REQUEST FOR PROPOSALS
City of Holland
Holland Board of Public Works
TABLE OF CONTENTS
Terms and Conditions
ion, Testing, and Acceptance
n Criteria and Evaluation
Affidavit of Bidder
REQUEST FOR PROPOSAL
Sealed proposals to provide a new
system for the Holland
Board of Public Works (HBPW) will be received in the office of the Holland Board of Public Works,
625 Hastings Avenue, Holland, Michigan, 49423, unti
January 17, 2011
at 2:00 p.m., local time.
The selected contractor will be required to comply with all applicable Equal Employment
Opportunity laws and regulations. All Vendors will be required to certify that they are not on the
HBPW list of ineligibl
The HBPW hereby notifies all Vendors that it will affirmatively ensure, in regard to any contract
entered into pursuant to this advertisement, that Disadvantaged Business Enterprises will be
afforded full opportunity to submit proposals in
response to this Request For Proposal and will not
be discriminated against on the grounds of race, religion, color, sex, handicap, or national origin,
in consideration for an award.
The HBPW reserves the right to postpone, accept, or reject any and all p
roposals in whole or in
part on such basis as the HBPW deems to be in its interest to do so.
No proposal may be withdrawn for one hundred and twenty (120)
days after the scheduled closing
time of the proposals. Proposals
be submitted to the HBPW Pro
curement Specialist, Amy
HBPW is soliciting bids for an Interactive Voice
objective of this procurement is to
extended capabilities to the
voice communication system.
The HBPW has a Cisco Voice Communication System with a TelRex Callrex
recording solution. The Service
enter houses the main components of the Cisc
Voice Communication System. It
includes the following hardware and software
Dell R710 call recording
co 2951 voice gateway
Cisco 7825 CCX server
Cisco 7825 SmartNet
CM Cisco MCS
Cisco Unified Communications Manger Business Edition Ver. 8
Cisco Unity Connection Ver. 8
Cisco Contact Center Xpress Ver. 8.02SU1
Windows Server 2003 R2 Standard Edition
Satellite locations (including the JDY Power Plant, Wastewater Treatment Plant, Water
Filtration Plant, and City Hall) use a Cisco 2901 voice gateway.
There are approximately 179 Cisco phones located th
roughout HBPW facilities. Total
number of phones by model number is listed below:
7942G (2 button desktop, total of 160)
7962G (6 button desktop, total of 12)
7937G (conference, total of 3)
7952G ( wireless IP, total of 4)
Throughout this RFP, the
Owner" or “HBPW” will be used to refer to the HBPW and
Vendors submitting proposals will be referred to as "Bidder" or "Vendor".
The successful Vendor
be the sole responsible party throughout the delivery,
ning, warranty, and maintenance periods. Any subcontractor utilized
by the Vendor
be identified in the proposal with the areas of responsibility
clearly defined. A change of subcontractors throughout the installation, warranty or
requires the prior written approval of the Owner. The
successful Vendor will have ultimate responsibility for all subcontractors utilized for
this project. The selected Vendor
provide a project manager as a single point
of contact for the Owner thr
oughout the planning and implementation of the project.
The selected Bidder will be required to engineer, design, furnish, install, test and
maintain the new
system. The system
consist of all new equipment. The
base Bid price of the selected Vendor
also include all labor, equipment, and
materials necessary to meet the
Owner's training requirements, as specified in this
The Board of the Owner, reserves the right to wa
ive any informality or irregularities
in the Bidding procedures, to reject any or all proposals or to accept the proposal
deemed in its best interests to do so.
Prior to payments being made by the Owner, releases of all liens and sworn
provided in that all labor and materials are paid in full to date.
Access to the buildings will be Monday thru Friday 7:30 a.m.
5:00 p.m. Hours
outside of these can be negotiated with the Technology Department as needed.
Schedule of Events
The following is a schedule of events for this project.
Release of RFP to Bidders
Written Questions from Bidders
, no later than 2:00 p.m.
Response to Q & A’s
Receipt of Proposal
no later than 2:00
Board Meeting for approval
To Be Determined
City Council Meeting for approval
o Be Determined
Terms and Conditions
A Surety Bond, Certified Check, Cashier’s Check, Treasurer’s Check or bank draft of
any State or National Bank representing five percent (5%) of the total amount of the
accompany the bid response.
The bonding company
be on the
U.S. Treasury list and approved by the State of Michigan
securities will be retained until after award. No response will be considered unless
response surety, check or draft is submitted with the proposal package.
include a resp
onse to everything requested within this RFP.
This bid package
be submitted in
sealed package labeled
and delivered either USPS, express delivery, or person
, on or
before 2:00 p.m.,
, to Holland Board of Public Works, 625 Hastings
Avenue, Holland, MI 49423. It is the sole responsibility of the Vendors to ensure that
their responses arrive in a timely manner. The Owner will reject all late arrivals.
ated time frames for acquisition of material,
construction start date and completion date.
Any additional costs that may be
incurred to meet the requested time frames should be detailed separately.
Along with the Bid response,
duct specification sheets
for their proposed system and installation components
Any interpretation, correction, or change of the RFP will be made by
Interpretations, corrections, or changes to the RFP made in any other manner will
binding, and the Vendors should not rely upon such interpretations,
corrections, or changes. Changes or corrections will be issued by the Owner’s
Addenda will be issued as expeditiously as possible (if
necessary by FAX or E
It will be the responsibility of all Vendors to contact
the Owner’s Purchasing Department prior to submitting a response to the RFP to
ascertain if any addenda have been issued, and to obtain any and all addenda,
execute them, and return addenda with the
response to the RFP
All questions relative to the technology specifications, content or function of the RFP
should be directed to Ellen Taub,
). All p
cess related questions should be
directed to Amy Yost, HBPW Procurement Specialist
be valid for a minimum of 120 days following the closing date of this
be made on a project progress basis as follows:
40% upon equipment delivery (on
40% upon system cut
10% upon system completion
10% upon Owner’s final approval in 60 days after completion
If the Vendor’s payment schedule varies from th
at outlined above, it
identified in the response.
The Owner is exempt from Michigan state sales and use taxes on materials and
equipment to be incorporated in the work. Any sales or use tax required to be paid
be included in the bid price. A contractor
pay all sales,
consumer, use, and other similar taxes required to be paid by Contractor in
accordance with the Laws and Regulations of the place of the Project which are
applicable during the performance of
Acceptance will be deemed "in full" upon receipt by the Vendor of a Notice of
Acceptance issued by the Owner upon full implementation of the Terms and
Conditions and Technical Specifications of the Contract. Prior to the issuance of the
of Acceptance, the Vendor
notify the Owner in writing of a release of all
liens for materials and services associated with this project.
Price quotations are to include the furnishing of all materials, equipment,
maintenance and training manuals, to
ols, and the provision of all labor and services
necessary for the proper completion of the work except as may be otherwise
expressly provided in the Contract Documents. The Owner will not be liable for any
costs beyond those proposed herein and awarded.
Time and materia
ls quotes will
In connection with the execution of this Contract, the Vendors and subcontractors, if
not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age,
or national origin. The Vendors
affirmative action to ensure that minority and disadvantaged applicants are
employed and employees are treated during their employment without regard to
race, religion, color, sex, age, or national origin.
ime contractor agrees not to terminate for convenience a DBE subcontractor,
and then perform the work of the terminated subcontract with its own forces or those
of an affiliate, without HBPW’s prior written consent. When a DBE subcontractor is
or fails to complete its work on the contract for any reason, the prime
contractor agrees to find another DBE subcontractor to substitute for the original
DBE. These good faith efforts should be directed at finding another DBE to perform
at least the sam
e amount of work under the contract as the DBE that was
The Vendor performing the work
comply with applicable federal, state, and
local laws, rules, and regulations including the minimum wage and prevailing wage
guidelines. The Vendor
give required notices,
governmental licenses and inspections, and
pay without burden to the Owner
all fees and charges in connection therewith unless specifically provided otherwise.
In the event of violation, the Vendor
pay all fines and penalties, including
attorney's fees, and other defense costs and expenses in connection
conform to the latest
Edition of the National Electric Code, the Building
Code, and all local codes and ordinances, as a
pplicable. EIA/TIA Documents 568
be adhered to during all installation activities. Methodologies outlined
in the latest edition of the BICSI
Telecommunications Distribution Methods Manual
also be used during all installation activities.
Should conflicts exist with the
foregoing, the authority having jurisdiction for enforcement will have responsibility for
take the necessary precautions and bear the sole responsibility for
the safety of the method
s employed in performing the work.
at all times comply with the regulations set forth by federal, state,
and local laws, rules, and regulations concerning "OSHA" and “MIOSHA” and all
applicable state labor laws, regulations and standards.
indemnify and hold harmless the Owner from and against all
liabilities, suits, damages, costs, and expenses (including attorney's fees and court
costs) which may be imposed on the Owner because of the Vendor, subcontractor,
failure to comply with the regulations stated herein.
identify all wall/ceiling penetrations before drilling. If asbestos is
involved, the Owner will remove the asbestos.
It is the responsibility of the Vendor to pay any and all costs in
curred from the clean
up related to any environmental hazard created by means of release, spill, leak or
any other means of contamination caused by accident or negligence.
It is the responsibility of the Vendor to dispose of any product(s) and/or material
following EPA, DNRE and local applicable laws and regulations.
It is the responsibility or the Vendor to purchase the proper authorities or permits, if
required, prior to commencing said project or, should a “release” take place, to notify
ties of any such release.
It is the responsibility of the Vendor to maintain an
blood born pathogen plan
and all necessary safety supplies associated with any spill or clean up that may
not use the Owner’s dumpsters for envi
be made by legally accepted methods.
Any existing property damaged by the Vendor during the course of installation
be replaced to at least meet the pre
damage condition of the property by the Vendor
at no a
dditional cost to the Owner. This includes ceiling tiles and/or grid.
assume the full duty, obligation, and expense of obtaining and
maintaining necessary insurance.
be fully liable to provide and maintain in force during the life of this
Contract, such insurance, including Public Liability Insurance, Product Liability
Insurance, Auto Liability Insurance, Workman’s Compensation and Employer’s
Liability Insurance, as r
equired by the laws of the State of Michigan. The Vendor’s
contain as a minimum, the following provisions, coverage, and policy
limits of liability.
provide Workmen's Compensation insurance covering all
employees in statutory
limits who perform any of the obligations assumed by the
Contractor under the contract.
provide Public liability and property damage liability insurance
covering all operations under the contract. The Vendor
provide Limits for
injury or death not less than $500,000 for one person and $500,000 for each
accident; for property damage, not less than $500,000 for each accident and
$1,000,000 aggregate umbrella for accidents during the policy period.
le liability insurance on all self
used in connection with the contract, whether owned, non
owned, or hired. The
provide Public liability limits of not less than $300,000 for one person
and $500,000 for each accident; proper
ty damage limit of $500,000 for each
have the right at any time to require public liability insurance and
property damage liability insurance greater than those required in
subsections. In any such event, the additional premium payable as the result of
such additional insurance
be added to the contract price.
furnish to the Owner a Certificate of Insurance, in such form as the
Owner may prescribe, evide
ncing compliance with the foregoing requirements.
Certifications of insurance
list the following as additionally insured; Holla
Board of Public Works
furnish to the Owner a Certificate of Insurance or duplicate policies
e described above which specifically protect the Owner. This will be
accomplished by naming the Owne
as named insured under the policy and by
providing an endorsement under the terms of which the insurer specifically agrees
not only to pay any claims incu
rred by or resulting to the Owner, but also agrees to
enter a defense on behalf of the Owner. The defense includes any and all suits or
actions, in which the liability of the Owner is vicarious and is predicated upon
allegation of some act of omission by T
he Vendor, subcontractor, or his or her
agents. This proof
be received within two (2) working days after notice of
award. Purchase order(s) will not be issued until Certificates of Insurance are
contain a provision f
or notification to the Owner thirty (30)
days in advance of any material change in coverage or cancellation. Notification
be in writing and signed in ink by a duly authorized officer of the Insurer.
Insurance Companies are subject to approval and may
be rejected by the Owner
without stated cause.
ten (10) days after final contract approval and notice of award, the Vendor is
required to have a valid Performance and Payment Bond in force covering the work
performed up to the acceptance by the Ow
ner. The Performance Bond
the amount of one hundred (100) percent of the Contract amount, with sureties listed
by the U.S. Department of Treasury and approved by the State of Michigan.
An agreement to provide
System will only be entered with a Bidder qualified
by experience and financial stability.
be in their current business
for at least the past five (5) years
provide a description of the
Bidder’s core business
r doing this work
be a reputable firm regularly doing this type of work
with skilled, fully trained technicians and equipment capable of performing a first
class installation in accordance with standard industry practices. All Vendor
be factory certified for the System that they are to install and/or
either be the manufacturer of the equipment proposed or a factory
If not the manufacturer, the Bidders
have a proven cl
ose and long
relationship with the manufacturer in order to demonstrate the Bidder's commitment
to supporting the products proposed.
be supplied with the Bid in the
form of a written guarantee from the manufacturer, stipulating that th
will provide support for the system if the Bidder is either unwilling or unable to do so
at any time within 10 years of the cut
over of the System. This
documentation as to the number of years supplying the product, size of inventory,
test and training Center support, etc.
provide names, addresses and contacts for at least five (5) verifiable
have the proposed eq
uipment similar in size and scope, installed
be a paying customer external to the Bidder's
have installed and supported the referenced systems.
System and e
one proposed in the bid
nclude company/organization name and address of
installation, a description of the equipment installed and the name and
telephone number of the contact person.
be prepared simply and economically, providing a concise delineation of
the Bid capabilities to satisfy the requirements of the RFP. Completeness and clarity
of content should be emphasized. Unnecessarily elaborate bindings and unrelated
rmation or descriptions are not required.
Any expenses for developing the Bid are entirely the responsibility of the Bidder, and
not be charged for these expenses in any manner.
The Owner will
not be liable for any cost incurred by the Vendors in preparing responses to this RFP
or negotiations associated with award of a contract.
submit one (1) original, two (2) paper copies and one (1) CD copy
of the Bid respon
Bidders are required to submit an electronic copy of their Purchase Contract in Word
format with their Bid.
This RFP, any subsequent addendum, and the Vendor response submitted by the
selected Bidder will become part of the contract between the
Vendors submitting Bids to this RFP may be required, at the request and option of
Owner, to make an oral presentation, demonstration or provide written
clarification. These presentations, demonstrations or written clarifications
provide an opportunity for the Bidders to clarify but not modify their Bid.
be submitted containing the following five Bid sections:
Bid Section 1
Response to Technical Specifications
This section includes
, explanation of how integration between
software will be accomplished.
Bid Section 2
Bidder Qualifications and References
This section includes
bidder qualifications references, as explained in
Section 3.0 Bidder
include qualifications and references to
indicate their ability to successfully complete a project of similar size and
It is especially important to discuss Utility experience with regards to
implementing an IVR solution.
This section includes any reference
to the product
services being bid.
Bid Section 4
This section includes all contracts that will
signed, if the Vendor is
the selected bidder.
a copy of their Purchase Agreement and Maintenance Contracts in this
Section of the Bid.
Bid Section 5
This section includes ALL bid pricing information,
including but not limited to, the followi
Integration with Harris Northstar Customer Service application
Integration with Trimble Utility Center Outage Management application
Hourly rates will not be accepted.
expected. Vendor may provide a
detailed price breakdown for various levels of integration
be based on F.O.B. HBPW, Holland, Michigan.
Maintenance for five years, including fir
provide 24/7, 365 service level agreement options and
pricing for both response and repair in their bids
. The successful
strive for resolution of problems as promptly as possible
under all conditions.
provide all pricing, including Bid Bond information and 5% bond,
check or draft as explained in section 2.1.
The Owner participates in the State of Michigan’s MiDeal program. If the
Bidder has special pricing through the MiDeal program or any other spec
governmental pricing schedule and that pricing is less than the Bidder’s
standard discounts, then the MiDeal or special pricing should be offered in
The Bids should be submitted on 8 1/2" by 11" paper,
12 point print, in 3
ring binders, clearly labeled to show the Bidder's name.
be submitted with the understanding that the acceptance in
writing by HBPW of the offer to furnish any or all goods or services described therein
will bind th
e Bidder on his part to furnish and deliver at the proposal price, in
accordance with the conditions of said accepted proposal and specifications.
be accompanied by a sworn and notarized affidavit disclosing
any familial relationship th
at exists between the Owner or any employee of the
Bidder and any member of the Board of the Owner or any employee of the Owner.
The Board of the Owner
not accept a Bid Proposal that does not include this
sworn and notarized disclosure statement. The Familial Affidavit
your proposal. The aff
idavit is included as Appendix A
be aware that:
Underlined phrases and sentences
in this RFP are requests made by the
HBPW for information or a response from the Vendor
include a response to everything requested within this RFP.
Evaluating and scoring of each Bid will depend upon how many requests are
sponded to or
answered by the Vendor
The awarding of the contract will greatly depend upon which Vendor responds
answers the most number of requests.
ystem Technical Specifications
HBPW is soliciting Bids for an IVR system. The objective of this procurement is
reduce the number of calls handled by Customer Service Representatives,
thereby allowing more time to perform other Customer Service tasks (e.g.,
wait time for customers requiring assistance from Customer Service
allow customers the opportunity of self
(e.g., payment arrangements)
thereby minimizing the amount of time ne
eded to have questions answered
automate the process of standard outg
oing customer calls (e.g., planned outage
notification, boil water alerts, collection notifications, overdue payments)
provide leading support and consulting services in the design of the
IVR solution for the HBPW. The bidder
gnificant experience with IVR
implementation at utilities.
be located at an HBPW facility.
e with the HBPW’s current voice c
, as detailed in section 1.2
include text to speech capabilities.
The Vendor must identify
the maximum number of outbound calls that can be
handled by the system, and associated costs.
The Vendor must identify the maximum number of simultaneous
inbound calls that
the system can
handle, and associated costs.
This includes the maximum number
of calls that can reside in the queu
support industry standard protocols,
SIP, and MRCP.
adhere to the relevant data security c
ertification from the Payment
Card Industry Council. Specifically, the IVR application should hold PA
(Payment Application Data Security Standard) Acceptance from the PCI Council.
integrate with the Trimble Utility Center outage management
. Integration points include
, but are not limited to,
reporting to customers, crew callout, caller verification, caller voice messages for
dispatch, and customer call
integrate with Harris Northstar utility billing system
Integration points include, but are not limited to, payment arrangements,
updating customer account information, and bill payment.
issues are the responsibility of the bidder. The bidder
integration issues with the vendors. The vendor
provide a FINAL price for
integration to Trimble Utility Center
and Harris Northstar
The HBPW wi
ll NOT pay the bidder for extra costs incurred by bidder during the
on process. All
elements required for integration
be included in the
bid, including, but not limited to integration time and api connections.
include automatically populating the Trimble Utility Center and
Harris Northstar databases with information received from incoming calls
be capable of speech
, and the bidder
optional line item for speech recognition.
be capable of a Spanish language, and the bidder
an optional line item for Spanish Language.
include reporting capabilities that allows HBPW staff the
monitor status of incoming calls, wait times, dropped calls, percentage
of callers who were able to acquire information without needing to speak with a
customer service representative.
The HBPW’s current Cisco phone solution has many mission critical features, such
as call routing, employee directory, and call reporting. Use of the solution
feature currently available through the current phone system without
cing it with an equivalent or better option.
The HBPW currently offers on
line and phone payment options to residential
customers through an outside vendor, Payment Services Network (PSN). Through
this solution, on
line and phone payments are updated onl
y once a day through a
batch file. The HBPW would like the option of updating customer payments, in
, directly through the IVR in a live mode without the
need for a daily batch file.
The bidder is expected to provide a com
plete IVR solution, including design,
implementation, and train
ing. The HBPW will evaluate all
bids on price as well as
perceived ability to provide a complete solution.
Proper training is essential to the successful installation of the
adequate training aids
(e.g., cheat sheets)
in the use of the
uipment for system users and system administrators.
The cost of training
be included in the Bid price.
be of a "
" nature, using live equipment.
Installation, Integration, Testing,
provide all materials, equipment and labor necessary to install,
the system. This includes, but is not limited to, delivery,
unloading, storage, installation, inspection and testing of the system and
components, and m
anagement of all Vendor and any
provide a detailed implementation schedule that includes, but is
not limited to:
Installation of hardware and software
’s Harris Northstar Customer Service application
’s Trimble Utility Center
Full system documentation
also be provided to the
Owner, including user
manuals, system description, maintenance manuals,
configuration tables. The Vendor
Notwithstanding the written certification by the Vendor that the equipment has been
installed and ready for use, the equipment
not be deemed installed within the
terms of the contract until such installation is con
firmed by the
meet or exceed the agree
d acceptance criteria during a
acceptance period, which begins on the cut
over date. The system will then be
pted following this successful
0 day p
Operations that disrupt service
be performed outside of normal working hours
at a time that is acceptable to the Owner.
romptly correct all defects for which the Vendor is responsible.
ake all reasonable eff
orts to minimize disruption to normal
Owner activities. The
Owner reserves the right to determine if the Vendor's work is
causing undue disruption to the
Owner’s normal business routines, and, if so,
arrange with the Vendor alternate times and/or methods
for completing the work
causing the disruption.
designate a Project Manager for the contract, who will submit and
coordinate a schedule of installation activities with the Owner’s designated Project
Manager. The Vendor Project Manager will be the Vendor's prime point of contact
Owner and will
provide the regular status update reports and attend
coordination meetings with the
Selection Criteria and Evaluation
Contract will be awarded to the proposal determined to be the most responsive
qualified and cost effective
to the needs of the
An evaluation committee will consider
but not be limited to
capabilities, experience, refer
ences, and pricing of bids.
When deemed necessary, the HBPW will conduct formal interviews of selected
Vendors that are determined to be
best qualified based on the evaluation of the
The total Project budget will be determined by the final negotiated price between
HBPW and the successful Bidder.
The Contract for this Project
be a firm fixed price type.
The price stated in any
include all items of labor, materials,
equipment, tools and other costs necessary to fully complete and deliver this Project
pursuant to the specifications. It is the intention of these specifications to provide
and require a compl
ete Project of the type prescribed. Any item or items omitted
from such specifications which are clearly necessary for the completion of such
Project and its appurtenances
be considered a portion of such Project although
not directly specified or called for in these specifications.
In determining the successful Vendor, consideration is given to the Vendor’s
qualifications, content of proposal, and financial proposal as des
cribed in the
evaluation criteria. The Contract award for this Project will be made to the Bidder
making the best response to the RFP, the most advantageous offer to HBPW and
the price considered.
Additions, deletions or
modifications to this Agreement may be made only in
accordance with a written agreement between the parties.
Any dispute concerning a question of fact arising under the Contract
which is not disposed of by agreement will be decided by HBPW. The
the HBPW will be final, unless determined by a court of competent jurisdiction to
have been fraudulent or capricious or arbitrary or so grossly erroneous as
necessarily to imply bad faith, or not supported by substantial evidence. In
on with any appeal proceeding under this clause, the Contractor will be
afforded an opportunity to be heard and to offer evidence in support of its appeal.
Pending final decision of a dispute there under, the Contractor
diligently with the pe
rformance of the Contract and in accordance with the HBPW
This clause does not preclude consideration of law questions in connection with
decisions provided for in this clause, provided that nothing in this Contract will be
construed as making f
inal the decision of any administrative official, representative
or board on a question of law.
Patents, Trademark, Copyrights
The Contractor warrants that the goods and
services do not infringe on any patent, trademark, copyright or trade secret of any
third parties and agrees to defend, indemnify and hold HBPW, its officers, agents,
employees, trustees and its successors and assigns, harmless from and against any
and all liabilities, loss, damage or expense, including, without limitation, court costs
d reasonable attorneys' fees, arising out of any infringement or claims of
infringement of any patent, trade name, trademark, copyright or trade secret by
reason of the sale or use of any goods or services purchased under this Contract.
HBPW will promptly
notify the Contractor of any such claim. HBPW makes no
warranty that the production, sale or use of goods or services under this Contract will
not give rise to any such claim and HBPW will not be liable to the Contractor for any
such claim brought agains
t the Contractor.
If any invention, improvement, or discovery of the Contractor is conceived or first
actually reduced to practice in the course of or under this Project, and that invention,
improvement, or discovery is patentable under the laws of the Un
ited States of
America or any foreign country, the Contractor will notify HBPW immediately and
provide a detailed report. The rights and responsibilities of HBPW and, the
Contractor with respect to such invention, improvement, or discovery will be
ned in accordance with applicable Federal laws, regulations, policies, and
any waiver thereof.
The Contractor agrees to indemnify and hold HBPW, its officers,
agents, employees and/or trustees, harmless from and against any and all claim
causes of action brought against HBPW and from any and all damages, losses,
expenses, attorneys' fees, costs and liabilities sustained by HBPW arising out of any
claimed defect in the goods or services supplied by the Contractor, any claimed
manufacture, design, design drawings, specifications, materials or repairs
provided by the Contractor pursuant to the Contract, and any claim by a third party
for patent, trademark, copyright, or trade secret infringement. The Contractor's
r this paragraph will include the obligation to indemnify and hold
HBPW harmless for its own negligence whether active, passive or concurrent, in the
performance of HBPW duties and obligations pursuant to the Contract.
The terms and provisi
ons of the Contract documents will be binding
upon HBPW and the Contractor and their respective partners, successors, heirs,
executors, administrators, assigns and legal representatives. The rights and
obligations of the Contractor under the Contract may
not be transferred, assigned,
sublet, mortgaged, pledged or otherwise disposed of or encumbered in any way
without HBPW prior written consent. The Contractor may subcontract a portion of its
obligations to other firms or parties but only after having firs
t obtained the written
approval by HBPW of the subcontractor.
HBPW may assign its rights and obligations under the Contract to any successor to
the rights and functions of HBPW or to any governmental agency to the extent
required by applicable laws or
governmental regulations or to the extent HBPW
deems necessary or advisable under the circumstances.
During the course of the Project and for five (5) years thereafter,
the Contractor agrees to retain intact and to provide any data, docu
records, contracts, and supporting materials relating to the Project as the HBPW
may require. Project close out does not alter these requirements.
Contractors Liability Insurance
maintain such insurance as
will protect it from claims under Workers' Compensation Acts and other employee
benefit acts; from claims for damages because of bodily injury, including death, to its
employees and all others and from claims for damages to prop
erty; any or all of
which may arise out of or result from the Contractor's operations under the Contract,
or from any subcontractor or anyone directly or indirectly employed by either of
them. This insurance
be written for not less than the limits sp
be named as additionally insured in respect to all liability insurance
policies. All policies
contain an endorsement that written notice
to HBPW prior to termination, cancellation or reduction in coverage in th
Certificates of such insurance
be filed with HBPW prior to the start of the
Worker's compensation insurance
be in the amount and coverage
required by the State of Michigan to protect it from claims under the Worker's
ation Act and other employee benefit acts.
General comprehensive liability insurance, including bodily injury and death,
and property damage insurance in the minimum amount of $1,000,000 per
Automobile liability and garage keepers liability,
including bodily injury and
property damage, insurance in the minimum amount of $2,000,000 per
Prior to the start of Contract performance, the
advise HBPW in writing of the primary and alternate rep
(including phone numbers) who will have management responsibility for the total
Contract effort to receive and act on technical matters and resolve problems of a
Holland Board of Public Works Representative
Prior to the start of Contract
performance, the HBPW Project Manager will furnish a letter to the Contractor
indicating the personnel who will represent HBPW in the administration of this
Contract to insure successful performance. Such letter
duties of each individual and their limits of authority.
Termination of Agreement
This agreement may be terminated for reasons of
convenience or default.
Termination for Convenience: HBPW may terminate this Agreement, in
whole or in part,
at any time by written notice to the Contractor. The
be paid its costs, including Contract closeout costs and profit
on work performed up to the time of termination. The Contractor
promptly submit its termination claim to be paid th
e Contractor. If the
Contractor has any property in its possession belonging to or paid for by
HBPW, the Contractor will account for same, and dispose of it in the manner
Termination for Default: If the Contractor does not deliver the comp
Project in accordance with this Agreement or if the Contractor fails to comply
with any other provisions of the Agreement, HBPW may terminate, revoke or
rescind this Agreement for default. Termination, revocation or rescission
be effected by ser
ving notice on the Contractor setting forth the manner
in which the Contractor is in default. The Contractor will only be paid the
Contract price for the portions of the Project furnished, accepted, and found in
compliance with the terms and conditions of
If it is later determined by HBPW that the Contractor has an excusable reason for
not performing, such as a strike, fire or flood, events which are not the fault of, or are
beyond the control of the Contractor, HBPW, after setting up a ne
w delivery or
performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
Termination, revocation or rescission of this Agreement for default
not affect or
impair any rights or claims of
HBPW to damages for breach of any covenants of this
Agreement by the Contractor. Further, should the Contractor fail to comply with the
conditions of the Agreement or fail to complete the specified work or furnish the
specified services as stipulated in
the Agreement, HBPW reserves the right to
purchase on the open market, or to complete the required work at the expense of
the Contractor and to pursue all other recoveries available to HBPW under Michigan
In the event of a dispute under this Agreemen
t, HBPW and the Contractor agree that
proper venue for purposes of litigation will be Ottawa County, Michigan.
Compliance with Laws and Regulations
The Contractor warrants that it is and
will remain in compliance with all federal, state, and local laws,
ordinances relating to the manufacture, sales, and delivery of the goods and
services sold to HBPW in connection with this Contract.
No HBPW employee, officer, or agent, including any member
of an evaluation
committee for a HBPW project, may participate in the selection,
award, or administration of a HBPW contract if a real or apparent conflict of interest
would exist. Such a conflict would exist when any of the parties set forth below has
a material financia
l or other interest in a firm selected for award:
any employee, officer, or agent of HBPW;
any member of his/her immediate family;
his/her partner; or
an organization employing or about to employ any of the above.
Any interest as
or stockholder of
one percent (1%) or less in such a firm
not be deemed to be a material financial interest, but serving as Director, officer,
consultant, or employee of such an organization would be deemed a material
Equal Employment Opportunity
In implementing the Project, the Contractor may
not discriminate against any employee or applicant for employment because of race,
color, creed, sex, disability, age, or national origin. The Contractor agrees to take
affirmative action to ensure that appl
icants are employed, and that employees are
treated during employment, without regard to their race, color, creed, sex, disability,
age, or national origin. Such action
include, but not be limited to, the following:
employment, upgrading, demotion o
r transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor
insert the foregoing
provision (modified only to show the par
ticular contractual relationship) in all its third
party contracts for Project implementation, except contracts for standard commercial
supplies or raw materials and construction contracts, and
require all such
contractors to insert a similar provisio
n in all subcontracts, except subcontracts for
standard commercial supplies or raw materials.
Remedies / Breach of Contract
If the Contractor breaches any provision in this
Contract, the Contractor agrees to reimburse HBPW for all damages suffered,
ding but not limited to incidental, consequential and other damages, as well as
lost profits. The remedies in this Contract
be cumulative and in addition to any
other remedies allowed to HBPW under applicable law. No waiver by HBPW of any
be a waiver of any other breach or remedy
Affidavit of Bidder
The undersigned, the Owner or authorized officer of ________________________ (the “Bidder”),
pursuant to the familial disclosure requirement provided in the Holland Board of Public Works (the
Owner”) advertisement for
eby represent and warrant, except
as provided below, that no familial relationships exist between the Management or any employee of
_________________________________ and any member of the Board of the Owner or an
employee of the Owner.
List any Familial
STATE OF MICHIGAN
COUNTY OF ____________ )
This instrument was acknowledged before me on the _____ day of ____________, 201
, Notary Public
______________ County, Michigan
My Commission Expires: __________
Acting in the County of: ___________
The prices stated in this proposal are guaranteed for a period of not less than 120 days, and if
notified of acceptance of this proposal within this period, the undersigned agrees to execute a
Contract for the above stated compensation within ten days after notification. Work will begin
immediately within 10 days after the Notice to Proceed.
ersigned certifies that the Bid contained herein meets or exceeds the attached
specifications with the exception of those items listed in the variance section of the Bidder’s
COMPANY NAME: ____________________________________________________
Authorized Signature*: ___________________________________________________
Title: ___________________________________ Telephone: ____________________
* Authorized Signature
be an individual who has authority to bind the Corporation in