ROOF TOP TRANE UNITS BID RFP_September 8 2025.pdf

CITY OF LIVONIA – DPW, FLEET MAINTENANCE GARAGE

REQUEST FOR PROPOSAL

PURCHASE AND INSTALLATION OF TWO (2) 20-TON ROOF TOP UNITS

Prebid Meeting: 9/16/2025 AT 10:00 A.M.

Proposals Due: 9/30/2015

CONTACT PERSON:

Gus Kandah, Purchasing Manager gkandah@livonia.gov mailto:ebachelor@ci.livonia.mi.us

CITY OF LIVONIA

ADVERTISEMENT

REQUEST FOR PROPOSAL PURCHASE AND INSTALLATION OF TWO 20-TON ROOF TOP UNITS

The City of Livonia Michigan will receive sealed bids via the MITN WEBSITE ONLY (www.mitn.info) for PURCHASE AND INSTALLATION OF TWO (2) 20-TON ROOF TOP UNITS according to the specifications herein. Sealed bids will be received until 2:00 p.m., on SEPTEMBER 30, 2025. No faxed bids will be accepted. No late bids will be accepted. No physical bids will be accepted. All bid responses must be submitted in Adobe Acrobat PDF format via the MITN website.

Bids received via the MITN website by the specified due date and time will be publicly opened at the due date and time via Zoom. Vendors may attend the bid opening virtually by using the following credentials:

By Computer:

https://us02web.zoom.us/j/82294127641

By Phone:

Phone (312) 626-6799 Webinar ID: 822 9412 7641

Each proposal shall be accompanied by a 5% BID BOND in the amount of five percent on the Michigan Standard Form, issued by an approved Surety Company, must be furnished.

The purpose of this RFP is to PROVIDE AND INSTALL two 20-Ton roof top units at the DPW Fleet Maintenance Garage, 13405 Surrey Ave., Livonia, MI 48150.

A HIGHLY RECOMMENDED pre-bid meeting will be held on TUESDAY, SEPTEMBER 16, 2025, at 10:00 a.m. at Livonia DPW Fleet Maintenance Garage, 13405 Surrey Ave., Livonia, MI 48150.

The City of Livonia officially distributes bid documents through the Michigan Intergovernmental Trade Network (BidNet). Bid documents obtained from any other source are not considered official copies. The City of Livonia cannot guarantee the accuracy of any information not obtained from the MITN website and is not responsible for any errors contained by any information received from alternate sources. Only those firms who obtain the RFB documents from the MITN system are guaranteed access to receive addendum information, if such information is issued. If you obtained this document from a source other than the source indicated, it is recommended that you register on the MITN site, www.mitn.info and obtain an official copy.

QUESTIONS:

Questions regarding the Request for Bid must be submitted in writing to the attention of Gus Kandah, Purchasing Manager, via email at: gkandah@livonia.gov. All questions received by Friday, SEPTEMBER 23, 2025, will be responded to in writing in the form of an addendum which will be posted on the MITN website. No phone calls will be accepted. All inquiries regarding this solicitation shall be submitted to the Purchasing Manager.

https://us02web.zoom.us/j/82294127641 http://www.mitn.info/ mailto:gkandah@livonia.gov

INSTRUCTIONS TO BIDDERS

1. DEFINITIONS

a. The respective contract documents are complementary so that requirements of any particular document shall be applicable to all. The contract price, as such term is used in the contract documents, shall include the cost of all superintendence, labor and materials, and all other expense necessary for the proper execution of the work.

2. PROPOSALS

a. Sealed proposals will be received as per Advertisement for Bids.

b. Proposals shall be for items as specified on the attached specifications and bid form.

A manufacturer’s specification sheet for materials and items to be supplied shall accompany the bid when applicable.

c. Each proposal must be submitted on forms provided by the City of Livonia.

d. Each proposal must be accompanied by cash, certified check of the bidder, or a bid bond duly executed by the vendor as principal and having as surety thereon a surety company approved by the City of Livonia in the amount of five percent (5%) of the proposal. Such cash, checks or bid bonds will be returned after the City of Livonia and the accepted vendor have executed the contract; or, if no award has been made within sixty (60) days after the date of the opening of proposals, upon demand of the vendor at any time thereafter, so long as he has not been notified of the acceptance of his proposal. The successful vendor, upon his failure or refusal to execute and deliver the contract and bonds required within fifteen (15) days after he has received notice of the acceptance of his proposal, shall forfeit to the City of Livonia, as liquidated damages for such failure or refusal, the security deposited with his bid.

e. The City of Livonia reserves the right to reject any and all proposals, to waive any informalities or deficiency in the proposals received, and to accept any bid proposal which it deems most favorable to the interest of the City regardless of whether such bid is the lowest received.

f. In comparing bids, the bid of any City-based firm may be deemed a better bid than the bid of any competing firm which is not City-based, whenever the bid of such competing firm shall be less than three percent lower than the bid of the City-based firm on any contract bid in an amount of one hundred thousand dollars or less, and less than one percent lower on any amount bid in excess thereof. The firm making the lowest bid thus evaluated shall be deemed the lowest bidder. (Section 3.04.140.E.1. of the Livonia Code of Ordinances, as amended).

3. NAME AND STATUS OF BIDDER

a. The name and legal status of the bidder, that is, as a corporation, partnership or individual, shall be stated in the proposal.

b. Anyone signing a proposal as an agent of another or others must submit, with the proposal, legal evidence of his 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 his signature.

4. TIME OF COMPLETION

To be determined.

5. NOTICE OF AWARD

The contract shall be deemed as having been awarded when formal written notice of acceptance of the proposal has been duly served upon the intended awardee by the City Clerk.

TENTATIVE TIMELINE:

Issue Bid 9/9/2025 Highly Recommended Prebid Meeting 9/16/2025 Question Deadline 9/23/2025 Bid Due Date 9/30/2025

MINIMUM QUALIFICATIONS:

• Firms responding to the RFP must demonstrate a minimum of 10 years of experience performing projects of similar scope and size.

• Firms must be properly registered and licensed to engage in the scope of work pertaining to the requirements of the RFP by all applicable state and local agencies.

BACKGROUND CHECKS:

The City reserves the right to perform background checks on all personnel assigned to this project as well as all workers who will be present on site. Should the background check not be passed that person will not be given access to the site and must be replaced immediately with a qualified person who can perform their duties without delaying the project timeline established.

EXCEPTIONS TO SPECIFICATIONS:

If a firm responding to the RFP intends to take exception to any portion of the RFP terms, conditions or specifications, those exceptions must be stated in writing and submitted with your sealed proposal for the City’s consideration. The City makes no assurance that it can accommodate stated exceptions.

MINIMUM QUALIFICATION REQUIREMENTS:

Respondents who fail to meet these minimum requirements will be deemed nonresponsive and rejected without any further evaluation. Proposal responses shall demonstrate that firms meet or exceed the minimum qualifications specified in this section.

Respondent’s team, who will be assigned to the contract resulting from this RFP, must have a minimum of five (10) years of experience in installing commercial HVAC systems.

Respondent’s employees, who will be assigned to the contract must have provided similar services on (3) successful construction projects within the last five (5) years. Respondents must also have provided Design/Build Services for a municipal project of comparable size, scope and complexity over the last ten (10) years..

Respondent’s employees, sub-contractor or partner assigned to this project has performed successfully on design/build projects within the last ten (10) years.

NONCOLLUSION:

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

ACCEPTANCE:

Upon completion of all work and prior to submission of the final invoice the contractor shall conduct walk through with Police Department. A written punch list of items shall be documented as a result of the walkthrough. All punch list items must be resolved to the satisfaction of the City in order for payment of invoice to be authorized. Upon submission of final invoice all work areas shall be neat and clean free of clutter and debris The area must be clean and ready for use

WARRANTY:

The building manufacturer shall provide detailed information regarding the warranty for labor and materials on the installed pre-engineered building that ensures that any material or workmanship defect will be properly addressed and resolved by the Manufacture/Installer within that warranty period which time begins at the final completion and acceptance of the pre-engineered structure.

ROUTINE CARE AND MAINTENANCE:

The successful vendor shall provide two (2) sets of manuals for proper care, cleaning and maintenance of all components and hardware installed.

QUESTIONS REGARDING THE RFP: All questions regarding the RFP must be submitted in writing, via email to Gus Kandah, Purchasing Manager, at GKandah@Livonia.gov. NO PHONE CALLS WILL BE ACCEPTED. Interested parties shall direct all inquiries to the Purchasing Manager and may not contact the DPW Department directly. The deadline for submitting questions regarding the RFP is September 23, 2025.

SCOPE OF WORK

Firm will be responsible for coordinating and permitting all site features specified within the scope of services with applicable federal, state and local agencies. The project will include but not be limited to the following:

The City of Livonia seeks proposals from qualified firms to furnish all necessary labor, materials, expertise, design, and equipment necessary to secure and install the following:

1. Two (2) new Trane 20-Ton RTU, 208/230V, 3-phase systems.

a. Medium gas heat

b. Two stage cooling single circuit

c. Ultra low leak enthalpy Economizer

d. Smoke detectors

2. Furnish and install the concentric supply and return ductwork.

3. Furnish and install new thermostat.

4. Craning of the equipment.

5. Structural reinforcement for the new units.

6. New roof curbs.

7. Roofer to seal curb penetration.

8. Reworking the gas lines.

9. Electrical supply by City Electrician.

10. Scissor lift for inside work.

11. Obtain mechanical permits.

12. Check test and start up.

13. Labor to complete above work.

EXISTING SITE CONSIDERATIONS/CONDITIONS:

• The City and the Contractor shall establish a work schedule for the project. Working hours shall be accommodated Monday – Friday 7:00 a, m. – 5:00 p.m.

City of Livonia

PROPOSAL FORM

PURCHASE AND INSTALLATION OF TWO 20-TON ROOF TOP UNITS

Honorable Members of the Council 33000 Civic Center Dr.

Livonia, MI 48154

Dear Council Members:

The undersigned, by the submission of this proposal, represents that they are familiar with and have determined for themselves the nature, and extent of the proposed work, and the conditions under which it must be performed, and completed, and agrees that they will contract with the City of Livonia furnish at, and for the following monies all materials, labor, equipment, permits, insurance , supervision, and all other things necessary, or incidental to complete the entire work in accordance with the appended specifications, general conditions, and related contract documents. By submission of this bid, the undersigned represents that they are familiar with, and understand all of the above referenced contract documents.

COMPANY NAME:

ITEM DESCRIPTION COMPLETE FOR THE SUM

1 Furnish and install Two (2) 20-ton roof top units and other items as specified in scope of work.

Mfg Model No.

Warranty: Parts Labor

• Cost of extended maintenance and warranty agreement $:

• Our firm can commence work on this project with calendar days of receipt of Notice to Proceed.

• Number of days required to complete the project upon notice to proceed: days

• My firm has reviewed and taken into consideration the geotechnical information provided with the Request for Proposal Yes No

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

Indicate addendum number to confirm receipt.

Addendum # Addendum # Addendum #

The undersigned agrees that, if the proposal made herein is accepted, he will satisfactorily perform and complete all of the work and meet all of the requirements and obligations imposed upon him by the contract including the plans, specifications and general conditions.

Also, the undersigned agrees that, if the above proposal is accepted, he will execute the contract and furnish the necessary proof of insurance carriage within fifteen (15) calendar days from such acceptance. The policy needs to be updated within 30 days of submittal with addition of City of Livonia listed as insured.

To guarantee his fulfillment of the foregoing covenants, the bidder attaches hereto his certified check or bid bond in the sum of $ (5% of proposal) and agrees that same shall be forfeited to the City of Livonia in the event of his failure to execute the contract or furnish acceptable bonds, not as a penalty but as actual liquidated damages.

The City shall not be required to prove or show such liquidated damage.

In submitting this sealed bid, it is understood that the City of Livonia reserves the right to reject or accept any or all proposals in whole or in part and waive any irregularities or informalities therein. It is agreed that this bid may not be withdrawn for sixty (60) days from the opening thereof.

The contractor and his subcontractors agree that they will not discriminate against any employee or applicant for employment to be employed in the performance of this contract with respect to his hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of his sex or age, except when based on a bona fide occupational qualification, or because of his race, color, religion, national origin or ancestry (Act 251, P.A. 1955, as amended). The contractor further agrees that he will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to age, sex, race, creed, color or national origin. Breach of this covenant may be regarded as a material breach of the contract.

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 official capacity of person executing proposal and bid.

Proposal Submitted by:

Company Name

Address

City/State/Zip

Phone Number

By:

Print Name/Title

Telephone Number

Email Address

Date:

CONTACT PERSON TO WHOM QUESTIONS REGARDING PROPOSAL

RESPONSE SHOULD BE DIRECTED:

COMPANY NAME:

NAME: TITLE:

PHONE:

EMAIL:

REFERENCE FORM

COMPANY NAME:

Reference Company Name:

City/State:

Summary of Work Performed:

Dates of Work:

Company Contact Person: Title:

Phone Number: Email:

Reference Company Name:

City/State:

Summary of Work Performed:

Dates of Work:

Company Contact Person: Title:

Phone Number: Email:

Reference Company Name:

City/State:

Summary of Work Performed:

Dates of Work:

Company Contact Person: Title:

Phone Number: Email:

VENDOR QUESTIONNAIRE

Bidders must answer all questions. If more space is needed to complete a question, attach a separate sheet.

Company Name:

Address

Contact Person: Title

Phone No. Email

1. Number of years operating under you present name:

2. General nature of work performed by your company:

3. Number of years you have performed work similar in scope and size to the work requested in the RFP:

4. Have you performed work for the City of Livonia in the last ten (10) years? If so, please specify:

Year of Service Department Serviced Description of Services Provided

5. What challenges to you foresee with this project?

6. What is included in your base price for services? What services will additional fees incur? Attach fee schedule for all roles associated with this project.

7. Does your firm take any exceptions or make any assumptions to the requirements specified in the RFP? Yes No

If yes, please specify in detail exceptions and assumptions.

Exception = E Assumption = A

Reference (i.e. page number, section heading. etc.)

Rationale

M

SUBCONTRACTOR’S LIST

COMPANY NAME:

ITEM COMPANY NAME

ADDRESS:

CITY/STATE:

CONTACT PERSON:

EMAIL

ITEM

COMPANY NAME

SUBCONTRACTOR LIST

CONTINUED

ITEM COMPANY NAME

ITEM

COMPANY NAME

ADDRESS

COMPANY NAME:

GENERAL CONDITIONS CITY OF LIVONIA

GC-1

SECTION TOPIC

1. Contract Documents

2. Definitions

3. Intent of the Contract Documents

4. Contract Drawings and Specifications

5. Shop Drawings

6. Soil Conditions

7. “Or Equal” Clause

8. Patents and Infringements

9. Superintendence

10. Workers

11. Subcontracting

12. Director’s Status

13. Inspector’s Status

14. Inspection

15. Work Protection

16. Accident Protection

17. Working Space

18. Use of the Site

19. Order of Completion – Use of Completed Portion

20. Permits, Surveys and Compliance With Laws

21. Laying Out Work

22. Survey Monuments

23. Sanitary Regulations

24. Report of Errors and Discrepancies

25. Estimated Quantities

26. Contractor’s and Subcontractor’s Insurance

27. Proof of Carriage of Insurance

28. Performance Bond

29. Labor and Materials Bond

30. Maintenance and Guarantee Bond

31. Forfeiture of Contract

32. Definition of Notice

33. Additional or Omitted Work – Payment

34. Deduction for Uncorrected Work

35. Time Limit of Contract

36. Extension of Time

37. Estimates and Payments

38. Fair Employment Practices Act

GC-2

1. Contract Documents

The contract documents shall consist of the Notice to Bidder, Proposal, General Conditions, Specifications, Bonds, Plans, Drawings, Contract, and any additional documents which may be made a part of the contract.

2. Definitions

Certain terms, when used in the contract documents, shall be respectively defined as follows:

“City or Owner” The City of Livonia.

“Contractor” The person, firm or corporation to whom the within contract is awarded by the Owner and who is subject to the terms hereof.

“Subcontractor” A person, firm or corporation, other than a Contractor, supplying labor and/or materials which contribute in any manner to performance of the within contract.

“Surety” Any person, firm or corporation that has executed, as Surety, the Contractor’s bonds securing the performance of the within contract.

“Director” The Chief of DPW or any of his designated representatives.

3. Intent of the Contract Documents

The respective contract documents are complementary, so that requirements of any particular document shall be applicable to all. The contract price, as such term is used in the contract documents, shall include the cost of all superintendence, labor and materials, and all other expense necessary for the proper execution of the work.

The specifications, schedules, plans and drawings referred to shall be taken together to explain each other and to make the whole consistent. Work shown on a plan and not mentioned in the specifications, or vice versa, shall be performed as if shown by both; and, in case of conflict, the Director will determine which will govern. In case of ambiguity in the plans or specifications, the Director will decide as to the correct interpretation thereof.

Where errors or omissions are encountered in the contract documents, the applicable sections of the current edition of the Wayne County’s Road Commissioners General Specifications for Roads, Bridges, and Miscellaneous Construction shall prevail.

When not otherwise specifically defined in the contract documents, words therein which describe materials or work having a well-known technical or trade meaning, recognized by architects, engineers and the trade, shall be construed in accordance with such meaning.

GC-3

4. Contract Drawings and Specifications

The contractor shall be held to have compared the premises with the contract drawings and specifications, prior to submitting a proposal, and to have fully informed himself as to the condition of the premises, existing structures, and any other condition affecting the carrying out of the work. No additional consideration or compensation will be allowed by reasons of obvious errors or omissions in the contract drawings or specifications.

Unless otherwise provided in the contract documents, the City will furnish the contractor, free of charge, copies of all contract drawings and specifications reasonably necessary to carry out the work.

All work shall strictly conform with the contract drawings and specifications, and the contractor shall not proceed without reference thereto.

Approved or conformed copies of the contract drawings and specifications shall be maintained at the work site by the contractor and be made available to the City at all times.

5. Shop Drawings

The contractor shall submit to the Director all shop or setting drawings and schedules required for the work, make any corrections therein required by the Director, and resubmit same without delay.

Approved or conformed copies of all shop or setting drawings shall be maintained at the work site by the contractor and be made available to the City at all times.

6. Soil Conditions

The contractor shall be held to have made his own determination of soil conditions on the premises, prior to submitting a proposal, and shall complete the work in whatever soil materials and under whatever conditions he may encounter or create, without additional cost to the owner. This shall apply whether borings are shown on the drawings.

7. “Or Equal” Clause

Whenever an article, material, or item of equipment is specified in any of the contract documents by describing a proprietary product, or by using the name of a manufacturer or vendor, the term “or equal,” if not inserted, shall be implied.

The specified article, material, or equipment shall be understood as indicating the type, function, minimum standard of design, efficiency and quality desired and shall not be construed in such a manner as to exclude manufacturers’ products of comparable quality, design and efficiency. The contractor shall comply with requirements in the contract documents relative to the City’s approval of materials and equipment before they are incorporated in the work.

GC-4

8. Patents and Infringements

The contractor agrees to indemnify and save the City, its servants and agents, harmless against any and all claims for royalties or infringements of patent rights in respect to tools, appliances, equipment, processes, or systems of construction and materials made, furnished or used under this contract, and to defend at his own expense any and all suits at law or in equity which may be brought against the City, its servants or agents, for such claims; provided, however, that the City, its servants or agents, gives the contractor immediate notice in writing of the institution of such suit and authorizes him to defend the same, furnishing him with such reasonable assistance and available information as will enable him to so defend. The provisions of this paragraph shall be binding upon the parties hereto, notwithstanding anything to the contrary implied or expressed elsewhere in any of the contract documents.

9. Superintendence

The contractor shall give his personal superintendence to the work or always have at the site of the work a competent foreman, superintendent, or other representative who is satisfactory to the City and who has authority to act for the contractor.

10. Workers

The contractor employs only competent, efficient workers who are skilled in the work assigned to them and shall at all times enforce strict discipline and good order among his employees. Whenever the City should notify the contractor, in writing, that in its opinion any worker employed is careless, incompetent, disorderly, or otherwise unsatisfactory, such worker shall be relieved from the job and shall not again be employed thereon except with the written consent of the City.

11. Subcontracting

The contractor shall not subcontract any work to be performed or any materials to be furnished in the performance of this contract without the written consent of the City. If the contractor sublets any part of this contract, he shall be as fully responsible to the City for the acts and omissions of his subcontractors, and of the persons they directly or indirectly employed, as he is for the acts and omissions of his own employees.

12. Director’s Status

The Director shall have general supervision and direction of the work, and authority to stop such work whenever necessary to insure proper performance of this contract. He shall also have authority to reject all work and materials which do not conform with the contract, to direct the application of forces to any portion of the work, as in his judgment is required, and to decide questions which arise in the course of such work.

13. Inspector’s Status

The City may appoint on-the-job inspectors who shall be under the direction of the Director.

Such inspectors will inform the Director as to the work progress, the manner in which it is being done, and the quality of materials being used. They will call the

GC-5

contractor’s attention to any observed failure to follow the plans and specifications. They shall have the authority to reject materials or workmanship which are defective and to suspend the work until any questions concerning compliance with the contract can be referred to and decided by the Director; but they shall have no authority to direct the contractor’s work or workers, to supervise the contractor’s operations or to change the contract plans or specifications.

In no instance shall any action or omission on the part of an inspector release the contractor from his responsibility to complete the work in accordance with the plans and specifications.

14. Inspection

The City and its representatives shall at all times have access to the work wherever it is in preparation or progress, and the contractor shall provide proper facilities for such access and for inspection.

The City shall have the right to reject materials and workmanship which are defective or to require their correction. Rejected workmanship shall be satisfactorily corrected, and rejected materials shall be promptly removed from the premises without charge to the City.

If the contractor does not correct such condemned work and remove rejected materials within a reasonable time, fixed by written notice, the City may remove them and charge the expense to the contractor.

Should it be considered necessary or advisable by the City at any time before final acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, the contractor shall, on request, promptly furnish any necessary facilities, labor and materials. If such work is found to be defective in any material respect, due to the fault of the contractor, or his subcontractors, he shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the contract, the actual cost of labor and material necessarily involved in the examination and replacement, plus 15%, shall be allowed the contractor.

15. Protection of Work

The contractor shall continuously maintain adequate protection of all his work from damage and shall protect the City’s and adjacent property from injury arising in connection with this

The work under this contract shall be at the risk of the contractor in every respect until finished and accepted by the City.

The contractor shall furnish and maintain necessary passageways, guard fences, lights and such other facilities and means of protection as may be needed.

16. Accident Prevention

Precaution shall be observed at all times for the protection of persons including employees and property. The safety provisions of applicable laws, as well as building and construction codes, shall be observed. Machinery and equipment shall be guarded, and all hazards guarded or eliminated, in accordance with the safety provisions of the Manual

GC-6

of Accident Prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable laws.

Substantial barricades shall be erected as deemed necessary to prevent accidents to vehicular or pedestrian traffic, and red flags by day and red lights by night shall be diligently posted by the contractor at all points of possible danger. In case detours or other traffic instructions are necessary, suitable warning or direction devices shall be installed and maintained by the contractor.

Should the contractor fail to comply with any provisions of this contract, affecting the public welfare or safety, the City may, with or without notice, cause the necessary precaution to be taken and will deduct the cost of such work from any money due or to become due the contractor under this contract; but the performance of such work by the City, or at its direction, shall not release the contractor from his general or particular liability for the safety of persons or property.

17. Working Space

The contractor shall confine his equipment, apparatus, materials storage and operations to limits indicated by applicable laws, permits or directions of the City and shall not unnecessarily encumber the premises with his materials.

Should the contractor require space on privately owned property, he shall obtain such space at his own expense by agreement with the owner thereof.

18. Use of Site

In his operations, the contractor shall interfere as little as possible with traffic and shall in no case unduly obstruct traveled ways.

The contractor shall at no time interfere with surface or underground drainage. Free access shall be provided at all times to hydrants and water and gas valves.

The contractor shall enforce the City’s instructions regarding signs, advertisements, fires and smoke.

19. Order of Completion – Use of Completion Portion

The contractor shall cooperate with the City, when reasonably possible, to complete any portion or portions of the work in such order of time as will be beneficial to the City without prejudice to the contractor’s interests.

Use of a completion portion of the work by the City shall not be deemed as acceptance of the work so used or any part thereof.

20. Permits, Surveys and Compliance With Laws

The contractor shall secure and pay for all permits, fees and licenses (including such fees that may be assigned to the City of Livonia as permit holder) necessary for the performance of the work unless otherwise specifically provided in the contract documents.

The City shall furnish all surveys unless otherwise provided in like manner.

GC-7

The contractor shall give all notices, pay all fees, and comply with all applicable laws, as well as rules and regulations bearing on the conduct of the work.

21. Laying Out Work

Principal reference lines or points and bench marks shall be given by the Director when he deems necessary; or he shall be given twenty-four (24) hours advance notice if the contractor requires such information.

The Director will set suitable stakes and marks showing the locations and elevations of the various parts of the work and will furnish the contractor with cut sheets referred to the reference points. No work shall be undertaken until such stakes and marks shall have been set. The contractor shall assure that the work at all times proceeds in accordance with the stakes and marks and shall provide all labor and materials to set required batter boards and locate the work accurately with respect to the reference points.

The contractor shall carefully preserve reference points and stakes; and, in case of willful or careless destruction thereof, he will be charged with the resulting expense and shall be responsible for any errors that may be caused by their loss or disturbance.

22. Survey Monuments

The contractor shall protect and preserve all land survey monuments or property corners along the line of his work. Where monuments or irons are unavoidably disturbed or removed due to operations under this contract, the contractor, at his own expense, shall employ the services of a registered land surveyor to establish, reset or replace such monuments or irons.

23. Sanitary Regulations

Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained in sanitary condition by the contractor; and their use shall be strictly regulated.

24. Report of Errors and Discrepancies

If, in the course of the work, the contractor finds any discrepancies between the plans and physical conditions encountered, or any errors or omissions in the plans or layout, it shall be his duty to immediately inform the Director in writing. Any work done after such discovery, until authorized by the Director, will be at the contractor’s risk.

25. Estimated Quantities

The quantities of the various classes of work to be done and materials to be furnished under this contract, which have been estimated as stated elsewhere herein, are approximate and only for the purpose of comparing on a uniform basis the bids offered for the work under this contract; and neither the City nor its agents are to be held responsible should any of the estimated quantities be found incorrect during the performance of the work; and the contractor shall make no claim for anticipated profit, nor for the loss of profit, because of a difference between the quantities of the various classes of work actually done or materials actually delivered, and the estimated quantities as herein stated.

GC-8

26. Contractor’s and Subcontractor’s Insurance

The contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph, nor shall the contractor permit any subcontractor to commence work on his subcontract until he has obtained the insurance herein required.

a. Worker’s Compensation Insurance. The contractor shall procure and maintain during the life of this contract, Worker’s Compensation Insurance for all of his employees who engage in the work to be performed; and, in any case any such work is sublet, the contractor shall require the subcontractor to provide similar insurance for all of the latter’s employees who engage in the work.

b. Contractor’s Public Liability and Property Damage Insurance. The contractor shall procure and maintain during the life of this contract, Contractor’s Public Liability and Property Damage Insurance in an amount not less than $1,000,000 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in an amount not less than $1,000,000 on account for each accident; and in an amount not less than $1,000,000 on account for each accident for damage to property.

c. Owner’s and Contractor’s Protective Public Liability and Property Damage Insurance.

The contractor shall procure and maintain during the life of this contract, Owner’s and Contractor’s Protective Public Liability and Property Damage Insurance, in the name of the City, in an amount not less than $1,000,000 for injuries, including accidental death, to each person; and, subject to the same limits for each person, in an amount not less than $1,000,000 for damage to property. Such insurance shall include motor vehicle exposure and specific coverage, by endorsement, which shall be described in the following manner:

“It is understood and agreed that such insurance as if afforded shall include specific coverage for the so-called Explosion, Collapse and Underground Hazards, which covers damage to property arising directly or indirectly from explosion, damage or structural injury to buildings or adjacent structures arising from operations under this contract, including excavation or tunneling and damage sustained by wires, conduits, mains, sewers and the like, occasioned by the contractor’s subsurface operations.”

d. Subcontractor’s Public Liability and Property Damage Insurance. The contractor shall require each of his subcontractors to procure and maintain during the life of their subcontract, Subcontractor’s Public Liability and Property Damage Insurance in an amount not less than $1,000,000 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in an amount not less than $1,000,000 on account for each accident; and in an amount not less than $1,000,000 on account for each accident for damage to property.

e. Contractor’s Motor Vehicle Bodily Injury and Property Damage Insurance.

(1) The contractor shall procure and maintain during the life of this contract, Motor Vehicle Bodily Injury Insurance (Comprehensive Form) in an amount not less than $1,000,000 for injuries, including accidental death, to each person; and, GC-9 subject to the same limit for each person, in an amount not less than $1,000,000 on account for each accident; and in an amount not less than $1,000,000 on account for each accident for damage to property.

(2) The contractor shall procure and maintain during the life of this contract, Hired and Non-Ownership Motor Vehicle Bodily Injury and Property Damage Insurance in an amount not less than $1,000,000 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in an amount not less than $1,000,000 for each accident; and in an amount not less than $1,000,000 on account for each accident for damage to property.

27. Proof of Carriage of Insurance

The contractor shall provide the City, at the time this contract is returned by him for execution, the certificates listed below. A guarantee that thirty (30) days’ notice will be given to the City prior to cancellation of, or change in, any insurance coverage shall be endorsed on each certificate:

a. Four (4) copies of Certificate of Coverage of Contractor’s Worker’s Compensation

Insurance.

b. Four (4) copies of Certificate of Coverage of Contractor’s Public Liability and Property Damage Insurance.

c. Four (4) copies of Certificate of Coverage of Contractor’s Motor Vehicle Bodily Injury and Property Damage Insurance covering owned, hired, and non-owned vehicles.

d. Four (4) copies of Certificate of Coverage of Contractor’s Protective Public Liability and Property Damage Insurance.

28. Performance Bond

The contractor, within fifteen (15) days from the date of acceptance of his proposal, shall execute in favor of the City a surety bond form in an amount at least equal to 100% of the contract price, as security for the faithful performance of this contract. Should the contract price not exceed $50,000.00, the contractor may deposit with the City Clerk cash, a certified check or irrevocable bank letter of credit, or a surety bond, whichever the contractor selects, acceptable in form and content to the City Attorney, in the full amount of the contract.

29. Labor and Materials Bond

The contractor, within fifteen (15) days from the date of acceptance of his proposal, shall execute in favor of the City a surety bond form in an amount at least equal to 100% of the contract price, as security for the payment of all persons performing labor and furnishing materials in connection with this contract. Should the contract price not exceed $50,000.00, the contractor may deposit with the City Clerk cash, a certified check or irrevocable bank letter of credit, or a surety bond, whichever the contractor selects, acceptable in form and content to the City Attorney, in the full amount of the contract.

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30. Maintenance and Guarantee Bond

The contractor, as a condition precedent to final payment, shall execute in favor of the City, a Maintenance and Guarantee Bond in an amount at least equal to 100% of the contract price. The guarantee shall cover all work performed and materials furnished under this contract for a period of one (1) year subsequent to the date of the final payment.

31. Forfeiture of Contract

If the work to be done under the contract shall be abandoned by the contractor, or, if at any time in the judgment of the City, the contractor shall fail to perform the work at a reasonable rate of progress, or to comply with all or any of the terms and requirements herein set forth, then the City shall have the right to take possession of the work, including contractor’s plant, supplies, and materials, at any time after having notified the contractor in writing to discontinue the work under this contract for said cause or causes, and such action shall not affect the right of the City to recover damages resulting from such abandonment or failure to perform. Upon receiving such notice, the contractor shall, upon demand, immediately give the City safe and peaceable possession of the work, including the plant, and shall then cease to have control over any portion thereof or the workers employed thereon.

The City may then proceed to complete the work herein specified, by contract or otherwise, and the entire cost incurred shall be charged to the contractor and deducted from any sum or sums due or to become due under the contract; the excess cost, if any, shall be paid to the City by the contractor or his sureties.

32. Definition of Notice

Where the contract documents provide for the giving of any notice, it shall be deemed to have been given:

a. As to the City, when written notice shall have been delivered to the Director or the

City Clerk, or shall have been placed in the U. S. mail, addressed to the City Clerk at the place where the bids or proposals for the contract were opened;

b. As to the contractor, when written notice shall have been delivered to his chief representative then present at the site of the work, or shall have been placed in the U. S. mail, addressed to the contractor at his permanent place of business, as stated in the papers prepared by him to accompany his proposal; and

c. As to the surety on a Performance Bond or Labor and Materials Bond, when a written notice shall have been placed in the U. S. mail, addressed to the surety at his home office or to the agents who executed such Performance Bond or Labor and Materials Bond on the surety’s behalf.

33. Additional or Omitted Work – Payment

The City may authorize changes in, additions to, or deductions from the work to be performed or the materials to be furnished pursuant to the provisions of this contract.

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Adjustments, if any, in the amounts to be paid to the contractor by reason of any such change, addition or deduction, shall be determined by one or more of the following methods:

a. By unit prices contained in the contractor’s original bid and incorporated in the

b. By a supplemental schedule of prices contained in the contractor’s original bid and incorporated in the contract.

c. By an acceptable lump sum proposal from the contractor.

34. Deduction for Uncorrected Work

If the City deems it expedient to accept work which has been damaged or not done in accordance with the contract, an equitable adjustment will be made so as to deduct from the contract price the cost of repairing or properly performing such work.

35. Time Limit of Contract

The parties hereto distinctly understand and agree that the time specified for completion of the work is the essence of this contract, and that the contractor shall not be entitled to claim performance of this agreement unless the work is satisfactorily completed, in every respect, within the time herein specified.

36. Extension of Time

An extension of time may be granted by the City in the event of the work being delayed, beyond the prescribed time for completion, by carriers, the elements, general strikes, accidents or other causes not under the contractor’s reasonable control. Such an extension of time shall be deemed to be in full compensation for any loss or injury sustained by the contractor by reasons of delays caused as aforesaid, and the contract shall not thereby be invalidated in any respect.

37. Estimates and Payments

The City shall pay to the contractor amounts bid in the proposal, or as modified by subsequent agreement, less deduction for any unsatisfactory or incomplete work, based upon measurements by the Director or as otherwise herein stipulated, and such measurements shall be final and conclusive.

The contractor shall submit to the City an application for each payment and shall submit a Contractor’s Declaration stating that he has not performed any work, furnished any material, sustained any loss, damage or delay, for any reasons, including soil conditions encountered or created, or otherwise done anything for which he will ask, demand, sue for, or claim compensation from the City and, if required, shall submit receipts or other vouchers showing his payments for materials and labor, including payments to subcontractors.

Payments, based on progress estimates, will be made bi-weekly for ninety-five percent (5%) of the work completed, less any deductions or reservations which may be made in accordance with the terms of this contract, provided that the work is progressing

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satisfactorily, all orders of the Director have been complied with, and the time of completion shall not have expired. No allowance will be made for materials furnished which have not been incorporated in the completed work, unless otherwise stated in the contract documents.

The City may withhold payment of any progress estimate, or portion thereof, until the contractor shall have furnished satisfactory evidence that he has paid all claims of every nature.

No payment shall be considered as acceptance of work completed, or any portion thereof, prior to completion of all work required by this contract and payment of the final estimate.

Within thirty (30) days after completion of all work required by this contract to the satisfaction of the City and the Director, in accordance with all and singular terms and stipulations herein contained, the City shall make final payment based upon a final estimate made by the Director. Before such payment is made, the contractor shall, as directed by the City, execute a Contractor’s Affidavit that he has paid all claims of every nature, or secured a release from the surety or sureties approving payment. The final payment shall be considered as full approval and acceptance of the completed work herein specified.

Acceptance by the contractor of the final payment aforesaid shall operate as, and shall be, a release of the City and its agents, from all claims by and liability to the contractor for anything done, furnished for, or relating to the work, as well as any act or neglect of the City or of any person relating to or affecting the work.

38. Fair Employment Practices Act

a. The contractor agrees that neither he nor his subcontractors will discriminate against any employee or applicant for employment, to be employed in the performance of this contract, with respect to his hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of his race, color, religion, national origin or ancestry.

b. The contractor agrees that neither he nor his subcontractors will discriminate against any employee or applicant for employment to be employed in the performance of this contract, with respect to his hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of his age or sex, except where based on a bona fide occupational qualification.

c. Breach of the covenants contained in either of the foregoing paragraphs may be regarded as material breach of this contract and may result in its cancellation, termination or suspension in whole or in part and in the contractor being declared ineligible to contract in the future with the City of Livonia.

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CONTRACTOR’S DECLARATION

I hereby declare that I have not, during the period to A.D. 20 , performed any work, furnished any material, sustained any loss, damage or delay for any reason, including soil condi-tions encountered or created, or otherwise done anything for which I shall ask, demand, sue for, or claim compensation from the City of Livonia, as Owner, or its agents, in addi-tion to the regular items set forth in the contract numbered , and dated

, A.D. 20 , for executed between myself and the City of Livonia, and in the Change Orders for work issued by the City of Livonia in writing as provided thereunder, except as I hereby make claim for additional compensation and/or extension of time, as set forth on the itemized statement attached hereto.

There is/is not an itemized statement attached.

The Contractor further certifies that all his indebtedness for labor and materials incorporated in the work covered by this estimate has been fully paid and/or satisfactory arrangements with materials suppliers have been made.

Contractor

By

Title

Date

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CONTRACT

THIS CONTRACT, entered into this th day of

A.D. 2019 between the

CITY OF LIVONIA, hereinafter referred to as the Owner, party of the first part, and hereinafter referred to as the Contractor, party of the second part.

WITNESSETH, that the said Contractor, for the consideration mentioned in the various items set forth below, by these presents does agree that he will furnish all labor, materials, machinery, tools and equipment and do all things necessary for and incidental to the purchase and installation of Two (2) 20 ton roof top units together with appurtenances thereto, as set forth in certain Instructions to Bidders, Proposal, General Conditions, Specifications,…