Summary of Specifications:
1. Unless otherwise called for, two copies of the Bid/Proposal, typewritten or printed in ink, must be submitted. 2. Carefully read and comply as applicable with the standard Terms and Conditions. 3. No taxes are to be included in any bid/proposal price. Generally, states and political subdivisions are exempt from Federal taxes. In the event that taxes must be paid on any materials necessary to complete the contract, the Contractor shall bear the cost and responsibility of such taxes. To the extent any sales, import or other taxes apply, they are to be invoiced as a separate item. 4. The Instructions to Bidders and Terms and Conditions are part of the proposal package and should be read thoroughly and considered when submitting bids. 5. Awarded bidders should allow for approximately 30 days from receipt of invoice to receive payment from the City of Westland. 6. The request for proposal and any accompanying documents shall be submitted by the time specified (no exceptions will be made) in a sealed envelope addressed as follows: City of Westland Purchasing Division 36601 Ford Road Westland, MI 48185-2298 In addition, subject matter of the proposal, date and the hour of the bid opening as stated in the invitation should be printed in the lower left corner of the envelope. Failure to do so may result in premature opening of/or failure to open. 1. PREPARATION OF BIDS/PROPOSAL: a. Bidders are expected to examine specifications and all instructions. b. If any person contemplating submitting a proposal is in doubt as to the true meaning of any part of the specifications or other conditions within the invitation, he/she may submit to the Purchasing Division a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation will be made only by an addendum duly issued by the designated City Representative. A copy of each addendum will be mailed or delivered to each person in receipt of the invitation. Failure on the part of the prospective bidder to receive a written interpretation prior to the time of the opening of bids will not be grounds for withdrawal of proposal. Bidder will acknowledge receipt of each addendum issued by stating it in his proposal. Oral explanations will not be binding. c. Each bidder shall furnish all information required on Bid Form. The person signing the Bid Form must initial any and all erasures and/or other changes made to the bid document. 2. SUBMISSION OF BIDS/PROPOSALS: a. All bids shall be submitted in sealed envelopes and shall include the following information on the face of the envelope: bidder¡¦s name, address, subject matter of proposal, date and hour of bid opening as stated in the invitation. Failure to do so may result in a premature opening of or failure to open such proposal. b. Bidders are responsible for submitting proposals before the stated closing time. Delays in the mail will not be considered. Any proposal received after the stated closing time will not be opened and shall not be considered in the bid opening. No exceptions will be made. c. In the event no bid is to be submitted, do not return the invitation. However, a letter or post card should be sent to the Purchasing Division advising whether future invitations are desired. d. Any bid may be withdrawn by giving a written notice to the Purchasing Division before stated closing time. After stated closing time no bid may be withdrawn or canceled for a period of 60 days after said closing time. e. All Bids and/or proposals are to be submitted on the bid forms supplied in the bid package. f. When reviewing bids, totals written out in words will take precedence over totals written in figures. 3. CONSIDERATION OF BIDS/PROPOSALS: a. A designated City Department Head shall represent the City in all matters pertaining to this proposal and contract in conjunction therewith. The City reserves the right to reject any or all proposals and to disregard any informality in the bids and bidding. b. Proposals submitted on Bid Forms are understood to be according to Specification Date. Variations in proposals will be considered when same are submitted on Substitution Proposal forms furnished herein and all required information is contained in such proposal. In cases where an item requested is identified by a manufacturer¡¦s name, trade name, catalog number or reference, it is understood that the bidder proposed to furnish the item so identified and does not propose to furnish an ¡§equal¡¨ unless the proposed ¡§equal¡¨ is definitely indicated by submission of the Substitution Proposal form. Reference to any of the above is intended to be descriptive, but not restrictive and only indicates articles that will be satisfactory. Bids of ¡§equal¡¨ will be considered, provided that the bidder states in his proposal exactly what he proposed to furnish, including sample, illustration, or other descriptive matter which will clearly indicate the character of the article covered by such proposal. The designated City Representative hereby reserves the right to approve as an equal, or to reject as not being an equal, any article proposed which contains major or minor variations from specifications requirements, but which may comply substantially therewith. c. The City reserves the right, when it seems to be in the best interest of the City, to award the bid in part or in whole, reject any bids or waive informalities. d. Pursuant to Chapter 2, Section 2-707(a), of Westland City Code, before any contract is awarded which requires approval by the City Council, the vendor must disclose any substantial interest held by any city official or city employee or their immediate family in the vendor¡¦s business. 4. FAIR EMPLOYMENT PRACTICE AND NON-DISCRIMINATION: The firm or their subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, marital status or handicap. The firm shall take affirmative action to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin, marital status or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation, and selection of training, including apprenticeship. Breach of this covenant may be regarded as a material breach of contract. 5. PERSONNEL REQUIREMENTS: All installation personnel costs must meet Davis Bacon Act Regulations (prevailing wages) and must comply with all Community Development Block Grant requirements, if applicable. Prevailing wage rates will be available upon request. All companies must comply with the Fair Employment Practice Act, Executive Order 1126 entitled the ¡§Equal Employment Opportunity,¡¨ as amended by Executive Order 11375 and Department of Labor Regulations (41 CFR Part 60), and other Federal, State and City requirements which are applicable to grants-in-aid programs. All companies shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, marital status or handicap. Companies shall take affirmative action to ensure that applicants are employed, and employees are treated during employment without regard to race, color, religion, sex, age, national origin, marital status, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship. All companies must agree that the city of Westland, the County of Wayne, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, during regular business hours, to any books, documents, papers and records of their company which are directly pertinent to this agreement, for the purpose of making an audit, examination, excerpts and transcriptions. The company shall maintain all records for three years after all pending matters under this agreement are closed. 6. INDEMNIFICATION Proposer to the fullest extent permitted by law agrees to indemnify, defend and save harmless the City of Westland and its elected and appointed officials and officers, agents, servants and employees from and against all loss or expense, including cost and attorney¡¦s fees by reason of liability imposed by law upon the City of Westland and its elected and appointed officials and officers, agents, servants and employees for damages because of bodily injury, including death, resulting from or sustained by any person or persons on account of damage to property, including loss of use thereof, arising out of or in consequence of the performance of the contract whether such injuries to persons or damage to property is due or claimed to be due to the negligence of the City of Westland, its elected and appointed Officials, officers, appointed agents, servants and employees, except only if such injury or damage is occasioned by the sole negligence of the City of Westland 7. INSURANCE PROVISIONS The proposer shall purchase and maintain, throughout the term of this agreement, comprehensive general liability insurance, including contractual liability, to protect the provider from all claims for bodily injury, including accidental death, personal injury, and property damage arising from operations under this agreement, whether such operation be by the proposer, subcontractor, agent, or by anyone else directly or indirectly employed by the proposer. In addition, all statutory insurance requirements, including worker¡¦s compensation, shall be met. All required insurance policies shall be issued by reputable insurance companies duly authorized to engage in the insurance business in the State of Michigan. Limits of such insurance shall be stated below: Worker¡¦s Compensation Statutory Comprehensive General Liability $1,000,000 Employer¡¦s Liability $1,000,000 per occurrence Motor Vehicle Insurance ¡V Owned, Non- Owned and Hired Bodily Injury $500,000 per occurrence Property Damage $500,000 per occurrence The City of Westland shall be named on such policies as insured or named as additional insured. Failure to maintain insurance coverage throughout the life of the contract, consistent with the provisions of this Section, shall be considered a breach of contract. Proposer shall procure and maintain during the life of the contract umbrella excess liability insurance in the single amount limit of at least two million dollars. This insurance shall be project specific and the umbrella excess policy wording shall apply to the Proposers general liability and its automobile liability insurance. Each insurance policy shall specify that no policy may be terminated for any reason unless 30 days prior written notice of such proposed termination shall be given to the City of Westland, and before commencing any work related to the contract Proposer shall provide the City of Westland certificates of insurance for the required insurance policies. 8. SEVERABILITY OF CONTRACT In the event any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this agreement, but this agreement shall be construed as if such invalid or unenforceable provisions had never been contained. Further, in the event that any provision of this agreement shall be held to be unenforceable by virtue of its scope, but may be made enforceable by a limitation thereof, such provision shall be deemed to be amended to the minimum extent necessary to render it enforceable under the laws of the jurisdiction in which enforcement is sought. 9. AMENDMENTS TO CONTRACT
