2025 RFB Snowplow and Salting Services .pdf

Department of Purchasing Justin Williams | Purchasing Manager

7900 South Westnedge Avenue, Portage, MI 49002 Phone: 269-324-9284 | Email: purchasing@portagemi.gov

v. 03.19.2025

Date Released: September 15, 2025

REQUEST FOR BID (RFB) NOTICE

2025 RFB SNOW PLOWING & SALTING SERVICES

The City of Portage invites interested Contractors to submit a sealed bid for a multiple year contract for a term of (3) base years and three option (3) years for provision of snow plowing and salting services of 18 crosswalks, five public facilities and Portage Zhang Senior Center.

Sealed bids will be opened on October 13, 2025 at 3:00 p.m. prevailing local time via Zoom.

Questions and requests for clarification related to definition or interpretation of this RFB shall be submitted in writing prior to 5:00 p.m. local time on October 6, 2025, by email to:

Justin Williams, Purchasing Manager purchasing@portagemi.gov

No questions will be accepted via telephone and oral explanations or instructions shall not be considered binding on behalf of the City. An addendum will be issued in response to questions, which will only be available by downloading from the BidNet website.

Bids must be submitted prior to the bid opening date via BidNet at the following website: MITN Purchasing Group. Please call the MITN Purchasing Group support department toll free 1-800-835- 4603 option #2 for any questions related to registering with BidNet or submitting a response via BidNet.

A Pre-Bid Meeting is scheduled for September 30, 2025 at 10:00 a.m. via Zoom.

The City reserves the right to reject any or all bids, to waive any irregularities, and further reserves the right to accept any bid or parts of bids which it deems to best serve the interest of the City. Award will generally be made to a single bidder on each entire lot. However, the City reserves the right to award by line item within any lot which it deems to best serve the interest of the City. In addition, contracts will be awarded pending City Council budget approval.

A complete Request for Bid may be viewed or downloaded at MITN Purchasing Group.

v. 03.19.2025

REQUEST FOR BID INDEX

2025 RFB SNOW PLOWING & SALTING SERVICES

REQUEST FOR BID (RFB) NOTICE

REQUEST FOR BID INDEX

INSTRUCTIONS TO BIDDERS

REQUEST FOR BID FORM

DRAFT CONTRACT

EXHIBIT A – STATEMENT OF WORK/SPECIFICATIONS

EXHIBIT B - INSURANCE AND BOND REQUIREMENTS

EXHIBIT C – PRICING SCHEDULE

EXHIBIT D – ADDITIONAL TERMS AND CONDITIONS

EXHIBIT E – BID AND ADDENDA

INSTRUCTIONS TO BIDDERS

1. Discrepancies

In case of a difference between the stipulated amount of the bid written in words and the stipulated amount written in figures, the stipulated amount stated in written words shall govern.

2. Modifications

Bid shall not contain any recapitulations of the work to be done. Alternate bids will not be considered unless called for. Oral bids or modifications will not be considered.

3. Examination of Bid Documents and Visit to Site

Before submitting a bid, bidders shall carefully examine the Exhibit A and all Request for Bid and contract documents, visit the site of work, and fully inform themselves as to all existing conditions and limitations and indicate on the Exhibit C the sum to cover the cost of all items requested in the Request for Bid.

4. Delivery Of Bids

Bids shall be delivered by the time and to the place stipulated in the Notice to Bidders. It is the sole responsibility of the bidder to see that his bid is received at the proper time.

5. Withdrawal

Any bidder may withdraw his bid via BidNet at any time prior to the scheduled closing time for receipt of bids.

6. Pre-Bid Submission Meeting

The City of Portage staff will be present on the meeting date and time specified in the Notice to Bidders page via Zoom for the purpose of addressing these specifications and/or answering any inquiries you may have about the project or the process. Following this meeting, when warranted an addendum to the request for bids will be issued to address any changes or clarifications.

Attendance at this meeting is not mandatory but is strongly recommended since the purpose of the meeting is to address any questions or problems that might arise so that all interested parties can share the benefit of uniform oral and written inquiry responses. All questions or concerns regarding the selection process or procedural matters should be addressed at that meeting.

Join Zoom Meeting https://us02web.zoom.us/j/85819663087?pwd=kO2N56YKj0bfJcZnaam9hsKDmhD5Wo.1

Meeting ID: 858 1966 3087 Passcode: 950041

Find your local number: Zoom International Dial-in Numbers - Zoom

7. Opening

Bids will be opened and publicly read aloud via Zoom.

Join Zoom Meeting https://us02web.zoom.us/j/84236275895?pwd=BK7laJc0kcelKuGWZXOlEt86JcXpSL.1

Meeting ID: 842 3627 5895 Passcode: 672424

Find your local number: Zoom International Dial-in Numbers - Zoom

8. Interpretation Of Documents

If any person contemplating submitting a bid is in doubt as to the true meaning of any part of any drawing or specification, he may submit to the Purchasing Manager a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the documents will be made only by addendum duly issued and available for all to view on BidNet. Neither the City nor the Purchasing Manager will be responsible for any other explanations or interpretations of the Contract Documents.

9. Addenda

Any addenda issued during the time of bidding or forming a part of the Contract Documents provided to the bidder for the preparation of his bid, shall be covered in the bid and shall be made a part of the contract. Receipt of each addendum shall be acknowledged in the bid.

10. Bidders Interested In More Than One Bid

No person, firm, contractor, or corporation shall be allowed to make, file or to be interested in more than one bid for the same work, unless alternate bids are called for. A person, firm, or corporation who has submitted a sub-bid to a bidder is not hereby disqualified from submitting a sub-bid or quoting prices to other bidders.

11. Contractor Requirements

Previous commercial snowplow experience with appropriate staffing level to handle the service levels requested.

12. Nondiscrimination

The Contractor agrees to comply with the Federal Civil Rights Act of 1964 as amended; the Federal Civil Rights Act of 1991 as amended; the Americans with Disabilities Act of 1990 as amended; the Elliott-Larsen Civil Rights Act, Article 2, Act no. 453, Public Act of 1976 as amended; the Michigan Handicapper’s Civil Rights Act, Article 2, Act. No. 220; Public Act of 1976, as amended and all other applicable Federal, State and Local laws and regulations.

Specifically, contractors and subcontractors are required not to discriminate against any employee or applicant for employment with respect to such person’s hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of such person’s height, weight, race, color, religion, national origin, ancestry, age, marital status, sex, sexual orientation, gender identity or disability, as defined by law. Breach of this covenant may be regarded as a material breach of the contract.

The City of Portage in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of gender, disability, race, color or national origin in consideration for an award.

13. Duration of Bid

Each bid shall be considered binding and in effect for a period of 120 days after the date of opening set forth in this RFB’s Notice to Bidders Page.

14. City of Portage Contract Conditions and Specifications

All bids submitted shall be in full compliance with the Contract Conditions and Specifications of the City of Portage.

15. Basis of Award

Award will be made to the lowest responsive and responsible bidder whose bid is determined by the City to be in the best interest of the City. Each bid shall have the unit prices and extensions checked for correctness. If discrepancies appear between the unit prices and extensions submitted, the unit price submitted for the particular pay item shall govern, and the dollar amount of the bid adjusted accordingly. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose of comparison of bids and determining an initial contract price.

Responsive bidder: A contractor, business entity, or individual who has submitted a bid that fully conforms in all material respects to this Request for Bid (RFB) and all of its requirements, including all form and substance.

Responsible bidders: A business entity or individual who has the financial and technical capacity to perform the requirements of the solicitation and subsequent contract.

A “contractor, supplier or vendor” is “qualified on the basis that it:”

1. has adequate financial resources to perform a contract,

2. is able to comply with the associated legal or regulatory requirements,

3. is able to deliver according to the contract schedule,

4. has a history of satisfactory performance,

5. has good reputation regarding integrity,

6. has or can obtain necessary data, equipment, and facilities, and

7. is otherwise eligible and qualified to receive award if its bid is chosen.

The City of Portage may conduct a pre-award survey after bid closing to determine if the lowest bidder is responsive and responsible.

16. Responsive Bids

At a minimum, responsive bids shall include the following:

1. Completed and Signed Bid Form

2. Completed Exhibit C per the instructions provided.

3. Bid Bond if required (See Exhibit B)

CITY OF PORTAGE

DEPARTMENT OF PUBLIC WORKS

REQUEST FOR BID FORM

2025 RFB - SNOW PLOWING & SALTING SERVICES

Submit this Completed Form as the Cover Pages of Your Bid.

Firm Name:

Address:

Telephone:

Website:

Representative Authorized to Sign Offer and Contract:

Name: Title:

Email: Telephone:

Authorized Point of Contact (POC)/Project Supervisor:

Name: Title:

Email: Telephone:

*City communications to Firm regarding this RFB will be sent to the POC. If no POC is provided, such communications will be sent to the Authorized Representative.

If adequate space is not provided for a complete response, please attach additional pages as necessary and identify by number. Bids will not be considered responsive unless all requests for information below are provided. Please use such terms as none, not applicable, unknown, etc., if requested information does not pertain or cannot be provided.

1. Please indicate the response that best describes your business:

☐Sole Proprietor ☐Partnership ☐Corporation

☐Other (please explain) _____________________________________________________

2. Is your Firm involved in any proceedings that may affect the ability of the Firm to continue under the current Firm name for the duration of the project? ☐Yes ☐No If yes, please explain.

3. Is your Firm up for sale? ☐Yes ☐No If yes, please explain.

4. Please provide the names and titles of primary staff assigned to project.

1. _______________________________

2. _______________________________

3. _______________________________

4. _______________________________

5. _______________________________

6. _______________________________

7. _______________________________

8. _______________________________

9. _______________________________

10. _______________________________

5. Please list subcontractors and work to be performed.

SIGNATURE

I certify that I am authorized to execute and submit this bid on behalf of the Firm listed above; that all of the RFB instructions and rules, exhibits, addenda, explanations, evaluation criteria, submittal requirements, terms and conditions and any other information provided by the City has been reviewed, understood and complied with; and that all information in this submission is true, correct, and in compliance with the terms of the RFB.

I hereby state that I have the authority to submit this bid which will become a binding contract if accepted by the City of Portage. I further state that I have not communicated with nor otherwise colluded with any other person or Firm, nor have I made any agreement with nor offered or accepted anything of value from an Official or employee of the City of Portage that would tend to destroy or hinder free competition.

Authorized Representative Signature Date

REQUEST FOR BID (RFB)

2025 RFB SNOW PLOWING AND SALTING

SERVICES

Following is a “draft copy” of the contract that will be executed by the City and the Contractor for the completion of this project.

Exhibit A – Statement of Work

Exhibit B – Insurance and Bond Requirements

Exhibit C – Pricing Schedule

Exhibit D – Additional Terms and Conditions

Exhibit E – Contractor Bid and Addenda

CITY OF PORTAGE

DRAFT CONTRACT

THIS CONTRACT made the date signed by the City of Portage (“Effective Date”), by and between Contractor, Enter address, hereinafter called the “Contractor,” and the City of Portage, 7900 South Westnedge Avenue, Portage, Michigan 49002, a Michigan municipal corporation, hereinafter called the “City.”

WITNESSETH, THAT the Contractor and the City for the consideration stated herein agree as follows:

ARTICLE I - SPECIFICATIONS

The Contractor shall perform the work described in Exhibit A and shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to perform and complete in a workmanlike manner all the work required for 2025 RFB Snow Plowing and Salting Services all in strict accordance with the Exhibit A, including any and all addenda, which plans and specifications are made a part of this contract, and in strict compliance with the Contractor’s Bid and other contract documents herein mentioned which are a part of this contract; and the Contractor shall do everything required by this contract and the other documents constituting a part hereof.

ARTICLE II - COMPENSATION TO BE PAID TO THE CONTRACTOR

In consideration of the completion of the work described herein and in fulfillment of all stipulations of this contract to the satisfaction and acceptance of the City, the City shall pay and the said Contractor further agrees to receive and accept payment based on the prices in the Exhibit C – Pricing Schedule, the sum of which shall be, written dollar amount ($$$) as full compensation for furnishing all the equipment and materials, and for the costs of all premiums on insurance and bonds and for doing all the work contemplated and specified in this contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the same; and for all risks of every description connected with the work; and for well and faithfully completing the work and the whole thereof, in full compliance with the Exhibit A and the requirements under it. Payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the contract documents hereto attached.

ARTICLE III - CONTRACT TERM

The initial term of this Agreement shall begin the date signed by the City of Portage (“Effective Date”) and end on Month Day, 2028 (“Initial Term) for a base period of thirty-six (36) months.

OPTION TO EXTEND. The City shall have the option to extend the term of this Agreement for three (3) increments of one (1) year each for a total of six (6) years beyond the expiration of the Initial Term, not to exceed December 31, 2031, pursuant to Exhibit C or other applicable pricing provisions of this Agreement. Unless City notifies Contractor in writing not less than thirty (30) days prior to the expiration date that the City does not intend to extend the Agreement, the Agreement will be automatically extended for the next option period.

ARTICLE IV - COMPONENT PARTS OF THIS CONTRACT

This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or, if not attached, as if hereto attached.

1. Contract (this document)

2. City of Portage Contract Conditions and Specifications

3. Exhibit A – Statement of Work to include Scope, Specifications, Attachments, Plans, Drawings and Appendices

4. Exhibit B – Insurance and Bond Requirements

5. Exhibit C – Pricing Schedule

6. Exhibit D – Additional Terms and Conditions

7. Exhibit E – Contractor Bid and Addenda

In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically, except as may be otherwise specifically stated.

IN WITNESS WHEREOF, the parties have caused this instrument to be executed in four original counterparts the day and year first above written.

FIRM CITY OF PORTAGE

By: By:

Name, Title Patrick McGinnis, City Manager

Date: Date:

Approved as to Form:

Catherine Kaufman, Portage City Attorney

Previously Approved as to Form by City Attorney, Catherine Kaufman.

EXHIBIT A – STATEMENT OF WORK/SPECIFICATIONS

SCOPE OF WORK

Contractor shall finish all labor and equipment for clearing snow and salting services to maintain all roadways, parking lots, and walkways in safe conditions during the months of November, December, January, February, and March for a three-year period. Maps denoting crosshatched areas of responsibility are provided as a separate attachment.

1. Contractor Shall:

1.1. Be required to maintain an environment in compliance with all rules, regulations and codes covering an occupied facility.

1.2. Plow and remove all snow from select sidewalks, building approach walks, entrances, and parking lot entrance drives.

1.3. Use best judgment on when to clear snow and salt, but all snow must be removed prior to 6:30am daily.

1.4. Correct any shortcomings noted by City Representative within 24 hours.

1.4.1 Shortcomings not corrected by contractor will be corrected by City at Contractor’s expense

1.4.2. Callbacks. Failure to comply with any part of this contract, to the specified work as scheduled, or for work which is performed unsatisfactory shall be grounds for callbacks.

SPECIFICATIONS

2. SNOW REMOVAL & SALTING AREAS

Division A – 18 Crosswalks, Division B – 5 Public Facilities, and 1 Division C – Senior Center

2.1. Division A – Crosswalks shall be completed by 6:30 am weekdays Monday through Friday.

2.1.1 Crosswalk snow removal maps are listed on the following bid documents. The crosswalks are usually near school zones.

2.1.2 Ice melt shall be applied at street corners/edges where crosswalks transition to concrete surfaces from pavement.

2.2. Division B – Public Facilities shall be completed by 6:30 am weekdays Monday through

2.2.1 City Center snow removal areas are designed to clear City Hall, Public Safety Complex, Fire Station #2, Fire Station #3 and Parks and Recreation prior to 6:30am.

Division B areas include snow removal for lots, drives, and sidewalks. All designated snow removal areas shall include ice melt application.

2.3. Division C – Zhang Senior Center shall be completed by 6:30am seven days per week

2.3.1 For Portage Community Center, the contractor will use his/her best judgement on when to clear snow, but all snow must be removed prior to 6:30 am, seven days per week.

i. Salting of parking lots and application of liquid deicer on sidewalks

ii. On weekdays, parking lots and sidewalks to be fully cleared of snow at 6:30am prior to facility opening.

iii. On weekends, snow removal shall be completed by 6:30 am. A 2-inch accumulation threshold shall apply for snow events occurring between 7:00 am and 5:30 pm

*City Staff will handle snow removal during open business hours 7:00 am to 3:30 pm Monday through

2.4 Authorization

Authorization is not required for crosswalks (Division A), Public Facilities (Division B) or Senior Center (Division C) for snow removal.

2.5 Inspection of Work

This removal cycle for specific authorized snow events will be inspected by the city Contract Administrator or his designated representative and upon verification that all required work was completed in accordance with the contract to the satisfaction of the Contract

Administrator who will confirm a paid event. These confirmations by paid event will be matched to monthly invoices by the city Contract Administrator for authorization of payments.

2.6 Comingling Work

The contractor will complete all work specified in this contract and cannot comingle other non-city work during the city snow removal process.

2.7 Contractor Communication Availability

During the snow removal season, contractors are required to have 24-hour, 7 day per week communication capability with the Contract Administrator or his designated representative.

2.8 Deletion of Areas

The city reserves the right to delete any portion, or all areas specified for any qualifying snow event. Any deleted portion will not be paid as part of the approved snow event.

EXHIBIT B - INSURANCE AND BOND REQUIREMENTS

The Contractor will be required to furnish to the City of Portage, upon notice from the Purchasing Manager and prior to commencement of work, a Certificate of Insurance as well as any required endorsements. In lieu of required endorsements a copy of the policy sections where coverage is provided for additional insured and cancellation notice would be acceptable. Copies or certified copies of all policies mentioned below shall be furnished, if so requested.

The Contractor, and their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph, and shall keep such insurance in force during the entire life of this contract. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan and acceptable to the City of Portage. The requirements below should not be interpreted to limit the liability of the Contractor. All deductibles and SIRs are the responsibility of the Contractor.

The Contractor shall procure and maintain the following insurance coverage:

1. Workers’ Compensation Insurance, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan.

2. Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $2,000,000 per occurrence and aggregate. Coverage shall include, but not limited to, the following: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Explosion, Collapse, and Underground, if applicable.

3. Automobile Liability, including Michigan No-Fault Coverages, with limits of liability not less than $1,000,000 per occurrence combined single limit for Bodily Injury, and Property Damage.

Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

4. Excess/Umbrella Liability, Commercial General Liability and Automobile Liability Required liability limits may be obtained by using an Excess/Umbrella Liability policy in addition to the primary liability policy(ies). If coverage limits are satisfied by an Excess and/or Umbrella policy, coverage must follow form of the primary liability policy(ies), including but not limited to additional insured and primary/non-contributory coverage.

5. Additional Insured: Commercial General Liability Insurance shall include an endorsement stating the City of Portage, including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees and volunteers, shall be Additional Insured. It is understood and agreed that by naming the City of Portage as additional insured, coverage afforded is considered to be primary and any other insurance the City of Portage may have in effect shall be considered secondary and/or excess.

6. Cancellation Notice: Policy(ies), as described above, shall be endorsed to state the following:

It is understood and agreed Thirty (30) days, Ten (10) days for non-payment of premium, Advance Written Notice of Cancellation or Non-Renewal shall be sent to the Certificate Holder to purchasing@portagemi.gov.

7. If any of the above coverages expire during the term of this contract, the Contractor shall deliver renewal certificates, endorsements, and/or policies to the City of Portage at least ten (10) days prior to the expiration date.

8. Indemnification

To the fullest extent permitted by Laws and Regulations, the Contractor, at its sole cost and expense, shall indemnify and hold harmless the City and its officers, directors, employees, agents and consultants (hereinafter referred to as “Indemnified Parties”) from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work or from the failure to comply with any covenant or term of the contract, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom or (ii) is caused in whole or in part by any act or omission of the Contractor, its agents, officers, contractors, subcontractors, employees, invitees, suppliers or any other person or entity, directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. Provided, however, that the Contractor shall not be required to indemnify the Indemnified Party for injury, death, loss or damage caused by the sole negligence of the Indemnified Party. If such injury or damage is caused in whole or in part by the acts or omissions of the Indemnified Parties, then the indemnification obligation shall be reduced in proportion to the Indemnified Party’s percentage of responsibility for such injury or damage.

In any and all claims against the City or any consultants, agents, officers, directors or employees of the City by any employee (or the survivor or personal representative of such employee) of the Contractor, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation above 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 or any such Subcontractor, Supplier or other person or organization under workers’ compensation Acts, disability benefit Acts or other employee benefit Acts.

Insurance coverage required by the Contractor constitutes the minimum requirements and those requirements shall in no way lessen or limit the liability of the Contractor under the terms of the contract. The Contractor shall procure and maintain at Contractor’s own cost and expense any additional claims or amounts of insurance that, in the judgment of the City, may be necessary for Contractor’s proper protection in the prosecution of the work.

EXHIBIT C – PRICING SCHEDULE

Please complete and submit the Pricing Schedule provided in Excel format along with your bid.

DO NOT CONVERT TO PDF.

Contract Total: _______________________________ Enter contract total in BidNet.

EXHIBIT D – ADDITIONAL TERMS AND CONDITIONS

1. Coordination of Work Required

Unless specifically identified as work to be provided by the City staff, the Contractor shall furnish supervision and all labor, equipment, supplies, materials (except as otherwise noted herein), and perform satisfactorily the professional services at the frequencies and during the times as specified herein. The professional services shall include all functions normally considered a part of completing this work in a satisfactory manner. Compensation to cover any and all expenses shall be included in the proposed project cost.

2. Default

The City may, by written notice to the Contractor, terminate the right to proceed as to the whole or any part of the contract (1) if the Contractor fails to perform the services within the time specified or any extension thereof, (2) so fails to make progress as to endanger performance of the contract in accordance with its terms, or (3) the Contractor fails to perform any other provisions of the contract. The Contractor shall not be subject to this provision if failure to perform the contract arises out of any cause beyond its control and without any fault or negligence by the Contractor or subcontractors.

3. Status of Contractor

The Contractor and its employees at all times shall be considered as independent contractors and not as City employees. In delivering services, the Contractor shall exercise all supervisory control and general control over all day-to-day operations, including control over all workers’ duties, payment of all wages to its employees, and the right to hire, fire, and discipline all employees. As an independent contractor, payment to the Contractor under this contract shall not be subject to any withholding for tax, social security, or other purposes, nor shall the Contractor or employees of the Contractor be entitled to any City of Portage fringe benefit programs.

4. Employees of the Contractor and Subcontractors

The Contractor shall at all times be responsible for the conduct and discipline of its employees and/or any subcontractor or persons employed by the Contractor. All workers must have sufficient knowledge, skill, and experience to properly perform the work assigned to them. Any worker employed by the Contractor, who in the opinion of the City Contract Administrator, does not perform work in a skilled manner, or acts in a disorderly or intemperate manner, or engages in sexual harassment or other forms of inappropriate behavior as defined by the City Contract Administrator, shall, at the written request of the City Contract Administrator, be removed immediately from the project and shall not be utilized again in any portion of the work without approval of the City Contract Administrator.

The Contractor agrees to bind every subcontractor (and every subcontractor of subcontractor) and every subcontractor agrees to be bound by the terms of the Contract, Plans and

Specifications, as far as applicable to the Contractor’s work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the Owner.

5. Laws and Municipal Ordinances

The Contractor shall keep fully informed of all laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the work, or the equipment and materials used in the work, and all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with all such existing laws, codes, ordinances, regulations, orders, and decrees. In particular, all work shall be in compliance with the Laws of the State of Michigan, City Ordinances, as well as all other bodies having jurisdictional authority.

If the corporation is not a Michigan corporation, a “Certificate of Authority to Transact Business in the State of Michigan” if required by MCLA 450.2001, et. Seq. shall be submitted to the City by the successful bidder. City Contract Administrator

6. Supervision by Contractor

The Contractor will supervise and direct the work of its employees. The Contractor will be solely responsible for the means, methods, techniques, sequences, and procedures of the professional services performed. The Contractor will appoint a Project Supervisor who shall have been designated in writing by the Contractor at the time the Request for Bid is submitted. The Project Supervisor shall have full authority to act on behalf of the Contractor and all communications given to the Project Supervisor shall be as binding as if given to the Contractor. The Project Supervisor shall be present to the extent necessary so as to perform adequate supervision and coordination of the work.

7. Billing and Payment

The Contractor shall present an invoice in duplicate at the appropriate identified times, billing for services rendered. The billing shall be at the contracted price. The billing shall reference the appropriate purchase order number. The billing shall contain, if applicable, adjustments for additions, deletions, or changes in service. The City will strive to pay the billed amount within thirty (30) days after receipt of invoice, but the City will not pay any interest penalties for late payments.

For more timely payments, we strongly encourage you to enroll in ACH payment. To enroll in ACH payment please complete and submit the VENDOR ACH AUTHORIZATION FORM to AccountsPayable@portagemi.gov

All invoices MUST be sent directly to AccountsPayable@portagemi.gov or

Attn: Finance Department Accounts Payable

7900 South Westnedge Avenue

Portage, MI 49002

If invoices are sent to the contract administrator for this project or their department, the City is not responsible for any delayed payment.

Please make sure to clearly reference the name of the project.

8. Assignability

The Contractor agrees that the work proposed shall be accomplished by the Contractor and any subcontractors identified in the Bid Form. The Contractor agrees that any work under the contract to be assigned to another firm, and/or subcontractor, shall be done only with the prior approval of the City Contract Administrator.

9. Amendments

During the period of this contract there may be occasions when extra services related to the Statement of Work or changes to the Statement of Work or Specifications will be required via written amendment agreed upon by both parties. Costs for services provided in these situations will be based on the rates quoted in Exhibit C and/or the proposal or may be negotiated at the time of each occurrence. Any such work must have pre-approval of the City Contract Administrator. The City will not be responsible for additional invoices for work or materials that did not have written pre-approval.

10. City Contract Administrator

The Director of Public Works or his/her/their designated representative, shall be the City Contract Administrator. The City Contract Administrator will audit the billings, approve payments, oversee schedules, and generally be responsible for overseeing the execution of the contract.

Inspection or supervision by the Contract Administrator shall not be considered as direct control of the individual workers and their work. The direct control shall be solely the responsibility of the Contractor’s foreman or superintendent.

Designated Representative: Nick Haines, Deputy Director of Streets & Grounds Phone: (269) 329-4430 | Email: hainesn@portagemi.gov

DO NOT CONTACT DURING ACTIVE SOLICITATION. This may be grounds for disqualification from solicitation. Any and all contact during an active solicitation should be with the Purchasing Manager.

EXHIBIT E – BID AND ADDENDA

TO BE INSERTED UPON AWARD.