Revised Bid Package-Van Houten Parking Lot Replacement.docx

ADVERTISEMENT FOR BID

This bid is a “sealed construction bid” and the bid contract will be awarded to the lowest “total cost” qualified bidder according to CFR 200 federal procurement rules and regulations.

This project is funded fully by federal funds from the HUD/Community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development.

This project is subject to all applicable HUD rules and regulations including federal Davis-Bacon prevailing wages, BABA and Section 3, and all applicable city ordinances.

This bid is processed according to title 2-CFR 200 guidelines

Women, minorities, veterans, small business owners, and section 3 contractors are encouraged to participate and respond to this bid request.

THIS BID PACKAGE IS PUBLISHED ON OCTOBER 4TH, 2024, AND CAN BE OBTAINED AS INDICATED BELOW:

Sealed bids must be received by the Comptroller's Office, City of Dearborn Heights, 6045 Fenton, Dearborn Heights, on or before October 15, 2024, by 3:00 PM – by responding on Bidnet or by hand delivery.

At which time, as indicated (October 15, 2024, by 3:00 PM) all bids will be publicly opened and read aloud.

This bid evaluation and award is based on the lowest cost qualified bidder according to the qualifications required in this published bid package in compliance with the federal procurement rules and regulations.

Bid package can be obtained online by registering (free registration) on Bidnet. Go to www.govbids.com. Select the Michigan MITN System.

Bid package can be obtained in person, free of charge from the City of Dearborn Heights Comptroller’s Office located at 6045 Fenton, Dearborn Heights, MI 48127, Monday through Thursday from 8.00 AM-5:00PM.

Bid package can also be obtained by downloading it from the City of Dearborn Heights’ website at www.dearbornheightsmi.gov.

For additional information related to the project, please email:

Parks and Recreation Director Kim Sower at ksower@dearbornheightsmi.gov And copy:

CEDD Director Hassane Jamal at hjamal@dearbornheightsmi.gov City Engineer Ali Dib at adib@dearbornheightsmi.gov Bid submission questions can be directed to Mathew Paul at mpaul@dearbornheightsmi.gov

All emails will be documented for record and any changes in the bid package will be published by bid amendments.

Any modifications or alternatives to the bid package by the bidders will disqualify the bid.

All information/communications about this bid must be done by email.

Due to funding limitations, the City of Dearborn Heights/CEDD reserves the right to choose certain tasks only and calculate the total bid cost from the qualified bidders.

BID INDEX

· This package includes the following documents:

· Instructions to bidders

· Bid responses forms

· Non-discrimination clause

· Reference forms

· Bid specifications/requirements/compliance

· General bid conditions and obligations

· Mandatory site visitation acknowledgement

CITY OF DEARBORN HEIGHTS

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT (CEDD)

VAN HOUTEN PARK IMPROVEMENT PROJECT-PARKING LOT REPLACEMENT

LOCATED AT 6000 SILVERY LANE, DEARBORN HEIGHTS, MI 48127

· Contract agreement sample

INSTRUCTIONS TO BIDDERS

At the time of opening, any bid that does not meet the requirements will be marked as “does not meet bid specifications” and automatically disqualified.

It is agreed, if the bidder to whom the contract shall have been awarded shall refuse or neglect to execute the contract and properly secure the same within ten (10) days, the amount of the bid deposit shall be forfeited to and retained by the Owner as liquidated damages for such neglect or refusal.

Further, if the successful bidder fails to comply with the terms of the bid proposal, contract, or purchase order, the City has the option to hold the successful bidder to the terms of the proposal or forfeit the bid deposit as liquidated damages.

Bidder will identify business entity as individual, or if doing business under assumed name, indicate assumed name, partnership (Naming Partners), Corporation, Foreign or Domestic (Naming Principal Officers), and indicate capacity or person executing proposal and bid.

Revised: 11/27/79 (Council Motion 79-1003) And also, on:

1/08/80 (Council Motion 80-15) And also, on:

6/12/91 (Council Motion 91-299)

THIS PROJECT IS TIME-SENSITIVE, AND THE OBJECTIVE IS TO COMPLETE AND PAY-OFF THIS PROJECT BY NOVEMBER 31, 2024.

WORK MUST START IMMEDIATELY BY WINNING BIDDER UPON SIGNING THE CONTRACT.

ADDITIONAL INSTRUCTIONS TO BIDDERS

Sealed bid must be received on time (time stated in “advertisement for bids”). Proposal shall be addressed to: Comptroller, City of Dearborn Heights, 6045 Fenton, Dearborn Heights, Michigan, 48127, in a sealed envelope marked:

“VAN HOUTEN PARK IMPROVENT PROJECT-PARKING LOT REPLACEMENT”

For your bid to be qualified and considered, please include the following 3 items in your sealed bid package:

1. The three (3) page “bid response form,” signed and notarized (page #3).

2. The mandatory site visit acknowledgement signed by the CEDD project coordinator Mr. Hassan Bazzi.

3. Certified or cashier’s check in the amount of 5% or 5% bid bond of the gross sum bid. Should the gross sum bid be $5,000.00 or less, a certified cashier’s check or bid bond will not be required to validate the bid proposal.

If you are the lowest of the qualified bidder, you will be contacted to submit the following qualification documents within ten (10) business days from date of request. Please do not submit these documents in the sealed bid. Failure to submit the following documents within the allotted time will constitute disqualification. (The bid winner will be the lowest, most qualified bidder.)

1. Non-discrimination clause.

2. Reference form (3 references from similar projects).

3. Copy of certificate of good standing (Michigan Department of Labor and Economic Growth, Bureau of Commercial Services, Corporation Division P.O. Box 30054 Lansing, Michigan48909-7554. Phone - (517) 241-6470 for copies, certificates, or general information).

4. Copy of Articles of Incorporation (Michigan Department of Labor and Economic Growth, Bureau of Commercial Services, Corporation Division P.O. Box 30054 Lansing, Michigan 48909-7554 phone - (517) 241-6470 for copies, certificates, or general information)

5. A valid certificate of liability insurance naming the city of Dearborn Heights as a holder. All general contractors and subcontractors, on all work done under the contract, are required to carry full workman’s compensation insurance and comprehensive public liability insurance coverage, protecting the owner for not less than $1,000,000 in the event of bodily injury, including death, and $1,000,000 in the event of property damage arising out of the work performed by the contractor.

6. Copies of all applicable licenses (driver, state issued ID., building, electrical, plumbing, mechanical, asbestos, lead, etc.)

7. Any other supportive documentation the city may request to qualify the bidder.

If you are the bid winner, before contract signing, you must submit a work performance bond, labor and materials bond, and warranty/maintenance bond.

BID RESPONSE FORM PAGE #1

Notice:

Failure to complete this form shall result in your response being deemed non-responsive and rejected without any further evaluation.

This project is funded partially/fully by federal funds from the Community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development.

This project is subject to all applicable HUD rules and regulations, including federal Davis-Bacon wage rules and regulations and all applicable city regulations.

The undersigned hereby offers and agrees to furnish the goods and/or services in compliance with the city’s sealed bid, which includes all documents outlined in the bid package index.

Agree: please sign and complete bid documents

_______________________________________Date: / /____

Disagree: stop here, you are not qualified to bid

(Total figure from itemized bid sheets)

BID RESPONSE FORM PAGE #2

ADDENDA:

The undersigned has read, understands, and is fully cognizant of the information to Respondents Offer and Form of Contract, all sections thereto, together with any written addendum issued in connection with any of the above. The undersigned hereby acknowledges receipt of the following addendum(s): none. In addition, the undersigned has completely and appropriately filled out all required forms.

OBLIGATION:

The undersigned, by submission of this Offer, hereby agrees to be obligated, if selected as the Contractor, to provide the stated goods and/or services to the City, and to enter a Contract with the City, in accordance with all terms and bid documents as indicated in the bid table of content, and addenda in the Request for Response, as well as the Form of Contract, together with any written addendum as specified above.

COMPLIANCE:

The undersigned hereby accepts all administrative requirements of the Sealed Bid and will be in-compliance with such requirements. By submitting this Response Form, the Respondent represents that: 1) the Respondent is in compliance with any applicable City and HUD regulations, and 2) if awarded a contract to provide the services required in the Sealed Bid, the Respondent will comply with the requirements set forth in the Sealed Bid and (3) Respondent will sign the Construction / installation / installation Contract (attached to Bid Package for reference) if awarded the Contract. Failure to sign the Construction / installation / installation Contract within fourteen (14) days of notification of award of contract will result in a breach and Respondent will forfeit his/her bid bond.

NONCOLLUSION:

The undersigned, by submission of this Response Form, hereby declares that this Response is made without collusion with any other business making any other Response, or which otherwise would make a Response.

SUBMITTAL REQUIREMENTS:

The undersigned certifies it has attached a complete response to each of the submittal requirements of this SEALED BID. The undersigned also certifies it has read and understands all Bid Documents as outlined in the “Bid Index Page”.

MANDATORY SITE VISIT:

As indicated in the Bid Specifications/ Requirements and compliance section

BID RESPONSE FORM PAGE #3

No Response shall be accepted which has not been manually signed in ink in the appropriate space below:

I certify, under penalty of perjury, that I have the legal authorization to bind the firm hereunder:

For clarification of this offer, contact:

Company Name

Name:

Address:

Phone:

City State Zip

Fax:

Signature of Person Authorized to Sign:

Printed Name:

Title:

Federal Tax ID

Acknowledged before me by (name) as

(title) of (Company ) this ______________ _ (day) of_____________(month), 20___. (Year)

Notary Signature:

My Commission Expires:

Affix Seal

NON-DISCRIMINATION CLAUSE

NOTE: Failure to respond will cause your firm to be placed in “non-compliance” status and you will not be eligible to receive City contracts.

In connection with the performance of work under this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age* or sex*. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, color, national origin, age* or sex*. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age* or sex*.

(3) The contractor or his collective bargaining representative will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers’ representative of the contractor’s commitments under this section.

(4) The contractor will comply with all published rules, regulations, directives, and orders of the Michigan Civil Rights Commission relevant to Section 4, Act No. 251, Public Acts of 1955, as amended which may be in effect prior to the taking of bids for any individual state project.

(5) The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books, records, and accounts by the Michigan Civil Rights Commission, and/or its agent, for purposes of investigation to ascertain compliance with this contract and with rules, regulations, and orders of the Michigan Civil Rights Commission relevant to Section 4, Act No. 251, Public Acts of 1955, as amended.

(6) In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative Board may order the cancellation of the contract found to have been violated, and/or declare the contractor ineligible for future contracts with the state and its political and Civil subdivisions, departments, and officers, and including the governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights Commission in which, cancellation of an existing contract is a possibility, the contracting agency shall be notified of such possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings.

(7) The contractor will include or incorporate by reference the provisions of the foregoing paragraphs (1) through (6) in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Michigan Civil Rights Commission. **And will provide in every subcontract or purchase order that said provisions will be binding upon each subcontractor or seller.

* SECTION 3a (a) ACT NO. 344, PUBLIC ACTS OF 1965, AS

AMENDED BY ACT NO. 349, PUBLIC ACTS OF 1966, READS:

“IT IS AN UNFAIR EMPLOYMENT PRACTICE:

(a) FOR ANY EMPLOYER, BECAUSE ANY INDIVIDUAL IS BETWEEN THE AGES OF 35 AND 60, OR BECAUSE OF THE SEX OF ANY INDIVIDUAL, TO REFUSE TO HIRE OR OTHERWISE TO DISCRIMINATE AGAINST HIM WITH EMPLOYMENT. ANY SUCH REFUSAL TO HIRE OR DISCRIMINATION SHALL NOT BE AN UNFAIR EMPLOYMENT PRACTICE IF BASED ON LAW, REGULATION, THE REQUIREMENTS OF ANY FEDERAL OR STATE TRAINING OR EMPLOYMENT PROGRAM OR ON A BONA FIDE OCCUPATIONAL QUALIFICATION AND EXCEPT IN SELECTING INDIVIDUALS FOR AN APPRENTICE PROGRAM OR AN ON-THE-JOB TRAINING PROGRAM INTENDED TO HAVE A DURATION OF MORE THAN 4 MONTHS.”

** Except for those:

1. Subcontracts for goods or services in any amount of less than $5,000.

2. Subcontracts entered into with parties employing less than three employees.

I acknowledge that I have reviewed and understand the seven (7) foregoing clauses and We (the company) will adhere to the City’s non-discrimination policy.

Name of Company_______________________________________________________________

Signature___________________________ Title________________________ Date_____________

REFERENCE FORM

PROJECT OWNER

Project Owner Name: ____________________________________________________________

Project Total Value: $___________________

Project Owner Contact Information:

Phone #: ___________________________ Fax #: _________________________ E-Mail: ______________________________________________

Did the Project Start on Projected Starting Date: YES / NO, If No please give reason: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Was the project completed, and accepted by the owner with no pending conditions:

YES / NO, If No please give reason: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

PROJECT COMPLETED BY:

Bidder Name: _________________________________________________________________________________

Address ______________________________________________________________Zip: _________

Phone #: ________________________ Fax #: ________________________

E-Mail: ___________________________________________________________________________

Project Name: ___________________________________________

Project Address: ________________________________________________

Project description: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

I/We hereby certify that all data provided in this form is correct and authorize the City of Dearborn Heights to investigate, collect and verify as needed.

Name: _____________________________________ Official Title: __________________________

Signature: ____________________________________________ Date: ______________

Project Total Value: $___________________

Project Owner Contact Information:

Phone #: ___________________________ Fax #: _________________________ E-Mail: ______________________________________________

Did the Project Start on Projected Starting Date: YES / NO, If No please give reason: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Was the project completed, and accepted by the owner with no pending conditions:

YES / NO, If No please give reason: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

PROJECT COMPLETED BY:

Bidder Name: _________________________________________________________________________________

Address ______________________________________________________________Zip: _________

Phone #: ________________________ Fax #: ________________________

E-Mail: ___________________________________________________________________________

Project Name: ___________________________________________

Project description: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

I/We hereby certify that all data provided in this form is correct and authorize the City of Dearborn Heights to investigate, collect and verify as needed.

Signature: ____________________________________________ Date: ______________

Project Total Value: $___________________

Project Owner Contact Information:

Phone #: ___________________________ Fax #: _________________________ E-Mail: ______________________________________________

Did the Project Start on Projected Starting Date: YES / NO, If No please give reason: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Was the project completed, and accepted by the owner with no pending conditions:

YES / NO, If No please give reason: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

PROJECT COMPLETED BY:

Bidder Name: _________________________________________________________________________________

Address ______________________________________________________________Zip: _________

Phone #: ________________________ Fax #: ________________________

E-Mail: ___________________________________________________________________________

Project Name: ___________________________________________

Project description: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

I/We hereby certify that all data provided in this form is correct and authorize the City of Dearborn Heights to investigate, collect and verify as needed.

Signature: ____________________________________________ Date: ______________

All work shall be done in accordance with the Americans with Disabilities Act Accessibility Guidelines (ADAAG). All work shall be done in accordance with the foregoing applicable ordinances, and all related City, County, State codes/ordinances, along with the attached drawings, item descriptions and general bid Itemization/specifications. Where differences occur, the program bid information package shall apply. (Where applicable)

The contractor shall be responsible for repairing all work-related damage and replacing it with same in kind to the satisfaction of the City of Dearborn Heights at no additional cost.

PERMITS:

The Contractor is required to secure the necessary PERMITS AND INSPECTIONS from the City Building and Engineering Department, County and State, if necessary, for all work.

FEDERAL DAVIS-BACON WAGE RULES AND REGULATIONS (FOR PROJECTS $2000.00 AND ABOVE):

Contractor workers may be interviewed on site as part of Davis Bacon regulations.

All wages shall comply with current prevailing wages as stated in the Davis Bacon “Federal Labor Standards Provisions.”

No work shall be started until all required Davis Bacon documents are on file.

CHANGE ORDERS:

In the event of a situation in the field that requires extra work, a change order may be requested. The program administrator will approve all change orders.

START OF WORK:

A pre-construction / installation meeting is required before start of work.

QUALIFICATION:

Bidder shall not be debarred from participating in federally funded projects. https://www.sam.gov/portal/SAM/##11

The City shall reserve the right to correct, adjust and extend the bid at any time before the bid submission due time/date.

The City shall reserve the right to request additional information and documentation related to this bid from bidders and bidders shall provide all requests of additional information and documentation within ten (10) business days from date of request.

The City shall reserve the right to cancel, re-bid, accept, and or postpone the bid in whole or in part, waive any irregularities or formalities without explanation.

PAYMENT/COMPENSATION:

Please refer to the Services Agreement Sample Document.

GENERAL DAMAGES/LIQUIDATED DAMAGES/DEFAULT:

Please refer to the Services Agreement Sample Document.

DOCUMENTATION:

Please refer to “ADDITIONAL INSTRUCTIONS TO BIDDERS” Page of the Bid Package

2 37

MANDATORY SITE VISITATION ACKNOWLEDGEMENT

I ___________________________________ On behalf of ___________________________________ (Print name) (Print company name) have visited the locations specified in this bid packet and made all the appropriate measurements, quotations, pictures, etc., as deemed necessary for this bid.

CDBG Rehabilitation Specialist

To schedule the mandatory walk thru for this Bid please contact:

Hassan Bazzi Phone: 313 -791- 3504 Fax: 313 -791- 3501 Email: hbazzi@dearbornheightsmi.gov Address: 26155 Richardson, Dearborn Heights, MI 48127

CITY OF DEARBORN HEIGHTS

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT (CEDD

VAN HOUTEN PARK IMPROVEMENTPROJECT

PARKING LOT REPLACEMENT

CONTRACT AGREEMENT

SAMPLE

ATTENTION: THIS PROJECT IS FUNDED PARTIALLY/FULLY BY FEDERAL FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ADMINISTERED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. THIS PROJECT IS SUBJECT TO ALL APPLICABLE HUD RULES AND REGULATIONS INCLUDING FEDERAL DAVIS-BACON WAGE RULES AND ALL APPLICABLE CITY REGULATIONS.

ARTICLE I - PARTIES OF AGREEMENT: REGULATIONS

This agreement (“Agreement”) is entered into the date executed below, between the City of Dearborn Heights hereinafter referred to as “City”, and hereafter referred to as “Contractor”, with its principal offices located at xyz- 123. This Agreement formalizes the understanding between the City and Contractor Name: xyz . stemming from the City’s VAN HOUTEN PARK IMPROVEMENTPROJECT

PARKING LOT REPLACEMENT

ARTICLE II - WORK TO BE PERFORMED (Scope of Work):

Except as otherwise provided herein, Contractor shall furnish all labor, material, tools, equipment, supervision and services necessary to properly execute and complete the Project. The Project shall be performed by Contractor in good and workman like manner strictly in accordance with the City’s request for bids, the City’s bid conditions and obligations and the Contractor’s bid, all of which are incorporated by reference. The Project will commence within ten (10) days upon execution of the Agreement and shall be completed no later than 60 days from this agreement execution, extensions are allowable and approved by the project manager based on case-by-case situations, otherwise, the Contractor will be subject to liquidated damages.

ARTICLE III- TERMS INCORPORATED BY REFERENCE

This Agreement incorporates the City’s Advertisement for Bids and all documents contained therein, and the Contractor’s bid as submitted by reference (“Contract Documents”). Contractor shall be bound by the terms of the Agreement between City and Contractor and all documents incorporated therein.

ARTICLE IV - COMPENSATION:

The contractor agrees that the total quoted price amount as set forth in its Contract Documents, namely the bid itemizations/specifications shall be price used to compensate Contractor per unit.

ARTICLE V - PAYMENTS:

ARTICLE VI - SPECIAL REQUIREMENTS:

SCHEDULE - Time is the essence of this Agreement and the Project shall be performed in accordance with the City’s Request for Bids and the City’s Bid Conditions and Obligations for this Program. Contractor agrees to commence the Project under this Agreement after a pre-construction/pre-installation meeting has been held and to punctually and diligently perform all parts of the Project.

If the Contractor is behind in the Project hereunder, fails or refuses to supply sufficient workmen, or to deliver materials or equipment on schedule, and delays progress of the Project; or if the different parts thereof are not commenced, performed, finished and delivered on time, City shall have the right to direct the Contractor to furnish additional labor and expedite deliveries of material and equipment at contractor’s cost and expense. If such additional labor is not available, City has the right to require Contractor at the Contractor’s cost, to work overtime or additional shifts (and/or weekends and holidays) to such an extent as will be sufficient to speed up and complete the Project in accordance with a progress schedule.

If City incurs any cost associated with the Contractor’s delay with respect to the completion dates identified in Article II, the Contractor is to reimburse City for all costs associated with Contractor’s delay including any liquidated damages assessed against City

ARTICLE VII - CHANGES:

A) Definitions- Change Order: A written order signed and issued by the City, namely the Director/Project Manager and his authorized representative to sign and issue the original Agreement, directing the City to make changes to Article II (Scope of Work) of this Agreement.

Contract Modification: Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provision of the Agreement must be accomplished by mutual action of the parties to the Agreement.

ARTICLE VIII - SUBLETTING - ASSIGNMENT:

No part of this Agreement, nor any interest or monies due therein, may be assigned, sublet or transferred without the City’s written consent and/or approval of the assignment. Contractor is liable to City for all acts and omissions of its subcontractors, assignees or transferees.

ARTICLE IX - TERMINATION:

City shall have the right to terminate this Agreement with or without cause, for the convenience of City. In the event of termination for the City’s convenience, compensation to Contractor shall be made on the same basis as that provided for in the Agreement between City and Contractor or Contract Documents, or in the absence of applicable provisions, then based on the percentage of the work completed as of the date of termination. In no event shall the Contractor be entitled to anticipated profits.

ARTICLE X - INDEMNITY AND RESPONSIBILITY:

Contractor specifically obligates itself to the City in the following respects (and this agreement is made upon such express condition) to wit.

Contractor shall indemnify City against, and save it harmless from any and all loss, damages, costs, expenses and attorney’s fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provisions or covenant of this Agreement. At any time before final settlement of adjudication of any loss, damage, liability, claim, demand, suit or cause of action for which Contractor in this Agreement agrees to indemnity and save harmless the City.

ARTICLE XI - CLEAN-UP:

Contractor shall clean up and remove all rubbish and debris caused by its operations and employees. Otherwise, after a (48) Hour written Notice, City shall proceed with this work and charge Contractor for all costs plus a 10% mark-up for overhead and profit.

ARTICLE XII- SAFETY:

Contractor shall carry on its work in a safe manner, in accordance with the regulations of the latest revised edition of the Manual of Accident Prevention in Construction of the Associated General Contractors of America, Inc., for the protection of persons and property at the site, and Contractor agrees to abide by all applicable Federal, State and Local laws, ordinances, regulations, standards and rules having reference to safety. Contractor agrees to be solely responsible for the protection and safety of its workmen, for the final selection of safety methods, means and safeguards, for the daily inspection of the work area, and for the instruction of its workmen on safety, including attending and/or conducting safety meetings at least once a week.

ARTICLE XIII - EQUAL EMPLOYMENT OPPORTUNITY:

A) During the performance of this Agreement, the Contractor, for itself, its members, officers, directors, and employees in interest agrees as follows:

Non-discrimination: The Contractor with regard to the Services to be performed under this Agreement shall not discriminate on grounds prohibited by federal, state or local constitution, law, statute or ordinance in:

ARTICLE XIV - DEFAULT:

and/or employees for work on the project;

8.

a) After giving Contractor an additional forty-eight (48) hours written (or oral, subsequently confirmed in writing) notice, terminate this Contract, without thereby waiving or releasing any rights or remedies against Contractor or its sureties, and, by itself or through others, take possession of the work, and all materials, equipment, facilities, tools, scaffolds and appliances of Contractor relating to the work, for the purposes of costs and other damages under the contract and for the breach thereof; and

b) Recover from Contractor all costs incurred by City to complete the work plus a 10% mark-up for overhead and profit, and further recover from Contractor all losses, damages, penalties and fines, whether actual or liquidated, direct or consequential, and all reasonable attorneys’ fees suffered or incurred by City by reason of, or as a result of, Contractor’s default.

ARTICLE XV- INSURANCE:

Before Contractor does any work at, or prepares to deliver material to the City, the Contractor shall provide a Certificate of Insurance, issued by a financially responsible insurance company licensed to write insurance in the State of Michigan, evidencing coverage in amounts not less than required by specifications or as follows:

If applicable, the subcontractor shall have its own insurance company naming Contractor and the City as Additional Insured with the following clause added: “The insurance afforded to the Additional Insured is Primary Insurance. If the additional insured has other insurance which is applicable to the loss on an excess or contingent basis, the amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance.”

Each of the above required Certificates shall provide that the coverage therein afforded shall not be canceled or reduced except by written notice to City given at least thirty (30) days prior to the effective date of such cancellation or reduction.

ARTICLE XVI- TAXES AND CONTRIBUTIONS:

The Contractor hereby accepts and assumes exclusive liability for and shall indemnify, protect and save harmless the City from and against the payment of:

ARTICLE XVII – MISCELLANEOUS:

ARTICLE XVIII - GENERAL:

Except as otherwise provided in Article III, this Agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Agreement, and no other agreement or understanding shall be effective for any purpose. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto.

The Contractor represents and agrees that it has carefully examined and understands this Agreement and the other Contract Documents as provided in Article III, has investigated the nature, locality and site of the work, and that it enters into this Agreement on the basis of its own examination, investigation and evaluation of all such matters and not in reliance upon any opinions or representations of the City, or of any of their respective officers, agents, servants or employees.

No waiver by the City of any provision of this Agreement shall be deemed to be waived of any other provisions hereof or of any subsequent breach by Contractor of the same or any other provision.

ARTICLE XVIIII – PROJECT LABOR AND MATERIAL WARRANTEE:

A) The contractor agrees to provide unconditional 24 months warrantee on labor and materials of its work, or the work performed by the contractor’s employees or subcontractors hired by the contractor to perform work on this contract, if the damages or the repair is due to failure caused by workmanship or non-performing/failed materials.

B) The contractor agreed to provide a performance bond for the duration up to the completion of this said project according to the bid specifications, conditions and obligations.

C) The contractor agreed to provide a warranty/maintenance bond for 24 months starting on the date project is completed/passed all required inspections/certifications/satisfaction/acceptance/signed off/Davis Bacon documentations and fully paid for according to the bid specifications, conditions and obligations.

ARTICLE XX - CERTIFICATIONS:

A) The individual signing certifies that he/she is authorized to contract on behalf of the Contractor and to make these certifications.

B) The individual signing certifies that the Contractor is not involved in any agreement to pay money or other consideration for the execution of this agreement, other than to an employee of the Contractor.

C) The individual signing certifies that the Contractor meets the independence standards of the Government Auditing Standards issued by the Comptroller General of the United States.

D) The individual signing certifies that he/she is aware that all individuals to be assigned to the audit have met the GAO Continuing Education Requirement of 80 hours of continuing education every two years; and that 24 hours of this education have been in subjects directly related to the auditing of government grants.

E) The individual signing certifies that he/she has read and understands the GAO requirement of an external quality control review at least once every three years.

F) The individual signing certifies that the Contractor, and any individuals to be assigned to the audit, do not have a record of substandard audit work and have not been debarred or suspended from doing work with any Federal, state of local government. (If the Contractor or any individual assigned to the audit has been found in violation of any state or AICPA professional standards, this information must be disclosed.)

G) The individual signing certifies that the Contractor does carry professional malpractice insurance or is otherwise adequately self-insured.

H) The individual signing certifies that the contractor does not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, disability, or any other basis prohibited by law. The contractor shall take affirmative action to ensure that employees are treated during their employment, without regard to race, color, religion, sex, age, national origin, disability, or any other basis prohibited by law.