​2024 On-Call Sewer System Services

PUBLIC IMPROVEMENT REQUEST FOR PROPOSAL RFP# 24-27 2024 ON-CALL SEWER SYSTEM SERVICES City of Ann Arbor Public Services Area / Public Works Unit Due Date: April 23, 2024 by 3:00 p.m. (local time) Issued By: City of Ann Arbor Procurement Unit 301 E. Huron Street Ann Arbor, MI 48104 2 TABLE OF CONTENTS SECTION I: GENERAL INFORMATION ..................................................................... ...3 SECTION II: SCOPE OF WORK .................................................................................. 11 SECTION III: MINIMUM INFORMATION REQUIRED ................................................. 15 SECTION IV: ATTACHMENTS .................................................................................... 22 3 SECTION I - GENERAL INFORMATION A. OBJECTIVE The purpose of this Request for Proposal (RFP) is to select a firm or firms to provide as-needed and emergency services for the maintenance, repair, and improvement of existing sanitary and storm sewer infrastructure within

the City of Ann Arbor. Specific services to be performed by the Contractor include, but are not limited to, video inspection of sewers, cleaning of sewers, full length and spot repair cured-in-place pipe rehabilitation, manhole rehabilitation, and sanitary sewer joint testing and grouting. It is anticipated that there will be approximately $600,000 of work for each year of the contract ($400,000 of sanitary work and $200,000 of storm work). Actual amounts will be dependent on service needs and funding availability. B. BID SECURITY Each bid must be accompanied by a certified check or Bid Bond by a surety licensed and authorized to do business within the State of Michigan, in the amount of 5% of the total of the bid price. Proposals that fail to provide a bid security upon proposal opening will be deemed non-responsive and will not be considered for award. C. QUESTIONS AND CLARIFICATIONS / DESIGNATED CITY CONTACTS All questions regarding this Request for Proposal (RFP) shall be submitted via e-mail. Questions will be accepted and answered in accordance with the terms and conditions of this RFP. All questions shall be submitted on or before April 9, 2024 at 5:00 p.m. (local time), and should be addressed as follows: Scope of Work/Proposal Content questions shall be e-mailed to Kyle Pettibone, Public Works Engineer – kpettibone@a2gov.org RFP Process and Compliance questions shall be e-mailed to Colin Spencer, Buyer - CSpencer@a2gov.org Should any prospective bidder be in doubt as to the true meaning of any portion of this RFP, or should the prospective bidder find any ambiguity, inconsistency, or omission therein, the prospective bidder shall make a written request for an official interpretation or correction by the due date for questions above. All interpretations, corrections, or additions to this RFP will be made only as an official addendum that will be posted to a2gov.org and MITN.info and it shall be the prospective bidder’s responsibility to ensure they have received all addenda before 4 submitting a proposal. Any addendum issued by the City shall become part of the RFP and must be incorporated in the proposal where applicable. D. PRE-PROPOSAL MEETING A pre-proposal conference for this project will be held on Friday, April 5th at 1:00pm at the City of Ann Arbor W.R. Wheeler Service Center (4251 Stone School Rd, Ann Arbor, MI 48108). Attendance at this conference is highly recommended. Administrative and technical questions regarding this project will be answered at this time. The pre-proposal conference is for information only. Any answers furnished will not be official until verified in writing by the Financial Service Area, Procurement Unit. Answers that change or substantially clarify the proposal will be affirmed in an addendum. E. PROPOSAL FORMAT To be considered, each firm must submit a response to this RFP using the format provided in Section III. No other distribution of proposals is to be made by the prospective bidder. An official authorized to bind the bidder to its provisions must sign the proposal. Each proposal must remain valid for at least one hundred and twenty (120) days from the due date of this RFP. Proposals should be prepared simply and economically providing a straightforward, concise description of the bidder’s ability to meet the requirements of the RFP. No erasures are permitted. Mistakes may be crossed out and corrected and must be initialed in ink by the person signing the proposal. Maximum proposal length shall be 100 pages. F. SELECTION CRITERIA Responses to this RFP will be evaluated using a point system as shown in Section III. A selection committee comprised primarily of staff from the City will complete the evaluation. If interviews are desired by the City, the selected firms will be given the opportunity to discuss their proposal, qualifications, past experience, and their fee proposal in more detail. The City further reserves the right to interview the key personnel assigned by the selected bidder to this project. All proposals submitted may be subject to clarifications and further negotiation. All agreements resulting from negotiations that differ from what is represented within the RFP or in the proposal response shall be documented and included as part of the final contract. 5 G. SEALED PROPOSAL SUBMISSION All proposals are due and must be delivered to the City on or April 23, 2024 by 3:00 p.m. (local time). Proposals submitted late or via oral, telephonic, telegraphic, electronic mail or facsimile will not be considered or accepted. Each respondent should submit in a sealed envelope  one (1) original proposal  two (2) additional proposal copy  one (1) digital copy of the proposal preferably on a USB/flash drive as one file in PDF format Proposals submitted should be clearly marked: “RFP No. 24-27 – 2024 ON-CALL SEWER SYSTEM SERVICES” and list the bidder’s name and address. Proposals must be addressed and delivered to: City of Ann Arbor c/o Customer Service 301 East Huron Street Ann Arbor, MI 48107 All proposals received on or before the due date will be publicly opened and recorded on the due date. No immediate decisions will be rendered. Hand delivered proposals may be dropped off in the Purchasing drop box located in the Ann Street (north) vestibule/entrance of City Hall which is open to the public Monday through Friday from 8am to 5pm (except holidays). The City will not be liable to any prospective bidder for any unforeseen circumstances, delivery, or postal delays. Postmarking on the due date will not substitute for receipt of the proposal. Bidders are responsible for submission of their proposal. Additional time will not be granted to a single prospective bidder. However, additional time may be granted to all prospective bidders at the discretion of the City. A proposal may be disqualified if the following required forms are not included with the proposal:  Attachment B – General Conditions  Attachment D - Prevailing Wage Declaration of Compliance  Attachment E - Living Wage Declaration of Compliance  Attachment G - Vendor Conflict of Interest Disclosure Form  Attachment H - Non-Discrimination Declaration of Compliance Proposals that fail to provide these forms listed above upon proposal opening may be deemed non-responsive and may not be considered for award. 6 H. DISCLOSURES Under the Freedom of Information Act (Public Act 442), the City is obligated to permit review of its files, if requested by others. All information in a proposal is subject to disclosure under this provision. This act also provides for a complete disclosure of contracts and attachments thereto. I. TYPE OF CONTRACT A sample of the Construction Agreement is included as Attachment A. Those who wish to submit a proposal to the City are required to review this sample agreement carefully. The City will not entertain changes to its Construction Agreement. For all construction work, the respondent must further adhere to the City of Ann Arbor General Conditions. The General Conditions are included herein. Retainage will be held as necessary based on individual tasks and not on the total contract value. The Contractor shall provide the required bonds included in the Contract Documents for the duration of the Contract. The City reserves the right to award the total proposal, to reject any or all proposals in whole or in part, and to waive any informality or technical defects if, in the City’s sole judgment, the best interests of the City will be so served. This RFP and the selected bidder’s response thereto, shall constitute the basis of the scope of services in the contract by reference. J. NONDISCRIMINATION All bidders proposing to do business with the City shall satisfy the contract compliance administrative policy adopted by the City Administrator in accordance with the Section 9:158 of the Ann Arbor City Code. Breach of the obligation not to discriminate as outlined in Attachment G shall be a material breach of the contract. Contractors are required to post a copy of Ann Arbor’s Non-Discrimination Ordinance attached at all work locations where its employees provide services under a contract with the City. K. WAGE REQUIREMENTS The Attachments provided herein outline the requirements for payment of prevailing wages or of a “living wage” to employees providing service to the City under this contract. The successful bidder must comply with all applicable requirements and provide documentary proof of compliance when requested. Pursuant to Resolution R-16-469 all public improvement contractors are subject to prevailing wage and will be required to provide to the City payroll records sufficient to demonstrate compliance with the prevailing wage requirements. Use of Michigan 7 Department of Transportation Prevailing Wage Forms (sample attached hereto) or a City-approved equivalent will be required along with wage rate interviews. For laborers whose wage level are subject to federal, state and/or local prevailing wage law the appropriate Davis-Bacon wage rate classification is identified based upon the work including within this contract. The wage determination(s) current on the date 10 days before proposals are due shall apply to this contract. The U.S. Department of Labor (DOL) has provided explanations to assist with classification in the following resource link: www.wdol.gov. For the purposes of this RFP the Construction Type of Heavy will apply. L. CONFLICT OF INTEREST DISCLOSURE The City of Ann Arbor Purchasing Policy requires that the consultant complete a Conflict of Interest Disclosure form. A contract may not be awarded to the selected bidder unless and until the Procurement Unit and the City Administrator have reviewed the Disclosure form and determined that no conflict exists under applicable federal, state, or local law or administrative regulation. Not every relationship or situation disclosed on the Disclosure Form may be a disqualifying conflict. Depending on applicable law and regulations, some contracts may awarded on the recommendation of the City Administrator after full disclosure, where such action is allowed by law, if demonstrated competitive pricing exists and/or it is determined the award is in the best interest of the City. A copy of the Conflict of Interest Disclosure Form is attached. M. COST LIABILITY The City of Ann Arbor assumes no responsibility or liability for costs incurred by the bidder prior to the execution of an Agreement. The liability of the City is limited to the terms and conditions outlined in the Agreement. By submitting a proposal, bidder agrees to bear all costs incurred or related to the preparation, submission, and selection process for the proposal. N. DEBARMENT Submission of a proposal in response to this RFP is certification that the Respondent is not currently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from participation in this transaction by any State or Federal departments or agency. Submission is also agreement that the City will be notified of any changes in this status. 8 O. PROPOSAL PROTEST All proposal protests must be in writing and filed with the Purchasing Manager within five (5) business days of any notices of intent, including, but not exclusively, divisions on prequalification of bidders, shortlisting of bidders, or a notice of intent to award. Only bidders who responded to the solicitation may file a bid protest. The bidder must clearly state the reasons for the protest. If any bidder contacts a City Service Area/Unit and indicates a desire to protest an award, the Service Area/Unit shall refer the bidder to the Purchasing Manager. The Purchasing Manager will provide the bidder with the appropriate instructions for filing the protest. The protest shall be reviewed by the City Administrator or designee, whose decision shall be final. Any inquiries or requests regarding this procurement should be only submitted in writing to the Designated City Contacts provided herein. Attempts by the bidder to initiate contact with anyone other than the Designated City Contacts provided herein that the bidder believes can influence the procurement decision, e.g., Elected Officials, City Administrator, Selection Committee Members, Appointed Committee Members, etc., may lead to immediate elimination from further consideration. P. SCHEDULE The following is the schedule for this RFP process. Activity/Event Anticipated Date Pre-Proposal Conference April 5, 2024, 1:00 p.m. (Local Time) Written Question Deadline April 9, 2024, 5:00 p.m. (Local Time) Addenda Published (if needed) On or before April 12, 2024 Proposal Due Date April 23, 2024, 3:00 p.m. (Local Time) Selection/Negotiations April/May 2024 Expected City Council Authorizations June 2024 The above schedule is for information purposes only and is subject to change at the City’s discretion. Q. IRS FORM W-9 The selected bidder will be required to provide the City of Ann Arbor an IRS form W- 9. R. RESERVATION OF RIGHTS 1. The City reserves the right in its sole and absolute discretion to accept or reject any or all proposals, or alternative proposals, in whole or in part, with or without cause. 9 2. The City reserves the right to waive, or not waive, informalities or irregularities in terms or conditions of any proposal if determined by the City to be in its best interest. 3. The City reserves the right to request additional information from any or all bidders. 4. The City reserves the right to reject any proposal that it determines to be unresponsive and deficient in any of the information requested within RFP. 5. The City reserves the right to determine whether the scope of the project will be entirely as described in the RFP, a portion of the scope, or a revised scope be implemented. 6. The City reserves the right to select one or more contractors or service providers to perform services. 7. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this RFP, unless clearly and specifically noted in the proposal submitted. 8. The City reserves the right to disqualify proposals that fail to respond to any requirements outlined in the RFP, or failure to enclose copies of the required documents outlined within the RFP. S. IDLEFREE ORDINANCE The City of Ann Arbor adopted an idling reduction Ordinance that went into effect July 1, 2017. The full text of the ordinance (including exemptions) can be found at: www.a2gov.org/idlefree. Under the ordinance, No Operator of a Commercial Vehicle shall cause or permit the Commercial Vehicle to Idle: (a) For any period of time while the Commercial Vehicle is unoccupied; or (b) For more than 5 minutes in any 60-minute period while the Commercial Vehicle is occupied. In addition, generators and other internal combustion engines are covered (1) Excluding Motor Vehicle engines, no internal combustion engine shall be operated except when it is providing power or electrical energy to equipment or a tool that is actively in use. T. ENVIRONMENTAL COMMITMENT The City of Ann Arbor recognizes its responsibility to minimize negative impacts on human health and the environment while supporting a vibrant community and economy. The City further recognizes that the products and services the City buys have inherent environmental and economic impacts and that the City should make procurement decisions that embody, promote, and encourage the City’s commitment to the environment. 10 The City encourages potential vendors to bring forward emerging and progressive products and services that are best suited to the City’s environmental principles. U. MAJOR SUBCONTRACTORS The Bidder shall identify each major subcontractor it expects to engage for this Contract if the work to be subcontracted is 15% or more of the bid sum or over $50,000, whichever is less. The Bidder also shall identify the work to be subcontracted to each major subcontractor. The Bidder shall not change or replace a subcontractor without approval by the City. N. LIQUIDATED DAMAGES A liquidated damages clause, as given on page C-2, Article III of the Contract, provides that the Contractor shall pay the City as liquidated damages, and not as a penalty, a sum certain per day for each and every day that the Contractor may be in default of completion of the specified work, within the time(s) stated in the Contract, or written extensions. Liquidated damages clauses, as given in the General Conditions, provide further that the City shall be entitled to impose and recover liquidated damages for breach of the obligations under Chapter 112 of the City Code. The liquidated damages are for the non-quantifiable aspects of any of the previously identified events and do not cover actual damages that can be shown or quantified nor are they intended to preclude recovery of actual damages in addition to the recovery of liquidated damages. 11 SECTION II - SCOPE OF WORK A. Objective The City of Ann Arbor, Michigan maintains approximately 370 miles of sanitary sewer and 293 miles of storm sewer. To effectively maintain this infrastructure and respond to emergency sewer issues, the City is requesting proposals from qualified contractors to provide sewer cleaning, inspection, and rehabilitation services as required by the City’s Department of Public Works Unit on an as-needed basis. The scope of services will consist of individual tasks to be determined and assigned during the contract period. Examples of potential type of work may include, but is not limited to the following:  Cleaning of sewers ranging in size from 8 to 42 inches in diameter. This work includes flushing, debris removal, grease removal, root cutting, deposit cutting, and grinding protruding break-in service connections.  Internal video inspection of sewers via Closed Circuit Television (CCTV) of sewers ranging from 8 to 42 inches in diameter. The inspections shall include providing the City with digital videos, images, and reports that include condition and other descriptive data related to the sewer in accordance with NASSCO’s Pipeline Assessment Certification Program.  Manhole video inspection in accordance with NASSCO’s Manhole Assessment Certification Program Level 2 using 360-degree scanning technology. Full length manhole to manhole Cured-in-Place Pipe (CIPP) rehabilitation of sewers ranging in size from 8 to 42 inches in diameter.  Spot repair CIPP rehabilitation of sewers ranging in size from 8 to 30 inches in diameter.  Spray lining large diameter pipes and culverts.  Manhole rehabilitation including the application of a cementitious or calcium aluminate manhole lining system, sealing active leaks, and bench/channel reconstruction.  Sewer joint and lateral connection testing and packer injection grouting to locate and seal joints and connections that are not watertight. Maintenance of traffic services, including developing plans for traffic control as needed, reviewing with City Staff for Right-of-Way permits and advance lane closure notifications and obeying all City restrictions and requirements for the given location.  Bypass pumping for the above listed work or as-needed for other situations. 12 The City may award up to two (2) construction contracts. The term of the contracts will be 2 years from the Notice to Proceed with an optional extension for up to one (1) additional year. It shall be understood that the submitted hourly rates are to be honored over the term of the contract. If the contract is extended, a onetime cost escalator of no greater than 3% may be added to the submitted rates. A written request from the Contractor at the end original contract period from will be required to consider any rate adjustments. There will be no minimum value of services committed by the City for each awarded service contract. The total available budget for the term of the contract is approximately $600,000 annually and will be divided amongst the selected firms in the City’s best interest. The contract amounts are subject to the availability of funds and approval of annual budgets. B. Contract Implementation As non-emergency sewer maintenance and rehabilitation projects develop within the Public Works Unit, the City will prepare a scope of work on each project, including a proposed schedule. The selected on-call contractor(s) shall provide the City with a price proposal to complete the project work including:  Total costs for self-performed work with a breakdown of the total labor cost.  Material costs, if provided by the Contractor.  Subcontractor names and costs with allotted mark-up percentages.  Schedule or date by which the work can be completed.  Names and contact information of assigned Foreman or Superintendent. For emergency work, or work with an indeterminate scope, the Contractor shall provide written confirmation of anticipated labor, material, and equipment necessary to perform the work. Final costs shall be paid on a time and materials basis using the rates and information provided in the Fee Proposal Form. The City will assign specific tasks to a Contractor based on availability, turnaround time for completion of tasks, experience and other factors relevant to the task. The City does not guarantee either a minimum volume of work or a specific volume of work under this Contract. The Contractor will be contractually obligated to use the fees included in their proposal to generate costs for individual tasks solicited by the City under this Contract. Proposals shall be structured with hourly or weekly estimates of equipment usage and labor (whichever is appropriate for the duration of the task) and a list of materials and associated pricing. The Contractor shall be entitled no greater than a 5% markup on subcontractor costs. The Contractor shall be entitled no greater than a 15% markup on material and equipment rental costs. Back-up documentation for material and equipment rental costs shall be provided with all proposals and submitted invoices. The City may decide to complete any task on a Time and Materials basis using the fee schedule 13 included as part of the Contractor’s proposal. The desired response time for emergency tasks is 48 to 72 hours including equipment mobilization. The respondent should identify the typical anticipated emergency response time and if there are any stipulations or constraints in responding to emergency tasks. C. Scope of Work A typical project performed under the proposed contract will involve the following process: 1. City will contact Contractor and indicate work as emergency or non-emergency work and agree to engage in work. 2. Visit the project site with City staff and identify a preliminary scope of construction. Confirm work that is out of scope and not covered by the unit prices. 3. Review any drawings, specifications, reports, etc. provided by City staff on the proposed project. 4. Develop and agree on a final scope of construction. Submit letter proposal for out-of-scope work not covered by the unit prices to City staff for review and approval. 5. Provide schedule and quote for labor, material and equipment. Submit to City staff for review and approval. 6. Obtain written approval from the City for implementation of the task. 7. Apply for and obtain all necessary permits. Cost of City-issued permits to be covered by the City, all other permits are to be obtained at the Contactor’s expense. 8. Perform all work necessary. 9. City staff will review all work prior to final sign off. Contractor to address all identified deficiencies in the work. 10. Contractor to provide final documentation for all time and materials. City will release any retainage held on the individual task. 14 D. Requirements 1. Ability to work effectively with the City’s Public Works Unit staff with respect to any of the construction services required by the City. 2. Ability to work effectively with other City units and regulatory agencies. 3. The ability to function in a support role to the Public Works Unit. The contractor’s services will be utilized for activities that exceed the staffing level or expertise of the Public Works Unit. 4. The ability to respond to emergency service requests by City Public Works staff within 72 hours. 5. The ability to respond to non-emergency service requests by City Public Works staff within 45 days unless written approval is obtained from the Owner. 6. The ability to complete work at any given site continuously without unwarranted delays until the work is completed. Includes immediate restoration of drivable surfaces. 7. The ability to work effectively with the City’s Engineering staff with respect to furnishing and managing temporary traffic control operations as required by the City. 8. It is the responsibility of the Contractor to provide an up-to-date list of names and contact numbers of on-call personnel. The City will contact the Contractor by phone as emergencies occur and will provide as much information as available about the emergency work assignment, including the location(s), type of work and sit condition(s). E. Standard Specifications All work performed under this Contract shall be performed in accordance with the Public Services Department Standard Specifications in effect at the date of availability of the contract documents stipulated in the Advertisement. All work under this Contract which is not included in these Standard Specifications, or which is performed using modifications to these Standard Specifications, shall be performed in accordance with the Detailed Specifications provided during the implementation of individual tasks under this Contract. Copies of the Standard Specifications can be downloaded from the following web link. https://www.a2gov.org/departments/engineering/Pages/Engineering-and-Contractor- Resources.aspx 15 SECTION III - MINIMUM INFORMATION REQUIRED PROPOSAL FORMAT The following describes the elements that should be included in each of the proposal sections and the weighted point system that will be used for evaluation of the proposals. Bidders should organize Proposals into the following Sections: A. Qualifications, Experience and Accountability B. Workplace Safety C. Workforce Development D. Social Equity and Sustainability E. Schedule of Pricing/Cost F. Authorized Negotiator G. Attachments Bidders are strongly encouraged to provided details for all of the information requested below within initial proposals. Backup documentation may be requested at the sole discretion of the City to validate all of the responses provided herein by bidders. False statements by bidders to any of the criteria provided herein will result in the proposal being considered non-responsive and will not be considered for award. Pursuant to Sec 1:325 of the City Code which sets forth requirements for evaluating public improvement bids, Bidders should submit the following: A. Qualifications, Experience and Accountability - 20 Points 1. Qualifications and experience of the bidder and of key persons, management, and supervisory personnel to be assigned by the bidder. 2. References from individuals or entities the bidder has worked for within the last five (5) years including information regarding records of performance and job site cooperation. 3. Evidence of any quality control program used by the bidder and the results of any such program on the bidder's previous projects. 4. A statement from the bidder as to any major subcontractors it expects to engage including the name, work, and amount. 16 B. Workplace Safety – 20 Points 1. Provide a copy of the bidder’s safety program, and evidence of a safety-training program for employees addressing potential hazards of the proposed job site. Bidder must identify a designated qualified safety representative responsible for bidder’s safety program who serves as a contact for safety related matters. 2. Provide the bidder’s Experience Modification Rating (“EMR”) for the last three consecutive years. Preference within this criterion will be given to an EMR of 1.0 or less based on a three-year average. 3. Evidence that all craft labor that will be employed by the bidder for the project has, or will have prior to project commencement, completed at least an authorized 10-hour OSHA Construction Safety Course. 4. For the last three years provide a copy of any documented violations and the bidder’s corrective actions as a result of inspections conducted by the Michigan Occupational Safety & Health Administration (MIOSHA), U.S. Department of Labor – Occupational Safety and Health Administration (OSHA), or any other applicable safety agency. C. Workforce Development – 20 Points 1. Documentation as to bidder’s pay rates, health insurance, pension or other retirement benefits, paid leave, or other fringe benefits to its employees. 2.. Documentation that the bidder participates in a Registered Apprenticeship Program that is registered with the United States Department of Labor Office of Apprenticeship or by a State Apprenticeship Agency recognized by the USDOL Office of Apprenticeship. USDOL apprenticeship agreements shall be disclosed to the City in the solicitation response. 3. Bidders shall disclose the number of non-craft employees who will work on the project on a 1099 basis, and the bidders shall be awarded points based on their relative reliance on 1099 work arrangements with more points assigned to companies with fewer 1099 arrangements. Bidders will acknowledge that the City may ask them to produce payroll records at points during the project to verify compliance with this section. D. Social Equity and Sustainability – 20 Points 1. A statement from the bidder as to what percentage of its workforce resides in the City of Ann Arbor and in Washtenaw County, Michigan. The City will consider in 17 evaluating which bids best serve its interests, the extent to which responsible and qualified bidders employ individuals in either the city of the county. Washtenaw County jurisdiction is prioritized for evaluation purposes for this solicitation. 2. Evidence of Equal Employment Opportunity Programs for minorities, women, veterans, returning citizens, and small businesses. 3. Evidence that the bidder is an equal opportunity employer and does not discriminate on the basis of race, sex, pregnancy, age, religion, national origin, marital status, sexual orientation, gender identity or expression, height, weight, or disability. 4. The bidder’s proposed use of sustainable products, technologies, or practices for the project, which reduce the impact on human health and the environment, including raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, and waste management. 5. The bidder’s environmental record, including findings of violations and penalties imposed by government agencies. 18 E. Schedule of Pricing/Cost – 20 Points City of Ann Arbor – RFP #24-27 2024 On-Call Sewer System Services Company: Bid Item Description Unit Unit Price Section 1 - Sewer Cleaning and Inspection OB Sewer Cleaning, 8" to 23" Dia. LF $ OB Sewer Cleaning, 24" to 60" Dia. LF $ OB Sewer Video Inspection, 8" to 23" Dia. LF $ OB Sewer Video Inspection, 24" to 60" Dia. LF $ 20-21 Cutting Protruding Service Leads EA $ TT Manhole MACP Level 2 Inspection EA $ OB Sewer Flow Control, 1,000 GPM DAY $ OB Sewer Flow Control, 2,000 GPM DAY $ OB Sewer Flow Control, 4,000 GPM DAY $ Section 2 - Styrene-Free Cured-in-Place Pipe Lining, Manhole to Manhole OB Styrene-Free CIPP Sewer Lining, 8" Dia. LF $ OB Styrene-Free CIPP Sewer Lining, 10" Dia. LF $ OB Styrene-Free CIPP Sewer Lining, 12" Dia. LF $ OB Styrene-Free CIPP Sewer Lining, 15" Dia. LF $ OB Styrene-Free CIPP Sewer Lining, 18" Dia. LF $ OB Styrene-Free CIPP Sewer Lining, 21" Dia. LF $ OB Styrene-Free CIPP Sewer Lining, 24" Dia. LF $ OB Styrene-Free CIPP Sewer Lining, 30" Dia. LF $ OB Styrene-Free CIPP Sewer Lining, 36" Dia. LF $ Section 3 - Cured-in-Place Pipe Spot Repair, Up to 10' in Length JT CIPP Spot Repair, 8" Dia. EA $ JT CIPP Spot Repair, 10" Dia. EA $ JT CIPP Spot Repair, 12" Dia. EA $ JT CIPP Spot Repair, 15" Dia. EA $ JT CIPP Spot Repair, 18" Dia. EA $ JT CIPP Spot Repair, 21" Dia. EA $ JT CIPP Lateral Liner, up to 18” in Length EA $ 19 Section 4 - Manhole Rehabilitation OBIC Multi-Layer Polyurea Manhole Liner VF $ OB Epoxy Manhole Liner VF $ OB Internal Chimney Seal VF $ OB External Chimney Seal VF $ OB Reconstruct Bench/Flow Channel EA $ Section 5 - Joint and Manhole Grouting NASSCO Packer Injection Joint Grouting, 8" to 36" EA $ OB Manhole Chemical Grouting GAL $ Section 6 – Traffic Control OB Minor Traffic Control DAY $ OB Major Traffic Control DAY $ Section 7 – Mobilization NRCS Mobilization, Non-Emergency EA $ NRCS Mobilization, Emergency EA $ 20 F. AUTHORIZED NEGOTIATOR / NEGOTIATIBLE ELEMENTS (ALTERNATES) Include the name, phone number, and e-mail address of persons(s) in your organization authorized to negotiate the agreement with the City. The proposal price shall include materials and equipment selected from the designated items and manufacturers listed in the bidding documents. This is done to establish uniformity in bidding and to establish standards of quality for the items named. If the bidder wishes to quote alternate items for consideration by the City, it may do so under this Section. A complete description of the item and the proposed price differential must be provided. Unless approved at the time of award, substitutions where items are specifically named will be considered only as a negotiated change in Contract Sum. If the Bidder takes exception to the time stipulated in Article III of the Contract, Time of Completion, page C-2, it is requested to stipulate its proposed time for performance of the work. Consideration for any proposed alternative items or time may be negotiated at the discretion of the City. G. ATTACHMENTS General Declaration, Legal Status of Bidder, Conflict of Interest Form, Living Wage Compliance Form, Prevailing Wage Compliance Form and the Non-Discrimination Form should be completed and returned with the proposal. These elements should be included as attachments to the proposal submission. PROPOSAL EVALUATION 1. The selection committee will evaluate each proposal by the above-described criteria and point system. The City reserves the right to reject any proposal that it determines to be unresponsive and deficient in any of the information requested for evaluation. A proposal with all the requested information does not guarantee the proposing firm to be a candidate for an interview if interviews are selected to be held by the City. The committee may contact references to verify material submitted by the bidder. 2. The committee then will schedule interviews with the selected firms if necessary. The selected firms will be given the opportunity to discuss in more detail their qualifications, past experience, proposed work plan (if applicable) and pricing. 3. The interview should include the project team members expected to work on the project, but no more than six members total. The interview shall consist of a presentation of up to thirty minutes (or the length provided by the committee) by the 21 bidder, including the person who will be the project manager on this contract, followed by approximately thirty minutes of questions and answers. Audiovisual aids may be used during the oral interviews. The committee may record the oral interviews. 4. The firms interviewed will then be re-evaluated by the above criteria and adjustments to scoring will be made as appropriate. After evaluation of the proposals, further negotiation with the selected firm may be pursued leading to the award of a contract by City Council, if suitable proposals are received. The City reserves the right to waive the interview process and evaluate the bidder based on their proposal and pricing schedules alone. The City will determine whether the final scope of the project to be negotiated will be entirely as described in this RFP, a portion of the scope, or a revised scope. Work to be done under this contract is generally described through the detailed specifications and must be completed fully in accordance with the contract documents. Any proposal that does not conform fully to these instructions may be rejected. PREPARATION OF PROPOSALS Proposals should have no plastic bindings but will not be rejected as non-responsive for being bound. Staples or binder clips are acceptable. Proposals should be printed double sided on recycled paper. Each person signing the proposal certifies that they are a person in the bidder’s firm/organization responsible for the decisions regarding the fees being offered in the Proposal and has not and will not participate in any action contrary to the terms of this provision. ADDENDA If it becomes necessary to revise any part of the RFP, notice of the addendum will be posted to Michigan Inter-governmental Trade Network (MITN) www.mitn.info and/or the City of Ann Arbor web site www.A2gov.org for all parties to download. Each bidder should acknowledge in its proposal all addenda it has received on the General Declarations form provided in the Attachments section herein. The failure of a bidder to receive or acknowledge receipt of any addenda shall not relieve the bidder of the responsibility for complying with the terms thereof. The City will not be bound by oral responses to inquiries or written responses other than official written addenda. 22 SECTION IV - ATTACHMENTS Attachment A – Sample Standard Contract Attachment B – General Declarations Attachment C - Legal Status of Bidder Attachment D – Prevailing Wage Declaration of Compliance Form Attachment E – Living Wage Declaration of Compliance Form Attachment F – Living Wage Ordinance Poster Attachment G – Vendor Conflict of Interest Disclosure Form Attachment H – Non-Discrimination Ordinance Declaration of Compliance Form Attachment I – Non-Discrimination Ordinance Poster Sample Certified Payroll Report Template C-1 ATTACHMENT A SAMPLE STANDARD CONTRACT If a contract is awarded, the selected contractor will be required to adhere to a set of general contract provisions which will become a part of any formal agreement. These provisions are general principles which apply to all contractors of service to the City of Ann Arbor such as the following: Administrative Use Only Contract Date: ___________ CONTRACT THIS CONTRACT is between the CITY OF ANN ARBOR, a Michigan Municipal Corporation, 301 East Huron Street, Ann Arbor, Michigan 48104 (“City”) and (“Contractor”) (An individual/partnership/corporation, include state of incorporation) (Address) Based upon the mutual promises below, the Contractor and the City agree as follows: ARTICLE I - Scope of Work The Contractor agrees to furnish all of the materials, equipment and labor necessary; and to abide by all the duties and responsibilities applicable to it for the project titled [Insert Title of Bid and Bid Number] in accordance with the requirements and provisions of the following documents, including all written modifications incorporated into any of the documents, all of which are incorporated as part of this Contract: Non-discrimination and Living Wage Declaration of Compliance Forms (if applicable) Vendor Conflict of Interest Form Prevailing Wage Declaration of Compliance Form (if applicable) Bid Forms Contract and Exhibits Bonds General Conditions Standard Specifications Detailed Specifications Plans Addenda ARTICLE II - Definitions Administering Service Area/Unit means Public Services Area/Public Works Project means [Insert Title of Bid and Bid Number] Supervising Professional means the person acting under the authorization of the manager of the Administering Service Area/Unit. At the time this Contract is executed, the Supervising Professional is: [Insert the person’s name] whose job title is [Insert job C-2 title]. If there is any question concerning who the Supervising Professional is, Contractor shall confirm with the manager of the Administering Service Area/Unit. Contractor’s Representative means ___________________ [Insert name] whose job title is [Insert job title]. ARTICLE III - Time of Completion (A) The work to be completed under this Contract shall begin immediately on the date specified in the Notice to Proceed issued by the City. (B) The entire work for this Contract shall be completed within ________ ( ) consecutive calendar days. (C) Failure to complete all the work within the time specified above, including any extension granted in writing by the Supervising Professional, shall obligate the Contractor to pay the City, as liquidated damages and not as a penalty, an amount equal to $______ for each calendar day of delay in the completion of all the work. If any liquidated damages are unpaid by the Contractor, the City shall be entitled to deduct these unpaid liquidated damages from the monies due the Contractor. The liquidated damages are for the non-quantifiable aspects of any of the previously identified events and do not cover actual damages that can be shown or quantified nor are they intended to preclude recovery of actual damages in addition to the recovery of liquidated damages. ARTICLE IV - The Contract Sum Choose one only. (A) The City shall pay to the Contractor for the performance of the Contract, the lump sum price as given in the Bid Form in the amount of: Dollars ($ ) Or (A) The City shall pay to the Contractor for the performance of the Contract, the unit prices as given in the Bid Form for the estimated bid total of: Dollars ($ ) (B) The amount paid shall be equitably adjusted to cover changes in the work ordered by the Supervising Professional but not required by the Contract Documents. Increases or decreases shall be determined only by written agreement between the City and Contractor. C-3 ARTICLE V - Assignment This Contract may not be assigned or subcontracted any portion of any right or obligation under this contract without the written consent of the City. Notwithstanding any consent by the City to any assignment, Contractor shall at all times remain bound to all warranties, certifications, indemnifications, promises and performances, however described, as are required of it under this contract unless specifically released from the requirement, in writing, by the City. ARTICLE VI - Choice of Law This Contract shall be construed, governed, and enforced in accordance with the laws of the State of Michigan. By executing this Contract, the Contractor and the City agree to venue in a court of appropriate jurisdiction sitting within Washtenaw County for purposes of any action arising under this Contract. The parties stipulate that the venue referenced in this Contract is for convenience and waive any claim of non-convenience. Whenever possible, each provision of the Contract will be interpreted in a manner as to be effective and valid under applicable law. The prohibition or invalidity, under applicable law, of any provision will not invalidate the remainder of the Contract. ARTICLE VII - Relationship of the Parties The parties of the Contract agree that it is not a Contract of employment but is a Contract to accomplish a specific result. Contractor is an independent Contractor performing services for the City. Nothing contained in this Contract shall be deemed to constitute any other relationship between the City and the Contractor. Contractor certifies that it has no personal or financial interest in the project other than the compensation it is to receive under the Contract. Contractor certifies that it is not, and shall not become, overdue or in default to the City for any Contract, debt, or any other obligation to the City including real or personal property taxes. City shall have the right to set off any such debt against compensation awarded for services under this Contract. ARTICLE VIII - Notice All notices given under this Contract shall be in writing, and shall be by personal delivery or by certified mail with return receipt requested to the parties at their respective addresses as specified in the Contract Documents or other address the Contractor may specify in writing. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; or (2) three days after mailing certified U.S. mail. ARTICLE IX - Indemnification To the fullest extent permitted by law, Contractor shall indemnify, defend and hold the City, its officers, employees and agents harmless from all suits, claims, judgments and expenses including attorney’s fees resulting or alleged to result, in whole or in part, from any act or omission, which is in any way connected or associated with this Contract, by the Contractor or anyone acting on the Contractor’s behalf under this Contract. Contractor shall not be responsible to indemnify the City for losses or damages caused by or resulting from the City’s sole negligence. The provisions of this Article shall survive the expiration or earlier termination of this contract for any reason. C-4 ARTICLE X - Entire Agreement This Contract represents the entire understanding between the City and the Contractor and it supersedes all prior representations, negotiations, agreements, or understandings whether written or oral. Neither party has relied on any prior representations in entering into this Contract. No terms or conditions of either party’s invoice, purchase order or other administrative document shall modify the terms and conditions of this Contract, regardless of the other party’s failure to object to such form. This Contract shall be binding on and shall inure to the benefit of the parties to this Contract and their permitted successors and permitted assigns and nothing in this Contract, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Contract. This Contract may be altered, amended or modified only by written amendment signed by the City and the Contractor. ARTICLE XI – Electronic Transactions The City and Contractor agree that signatures on this Contract may be delivered electronically in lieu of an original signature and agree to treat electronic signatures as original signatures that bind them to this Contract. This Contract may be executed and delivered by facsimile and upon such delivery, the facsimile signature will be deemed to have the same effect as if the original signature had been delivered to the other party. C-5 FOR CONTRACTOR FOR THE CITY OF ANN ARBOR By Its: By___________________________ Christopher Taylor, Mayor By___________________________ Jacqueline Beaudry, City Clerk Approved as to substance By___________________________ City Administrator By___________________________ Services Area Administrator Approved as to form and content ______________________________ Atleen Kaur, City Attorney B-1 PERFORMANCE BOND (1) of (referred to as "Principal"), and , a corporation duly authorized to do business in the State of Michigan (referred to as "Surety"), are bound to the City of Ann Arbor, Michigan (referred to as "City"), for $ , the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by this bond. (2) The Principal has entered a written Contract with the City entitled , for RFP No. ______and this bond is given for that Contract in compliance with Act No. 213 of the Michigan Public Acts of 1963, as amended, being MCL 129.201 et seq. (3) Whenever the Principal is declared by the City to be in default under the Contract, the Surety may promptly remedy the default or shall promptly: (a) complete the Contract in accordance with its terms and conditions; or (b) obtain a bid or bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, arrange for a Contract between such bidder and the City, and make available, as work progresses, sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth in paragraph 1. (4) Surety shall have no obligation to the City if the Principal fully and promptly performs under the Contract. (5) Surety agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the specifications accompanying it shall in any way affect its obligations on this bond, and waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work, or to the specifications. (6) Principal, Surety, and the City agree that signatures on this bond may be delivered electronically in lieu of an original signature and agree to treat electronic signatures as original signatures that bind them to this bond. This bond may be executed and delivered by facsimile and upon such delivery, the facsimile signature will be deemed to have the same effect as if the original signature had been delivered to the other party. SIGNED AND SEALED this day of , 202_. _______________________________ (Name of Surety Company) (Name of Principal) By (Signature) By (Signature) Its (Title of Office) Its (Title of Office) Approved as to form: Atleen Kaur, City Attorney Name and address of agent: _______________________________ B-2 _______________________________ _______________________________ B-3 LABOR AND MATERIAL BOND (1) of (referred to as "Principal"), and , a corporation duly authorized to do business in the State of Michigan, (referred to as "Surety"), are bound to the City of Ann Arbor, Michigan (referred to as "City"), for the use and benefit of claimants as defined in Act 213 of Michigan Public Acts of 1963, as amended, being MCL 129.201 et seq., in the amount of $ , for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by this bond. (2) The Principal has entered a written Contract with the City entitled , for RFP No. ______ ; and this bond is given for that Contract in compliance with Act No. 213 of the Michigan Public Acts of 1963 as amended; (3) If the Principal fails to promptly and fully repay claimants for labor and material reasonably required under the Contract, the Surety shall pay those claimants. (4) Surety's obligations shall not exceed the amount stated in paragraph 1, and Surety shall have no obligation if the Principal promptly and fully pays the claimants. (5) Principal, Surety, and the City agree that signatures on this bond may be delivered electronically in lieu of an original signature and agree to treat electronic signatures as original signatures that bind them to this bond. This bond may be executed and delivered by facsimile and upon such delivery, the facsimile signature will be deemed to have the same effect as if the original signature had been delivered to the other party. SIGNED AND SEALED this day of , 202_ _______________________________ (Name of Surety Company) (Name of Principal) By (Signature) By (Signature) Its (Title of Office) Its (Title of Office) Approved as to form: Atleen Kaur, City Attorney Name and address of agent: _______________________________ _______________________________ _______________________________ GC-1 GENERAL CONDITIONS Section 1 - Execution, Correlation and Intent of Documents The contract documents shall be signed in 2 copies by the City and the Contractor. The contract documents are complementary and what is called for by any one shall be binding. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper execution of the work. Materials or work described in words which so applied have a well-known technical or trade meaning have the meaning of those recognized standards. In case of a conflict among the contract documents listed below in any requirement(s), the requirement(s) of the document listed first shall prevail over any conflicting requirement(s) of a document listed later. (1) Addenda in reverse chronological order; (2) Detailed Specifications; (3) Standard Specifications; (4) Plans; (5) General Conditions; (6) Contract; (7) Bid Forms; (8) Bond Forms; (9) Bid. Section 2 - Order of Completion The Contractor shall submit with each invoice, and at other times reasonably requested by the Supervising Professional, schedules showing the order in which the Contractor proposes to carry on the work. They shall include the dates at which the Contractor will start the several parts of the work, the estimated dates of completion of the several parts, and important milestones within the several parts. Section 3 - Familiarity with Work The Bidder or its representative shall make personal investigations of the site of the work and of existing structures and shall determine to its own satisfaction the conditions to be encountered, the nature of the ground, the difficulties involved, and all other factors affecting the work proposed under this Contract. The Bidder to whom this Contract is awarded will not be entitled to any additional compensation unless conditions are clearly different from those which could reasonably have been anticipated by a person making diligent and thorough investigation of the site. The Bidder shall immediately notify the City upon discovery, and in every case prior to submitting its Bid, of every error or omission in the bidding documents that would be identified by a reasonably competent, diligent Bidder. In no case will a Bidder be allowed the benefit of extra compensation or time to complete the work under this Contract for extra expenses or time spent as a result of the error or omission. Section 4 - Wage Requirements Under this Contract, the Contractor shall conform to Chapter 14 of Title I of the Code of the City of Ann Arbor as amended; which in part states "...that all craftsmen, mechanics and laborers employed directly on the site in connection with said improvements, including said employees of GC-2 subcontractors, shall receive the prevailing wage for the corresponding classes of craftsmen, mechanics and laborers, as determined by statistics for the Ann Arbor area compiled by the United States Department of Labor. At the request of the City, any contractor or subcontractor shall provide satisfactory proof of compliance with the contract provisions required by the Section. Pursuant to Resolution R-16-469 all public improvement contractors are subject to prevailing wage and will be required to provide to the City payroll records sufficient to demonstrate compliance with the prevailing wage requirements. A sample Prevailing Wage Form is provided in the Appendix herein for reference as to what will be expected from contractors. Use of the Prevailing Wage Form provided in the Appendix section or a City-approved equivalent will be required along with wage rate interviews. Where the Contract and the Ann Arbor City Ordinance are silent as to definitions of terms required in determining contract compliance with regard to prevailing wages, the definitions provided in the Davis-Bacon Act as amended (40 U.S.C. 278-a to 276-a-7) for the terms shall be used. If the Contractor is a “covered employer” as defined in Chapter 23 of the Ann Arbor City Code, the Contractor agrees to comply with the living wage provisions of Chapter 23 of the Ann Arbor City Code. The Contractor agrees to pay those employees providing Services to the City under this Contract a “living wage,” as defined in Section 1:815 of the Ann Arbor City Code, as adjusted in accordance with Section 1:815(3); to post a notice approved by the City of the applicability of Chapter 23 in every location in which regular or contract employees providing services under this Contract are working; to maintain records of compliance; if requested by the City, to provide documentation to verify compliance; to take no action that would reduce the compensation, wages, fringe benefits, or leave available to any employee or person contracted for employment in order to pay the living wage required by Section 1:815; and otherwise to comply with the requirements of Chapter 23. Contractor agrees that all subcontracts entered into by the Contractor shall contain similar wage provision covering subcontractor’s employees who perform work on this contract. Section 5 - Non-Discrimination The Contractor agrees to comply, and to require its subcontractor(s) to comply, with the nondiscrimination provisions of MCL 37.2209. The Contractor further agrees to comply with the provisions of Section 9:158 of Chapter 112 of Title IX of the Ann Arbor City Code, and to assure that applicants are employed and that employees are treated during employment in a manner which provides equal employment opportunity. Section 6 - Materials, Appliances, Employees Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary or used for the execution and completion of the work. Unless otherwise specified, all materials incorporated in the permanent work shall be new, and both workmanship and materials shall be of the highest quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. GC-3 The Contractor shall at all times enforce strict discipline and good order among its employees, and shall seek to avoid employing on the work any unfit person or anyone not skilled in the work assigned. Adequate sanitary facilities shall be provided by the Contractor. Section 7 - Qualifications for Employment The Contractor shall employ competent laborers and mechanics for the work under this Contract. For work performed under this Contract, employment preference shall be given to qualified local residents. Section 8 - Royalties and Patents The Contractor shall pay all royalties and license fees. It shall defend all suits or claims for infringements of any patent rights and shall hold the City harmless from loss on account of infringement except that the City shall be responsible for all infringement loss when a particular process or the product of a particular manufacturer or manufacturers is specified, unless the City has notified the Contractor prior to the signing of the Contract that the particular process or product is patented or is believed to be patented. Section 9 - Permits and Regulations The Contractor must secure and pay for all permits, permit or plan review fees and licenses necessary for the prosecution of the work. These include but are not limited to City building permits, right-of-way permits, lane closure permits, right-of-way occupancy permits, and the like. The City shall secure and pay for easements shown on the plans unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the contract documents are at variance with those requirements, it shall promptly notify the Supervising Professional in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the work. Section 10 - Protection of the Public and of Work and Property The Contractor is responsible for the means, methods, sequences, techniques and procedures of construction and safety programs associated with the work contemplated by this contract. The Contractor, its agents or sub-contractors, shall comply with the "General Rules and Regulations for the Construction Industry" as published by the Construction Safety Commission of the State of Michigan and to all other local, State and National laws, ordinances, rules and regulations pertaining to safety of persons and property. The Contractor shall take all necessary and reasonable precautions to protect the safety of the public. It shall continuously maintain adequate protection of all work from damage, and shall take all necessary and reasonable precautions to adequately protect all public and private property from injury or loss arising in connection with this Contract. It shall make good any damage, injury or loss to its work and to public and private property resulting from lack of reasonable protective precautions, except as may be due to errors in the contract documents, or caused by agents or GC-4 employees of the City. The Contractor shall obtain and maintain sufficient insurance to cover damage to any City property at the site by any cause. In an emergency affecting the safety of life, or the work, or of adjoining property, the Contractor is, without special instructions or authorization from the Supervising Professional, permitted to act at its discretion to prevent the threatened loss or injury. It shall also so act, without appeal, if authorized or instructed by the Supervising Professional. Any compensation claimed by the Contractor for emergency work shall be determined by agreement or in accordance with the terms of Claims for Extra Cost - Section 15. Section 11 - Inspection of Work The City shall provide sufficient competent personnel for the inspection of the work. The Supervising Professional shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for access and for inspection. If the specifications, the Supervising Professional's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Supervising Professional timely notice of its readiness for inspection, and if the inspection is by an authority other than the Supervising Professional, of the date fixed for the inspection. Inspections by the Supervising Professional shall be made promptly, and where practicable at the source of supply. If any work should be covered up without approval or consent of the Supervising Professional, it must, if required by the Supervising Professional, be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Supervising Professional, and, if so ordered, the work must be uncovered by the Contractor. If the work is found to be in accordance with the contract documents, the City shall pay the cost of re-examination and replacement. If the work is not in accordance with the contract documents, the Contractor shall pay the cost. Section 12 - Superintendence The Contractor shall keep on the work site, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Supervising Professional. The superintendent will be responsible to perform all on-site project management for the Contractor. The superintendent shall be experienced in the work required for this Contract. The superintendent shall represent the Contractor and all direction given to the superintendent shall be binding as if given to the Contractor. Important directions shall immediately be confirmed in writing to the Contractor. Other directions will be confirmed on written request. The Contractor shall give efficient superintendence to the work, using its best skill and attention. Section 13 - Changes in the Work The City may make changes to the quantities of work within the general scope of the Contract at any time by a written order and without notice to the sureties. If the changes add to or deduct from the extent of the work, the Contract Sum shall be adjusted accordingly. All the changes shall be GC-5 executed under the conditions of the original Contract except that any claim for extension of time caused by the change shall be adjusted at the time of ordering the change. In giving instructions, the Supervising Professional shall have authority to make minor changes in the work not involving extra cost and not inconsistent with the purposes of the work, but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order by the Supervising Professional, and no claim for an addition to the Contract Sum shall be valid unless the additional work was ordered in writing. The Contractor shall proceed with the work as changed and the value of the work shall be determined as provided in Claims for Extra Cost - Section 15. Section 14 - Extension of Time Extension of time stipulated in the Contract for completion of the work will be made if and as the Supervising Professional may deem proper under any of the following circumstances: (1) When work under an extra work order is added to the work under this Contract; (2) When the work is suspended as provided in Section 20; (3) When the work of the Contractor is delayed on account of conditions which could not have been foreseen, or which were beyond the control of the Contractor, and which were not the result of its fault or negligence; (4) Delays in the progress of the work caused by any act or neglect of the City or of its employees or by other Contractors employed by the City; (5) Delay due to an act of Government; (6) Delay by the Supervising Professional in the furnishing of plans and necessary information; (7) Other cause which in the opinion of the Supervising Professional entitles the Contractor to an extension of time. The Contractor shall notify the Supervising Professional within 7 days of an occurrence or conditions which, in the Contractor's opinion, entitle it to an extension of time. The notice shall be in writing and submitted in ample time to permit full investigation and evaluation of the Contractor's claim. The Supervising Professional shall acknowledge receipt of the Contractor's notice within 7 days of its receipt. Failure to timely provide the written notice shall constitute a waiver by the Contractor of any claim. In situations where an extension of time in contract completion is appropriate under this or any other section of the contract, the Contractor understands and agrees that the only available adjustment for events that cause any delays in contract completion shall be extension of the required time for contract completion and that there shall be no adjustments in the money due the Contractor on account of the delay. GC-6 Section 15 - Claims for Extra Cost If the Contractor claims that any instructions by drawings or other media issued after the date of the Contract involved extra cost under this Contract, it shall give the Supervising Professional written notice within 7 days after the receipt of the instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property. The procedure shall then be as provided for Changes in the Work-Section l3. No claim shall be valid unless so made. If the Supervising Professional orders, in writing, the performance of any work not covered by the contract documents, and for which no item of work is provided in the Contract, and for which no unit price or lump sum basis can be agreed upon, then the extra work shall be done on a Cost- Plus-Percentage basis of payment as follows: (1) The Contractor shall be reimbursed for all reasonable costs incurred in doing the work, and shall receive an additional payment of 15% of all the reasonable costs to cover both its indirect overhead costs and profit; (2) The term "Cost" shall cover all payroll charges for employees and supervision required under the specific order, together with all worker's compensation, Social Security, pension and retirement allowances and social insurance, or other regular payroll charges on same; the cost of all material and supplies required of either temporary or permanent character; rental of all power-driven equipment at agreed upon rates, together with cost of fuel and supply charges for the equipment; and any costs incurred by the Contractor as a direct result of executing the order, if approved by the Supervising Professional; (3) If the extra is performed under subcontract, the subcontractor shall be allowed to compute its charges as described above. The Contractor shall be permitted to add an additional charge of 5% percent to that of the subcontractor for the Contractor's supervision and contractual responsibility; (4) The quantities and items of work done each day shall be submitted to the Supervising Professional in a satisfactory form on the succeeding day, and shall be approved by the Supervising Professional and the Contractor or adjusted at once; (5) Payments of all charges for work under this Section in any one month shall be made along with normal progress payments. Retainage shall be in accordance with Progress Payments-Section 16. No additional compensation will be provided for additional equipment, materials, personnel, overtime or special charges required to perform the work within the time requirements of the Contract. When extra work is required and no suitable price for machinery and equipment can be determined in accordance with this Section, the hourly rate paid shall be 1/40 of the basic weekly rate listed in the Rental Rate Blue Book published by Dataquest Incorporated and applicable to the time period the equipment was first used for the extra work. The hourly rate will be deemed to include all costs of operation such as bucket or blade, fuel, maintenance, "regional factors", insurance, taxes, and the like, but not the costs of the operator. GC-7 Section 16 - Progress Payments The Contractor shall submit each month, or at longer intervals, if it so desires, an invoice covering work performed for which it believes payment, under the Contract terms, is due. The submission shall be to the City's Finance Department - Accounting Division. The Supervising Professional will, within 10 days following submission of the invoice, prepare a certificate for payment for the work in an amount to be determined by the Supervising Professional as fairly representing the acceptable work performed during the period covered by the Contractor's invoice. To insure the proper performance of this Contract, the City will retain a percentage of the estimate in accordance with Act 524, Public Acts of 1980. The City will then, following the receipt of the Supervising Professional's Certificate, make payment to the Contractor as soon as feasible, which is anticipated will be within 15 days. An allowance may be made in progress payments if substantial quantities of permanent material have been delivered to the site but not incorporated in the completed work if the Contractor, in the opinion of the Supervising Professional, is diligently pursuing the work under this Contract. Such materials shall be properly stored and adequately protected. Allowance in the estimate shall be at the invoice price value of the items. Notwithstanding any payment of any allowance, all risk of loss due to vandalism or any damages to the stored materials remains with the Contractor. In the case of Contracts which include only the Furnishing and Delivering of Equipment, the payments shall be; 60% of the Contract Sum upon the delivery of all equipment to be furnished, or in the case of delivery of a usable portion of the equipment in advance of the total equipment delivery, 60% of the estimated value of the portion of the equipment may be paid upon its delivery in advance of the time of the remainder of the equipment to be furnished; 30% of the Contract Sum upon completion of erection of all equipment furnished, but not later than 60 days after the date of delivery of all of the equipment to be furnished; and payment of the final 10% on final completion of erection, testing and acceptance of all the equipment to be furnished; but not later than l80 days after the date of delivery of all of the equipment to be furnished, unless testing has been completed and shows the equipment to be unacceptable. With each invoice for periodic payment, the Contractor shall enclose a Contractor's Declaration - Section 43, and an updated project schedule per Order of Completion - Section 2. Section 17 - Deductions for Uncorrected Work If the Supervising Professional decides it is inexpedient to correct work that has been damaged or that was not done in accordance with the Contract, an equitable deduction from the Contract price shall be made. Section 18 - Correction of Work Before Final Payment The Contractor shall promptly remove from the premises all materials condemned by the Supervising Professional as failing to meet Contract requirements, whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute the work in accordance with the Contract and without expense to the City and shall bear the expense of making good all work of other contractors destroyed or damaged by the removal or replacement. If the Contractor does not remove the condemned work and materials within l0 days after written notice, the City may remove them and, if the removed material has value, may store the material GC-8 at the expense of the Contractor. If the Contractor does not pay the expense of the removal within 10 days thereafter, the City may, upon 10 days written notice, sell the removed materials at auction or private sale and shall pay to the Contractor the net proceeds, after deducting all costs and expenses that should have been borne by the Contractor. If the removed material has no value, the Contractor must pay the City the expenses for disposal within 10 days of invoice for the disposal costs. The inspection or lack of inspection of any material or work pertaining to this Contract shall not relieve the Contractor of its obligation to fulfill this Contract and defective work shall be made good. Unsuitable materials may be rejected by the Supervising Professional notwithstanding that the work and materials have been previously overlooked by the Supervising Professional and accepted or estimated for payment or paid for. If the work or any part shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good the defect in a manner satisfactory to the Supervising Professional. The judgment and the decision of the Supervising Professional as to whether the materials supplied and the work done under this Contract comply with the requirements of the Contract shall be conclusive and final. Section 19 - Acceptance and Final Payment Upon receipt of written notice that the work is ready for final inspection and acceptance, the Supervising Professional will promptly make the inspection. When the Supervising Professional finds the work acceptable under the Contract and the Contract fully performed, the Supervising Professional will promptly sign and issue a final certificate stating that the work required by this Contract has been completed and is accepted by the City under the terms and conditions of the Contract. The entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 30 days after the date of the final certificate. Before issuance of final certificates, the Contractor shall file with the City: (1) The consent of the surety to payment of the final estimate; (2) The Contractor's Affidavit in the form required by Section 44. In case the Affidavit or consent is not furnished, the City may retain out of any amount due the Contractor, sums sufficient to cover all lienable claims. The making and acceptance of the final payment shall constitute a waiver of all claims by the City except those arising from: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) hidden defects in meeting the requirements of the plans and specifications; (4) manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. Section 20 - Suspension of Work The City may at any time suspend the work, or any part by giving 5 days notice to the Contractor in writing. The work shall be resumed by the Contractor within 10 days after the date fixed in the GC-9 written notice from the City to the Contractor to do so. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this Contract as a result of the suspension. If the work, or any part, shall be stopped by the notice in writing, and if the City does not give notice in writing to the Contractor to resume work at a date within 90 days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work suspended and will be entitled to the estimates and payments for all work done on the portions abandoned, if any, plus 10% of the value of the work abandoned, to compensate for loss of overhead, plant expense, and anticipated profit. Section 21 - Delays and the City's Right to Terminate Contract If the Contractor refuses or fails to prosecute the work, or any separate part of it, with the diligence required to insure completion, ready for operation, within the allowable number of consecutive calendar days specified plus extensions, or fails to complete the work within the required time, the City may, by written notice to the Contractor, terminate its right to proceed with the work or any part of the work as to which there has been delay. After providing the notice the City may take over the work and prosecute it to completion, by contract or otherwise, and the Contractor and its sureties shall be liable to the City for any excess cost to the City. If the Contractor's right to proceed is terminated, the City may take possession of and utilize in completing the work, any materials, appliances and plant as may be on the site of the work and useful for completing the work. The right of the Contractor to proceed shall not be terminated or the Contractor charged with liquidated damages where an extension of time is granted under Extension of Time - Section 14. If the Contractor is adjudged a bankrupt, or if it makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of its insolvency, or if it persistently or repeatedly refuses or fails except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials, or if it fails to make prompt payments to subcontractors or for material or labor, or persistently disregards laws, ordinances or the instructions of the Supervising Professional, or otherwise is guilty of a substantial violation of any provision of the Contract, then the City, upon the certificate of the Supervising Professional that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor 3 days written notice, terminate this Contract. The City may then take possession of the premises and of all materials, tools and appliances thereon and without prejudice to any other remedy it may have, make good the deficiencies or finish the work by whatever method it may deem expedient, and deduct the cost from the payment due the Contractor. The Contractor shall not be entitled to receive any further payment until the work is finished. If the expense of finishing the work, including compensation for additional managerial and administrative services exceeds the unpaid balance of the Contract Sum, the Contractor and its surety are liable to the City for any excess cost incurred. The expense incurred by the City, and the damage incurred through the Contractor's default, shall be certified by the Supervising Professional. Section 22 - Contractor's Right to Terminate Contract If the work should be stopped under an order of any court, or other public authority, for a period of 3 months, through no act or fault of the Contractor or of anyone employed by it, then the Contractor may, upon 7 days written notice to the City, terminate this Contract and recover from the City payment for all acceptable work executed plus reasonable profit. GC-10 Section 23 - City's Right To Do Work If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City, 3 days after giving written notice to the Contractor and its surety may, without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost from the payment due to the Contractor. Section 24 - Removal of Equipment and Supplies In case of termination of this Contract before completion, from any or no cause, the Contractor, if notified to do so by the City, shall promptly remove any part or all of its equipment and supplies from the property of the City, failing which the City shall have the right to remove the equipment and supplies at the expense of the Contractor. The removed equipment and supplies may be stored by the City and, if all costs of removal and storage are not paid by the Contractor within 10 days of invoicing, the City upon 10 days written notice may sell the equipment and supplies at auction or private sale, and shall pay the Contractor the net proceeds after deducting all costs and expenses that should have been borne by the Contractor and after deducting all amounts claimed due by any lien holder of the equipment or supplies. Section 25 - Responsibility for Work and Warranties The Contractor assumes full responsibility for any and all materials and equipment used in the construction of the work and may not make claims against the City for damages to materials and equipment from any cause except negligence or willful act of the City. Until its final acceptance, the Contractor shall be responsible for damage to or destruction of the project (except for any part covered by Partial Completion and Acceptance - Section 26). The Contractor shall make good all work damaged or destroyed before acceptance. All risk of loss remains with the Contractor until final acceptance of the work (Section 19) or partial acceptance (Section 26). The Contractor is advised to investigate obtaining its own builders risk insurance. The Contractor shall guarantee the quality of the work for a period of one year. The Contractor shall also unconditionally guarantee the quality of all equipment and materials that are furnished and installed under the contract for a period of one year. At the end of one year after the Contractor's receipt of final payment, the complete work, including equipment and materials furnished and installed under the contract, shall be inspected by the Contractor and the Supervising Professional. Any defects shall be corrected by the Contractor at its expense as soon as practicable but in all cases within 60 days. Any defects that are identified prior to the end of one year shall also be inspected by the Contractor and the Supervising Professional and shall be corrected by the Contractor at its expense as soon as practicable but in all cases within 60 days. The Contractor shall assign all manufacturer or material supplier warranties to the City prior to final payment. The assignment shall not relieve the Contractor of its obligations under this paragraph to correct defects. GC-11 Section 26 - Partial Completion and Acceptance If at any time prior to the issuance of the final certificate referred to in Acceptance and Final Payment - Section 19, any portion of the permanent construction has been satisfactorily completed, and if the Supervising Professional determines that portion of the permanent construction is not required for the operations of the Contractor but is needed by the City, the Supervising Professional shall issue to the Contractor a certificate of partial completion, and immediately the City may take over and use the portion of the permanent construction described in the certificate, and exclude the Contractor from that portion. The issuance of a certificate of partial completion shall not constitute an extension of the Contractor's time to complete the portion of the permanent construction to which it relates if the Contractor has failed to complete it in accordance with the terms of this Contract. The issuance of the certificate shall not release the Contractor or its sureties from any obligations under this Contract including bonds. If prior use increases the cost of, or delays the work, the Contractor shall be entitled to extra compensation, or extension of time, or both, as the Supervising Professional may determine. Section 27 - Payments Withheld Prior to Final Acceptance of Work The City may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate to the extent reasonably appropriate to protect the City from loss on account of: (1) Defective work not remedied; (2) Claims filed or reasonable evidence indicating probable filing of claims by other parties against the Contractor; (3) Failure of the Contractor to make payments properly to subcontractors or for material or labor; (4) Damage to another Contractor. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the City which will protect the City in the amount withheld, payment shall be made for amounts withheld under this section. Section 28 - Contractor's Insurance (1) The Contractor shall procure and maintain during the life of this Contract, including the guarantee period and during any warranty work, such insurance policies, including those set forth below, as will protect itself and the City from all claims for bodily injuries, death or property damage that may arise under this Contract; whether the act(s) or omission(s) giving rise to the claim were made by the Contractor, any subcontractor, or anyone employed by them directly or indirectly. Prior to commencement of any work under this contract, Contractor shall provide to the City documentation satisfactory to the City, through City-approved means (currently myCOI), demonstrating it has obtained the required policies and endorsements. The certificates of insurance endorsements and/or copies of GC-12 policy language shall document that the Contractor satisfies the following minimum requirements. Contractor shall add registration@mycoitracking.com to its safe sender’s list so that it will receive necessary communication from myCOI. When requested, Contractor shall provide the same documentation for its subcontractor(s) (if any). Required insurance policies include: (a) Worker's Compensation Insurance in accordance with all applicable state and federal statutes. Further, Employers Liability Coverage shall be obtained in the following minimum amounts: Bodily Injury by Accident - $500,000 each accident Bodily Injury by Disease - $500,000 each employee Bodily Injury by Disease - $500,000 each policy limit (b) Commercial General Liability Insurance equivalent to, as a minimum, Insurance Services Office form CG 00 01 04 13 or current equivalent. The City of Ann Arbor shall be named as an additional insured. There shall be no added exclusions or limiting endorsements specifically for the following coverages: Products and Completed Operations, Explosion, Collapse and Underground coverage or Pollution. Further there shall be no added exclusions or limiting endorsements that diminish the City’s protections as an additional insured under the policy. The following minimum limits of liability are required: $1,000,000 Each occurrence as respect Bodily Injury Liability or Property Damage Liability, or both combined. $2,000,000 Per Project General Aggregate $1,000,000 Personal and Advertising Injury $2,000,000 Products and Completed Operations Aggregate, which, notwithstanding anything to the contrary herein, shall be maintained for three years from the date the Project is completed. (c) Motor Vehicle Liability Insurance, including Michigan No-Fault Coverages, equivalent to, as a minimum, Insurance Services Office form CA 00 01 10 13 or current equivalent. Coverage shall include all owned vehicles, all non-owned vehicles and all hired vehicles. The City of Ann Arbor shall be named as an additional insured. There shall be no added exclusions or limiting endorsements that diminish the City’s protections as an additional insured under the policy. Further, the limits of liability shall be $1,000,000 for each occurrence as respects Bodily Injury Liability or Property Damage Liability, or both combined. (d) Umbrella/Excess Liability Insurance shall be provided to apply excess of the Commercial General Liability, Employers Liability and the Motor Vehicle coverage enumerated above, for each occurrence and for aggregate in the amount of $1,000,000. (2) Insurance required under subsection (1)(b) and (1)(c) above shall be considered primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute GC-13 with this insurance. Further, the Contractor agrees to waive any right of recovery by its insurer against the City for any insurance listed herein. (3) Insurance companies and policy forms are subject to approval of the City Attorney, which approval shall not be unreasonably withheld. Documentation must provide and demonstrate an unconditional and un-qualified 30-day written notice of cancellation in favor of the City of Ann Arbor. Further, the documentation must explicitly state the following: (a) the policy number(s); name of insurance company(s); name and address of the agent(s) or authorized representative(s); name(s), email address(es), and address of insured; project name; policy expiration date; and specific coverage amounts; (b) any deductibles or self-insured retentions which may be approved by the City, in its sole discretion; (c) that the policy conforms to the requirements specified Contractor shall furnish the City with satisfactory certificates of insurance and endorsements prior to commencement of any work. Upon request, the Contractor shall provide within 30 days a copy of the policy(ies) and all required endorsements to the City. If any of the above coverages expire by their terms during the term of this Contract, the Contractor shall deliver proof of renewal and/or new policies and endorsements to the Administering Service Area/Unit at least ten days prior to the expiration date. (4) Any Insurance provider of Contractor shall be authorized to do business in the State of Michigan and shall carry and maintain a minimum rating assigned by A.M. Best & Company’s Key Rating Guide of “A-” Overall and a minimum Financial Size Category of “V”. Insurance policies and certificates issued by non-authorized insurance companies are not acceptable unless approved in writing by the City. (5) City reserves the right to require additional coverage and/or coverage amounts as may be included from time to time in the Detailed Specifications for the Project. (6) The provisions of General Condition 28 shall survive the expiration or earlier termination of this contract for any reason. Section 29 - Surety Bonds Bonds will be required from the successful bidder as follows: (1) A Performance Bond to the City of Ann Arbor for the amount of the bid(s) accepted; (2) A Labor and Material Bond to the City of Ann Arbor for the amount of the bid(s) accepted. Bonds shall be executed on forms supplied by the City in a manner and by a Surety Company authorized to transact business in Michigan and satisfactory to the City Attorney. Section 30 - Damage Claims The Contractor shall be held responsible for all damages to property of the City or others, caused by or resulting from the negligence of the Contractor, its employees, or agents during the progress of or connected with the prosecution of the work, whether within the limits of the work or elsewhere. The Contractor must restore all property injured including sidewalks, curbing, sodding, pipes, conduit, sewers or other public or private property to not less than its original condition with new work. GC-14 Section 31 - Refusal to Obey Instructions If the Contractor refuses to obey the instructions of the Supervising Professional, the Supervising Professional shall withdraw inspection from the work, and no payments will be made for work performed thereafter nor may work be performed thereafter until the Supervising Professional shall have again authorized the work to proceed. Section 32 - Assignment Neither party to the Contract shall assign the Contract without the written consent of the other. The Contractor may assign any monies due to it to a third party acceptable to the City. Section 33 - Rights of Various Interests Whenever work being done by the City's forces or by other contractors is contiguous to work covered by this Contract, the respective rights of the various interests involved shall be established by the Supervising Professional, to secure the completion of the various portions of the work in general harmony. The Contractor is responsible to coordinate all aspects of the work, including coordination of, and with, utility companies and other contractors whose work impacts this project. Section 34 - Subcontracts The Contractor shall not award any work to any subcontractor without prior written approval of the City. The approval will not be given until the Contractor submits to the City a written statement concerning the proposed award to the subcontractor. The statement shall contain all information the City may require. The Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by it. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and all other contract documents applicable to the work of the subcontractors and to give the Contractor the same power to terminate any subcontract that the City may exercise over the Contractor under any provision of the contract documents. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the City. GC-15 Section 35 - Supervising Professional's Status The Supervising Professional has the right to inspect any or all work. The Supervising Professional has authority to stop the work whenever stoppage may be appropriate to insure the proper execution of the Contract. The Supervising Professional has the authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work. The Supervising Professional shall make all measurements and determinations of quantities. Those measurements and determinations are final and conclusive between the parties. Section 36 - Supervising Professional's Decisions The Supervising Professional shall, within a reasonable time after their presentation to the Supervising Professional, make decisions in writing on all claims of the City or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract documents. Section 37 - Storing Materials and Supplies Materials and supplies may be stored at the site of the work at locations agreeable to the City unless specific exception is listed elsewhere in these documents. Ample way for foot traffic and drainage must be provided, and gutters must, at all times, be kept free from obstruction. Traffic on streets shall be interfered with as little as possible. The Contractor may not enter or occupy with agents, employees, tools, or material any private property without first obtaining written permission from its owner. A copy of the permission shall be furnished to the Supervising Professional. Section 38 - Lands for Work The Contractor shall provide, at its own expense and without liability to the City, any additional land and access that may be required for temporary construction facilities or for storage of materials. Section 39 - Cleaning Up The Contractor shall, as directed by the Supervising Professional, remove at its own expense from the City's property and from all public and private property all temporary structures, rubbish and waste materials resulting from its operations unless otherwise specifically approved, in writing, by the Supervising Professional. Section 40 - Salvage The Supervising Professional may designate for salvage any materials from existing structures or underground services. Materials so designated remain City property and shall be transported or stored at a location as the Supervising Professional may direct. GC-16 Section 41 - Night, Saturday or Sunday Work No night or Sunday work (without prior written City approval) will be permitted except in the case of an emergency and then only to the extent absolutely necessary. The City may allow night work which, in the opinion of the Supervising Professional, can be satisfactorily performed at night. Night work is any work between 8:00 p.m. and 7:00 a.m. No Saturday work will be permitted unless the Contractor gives the Supervising Professional at least 48 hours but not more than 5 days notice of the Contractor's intention to work the upcoming Saturday. Section 42 - Sales Taxes Under State law the City is exempt from the assessment of State Sales Tax on its direct purchases. Contractors who acquire materials, equipment, supplies, etc. for incorporation in City projects are not likewise exempt. State Law shall prevail. The Bidder shall familiarize itself with the State Law and prepare its Bid accordingly. No extra payment will be allowed under this Contract for failure of the Contractor to make proper allowance in this bid for taxes it must pay. GC-17 Section 43 CONTRACTOR'S DECLARATION I hereby declare that I have not, during the period , 20 , to , 20 , performed any work, furnished any materials, sustained any loss, damage or delay, or otherwise done anything in addition to the regular items (or executed change orders) set forth in the Contract titled _________________________, for which I shall ask, demand, sue for, or claim compensation or extension of time from the City, except as I hereby make claim for additional compensation or extension of time as set forth on the at...