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Proposal & Bid Notice Details:


DETROIT BUILDING AUTHORITY

DETROIT BUILDING AUTHORITY-RFP-FOR,CAPITAL IMPROVEMENTS OF 100 MACK AVE DESIGN,ENGINEERING AND RENOVATION PROJECT.


Project Specs:

Notice ID #: 7559

Bid Date: 07/08/2022

Type Of Notice: Request for Proposal
Location: MI: Detroit


Contact: See Notice Summary for details on how to respond to this notice.


Notice Summary:

SCHEDULE

Mandatory Pre-Submittal Conference (jobsite): Monday June 27 at 12 Noon at 100 Mack Avenue Detroit MI 48226

Qualifications Submittal Due: July 8

Proposal Submittals (short-listed teams only) & Interviews (short-listed teams only): July 11-15

Notice to Proceed (Tentative): August 1

SCOPE OF WORK & EXHIBITS

MANDATORY COMPONENT TITLE

CHECK IF INCLUDED IN THIS RFP

Section - Business Information Questionnaire

 

Exhibit A: Introduction/Scope of Work

 

Exhibit B: Drawings (For Reference Only)

 

Exhibit C: Qualifications Evaluation

 

Exhibit D: Disposal of Material Affidavit

 

Exhibit E: Non-Collusion Affidavit

 

Exhibit F: Equalization Eligibility Credit

 

Exhibit G: Executive Order 2021-1

 

Exhibit H: Vendor Clearances

 

Exhibit I: Consolidated Affidavits:

 

Exhibit J: Corporation Certificate of Authority

 

Exhibit K: Debarment Suspension Affidavit

 

Exhibit L: Financial Statements Affidavit

 

Exhibit M: Respondent Questionnaire

 

Exhibit N: Proposal Introduction and Solution/Approach

 

Exhibit O: Environmental Assessment

 

Exhibit P: Affidavit of Disclosure of Interests by Contractors and Vendors

 

Exhibit Q: Format for the Monthly Progress Report

 

Exhibit R: Construction Services Design/Build Agreement Draft

 

Attachment A: Payment Procedures

 

 

 

 

 

SECTION – BUSINESS INFORMATION QUESTIONNAIRE

Failure to complete this form may result in your Proposal being deemed nonresponsive and rejected without any further evaluation.

LEGAL NAME OF PROPOSING ENTITY                                                                                  

PRINCIPAL OFFICE ADDRESS _________________                                                                

PRIMARY CONTACT _________________________PHONE NO __________ EMAIL ____________________

WEB SITE ___________________________

FORM OF OWNERSHIP (Check One)

Corporation (  )      LLC (  )    Joint Venture (  )

State of Incorporation/Registration                                                                                

Date of Incorporation/Registration                                             

Limited Partnership (  )   General Partnership (  )   Individual   (  )

LIST OF PARTNERS, PRINCIPALS, CORPORATE OFFICERS AND OWNERS

Name / Title                                                                              Name / Title                                                                     

                                                                                                                                               

                                                                                                                                               

                                                                                                                                               

LIST OF CORPORATE DIRECTORS

Name                                                                                         Principal Business Affiliation (Other Than Proposing Entity)

                                                                                                                                               

                                                                                                                                               

                                                                                                                                               

ADDITIONAL INFORMATION REQUIRED BY THE DBA

LIST OF PRINCIPAL STOCKHOLDERS (i.e., those holding 5% or more of the outstanding stock)

Name / Address                                                                       Name / Address                                                              

                                                                                                                                               

                                                                                                                                               

                                                                                                                                               

FINANCIAL DISCLOSURE/CONFLICTS OF INTEREST

Identify any contract(s), including any contract involving an employment or consulting relationship, which the firm, or its partners, principals, corporate officers or owners currently has with the Detroit Building Authority, or with any of its board members or officers. 

___________________________________________________________________________

 

___________________________________________________________________________

 

_______________________________________________________________________________________________________

LATEST CREDIT RATING (Specify if other than Dun and Bradstreet)

                                                                                                                                               

 

I hereby certify that the foregoing business information is true, correct and complete to the best of (my/our) knowledge and belief:

                                                                                                                                               

(Name of Proposing Business)

 

By                                                                                                                                           

(Signature)                                                                                                  Date

 

                                                                                                                

                                           (Title)

EXHIBIT A

Introduction

 

These capital improvements will consist of architectural design, engineering, and renovation of approximately 4,500 square feet of office space on the 1st and 2nd floors of 100 Mack Avenue, Detroit, Michigan 48226.

 

The project is to renovate existing office space at 100 Mack Avenue to create 1) a Dispatch Control Room to relocate the DDOT Dispatch operations and radio communications and 2) a renovated area for DDOT Transit Police and operations. This will include renovated space for staff, technology and coordination with the city’s radio communications team and emergency backup power. These renovations will be connected within the City’s technology infrastructure and will be integrated with all available data sources and devices.

 

A design/build budget of $250,000 Dollars has been established to design and renovate office space for DDOT Dispatch and Transit Police as according to the following Scope of Work (SOW).

 

 

The DDOT Dispatch and Transit Police Renovations are expected to be completed no later than December 2022.

 


 

 

 
 

 SCOPE OF WORK

SCOPE OF SERVICES: The Respondent will be responsible for providing professional and comprehensive Design/Build Construction Services necessary and incidental for the design and renovation of the DDOT Dispatch and Transit Police at 100 Mack, including administering and supervising the completion, start-up, and commissioning of the Work, always including coordination with the DBA. Services to be provided shall include, as appropriate without being limited to, the following:


1. Pre-Construction Services

The Respondent (Design/Build Team) will coordinate and oversee analysis, consultation, advice, and reasonable recommendations relating to the design, planning and administration of the Project, including but not limited to, the following:

A. Establish architectural/engineering requirements:

 

  • Visual Site Inspection (assessment)
  • Programming
  • Schematic Design
  • Design Development
  • Sustainability Design
  • Construction Documents
  • Construction Administration

 

 

B. Complete Design Reviews. The reviews shall include, but are not limited to:

 

  • Input on Design – review recommendations during the design process.  This effort will identify opportunities for cost, schedule, or operation/maintenance savings that can be achieved without adversely impacting the safe operation, design intent or functional quality of the structure.
  • Constructability Reviews – are intended to address the ability to successfully construct the design as intended.  Review means and methods intended to reduce cost, improve schedule, and worker safety.
  • Phasing and Logistics – will be an integral part of construction. Develop a coordinated phasing, sequencing, and staging plan.

 

C. Schedule Development – The Respondent will be required to develop a detailed coordinated schedule using an established format acceptable and accessible for use by the DBA. The schedule will identify detailed work activities in relationship to the City Departments and users. The Respondent will be required to obtain DBA approval of the schedule and for deviations from the approved schedule, including development and implementation of schedule recovery strategies when required.

 

D. The Respondent will be required to obtain DBA written approval for the budgets. After approval of the initial budgets, monitor project development and execution to ensure conformance with the budgets. For deviations from the approved budget, develop rectification strategies and implement their execution.

 

E. Bidding: Using bidding documents developed by the Respondent, bid the work. Receive and evaluate bids and make contract recommendations to the DBA. Prepare construction contracts.

 

 

II.        Construction Phase Services and Post-Construction Phase Services:  

 

The Respondent (Design/Build Team) shall provide the following Services for the Project:

 

A. Prepare and execute construction contracts upon receipt of the DBA’s written approval.

 

B. Coordinate the Work with the DBA and the Mayor’s Office.

 

C. Coordinate all access, unloading, storage, temporary facilities/equipment, and trash removal for the Project with the DBA and the Mayor’s Office.

 

D. Review of payment requests, including coordinating with the DBA acceptance of materials, review of completed work, organization of any required testing, coordination with authorities having jurisdiction, and receipt of final record documentation.

 

E. Permits – Coordinate with those entities having jurisdiction over the Project to ensure that all necessary permits are obtained in a timely fashion, in support of the schedule.

 

F. Coordinate with the DBA and the Mayor’s Office, the site management, including the allocation of storage areas, jobsite trailers, site access, site maintenance, jobsite safety and security, waste removal, etc.

 

G. Preparing consolidated monthly updated schedules, budgets, progress status reports and cash flow projections during pre-construction and construction through close-out. The Respondent will provide the DBA with monthly progress reports during construction, including when requested, presentations to the DBA Board.

 

  • Monthly Reporting – See Exhibit N “FORMAT FOR THE MONTHLY PROGRESS REPORT DETROIT BUILDING AUTHORITY CAPITAL PROJECTS”. 

 

H. Providing compatibility and constructability assessments with consideration for operations and potential for future improvements / expansion including close coordination with the DBA.

 

I. Start up and Commissioning of System - The Respondent shall be responsible for coordinating and overseeing with the DBA the startup and commissioning appropriate and incidental to the Project.

 

J. Assisting the DBA with Project scope development & use / benefit (ROI) assessment of conceptual design features and systems.

 

K. Executing, administering, and providing direct supervision for all DBA approved contracts for the construction and commissioning of the Project.

 

L. Arranging for, contracting, and supervising independent quality control inspection services.

 

M. Preparing accurate cash flow projections, processing invoices for construction contracts, and assembling monthly invoices in cooperation with the DBA’s Project Accountant

 

N. Executing, administering, and providing direct supervision for all DBA approved contracts for the construction and commissioning of the Project.

 

O. Arranging for, contracting, and supervising independent quality control inspection services.

 

P. Preparing accurate cash flow projections, processing invoices for construction contracts, and assembling monthly invoices in cooperation with the DBA’s Project Accountant.

 
Q. Plan and provide a construction sequencing plan or phasing plan with the DBA and the Mayor’s Office. This project will require a minimum disturbance of office activity during construction. After hours work will be required for certain tasks such as the preparation and installation of flooring.

 

III.        Programming

 

A. Conduct interviews with the identified site and facility user groups.

 

B. A design program will be presented to the DBA and the Mayor’s Office for review.  Revisions may be required prior to finalization of the program document.  Deliverables:

 

  • List program goals and objectives.  Design and provide programmed spaces and sizes, conceptual design sketches, questionnaires, and supplemental design criteria.

 

IV.        Schematic Design

 

A. Based on approved space program, prepare a schematic layout, highlighting major circulation and uses.

 

B. Ensure that schematic layout is code compliant.

 

C. Prepare schematic layout for special uses or multipurpose areas and identify potential expansion area.

 

D. Identify and propose options for furniture, built-ins, special equipment, fixtures and finishes.

 

E. Propose preliminary designs for the building’s exterior facades and site relationships.

 

F. Develop a shared vision and narrative for the park that captures design and functional characteristics.

 

G. Develop various site configurations and include schemes that consider street vacations.

 

H. Prepare an initial strategy for a phased development approach, preliminary construction.

 

I. Cost estimation package 1 – outlining estimated construction budget for entire design.

 

J. Prepare schematic package for review and comment. Package should include a preliminary budget and construction schedule. If necessary, prepare phasing recommendations for consideration. Assist in value engineering as required.

 

K. Deliverables:

Accurate Existing Conditions Plans based on actual field verification of dimensions and conditions by the Consultant.

 

  • Schematic drawings and specifications illustrating and describing the architectural and engineering components of the Project.
  • Schematic Plan Drawings illustrating all components of the Project including the size, scale, location, dimensions, and character of physical systems and equipment including any potential additional structure(s).
  • Schematic Elevations and Section Drawings which illustrate the spatial relationships, construction, materials, and character of the Project.
  • Written description of all materials, components, and systems to be incorporated into the Project.
  • Any other documents or items required to illustrate the Schematic Design and the conformity of same with the requirements of the Project.
  • Schematic Design Estimate of Probable Construction Cost in CSI format, based on costs for comparable work in this area.
    • Schematic Design Package and Cost Estimate in Uniformat or CSI format, for the Scope of Work determined as appropriate given project priorities and available funding.

 

 

V.        Design Development

 

A. Based on approved schematic design package, prepare drawings and specifications.

B. Drawings shall include dimensioned floor plans, RCP, Finish Plans with FFE, architectural systems, built-ins, security plan, AV/IT plan, fire protection plan, signage plan, and any other special features.

C. Design exterior elements and facades and provide wall sections for review.

D. Provide a draft submittal package of FFE to the DBA for review and approval, it includes but not limited to: plumbing fixture, light fixture, finish schedule, window specs.

E. Refine the comprehensive full park design and site plan.

F. Coordinate other consultant’s work and work by the DBA into the Design Development package. Include building and park site plan.

G. Coordinate electrical, telecommunications, and IT security requirements with the City’s facilities and telecom staff.

H. Prepare a construction budget based on quantities and unit prices. Assist in value engineering as required.

I. Prepare a final Design Development package for review and comment.

J. Develop the project budget and implementation framework for operation and maintenance.

K. Cost estimation package 2 and 3 – Refine and provide the cost estimation during two milestones DD-50% and 100% DD.

L. Design Deliverables:

 

  • Architectural: Site Plan, Dimensioned Floor Plans indicating sizes and construction of all components, Roof Plan, Furnishing and Equipment Plan, Enlarged Plans and Sections, Room finish Plans/Schedule, Building Sections, Door and Window Schedules, Preliminary Wall Sections and Building Details, and Reflected Ceiling Plans.
  • Mechanical: Heating/Cooling Load Calculations, Equipment Schedules, HVAC Plans indicating main and branch ductwork and Equipment.
  • Plumbing: Plumbing Calculations, Fixture Schedules, Plumbing Plans indicating all Supply and Drainage piping and equipment.
  • Electrical: Floor Plans locating all equipment and loads, Site Plan with site lighting and fixture types, Lighting Plans with preliminary circuiting, Preliminary Panel Schedules.
  • Outline Specification: An outline specification describing in general the type of construction, materials, systems, and other pertinent information for all disciplines.
    • Cost Estimation: Design Development Estimate of Probable Construction Cost in CSI format updated and with additional detail from Schematic Level estimate
    • Site Development and Landscape: Site Design Development-parking and roadway design to meet the needs of the proposed rec center including SESC, grading, drainage, planting, and detail plans

VI. Sustainability Design

 

A. As outlined in the 2019 Sustainability Action Agenda and the pending Climate Action Strategy, the City of Detroit endeavors to reduce energy usage and carbon emissions and improve climate resilience through cost effective integration of efficiency, electrification and renewables measures in the design, building, and retrofitting of its buildings. The 2019 Greenhouse Gas Ordinance commits the City to reduce the CO2 emissions from City Operations by 35% by 2024, 75% by 2034, and has a goal to be carbon free by the year 2050.

(https://library.municode.com/mi/detroit/ordinances/code_of_ordinances?nodeId=100 3272)

 

B. The selected firm will be asked to review lighting, plumbing and mechanical systems to improve sustainability and maintenance cost reduction. Must provide a design to achieve advanced energy efficiency performance. Include both design (predicted) and operating (measured) Energy Use Intensity.

 

C. Bidder will offer a building design that has an energy use intensity (EUI) at project completion that will maximize the Energy Star Score possible for this property type. The bidder should outline in the design documents the final EUI and Energy Star Score and how the design will achieve that intent.

(https://www.energystar.gov/buildings/resources_topic/commercial_new_construction/design guidance)

D. Selected firm will incorporate sustainable site design to manage any impervious surfaces created by the project by incorporating stormwater management into road, parking lot, and building design.

 

E. Develop construction cost comparison to pursue a design to maximize the Energy Star Score where possible.

 

F. Deliverables:

 

  • Provide written description of all sustainable alternates that could be incorporated into the project
  • Develop construction cost comparison to purse the sustainable alternates what will help us maximize the Energy Start Scope where possible.
  • Once sustainable alternate is provided and approved by the DBA, incorporate into the design development and construction documents

 

VII.          Construction Documents

A. Based on approved Design Development package, prepare complete set of construction documents that outline the requirements of construction for the facility and site, including all architectural, structural, fire alarm/fire protection design, IT security, AV/IT plan, and mechanical, electrical, plumbing (MEP) engineering drawings, and site plans including SESC, grading, layout, planting, and detail plans. This should include project specifications detailing all materials and required quality levels.

B. Documentation will include submission of 30%, 60%, 90%, and 100% construction document bid sets for review, issued for permits, and issues for bid. (See Exhibit B for deliverables details)

C. During the 30%, 60%, 90%, and 100% a revised itemized Estimate of Probable Construction Cost should be updated and reflect the additional detail developed in the documents and the construction environment.

D. Assist in the preparation of a Bid Package for construction.

E. Provide an estimated timeline and lead time items needed to complete all construction services

F. Provide any required drawings for the coordination of fixtures, furniture and equipment.

G. Assist in the selection of construction contractor. Assist the city on bidding process, negotiation and awarding the contract.

H. Submit required stamped and sealed construction documents for required government permits and approvals. Review Plan Review and permit application and calculated fees with DBA project Manager PRIOR to submission. Add DBA project manager as a plan review/ permit delegate, with all permissions in ELAPS on-line application

I. Revise construction documents per City’s plan review comments as required.

J. Assist the City during the construction document bid process.

K. Deliverables:

  • See attached Exhibit B for expected level of document completion at 30,60, and 90% Construction Documents.

 

  VIII.        Construction Administration

A. In conjunction with selected construction contractor, review construction schedule.

B. Review and approve all request for information (RFI), shop drawings, project data, and samples for compliance with contract documents. Consult with the City as needed.

C. Conduct site visits for the purposes of construction observation, project review and general project oversight as needed. Coordinate site visits with the DBA and the selected contractor at major milestones might that include but is not limited to: after wall layout has been established, wall rough-in near completion, above ceiling rough-ins, during finishes installation, punch list walk.

D. Review and communicate with the city on any proposed change orders. Assist in the processing them for approval.

E. Participate at weekly construction project progress meetings and take meeting minutes.

F. Certify that all contractor work is performed and completed per the project’s construction documents.

G. At the completion of construction, perform all final project walk-throughs with the DBA for final Owner acceptance of the project.

H. Prepare a punch list and submit for a certificate of substantial completion.

I. Assist the City in securing a Certificate of Occupancy or other approvals as required.

 

IX.  Post Construction (Project Close Out):

 

i)     Supervise completion of all punch lists:

(a)  Coordinate final sign off with the DBA and the Mayor’s Office.

 

(2)  Coordinate the completeness and delivery of marked up “as-built” plans for incorporation into record drawings that meet the DBA’s requirements.

 

(3)  Obtain, review for completeness, and deliver operations and maintenance manuals and warranties to the DBA and the Mayor’s Office.

 

(4)  Arrange and coordinate the training of the facility with the DBA and the Mayor’s Office operations personnel, as required.

 

(5)  Receive and review warranties of the systems;

 

(6)  Ensure closure of all permits;

 

(7)  Address post construction insurance requirements;

 

(8)  Resolve all claims;

 

(9)  All other requirements of the General Terms and Conditions. 

 

(10)                Security – The Respondent will coordinate job site security from construction until acceptance of Certificate of Occupancy from the DBA.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

DRAWINGS

(For Reference Only)

 

 

  • Schematic Floor Plan – Second Floor - DDOT Dispatch

 

 

 

 

 

 

 

 

 

 

 

 

  • Schematic Floor Plans – First Floor - Transit Police and DDOT HR

 

 

 

EXHIBIT C

QUALIFICATIONS EVALUATION

           

This submittal will be used to evaluate and score the Respondent’s qualifications to perform this work.

Qualification Packets are to be no longer than twenty-five (25) pages in length, including photos. The Respondent must provide evidence of proven experience providing services of a similar scope. The DBA reserves the right to determine the similarity of any previous experience with the services sought through this RFQP.

The Qualification Evaluation Packet is to include the following:

1.  An organizational chart of the staff who will be dedicated to this project. This chart should clearly identify points of contact, roles, and responsibilities.

2.    Information outlining the experience and qualifications of all staff who will be assigned to work on this project. This information should include all of these staff members’ active licenses and certifications issued by the State of Michigan or other authorities.

3.    Documentation showing successful completion projects of a similar nature, scale, and complexity. At a minimum, this information must include (May list in Section 6A):

    1.                                   I.        Project name and location; and
    2.                                  II.        Contract holder and their contact information; and
    3.                                III.         Project description; and
    4.                                IV.        Start date and completion date; and
    4.    References who are willing and able to speak to Respondent’s qualifications and experience.
    5.    A detailed project scheduled
  1. 6.    Information on subcontractor, if applicable:
      1.                                   I.        Name & Address
      2.                                  II.        Equalization Eligibility/Certification (Attach if Applicable)
      3.                                III.         Experience & Capacity to perform the work

Any additional information that the Respondent would like to provide that can illustrate their qualifications, capacity, and ability to perform this project.

 

 

EXHIBIT D

DISPOSAL OF MATERIAL AFFIDAVIT

 

______________________________, a Corporation/Partnership/Limited Liability Company/Joint Venture of the State of __________________ hereby affirms that it is our intention to dispose of unused materials at one of the following sites; and that we have in our possession a valid purchase order, letter of credit, or written agreement from the operator of the disposal site:

 

(1)        Name:             ______________________________

 

           Location:         ______________________________

 

(2)        Name:             ______________________________

 

           Location:         ______________________________

 

Further, if these sites become unavailable, we will give prior notice to the DBA regarding the location of a new site.

 

Further, it is understood and agreed that dumping material at an unauthorized or illegal location shall be cause for cancellation of the remaining portion of the Contract Agreement and that neither the City of Detroit nor the DBA shall be held liable for any claim or cause of action arising there from.

 

Further, it is understood that the DBA may require written evidence, furnished upon request, (i.e. dump ticket, invoices, etc.) verifying that the above disposal sites were used for the disposal of materials under the Contract Agreement and that such evidence shall be.

 

 

                                                                              ______________________________________

                                                                              (Bidder)

 

                                                                              ______________________________________

                                                                              (Signature)

 

                                                                              ______________________________________

                                                                              (Title)

 

                                                                              ______________________________________

                                                                              (Date)

 

 

Subscribed and sworn to before me this _________ day of _______________________, 20__.

 

__________________________________

Notary Public, Wayne County, Michigan

My Commission Expires: _____________


 

EXHIBIT E

AFFIDAVIT OF NON-COLLUSION

 

I state that I am _____________________________________ (title) of ___________________________ (name of company/bidder) and that I am authorized to make this affidavit on behalf of my company, and its owners, directors, and officers.

I state that:

(1)        The price(s) and amount of this Proposal have been arrived at independently and without consultation, communication or agreement with any other proposer or potential proposer.

(2)        Neither the price(s) nor the amount of this Proposal, and neither the approximate price(s) nor approximate amount of this Proposal, have been disclosed to any other company or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening.

(3)        No attempt has been made or will be made to induce any company or person to refrain from bidding on this contract, or to submit a proposal higher than this Proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal.

(4)        This Proposal is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any company or person to submit a complementary or other noncompetitive proposal.

(5)        ________________________________________ (name of company/bidder), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix.

I hereby affirm that the facts and information contained above are true and correct.  I further affirm that________________________________________ (name of company/bidder) understands and acknowledges that the above representations are material and important, and will be relied on by the City of Detroit in awarding the contract(s) for which this Proposal is submitted.  I understand and my company understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of Detroit of the true facts relating to the submission of Proposals for this contract.

 

[Signature on following page]

 

 

 

 

 

 

 

 

_________________________________________________

(Company/Bidder Name)

_________________________________________________

            (Authorized Signature)

            _________________________________________________

             (Title/Position)

            Sworn to and subscribed before me this _______ day of __________________, 2021.

            ______________________________________

            Notary Public

            County of:       __________________________

            State of:          __________________________

            My commission expires: __________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT F

Equalization Credit Statement (Effective March 1, 2019)

 

The City of Detroit through its Office of Contracting and Procurement and its department of Civil Rights, Inclusion & Opportunity where applicable and allowed by law that all certified businesses will receive equalization credits and competitive advantages for procurement and contracting bidding opportunities with the City of Detroit.

Under Section 18-5-12 of the Detroit City Municipal Code, vendors qualify for equalization credits if they have been certified as a Detroit Based (D-BB) or Detroit Resident Business (D-RB). There are additional equalization credits for those businesses who are also Detroit Headquartered (D-HB), Detroit Based Small Business (D-SB), Detroit Based Micro Business (D-MB), Joint Venture, or Mentor Venture.

 

If your company has been certified by the City’s Civil Rights, Inclusion & Opportunity Department include your valid Business Certificate at the time you submit your bid in order to receive equalization pricing credits, if any.

If your company is not certified and is interested in becoming certified or want to learn more about the many benefits of certification please call 313.224.4950 or email CivilrightsCert@detroitmi.gov.

More information can be found at: www.detroitmi.gov/departments/civil-rights-inclusion-opportunity-department/certification-and-business-registry.

If proposing a Joint Venture, include a copy of the written agreement at the time you submit your bid in order to receive equalization pricing credits, if any, between the separate firms, one of which must be a D-BB, D-SB, D-RB, or D-MB (include their Business Certificate), which has been created to perform a specific contract, and at a minimum:

  • Substantially included in all phases of the contract, including, but not limited to bidding and staffing;
  • Provides at least fifty-one percent (51%) of the total performance, responsibility, and project management of a specific job;
  • Receives at least fifty-one percent (51%) of the total remuneration from a specific contract; and
  • Shares in profits and losses.

 

If proposing a Mentor Venture, include a copy of the written agreement at the time you submit your bid in order to receive equalization pricing credits, if any, between the separate firms, one of which must be a D-BB, D-SB, D-RB, or D-MB (include their Business Certificate), which has been created to perform a specific contract, and at a minimum:

  • Substantially included in all phases of the contract, including, but not limited to bidding and staffing;
  • Provides at least thirty percent (30%) of the total performance, responsibility, and project management of a specific job;
  • Receives at least thirty percent (30%) of the total remuneration from a specific contract; and
  • Shares in profits and losses.

 

Equalization Allowance Table for Detroit Based Business and Detroit Resident Business

Contract Amount

Equalization Percentage

Up to $10,000.00

5%

$10,000.01 to $100,000.00

4%

$100,000.01 to $500,000.00

3%

$500,000.01 and over

2%

 

Additional Equalization Allowance Table

Detroit Headquartered Business

3%

Detroit Small Business*

1%

Detroit Micro Business*

2%

Joint Venture**

2%

Mentor Venture**

1%

 

*Business can only be either Detroit Small Business or Detroit Micro Business; it cannot be both.

**Business can only be either a Joint Venture or Mentor Venture; it cannot be both.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT G

EXECUTIVE ORDER 2021-02

 

 

TO:                  ALL BOARDS, COMMISSIONS, DEPARTMENT DIRECTORS, CITY COUNCIL MEMBERS, CITY CLERK.

 

FROM:           MICHAEL E. DUGGAN, MAYOR

SUBJECT: UTILIZATION OF DETROIT RESIDENTS ON PUBLICLY­ FUNDED CONSTRUCTION AND DEMOLITION/REHAB PROJECTS

DATE:            APRIL 14, 2021

 

 

WHEREAS, the economic revitalization of Detroit depends upon the employment of Detroit residents and the availability of a local skilled workforce; and

WHEREAS, it is the policy of this Administration to encourage and maximize employment opportunities for well-trained Detroit residents through contracts with the City contracts and in projects funded or financially assisted by the City;

THEREFORE, this Executive Order directs any person or entity entering into a publicly-funded construction project or a publicly-funded demolition/rehab project to implement specific residency targets for its workforce, as follows. Other persons or entities doing business with the City, but not subject to this Executive Order, may voluntarily agree to be bound by some or all of the substantive requirements set forth herein.

 

  1. The term "publicly-funded construction project," for purposes of this Executive Order, means:

 

(a)                 any construction project performed under a contract, the value of which is more than $3,000,000.00 (Three Million Dollars), made by the City with any person or entity; and

 

(b)                 any construction project for which the City, public or quasi-public entities affiliated with the City, or any of their agents or contractors provides funds or financial assistance via any of the following methods, where total value of such assistance is morethan$3,000,000.00 (Three Million Dollars):

 

(1)              The sale or transfer of land below its appraised value;

 

(2)              Direct monetary support; ·

 

(3)              Public contributions originated by the State of Michigan or its agencies, the United States government or its agencies, or any other non-City government

entity, for which City approval is required and obtained; or

 

 

(4)              Tax increment financing. For purposes of calculating the total assistance directly provided through tax increment financing, tax revenue that would have accrued to all government entities shall be counted.

 

  1. The term "publicly-funded demolition/rehab project," for purposes of this Executive Order, means any demolition or rehabilitation of one or more residential buildings performed under the Proposal N Neighborhood Improvement Plan, under a contract, the value of which is more than $50,000 (Fifty Thousand Dollars), made by the City with any person or entity.

 

  1. A "bona-fide Detroit resident," for purposes of this Executive Order, means an individual who can demonstrate residency in the City of Detroit as of a date at least thirty (30) days prior to the date the individual seeks to be employed on a publicly-funded construction project or publicly-funded demolition/rehab project. An individual may demonstrate residency by producing at least one item from each of the two lists below that includes an address located in the City of Detroit. Other forms of proof-of-residency may be accepted under unique circumstances.

 

(a)              State of Michigan identification card, State of Michigan driver's license, or Detroit municipal ID; and

(b)              Voter Registration Card, Motor Vehicle Registration, most recent federal, state, or City of Detroit tax return, lease/rental agreement, most recent utility bill or utility affidavit signed by a landlord with respect to a leased residence, or most recent municipal water bill.

 

  1. All contracts with the City, and all sub-contracts thereof, for a publicly-funded construction project or a publicly-funded demolition/rehab project shall require at least 51% of the workforce for such project to be bona-fide Detroit residents. This requirement shall be referred to as the "Workforce Target." The Workforce Target shall be measured by the hours worked by bona-fide Detroit residents on the publicly-funded construction project or publicly­ funded demolition/rehab project.

 

  1. Developers, general contractors, prime contractors and subcontractors on publicly-funded construction projects and publicly-funded demolition/rehab projects are all required to comply with the terms of this Executive Order. Collectively, these entities are hereinafter referred to as "contractors." It is, however, the sole responsibility of the person or entity contracting directly with the City of Detroit to require all of its subcontractors either to

(a) meet the Workforce Target; or (b) make the required contribution to the City's Workforce Training Fund, as provided in Paragraph 6 of this Executive Order. Contractors may utilize local unions, Detroit Employment Solutions Corporation, or other entities to help meet the Workforce Target. Failure to satisfy the requirements of this Executive Order shall constitute a material breach of contract and may result in the immediate termination of the contract.


  1. Upon execution of a contract for a publicly-funded construction contract or publicly-funded demolition/rehab project, the City of Detroit's Civil Rights, Inclusion and Opportunity Department ("CRIO") shall determine whether the Workforce Target in the contract shall be measured periodically either (a) monthly or (b) quarterly. This period shall be referred to as the "measurement period." Thereafter, for the duration of the construction project, the contractor shall, at the end of each measurement period, submit to CRIO a report indicating:

 

(a)               The total hours worked on the project during the preceding measurement period ("total work-hours");

(b)              The total hours worked on the project by bona-fide Detroit residents during the preceding measurement period; and

 

(c)               If applicable, the amount by which the contractor fell short of meeting the Workforce Target. A contractor falling short of the Workforce Target shall report both (a) the raw number of total work-hours by which the contractor fell short of the Workforce Target; and (b) the percentage of total work-hours by which the contractor fell short of the Workforce Target.

 

  1. A contractor who does not meet the Workforce Target in any measurement period shall help strengthen Detroit's workforce by making a monetary contribution to the City's CRIO-administered Workforce Training Fund, thereby supporting the skill development of Detroit residents. The required contribution for any contractor who does not meet the Workforce Target shall be the sum of the following:1

 

(a)              For each work-hour comprising the first 10% of total work-hours by which the contractor fell short of the Workforce Target, 5% of the average hourly wage paid by the contractor during the preceding measurement period.

 

(b)              For each work-hour comprising the second 10% of total work-hours by which the contractor fell short of the Workforce Target, 10% of the average hourly wage paid by the contractor during the preceding measurement period.

 

(c)               For each work-hour comprising the remaining 31% of total work-hours by which the contractor fell short of the Workforce Target, 15% of the average hourly wage paid by the contractor during the preceding measurement period.

 

  1. For a publicly funded construction project, if a contractor contracts for labor through a union that is meeting the goals set for it under the Detroit Skilled Trades Employment Program, that contractor will be deemed to have met the Workforce Target with respect to the labor for which it contracted through such a union.


1 Thus, for example, if 25% of the total work-hours performed on a publicly-funded construction project were performed by bona-fide Detroit residents, the contractor will have fallen short of the Workforce Target by 26% of the total work-hours. That contractor's minimum required contribution would be the sum of(l) 5% of the average hourly wage for 10% of the total work-hours; (2) 10% of the average hourly wage for 10% of the total work-hours; and (3) 15% of the average hourly wage for 6% of the total work-hours.


CRIO will make a periodic determination whether a union participating in the Detroit Skilled Trades Employment Program is meeting its established goals under that Program. For purposes of calculating a contractor's compliance with the Workforce Target, a union which, as of the date a contractor executes a contract or subcontract for a publicly-funded construction project, is meeting its goals under the Program shall be deemed to have no less than 51% of the hours worked by its members on the publicly-funded construction project worked bybona­ fide Detroit residents. If bona-fide Detroit residents actually account for more than 51% of the hours worked by union members on a publicly-funded construction project, that actual percentage may be used for purposes of calculating compliance with the Workforce Target.

 

  1. For a publicly-funded demolition/rehab project, if bona-fide Detroit residents actually account for more than 51% of the hours worked and the contractor pays for its Detroit employees to be trained under a DOL approved apprenticeship program, that contractor will be deemed to have met the Workforce Target. For purposes of publicly-funded demolition/rehab projects only, any contractor who fails to meet the Workforce Target will contribute $200 per employee to the Workforce Training Fund.

 

  1. If CRIO determines a contractor is in non-compliance with the requirements of this Order, CRIO will notify the contractor, in writing, of the contractor's non-compliance.

 

If a contractor wishes to challenge a finding of non-compliance, the contractor may, within fifteen

(15)  days of the notice of non-compliance, file with CRIO a written notice challenging the finding of non-compliance, and detailing the reasons for that challenge. The challenge will then be forwarded to a panel of (1) the City's Corporation Counsel or his/her designee; (2) the head of the Department of Administrative Hearings or his/her designee; and (3) the Director of the Buildings, Safety, Engineering, and Environment Department, or his/her designee. The panel shall adjudicate the challenge and issue a written decision. The panel may, but need not, schedule an oral hearing on the challenge.

 

If, following written notice of non-compliance and the adjudication of any challenge, the contractor fails or refuses to take corrective actions within thirty (30) days, the City may do any of the following:

 

(a)               withhold from the contractor all future payments under the contract until it is determined that the contractor is in compliance;

 

(b)               refuse all future bids on City projects or applications for financial assistance in any form from the City or any of its departments, until such time as the contractor demonstrates that it has cured its previous non-compliance;

 

(c)               debar the contractor from doing business with the City for a period of up to one year.

 

In addition, the City reserves the right to re-bid the contract, in whole or in part, or hire its own workforce to complete the work.

 

  1. All construction contracts, construction contract amendments, change orders and extensions subject to this Executive Order shall include the applicable terms of this

Executive Order. CRIO shall have the responsibility for preparing administrative guidelines related to this Executive Order, and for monitoring and enforcing the provisions of this Executive Order.

 

  1. Notwithstanding anything to the contrary set forth herein, the requirements set forth in Paragraphs 4 through 11 of this Executive Order shall not apply to any publicly­ funded construction contract or publicly-funded demolition/rehab contract, or part thereof, that is funded by a grant awarded by a federal, state, or other governmental entity , the terms of which prohibit the implementation of any such requirements .

 

Pursuant to the powers vested in me by the 1963 Michigan Constitution and by the 2012 Detroit City Charter, I, Michael E. Duggan, Mayor of the City of Detroit, issue this Executive Order. This Executive Order is effective upon its execution and filing with the City Clerk and supersedes Executive Order No. 2020-5 , issued by me on November 20, 2020. This Executive Order shall not alter or affect the operation of any prior Executive Order with respect to any publicly-funded construction project on which construction activities have commenced as of the date of this Executive Order.

 

 

 
 -

MAYOR

CITY OF DETROIT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT H

 

Vendor Clearances

 

The city has moved to an online combined clearance application. Please submit your clearance application online: https://detroitmi.gov/departments/office-chief-financial-officer/ocfo-divisions/office-treasury/clearances.

 

Vendors must have their approved clearances through the city prior to beginning work.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT I

 

City of Detroit

Office of Contracting and Procurement CONSOLIDATED AFFIDAVITS

The following attestations must be provided to the City of Detroit as part of the contract approval process. Please fill out required information, attach required supplemental documents and have it notarized before uploading

 

  1. I.                    HIRING POLICY COMPLIANCE

 

 

I                                , being duly sworn, state that I am the                             of

 

                                          , and that I have reviewed the hiring policies of this employer, I affirm that these policies are in compliance with the requirements of Chapter 17, Article V, Division 6 of the 2019 Detroit City Code, being Sections 17-5-261 through 17-5-266 thereof. I further affirm that this employer will not inquire or consider the criminal convictions of applicants for employment needed to fulfill the terms of any City contract that may result from the competitive procedure in connection with which this affidavit is submitted, until such times as the employer interviews the applicant or determines that the applicant is qualified.

 

In support of this affidavit, I HAVE ATTACHED A COPY OF THE APPLICATION that will be used to hire employees needed to fulfill the terms of any City contract that may result from the competitive procedure in connection with which this affidavit is submitted.

 

 

II.                 SLAVERY ERA RECORDS AND INSURANCE, AND PRISON INDUSTRY AND IMMIGRATION DETENTION SYSTEM RECORDS AND INTERESTS DISCLOSURE

 

  1. Name of Contractor:                                                                                               

 

  1. Address of Contractor:                                                                                           

 


 

 


 

 

  1. Name of Predecessor Entities (if any):                                                                

 


 

 

 

  1. Prior Affidavit Submission?              No ______Yes, on: __________________          

              (Date of prior submission)

 

  1.        Contractor was established in (year) and did not exist during the slavery era in the United States, is not a successor in interest to any entity that existed during such time, and therefore has no relevant records to search, or any pertinent information to disclose.

 

OR

 

      Contractor has searched its records and those of any predecessor entity, and has found no record that Contractor or any predecessor(s) made any investments in, or derived profits from, the slave industry or slave holder insurance policies.

 

OR

 

       Contractor has found records that Contractor or its predecessor(s) made investments in, or derived profits from, the slave industry or slave holder insurance policies. The nature of the investment, profits, or insurance policies, including the names of any slaves or slave holders, is disclosed in the attached document(s).

 

  1.        Contractor has searched its records and those of any and all predecessor entities, and has found no record that indicate Contractor or its predecessor(s) have used inmate labor, or have derived income directly from, or have had any investments in, the construction, operations, services or activities of prisons.

OR

 

      Contractor has found records that indicate Contractor or its predecessor(s) have used inmate labor, or have derived income directly from, or have had any investments in, the construction, operations, services or activities of prisons. The nature of the use of inmate labor, profits, or investments is disclosed in the attached document(s).

 

 

  1.        Contractor has searched its records and those of any and all predecessor entities, and has found no record that indicates Contractor or its predecessor(s) have derived any income directly from, or have had any investments in, the construction, operations, services, or activities of facilities in the United States that are used for the detention of persons who are not citizens or nationals of the United States.

OR

 

      Contractor has found records that indicate Contractor or its predecessor(s) have derived any income directly from, or have had any investments in, the construction, operations, services, or activities of facilities in the United States that are used for the detention of persons who are not citizens or nationals of the United States. The nature of the profits or investments is disclosed in the attached document(s).

 

I declare that the representations made in this Affidavit are accurate to the best of my knowledge and are based upon a diligent search of records in the Contractor’s possession or knowledge, and that all documentation attached to this Affidavit reflects full disclosure of all records that are required to be disclosed to the City of Detroit. I also acknowledge that any failure to conduct a diligent search, or to make a full and complete disclosure, shall render this contract voidable by the City of Detroit.

  1. III.           COVENANT OF EQUAL OPPORTUNITY

 

I,                                            being a duly authorized representative of                         ,

(hereinafter “Contractor”), am hereby authorized to enter into a Covenant of Equal Opportunity, (hereinafter “Covenant”) with the City of Detroit, (“hereinafter” City); obligating the Contractor and all sub-contractors, not to discriminate against any employee or application for employment, training, education, or apprenticeship connected directly or indirectly with the performance of the contract, with respect to his/her hire, promotion, job, assignment, tenure, terms, conditions, or privileges of employment because of race, color, religious beliefs, public benefit status, national origin, age, marital status, disability, sex, sexual orientation, or gender identity or expression; except as otherwise exempted under Section 23-2-6 of the 2019 Detroit City Code.

 

Contractor will ensure that the City of Detroit Human Rights Department shall receive notification of all potential sub-contractors and a copy of their Covenant prior to the commencement of work on any City of Detroit contract. Contractor further agrees that the City of Detroit reserves the right to require additional information prior to, during, and at any time until after the Covenant is fully executed.

 

Furthermore, Contractor agrees that this Covenant is valid for the life of the contract and/or for a specified period of time as indicated below and that a breach of this Covenant shall be deemed a material breach of contract and be subject to damages pursuant to Section 23-4-11(e) of the 2019 Detroit City Code.

 

RFQ/PO No.: (if applicable)

 

Duration of Covenant                                                    to                                                         

 

 

 

IV.              STATEMENT OF POLITICAL CONTRIBUTIONS AND EXPENDITURES

 

City Charter Sec. 4-122: For purposes of conflicts of interest, the City shall require in all of its contractual agreements, including, but not limited to, leases, service and equipment agreements and including contract renewals, that the contractor provide a statement listing all political contributions and expenditures (“Statement of Political Contributions and Expenditures”), as defined by the Michigan Campaign Finance Act, MCL 169.201, et seq., made by the contractor, its affiliates, subsidiaries, principals, officers, owners, directors, agents or assigns to elective city officials within the previous four (4) years. Individuals shall also list any contributions or expenditures from their spouses.”

 

Instructions: In accordance with Sec. 4-122 of the 2012 Detroit City Charter, please provide the following information. If additional space is needed, please enter “see additional sheet(s)” on the last row and attach additional sheets.

 

In Column A, enter the name of the person or company that made the contribution or expenditure. If there were no political contributions or expenditures made, enter NONE.

 

In Column B, enter the relationship of the donor to the contractor or vendor, that is, contractor, affiliate, subsidiary, principal, officer, owner, director, agent, assignee, or spouse of any of the foregoing who are individuals.

 

In Column C, enter the name of the recipient, an elective city official which under Charter § 3-107, includes only the Mayor, the City Clerk, and members of the City Council and the Board of Police Commissioners.

 

In Column D, enter the amount of the contribution or expenditure, as defined in the Michigan Campaign Finance Act, 1976 PA 388, MCL 169.204 and MCL 169.206.

 

In Column E, enter the date of the contribution or expenditure. This statement must include all contributions and expenditures within the previous four years.

 

A                                 B                                 C                                 D                                 E

 

 

Donor

 

Relationship to Contractor/Vendor

 

 

Recipient

Amount of Contribution or Expenditure

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Except as set forth above, I certify that no contributions or expenditures were made to elective city officials within the previous four (4) years by the contractor, its affiliates, subsidiaries, principals, officers, owners, directors, agents, assigns, and, if any of the foregoing are individuals, their spouses.

SIGNATURES AND ACKNOWLEDGEMENT:

 

I understand that the information provided in this consolidated affidavit will be relied upon by the City of Detroit in awarding the proposed bid, solicitation, contract, or lease. I swear or affirm that I have read this document, that I the authority to provide these disclosures and to bind the Contractor, and that the information provided herein is accurate. I have attached all required supplemental documents.

 

Sign name:                                                                       

 

Print name:                                                                       

 

Title:                                                                                   

 

 

STATE OF MICHIGAN

                COUNTY

)

)

 

 

Sworn and subscribed to before me on                        ,20__, by __________________

Date                                                                       Name

 

the                                          of

Title                                                         Contractor

 

 

 

Sign:                                                                    

 

Print:                                                                     

 

Notary Public,                           County, Michigan Acting in                       County

My Commission Expires:                           

 

 

EXHIBIT J

 

CORPORATION CERTIFICATE OF AUTHORITY

 

I, _______________________________________________­­­­­__________, Corporate Secretary of

                                         (name of corporate secretary)

 

_________________________________________________, a __________________________________

                        (complete name of corporation)                                           (state of incorporation)

 

__________________________ corporation (the “Corporation”), DO HEREBY CERTIFY that the

     (non-profit or for profit)

following is a true and correct excerpt from the minutes of the meeting of the Board of Directors

 

duly called and held on ___________________, and that the same is now in full force and effect: 

                                            (date of meeting)

 

RESOLVED, that the Chairman, the President, each Vice President, the Treasurer,

and the Secretary and each of them, is authorized to execute and deliver, in the name

of and on behalf of the Corporation and under its corporate seal of otherwise, any agreement or other instrument or document (‘Contract’) in connection with any matter

or transaction that shall have been duly approved; and the execution and delivery of

any Contract by any of the aforementioned officers shall be conclusive evidence of such approval.”

 

FURTHER, I CERTIFY that _________________________ is Chairman

________________________________________________________ is President,

________________________________________________________ is/are Vice President(s),

________________________________________________________ is Treasurer,

________________________________________________________ is Secretary,

________________________________________________________ is Executive Director, and

________________________________________________________ is __________________.

 

           FURTHER, I CERTIFY that any of the aforementioned officers or employees of the Corporation are authorized to execute and commit the Corporation to the conditions, obligations, stipulations and undertakings contained in the foregoing Contract between the City and the above-referenced Corporation and that all necessary corporate approvals have been obtained in relationship thereto.

 

           IN WITNESS THEREOF, I have set my hand this _____ day of __________, 20__.

CORPORATE SEAL

           (if any)

                                                                       __________________________________

                                                                       Corporation Secretary

 

PLEASE NOTE THAT THE PERSON WHO SIGNS THE CONTRACT ON BEHALF OF YOUR CORPORATION MUST BE ONE OF THE INDIVIDUALS LISTED ABOVE AS PERSON AUTHORIZED TO EXECUTE CONTRACTS IN THE NAME OF AND ON BEHALF OF THE CORPORATION.

LIMITED LIABILITY COMPANY

 

CERTIFICATE OF AUTHORITY

 

I, ______________________________________________________, a Manager or Member of

                                         (name of manager)

______________________, L.L.C, a limited liability company (the “Company”), DO HEREBY

      (name of company)

CERTIFY that I am a Manager or Member of the Company who has the authority to act as an agent of the Company in executing this Certificate of Authority. I further certify that the following individuals are Managers or Members of the Company who have the authority to execute and commit the Company to the conditions, obligations, stipulations and undertakings contained in the foregoing Contract between the City and the Company:

___________________________________             ____________________________________

___________________________________             ____________________________________

___________________________________             ____________________________________

___________________________________             ____________________________________

 

           FURTHER, I CERTIFY that all necessary approvals by the Managers or Members of the Company have been obtained with respect to the execution of said Contract.

 

           IN WITNESS THEREOF, I have set my hand this _____ day of ________, 20__.

COMPANY SEAL

        ( if any )

 

 

                                                                       ____________________________________

                                                                       Manager or Member

 

PLEASE NOTE THAT THE PERSON WHO SIGNS THE CONTRACT ON BEHALF OF YOUR LIMITED LIABILITY COMPANY MUST BE ONE OF THE INDIVIDUALS LISTED ABOVE AS A PERSON AUTHORIZED TO EXECUTE CONTRACTS IN THE NAME OF AND ON BEHALF OF THE LIMITED LIABILITY COMPANY.

 

 

 

 

 

PARTNERSHIP

CERTIFICATE OF AUTHORITY

 

           I, __________________________, A General Partner in _________________________,

                      (name of general partner)

 

a __________________________ County, _________________ Partnership (“the Partnership”)

        (county of registration)                  (state in which county lies)

 

DO HEREBY CERTIFY that I am a General Partner in the Partnership formulated pursuant to

a Partnership Agreement dated ______________________, and that the following is a true and

                                                         (date of meeting)

 

correct excerpt from the minutes of the meeting of the General Partnership held on ___________

and that the same is now in full force and effect:

RESOLVED, that each General Partner is authorized to execute and deliver, in the name and on behalf of the Partnership, any agreement or other instrument or document (‘Contract’) in connection with any matter or transaction that shall have been duly approved; and the execution and delivery of any Contract by a general partner shall be conclusive evidence of such approval.”

 

FURTHER, I CERTIFY that the following persons are General Partners:

 

____________________________________           ____________________________________

____________________________________           ____________________________________

____________________________________           ____________________________________

____________________________________           _____________________________________

 

            FURTHER, I CERTIFY that any of the aforementioned General Partners of the Partnership are authorized to execute and commit the Partnership to the conditions, obligations, stipulations and undertakings contained in the foregoing Contract between the City and the above-referenced partnership that all necessary approvals have been obtained in relationship thereto.

 

            IN WITNESS THEREOF, I have set my hand this ______ day of ________, 2021.

CORPPORATE SEAL

            (if any)

 

                                                                       ____________________________________

                                                                       General Partner

PLEASE NOTE THAT THE PERSON WHO SIGNS THE CONTRACT ON BEHALF OF YOUR PARTNERSHIP MUST BE ONE OF THE INDIVIDUALS LISTED ABOVE AS A PERSON AUTHORIZED TO EXECUTE CONTRACTS IN THE NAME OF AND ON BEHALF OF THE PARTNERSHIP.

UNINCORPORATED ASSOCIATION

CERTIFICATE OF AUTHORITY

 

I, _____________________________, Secretary of ____________________________,

       (name of association secretary)

 

an unincorporated association (the “Association”), DO HEREBY CERTIFY that the

 

following is a true and correct excerpt from the minutes of the meeting of the Board of

 

Directors duly called and held on ______________, and that the same is now in full

                                                      (date of meeting)

Force and effect:

 

“RESOLVED, that the Chairman, the President, each Vice President, the Treasurer, and the Secretary and each of them, is authorized to execute and deliver, in the name of an on behalf of the Association and under its Association seal or otherwise, any agreement or other instrument or document (‘Contract”) in connection with any matter or transaction that shall have been duly approved; and the execution and delivery of any Contract by any of the aforementioned officers shall be conclusive evidence of such approval.”

 

FURTHER, I CERTIFY that _________________________ is Chairman

________________________________________________________ is President,

________________________________________________________ is/are Vice President(s),

________________________________________________________ is Treasurer,

________________________________________________________ is Secretary,

________________________________________________________ is Executive Director, and

________________________________________________________ is __________________.

 

FURTHER, I CERTIFY that any of the aforementioned officers of the Association are authorized to execute or guarantee and commit the Association to the conditions, obligations, stipulations, and undertakings contained in the foregoing Contract between the City and the above-referenced Association and that all necessary Association approvals have been obtained in relationship thereto.

 

IN WITNESS THEREOF, I have set my hand this _______ day of ________, 2021.

CORPORATE SEAL

        (if any)

                                                            __________________________________

                                                            Association Secretary

 

PLEASE NOTE THAT THE PERSON WHO SIGNS THE CONTRACT ON BEHALF OF YOUR ASSOCIATION MUST BE ONE OF THE INDIVIDUALS LISTED ABOVE AS A PERSON AUTHORIZED TO EXECUTE CONTRACTS IN THE NAME OF AND ON BEHALF OF THE ASSOCIATION.

EXHIBIT K

 

DEBARMENT SUSPENSION AFFIDAVIT

 

STATE OF _____________               )

                                                            ) ss

COUNTY OF _____________           )

 

            I, __________________________________, being first duly sworn deposes and says as follows:

 

  1. That I am

 

_____________________________________________________________,

(owner, partner, officer, representative, or agent)

 

of _________________________________, the respondent that has submitted the attached proposal.

 

  1. That I am fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid.

 

  1. That statements in this affidavit apply to bidder’s parent, subsidiaries, affiliates, joint venture partner and any person who owns ten (10%) percent or more of the bidder.

 

  1. That the bidder has not been determined to not be responsible by any agency requesting bids or qualifications for a project.

 

  1. That the bidder has not been debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded or disqualified from bidding or contracting.

 

  1. That no government or other public agency has requested or required enforcement of any of its rights under a surety agreement on the basis of the bidder’s default or in lieu of declaring bidder in default.

 

  1. That there are no proceedings pending relating to bidder’s responsibility, debarment, suspension, voluntarily exclusion or qualifications to receive a public contract.

 

  1. That bidder is not the subject of any pending investigation by any grand jury, commission, committee or other entity or agency or authority of any state or the federal government in connection with the commission of a crime.

 

  1. That within the past five (5) years, bidder has not refused to testify or to answer any question concerning a bid or contract with any federal, state or local governmental entity, any public authority or other public entity when called before a grand jury or other committee, agency or forum which is empowered to compel the attendance of witnesses and examine them under oath.

 

  1. That bidder has not within the three-year period preceding this bid had one or more public transactions (federal, state or local) terminated for cause or default.

 

  1. That, if during the term of any contract with ______________, bidder determines that any statement in this affidavit is untrue, bidder will promptly disclose in writing and in detail to ________________ the facts which cause the statement(s) in this affidavit to be untrue.

 

  1. That if for any reason the affiant cannot truthfully execute this affidavit, bidder will attach to this affidavit a detailed explanation of the reasons for its inability to truthfully execute this affidavit.

 

Further the affiant saith not.

[COMPANY]

By:  ____________________________

Its:  ____________________________

Subscribed and sworn to before me this

____ day of ______________, 20__.

_________________________________

Notary Public, County of Wayne

State of Michigan

My Commission Expires: ____________

 

 

 

EXHIBIT L

FINANCIAL STATEMENTS AFFIDAVIT

 

Were the financial statements required by and submitted to the surety company that will provide payment and performance bonds for this project solely the financial statements of the Respondent, or were such financial statements inclusive of or supplemented by the financial statements or assets of a parent company, subsidiary company, affiliated company or other guarantor or indemnitor?  The Affidavit below is to be submitted in response to this question.

 

AFFIDAVIT

 

            I, ___________________________________, the duly authorized representative of __________________, being duly sworn, hereby certify and affirm that the repayment of funds paid on claims on the payment and performance bonds issued for the ________________________________________________________________ Project (the “Project”) is secured solely by the assets of __________________.

 

If the financial statements submitted to the company’s surety company for the Project were inclusive of or supplemented by other companies, guarantors or indemnitors, please list below the name(s) and address(es) of such other company (ies), guarantor(s) or indemnitor(s).

 

  1. ____________________________

____________________________

____________________________

____________________________

 

  1. ____________________________

____________________________

____________________________

____________________________

 

  1. ____________________________

____________________________

____________________________

____________________________

 

  1. ____________________________

____________________________

____________________________

____________________________

 

Further, the affiant deposes and saith not.

 

 

                                                                                    [COMPANY]

 

 

                                                                                   

                                                                                    By:  __________________________

 

                                                                                    Its:  __________________________

 

STATE OF MICHIGAN           )

                                                )  SS.

COUNTY OF ___________   )

 

 

            The foregoing instrument was acknowledged before me this ____ day of __________________, 20__, by _______________________________, the ____________________________________ of ______________________________________ on behalf of said corporation.

 

 

                                                                         ______________________________, Notary Public

                                                                                                     _____________ County, Michigan

                                                                        My Commission Expires: ________________

Exhibit M

RESPONDENT QUESTIONAIRE

 

PART 1 – RESPONDENT EXPERIENCE / ORGANIZATION

  1. 1.    Respondent’s Contact Information

 

Complete the following table for your Sole Point of Contact During RFP Process.

Single Point of Contact for RFP

Respondent Response

  1. Name

 

  1. Title

 

  1. Address

 

  1. E-mail

 

  1. Phone Number

 

 

Complete the following table for your firm’s Partner and or Manager(s) that will be in charge of this project if awarded.

Partner and or Manager Contact Details

Respondent Response

  1. Name

 

  1. Title

 

  1. Address

 

  1. E-mail

 

  1. Phone Number

 

 

 

 

 

 

 

 

 

  1. 2.    Respondent Background Information

 

Complete this table with your background information. Proposals by a partnership or joint venture shall list the full names and addresses of all parties to the joint venture by completing this table for all parties.

 

Respondent Response

  1. Full legal business name.

 

  1. Full legal business address of the firm’s principal place of business and, if different, the location of the place of performance of the contract.

 

  1. Business entity designation, e.g., sole proprietor, Inc., LLC, or LLP.

 

  1. Current tax status and Federal Employer Identification Number (FEIN) (if applicable).

 

  1. State company formed in.

 

  1. Company phone number.

 

  1. Website address (if applicable).

 

  1. Number of years in business.

 

  1. Average number of employees during each of the last three (3) years.

 

  1. Does your company have experience working with the City of Detroit? If so, please list the contracts you hold or have held with the City of Detroit for the last 5 years.

 

  1. Identify any claims or lawsuits that have been brought against your organization as a result of any services provided within the last ten (10) years.

 

  1. Identify any projects in which your contract was terminated for any reason.

 

 

 

  1. 3.    Prior Experience (Respondent)

 

Describe at least three (3) relevant experiences from the last five (5) years supporting your ability to successfully manage a contract of similar size and scope for the work described in this RFP, by completing the table(s) below. This shall include a description of your firms experience with A/E services and community Engagement services related to designing a cost-efficient recreation centers, parks, or similar municipality facilities as it pertains to the requirements of the project.

 

 

Reference Form #1

Respondent Response

  1. Name of Reference (Company Name)

 

  1. Project Name/Title

 

  1. Client Location

 

  1. Contact Person Name

 

  1. Contact Person Title

 

  1. Contact Person Phone Number

 

  1. Contact Person E-mail Address

 

  1. Dates of Service (mm/yy – mm/yy)

 

  1. Description of Services Provided

 

  1. Detail your experience in working on recreation centers, parks, or similar. Include information on how you worked with on-site management personnel, patrons, and ownership to ensure that the construction work and patron safety/satisfaction were seamless

 

  1. Identify any other unique challenges/approaches that you have experienced that will assist the Owner with a successful project.

 

 

 

  1. The firm must describe its philosophy, experience, and methodology in value engineering, identifying, and mitigating project risks beyond General Contractor control and constructability analysis. Provide examples of both value engineering reports and risk/constructability analyses developed and utilized on prior projects and the results obtained.

 

  1. Identify respondent’s key personnel working on this project (if applicable)

 

 

 


Reference Form #2

Respondent Response

  1. Name of Reference (Company Name)

 

  1. Project Name/Title

 

  1. Client Location

 

  1. Contact Person Name

 

  1. Contact Person Title

 

  1. Contact Person Phone Number

 

  1. Contact Person E-mail Address

 

  1. Dates of Service (mm/yy – mm/yy)

 

  1. Description of Services Provided

 

  1. Detail your experience in working on recreation centers, parks, or similar. Include information on how you worked with on-site management personnel, patrons, and ownership to ensure that the construction work and patron safety/satisfaction were seamless

 

  1. Identify any other unique challenges/approaches that you have experienced that will assist the Owner with a successful project.

 

 

 

  1. The firm must describe its philosophy, experience, and methodology in value engineering, identifying, and mitigating project risks beyond General Contractor control and constructability analysis. Provide examples of both value engineering reports and risk/constructability analyses developed and utilized on prior projects and the results obtained.

 

  1. Identify respondent’s key personnel working on this project (if applicable)

 

 

 

Reference Form #3

Respondent Response

  1. Name of Reference (Company Name)

 

  1. Project Name/Title

 

  1. Client Location

 

  1. Contact Person Name

 

  1. Contact Person Title

 

  1. Contact Person Phone Number

 

  1. Contact Person E-mail Address

 

  1. Dates of Service (mm/yy – mm/yy)

 

  1. Description of Services Provided

 

  1. Detail your experience in working on recreation centers, parks, or similar. Include information on how you worked with on-site management personnel, patrons, and ownership to ensure that the construction work and patron safety/satisfaction were seamless

 

  1. Identify any other unique challenges/approaches that you have experienced that will assist the Owner with a successful project.

 

 

 

  1. The firm must describe its philosophy, experience, and methodology in value engineering, identifying, and mitigating project risks beyond General Contractor control and constructability analysis. Provide examples of both value engineering reports and risk/constructability analyses developed and utilized on prior projects and the results obtained.

 

  1. Identify respondent’s key personnel working on this project (if applicable)

 

 

  1. 4.    Respondent’s Subcontractor(s) Prior Experience (if applicable)

 

Question

Respondent Response

  1. Do you intend to utilize any subcontractors?

 

If yes, provide their legal business name and address, and a description of the goods/services they will supply.  Also complete the Subcontractor Reference Form provided below for each subcontractor.

 

 

 

If applicable, describe below at least one (1) relevant experience from the last five (5) years supporting your subcontractor’s ability to successfully perform similar work as set forth in your company’s proposal.

 

Subcontractor Reference Form

Respondent Response

  1. Name of Reference (Company Name)

 

  1. Project Name/Title

 

  1. Client Location

 

  1. Contact Person Name

 

  1. Contact Person Title

 

  1. Contact Person Phone Number

 

  1. Contact Person E-mail Address

 

  1. Dates of Service (mm/yy – mm/yy)

 

  1. Description of Services Provided

 

 

 

 

 

 


 

PART 2 – RESPONDENT CAPACITY

 

  1. 5.    Respondent Capacity and Staffing

 

The Selection Committee will also evaluate the ability of the prospective Respondent to meet the terms of this RFP relative to having a management team with the qualifications needed to successfully complete each work item. Qualifications of professional personnel assigned to the work items, as specified in the proposal, including sub-consultants, will be measured by both education and experience, with particular reference to experience on projects similar to that described in the Scope of Work. The Respondent’s professional staff who will work on the project must be the same staff identified in the proposal. The GSD must approve all sub-consultants/sub-contractors. The selection committee will evaluate the Respondent’s ability to complete relevant work commitments successfully and within time and budgetary constraints.

 

If selected, the firm agrees that it will provide, for the duration of the project, the full complement of staff, including the specific persons identified in this RFP, unless otherwise approved by the Owner.

 

The Respondent must submit documentation indicating their capacity to perform the variety of services described in this RFP. Documentation should indicate, at a minimum, the following:

 

  1. Respondent shall clearly identify the project staffing they intend to utilize for the project; including all key project staff, their roles and responsibilities and at what phases of the project they will be utilized.

 

  1. Respondent shall identify the day-to-day contacts for each phase of the project

 

  1. Respondent shall include a description of the experience of each person assigned to this project as well as the level of effort, as a percentage of time, to be committed and for which phases of the project (preconstruction, construction). Qualifications and references must demonstrate that the construction team has had successful experience with projects of similar size, scope, and conditions.

 

  1. Respondent shall provide an organization chart indicating the key personnel who will provide services resulting from this RFP.

 

  1. Respondent shall provide a detailed resume for each of the key personnel who will provide services resulting from this RFP.

 

 

 

PART 3 – Sustainability Experience

  1. 6.    Sustainability Experience

 

  1. Identify at least one project that resulted in an advanced energy efficient, healthy, and climate resilient buildings.  Experience must extend to managing a design team to achieve advanced energy efficiency performance. Include both design (predicted) and operating (measured) Energy Use Intensity of completed projects.

 

 

Respondent Response

 

 

 

 

  1. Identify at least one project that integrated the following sustainability principles into the design, development, and construction of the project: 
  • Employ integrated design principles
  • Optimize energy performance
  • Protect and conserve water
  • Enhance the indoor environmental quality
  • Reduce the environmental impact of materials
  • Assess and consider building resilience 
  • Source: https://www.epa.gov/greeningepa/guiding-principles-sustainable-federal-buildings;

 

Respondent Response

 

 

 

  1. Identify if any of your team have one or more of the following: 
  • Building Energy Modeling Professional (BEMP) accredited by ASHRAE; 
  • High Performance Building Design Professional (HBDP) accredited by ASHRAE.
  • LEED Accredited Professionals, accredited by the US Green Building Council
  • Other relevant certifications to achieving advanced energy efficient, healthy, and climate resilient buildings.

 

Respondent Response

 

 

EXHIBIT N

 

PROPOSAL INTRODUCTION AND SOLUTION/APPROACH

 

 

  1. A.   Proposal Introduction:

In your introduction, please include, at a minimum, the following information and/or documentation:

 

a)    A statement to the effect that your proposal is in response to this RFP;

b)    A brief description of your firm/company;

c)    A commitment to perform the requested work in accordance with the requirements outlined in this RFP;

d)    Evidence of any licenses or registrations required to provide the services under this contract.

 

  1. B.   Proposal Solution / Approach:

Respondents shall provide their solution and approach to meeting the requirements outlined in Section 2. Statement of Work of this RFP.

 

The Project can benefit from a clear project approach that addresses these challenges.

a)    Discuss the major challenges you envision the Project Team will encounter in completing the work for the Project.

1) How would your firm address those challenges? In addition, provide your firm’s plan to address the following contractual responsibilities.

b)    Preconstruction Services, including your approach of providing estimate and milestone schedules for the construction services.

c)    Based on your recommendation provide specs on how to approach the scope of work.

d)    Highlight any other work requirements and elaborate on other issues that are relevant to the scope of work items required of this RFP. 

 

  1. C.   Project Timeline / Schedule:

(See RFP Section 2.1 – Services to be Performed, Task 1.06 for a description of required timelines). Respondents shall assume a Notice to Proceed is provided on April 11, 2022 (subject to City Council approval) and Tasks 1 through 8 Services and Deliverables must be completed within a timeframe to start construction by October 1, 2022.

 

a)    Provide a schedule with proposed timeframes, milestones, and other factors which may benefit the project, broken down by phase.

 

Exhibit O

 

Environmental Assessment

 

Task 1 – Phase I ESA

The selected firm shall conduct a Phase I ESA in accordance with American Society for Testing and Materials (ASTM) Practice E1527-13, consistent with the All-Appropriate Inquiries (AAI) Final Rule (40 CFR Part 312). Upon completion, the selected firm shall prepare a written Phase I ESA report for submittal to the City.

 

Task 2 – Phase II ESA

Based upon a review of the Phase I ESA by the City of Detroit Environmental Affairs, the selected firm may conduct a Phase II ESA if the Phase I ESA identifies Recognized Environmental Conditions (RECs) which require further investigation. The selected firm shall prepare and submit a Scope of Work for the Phase II ESA which adequately addresses the RECs identified in the Phase I ESA. The Phase II ESA Scope of Work shall delineate:

  • the work to be performed on site, including the number and location soil borings, samples, etc.; the scope of work should include all necessary maps, diagrams, etc.;
  • the total cost of work to be performed and a breakdown of cost by type of work; and
  • an implementation schedule which identifies the time needed to perform field work, data analysis/ tabulation, and preparation of a written Phase II ESA report.

 

Once approved by the City, the selected firm shall conduct the Phase II ESA in accordance with ASTM Practice E1903-11. The Phase II ESA includes sampling and laboratory analysis to confirm the presence of contamination. The Phase II ESA may include, but is not limited to:

  • mobilize necessary equipment and supplies to the property;
  • advance soil borings within the property boundary, to the appropriate depths to collect representative soil and, if present, groundwater samples;
  • field screen all soil samples using a portable photo-ionization detector (PID) to determine the approximate concentrations of total volatile organic compounds (VOCs);
  • select representative samples (i.e., soil and groundwater, if encountered) from each boring to be analyzed by a qualified/ licensed analytical laboratory for volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), polychlorinated biphenyls (PCBs), and Michigan 10 metals. All parameters shall be analyzed using U.S. EPA-approved analytical methods.
  • containerize, remove and properly dispose of all Investigation Derived Wastes (such as soil cuttings, decontamination water, etc.);
  • perform site restoration, including backfilling using non-contaminated granular fills, compaction, grading, capping borings with a like surface covering (i.e., concrete, asphalt, soil);
  • demobilize equipment, supplies, and materials from the Site; and,
  • review and evaluate the analysis compiled during the Phase II ESA and prepare a report of findings. It is the preference of the City that the same qualified firm perform both the Phase I ESA and any additional investigation or assessment.

 

Task 3 – Section 7a Compliance Analysis

The Section 20107a Compliance Analysis, also known as a Documentation of Due Care Compliance (DDCC), of Part 201, 1994 PA 451, as amended, specifically requires that existing and new owners and operators take due care measures to ensure that existing contamination on a property does not cause unacceptable risks and is not exacerbated. If deemed necessary by the City, the selected firm shall prepare a Due Care Plan for a particular site. The Due Care Plan shall evaluate the conditions and document means and methods to achieve the following: 1) prevent exacerbation of the existing contamination; 2) prevent unacceptable human exposure and mitigate fire and explosion hazards to allow for the intended use of the facility in a manner that protects the public health and safety; 3) take reasonable precautions against the reasonably foreseeable acts or omissions of a third party; and 4) provide notifications to the Michigan Department of Environment, Great Lakes and Energy (EGLE) and others, as necessary.

 

Task 4 – Other Environmental Services

As determined necessary by the City and as circumstances arise, the selected firm shall provide other services necessary to comply with any applicable Federal, State, or City law, regulation, or administrative rule. Services may include, but are not limited to, the following:

  • application for a Waste Generator Identification Number, or

preparation and submittal of environmental documentation including, but is not limited to, No Further Action (NFA) and Response Activity Plan (ResAP) for review by EGLE. The ResAP must address the entire property, all complete pathways, and propose the necessary response activities to mitigate unacceptable exposures for all pathways determined to be complete.

 

 

 

 

EXHIBIT P

 

AFFIDAVIT OF DISCLOSURE OF INTERESTS BY CONTRACTORS AND VENDORS

 

Instructions. This disclosure affidavit fulfills requirements of Section 2-106.2 and Section 4-122 of the 2012 Detroit City Charter and Section 2-6-34 of the 1984 Detroit City Code.  Please complete all applicable sections by typing or legibly printing. Where a section does not apply, please check the appropriate box and skip to the next section.  If necessary, provide additional information on page 4 or attach additional documents to this disclosure affidavit. This disclosure affidavit must be signed and notarized and filed with the City of Detroit Board of Ethics, Butzel Family Center 7737 Kercheval Suite 213 Detroit, MI 48214 (City Code § 2-6-34(b)).

 

Note: “Immediate family member” of a person is that person’s spouse, domestic partner, an individual living in the person’s household, or an individual claimed as a dependent or spouse’s dependent under the Internal Revenue Code. (City Charter § 2-105.A.20; City Code § 2-6-3)

 

 


Section 1 - Identity of Contractor/Vendor (City Charter § 2-106.2.2; City Code § 2-6-34)

 

Provide the complete name of the individual, company or other entity or organization making this disclosure:

Name _______________________________________________________________________

Street address________________________________________________________________

City_______________________ State______________________ Zip code________________

Telephone ___________________Fax_________________ Email _______________________

If the filer is a business entity, print the name, title, and contact information of the authorized individual signing for the business entity:

Name ________________________________ Title __________________________________

Telephone ___________________Fax_________________ Email _______________________

 


Section 2 - Financial Interests in Matters Pending Before City (City Charter § 2-106.2.2; City Code § 2-6-34(a)(1), (2))

The above named contractor or vendor or an immediate family member thereof 

         has (if checked, complete rest of section below)

         does not have (if checked, skip to next section)

a financial interest, direct or indirect, in the following matters that are pending before  the Detroit City Council or  the following office, department or agency of the City _____________

Matter ______________________________________________________________________

Interested Party (if an immediate family member, please provide an address and phone number and the nature of the relationship to the filer): Name __________________________________ Street Address________________________________________________________________

City_______________________ State______________________ Zip code________________

Telephone_______________________ Relationship __________________________________

Nature of financial interest _______________________________________________________

Estimated value of the financial interest ____________________________________________

Section 3 - Interests in Property Subject to Decision by City (City Code § 2-6-34(a)(3))

The above named contractor or vendor or an immediate family member thereof

         has (if checked, complete rest of section below)

         does not have (if checked, skip to next section)

an interest in  real or personal property that is subject to a decision by the City regarding the purchase, sale, lease, zoning, improvement, special designation tax assessment or abatement, or a development agreement.

Interested Party (if an immediate family member, please provide an address and phone number and the nature of the relationship to the filer): Name _______________________________ Street Address_____________________________________________________________

City______________________ State______________________ Zip code________________

Telephone_______________________ Relationship _________________________________

Description of real or personal property_____________________________________________

___________________________________________________________________________

Nature of interest __________________________________________________________

Estimated value of the interest ___________________________________________________

 


Section 4 – Political/Campaign Contributions and Expenditures (City Charter § 4-122; City Code § 2-6-34(a)(4))

 

         The Statement of Political Contributions and Expenditures required by City Charter § 4-122, ¶ 2, is attached as an exhibit to this disclosure affidavit, and is current and accurate as of the date stated therein.

The above named contractor or vendor

         is (if checked, attach most recent report to this disclosure)

         is not (if checked, skip to next section)

required to file reports of campaign contributions and expenditures in accordance with other applicable law.

 

 


Section 5 - Immediate Family Members Employed by or Seeking Employment with City (City Code § 2-6-34(a)(5))

 

Please identify any immediate family member who is employed by or making application for employment with the City of Detroit.

 

If none, check here  and skip to next section; otherwise, complete rest of section below:

 

Name ___________________________________________________________________

Street address _______________________________________________________________

City__________________________  State _____________             Zip code________________

Phone _____________________________________________________________________

Nature of relationship to filer ____________________________________________________

Department/agency employed by or seeking employment with __________________________

Position held or sought ______________________________________________________

 


Section 6 - Persons with Financial Interest in Contractor’s/Vendor’s Matters Pending Before City (City Code § 2-6-34(a)(6), (7))

 

Please identify all persons or entities having a financial interest, direct or indirect, in any matter the contractor or vendor has pending before the Detroit City Council or before any office, department or agency of the City. Complete on additional page(s), if necessary.

If none, check here   and skip to next section; otherwise, complete rest of section below

Name ______________________________________________________________________

Street Address _______________________________________________________________

City_______________________ State______________________ Zip code________________

Contract or matter in which the person or entity named has an interest ____________________________________________________________________________

The above contract or matter is pending before  the Detroit City Council or  the following office, department or agency of the City _____________________________________

Nature of financial interest _______________________________________________________

Estimated value of the financial interest ____________________________________________

 


Section 7 - Affirmation of Accuracy of Disclosure (City Charter § 2-106.2.3; City Code § 2-6-34(b))

 

I understand that the information provided in this disclosure will be relied upon by the City of Detroit in evaluating the proposed bid, solicitation, contract, or lease.  I swear [or affirm] that the information provided is accurate.  If I am signing on behalf of an entity, I swear [or affirm] that I have the authority to provide this disclosure on behalf of the entity.

 

Sign name: _______________________________

Print name: _______________________________

Sworn and subscribed to before me on ___________________________, 20__

[ by ________________________________, the _____________________________________

[name]                                                             [title]

of the above named contractor/vendor, an authorized representative or agent of the contractor/vendor ].

 

Sign: _____________________________    

Print: _____________________________

Notary Public, ______________ County, Michigan,

Acting in ________________________ County

My Commission Expires: ____________________

                        Notary Seal (if desired)

 

 

                                                                                                                                                     

EXHIBIT Q

FORMAT FOR THE

MONTHLY PROGRESS REPORT

DETROIT BUILDING AUTHORITY CAPITAL PROJECTS

 

  1. I.      Executive Summary:
    1. A brief description of the Project.
    2. A written summary of the Progress to Date, including a listing of any known problems that may cause delay or additional cost to the Project and Project completion percentage.
    3. A written summary of the Project Budget indicating the authorized project funds, amounts encumbered,
    4. An updated Cash Flow projection.
    5. E.    A written summary of the project schedule.

 

  1. II.     Project Status Report Attachments:
    1. Review of current status.
      1. A Project Data Sheet with budget breakdown
      2. Each of the above categories is to be broken down further to reflect the following:

 

Approved Budget (dated)                   Current Contract Amount

Bids                                                     Payments to Date

Initial Contract Amount                       Balance to be paid

Change Orders

 

Each of the trades, material suppliers, subcontractors, code review fees, telecommunications, etc. amounts are to be listed as line items and broken down.

  1. A Change Order Report listing the following:
  2. The Change Order Number
  3. Change Order Title
  4. Explanation
  5. Amount

 

  1. A Request for Information (RFI) Log.

 

  1. An original approved, (submitted at the start of construction) and an updated Project Schedule indicating all activities for the project.


 

EXHIBIT R

DRAFT Construction Services Agreement Form

 

CITY OF DETROIT BUILDING AUTHORITY

DESIGN/BUILD CONSTRUCTION SERVICES AGREEMENT

 

WITH

 

___________________________________

 

 

            THIS AGREEMENT, dated and made effective as of this ____ day of ___________, 2020 (hereinafter called the “Agreement”), by and between the CITY OF DETROIT BUILDING AUTHORITY, a public authority and body corporate organized and existing under the authority of Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended, located at 1301 Third Avenue, Suite 328, Detroit, Michigan 48226 (herein called the "Authority") and _______________________________, a _____________, with offices at _____________________________ (hereinafter called  the "Contractor").

 

W I T N E S E T H:

 

            WHEREAS, the Authority has determined that it is necessary to engage the Contractor to ____________________________________________________________________(the “Project”); and

 

            WHEREAS, the services necessary for the implementation of the Project (herein collectively called the "Services") are described in Exhibit A, hereto, and are to be performed in accordance with this Agreement and said Exhibit A; and

 

            WHEREAS, the Contractor has the requisite skills necessary to assist the Authority and represents that it is fully qualified and capable of performing the Services required hereunder upon the terms and conditions hereinafter set forth; and

 

            WHEREAS, the Authority has adopted or will adopt a resolution authorizing the engagement of the Contractor for the Services.

 

            NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties agree as follows:

 

ARTICLE I

Engagement of Contractor

 

            1.01                 The Authority hereby engages the Contractor and the Contractor agrees to perform the Services as set forth in Exhibit A to this Agreement in accordance with the terms and conditions contained in this Agreement.

 

            1.02                 The relationship of the Contractor and the Authority shall be that of an independent contractor and no liability or benefits, such as retirement benefits or liabilities, pension rights or liabilities, holiday pay, sick pay, vacation pay, personal injury or property insurance rights or liabilities, or such other rights, provisions or liabilities arising out of a contract of hire or employer/employee relationship either express or implied shall arise or accrue to either party as a result of this Agreement and undertaking.

 

ARTICLE II

Level of Performance, Warranty, Documents and Dispute Resolution

 

            2.01                 The Contractor warrants that its performance of the Services set forth in Exhibit A shall be of the highest standard of care and skill executed by expert members of its trade.  All of the Services shall be subject to the approval of the Authority or such other representative as may be designated by the Authority.

 

            2.02                 The Contractor shall during the term of the Agreement, devote such time, attention, skill, knowledge and ability as is necessary to carry out and perform the Services, as herein required.

 

2.03                 The Contractor warrants and represents that all materials and equipment included in its work hereunder are new, unless otherwise specified, and that the work is of good quality, free from improper workmanship and defective materials and in conformance with design documents for the Project.  Any portion of the work that does not conform to the contract documents for the Project, including substitutions not properly approved and authorized, may be considered defective and shall be replaced by the Contractor without cost to the Authority upon discovery by the Authority.  The Contractor shall correct defects in materials and/or workmanship for a period of one (1) year from the final completion date of the phase in which such portion of the work is included or final completion of this Agreement, whichever is longer.  The Contractor shall collect and deliver to the Authority, in bound and indexed form, all written warranties on materials, equipment and installations.  All warranties shall commence on the final completion date of the phase in which such work is included, unless otherwise defined by the contract documents.  The Contractor shall warrant by sworn statements and waivers of lien that title to the work invoiced in its progress payment application will pass to the Authority upon receipt of payment by the Authority.  The Contractor shall warrant that all completed work covered by an application for payment is free and clear of all liens, claims, security interests, or encumbrances, and that no portions of the work, materials, or equipment has been acquired by the Contractor, or by any other person performing any portion of the work, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the other person or can be otherwise imposed on the Contractor by such other persons.  The Contractor and all subcontractors shall agree that title will so pass upon the Contractor's receipt of payment from the Authority.

 

            2.04                 The Contractor agrees to provide copies of any documents furnished to the Authority as part of the Project, if requested by the Authority, to the office of the Mayor of the City of Detroit.

 

            2.05                 Unforeseen Site Conditions

 

                        2.05.1  If the Contractor discovers one or both of the following physical conditions of the surface or subsurface at the Project site, before disturbing the physical condition, the Contractor shall promptly notify the Authority of the physical condition in writing:

 

(a)   A subsurface or other latent physical condition at the site differs materially from the condition indicated in the Contract Documents.

 

(b)   A previously unknown physical condition at Project the site is of an unusual nature differing materially from conditions ordinarily encountered and generally recognized as inhering in work of the character provided for in the Agreement.

 

                        2.05.2  If the Authority receives a notice under Section 2.05.1, the Authority shall promptly investigate the physical condition.

 

                        2.05.3  If the Authority reasonably determines that the physical conditions do materially differ and will cause an increase or decrease in costs or additional time needed to perform the contract, the Authority’s determination shall be made in writing and an equitable adjustment shall be made and the Agreement modified in writing accordingly.

 

                        2.05.4  The Contractor cannot make a claim for additional costs or time because of a physical condition unless the Contractor has complied with the notice requirements of Section 2.05.1.  The Authority may extend the time required for notice under Section 2.05.1.

 

                        2.05.5  The Contractor cannot make a claim for an adjustment under the Agreement after the Contractor has received the final payment under the Agreement.

 

            2.06                 In the event that there shall be any dispute between the parties with regard to the extent and character of the Services to be performed, the reasonable interpretation and determination of the Authority or such other representative as may be designated by the Authority shall govern.

 

 

            2.07                 Additional Services

 

                        2.07.1              The following services are not included in Services and shall only be performed by the Contractor upon the written request of the Authority, as follows:

 

                        2.07.2              Work not included in the Services described in Exhibit A.

 

                        2.07.3              Preparation to serve as a witness on behalf of the Authority in connection with any public hearing, arbitration proceeding or legal proceeding in which the Contractor is not a party.

 

                        2.07.4              Provision of any other services not otherwise included in this Agreement.

 

ARTICLE III

Contract Term

 

            3.01     The Services to be performed by the Contractor pursuant to the terms of this Agreement shall begin on the date the Authority sends the Contractor a notice to proceed with the Project (the “Effective Date”), and shall be complete not later than _______________, 2023, (the Contract Term), unless, the term of this Agreement is otherwise extended in writing by the Authority.

 

ARTICLE IV

Compensation

 

            4.01     The Authority agrees to pay the Contractor for the proper performance of the Services and the Contractor guarantees that it will complete the Services described in Exhibit A hereto for a total amount not to exceed _______________________________________________ and 00/100 ($_______________) Dollars.

 

            4.02     It is understood and agreed by the parties hereto that the fee stated above for performance of Services is inclusive of any and all remuneration to which the Contractor may be entitled and that the Contractor shall not receive any fringe benefits including but not limited to overtime pay, holiday pay, sick pay, vacation pay, retirement benefits, pension benefits and insurance benefits in addition to or in lieu of those expressly stated herein.

 

            4.03     Any additional services requested by the Authority of the Contractor shall be payable as mutually agreed upon in writing between the Authority and the Contractor.

 

            4.04     Requests for progress payments shall be submitted by ______________________,  or by another duly authorized representative of the Contractor to Tyrone Clifton or the current Director of the Authority.  At the election of the Authority, the parties shall submit disputes regarding the retention of a portion of progress payments in accordance with MCLA 125.1564(1).

 

ARTICLE V

Method of Payment

 

            5.01     Payment for the proper performance of Services, including installation of equipment required hereunder, shall be made in accordance with the Payment Procedures attached hereto and incorporated herein as Attachment A.

 

            5.02     The Contractor shall receive payment for the proper performance of Services approved by the Authority hereunder, in accordance with Section 5.01 of this Agreement.

 

ARTICLE VI

Assignments

 

            6.01     The parties hereto having acknowledged that this Agreement is based upon the qualifications of the Contractor further agree that the Contractor shall not assign, subcontract or transfer its interest in this Agreement without the prior written consent of the Authority.

ARTICLE VII

Events of Default and Remedies

 

7.01     The following acts and/or omissions shall constitute a default and material breach of this Agreement by the Contractor and shall be deemed an Event of Default if not cured within five (5) business days after written notice of default has been sent by the Authority to the Contractor, provided however, that if the default is such that more than five (5) days are required for a cure, then Contractor shall not be in default if it commences to cure the default within the five (5) day period and thereafter diligently prosecutes the same to completion:

 

(a)          Failure to comply with any of the material terms and conditions of this Agreement following written notice from the Authority and failure to cure; and/or

(b)          Failure to begin the Services in accordance with the terms of this Agreement; and/or

(c)           If the Contractor, in the judgment of the Authority, is unnecessarily or unreasonably or willfully delaying the performance and completion of the Services; and/or

(d)          The Contractor abandons the Services to be undertaken; and/or

(e)          The Authority reasonably believes that the Services cannot be completed within the time required, where in the Authority’s judgment, the delay is attributable to conditions within the Contractor’s control; and/or

(f)            The Contractor, without just cause, reduces its personnel to a number which in the judgment of the Authority, is insufficient to complete the Services within a reasonable time and fails to sufficiently increase such personnel when directed to do so by the
Authority; and/or

(g)          The Contractor assigns, transfers, conveys or otherwise disposes of this Agreement, in whole, or in part, without prior approval of the Authority; and/or

(h)          Any Authority officer or employee acquires an interest in this Agreement so as to create a conflict of interest; and/or

(i)            The Contractor violates any law, charter provision, ordinance, rule, regulation, governmental order or directive; and/or

(j)            Failure to provide adequate inventory, vehicles, equipment and/or personnel; and/or

(k)           The filing of a voluntary or involuntary petition in bankruptcy or for reorganization or an arrangement, or an assignment for the benefit of creditors, or the adjudication of the Contractor as being bankrupt or insolvent, or the appointment of a receiver of, or for the Contractor if such appointment, adjudication, or similar order or ruling remains in force or unstayed for a period of thirty (30) days, or admit in writing its inability to pay its debts generally as they become due; and/or

(l)            The Contractor’s level of performance of the Services, in the reasonable judgment of the Authority falls below the standard of care set forth in Article II hereof and/or

(m)         The Contractor ceases to conduct business in the normal course, and/or

(n)          The Contractor fails to comply with any material terms, conditions and/or obligations of Contractor set forth herein.

(o)          The Contractor fails to pay any labor, tax obligations, fringe benefit funds, insurance premiums, or subcontractor invoices for Services which the Contractor has received payment from the Authority.

 

7.02     In the Event of Default by the Contractor, the Authority shall be entitled to exercise any and all remedies available at law and/or in equity, including, but not limited to the right to seek and sue for damages, any costs incurred to enforce, or attempt to enforce this Agreement, including reasonable attorney’s fees, which enforcement shall not be limited, and may include appeals of any decisions in lower courts, as well as collection efforts thereafter, compensable damages and consequential damages, withhold and retain payment to the Contractor for the purpose of setoff until such time as the exact amount of damages due to the Authority from the Contractor is determined, seek injunctive relief and/or specific performance and such other equitable remedies that are available, as well as effectuate a termination of this Agreement, which may or could give rise to additional damages. It is expressly understood that the Contractor will remain liable for any damages the Authority sustains in excess of any set-off.

 

ARTICLE VIII

Termination

 

            8.01     The Authority may terminate this Agreement in whole or in part for cause upon giving written notice of termination (herein called "Notice of Termination") to the Contractor at least fifteen (15) days before the Effective Date of the termination, should the Contractor: 1) fail to fulfill in a timely and proper manner its obligations under this Agreement; 2) violate any of the covenants, agreements, or stipulations of this Agreement; 3) cease conducting business in the normal course by reason of insolvency, bankruptcy or any similar proceedings, whether voluntary or involuntary, filed under any present or future bankruptcy or other applicable law; or 4) admit in writing its inability to pay its debts generally as they become due.  The Contractor shall be liable to the Authority for damages sustained by the Authority by virtue of the Contractor's breach and shall be liable for any reasonable costs the Authority might incur enforcing or attempting to enforce this Agreement, including reasonable attorney fees.  The Authority may withhold any payment(s) to the Contractor for the purpose of set-off until such time as the exact amount of damages due the Authority from the Contractor is determined.  It is expressly understood that the Contractor will remain liable for any damages the Authority sustains in excess of any set-off.  If this Agreement is so terminated the Authority may take over the Services, and prosecute the same to completion by contract with another party or otherwise, and the Contractor shall be liable to the Authority for any and all costs incurred by the Authority thereby.

 

            8.02     The Contractor may terminate this Agreement in whole or in part for cause upon giving Notice of Termination to the Authority at least thirty (30) business days before the Effective Date of the termination, should the Authority fail to fulfill in a timely and proper manner its obligations under this Agreement.  Other than being liable potentially for the payment(s) expressly set forth in this agreement, or as it has been amended, under no circumstances will the Detroit Building Authority, or any of its employees, representatives or agents be responsible for punitive, incidental or consequential damages arising from the Detroit Building Authority’s performance or non-performance of any term(s) of this Agreement.”

 

            8.03     The Authority may terminate this Agreement without cause, in whole or in part, for its convenience, at any time, without incurring any further liability whatsoever, other than as stated in this Article VIII, by issuing a Notice of Termination to the Contractor of such termination, specifying the Effective Date thereof, at least fifteen (15) business days prior to the Effective Date of such termination.  If this Agreement is so terminated, the Authority will pay the Contractor only for the Services rendered prior to such termination, including any retainage for the Services previously performed.  The amount of the payment shall be computed by the Authority on the basis of the Services rendered and accepted by the Authori­ty; any expenses incurred prior to termination; bona fide termina­tion settlement costs reasonably incurred by the Contractor, as determined by the Authority relating to the commitments which had become firm prior to the termination, but only to the extent that the Contractor could not have mitigated the same; and such other costs as, in the judgment of the Authority, represent a fair value of the Services provided, less the amount of any previous payments made.  Should the Authority or the Authority­'s designee undertake any part of the Services which are to be performed by the Contrac­tor, to the extent such Services are being performed by the Authority or its designee, the Contractor shall not be entitled to any compensation for the Services so performed.  The parties expressly agree that in no case shall payment under this Section 8.03 exceed the maximum sum payable provisions in Section 4.01 and any compensation due the Contractor for any duly autho­rized Amendments hereto increasing the scope of work hereun­der.  Notwithstanding anything to the contrary, Contractor shall be paid for all labor and equipment manufactured for the use on this project if verified by the Authority and it is not used for another project or job.

 

            8.04     After receipt of a Notice of Termination and except as otherwise directed by the Authority, the Contractor shall:

 

                        (a)        Stop work under this Agreement on the date and to the extent specified in the Notice of Termination;

 

                        (b)        Obligate no additional contract funds for payroll costs and other costs beyond such date as the Authority shall specify, and place no further orders or subcontracts for materials, services or facilities, except as may be necessary for comple­tion of such portion of the work under this Agree­ment as is not terminated;

 

                        (c)        Terminate any orders and subcontracts to the extent that they relate to the portion of the work so terminated;

 

                        (d)        As of the date the termination is effective, pre­serve all records and submit to the Authority such re­cords and reports as the Authority shall specify, and furnish to the Authority an inventory of all furnishings, equipment, and other property pur­chased for the Agreement, (if any), and carry out such directives as the Authority may issue concern­ing the safeguarding or disposition of files and other property; and

 

                        (e)        Submit within thirty (30) days of the Notice of Termination a final report of receipts and expendi­tures of funds relating to this Agreement, and a list of all creditors, subcontractors, lessors, and/or other parties with which the Contractor has incurred financial obligations pursuant to this Agreement (if any).

 

            8.05                 Upon completion or other termination of this Agreement, all finished or unfinished original documents or copies (when originals are unavailable), data, studies, briefs, drawings, maps, models, photographs, files, intermediate materials estimates, memoranda, computations, papers, supplies, recordings, videotapes, notes or other materials (herein collectively called the "Work Product") prepared by the Contractor under this Agreement or in anticipation of this Agreement shall, at the option of the Authority, become its sole and exclusive property, whether or not in the Contractor's possession, free from any claims or retention of rights thereto on the part of the Contractor.  The Contractor shall promptly deliver to the Authority upon the Authority's request all of such property and the Authority shall return all the Contractor's properties to it.  The Contractor acknowledges that any intentional failure or delay on its part to deliver the Work Product to the Authority will cause irreparable injury to the Authority not adequately compensable in damages and for which the Authority has no adequate remedy at law, and the Contractor accordingly agrees that the Authority may, in such event, seek and obtain injunctive relief in a court of competent jurisdiction and compel delivery of the Work Product.  The Authority shall have full and unrestricted use of the Work Product for the purpose of completing the Project.  The Contractor may retain copies of the Work Product at its own expense with the consent of the Authority, which consent shall not be unreasonably withheld.

 

                        Should the Authority use such Work Product for any purpose except for the Project without utilizing the services of the Contractor, the Contractor shall have no liability arising out of or in connection with such use, or involving or resulting from such use.

 

ARTICLE IX

Amendments

 

            9.01                 The Authority may from time to time consider it in its best interest to change, modify or extend a term, condition or covenant of this Agreement or require changes in the scope of the services to be performed by the Contractor, or require the Contractor to perform additional services.  Any such change, addition, deletion, extension or modification, including any increase or decrease in the amount of the Contractor's compensa­tion, which is mutually agreed upon by and between the Authority and the Contractor, shall be incorporated in written amendments (herein called "Amendments") to this Agreement.  Such Amendments shall not invalidate this Agreement, nor relieve or release the Contractor and/or Authority from any of its obligations under this Agreement, unless so stated therein.  The Contractor shall not be required to perform in accordance with any requested Amendment until Section 9.02 is complied with.

 

            9.02                 No Amendment to this Agreement shall be effective and binding upon the parties, unless it expressly makes reference to this Agreement, is in writing and is signed and acknowledged by duly authorized representatives of both parties.  No verbal order or instructions shall in any way change or modify this Agreement.  No verbal conversation, understanding, or agreement with any officer or employee of the Authority, or any other person, either before or after the execution of the Agreement shall affect or modify any of the terms, conditions or obligations contained herein.

 

ARTICLE X

Conflict of Interest

 

            10.01               The Contractor warrants and covenants that it does not have and that it will not have during the performance of this Agreement, any direct or indirect proprietary or other interest in any concern, business or entity which would conflict in any manner or degree with the performance of the Services under this Agree­ment.  The Contractor further warrants and covenants that no officer, commissioner, member or employee of the Authority or any other public official who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Agreement has any personal or financial interest, direct or indirect in this Agreement or the proceeds hereof.

 

ARTICLE XI

Confidential Information

 

            11.01               In order that the Contractor may effectively fulfill its obligations under this Agreement, it may be necessary or desirable for the Authority to disclose confidential and proprietary information to the Contractor pertaining to the Authority's or the City of Detroit's (herein called the "City") past, present and future activities.  Since it is difficult to separate confiden­tial and proprietary information from that which is not, the Contractor shall regard all information gained as a result of the Services to be performed hereunder as information which is confidential and proprietary to the Authority or the City and not to be disclosed to any organiza­tion without the prior written consent of the Authority or the City.

 

ARTICLE XII

Indemnity

 

            12.01               The Contractor agrees to indemnify and hold harmless the Authority and the City against and from any and all liabilities, obligations, damages, penalties, claims, costs, charges, losses and expenses (including without limitation, fees and expenses of attorneys, expert witnesses and other consultants) which may be imposed upon, incurred by or asserted against the Authority or the City to the degree of fault of the Contractor and its employees, agents, consultants and sub-consultants caused by any of the following occurring during the term of this Agreement:

 

            (a)        Any negligent or tortious act or omission of the Contrac­tor or any of its personnel, employees, agents, consul­tants or subcontractors, or any entities associat­ed, affiliated or subsid­iary to the Contractor now existing or here­after created, or their agents and employees.

 

            (b)        Any failure by the Contractor, its personnel, employees agents, consultants or subcontractors to perform its obligations, either implied or expressed, under this Agreement.

 

            (c)        Any act, failure to act or misrepresentation by the Contractor or any of its agents, personnel, employees, consultants or subcontractors in connection with the Project.

 

            The Contractor also agrees to hold the City and the Authority harmless from any and all injury to the person or damage to the property of, or any loss or expense incurred by, an employee of the Authority which arises out of the negligent performance by the Contractor or its employees of the Services under this Agreement to the degree of fault of the Contractor.

 

            12.02               The Contractor agrees that it is its responsibility and not the responsibility of the Authority to safeguard the property and materials that any employees, consultants, or subcontractors use or have in their possession while performing under this Agreement.  Further, the Contractor agrees to hold the Authority and the City harmless for any loss of such property and materials to the degree of Contractor’s fault used by such persons pursuant to the Contractor's performance under this Agreement or which is in their possession.

 

            12.03               The indemnification obligation under this Article shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under workers' compensation acts or other employee benefit acts.  In addition, the Contractor agrees to hold the Authority and the City harmless to the degree of Contractor’s fault from the payment of any deductible on any insurance policy.

 

            12.04               The Contractor agrees that it will require the same indemnification of the Authority by any consultant or subcontractor it hires in providing the Services to be provided in this Agreement.

 

            12.05               Nothing contained in this Article XII shall be construed to require indemnification by the Contractor to a greater degree than that permitted by Act 165 of the Michigan Public Acts of 1966, being MCLA 691.991.

 

ARTICLE XIII

Insurance

 

13.01                It is agreed, prior to the execution of this Agreement by the Contractor, that the Contractor shall procure and maintain, and shall provide the Authority with evidence of, the following occurrence-based liability insurances in the following amounts:

 

(a)          Worker's Compensation insurance which meets Michigan Workers Compensation statutory requirements and Employers Liability insurance with limits of $500,000 for bodily injury by accident for each accident and $500,000 for bodily injury by disease for each accident.  The Contractor agrees that it will obtain a similar covenant with respect to worker's compensation insurance from any subcontractor retained by the Contractor to render any of the Services.  This insurance shall be kept in force and effect until receipt of final payment by the Contractor.  This insurance is mandatory if the Contractor has employees.

(b)        Commercial General Liability insurance with the following limits.  

Each Occurrence Limit

1,000,000

Personal & Advertising Injury Limit

1,000,000

General Aggregate Limit

2,000,000

Products/Completed Operations Aggregate Limit

2,000,000

Damages to Premises Rented to the Contractor’s Limit

100,000

Medical Expenses

10,000

 

(c)        [INTENTIONALLY OMITTED].

(d)        Automobile liability insurance covering all owned, non-owned, or hired automobiles with limits for bodily injury and property damage of $1,000,000 each occurrence.  Such insurance shall comply with the provisions of the Michigan No Fault Insurance Law.  This insurance shall be kept in force and effect until receipt of final payment by the Contractor.

13.02               Contractor agrees to notify the Authority in writing of any material change or cancellation or non-renewal of any of the required policies at least thirty (30) days prior to such material change, cancellation or non-renewal and failure to do so will constitute material breach of this Agreement.

13.03               [INTENTIONALLY OMITTED].

 

13.04               Unless prohibited by law, the commercial general liability policy maintained by the Contractor hereunder shall name the Authority and the City as additional insureds, but the Authority’s insurance shall be primary and non-contributory to any insurance carried by the Contractor.

 

13.05               The insurance required of all parties to this Agreement shall be written with insurers authorized to do business in the State of Michigan and shall be rated at least A:  IX by A.M. Best’s Rating Service.

13.06               Notwithstanding anything to the contrary contained in this Agreement, the Authority and the Contractor hereby waive any and all rights of recovery, claim, action or cause of action against the other, its agents, employees, officers, directors, venturers, partners, members, servants or shareholders for any loss or damage to the other’s property by reason of fire, the elements, or any other cause which is covered by standard “all risks” property insurance (including comprehensive boiler and machinery coverage), regardless of cause or origin, including negligence of the other party hereto, its agents, employees, officers, directors, venturers, partners, members, servants or shareholders.  Each party’s property insurance policies shall contain provisions where the insurer waives their right of subrogation against such other party.

13.07   Certificates of insurance evidencing at least the Minimum Insurance Requirements shall be submitted to the DBA on or before the Effective Date and at least fifteen (15) days prior to the expiration dates of expiring policies.  Upon request, the Contractor shall provide the DBA with copies of all required policies.

 

ARTICLE XIV

Payment and Performance Bonds

 

            14.01               Contractor agrees to deliver to the Authority prior to the Commencement of Services, payment and performance bonds issued by a corporate surety licensed to transact business in Michigan in amounts equal to one hundred percent (100%) of the cost of Services.

 

ARTICLE XV

Fair Employment Practices

 

            15.01               In accordance with the United States Constitu­tion and all federal legislation and regulations governing fair employment practices and equal employment opportunity, including but not limited to Title VI and VII of the Civil Rights Act of 1964 (P.L. 88-352, 78 STAT. 252), and United States Department of Justice Regulations (28 C.F.R. Part 42) issued pursuant to that Title, and in accordance with the Michigan Constitution and all state laws and regulations governing fair employment practices and equal employ­ment opportunity, including but not limited to the Michigan Elliot-Larson Civil Rights Act (P.A. 1976 No. 453) and the Michigan Persons with Disabilities Act Civil Rights Act (P.A. 1976 No. 220) the Contractor agrees that it will not discriminate against any person, employee, consultant or applicant for employment with respect to his (her) hire, tenure, terms, conditions or privileges of employment or hire because of his (her) religion, race, national origin, age, sex, height, weight, marital status, or handicap that is unrelated to the individual's ability to perform the duties of a particular job or position.  The Contractor recognizes the right of the United States and the State of Michigan to seek judicial enforcement of the foregoing covenants against discrimination against itself or its subcontractors.

 

            15.02               The Contractor is required to adhere to City of Detroit Ordinance No. 20-93, codified as Detroit City Code 18-5-60 through 18-5-69, “Prevailing Wage and Fringe Benefit Rates Required for City Projects,” as amended.

 

            15.03               The Contractor shall not discriminate against any employee or applicant for employment, training, education, or apprenticeship connected directly or indirectly with the performance of this Agreement, with respect to his (her) hire, promotion, job assign­ment, tenure, terms, conditions or privileges of employment because of race, color, creed, national origin, age, marital status, handicap, sex or sexual orientation.

 

            15.04               The Contractor shall promptly furnish any information required by the Authority or the City of Detroit Human Rights Department pursuant to this Section.

 

            15.05               The Contractor further agrees that it will notify any subcontractor of its obligations relative to fair employment practices nondiscrimination and affirmative action under this Agreement when soliciting same and will include the provisions of this Article in such subcontract, as well as provide the Authority a copy of any subcontract agreement upon request.  The Contractor further agrees to take such action with respect to any subcontract procurement as the Authority may direct as a means of enforcing such provisions, including the aforementioned sanctions for noncompliance.

 

            15.06               Breach of the terms and conditions of this Article XV may be regarded as a material breach of this Agreement.

 

ARTICLE XVI

Personnel, Labor and Staffing

 

16.01               Contractor agrees to have available at all times during the Contract Term the appropriate levels of competent administrative, supervisory and skilled trade personnel required to perform the Services associated with the Project in a timely, efficient and professional manner and in full cooperation with the Authority.

 

16.02               Contractor acknowledges that the Authority shall have approval rights with respect to certain Key Personnel (as defined herein) assigned to the Project, and that Contractor shall not remove such Key Personnel without the prior written consent of the Authority, which will not be unreasonably withheld.  “Key Personnel” means those personnel identified as key personnel in Contractor’s accepted proposal in response to the Authority’s request for proposals for this Project.

 

16.03               Contractor further acknowledges and agrees that the Authority has the right to require the Contractor to remove and replace from the Project any of its direct employees or subcontracted personnel, including skilled trades who, in the reasonable discretion of the Authority, are not performing at the proper skill level or in the best interest of the Authority or are otherwise deemed detrimental to the Authority’s service to its customers, patrons, invitees or the public.

 

 

ARTICLE XVII

Notices

 

            17.01               All notices, consents, approvals, requests, reports and other communications (herein collectively called "Notices") required or permitted under this Agreement shall be in writing and sent by registered or certified mail, postage prepaid and addressed as follows:

 

                        If to Authority:                          City of Detroit Building Authority

                                                                        1301 Third Street, Suite 328

                                                                        Detroit, Michigan  48226

                                                                        Attention:  Tyrone Clifton

 

 

                                                                        with a copy to:

                                                           

                                                                        The Allen Law Group, PC

                                                                        3011 W. Grand Blvd., Suite 2500

                                                                        Detroit, Michigan 48202

                                                                        Attention: Floyd E. Allen, Esq.

 

 

                        If to Contractor:                       _____________________

                                                                        _____________________

                                                                        _____________________                                                                                                                  Attention:  ______________

 

            17.02               Notices shall be deemed given on the date of mailing.  Either party to this Agreement may change its address for the receipt of Notices at any time by giving Notice thereof to the other as herein provided.  Any Notice given by a party hereunder must be signed by an authorized representative of such party.

 

ARTICLE XVIII

Representations and Warranties

 

18.01               Contractor represents and warrants that all of the following statements are true and shall remain true from the Effective Date of this Agreement throughout the Contract Term:

 

(a)        The Contractor covenants that it is not, and will not become, in arrears to the Authority or the City upon any contract, debt or other obligations.

(b)        The Contractor is fully qualified and capable and has the requisite skills necessary to perform the Services pursuant to the terms and conditions set forth therein.

(c)        Contractor represents and warrants that it has full power to enter into this Agreement, to enter into the obligations described herein, to execute and deliver this as well as any and all other documents to be executed and/or delivered in connection herewith, and to incur the obligations provided for herein, all of which have been duly authorized by all proper and necessary action of the Contractor.

(d)        Contractor represents and warrants that, as of the Effective Date and throughout the Contract Term of this Agreement, Contractor has not been and is not in arrears to the State of Michigan for any debts whatsoever (including, but not limited to, back taxes), nor is or was Contractor in default or in litigation regarding any issues with the State of Michigan, US Federal Government, Wayne County, Oakland County, Macomb County or the City.

(e)        Contractor represents and warrants that it has the necessary financial resources, employees, vehicles and equipment available to provide the Services as required by this Agreement.

(f)        Contractor represents and warrants that it is not, jointly or severally, party to any contract or agreement or subject to any other restriction or unusually burdensome order of any regulatory commission, court, board or agency, which may materially and adversely affect its ability to provide the Services.  The execution and performance of this Agreement and the documentation related hereto, will not result in the creation of any other encumbrance or charge upon any asset of Contractor pursuant to the terms of any other agreement.  No provisions of any existing mortgage, indenture, contract or agreement affecting Contractor’s operations and/or assets is in effect which would conflict with or in any way prevent the execution, delivery or enforcement of the terms of this Agreement.

(g)        To the best of Contractor’s knowledge, it has not received any written notice from any governmental authority that the Contractor is now in violation of any governmental orders, regulations, statutes or ordinances dealing with the Contractor’s operations.  In the event any such notice from any governmental authority is received by Contractor between the Effective Date and throughout the Contract Term, which Contractor does not reasonably contest, Contractor shall correct the same at Contractor’s expense as promptly as possible.

(h)        Contractor has not entered into any contracts or made any commitments which would bind the Authority as a successor in interest.

(i)         Contractor has not entered into any other existing agreements which will conflict with its obligations hereunder.

(j)         To the best of Contractor’s knowledge, all documents heretofore and hereafter provided to the Authority are, and shall be complete, true, and accurate in all material respects.

(k)        Contractor has not contracted for the furnishing of labor or materials which will not be paid in full by Contractor in the ordinary course.  Contractor shall indemnify the Authority from all loss, claims, and costs which the Authority may incur from the imposition of construction and/or storage/bailment liens, if any, arising from the acts and/or omissions of Contractor.

(l)         Contractor has no notice of, and there is no pending or threatened litigation, administrative action or examination, claim or demand whatsoever relating to the Contractor and/or its operations and/or assets, or the Services contemplated herein, before any court or any federal, state or municipal government department, commission, board, bureau, agency or instrumentality thereof, the outcome of which may materially adversely affect Contractor and/or Contractor’s ability to perform the Services in accordance with this Agreement.

(m)      No federal, state or local taxing authority has asserted any tax deficiency, lien, or assessment against the Contractor which has not been paid or the payment for which adequate provision has not been made to the Authority’s reasonable satisfaction.

(n)        That Contractor and the principals and/or partners and/or owners and/or officers of Contractor are citizens of the United States of America as defined in Section 1445 of the Internal Revenue Code, being 26 USC §1445.

(o)        This Agreement, and all related documents will, when executed and delivered by Contractor, be the valid, legal and binding agreements or obligations of the Contractor, enforceable in accordance with their respective terms, having been duly authorized by all requisite corporate action.

(p)        Contractor has complied with all City applicable clearance and hiring policy requirements, including execution and delivery of a Request for Income Tax Clearance, Vendor Clearance Request, Covenant of Equal Opportunity, Hiring Policy Compliance Affidavit and Slavery Era Records and Insurance Disclosure Affidavit.

(q)        Contractor hereby warrants, represents and covenants with the Authority that each and every warranty, representation, and covenant set forth in this Agreement shall be true for the period from the Effective Date and throughout the Contract Term of this Agreement.

 

ARTICLE XIX

Office of the Inspector General

 

            19.01.              In accordance with Section 2-106.6 of the City Charter, this Agreement shall be voidable or rescindable at the discretion of the Mayor Inspector General at any time if a Public Servant who is a party to the Contract has an interest in the Contract and fails to disclose such interest. 

 

            19.02.              This Agreement shall also be voidable or rescindable if a lobbyist or employee of the contracting party offers a prohibited gift, gratuity, honoraria or payment to a Public Servant in relation to the Agreement in accordance with Section 2-106.6 of the City Charter.

 

            19.03. A fine shall be assessed to the Authority in the event of a violation of Section 2-106.6 of the City Charter.  If applicable, the actions of the Authority, and its representative lobbyist or employee, shall be referred to the appropriate prosecuting authorities. 

 

            19.04.              Pursuant to Section 7.5-310 of the City Charter, it shall be the duty of every Public Servant, contractor, subcontractor, and licensee of the City, and every applicant for certification of eligibility for a City contract or program, to cooperate with the Inspector General in any investigation pursuant to Article 7.5, Chapter 3 of the City Charter.

 

            19.05.              In accordance with Section 7.5-310 of the City Charter, any Public Servant who willfully and without justification or excuse obstructs an investigation of the Inspector General by withholding documents or testimony, is subject to forfeiture of office, discipline, debarment or any other applicable penalty.

 

             19.06.             As set forth in Section 7.5-308 of the City Charter, the Inspector General has a duty to report illegal acts.  If the Inspector General has probable cause to believe that any Public Servant or any person doing or seeking to do business with the City has committed or is committing an illegal act, then the Inspector General shall promptly refer the matter to the appropriate prosecuting authorities.

 

ARTICLE XX

Miscellaneous

 

            20.01               (a)        No failure by the Authority to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right, term or remedy resulting from a breach thereof shall constitute a waiver of any such covenant, agreement, term or condition of this Agreement and the same shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.

 

            (b)        Each party reserves and shall have the exclusive right to waive, at its sole discretion, and to the extent permitted by law, any requirement or provision under this Agreement unless such waiver is specifically prohibited.  No act by or on behalf of a party hereto shall be, or shall be deemed or construed to be, a waiver of any such requirement or provision, unless the same be in writing, signed by the authorized representative of the party and expressly stated to constitute a waiver.

 

            20.02               If any provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of the Agreement, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

 

            20.03               This Agreement, including all Exhibits attached hereto, which is a part of this Agreement, contains the entire agreement between the parties and all prior negotiations and agreements are merged herein.  Neither the Authority nor the Authority's agents have made any representations except as expressly set forth herein, and no rights or remedies are or shall be acquired by the Contractor by implication or otherwise unless expressly set forth herein.  The Contractor hereby waives any defense it may have to the validity of the execution of this Agreement.

 

            20.04               Unless the context otherwise expressly requires, the words "herein," "hereof," and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular article or section or other subdivision.

 

            20.05               All the terms and provisions of this Agreement shall be deemed and construed to be "covenants" and "conditions" as though the words specifically expressing or importing covenants and conditions were used in each separate term and provision.

 

            20.06               The headings and sections in this Agreement are for convenience only and shall not be used to construe or interpret the scope of intent of this Agreement or in any way effect the same.

 

            20.07               The rights and remedies set forth herein are not exclusive and are in addition to any of the rights and remedies provided at law or in equity.  The Agreement and all actions arising hereunder shall be governed by, subject to and construed according to the laws of the State of Michigan.  The Contractor agrees, consents and submits to the personal jurisdiction of any competent court in Wayne County, Michigan for any action arising out of this Agreement.  The Contractor agrees that service of process at the address and in the manner specified in Article 14 will be sufficient to put the Contractor on notice, and the Contractor hereby waives any and all claims relative to such notice.  The Contractor also agrees that it will not commence any action against the Authority because of any matter whatsoever arising out of or relating to the validity, construction, interpretation and enforcement of this Agreement, in any courts other than those in the County of Wayne, State of Michigan, unless original jurisdiction can be had in the United States District Court, Eastern District, the Michigan Court of Appeals or the State Supreme Court.

 

            20.08               If any affiliate (as hereinafter defined) of the Contractor shall take any action, which, if done by a party, would constitute a breach of this Agreement, the same shall be deemed a breach by the Contractor with right legal effect.  "Affiliate" shall mean a "parent," subsidiary or other company controlling, controlled by or in common control with the Contractor.

 

            20.09               It is understood that this is not an exclusive service contract, and that during the term of this Agreement, the Authority may contract with other companies and that the Contractor is free to render the same or similar services to other clients; provided, however, that the Contractor's obligations to the Authority contained in this Agreement will not be affected in any manner.

 

            20.10               Neither party shall be responsible for any loss, damage, detention, or delay caused by labor trouble or disputes, strikes, lockouts, fire, explosion, theft, lightning, wind storm, earthquake, floods, storms, riot, civil commotion, malicious mischief, embargoes, government priorities, or requests or demands of the National Defense Program, civil or military authority, war, insurrection, orders or instructions of any federal, state, or municipal government or any department or agency thereof, acts of God, or by any other cause beyond the reasonable control of either party.  Dates for the performance or completion of the work shall be extended by such delay of time as may be reasonably necessary to compensate for the delay.

 

            20.11               For purposes of the hold harmless and indemnity provisions contained in this Agreement, the term "Authority" shall be deemed to include the Detroit Building Authority, the City of Detroit, and all other associated, affiliated, allied or subsidiary entities or commissions, their officers, agents and representatives and employees now existing or hereafter created.

 

            20.12               The Contractor covenants that it is not, and will not become, in arrears to the Authority upon any contract, debt or other obligations to the City, including real property, personal property and income taxes.

 

            20.13               This Agreement may be executed in any number of counterparts and all of said counterparts taken together shall be deemed to constitute one and the same instrument.  Promptly after the execution hereof, the Authority shall submit to the Contractor a confirmed copy of this Agreement.

 

            20.14.              Contractor covenants and agrees that it will complete the Project in a manner consistent with local, state or federal laws, rules or regulations now or hereafter in force and applicable hereto.

 

            20.15.              [INTENTIONALLY OMITTED].

 

            20.16               Contractor acknowledges and agrees that the Authority shall be permitted to audit the Contractor’s financial records pertaining to the Contractor’s performance of this Agreement, which right to audit may be assigned by the Authority to its designee, including the Detroit City Council and the City Auditor General.

 

            20.17               Contractor and each of its subcontractors shall comply with all anti-kickback laws, including the Copeland Anti-Kickback Act (18 USC §874) and is prohibited from inducing, by any means, any person employed in connection with the Project to give up any part of the compensation to which he/she is otherwise entitled.  Contractor shall insert substantially similar language to the language in this Section to ensure compliance by subcontractors with the terms of this Section.

 

            20.18               Contractor and each of its subcontractors are prohibited from paying or accepting any bribe in connection with securing this Agreement or in connection with performing under the terms of this Agreement.  Contractor shall insert substantially similar language to the language in this Section to ensure compliance by subcontractors with the terms of this Section.

 

            20.19               Contractor shall comply with all federal, state and local statutes, rules regulations and orders applicable to the conduct of the work under this Agreement.

 

           

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

 

                                                                                    CITY OF DETROIT BUILDING AUTHORITY, a Michigan public authority and body corporate

 

 

 

                                                                                    By: __________________________

                                                                                                Hakim W. Berry

 

                                                                                    Its:  Chairman

 

 

                                                                                    By: ________________________

                                                                                                Christopher T. Jackson

 

                                                                                    Its:  Treasurer

 

 

                                                                                    ________________________, a ____________________________

 

 

                                                                                    By: ___________________________

 

 

                                                                                    Its: ___________________________

 

 

APPROVED AS TO FORM:

 

 

_________________________________

General Counsel, City of Detroit

Building Authority


 

ATTACHMENT A

 

PAYMENT PROCEDURES

 

 

The Contractor shall submit a cost breakdown of the work for the purpose of developing a schedule of values, as required by the Authority and/or by the funding source's accounting requirements and as required to further breakdown the unit cost in the proposal.  The cost breakdown shall, when totaled, equal the total Contract amount for the work.  The developed schedule of values shall be incorporated into the Contractor's invoice and used on a monthly basis to determine the amount earned by the Contractor that month.  The cost breakdown must meet with the approval of the Authority and may be revised by the Authority at its sole discretion if it reasonably appears unbalanced.  The Authority reserves the sole right, and the Contractor acknowledges such right, to withhold progress payments or portions thereof, in amounts judged necessary by the Authority, should the Contractor become in default of any of the terms and conditions of the Agreement.

 

Procedure for Monthly Payment Applications

 

1.         Before the 25th day of each month, the Contractor will contact the Authority's Project Manager and provide an estimate of the quantities and values of work completed, as projected to the end of the month, so that a value of work completed and earned can be agreed upon.

 

2.         The Contractor must verify quantities and values approved and submit in triplicate the detailed invoice before the 1st day of each month.  For each of the line items in the approved cost breakdown, the Contractor shall indicate total charges through the current billing period, total charges through the previous billing period, total charges for the current billing period, quantities and types of units of work performed and the associated unit prices.

 

3.         The monthly payment request shall be in the form of notarized AIA Documents G702 and G703 ("Application for Payment" and the "Continuation Sheet"), together with a spreadsheet of the schedule of values approved by the Authority.

 

4.         A Partial Unconditional Waiver of Lien shall be submitted by the Contractor and its subcontractors to the Authority prior to the Authority processing Contractor’s requests for payment. A final unconditional waiver of lien acknowledging payment in full to the Contractor and each subcontractor shall be submitted to the Authority at the time final payment is made.

 

5.         A notarized Contractor's sworn statement, showing that all labor and materials furnished to the date of request have been paid in full shall accompany each monthly invoice.

 

6.         All invoice documents and backup must be clearly identified with the Project name and shall be hand delivered or mailed to:

 

Tyrone Clifton, Director

City of Detroit Building Authority

1301 Third Avenue, Suite 328

Detroit, Michigan 48226

 

7.         Requests for payment for extra work items will be accepted only when covered by Change Order (AIA Document G701) to the Agreement and only when submitted in the appropriate format and after written approval by the Authority

 

8.         Payment will not be made for materials stored off of the Project site that have not been inspected and approved by the Authority.

 

9.         Should the Contractor fail to comply with steps (1) through (8), the monthly estimate presented to the Authority may not be honored.

 

10.       No payments shall become due under this Agreement until:

 

a.         This Agreement is executed by the Contractor and the Authority.

b.         Such items as bonds and certificates of insurance are furnished and are satisfactory to the Authority.

c.         Such time as the Authority receives from its funding source(s) funds for the work performed by Contractor, that is properly invoiced by the Contractor.

 

11.       The Authority will pay the Contractor the value of work approved by the Authority, less the applicable retainage for Contractor's invoices that are approved by the Authority in accordance with these payment procedures.

 

12.       Subject to paragraph 13 of these payment procedures, the Authority shall pay the Contractor final payment upon completion by the Contractor of all punchlist items; submission of as-built drawings and operation and maintenance manuals; receipt of consent of the surety; receipt of warranties and guarantees, and upon remittance of final payment from the Authority’s funding source to the Authority.  Payments shall be subject to a retainage of ten (10%) percent of each payment until such time that the work is fifty (50%) percent complete, after which a retainage of ten (10%) percent of each payment may be continued if the Authority determines that the Contractor is not making satisfactory progress towards substantial completion of the work or for any other reason relating to the Contractor's performance under the Agreement.

 

13.       Acceptance of final payment by the Contractor shall constitute and operate as a release of the Authority and the City of Detroit (the “City”) from any and all claims by the Contractor of any liability of the Authority or the City for any act or omission relating to or arising under the Agreement, including any prior omission, negligence or default of the Authority, the City, or any of their officers, employees, agents or contractors.  Any claim by Contractor relating to or arising from the Agreement and not otherwise waived by Contractor shall be submitted to the Authority prior to final payment in a verified statement of any and all claims relating to or arising under the Agreement, setting forth with respect to each such claim the total amount thereof, the various items of labor and materials included therein and the value of each such item, the claim for any delay, the alleged cause of each such delay, the period or periods of time of such delay, giving the dates when the Contractor claims the performance of the work or any particular part thereof was delayed and an itemized statement and breakdown of the amount claimed for each such delay.  Unless Contractor’s claims are completely submitted as required herein prior to the Authority’s final payment to the Contractor, the Contractor will have waived such claims and the right to assert the claims.

 

 

 



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