RFP-RH-24-013 Lighting Project CH _ Parking Lots.pdf

City of Rochester Hills

Request for Proposals for LED Lights Replacement Project for City Hall & Various City Owned Parking Lots

RFP-RH-24-014

Dated: May 7, 2024, The City of Rochester Hills is accepting proposals from qualified and experienced firms to provide for the replacement of the current fluorescent lighting located on the interior of City Hall and parking lots at various City owned properties. Sealed Proposals will be received by the City of Rochester Hills Purchasing Division, 1000 Rochester Hills Drive, (Lower

Level) Rochester Hills, MI 48309, via Electronic Submission ONLY through the MITN website until

EXACTLY 3:00 P.M. Local time, THURSDAY, June 6, 2024 at which time and place said proposer’s names and addresses ONLY will be read via Zoom Teleconference.

Due to the COVID-19 pandemic, some City processes have been affected and as such, are requiring adjustment to our normal processes. It is important that you read all information to ensure you submit your response to the City in the correct manner. If you are interested in providing a response, please read the Request for Proposals in its entirety and submit the requested information and proper forms and upload the response to the MITN website. Electronic submissions ONLY will be accepted. Hardcopy, emailed, faxed and late submittals will not be accepted.

A Mandatory Walk-Through Meeting has been scheduled for Wednesday, May 15, 2024 at 10:30 am starting at City Hall’s Purchasing Counter, 1000 Rochester Hills Drive, Rochester Hills, MI (lower level right). The meeting is mandatory and potential vendors must attend in order to propose. This is the only opportunity to view the sites.

Questions are to be directed to Keri J. Bright, CPPB, Procurement Analyst, Phone: 248.841.2538;

fax 248.608.8178; brightk@rochesterhills.org. Questions regarding the proposal must be made in writing prior to Thursday, May 16, 2024, 2024 at 11:30 a.m., at which time a response will be prepared and forwarded to all vendors as an amendment, or an addendum to the proposal, if such information would be of significance to uninformed proposers. Questions received after the date and time above will not be considered. Only the person designated above is authorized to seek additional information from prospective firms regarding their proposal. Correspondence or inquiries made directly to firms regarding their proposal from other persons are to be directed to the employee designated above for appropriate review and response.

All proposals must be submitted electronically via the MITN website. Hardcopy responses 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 site.

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. Only those vendors who obtain bid documents from either the Purchasing Division or the MITN System are guaranteed access to receive addendum information, if such information is issued. The first step to do business with the

City is to become a registered vendor by visiting the City website at www.rochesterhills.org, select

Government, Departments, Purchasing and Vendor Registration to link to the MITN website.

Any deviations from the specifications must be noted on the proposal.

mailto:brightk@rochesterhills.org http://www.rochesterhills.org/ for LED Lights Replacement Project

THE CITY OF ROCHESTER HILLS RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS.

Overview

The City of Rochester Hills (hereinafter referred to as the “City”) is requesting proposals from qualified and experienced firms to provide for the replacement of the current fluorescent lighting located throughout the interior of City Hall and the parking lots at City Hall, Fire Station 1, DPS

Garage and Oakland County Sheriff Office (OCSO) & 52/53 Courthouse. Note that some interior areas at City Hall currently have LED lighting and will not be getting replaced. The maps located at the end of the solicitation designate which fixtures get replaced.

The contractor will also be responsible for the hiring of all sub-trade contractors, the coordination of their work and the successful outcome of the project that is completed on time and within budget.

This project includes, but is not limited to, all products, equipment, labor and the required services for the installation of new LED lighting at City Hall.

Note the award of the City Hall portion (interior & parking lot) of this project will fall under the EECBG

Program, Division D of the Bipartisan Infrastructure Law (BIL) and will require prevailing wage rates.

The awarded Contractor must comply with the requirements of the Davis-Bacon Act.

The purpose of this document is to ultimately enter into a contract with a company qualified to provide the necessary services. The City of Rochester Hills has provided specifications and requirements which will assist in the procurement of the highest quality goods and services possible to meet the requirements and needs of the City.

With a view to obtaining the most acceptable services, these specifications cover the general requirements. Recommendations from proposers are encouraged and will be reviewed and evaluated based on the best interest of the City.

This document is a Request for Proposals. It differs from a Request for Bid/Quotation in that the

City is seeking a solution as described herein, not a bid/quotation meeting firm specifications for the lowest price. As such, the lowest price proposed will not guarantee an award recommendation.

Competitive sealed proposals will be evaluated based upon criteria formulated around the most important features of the equipment/service, of which qualifications, experience, capacity and methodology may be overriding factors, and price may not be the determinative factor in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards that measure how well a vendor’s approach meets the desired requirements and needs of the City.

The criteria that will be used and considered in evaluation for award are set forth in this document.

The City will thoroughly review all proposals received. The City will utilize its best judgment when determining whether to schedule meetings with shortlisted proposers, after receipt of all proposals.

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Proposal 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 Hall during this time and it is possible that City buildings may not be open to the public at the time of the opening.

When: Jun 6, 2024 03:30 PM Eastern Time (US and Canada)

Topic: RFP-RH-24-014 LED Light Replacement Project City Hall & Various Parking Lots

Please click the link below to join the webinar: https://us02web.zoom.us/j/85434201191

Or One tap mobile: +13052241968,,85434201191# US; +13092053325,,85434201191# US

Or Telephone: +1 305 224 1968 US; +1 309 205 3325 US; +1 312 626 6799 US;

+1 646 931 3860 US; +1 929 205 6099 US; +1 301 715 8592 US; +1 346 248 7799 US;

+1 360 209 5623 US; +1 386 347 5053 US; +1 507 473 4847 US; +1 564 217 2000 US

Webinar ID: 854 3420 1191

Definitions

1. Owner or City shall refer to the City of Rochester Hills.

2. Service Company, Vendor, Contractor, Firm or Proposer shall refer to the company providing a proposal, quote or bid for the work outlined in the specifications.

Outlined below and within the Request for Proposals, are the specifications governing the requirements, performance and qualifications of the awarded contractor. General Requirements of the RFP are located in Attachment A – General Requirements.

Locations

Interior & Parking Lots:

City Hall, 1000 Rochester Hills Drive, Rochester Hills, MI 48309

Parking Lots Only:

DPS Garage, 511 E. Auburn Road, Rochester Hills, MI 48307

Fire Station 1, 1111 Horizon Court, Rochester Hills, MI 48309

Oakland County Sheriff’s Office Substation, 750 Barclay Circle, Rochester Hills, MI 48307

52/3 District Court, 700 Barclay Circle, Rochester Hills, MI 48307 for LED Lights Replacement Project

Scope of Work/Specifications

The City of Rochester Hills is accepting proposals from qualified contractor(s) and/or suppliers experienced in the project components identified to perform the services needed to complete this project in a professional, cost effective and timely manner. The contractor will provide for the replacement of the current fluorescent lighting located throughout City Hall and the parking lots of

City Hall, Fire Station 1, Department of Public Services (DPS) Garage, and the Rochester Hills

Oakland County Sheriff’s Office (OCSO) Substation. The contractor will also be responsible for the hiring of all sub-trade contractors, the coordination of their work and the successful outcome of the project that is completed on time and within budget. This project includes, but is not limited to, all products, equipment, labor and the required services for the installation of new LED lighting at

City Hall.

Maps – Attachment B (All locations except City Hall’s Auditorium)

The maps enclosed with the RFP include the layout of all current lighting, as well as a listing of the current light counts for the Proposer’s reference. The contractor should use the information provided as a guide ONLY to assist the Contractor in understanding the Scope of Services being requested and the intended outcome of the project. The successful Contractor will be responsible to field verify all final quantities and supply a submittal package for review and approval by the

City’s designated representative prior to any fixtures being ordered.

1. CITY HALL

Note: The award of the City Hall portion of this project will fall under the EECBG Program, Division D of the Bipartisan Infrastructure Law (BIL) and will require prevailing wage rates. The awarded

Contractor must comply with all the requirements of the Davis-Bacon Act.

City Hall Interior (Map B1 & B2):

The current interior fluorescent lighting system at City Hall primarily consists of 2LT8 fixtures, 3LT8 fixtures F42TBX/841 can fixtures.

Note that some interior areas at city hall currently have LED lighting and these will not be getting replaced.

All parts of the property are included in the project scope. In scope areas include all office areas, conference rooms, hallways, gathering places and mechanical rooms. There are some lights controlled with wall sensors in offices and some controlled by wall switches that will stay in this type of operation.

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City Hall – Auditorium (No Map):

The auditorium has a theater lighting system that needs to be upgraded to LED lightening and maintain the current functionality including existing scenes with controls at three locations (Dias, Wall Behind Dias, and thru the Creston system). Proposers are to detail their solutions in their response.

The theater lighting system in the Auditorium is located on the higher ceiling area closest to the windows. The lower-level lighting is considered part of City Hall interior and the lights being upgraded to LED are indicated on the City Hall lower-level map located at the end of the solicitation.

City Hall Parking Lot (Map B3):

The parking lots and sidewalks lighting fixtures include Wall Scones, Flood Lights, Wall Pack Area

Floods, Wall Packs, Sidewalk Light Posts and Parking Light Posts.

The controls at City Hall shall be set up in the City Hall’s current energy management system

(Johnson Controls Facility Supervisory Version) and be able to adjust the program within the system.

2. OTHER PARKING LOTS

DPS Garage Parking Lot (Map B4)

The DPS Parking Lot light fixtures indicated on the map are to be replaced with new LED fixtures and include induction light posts and cobra head lights.

Fire Station 1 Parking Lot (Map B5)

The Fire Station 1 Parking Lot light fixtures indicated on the map are to be replaced with new LED fixtures and include MVR4DD/Us.

OCSO Parking Lot (Map B6)

The OCSO Parking Lot light fixtures indicated on the map are to be replaced with new LED fixtures and include MVR175s and F32 T8 carport lights.

52/3 District Court Parking Lot (Map B7)

The 52/3 District Court Parking Lot light fixtures indicated on the map are to be replaced with new

LED fixtures and include MVR175s lights.

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3. LIGHTING CONTROL PANELS (Map B8 & B9)

The City is requested proposals to include a new system that shall work similarly to the existing system in place with additional upgrades. The upgrade shall be a system-wide networked platform that employs both wired and wireless technologies to connect to the interior and exterior lighting on a single platform.

The City currently has two (2) Triatek LP-3500 series Lighting Control Panels that can create up to

32 relay control points each and one (1) control panel that has 16 relay control points. The system is outdated and required replacement. The majority of the lighting at City Hall goes through these outdated panels and is controlled with our Energy Management System through BACnet.

The two (2) control panels with 32 relay control points to operate the interior and exterior building mounted lighting. The third control panel with 16 relay control points operates the sidewalks, parking lot and compound lighting. This control panel can contain less relay modules since only two relay modules are currently being used in this panel. The City would consider proposals for only two instead of three as long as there was ample relay control points in the two new panels. Whether proposing two or three panels, all proposed panels would need to be incorporated into our Energy Management System.

Proposers to include any additional needed lighting controllers to operate the new lighting panels.

The entire Lighting Control System must be able to communicate and be operational with the City’s current Energy Management System. All programming with the new system shall also be included in the price of the new lighting system controls.

The City is not specifying a specific system and will leave it up to the experts on which lighting control system to propose. Note that the City is seeking a robust lighting control system with flexibility in programming.

The contractor shall supply the City with an additional 20 extra relay modules for future replacement in the new relay panels.

Additionally, the City is requesting that the four new replay modules for the security camera areas be connected to the Energy Management System and have capacity to have a dimmable setting of

25-50%. These relay modules will be on a motion sensing device that after non-working hours, when triggered, the lightening will go to 100% for a specific amount of time (to be determined by

Facilities Department representative). The current relay modules that control these areas for the first floor Triatek (Panel #10 & Panel #22) and for the second floor Triatek (Panel #3 & Panel #22).

The City reserves the right to split the award between multiple contractors if deemed to be in the best interest of the City.

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General Specifications:

1. The new lighting system will provide the same lighting levels as the current lighting system except where:

a. The Supplier Contractor can justify a reduction in lighting levels due to

i. High end trimming

ii. Delamping

iii. Lower wattage due to any current excessive light levels

2. The new lighting system must be warrantied against manufacturing defects for a minimum of three (3) years.

3. The new lighting system must be warrantied against defects due to installation for a minimum of one (1) year.

4. All new LED lights must have a minimum output of 125 lumens per watt

5. All new LED lights must be DLC listed

6. The outcome of the project must satisfy one or both of the following:

a. Minimum lighting system kWh reduction of 65% utilizing a total of 3300 annual operating hours [(372,662 kWh – (proposed replacement total kW x 3300 hours) /

372,662) x 100%]

b. Maximum payback period of 5 years utilizing an operating cost of $.1038/kWh

[Total project cost / (DTE Rebate + ($.1038/kWh x (372,662 kWh – (proposed replacement total kW x 3300 hours))))]

Proposal responses may contain more than one proposed solution. Proposals that include the utilization of lighting controls to achieve the above criteria and that meet the required payback period are encouraged.

The Supplier Contractor shall:

1. Furnish and provide all materials and equipment to successfully complete the work outlined in the Scope of Work and Specifications as it pertains to the Supplier Contractor.

2. At the Supplier’s discretion, they may perform a site lighting audit with light meters to determine current lighting levels during the available pre-proposal voluntary walk-through date. This will be the ONLY opportunity to do this. The Supplier will not be allowed access to the building on any other date.

3. Provide specifications/cut sheets for all proposed LED lights and sensors with proposal for LED Lights Replacement Project

4. As a part of your proposal response, provide before/after photometric drawings IF the presented solution involves a reduction in current lighting counts or levels. ONLY Vendors who present a solution resulting in a lighting count reduction by area of more than 10%

(reference attached lighting counts) OR replacing a light with an LED that is below the standard wattage replacement will need to supply photometrics with their proposal

5. As part of the City’s evaluation process and prior to any recommendation of award of a contract to City Council, shortlisted proposers that are deemed to be in the competitive range, will be asked to supply a demo fixture for an office area and for a high bay area in order for the City to evaluate the fixture being proposed.

6. Provide a single source contact for all warrantee claims and provide warrantee documentation.

The Installation Contractor shall:

1. Furnish and provide all labor, materials, and equipment to successfully complete the work required for the installation of the supplied LED lights.

2. Remove and dispose of old fluorescent lights and ballasts. All materials will need to be disposed of off-site.

3. Provide a dedicated on-site Project manager who will be a single point of contact for the duration of the installation.

4. Provide a single point of contact for all warrantee claims and provide warrantee documentation.

All Contractors will abide by the following:

1. All equipment and materials used in the installation and system commissioning are to be new. No used equipment or materials will be allowed.

2. Provide drawings, calculations or any other information to the City of Rochester Hills Building

Department as required for the review and approval of the various elements of the work.

3. The Proposer is responsible for all fees related to the execution of the Contract including but not limited to building and engineering permits, disposal permits, insurance, payment bonds, performance bonds, etc. as applicable to this project. Proposer will be required to apply for all permits required. Building Permit fees for the City of Rochester Hills will be waived. At time of permit application Vendor will need to indicate that the permits are required for a City project.

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4. All equipment and materials shall be installed in conformance with manufacturer’s recommendations and instructions.

5. Wall mounted equipment and devices shall be grouped neatly in a functionally logical arrangement, and in an aesthetically pleasing manner as possible.

6. Penetrations through walls, ceilings, or floors shall be accomplished neatly. Where visible, penetrations shall be provided with appropriate trim.

7. Penetrations shall not impair the integrity of the wall, floor, and ceiling, e.g. dust-tight walls, soundproof walls, fire-rated walls, etc. Penetrations through roofs shall be made weatherproof.

8. All ferrous metal equipment or structures installed outdoors shall be galvanized or galvanized then painted unless other treatment is specified or scheduled. All ferrous metal on equipment installed indoors shall be painted, galvanized, or other protected from rusting.

Care shall be taken to protect integrity of finishes during handling, installation, field cutting, etc. Tough up of scratches, cuts, etc. should be with matching finish in a manner acceptable to the Director of Building, or his authorized representative.

9. During the construction of these installations, normal facility activities will continue in the buildings. Any work performed that includes the cutting off of power shall be coordinated with the City’s authorized representative.

10. The City may allow installation to be performed over the weekend, however, no weekend work will be permitted without prior written approval by the City of Rochester Hills.

11. All Work shall be done in compliance with all applicable local, State and Federal laws, rules, regulations, zoning ordinances and building codes, as well as M.I.O.S.H.A. guidelines and

Americans with Disabilities Act in effect at the time of the project. Proposer shall provide all barricades and other safety equipment, as necessary.

12. Proposer shall keep street and/or parking lot pavement clear of mud and debris.

13. The Proposer shall attend regular and special meetings as deemed necessary by the City of

Rochester Hills. Proposer shall have in attendance a representative of each sub-trade, if required by the City.

14. The Proposer shall provide reproducible “as-built” drawings as deemed appropriate by the

City of Rochester Hills.

15. Awarded contractor will also be required to attend an on-boarding meeting at the beginning of the contract to review the City’s goals, procedures and policies of the contract.

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16. Awarded Contractor who is performing work of any kind on any property owned or managed by the City of Rochester Hills will be required to wear an ID Badge that identifies them as a guest contractor for the City and report to City Hall prior to any work to receive the ID badges for those employees working on City property. Badges should be visible at all times while on

City property and returned to the Building Department counter or other prior arrangement after final service for the project.

Davis Bacon Act Requirements

In carrying out this agreement for the City Hall interior and parking lot, the contractor / subcontractors agree to comply with the requirements of the Davis Bacon Act. The City Hall interior and parking lot funding is under the EECBG Program, Division D of the Bipartisan

Infrastructure Law (BIL) and will require prevailing wage rates as specified from Code of Federal

Regulation; Title 29; Subtitle A; Part 5; Subpart; 5.5 – Contract provisions and related matters.

See Attachment C – Davis Bacon Contract Clauses and Related Matters.

Including but not limited to the Contractor/Subcontractor will:

• Pay at least the Davis-Bacon prevailing wages listed in the applicable wage determinations included in the contract to laborers and mechanics who work on the site of work— o the Davis-Bacon prevailing wage is the combination of the basic hourly rate and any fringe benefits listed in a Davis-Bacon wage determination;

o contractors can meet this obligation by paying each laborer and mechanic the applicable prevailing wage for the classification of work they perform entirely as cash wages or by a combination of cash wages and employer-provided bona fide fringe benefits;

o contractors must pay laborers and mechanics the applicable prevailing wages for all hours worked on the site of the work on a weekly basis

(except for contributions to bona fide fringe benefit plans, which must be made at least quarterly);

• Maintain an accurate record of hours worked and wages paid, including fringe benefit contributions;

• Submit certified payrolls to the contracting agency/funding recipient each week, within seven days of the payroll date for that workweek; and

• Ensure that the required contract clauses and applicable wage determinations are incorporated into any lower-tier subcontracts.

Proposer Qualifications

A. Proposer is required to provide financial statements, if requested by the City.

B. Provide a history of your firm, list corporate officers, general experience and capabilities.

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C. Provide description of current and the last three (3) completed projects your firm has performed that are similar in scope to this project, including costs.

D. Provide report of current workload and status.

E. Provide previous experience in working with regulatory/government agencies.

F. Provide list of anticipated sub-contractors to be assigned to the project.

Qualifications and Minimum Evaluation Factors

It is the intention of the City of Rochester Hills to award a contract to a Contractor who furnishes satisfactory evidence of requisite experience and ability and sufficient capital and facilities to complete the work successfully and promptly within the timeline established between the parties.

Proposals will be evaluated and ranked. The City of Rochester Hills reserves the right to reject any and all proposals to make an award based directly on the proposals or to negotiate further with one or more firms. The firm selected for the award will be chosen on the basis of the apparent greatest benefit to the City, including but not limited to:

1. Qualifications and Experience (20%)

The contractor shall have on staff personnel who have experience with similar projects as described herein. Provide a profile of your firm; clearly identify supervisors and foremen, who may be assigned to the City’s project. Identify brief overview of his/her qualifications; experience and training (include experience with public sector clients).

2. Comparable Projects (20%)

Provide a list of current and last three (3) comparable projects that have been successfully completed by your firm. Include municipal related work as well as private sector references. Provide type of project, contact name, company name, and address.

3. Capacity (20%)

Identify location, size and nature of facilities, as well as staffing capacity. If subcontractors will be utilized, please provide names and description of the scope of services to be provided.

4. Work Plan (20%)

Provide a work plan that expressly addresses the objectives identified in the Request for

Proposals including the equipment proposed. The selection committee will determine how well that work program meets the objectives of the City. Include a timeline to complete the work.

5. Cost Proposal (20%) – Per Proposal Form.

Costs will be evaluated based on overall total project cost, total cost of ownership, supplied warranties, and how well they conform to the above criteria.

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General Conditions

The City is not required to accept the lowest proposal in all or in part. The proposal award will not be based solely upon cost, but will be evaluated based upon criteria formulated around the most important features of the services, of which qualifications, experience, comparable projects, references, work plan or capacity, may be overriding factors. Award will be made based on the proposal that is most advantageous to the City of Rochester Hills. The City of Rochester Hills reserves the right to accept or reject any or all proposals, in part or whole and to waive informalities and minor irregularities in proposals received.

The City reserves the right to reject any and all proposals, to waive any informality in the proposals received, and to accept any proposal (or part thereof) which it will deems to be most favorable to the interest of the City or to award to multiple proposals.

The City reserves the right to modify the scope of services during the course of the contract. Such modification may include adding or deleting any tasks this project will encompass and/or any other modifications deemed necessary. Any changes in pricing or payment terms proposed by the contractor resulting from the requested changes are subject to acceptance by the City. Changes may be increases or decreases.

All pages and the information requested herein shall be furnished completely in compliance with instructions. The City of Rochester Hills reserves the right to declare as non-responsive, and reject any incomplete proposal, if material information requested is not furnished, or where indirect or incomplete answers or information is provided.

All costs incurred in the preparation and presentation of this proposal, in any way whatsoever, shall be wholly absorbed by the prospective firm. All supporting documentation shall become the property of the City of Rochester Hills unless requested otherwise at the time of submission. The confidentiality or disclosure of any information submitted is governed by the Michigan FOIA. The

City cannot promise, warrant or guarantee confidentiality nor that the information presented will be exempt from disclosure under the FOIA. The City may honor requests for confidentiality only to the extent that FOIA permits.

The City reserves the right to waive any informality in the proposal received, and to accept any proposal or part thereof, which it shall deem to be most favorable to the interests of the City of

Rochester Hills. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the contractor to whom it is proposed to make such award.

Any contract awarded to a person or company who is discovered to have been in default or disqualified at the time of the award of the contract shall be voidable at the discretion of the Mayor of the City of Rochester Hills.

As this Request for Proposals is being made available by electronic means, the proposer accepts full responsibility to insure that no changes are made to the Request for Proposals documents. In the event of conflict between a version of the Request for Proposals submitted by proposer and the version maintained by the City of Rochester Hills Purchasing Division, the version maintained by the City of Rochester Hills Purchasing Division shall govern.

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Contractor shall provide all labor, equipment, goods, materials and services necessary to complete the specified work scope in a safe and legally correct manner. All work shall be performed in a thoroughly workmanlike manner in accordance with the highest standards of quality for such work.

The Contractor is an independent contractor and as such will be responsible for paying his/her own

Federal income tax and self-employment tax, or any other taxes applicable to the compensation paid under this agreement.

The City of Rochester Hills shall reserve the right to terminate the contract without penalty upon 30 days written notice due to poor performance or for any reason deemed to be in its best interest. A designated representative of the City of Rochester Hills will be solely responsible for determining acceptable performance levels. His/her decision will be deemed in the City of Rochester Hills’ best interest and will be final. The City of Rochester Hills reserves the right to re-award the contract to the second most qualified proposal, re-bid the contract, or do whatever is deemed to be in its best interest.

If the awarded Contractor should neglect to perform the work properly or fail to perform any provision of this contract, the City of Rochester Hills, three (3) days after providing written notice to the Contractor may without prejudice to any other remedy, make good such deficiencies and may deduct the cost thereof from the payment due to the Contractor plus twenty (20%) percent for failure to perform.

All workmanship shall conform to the best current practice at the respective trades; and all equipment, materials and articles incorporated in the work under this agreement shall be new and of the best grade of their kind for their purpose. The Contractor shall, if required, furnish evidence as to the kind and quality of the materials, equipment and/or articles used.

It shall be the proposers’ 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 proposers shall be bound by such changes or addenda. Addendums will be posted on the MITN system.

In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the contractor of such occurrence and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the City.

In the event bankruptcy proceedings are commenced by or against contractor or under any provisions of the United States Bankruptcy Act or for the appointment of a receiver or trustee or a general assignment for the benefit creditors of either party, City shall be entitled to terminate without further cost or liability. The City may cancel the Agreement/Contract or affirm the Contract and hold the contractor responsible for damages.

No contract may be assigned, sublet or transferred without the written consent of the City of

Rochester Hills. Any subcontractor, so approved, shall be bound by the terms and conditions of the contract. The contractor shall be fully liable for all acts and omissions of its subcontractor(s) and shall indemnify and insure the City of Rochester Hills for such acts or omissions.

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Contractor shall take all necessary measures to prevent damage to other areas adjacent to his work. Should damage occur as a result of the Contractor’s work, the Contractor is responsible for the repair and/or replacement of the damaged area. Otherwise the City shall repair and/or replace the damaged area and charge the Contractor or deduct the amount from the Contractor’s invoice.

All work shall meet with the approval of the Director of Building Department or his authorized representative, as conforming to the provisions and requirements of this contract.

Contracts for work under this Request for Proposals will obligate the firm to not discriminate on the grounds of race, color, creed, religion or national origin in their employment practices. The successful bidder must furnish documentation complying with State of Michigan and Federal laws relating to discrimination under Equal Employment Opportunity (EEO).

The City’s acceptance of a Proposal and approval of the award of a contract shall not constitute a formal contract and the acceptance of a proposal 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.

Any significant explanation desired by a Proposer, regarding the meaning or interpretation of the

Request for Proposals must be requested with sufficient time allowed for a reply to reach all prospective proposers before the submission of their proposals.

Any information given to a prospective proposer concerning the Request for Proposals will be furnished to all prospective proposers as an amendment or an addendum to the Request for

Proposals, if such information would be of significance to uninformed proposers. The City shall make the sole determination as to the significance to uninformed proposers. Questions regarding the Request for Proposals must be made in writing prior to FRIDAY, JUNE 17, 2022 at 11:00 a.m.

(local time), at which time a response will be prepared and posted on the MITN website.

Contractors are advised that the Request for Proposals is considered to be under evaluation until contract award. The Purchasing Division and City staff are restricted from giving any information relative to the proposals or progress of the evaluation during this time, except as described in this

Request for Proposals and as required to administer the evaluation process. Contact with review committee members, Mayor or City Council members can result in disqualification. An award will be posted on the MITN website.

Terms and conditions on City’s solicitation documents, contracts and/or purchase orders shall prevail and take precedence. Unless expressly accepted by the City, the City will not consider additional terms and conditions submitted by the contractor. Any and all such additional terms and conditions shall have no force and effect and are inapplicable to the City’s purchase of goods and services if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. Contractors shall agree that the general and/or any special conditions in the City documents are applicable to purchases made by the City and that the City will not accept exceptions to its terms and conditions.

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Securing Documents

A. Copies of the Request for Proposals Documents may be obtained from the Michigan

Intergovernmental Trade Network (www.mitn.info) or from the Purchasing Division, City of

Rochester Hills, 1000 Rochester Hills Drive (Lower Level), Rochester Hills, Michigan 48309.

The authorized version of the Request for Proposals document shall be that Request for

Proposals document appearing on the MITN website with amendments.

Withdrawal of Bids

B. A proposer may withdraw his/her proposal, either personally or by written request, at any time prior to the due date.

C. No proposer may withdraw his/her proposal for a period of ninety (90) calendar days after the due date.

City of Rochester Hills (Owners’) Right

A. The City of Rochester Hills reserves the right to reject any or all proposals submitted and to waive any informality and irregularity in the proposals and in the proposing.

B. The City of Rochester Hills reserves the right to award the contract in its best interests.

C. The City of Rochester Hills reserves the right to accept Alternates in any order or combination on the basis of the sum of the base proposal and the Alternates accepted.

Taxes

Municipalities are exempt from Michigan State Sales and Federal Excise taxes. A tax exemption certificate will be provided if requested.

Transportation Costs

All proposals must include the cost of transportation, prepaid and allowed, FOB Rochester Hills, Michigan.

Payment Terms

The awarded Contractor shall be required to submit authentic, accurate and itemized invoice for all work completed within 30 days after the City accepts the completed work pursuant to this contract. Appropriate documentation shall be submitted with invoices to provide sufficient information should a discrepancy be discovered. Payment for work performed and approved by the

City of Rochester Hills will be paid in the payment method selected by the Contractor.

Advanced payments will not be authorized.

Project Time

The awarded Contractor shall submit total number of days required to complete the job. Time is of the essence to the completion of this contract. At any time prior to the Contractor’s completion of the services pursuant to this contract, the City may terminate this contract without penalty or damages, and upon such termination shall only owe Contractor for the costs of materials and services actually provided pursuant to this contract prior to such termination, in an amount not to exceed the amount of the contract.

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No Damage for Delay

A delay in completion of this Project for any cause shall not entitle Contractor to additional payment from the City. Should the Contractor be delayed in the completion of any work by any act or neglect of the City, by other contractors employed by the City, by changes in the work, by materials or labor shortages, or by unavoidable causes, then the Contractor may present a written request to the City for an extension of time for completing the work. If the basis for the amount of the extension are determined by the City to be justified, then the City shall issue a written extension to the Contractor.

Contractor’s sole remedy for any hindrance or delay shall be an extension of time for competition for the work.

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.

Ineligibility of Iran-Linked Business

Under 2012 PA517, an Iran linked business, as defined therein, is not eligible to contract with the

City and shall not submit a proposal

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 Request for Proposals, 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 performance of the contract.

Payment and Performance Bonds

Performance and payment bonds shall be required if the total project cost exceeds $100,000.00 that are satisfactory to the City executed by a surety company authorized to do business in the

State of Michigan or otherwise secured in a manner satisfactory to the City in an amount equal to

100% of the price specified in the proposal prior to execution of a contract.

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Insurance Requirements

The vendor shall not commence work until he has obtained and delivered to the City of Rochester

Hills the certificate of insurance required under this paragraph. All insurance carriers must be acceptable to the City and licensed and admitted to do business in the State of Michigan.

Certificate of Insurance and required endorsements shall be sent electronically to the City of

Rochester Hills to the attention of the purchasing division at the following email address:

purchasing@rochesterhills.org.

A new certificate of insurance shall be provided to the City each year at the time of policy renewal.

Failure of the Vendor to maintain the required insurance shall be grounds for contract cancellation.

1. Commercial General Liability Insurance: The Vendor shall procure and maintain during the life of the blanket purchase order/contract, Commercial General Liability Insurance on an

“Occurrence Basis” with limits of liability not less than $1,000,000 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.

2. 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 per occurrence combined single limit Bodily

Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

3. Umbrella Liability Insurance: The Vendor shall procure and maintain during the life of this contract Umbrella Liability Insurance with limits of liability of not less than $1,000,000 per occurrence.

4. 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.

5. 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. 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.”

6. 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.”

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7. Proof of Insurance Coverage: The Contractor shall provide the City of Rochester 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 shall be furnished, if so requested.

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

Hold Harmless

To the fullest extent permitted by law, the Proposer agrees to defend, pay in 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 and 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 in behalf of the City of

Rochester Hills by reason of personal injury, including bodily injury and death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with the contract.

Instructions to Proposers

A. Required bonds, proper insurance and W-9 form are required prior to the City signing the contract from the awarded contractor.

B. Proposals shall be in accordance with the Purchasing Ordinance and the requirements of this notice in order to be deemed “responsive.”

C. Proposal Cost Form and Vendor Questionnaire must be completed entirely and submitted with Proposal. Proposal shall be in conformance with and subject to the Request for

Proposals.

D. All licenses required by the State of Michigan, and/or the City of Rochester Hills, which are necessary to perform this Contract, must be obtained prior to the award of contract.

E. No proposal will be accepted from, or contract awarded to any person, firm, or corporation that is in arrears or is in default to the City of Rochester Hills upon any debt or contract, or that is in default as surety or otherwise, or failed to perform faithfully any previous contract with the City.

F. In the case of any discrepancies, the subject shall be referred to the City for decisions and the City’s decision shall be binding; and without such decision, adjustment shall not be made by the Proposer save at his own risk.

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G. For problems or deficiencies of significant importance or of a continual nature, a time period of compliance shall be established after discussion and mutual agreement. Failure of the

Proposer to correct the deficiencies within the time period agreed upon, shall constitute cause for termination of the services and/or withholding of payment.

H. The City may modify the Request for Proposals prior to the deadline for submission by issuance of addendum. It shall be proposer’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 proposers shall be bound by such changes or addenda. Addendums will be posted on the MITN system.

I. All proposal prices shall remain in effect for at least ninety (90) days from the due date of proposals to allow for the award. Awarded proposer’s prices shall remain firm through the term of the contract.

J. Proposers to whom award of a contract is under consideration…