency Phone Numbers for Contractor

As noted above, the Contractor is required to submit an outline of the proposed order of work and to indicate the schedule for completion of the major categories of the work consistent with the period of time specified under Time of Completion.

Approval by the Engineer and Owner of any construction schedule indicating completion of the work in less time than allotted by the Contract shall not be construed as an acknowledgment, either express or implied, that the work can be completed within the time shown on this schedule, and shall not under any circumstances give rise to a cause of action for damages by the Contractor.

The Contractor's schedule of construction shall indicate a critical path for completing the work consistent with the period of time specified under Time of Completion. The schedule shall indicate the numbers and types of crews that will be employed at various times on the project.

4. CONTRACT SPECIFICATIONS

The intent of the Contract Documents is to include in the contract price the cost of all labor and material, water, fuel, tools, plant, equipment, light, transportation and all other expenses that may be necessary for the proper execution and completion of the work.

No extra charge will be allowed on a claim that particular supplemental contract instructions differed from the Contract Documents, incurring extra work, unless

Contractor has first brought the matter, in writing, to the Engineer's attention for proper adjustment before starting on the work covered by such, and has received from the

Engineer an order, in writing, to so proceed.

In case any inconsistency, omission or conflict shall be discovered in the specifications or if in any place the meaning shall be obscure, or uncertain, or in dispute, the Engineer shall decide as to the true intent of the documents.

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Information regarding sites of the work given in the specifications has been obtained by the Engineer and is believed to be reasonably correct, but the Owner does not warrant either the completeness or accuracy of such information, and it is the

Contractor's responsibility to verify all such information.

5. ENGINEERING DURING CONSTRUCTION

This work shall be subject to the approval of the Engineer, who shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials to be furnished hereunder, and who shall decide all questions which may arise as to measurements of quantities and fulfillment of the requirements of the specifications.

6. AUTHORITY AND DUTIES OF INSPECTORS

Inspectors may be appointed and directed to inspect all materials used and all work done. The inspection may extend to all parts of the work and to the preparation or manufacture of the materials for use in the work. Inspectors will not be authorized to revoke, alter, enlarge, or relax any of the provisions of these specifications. The

Inspector will call the attention of the Contractor to any failure to follow the specifications that they may observe. In case of any dispute arising between the

Contractor and the Inspector as to the materials furnished or the manner of performing the work, the Inspector shall have the authority to reject materials and work that has been completed. The Engineer will resolve any disputes between the Contractor and the Inspector. A decision will be rendered as soon as possible and the Contractor shall have no grounds for claims for "lost time" or "down time" arising from the ordered suspension regardless of the decision. In no instance shall any action or omission on the part of the Inspector relieve Contractor of the responsibility of completing the work in accordance with the specifications.

7. COMPOSITION OF THE CONTRACTOR

If the Contractor hereunder is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

8. ASSIGNMENT OF CONTRACT

The Contractor shall not sublet, assign or transfer this contract or any portion thereof or any payments due them thereunder, without the written consent of the party of the first part. Subcontracting shall be in accordance with the Instructions to Bidders and the Subcontract Provisions and as specified herein.

Assignment or subletting the whole or any portion of this contract shall not operate to release the Contractor or their bondsmen hereunder from any of the contract obligations.

The Contractor agrees that they are fully responsible to the Owner for the acts and omissions of their subcontractors and of persons either directly or indirectly employed by them.

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